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Committee of Adjustment
March 18, 2025
What was decided (11 motions)
11 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That the regular minutes of the Committee of Adjustment meeting held February 18, 2025, as circulated to the members, be accepted."
Moved by M. Gambetti, seconded by B. McColl "
Carried
That the application of MARLENE SMALL and RYAN ANDREW SMALL requesting minor variances to permit a deck greater than 0.6m in height to be setback 2.5m from the rear lot line rather than the minimum required 4m; and, to permit the deck to be located 0.5m from the property line rather than the required 2.5m to facilitate the reconstruction of an existing deck on a townhouse dwelling unit, on Lot 183, Registered Plan 58M-541, 51 Meadowridge 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. Gambettti, seconded by M. Melo
Carried
That the application of TREVEX DEVELOPMENTS INC requesting minor variances to Zoning By-law 85-1 to permit a parking space to be located in the Corner Visibility Triangle (CVT) whereas the Zoning By-law does not permit parking spaces in the CVT; and, to permit a driveway to be located 7.4m from the intersection of street lines rather than the minimum required 9.0m to facilitate the development of a 1.1m unobstructed walkway to a dwelling unit in the existing building, generally in accordance with the Proposed Site Plan , prepared by Bobicon Ltd., dated January 12, 2025, as modified, and as attached to Development Services Department Report DSD-2025-112, on Lot 9, Plan 666; being Part Lot 1 on Reference Plan 58R-22203, 1180 Union 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. Melo, seconded by M. Gambetti
Carried
That the application of APRIL DRAUS and CHRISTOPHER DRAUS requesting a minor variance to Zoning By-law 85-1 to permit an accessory structure to be located in the Driveway Visibility Triangle (DVT) whereas the Zoning By-law does not permit any obstructions in the DVT; and, minor variances to Zoning By-law 85-1 and 2019-051 to permit an accessory structure to have a lot coverage of 17.4% rather than the maximum permitted 15% to facilitate the construction of a new accessory building in the rear yard of the subject property, generally in accordance with drawings submitted with Minor Variance Application A 2025-018, on Part Lots 43 and 44, Plan 376, 60 Wellington Street 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 A. Brennan, seconded by M. Gambetti
Carried
That the application of DANIEL POP and JESSICA POP requesting minor variances to Zoning By-law 85-1 to permit a visitor parking rate of 10% (1 Visitor parking space) rather than the required visitor parking rate of 20% (2 Visitor parking spaces); and, to permit a side yard setback of 1.5m rather than the minimum required 2.5m; and, a Floor Space Ratio (FSR) of 1.58 rather than the maximum permitted 0.6 to facilitate the development of a multiple residential building having 10 dwelling units, generally in accordance with drawings prepared by Marius Ardelean Designer, dated February 18, 2025, on Part Lot 10, Plan 395, 114 Madison Avenue South, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner shall provide confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. If the demand cannot be supported, the property owner shall make an application through the Off-Site works process, to the satisfaction of the Director of Engineering Services. That the property owner shall make an application for a Site Alteration Permit, to the satisfaction of the Director of Engineering Services, prior to an application for a Building Permit being received. That the property owner shall acknowledge that any new driveways or widenings to existing driveways are to be built to City of Kitchener standards and tha
Moved by M. Melo, seconded by M. Gambetti
Carried
That the application of JD (PALACE STREET) INC requesting minor variances to permit a Bicycle Parking Stall to have a width of 0.45m rather than the minimum required 0.6m; and, to permit a bicycle parking overhead clearance of 1.2m rather than minimum required 2.1m to facilitate the development of a bike storage area within an 8-storey residential building in accordance with the conditionally approved Site Plan Application SP24/081/P/AA, on Part Lot 3, Plan 1021, Part Lot 3, Plan 1026, being parts 4 to 7 on Reference Plan 58R-18985, 15 Palace Street, Kitchener, Ontario, BE APPROVED , subject to the following condition: That the property owner shall obtain approval from the City’s Director of Transportation Services for the final vendor/design of the bicycle parking racks to confirm their functionality. 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. Melo, seconded by A. Brennan
Carried
