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Committee of Adjustment
August 20, 2024
What was decided (12 motions)
9 carried, 3 recorded otherwise. Every motion below is printed as the minutes print it.
That the application of 1000213586 ONTARIO INC (KYLE FORD) requesting a minor variance to permit a parking rate of 0.64 parking spaces per unit (9 parking spaces) rather than the required parking rate of 1.0 parking space per unit (14 parking spaces) to facilitate the conversion of the existing 8 unit multiple dwelling to a 14 unit multiple dwelling in accordance with Conditionally Approved Site Plan Application SP24/009/H/ES, on Part Lot 24, Plan 384, 175 Hoffman 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 M. Gambetti, seconded by S. Hannah
Carried
That the application of 1000213586 ONTARIO INC (KYLE FORD) and SILINOR PROPERTIES INC requesting minor variances to Zoning By-laws 85-1 and 2019-051 to allow for no visual barriers along the north and west side of the parking lot, whereas the By-law requires a visual barrier where the parking lot is located; to permit a parking rate of 0.50 parking spaces per unit (6 parking spaces) rather than the required parking rate of 1.0 parking spaces per unit (12 parking spaces); having 1 visitor parking space rather than the required 2 visitor parking spaces, to facilitate the conversion of the existing 9 unit multiple dwelling to a 12 unit multiple dwelling in accordance with Conditionally Approved Site Plan Application SP24/048/S/AA, on Part Park Lots 270 & 494, Plan 375, 15 Strange 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 S. Hannah, seconded by M. Gambetti
Carried
That the application of MICHAEL PHILIP ORTH requesting minor variances to permit a front yard setback of 3m rather than the required 5.7m; and, to permit a covered front porch to be setback from the front lot line 2.4m rather than the required 3m to facilitate the construction of a 2-storey addition and porch in the front yard of an existing single detached dwelling, generally in accordance with drawings prepared by AK-architect, dated July 4, 2024, on Lot 29, Plan 146, 95 Brunswick 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. Santos
Carried
That the application of PARKSIDE TOWNS (PHASE 3) INC requesting a minor variance to permit a parking rate of 0.085 for visitor parking spaces (9 parking spaces) rather than the required 0.1 visitor parking spaces per unit (11 parking spaces) to facilitate the registration of the Plan of Condominium for a mixed-used condominium development, on Part Lot 3, Municipal Complied Plan 1021, Part Lot 3, Municipal Complied Plan 1026; being Part 1 on Reference Plan 58R-20771, 25 Palace 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 M. Gambetti, seconded by S. Hannah
Carried
That the application of PARKSIDE TOWNS (PHASE 2) INC requesting a minor variance to permit a parking rate of 0.085 parking for visitor parking spaces (8 parking spaces) rather than the required 0.1 visitor parking spaces per unit (10 parking spaces) to facilitate the registration of the Plan of Condominium for a mixed-used condominium development, on Part Lots 3 and 4, MCP 1021, Part Lot 1, MCP 1022 being Part 10, on Reference Plan 58R-20771, 40 Palace 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. Gambetti
Carried
That the application of MAXINE THERESE MURCHIE and STEVEN COSTA DESOUSA requesting a minor variance to permit a lot width of 10.4m rather than the required 10.5m to facilitate the construction of an Additional Dwelling Unit (ADU) in the rear yard of an existing duplex dwelling, generally in accordance with drawing and plans prepared by Quinn Dressel Associates, dated July 18, 2024, on Lot 122, Plan 1240, 67 Kimberly Crescent, Kitchener, Ontario, BE APPROVED : It is the opinion of this Committee that: The variances 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 B. Santos
Carried
