The Kitchener Record

Committee of Adjustment

April 19, 2022

What was decided (6 motions)

5 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That the application of DAVID ROBINSON and KELLY NEUBER and LUKE ROBINSON requesting permission to sever a parcel of land having a width of 18.3m, a depth of 60m and an area of 1098 sq.m to be conveyed as a lot addition to the property municipally addressed as 136 Doon Valley Drive, on Part Lots 30 to 36, Plan 578, 114 Doon Valley Drive, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property to the satisfaction of the City’s Revenue Division. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. That the property owner shall ensure the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sec
Moved by S. Hannah, seconded by M. Kidd
Carried
That the application of LUIS PALACIOS and MARIA PALACIOS requesting permission to allow for an existing non-compliant accessory building (detached garage) to a single detached dwelling to be converted into a heated studio to support a home occupation having a westerly side yard setback of 0.2m rather than the required 0.6m; and, an easterly side yard setback of 0.4m rather than the required 0.75m to allow for the construction of exterior stairs to a proposed 2-storey addition at the rear of the existing dwelling, on Part Lot 32, Plan 384, 99 Kehl 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. Kidd, seconded by S. Hannah
Carried
That the application of SPAVEST INC. requesting permission to allow for a westerly side yard setback of 1.2m rather than the required 1.5m to support the conversion of a duplex dwelling into a 5-unit multiple dwelling building, generally in accordance with Site Plan Application SP21/096/H/ES, on Part Lot 70 and Subdivision of Lot 18, Germany Company Tract, 235 Heiman Street, 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 S. Hannah, seconded by B. McColl
Carried
That the application of 2564992 ONTARIO INC. (ERIK OLSEN) requesting permission to allow for the existing office building (234 Frederick Street) and triplex dwelling (240 Frederick Street) to be retained and the existing accessory building be demolished to permit the construction of a 4-storey, 32-unit apartment building located north of the residential building located at 240 Frederick Street and fronting onto Gordon Avenue having a rear yard setback of 5.2m rather than the required 7.5m; a building height of 14.2m rather than the required 12.2m; a parking rate of 1 spaces/residential unit (36 spaces, inclusive of visitor parking) rather than the required 1.25 spaces/unit (44 spaces); a parking rate of 1 spaces/65sq.m. of office space (7 spaces) rather than the required 1 spaces/33sq.m. (14 spaces); and, the shared use of up to 50% of the office parking stalls for visitor parking purposes, generally in accordance with Site Plan Application SP21/094/F/ES, on Block A, Plan 425, Part Lot 3, 234-240 Frederick 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
Moved by M. Kidd, seconded by D. Cybalski
Lost
That the application of KELLY DAWN SOMANI and SHAMIR SOMANI requesting permission to allow for the construction of a covered patio in the rear of a single detached dwelling having a rear yard setback of 5.9m rather than the required 7.5m, generally in accordance with drawings prepared by Steve Ryan, on Lot 22, Plan 1756, 71 Tradewinds Place, 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 S. Hannah, seconded by B. McColl
Carried
That the application of 3247 KING STREET EAST (KITCHENER) LIMITED (STEPHEN LITT) requesting permission to allow for the demolition of an existing single detached dwelling (108 Cameo Drive) and the construction of a 3-tower multi-residential development of 946 rental units with underground structured and surface parking fronting onto King Street East and Cameo Drive having a front yard setback of 4m on King Street East rather than the required 39m; an easterly side yard setback of 1.5m rather than the required 6m to a 2-level above-grade parking structure; a westerly side yard setback of 4.5m rather than the required 6m; a rear yard setback of 3m from Cameo Drive rather than the required 7.5m; a parking rate of 0.93 spaces/residential unit (880 spaces) rather than the required 1.5 spaces/unit (1419 spaces); a visitor parking ratio of 6% (85 spaces) rather than the required 20% (284 spaces) of parking spaces for multiple dwellings of more than 60 units; and, to permit a maximum of 488 units/ha rather than the required 100 units/ha, to facilitate the development generally in accordance with Site Plan Application SP21/107/K/ES, on Lot 17, Plan 986, 3241-3247 King Street East and 108 Cameo 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 Z
Moved by S. Hannah, seconded by B. McColl
Carried

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