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Committee of Adjustment
September 16, 2025
Declared interests
DSD-2025-388 A. Brennanwith respect to minor variance application A 2025-090 - 10 Abram Clemens Street, DSD-2025-388, on the agenda this date due to her employment
What was decided (11 motions)
11 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That the application of ERIN ANNE BOW and JAMES EDWARD BOW requesting a minor variance to allow the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of an existing single detached dwelling having a building height of 3.4m rather than maximum permitted 3m for a flat roof, measured to the peak of the roof, generally in accordance with drawings prepared by Shivang Tarika, dated May 2025, and in accordance with the Tree Preservation & Enhancement Plan, dated September 3, 2025, and the Tree Protection Plan, dated September 3, 2025, on Lot 9, Plan 882, 112 Admiral Road, Kitchener, Ontario, BE APPROVED : It is the opinion of this Committee that: The variance requested in this application is 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 M. Gambetti, seconded by M. Melo
Carried
That the application of SCHLEGEL URBAN DEVELOPMENTS CORP requesting minor variances to permit a Floor Space Ratio (FSR) of 0.65 rather than the maximum permitted 0.6; to permit a maximum building height of 16m rather than the maximum permitted 10.5m; to permit a setback from Bleams Road of 9.2m and from Abram Clemens Street of 6m rather than the maximum permitted setback to a street of 4.5m, to facilitate a multiple residential development having 139 dwelling units in accordance with Site Plan Application SPF25/041/A, on Block 146, Plan 58M-708, 10 Abram Clemens 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 M. Melo, seconded by M. Gambetti
Carried
That the application of EMILIAN JOHN BURCA requesting a minor variance to permit an accessory structure to have a building height to the underside of the fascia of 4.6m rather than the maximum permitted 3m; to permit a driveway width of 11.7m rather than the maximum permitted 8m, for a distance beyond 50m from the front lot line, provided the driveway remains outside of an existing conservation easement; and, to permit a building height of 12.2m rather than the maximum permitted 11m to facilitate the construction of a new detached dwelling, generally in accordance with drawings prepared by Structured Creations Inc., dated June 16, 2025, on Part Lot 124, German Company Tract; being Part 2 on Reference Plan 58R-19112, 184 Woolwich 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 M. Gambetti, seconded by M. Melo
Carried
That the application of CARLOS DE SOUSA and SANDI AMORIM requesting minor variances to permit an addition to have a front yard setback of 1.8m rather than the minimum required 3.7m; and, to permit an easterly side yard setback of 1m rather than the minimum required 1.2m to facilitate the construction of a sunroom onto the existing detached dwelling, generally in accordance with drawings prepared by Manny Amorim, dated August 14, 2025, on Part Lots 29 and 30, Plan 25; being Part 1 on Reference Plan 58R-1608 , 535 Stirling Avenue South, 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 A. Brennan, seconded by M. Gambetti
Carried
That the application of BRUCE JONATHAN MACVICAR requesting minor variances to permit a detached garage to have a southerly side yard setback of 0.3m rather than the minimum required 0.6m; to permit a deck to have a northerly side yard setback of 0.9m rather than the minimum required 1.2m; and, to permit an addition (a deck) to have a northerly side yard setback of 0.9m rather than the minimum required 1.2m to facilitate the construction of a new 3-storey addition with a rear deck and the reconstruction of the existing detached garage, generally in accordance with drawings prepared by Robert Chang Architect Inc., dated July 1, 2025, on Sub Lot 2, Part Lot 90, German Company Tract, 160 Samuel 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 M. Gambetti, seconded by M. Melo
Carried
That the application of HEATHWOOD HOMES (HURON LAND) LIMITED and KHODEZA KASHEM and S M SHAIFUL ULLAH requesting a minor variance to permit a minimum contiguous front yard landscaped area of 14.2sq.m. rather than the required 17sq.m.; and, to permit steps (made of a platform with construction on piers or helical piles) to be setback 0.3m from the easterly side yard rather than the required 0.5m to facilitate the conversion of a Single Detached Dwelling to a Duplex Dwelling, generally in accordance with drawings prepared by Shivang Tarika, dated May 2025, on Lot 78, Plan 58M-682, 66 Georgina 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 M. Gambetti, seconded by A. Brennan
Carried
That the application of 1535360 ONTARIO INC requesting a minor variance to Zoning By-law 85-1 to permit front steps with a height of 1.3m above finished grade rather than the maximum permitted height of 0.6m above finished grade to be located within 3m of the street line to facilitate the construction of front steps onto a new detached dwelling, generally in accordance with drawings prepared by Bobicon Ltd., dated July 30, 2025, on Lot 9, Part 2, Plan 666, 457 Maple Avenue, 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 A. Brennan, seconded by M. Gambetti
Carried
That the application of COSTCO WHOLESALE CANADA LTD requesting a minor variances to permit parking spaces to be located 2.6m from a street line rather than the minimum required 3m; to permit a parking maximum of 735 parking spaces rather than the maximum permitted 457 parking spaces; and, to permit a minimum landscaped area of 17% rather than the minimum required landscaped area of 20% to facilitate the demolition of an existing building on the site to be redeveloped with 68 new parking spaces for the Costco Retail Use, in accordance with Site Plan Application SP25/063/K, on Lot 7, Beasleys Broken Front, Part Lot 8, Plan 1725, 4438 King Street East and 65 Gateway Park 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 M. Melo, seconded by A. Brennan
Carried
That the application of BIKRAMJIT GILL and GURRATTAN GILL requesting minor variances to permit a front yard setback of 4.5m rather than the minimum required 6.5m; and, to permit a southerly exterior side yard setback of 2.5m rather than the minimum required 4.5m to facilitate the construction of a townhouse (Dwelling 1) in block of three (3) townhouse dwelling units, generally in accordance with drawings prepared by GRIT Surveying, dated August 8, 2025, on Part Lots 1 & 2, Plan 75, 180 Ahrens Street West, Kitchener, Ontario, BE REFUSED . It is the opinion of this Committee that: The variances requested in this application are not minor. This application is not 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 not 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 A. Brennan, seconded by M. Gambetti
Carried
That the application of BIKRAMJIT GILL and GURRATTAN GILL requesting minor variances to permit a front yard setback of 3.4m rather than the minimum required 16.5m; and, to permit a rear yard setback of 6.7m rather than the minimum required 7.5m to facilitate the construction of a townhouse (Dwelling 2) in block of three (3) townhouse dwelling units, generally in accordance with drawings prepared by GRIT Surveying, dated August 8, 2025 generally in accordance with drawings prepared by GRIT Surveying, dated August 8, 2025, on Part Lots 1 & 2, Plan 75, 180 Ahrens Street West, Kitchener, Ontario, BE REFUSED . It is the opinion of this Committee that: The variances requested in this application are not minor. This application is not 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 not 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 A. Brennan, seconded by M. Gambetti
Carried
That the application of BIKRAMJIT GILL and GURRATTAN GILL requesting minor variances to permit a front yard setback of 4.3m rather than the minimum required 16.5m; to permit an easterly side yard setback of 2m rather than the minimum required 2.5m; and, to permit a rear yard setback of 6.7m rather than the minimum required 7.5m to facilitate the construction of a townhouse (Dwelling 3) in block of three (3) townhouse dwelling units, generally in accordance with drawings prepared by GRIT Surveying, dated August 8, 2025, on Part Lots 1 & 2, Plan 75, 180 Ahrens Street West, Kitchener, Ontario, BE REFUSED . It is the opinion of this Committee that: The variances requested in this application are not minor. This application is not 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 not 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 .