The Kitchener Record

Committee of Adjustment

July 16, 2024

What was decided (6 motions)

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

That the application of 250 FREDERICK INC requesting minor variances to permit a parking requirement of 117 parking spaces rather than the minimum required 140 parking spaces, and 8 visitor parking spaces rather than the required 28 spaces; to facilitate the development of 4 additional dwelling units to an existing multiple dwelling having 108 units, for a total of 112 units, generally in accordance with Site Plan Application SP24/032/F/SRM, on Part Lots 1 and 2, Plan 429, 250 Frederick Street, 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 M. Gambetti, seconded by B. Santos
Lost
That the application of ZENG YU CUI requesting minor variances to permit parking spaces to be located within the front yard, whereas the Zoning By-law does not permit parking spaces in the front yard; to permit a northerly side yard setback of 2.5m rather than the minimum required 3m; a rear yard setback of 5.5m rather than the minimum required 7.5m; and, a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6 to facilitate the development of two stacked townhouse buildings, consisting of 44 dwelling units in total (22 units per building), in accordance with conditionally approved Site Plan Application SP23/085/W/AP, on Part Lots 59 & 60, German Company Tract; being Parts 1 & 6 on Reference Plan 58R-21326, 124 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 B. Santos, seconded by M. Gambetti
Carried
That the application of 71 KINGSBURY INC requesting minor variances to permit a minimum parking requirement of 46 parking spaces (1 parking space per 59 sq. m Gross Floor Area (GFA)) rather than the minimum required 68 parking spaces (1 space for 40 sq. m GFA); and, to permit a minimum landscaped area of 17% rather than the minimum required 20%, to facilitate the redevelopment of the site with a 'Commercial School' providing on-site hockey instruction in accordance with conditionally approved Site Plan Application SP24/016K/CD, on Lot 9, Plan 958; Lot 19, Plan 961, 71 Kingsbury 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. Gambetti, seconded by B. McColl
Carried
That the application of SCHLEGEL URBAN DEVELOPMENTS CORP requesting permission to sever a parcel of land having a width of approximately 40m on Westmount Road, a depth of approximately 4.2m, and an area of approximately 60 sq.m. to convey as a lot addition to 525 Erinbrook Drive subject to Site Plan Application SP23/019/E/TS, on Block 1, Plan 58M-234, 1188 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property. 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 Site Plan Application SP23/019/E/TS for 525 Erinbrook Drive, be amended to incorporate the proposed lot addition to 525 Erinbrook Drive, to the satisfaction of the Director of Development and Housing Approvals. That the property owner’s solicitor shall confirm the existence and trans
Moved by M. Gambetti, seconded by B. Santos
Carried
That the application of WOODHOUSE INVESTMENTS INC (JOE WOODHOUSE) requesting permission to sever a parcel of land having a width of 11m, a depth of 19.3m and an area of 210 sq. m. to convey as a lot addition to the rear yard of 509 Park Street, on Part Lot 285, Plan 385, 82 York Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property. 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 make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. That 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 com
Moved by B. Santos, seconded by M. Gambetti
Carried
That the application of HECTOR LOPEZ and LAURA LOPEZ requesting minor variances for the retained land of the proposed severed parcel of land (Consent Application B 2024-016) to legalize the existing driveway having a width of 16m rather than the maximum permitted width of 11.6m (width of the attached garage) and, to permit the driveway to be setback 0m from the southerly property line rather than the minimum required 1.9m, generally in accordance with the drawing submitted with Minor Variance Application A2024-057, on Part Lot 60, German Company Tract, 176 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 B. McColl
Carried

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