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Committee of Adjustment
September 20, 2022
What was decided (4 motions)
4 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That the application of 2506781 ONTARIO INC requesting minor variances to Zoning By-law 85-1 to construct a 108-unit staked townhouse development in seven buildings having a parking rate of 1.1 spaces per dwelling unit (120 parking spaces) rather than the required 1.5 parking spaces per dwelling unit (162 parking spaces); and, to permit 10% (12 parking spaces) of the off-street parking spaces to be allocated to Visitor Parking rather than the required 20% (32 parking spaces), and minor variances to Zoning By-law 2019-051 to permit southerly side yard setback of 1.8m rather than the required 2.5m; a rear yard setback of 5.5m rather than the required 7m, in accordance with Site Plan Application SP22/061/T/LT, on Block 193, Registered Plan 58M-682, 175 Tartan Avenue, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall 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. 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
Moved by S. Hannah, seconded by M. Kidd
Carried
That the application of JACQUELINE LORRAINE FLITTON and ROBERT MATTHEW SINCLAIR requesting minor variances to By-law 85-1 and By-law No. 2019-051 to permit the required off-street parking on a single detached dwelling to be located 1.7m from the street line rather than the required minimum 6m to facilitate the conversion of the attached garage into a living space, on Lot 316, Registered Plan 1369, 23 Bosworth Crescent, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall 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. 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 GURVINDER NANRA and JASKINDER NANRA requesting minor variances to By-law 85-1 and By-law No. 2019-051 to permit a driveway to be located 0.78m from the intersection of Williamsburg Road and Pinedale Drive rather than the required 9m; and, a minor variance from Zoning By-Law 2019-051 to permit a driveway to be located 0.78m from the intersection of the front lot line and exterior lot line rather than the required 7m; and, to permit vehicles in a Driveway Visibility Triangle (DVT) whereas the By-law does not permit obstructions above 0.9m in height in the DVT, on Lot 1, Registered Plan 1240, 131 Pinedale Drive, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner removes the hedge by December 1, 2022, to the satisfaction of the Director of Planning. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. That the property owner make an application for a Curb Cut Permit, in accordance with Minor Variance Application A 2022-111, to the satisfaction of the Director of Planning, or designate. The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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
Moved by S. Hannah, seconded by B. McColl
Carried
That the application of FIRST ARDELT HOLDINGS LIMITED requesting permission to modify Conditions 3 through 6 and Condition 8 of Provisional Consent decision B 2021-026 granted by the Committee of Adjustment on May 18, 2021 for those conditions to be dealt with in a future site plan approval process, on Part Lots 17 & 18, Registered Plan 791, Part Lot 1, Registered Plan 1023, Part Lot 1, Reference Plan 58R-9192, Part Lots 1 & 2, Reference Plan 58R-3800, 41 Ardelt Place, 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 owner shall receive site plan approval to acknowledge the existing parking and site conditions for the retained and severed lands to the satisfaction of the Manager of Site Development and Customer Service . That the owner shall submit the Consent Application Review Fee of $350.00 to the Region of Waterloo. That the property owner shall enter into an agreeme