Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 9, 2025
CASE NO(S).: OLT-25-00266
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Joachim Holdings Inc.
Subject: Minor Variance
Description: To permit reduction of parking spaces for planned 6-plex
Reference Number: A-02/25
Property Address: 318 Erb Street West
Municipality/UT: Waterloo/Waterloo
OLT Case No: OLT-25-000266
OLT Lead Case No: OLT-25-000266
OLT Case Name: Joachim Holdings Inc. v Waterloo (City)
BEFORE:
YASNA FAGANI MEMBER
Wednesday, the 9th day of July, 2025
Decision
THESE MATTERS, in respect of a minor variance application by Joachim Holdings Inc. (“Applicant”) concerning the lands at 318 Erb Street West in the City of Waterloo (“Subject Property”), having come for a video hearing on June 17, 2025, before the Ontario Land Tribunal (the “Tribunal”) to consider a proposed, uncontested settlement;
AND THE TRIBUNAL having received, reviewed, and considered the following central materials and submissions:
i. The Tribunal Notice of Hearing, dated April 29, 2025 (marked as Exhibit 1);
ii. The uncontested opinion evidence of Mr. Ryan Mounsey, Registered Professional Planner, as tendered orally as well as contained in his comprehensive affidavit, sworn June 6, 2025 (marked as Exhibit 2 with all exhibits attached thereto);
iii. Auto Turn Assessment Study by Paradigm Transportations Solutions Limited, dated February 20, 2025 (marked as Exhibit 3);
iv. Parking Analysis Study by Paradigm Transportation Solutions Limited, December 10, 2024 (marked as Exhibit 4);
v. and oral submissions of the representatives of the Parties;
AND THE TRIBUNAL having not received any Party or Participant Status Requests nor having anyone seeking Status appear at the hearing;
AND THE TRIBUNAL having understood that the affidavit evidence of Mr. Mounsey reflects amendments to the Minor Variance application before the Tribunal that were reached through the cooperative efforts of the Parties which contain conditions that Mr. Mounsey reviewed and agreed to;
AND THE TRIBUNAL having accepted the uncontroverted opinion evidence of Mr. Mounsey, as presented, and found that the minor variance described in the Orders below, individually and collectively, has satisfied the four tests outlined in s. 45 of the Planning Act (“Act”), and that the proposal has proper regard for matters of Provincial interest under s. 2 of the Act and is consistent with the Provincial Policy Statement, 2024;
THE TRIBUNAL ORDERS THAT:
The appeal is allowed and the minor variance to the Corporation of the City of Waterloo Zoning By-law No. 2018-50, which seeks relief from the minimum parking requirements of five residential parking spaces to the proposed three residential parking spaces and one accessible/visitor parking space, is authorized subject to the following conditions:
a. That all legal costs and disbursements incurred by the City of Waterloo with respect to this Committee of Adjustment application be borne by the applicant.
b. That a building permit be obtained and construction commenced prior to March 18, 2027.
c. That the registered owner of the property enter into a development agreement with the City of Waterloo, to be registered on title to the property, including, but not limited to, the following items:
i. That all rental and/or lease agreements clearly state that parking for tenants and their visitors may not be provided or available on this property.
ii. That parking for tenants and their visitors is prohibited on adjacent properties.
iii. Snow storage impeding access to or use of any on-site parking spaces, walkways or bicycle storage spaces is prohibited and any snow storage impeding access to or use of any on-site parking spaces, walkways, or bicycle storage spaces is to be trucked offsite.
iv. That the garbage and recycling storage area be provided along the easterly façade of the building.
v. That the parking demand for the site be administered and managed by the registered owner and/or their designate, acknowledging that parking on adjacent properties is prohibited.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN REGISTRAR
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.