The Kitchener Record

Committee of Adjustment

May 16, 2023

Declared interests

DSD-2023-230 D. Patemanwith respect to consent application B 2023-010 and minor variance application A 2023-037 - 709 Glasgow Street, DSD-2023-107, DSD-2023-230 on the agenda this date due to a conflict arising from his employment

What was decided (8 motions)

6 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

That the application of ACTIVA HOLDINGS INC requesting a minor variance to Zoning By-law 85-1 to permit a parking rate of 1.4 parking spaces per dwelling unit (99 parking spaces) rather than the required 1.5 parking spaces per dwelling unit (108 parking spaces); and, to permit a visitor parking rate of 14% (14 parking spaces) rather than the minimum required 20% (20 parking spaces), to facilitate the construction of a residential development having three multiple dwelling blocks, each containing 24 dwelling units for a total of 72 dwelling units, in accordance with Site Plan Application SP22/128/H/TS, on Part Block 128, Plan 1819; being Parts 3 to 5 on Reference Plan 58R-20691, 525 Erinbrook Drive, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. 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 the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.
Moved by S. Hannah, seconded by B. Santos
Carried
That the application of SUBHRA DUTTA requesting a minor variance to Zoning By-law 85-1 to permit a lot area of 375sq.m rather than the required 395sq.m; and, to permit an easterly side yard setback of 0.44m rather than the required 1.2m, to facilitate the construction of an addition and conversion of the existing duplex into a 3-unit dwelling, in accordance with the Site Plan prepared by Rob Sajkunovic, dated June 2021, on Sub Lot 2, Part Lots 42 and 43, German Company Tract, 152 Weber Street East, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. 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 the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.
Moved by B. Santos, seconded by S. Hannah
Carried
That the application of PATRICIA J GALINSKI requesting a minor variance to Zoning By-law 85-1 to permit an attached garage to have an easterly side yard setback of 0.34m rather than the required 1.2m; and, a rear yard setback of 2.4m rather than the required 7.5m, to facilitate the conversion of the roof of the existing attached garage from a shed style to a pitched shaker style, generally in accordance with drawings prepared by Van Harten Surveying, dated May 30, 2022, and h11 design, dated May 12, 2023, on Lot 15, Plan 158, 17 Brock Street, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. 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 the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.
Moved by S. Hannah, seconded by B. Santos Carried
Carried
That the application of AMALIA GEORGHIADES requesting a minor variance to l egalize a driveway width of 25.8m rather than the maximum permitted 8.0m, to recognize the location, size, and configuration of an existing residential driveway (Minor Variance Application A 2013-002 was previously approved for a driveway width of 18.3m) , generally in accordance with the drawings prepared by MacKinnon & Associates, dated August 28, 2013,on Part Lot 3, Plan 794, Part Lots 9 to 11, Plan 877; being Parts 1 to 4 on Reference Plan 58R-12830 end being Part 1 on Reference Plan 58R-19865, 84 Maple Hill Drive, Kitchener, Ontario, BE
Moved by S. Hannah, seconded by B. McColl
Deferred
by B. Santos That the application of ROBERT STEFAN SEBASTIAN requesting a minor variance to Zoning By-law 85-1 to permit the required parking space to be located 0.5m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing attached garage into a living space, in accordance with the Site Sketch prepared by Catalyst General Contracting, dated December 2022, on Part Lot 372, Plan 376, 26 Louisa Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. 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 the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.
Moved by S. Hannah Second
Carried
That the application of PERRY MACLEAN requesting a minor variance to Zoning By-law 85-1 to permit a rear yard setback of 7.6m rather than the required 14.0m, to recognize the location of an addition in the rear of an existing warehouse building, in accordance with Site Plan Application Sp23/027/A/TZ, on Lot 15, Plan 174, 231 Arnold Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. 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 the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.
Moved by B. Santos, seconded by B. McColl
Carried
That the application of DAVID STEPHEN BAKER requesting a minor variance to Zoning By-law 85-1 to permit the construction of a single detached dwelling on the vacant lot zoned Agricultural Zone (A-1), having an area of 3.68 hectares rather than the required 1.2 hectares, a width of 38.5m rather than the required 60.0m; and, to permit a proposed detached accessory structure (a shed) to have a easterly side yard setback of 5.2m rather than the required 7.5m, in accordance with the building layout on the topographic sketch, prepared by J.D. Barnes Limited, dated April 17, 2023, and the building drawings prepared by Country Lane Builders, dated March 20, 2023, on Part Lots 124 & 125, German Company Tract; being Part 3 on Reference Plan 58R-12341, 27 Sunbridge Crescent, Kitchener, Ontario, BE APPROVED , subject to the following condition: That a 5-metre-wide easement be secured on title of the property, in favour of the City of Kitchener, for the purposes of drainage, as shown on the Topographic Sketch submitted with the application, prepared by J.D. Barnes Limited, dated April 17, 2023. It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. 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 submi
Moved by S. Hannah, seconded by B. McColl
Carried
That the application of MARCSALO HOLDINGS INC requesting permission to sever a parcel of land having a width of 7.6m, a depth of 45.7m and an area of 349.3sq.m. The retained land will have a width of 7.6m along Frederick Street, a depth of 45.7m and an area of 349.3sq.m. The existing dwelling is proposed to be demolished and new a semi-detached dwelling is proposed to be constructed, on Lot 28, Plan 764, 680 Frederick Street, Kitchener, Ontario, BE REFUSED . It is the opinion of this Committee that: That the proposed severance is premature as the final confirmation for the location of the demising wall, driveways and landscaping for the proposed semi-detached dwellings are still yet to be finalized. That the proposed lots and requirements of the Zoning By-law for the severed lands and the retained lands cannot be confirmed until the dwelling is fully constructed. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.
Moved by B. Santos, seconded by B. McColl
Lost

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