The Kitchener Record

Committee of Adjustment

February 15, 2022

Declared interests

None B. McCollwith this application due to their daughter's association with the project

What was decided (8 motions)

5 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.

That the application of THOMAS MIRMOTAHARI requesting permission to convert an existing detached garage in the rear yard of an existing single detached dwelling into an Accessory Dwelling Unit, on a lot having a width of 12.19m rather than the minimum required 13.1m; and, a northerly side yard setback of 1.03m for the principle dwelling rather than the minimum required 1.2m, on Lot 9, Plan 144, 86 Chestnut Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the property owner shall remove the two windows from the southerly side of the detached garage to the satisfaction of the City’s Director of Planning. 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 M. Kidd
Carried
That the application of A. Josic requesting permission to convert an existing single detached dwelling into a duplex having the 2 required off-street parking located 0m from the front lot line rather than the required setback of 6m, BE
Moved by S. Hannah, seconded by B. McColl
Deferred
That the application of DUANE HOULE requesting minor variances to the Zoning By-law to legalize an existing 4-unit multi-residential dwelling having 3 off-street parking spaces (0.75 spaces/per unit) rather than the required 4 off-street parking spaces (1.0 spaces/per unit); a driveway setback of 8.2m from the corner of Maurice Street and Sydney Street South rather than the required 9m; a lot width of 12.15m rather than the required 15m; parking to be located in a side yard abutting a street 0m from a street line rather than 3m; a side yard abutting a street having a setback of 1.8m rather than 3m; and, a deck greater than 0.6m in height having a side yard setback of 0.4m rather than the required 3m, on Lot 62, Plan 262, Part Lot 161, Streets and Lanes, 43 Maurice 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 Jyothi Dutta and Sriram Bandaru, requesting permission to construct raised steps in the southerly side yard of an existing single detached dwelling having a side yard setback of 0.15m rather than the required 0.75m to support the conversion of the dwelling into a duplex with a separate entrance for the basement unit, BE
Moved by S. Hannah, seconded by B. McColl
Deferred
That the application of DONALD SHELTON and WENDY WEINBERG requesting permission to construct an addition in the rear yard of an existing single detached dwelling to havinga westerly side yard setback of 0.6m rather than the required 1.2m, on Lot 17, Registered Plan 158, 25 Brock 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 M. Kidd
Carried
That the application of REGION OF WATERLOO requesting permission construct a wellhouse facility having a westerly side yard setback of 0.77m and an easterly side yard setback of 1.15m rather than the required 7.5m; and, a rear yard setback of 2.38m rather than the required 7.5m., on Registered Plan 58M-224, Part Lot 46, 1768 Ottawa Street 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 M. Kidd, seconded by B. McColl
Carried
That the application of 86 CEDAR SOUTH LTD and DD ACQUISITION PARTNERSHIP requesting permission to convert the existing interior space on the ground floor into an additional dwelling unit within a multi-residential dwelling unit (80 units total) having 10 visitor parking spaces rather than the required 20 spaces; 86 parking spaces rather than the required 98 spaces for 80 dwelling units (2 units with a Gross Floor Area of 51 sq.m. or less); a landscaped area of 17.8% rather than the minimum 20%; and, ground floor dwelling units without an exclusive use patio area, on Plan 390, Part Lot 13, PLAN 393, Part Lot 49, Plan 382, Part Lot 25, 86 Cedar Street 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 S. Hannah, seconded by B. McColl
Carried
That the application of 2308559 ONTARIO LIMITED requesting permission to sever a parcel of land with an approximate width ranging between 9.6m and 12.0m, a depth of 48.1m, and an area of 567.5s.q.m., to be conveyed as a lot addition to the property municipally addressed as 30 Breithaupt Street; and further, to grant a partial discharge on the severed land, on Registered Plan 376, Part Lot 135, 20 Breithaupt Street, 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 that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 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 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 shall enter into an Agreement with The Corporation of the City of Kitchener, to be prepared by the City Solicitor, to t
Moved by S. Hannah, seconded by B. McColl Submission No. B 2022-012
Lost

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