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HomeMy WebLinkAboutCA Minutes - 2026-03-17 Committee of Adjustment Committee Minutes March 17, 2026, 10:00 a.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 Present: B. Santos, Chair B. McColl, Member A. Brennan, Member M. Melo, Member M. Gambetti, Member Staff: T. Malone-Wright, Manager, Development Approvals S. Hajgato, Transport Planning Analyst M. Mills, Committee Coordinator C. Owen, Administrative Clerk _____________________________________________________________________ 1. COMMENCEMENT The Committee of Adjustment met this date commencing at 10:03 a.m. 2. MINUTES Moved by A. Brennan Seconded by M.Gambetti "That the regular minutes of the Committee of Adjustment meeting held February 17, 2026, as circulated to the members, be accepted." Carried 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 1 None. 4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 None. 6. NEW BUSINESS 6.1 A 2026-010 - 12 Crescent Street, DSD-2026-104 Submission No.: A 2026-010 Applicant: Vasile Ivasco Property Location: 12 Crescent Street Legal Description: Part Lot 1, Lot 4, Plan 218 and Part Lot 19, Plan 332 Appearances: In Support: G. Sedra Contra: None Written Submissions: J. Van Adrichem The Committee was advised the applicant requested minor variances to permit a maximum lot coverage for a detached ADU to be 18.1% (103.2 sq.m.) rather than the maximum permitted 15% (85.7 sq.m.); to permit a parking space width to be 2.7m within a private garage rather than the minimum required width of 3m; to permit a maximum driveway width of 8.2m (67% of the lot width) rather than the maximum permitted width of 4.8m (40% of the lot width); to permit two driveways from the street whereas only one driveway is permitted; and to permit a driveway width of 2.1m rather than the minimum required of 2.6m to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) with an attached garage and a detached garage in the rear yard of the subject property. The Committee considered Development Services Department report DSD-2026- 104, dated February 26, 2026, recommending refusal as outlined in the report. 2 The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 27, 2026, advising they have no concerns with the subject application. G. Sedra, GS Engineering Services, was in attendance in opposition to the staff recommendation requesting the application be to a future meeting date to allow an opportunity for further consultation with Staff for potential revisions to the minor variance requests. In response to questions from the Committee, T. Malone-Wright noted Staff are not opposed to a deferral of the application. Moved by M. Gambetti Seconded by M. Melo That the application of VASILE IVASCO Requesting minor variances to permit a maximum lot coverage for a detached ADU to be 18.1% (103.2 sq.m.) rather than the maximum permitted 15% (85.7 sq.m.); to permit a parking space width to be 2.7m within a private garage rather than the minimum required width of 3m; to permit a maximum driveway width of 8.2m (67% of the lot width) rather than the maximum permitted width of 4.8m (40% of the lot width); to permit two driveways from the street whereas only one driveway is permitted; and to permit a driveway width of 2.1m rather than the minimum required of 2.6m to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) with an attached garage and a detached garage in the rear yard of the subject property on Part Lot 1, Lot 4, Plan 218 and Part Lot 19, Plan 332, 12 Crescent Street, Kitchener, Ontario, BE DEFFERED, to the June 16, 2026 Committee of Adjustment meeting or sooner, to allow the applicant an opportunity to further consult with Staff regarding potential revisions to the minor variance requests. Carried 6.2 A 2026-011 - 67 Blucher Street, DSD-2026-119 Submission No.: A 2026-011 Applicant: 67-71 Blucher Inc. Property Location: 67 Blucher Street Legal Description: Lot 16, Plan 328 and Part Lot 4, Plan 399 3 Appearances: In Support: K. Barisdale Contra: None Written Submissions: None The Committee was advised the applicant requesting minor variances to permit a visitor parking requirement of 2 parking spaces rather than the minimum required 3 visitor parking spaces; to permit a front yard setback of 4.4m rather than the minimum required front yard setback of 6.62m; to permit a Floor Space Ratio (FSR) of 0.7 rather than the maximum Floor Space Ratio (FSR) of 0.6 to facilitate construction of two (2) stacked townhouse buildings having 16 dwelling units. The Committee considered Development Services Department report DSD-2026- 119, dated March 5, 2026, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 27, 2026, advising they have no concerns with the subject application. K. Barisdale, GSP Group Inc., was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by A. Brennan That the application of 67-71 BLUCHER INC requesting minor variances to permit a visitor parking requirement of 2 parking spaces rather than the minimum required 3 visitor parking spaces; to permit a front yard setback of 4.4m rather than the minimum required front yard setback of 6.62m; to permit a Floor Space Ratio (FSR) of 0.7 rather than the maximum Floor Space Ratio (FSR) of 