That the application of 2506781 ONTARIO INC and SCHLEGEL URBAN DEVELOPMENTS CORP requesting minor variances to Zoning By-law 85-1 to permit 52 parking spaces rather than the required 53 parking spaces; to permit 6 Visitor parking spaces rather than the required 8 parking spaces; to permit parking spaces to be located between the façade and front lot line; and, to permit a Floor Space Ratio (FSR) of 0.55 rather than the minimum required 0.6; and, minor variances to Zoning By-law 2029-051 to permit parking in the front and exterior side yard whereas the Zoning By-law does not permit parking in these yards; to permit 32 Class A Bicycle parking spaces rather than the minimum required 36; to permit 61 parking spaces rather than the minimum required 72; to permit 6 Visitor parking spaces rather than the required 11; to permit 0 Electric Vehicle ready parking spaces rather than the required 17; to permit a multiple dwelling to have a FSR of 1.0 rather than the maximum permitted 0.75; and, to permit a maximum Building Height of 12m rather than the maximum permitted 11.5m to facilitate the development of a multiple residential development having 102 dwelling units in accordance with Site Plan Application SP24/094/F/EW, on Block 1, Registered Plan 58M-725, 25 Haldimand 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. Th
Moved by M. Gambetti, seconded by M. Melo
Carried
That the application of BHAVNITA VERMA and MUKUL VERMA requesting a minor variance to permit an Additional Dwelling Unit (Detached) to have a building footprint of 93.8sq.m. rather than the maximum permitted 80sq.m. to facilitate the addition of an Additional Dwelling Unit (Detached) to an existing Additional Dwelling Unit (Detached) in the rear yard for a total of 4 dwelling units on the subject property, generally in accordance with drawings prepared by Arcadia Home Design Ltd., dated January 31, 2025, on Lot 78, Plan 849, 140 Byron Avenue, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner shall provide confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. If the demand cannot be supported, the property owner shall make an Application through the Off-Site Works Process, to the satisfaction of the Director of Engineering Services. That the property owner shall acknowledge that any new driveways or widenings to existing driveways are to be built to City of Kitchener standards and that the property owner confirms, to the satisfaction of the Director of Engineering Services, if an application for a Curb Cutting/Driveway Widening Permit is required prior to an application for a Building Permit being received. It is the opinion of this Committee that: The variance
Moved by M. Gambetti, seconded by B. McColl
Carried
That the application of CAMERON CLEMENTS requesting minor variances to permit an accessory structure to have a building height to the underside of the fascia of 4m rather than the maximum permitted 3m having a lot coverage of 18% rather than the maximum permitted 15%, to facilitate the construction of a new accessory building and Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by KS Consulting & Design, dated January 30, 2025, on Part Lots 25 and 26, Plan 25, 507 Stirling Avenue South, Kitchener, Ontario, BE APPROVED subject to the following conditions: That the property owner shall provide confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. If the demand cannot be supported, the property owner shall make an Application through the Off-Site Works Process, to the satisfaction of the Director of Engineering Services. That the property owner shall acknowledge that any new driveways or widenings to existing driveways are to be built to City of Kitchener standards and that the property owner shall confirm, to the satisfaction of the Director of Engineering Services, if an application for a Curb Cutting/Driveway Widening Permit is required prior to an application for a Building Permit being received. That the property owner shall: Prepare a Tree Pre
Moved by M. Gambetti, seconded by M. Melo
Carried
That the application of 2707068 ONTARIO INC requesting minor variances to permit 2 parking spaces for a Semi-Detached Dwelling with 2 Additional Dwelling Units (ADU) (Attached) rather than the required 3 parking spaces; to permit a front yard setback of 4.6m rather than the required 7.8m based on the established front yard setbacks of adjacent dwellings; and, to permit a rear yard setback of 3m rather than 7.5m to facilitate the construction of a new Semi-Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached), generally in accordance with drawings prepared by Chris Fernandes Design Corp., dated August 16, 2024, on Part Lots 105, 106, and 107, being Part 1 on Reference Plan 58R-1130, 93-95 Kinzie Avenue, 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 250 FREDERICK INC requesting minor variances to Zoning By-law 85-1 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 an additional 4 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 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 .