That the application of DAVIES HOLDINGS INC and ESTATE OF GAIL IRENE SHEPPARD and JOHN AVERY SHEPPARD requesting minor variances to permit an easterly side yard setback for a parking lot of 0.39m rather than the required 1.5m; to permit parking spaces to be located 1.5m from the street line along Bruce Street, rather than the required 4.5m; to permit the minimum required parking spaces for a Multiple Residential Dwelling to be 0 rather than the required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a Health Clinic in a Mixed Zone to have 8 parking spaces (1 parking space per 24.5 sq.m. Gross Floor Area (GFA)) rather than the required 11 parking spaces (1 parking space per 19 sq.m. GFA); to permit a right (interior) side yard setback of 1.2m rather than the required 4m; and, to permit the minimum ground floor building height, for any building with a street line façade, of 3.66m rather than the required 4.5m, to facilitate the development of a 3-storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP24/033/F/BB, on Lot 31, Plan 357, 570 Frederick Street, Kitchener, Ontario, BE
Moved by M. Gambetti, seconded by B. Santos
Deferred
That the application of 1289193 ONTARIO INC requesting permission to grant an access easement on a newly proposed lot line, and further to access points on Tu-Lane Street and Gateway Park Drive having a width of 7.3m and an area of 1,266 sq.m generally in accordance with the severance sketch, prepared by MHBC Planning, dated May 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario, BE
Moved by M. Gambetti, seconded by S. Hannah
Deferred
That the application of 1289193 ONTARIO INC requesting permission to sever a parcel of land at the corner of King Street East and Gateway Park Drive having a width of 237m, a depth of 140m, and an area of 20,092sq.m., and to create an Easement over the ‘Severed Parcel’, in favour of the ‘Retained Parcel’ for access, generally in accordance with the severance sketch, prepared by MHBC Planning, dated March 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, 135 Gateway Park Drive, Kitchener, Ontario, BE
Moved by M. Gambetti, seconded by S. Hannah
Deferred
That the application of HIDAYATH HOLDINGS INC requesting permission to sever a triangular parcel of land in the easterly rear yard having a width of 58m and an area of 0.15 hectares to be conveyed as a lot addition to the property municipally addressed as 260 Shirley Avenue, on Part Lot 122, German Tract Company; being Part 1 on Reference Plan 58R-11313 and Part 2 on Reference Plan 58R-2885, except Part 1 on Reference Plan 58R-7920, 250 Shirley Avenue, 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 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
Moved by S. Hannah, seconded by B. Santos
Carried
That the application of VLADAN KNEZEVIC requesting minor variances for a severed land (Consent Application B 2024-022) to have a front yard setback of 3.3m rather than the required 4.8m; and, a rear yard setback of 3m rather than the required 7.5m to facilitate the construction of a new duplex dwelling on the parcel, generally in accordance with the Sketch Prepared for Consent Application B 2024-022, prepared by J.D. Barnes Ltd, dated April 11, 2024, and the Proposed Site Plan, prepared by Bobicon Ltd., dated June 21, 2024, on Lot 9, Plan 666, 1180 Union Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the property owner shall submit cross-section drawings showing the grading and relationship between the severed lot, adjacent properties, and Maple Avenue, to the satisfaction of the City’s Director of Development and Housing Approvals. The drawings shall illustrate all relevant proposed and existing features, including, but not limited to the proposed dwelling, adjacent existing dwellings, retaining walls, amenity areas/patios, and fencing. 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
Moved by B. Santos, seconded by M. Gambetti
Carried
That the application of VLADAN KNEZEVIC requesting minor variances for a retained land (Consent Application B 2024-022), to permit a corner lot width of 12.65m rather than the required 15m; to permit a westerly side yard setback where there is a driveway of 2.9m rather than the required 3m; to permit a side yard setback abutting Maple Avenue of 3.2m rather than the required 4.5m; and, to permit a rear yard setback of 2.8m rather than the required 7.5m generally in accordance with the Sketch Prepared for Consent Application B 2024-022, prepared by J.D. Barnes Ltd, dated April 11, 2024, and the Proposed Site Plan, prepared by Bobicon Ltd., dated June 21, 2024, to maintain the existing single detached dwelling municipally addressed as 1180 Union Street, on Lot 9, Plan 666, 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 .