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Committee of Adjustment
June 20, 2023
What was decided (11 motions)
11 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That the application of AMALIA GEORGHIADES requesting a minor variance to the Zoning By-law to permit a driveway width of 18.3m rather than the maximum permitted 8.0m, to facilitate the retention of an existing driveway, generally in accordance with the plan prepared by MHBC Planning, dated May 26, 2023, on Part Lot 3, Plan 794, Part Lots 9 to 11, Plan 877; being Parts 1 to 4 on Reference Plan 58R-12830 and being Part 1 on Reference Plan 58R-19865, 84 Maple Hill Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the property owner shall complete all reconstruction work by June 9, 2024. Any request for a time extension must be approved in writing by the Manager of Development Review prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and 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 review the meeting minutes, which are available on the City’s website at www.kitchener.ca.
Moved by S. Hannah, seconded by D. Gundrum
Carried
That the application of A & F GREENFIELD HOMES LTD requesting a minor variance to the Zoning By-law to permit a lot width of 9.8m rather than the required 13.1m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property, generally in accordance with drawings prepared by J.D. Barnes, dated May 19, 2023, on Part Lots 402 & 403, Plan 230, Part Lot 19, Plan 786; being Part 1 on Reference Plan 58R-21653, 35 Belmont Avenue 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 D. Gundrum, seconded by B. McColl
Carried
That the application of DAVID STEWART MCCOWAN and KATHRYN LETITIA PEARCY KINNEAR requesting a minor variance to the Zoning By-law to permit a lot width of 12.3m rather than the required 13.1m, a northeasterly side yard setback of 0.45m rather than the required 0.6m; and, a building height of 5.0m rather than the permitted 4.5m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property, generally in accordance with drawings prepared by Ducon Contractors Ltd., dated May 2, 2023, on Lot 127, Plan 230, 82 South 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 D. Gundrum, seconded by S. Hannah
Carried
That the application of ACTIVA HOLDINGS INC (ALEX SUMNER) requesting a minor variance to Zoning By-law 85-1 to permit a building height of 15.0m rather than the permitted 10.5m, to facilitate the development of the property with 138 dwelling units having 6 townhouse dwellings, each containing 5 dwelling units and 2 townhouse dwellings, each containing 6 dwelling units, and 6 stacked townhouse blocks, in accordance with Site Plan Application SP23/006/F/AP, on Part Lot 2, Plan 1483, 1198 Fischer Hallman Road, 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 D. Gundrum
Carried
That the application of VENKATA SUNKARA requesting a minor variance to Zoning By-law 85-1 to permit an Additional Dwelling Unit (ADU) to be 87% of the building floor area of the principal dwelling, having an area of 111.1sq.m rather than the permitted 50% or 80sq.m, whichever is the less, to facilitate the conversion of an existing detached garage into an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property, generally in accordance with drawings prepared by RJ CAD Solutions, dated April 26, 2023, on Part Lot 3, Plan 128, 213 Mill 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 D. Gundrum
Carried
That the application of SCHLEGEL URBAN DEVELOPMENTS CORP requesting a minor variance to Zoning By-law 85-1 to facilitate the construction of a commercial development, being considered under Site Plan Application SP23/024/F/CD having 14% of the primary ground floor facade of ‘Building A’ containing display windows or entrances rather than the required 40%; 35% of the primary ground floor facade of ‘Building B’ containing display windows or entrances rather than the required 40%; 20% of the primary ground floor façade of Building 'D' containing display windows or entrances rather than the required 40%; and, 6% of the primary ground floor façade of Building 'F' containing windows or entrances rather than the required 40%. Minor variances are also requested to permit the buildings facing Huron Road to have 45.0m between display windows or doors rather than the permitted 4.0 m and, the buildings facing Fischer-Hallman Road to have 9.0m between display windows or doors rather than the permitted 4.0m; and, to permit 47% of the length of a Minimum Width of a Primary Ground Floor Façade abutting street lines rather than the required 50%, in accordance with Site Plan Application SP23/024/F/CD, on Part Lots 158 & 159, German Company Tract, 1950 Fischer Hallman Road, 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 int
Moved by D. Gundrum, seconded by S. Hannah
Carried
That the application of PAUL GASPARO RESTIVO and TAWNYA LYN RESTIVO requesting a minor variance to the Zoning By-law for a retained parcel of land identified in Consent Application B 2023-022, to permit one of three proposed parking spaces to be located within the exterior side yard of the existing triplex dwelling, 3.0m from the westerly street line, on Part Lots 65 & 66, Plan 254, 228 Connaught 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 D. Gundrum, seconded by B. McColl
Carried
That the application of PAUL GASPARO RESTIVO and TAWNYA LYN RESTIVO requesting a minor variance to the Zoning By-law for a severed parcel of land identified in Consent Application B 2023-022, to permit the construction of a single detached dwelling having a front yard setback of 4.5m rather than the required 7.25m, on Part Lots 65 & 66, Plan 254, 228 Connaught 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 D. Gundrum, seconded by B. McColl
Carried
That the application of ALICIA DAWN PEARL SABOURIN and IBRAHIM HUSSEIN ABOUZEID requesting a minor variance to the Zoning By-law for a retained parcel of land identified in Consent Application B 2023-023, to have a lot width of 12.0m rather than the required 13.7m, to facilitate the creation of a new lot, generally in accordance with drawings prepared by JD Barnes Ltd, dated February 10, 2023, on Part Lot 119, German Company Tract; being Part 3 on Reference Plan 58R-12065, 180 Zeller Drive, 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 D. Gundrum
Carried
That the application of ALICIA DAWN PEARL SABOURIN and IBRAHIM HUSSEIN ABOUZEID requesting a minor variance to the Zoning By-law for a severed parcel of land identified in Consent Application B 2023-023, to have a lot width of 12m rather than the required 13.7m, to facilitate the creation of a new lot, generally in accordance with drawings prepared by JD Barnes Ltd, dated February 10, 2023, on Part Lot 119, Germany Company Tract; being Part 3 on Reference Plan 58R-12065, 180 Zeller Drive, 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 D. Gundrum
Carried
That the application of ALICIA DAWN PEARL SABOURIN and IBRAHIM HUSSEIN ABOUZEID requesting a minor variance to the Zoning By-law for a severed parcel of land identified in Consent Application B 2023-024, to have a lot width of 12.2m rather than the required 13.7m; and, to permit an existing accessory building to have a lot coverage of 17% rather than the permitted 15%, to facilitate the creation of a new lot, generally in accordance with drawings prepared by JD Barnes Ltd, dated February 10, 2023, on Part Lot 119, German Company Tract; being Part 3 on Reference Plan 58R-12065, 180 Zeller 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.