0.6, to facilitate construction of two (2) stacked townhouse buildings having 16 dwelling units, generally in accordance with drawings prepared by Pioneer Tower Homes, 4 dated February 18, 2026, on Lot 16, Plan 328 and Part Lot 4, Plan 399, 67 Blucher Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.3 A 2026-012 - 449 - 471 Wellington Street North, DSD-2026-121 Submission No.: A 2026-012 Applicant: City of Kitchener c/o Darren Becks Property Location: 449 - 471 Wellington Street North Legal Description: Part Lot 25, Plan 82; being Part 20 on Reference Plan 58R- 383 Appearances: In Support: J. Wenzel Contra: R. Porter Written Submissions: None The Committee was advised the applicant requesting minor variances to permit a front yard setback of 5m rather than the minimum required 6m; and, to permit a building height of 19.7m rather than the maximum permitted 9m to facilitate the development of a 6-storey multiple dwelling having 35 Affordable Dwelling Units. 5 The Committee considered Development Services Department report DSD-2026- 121, dated March 5, 2026, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 27, 2026, advising they have no concerns with the subject application. J. Wenzel, GSP Group Inc., was in attendance in support of the staff recommendation. R. Porter was in attendance in opposition to the application noting privacy concerns related to the proposed height overlooking neighbouring properties. R. Porter further expressed concerns regarding the impact of noise disturbances affecting future due to a nearby industrial use. In response to questions from the Committee, T. Malone-Wright noted the proposed development will not include balconies to minimize privacy impacts on neighbouring properties. B. Santos noted opposition to the application due to the height of the proposed development and privacy impacts on neighbouring properties. Moved by M. Gambetti Seconded by A. Brennan That the application of the CITY OF KITCHENER requesting minor variances to permit a front yard setback of 5m rather than the minimum required 6m; and, to permit a building height of 19.7m rather than the maximum permitted 9m to facilitate the development of a 6-storey multiple dwelling having 35 affordable dwelling units, in accordance with Site Plan Application SPF26/011/W, on Part Lot 25, Plan 82; being Part 20 on Reference Plan 58R-383, 449-471 Wellington Street North, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. 6 Pursuant to Section 45 of the Planning Act, all oral and written submissions were -making process with respect to the subject application. For more information, please review t www.kitchener.ca. Carried 6.4 A 2026-013 - 99 Brandon Avenue, DSD-2026-110 Submission No.: A 2026-013 Applicant: Kristina Sinzig Property Location: 99 Brandon Avenue Legal Description: Part Lots 71 & 72, Plan 852 Appearances: In Support: M. Cuthbert Contra: None Written Submissions: None The Committee was advised the applicant requesting a minor variance to permit an addition to have a westerly side yard setback of 0.7m rather than the minimum required 1.2m to facilitate the construction of a 1-storey addition with an attached garage to the existing dwelling. The Committee considered Development Services Department report DSD-2026- 110, dated March 3, 2026, recommending approval as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 27, 2026, advising they have no concerns with the subject application. M. Cuthbert, Malamar Construction, was in attendance in support of the staff recommendation. 7 Moved by M. Gambetti Seconded by M. Melo That the application of KRISTINA SINZIG requesting a minor variance to permit an addition to have a westerly side yard setback of 0.7m rather than the minimum required 1.2m to facilitate the construction of a 1-storey addition with an attached garage to the existing dwelling, generally in accordance with drawings prepared by Chris Lahn, dated January 29, 2026, on Part Lots 71 & 72, Plan 852, 99 Brandon Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.5 A 2026-014 - 1010 Queens Boulevard, DSD-2026-109 Submission No.: A 2026-014 Applicant: David Van Vugt Property Location: 1010 Queens Boulevard Legal Description: Part Lots 389 & 390, Plan 230 Appearances: In Support: J. Massecar Contra: None Written Submissions: 8 None The Committee was advised the applicant requesting a minor variance to permit a rear yard setback of 0m rather than the minimum required 7.5m to facilitate the conversion of a Single Detached Dwelling with 1 Additional Dwelling Units (ADU) (Attached) (Duplex) to a Single Detached Dwelling with 2 Additional Dwelling Units (ADUs) (Attached) (Triplex). The Committee considered Development Services Department report DSD-2026- 109, dated February 26, 2026, recommending approval with conditions as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 27, 2026, advising they have no concerns with the subject application. J. Massecar, MW Drafting and Design Inc., was in attendance in support of the staff recommendation. Moved by M. Gambetti Seconded by B. McColl That the application of DAVID VAN VUGT requesting a minor variance to permit a rear yard setback of 0m rather than the minimum required 7.5m to recognize the location of the existing building on the subject property as a Single Detached Dwelling with 2 Additional Dwelling Units (ADUs) (Attached) (Triplex), generally in accordance with drawings prepared by MW Drafting & Design Inc., dated January 15, 2026, on Part Lots 389 & 390, Plan 230, 1010 Queens Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner shall amend their current Building Permit Application to indicate conversion from an existing Duplex to a Triplex instead of a Fourplex, to legalize the existing Triplex. 