The Kitchener Record

Committee of Adjustment

May 17, 2022

What was decided (10 motions)

10 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

That the application of KAITLIN JOANNA DONELLE and SCOTT DANIEL JOSEPH DONELLE requesting a minor variance to the Zoning By-law to allow for the construction of an attached garage to an existing single detached dwelling having a northerly side yard setback of 0.6m rather than the required 1.2m, generally in accordance with drawings prepared by Imagine, dated February 28, 2022, on Lot 110, Plan 651, 16 Brentwood Avenue, Kitchener, Ontario, BE APPROVED , subject to the following condition: That the variances to By-law 2022-040 will become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the final date of this decision. Further, should the regulations relating to the requested variance change prior to Zoning By-law 2022-040 coming into force, this variance shall be void. 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
Moved by M. Kidd, seconded by S. Hannah
Carried
That the application of DOUGLAS GEORGE BROOKS requesting a minor variance to the Zoning By-law to legalize an existing residential care facility on a lot having a width of 12m rather than the required 15m; to locate 2 parking spaces setback 0m from the front lot line rather than the required 6m; and, for 1 parking space to be 3.1m in length rather than the required 5.5m, on Part Lots 1 and 2, Plan 77, 11 Stirling Avenue North, 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. McColl
Carried
That the application of BRYCE CARLIN and THOMAS WAITES requesting a minor variance to the Zoning By-law to facilitate the conversion of the existing detached duplexed dwelling into a 3-unit multiple dwelling having a lot width of 10.1m rather than the required 15m; and, 0 parking spaces rather than the required 3 spaces, in accordance with Site Plan Application SP22/054/W/ES, on Part Lot 31, Sub Lot 2, German Company Tract, 118 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 S. Hannah, seconded by J. Meader
Carried
That the application of ERIN MICHELLE GRIESBAUM and RICHARD DOUGLAS GRIESBAUM requesting a minor variance to the Zoning By-law to allow for the demolition of the existing single detached dwelling and the construction of a semi-detached dwelling having a building height of 11.2m rather than the required 10.5m to fully utilize the third storey of the proposed building, generally in accordance with the elevations submitted with Minor Variance Application A 2022-049, on Lots 10 and 11, Plan 655, 441 & 443 East Avenue, Kitchener, Ontario, BE APPROVED , subject to the following condition: That the variances to By-law 2022-040 will become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the final date of this decision. Further, should the regulations relating to the requested variance change prior to Zoning By-law 2022-040 coming into force, this variance shall be void. 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 Committ
Moved by S. Hannah, seconded by M. Kidd
Carried
That the application of ERIN GRIESBAUM and RICHARD GRIESBAUM requesting a minor variance to the Zoning By-law to allow for the demolition of the existing single detached dwelling and the construction of a semi-detached dwelling having a building height of 11.2m rather than the required 10.5m to fully utilize the third storey of the proposed building, generally in accordance with the elevations submitted with Minor Variance Application A2022-050, on Lots 10 and Lot 11, Plan 655, 445 & 447 East Avenue, Kitchener, Ontario, BE APPROVED , subject to the following condition: That the variances to By-law 2022-040 will become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the final date of this decision. Further, should the regulations relating to the requested variance change prior to Zoning By-law 2022-040 coming into force, this variance shall be void. 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-
Moved by S. Hannah, seconded by M. Kidd
Carried
That the application of CRESCENT HAVEN HOMES INC (NITIN JAIN) requesting a minor variance to the Zoning By-law to allow for the construction of an additional block of townhouses as part of the development of stacked townhouse buildings with a total of 75-78 units currently under construction having an increased Floor Space Ration (FSR) of 0.75 rather than the maximum of 0.6; a westerly side yard setback of 1.2m rather than the required 2.5m to facilitate the conveyance of parkland to the City; and, a parking rate of 1.15 spaces/dwelling unit rather than the required 1.5 spaces/unit, in accordance with drawings prepared by MHBC Planning, dated March 29, 2022, on Block 29, Registered Plan 58M-630, 235 Chapel Hill Drive, Kitchener, Ontario, BE APPROVED , subject to the following condition: That the variances to By-law 2022-040 will become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the final date of this decision. Further, should the regulations relating to the requested variance change prior to Zoning By-law 2022-040 coming into force, this variance shall be void. 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 Zonin
Moved by S. Hannah, seconded by J. Meader
Carried
That the application of VO VIET PHUONG NGUYEN requesting a minor variance to the Zoning By-law to allow for the widening of an existing driveway in front of a townhouse dwelling having a parking space with a minimum length of 4.5m rather than the required 5.5m, on Part of Block 190, Registered Plan 58M-631, 30 Reistwood Drive, Kitchener, Ontario, BE APPROVED , subject to the following condition: That the variances to By-law 2022-040 will become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the final date of this decision. Further, should the regulations relating to the requested variance change prior to Zoning By-law 2022-040 coming into force, this variance shall be void. 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 J. Meader
Carried
That the application of NARESHKUMAR PATEL and PARU PATEL requesting a minor variance to the Zoning By-law to allow for the widening of an existing driveway of a duplexed detached dwelling having a driveway width of 7.8m rather than the maximum permitted 6.1m, generally in accordance with drawings prepared by the applicant and submitted in support of the application, on Part Block 7, Registered Plan 58M-504, being Part 14, Reference Plan 58R-19868, 68 Hollybrook Trail, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner shall ensure the driveway extension located to the left of the exterior wall of the attached garage be removed to the satisfaction of the City’s Director of Planning. That the property owner shall obtain a Residential Curb Cutting and Driveway Widening Permit from the City of Kitchener and permission from the Developer (Hallman Construction Limited) to the satisfaction of the City’s Director of Engineering, should the works be completed prior to the roadway being assumed by the City of Kitchener. That the variances to By-law 2022-040 will become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the final date of this decision. Further, should the regulations relating to the requested variance change prior to Zoning By-law 2022-040 coming into f
Moved by S. Hannah, seconded by M. Kidd
Carried
That the application of PHOENIX LEGACY HOLDINGS INC. (ELAINE LAU-BURKE) requesting a minor variance to the Zoning By-law to to allow all commercial units in the building to have a 0 parking space requirement, on Lot 46, Part Lots 47 and 93, Plan 375, being Part 1, Reference Plan 58R-21161, 60 Charles Street West, 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 J. Meader, seconded by M. Kidd
Carried
That the application of JASON CAMPBELL and TANYA HELENA YONG PING requesting permission to sever a parcel of land having a width of 7.5m, a depth of 21.1m and an area of 161sq.m., on Part Lot 6, Plan 401, 67-69 Ahrens Drive, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the 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 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 make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of
Moved by J. Meader, seconded by B. McColl
Carried

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