Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 21, 2023 CASE NO/S.: OLT-23-000304
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Bojan Karanovic Subject: Minor Variance Description: To permit increase of width to a driveway for a semi-detached dwelling Reference Number: A 2023-024 Property Address: 271 Hartwood Avenue Municipality/UT: Kitchener/Waterloo OLT Case No.: OLT-23-000304 OLT Lead Case No.: OLT-23-000304 OLT Case Name: Karanovic v. Kitchener (City)
Heard: August 9, 2023 Video Hearing (2:00 PM)
APPEARANCES:
Parties Bojan Karanovic ("Appellant/Applicant") 271 Hartwood Ave.
City of Kitchener
Counsel/Representative* Bojan Karanovic* (Self-represented) Lesley Macdonald (in absentia)
DECISION DELIVERED BY STEVEN T. MASTORAS And ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1This matter is before the Tribunal as a Merit Hearing appeal pursuant to s. 45(12) of the Planning Act ("Act") to a minor variance decision by the City of Kitchener ("City") Committee of Adjustment ("COA") denying permission to widen a driveway for a semi-detached duplex/dwelling with an attached garage, increasing the existing driveway width at 271 Hartwood Avenue ("Subject Property").
2Specifically, Mr. Karanovic (the "Appellant") is seeking a variance to the Zoning By-law ("ZBL") to expand the driveway width to 5.2 m from the current width of 3.84 m following the recently completed built form. The Subject Property was one of two (2) identical properties that were established by consent to sever the parcel by the COA in September 2022, and the neighbouring parcel is the subject of a second identical appeal heard on the same day and with a separate Order.
3The Appellant is seeking the maximum driveway width of 5.2 m, whereas a maximum of 3.82 m is permitted under Section 5.4, Table 5-3 of Zoning By-law No. 2019-051. The properties are located within Appendix C – Central Neighbourhoods of Low Rise Residential Four Zone (RES-4) in Zoning By-law No. 2019-051, which also has a maximum permitted driveway width of 40 percent (40%) of the lot width.
4The Notice of Hearing was properly circulated by the Tribunal on June 22, 2023 and is marked as Exhibit 1.
5Counsel for the City, Ms. Lesley MacDonald, appeared at the 10:00 a.m. related Hearing to advise the Tribunal that the City would not be appearing at either Hearing. It was noted that the Municipal Record on file with the Tribunal is marked as Exhibit 2, and the email submissions and attachments of the Appellant, received June 26, 2023, were marked as Exhibit 3. The Hearing proceeded as uncontested, although Exhibit 2 contains the City's Planning Staff Report ("PSR") detailing its position opposed to the variance.
LEGISLATIVE FRAMEWORK
6As this is a Hearing de novo [s. 45(1)](https://www.canlii.org/en/on/laws/stat/rso-