2. That the property owner shall modify the existing driveway to have a maximum width of 8 metres, in accordance with the regulations of Zoning By-law 2019-051, by adding soft landscaping as per the drawing submitted with Minor Variance Application A 2026-014, dated January 15, 2026. 9 3. That the property owner shall modify the existing garage roof and eaves to remove the roof and eaves that project and encroach over the property line and onto the adjacent property. 4. That the property owner shall complete the work, identified in the Conditions 2 and 3 above, by September 30, 2026. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried 6.6 A 2026-015 - 126 Clive Road, DSD-2026-120 Submission No.: A 2026-015 Applicant: David Salvatore Property Location: 126 Clive Road Legal Description: Part Lot 189, 190 & 191, Plan 651 Appearances: In Support: D. Salvatore C. Dumart Contra: None 10 Written Submissions: J. Sullivan R. Rogez H. Thibeh N. Lin B. Cressman D. Salvatore The Committee was advised the applicant requesting minor variances to permit street line facade openings of 16.7% rather than the minimum required 20%; to permit a parking requirement of 6 parking spaces rather than the minimum required 12 parking spaces; to permit a parking space to be located in the front yard whereas the Zoning By-law does not permit parking spaces in the front yard, and for the parking space to be set back 2.9m from the front lot line rather than the minimum 3m; to permit an easterly side yard setback of 2m rather than the minimum required 3m; to permit a Floor Space Ratio (FSR) of 0.72 rather than maximum permitted 0.6 to facilitate the addition of 4 dwelling units to an existing multiple dwelling having 6 dwelling units for a total of 10 dwelling units on the subject property. The Committee considered Development Services Department report DSD-2026- 120, dated March 11, 2026, recommending approval and refusal as outlined in the report. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 23, 2026, advising they have no concerns with the subject application. The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated February 27, 2026, advising they have no concerns with the subject application. The Committee considered several written submissions from the neighbourhood related to the subject application. T. MaloneWright advised the Committee that the Notice of the Minor Variance Application incorrectly stated that the proposed parking space is requested to be located within 2.9 metres of the front lot line; however, the the notice should have indicated 2.4 metres. T. MaloneWright noted the 0.5metre discrepancy in the Notice is minor and does not affect the evaluation of the variance, as the Zoning 11 Bylaw prohibits parking spaces within 3 metres of the front lot line. As a result, readvertisement of the application was not required. C. Dumart was in attendance in support of the staff recommendation for the variance request related to the street line façade opening however noted opposition to the staff recommendation for refusal of the balance of the minor variance requests outlined in Part B of the Staff recommendation. C. Dumart noted the minor variance request related to a parking space in the front yard seeks to legalize an existing situation as there is sufficient space for in the front yard for a parking space. Further, C. Dumart noted surface parking in the front yard is common in the subject area and is permitted as of right. C. Dumart stated, Staff have previously supported minor variances requests for parking in the front yard such as A 2024-034, 215 Morgan Avenue and requests for an increase to FSR such as A 2026-011, 67 Blucher Street. In addition, C. Dumart noted the interior side yard setback request relates to only the easterly side of the property whereas the westerly side of the building exceeds the minimum setback requirement. It was explained, the variance request related to the interior side yard setback facilitates ample landscaping and access. C. Dumart advised that in consultation with Staff, he prepared a parking justification study outlining Transportation Demand Management measures such as 1 Class A Bicycle parking space per unit and provision of transit passes to future tenants. Lastly, C. Dumart noted, parking at the proposed development will be unbundled meaning, not every unit will be offered a parking space. C. Dumart noted the property owner has considered potential construction of a shed in the rear yard for additional bicycle storage however, as the subject property shares a lot line with Highway 7, a portion of the rear yard is located within the Ministry of Transportation (MTO) permit area. As such, the property owner consulted the MTO regarding construction of a shed and was advised by the MTO that they have no concerns with this proposal if the property owner agrees to remove the structure if there is any expropriation in that area in the future. In response to questions from the Committee, T. Malone-Wright noted that, the most significant minor variance request in the subject application is the request for 6 parking spaces rather than the minimum required 12 parking spaces. T. MaloneWright further advised the Committee consider all the minor variances indicated in Part B of the Staff recommendation as a whole given the cumulative impact that one minor variance has one other minor variances. The Committee noted the Site Plan attached to the application is not detailed in displaying the square footage and location of the proposed bicycle storage thus, 12 the Committee does not have sufficient information to appropriately consider the bicycle storage proposal being presented this date. In response to questions from the Committee, T. Malone-Wright noted Staff are amenable to deferral of the application to a future meeting date to allow an opportunity for further collaboration with the applicant. In addition, S. Hajgato noted, if the Committee chooses defer the application, Staff request the applicant provide an updated parking justification study conducted by a qualified traffic/transportation consultant. S. Hajgato further explained that any features constructed within the MTO setback may not be remain in that location permanently, as there is potential for expropriation. As such, S. Hajgato noted it would be advisable that the applicant provide correspondence from MTO related to the proposed setbacks and the ability to obtain an MTO Permit for the proposed bicycle storage. It was requested that each part of the Staff recommendation be voted on separately. B. McColl brought forward a motion to approve the minor variance request related to a street line facade opening of 16.7% which was seconded by M. Gambetti, was then voted on and was Carried. B. McColl brought forward a motion to defer Part B of the Staff recommendation as outlined in Development Services Department report DSD-2026-120 to the July 21, 2026 Committee of Adjustment meeting or sooner, to allow an opportunity for the applicant to provide an updated parking justification study prepared by a qualified traffic/transportation consultant, detailed floor plans depicting bicycle storage within the dwelling units or the location of a structure for bicycle storage, plans for garbage storage on the property, and updated comments from MTO related to the proposed setbacks and the ability to obtain an MTO Permit for the proposal. The motion was seconded by M. Melo, was then voted on, and was Carried. A 2026-015 (Part A) Moved by B. McColl Seconded by M. Gambetti That the application of David Salvatore requesting a minor variance to permit a street line facade opening of 16.7% rather than the minimum required 20%, to recognize the front façade of the existing building; , generally in accordance with drawings prepared by GRIT Engineering, dated January 28, 2026, on Part Lots 189, 190 & 191, Plan 651, 126 Clive Road, Kitchener, Ontario, BE APPROVED. 13 It is the opinion of this Committee that: 1. The variance requested in the application related to the street line façade opening is minor. 2. The variance requested in the application related to the street line façade is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of -making process with respect to the subject application. For more information, please www.kitchener.ca. Carried A 2026-015 (Part B) Moved by B. McColl Seconded by M. Melo That the application of David Salvatore requesting minor variances to permit a parking requirement of 6 parking spaces rather than the minimum required 12 parking spaces; to permit a parking space to be located in the front yard whereas the Zoning By-law does not permit a parking space to be located in the front yard; to permit a parking space to be located within 2.4mm of the front lot line rather than minimum required 3m; to permit a Floor Space Ratio of 0.72 rather than the maximum permitted 0.6; and, to permit an interior side yard setback of 2m rather than the minimum required 3m, to facilitate the addition of 4 dwelling units to an existing multiple dwelling having 6 dwelling units, for a total of 10 dwelling units, generally in accordance with drawings prepared by GRIT Engineering, dated January 28, 2026, on Part Lots 189, 190 & 191, Plan 651, 126 Clive Road, Kitchener, Ontario, BE DEFFERRED to the July 21, 2026 Committee of Adjustment meeting or sooner, to allow an opportunity for the applicant to provide an updated parking justification study prepared by a qualified traffic/transportation consultant, detailed floor plans depicting bicycle storage within the dwelling units or the location of a structure for bicycle storage, plans for garbage storage on the property, and updated comments from MTO related to the proposed setbacks and the ability to obtain an MTO Permit for the proposal. 14 Carried 7. ADJOURNMENT On motion, the meeting adjourned at 11:39 a.m. Marilyn Mills Secretary-Treasurer Committee of Adjustment 15