HomeMy WebLinkAboutCA Agenda - 2023-04-18Committee of Adjustment
Agenda
Tuesday, April 18, 2023, 10:00 a.m. - 12:00 p.m.
Council Chambers
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
(Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended,
and Ontario Regulations 197/96 and 200/96, as amended)
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council
Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on TUESDAY, APRIL 18, 2023,
commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance
and/or Consent.
Applicants or Agents must attend in support of the application. This is a public meeting, anyone
having an interest in any of these applications may make oral submission at the meeting or provide a
written submission for Committee consideration. Please note this is a public meeting and will be
livestreamed and archived at www.kitchener.ca/watchnow
The complete agenda, including staff reports will be available online the Friday prior to the week of
the meeting date.
Pages
1. COMMENCEMENT
2. MINUTES
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
Members of Council and members of the City's local boards/committees are
required to file a written statement when they have a conflict of interest. If a
conflict is declared please visit www.kitchener.ca/conflict to submit your written
form.
4. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT
TO THE PLANNING ACT
5. UNFINISHED BUSINESS
5.1 A 2023-032 - 22 Hebei Place, DSD -2023-102 6
Requesting a minor variance to the Zoning By-law to permit a required
parking space to be located 0.5m from the street (property) line rather
than the required 6.0m, to facilitate the conversion of the existing semi-
detached dwelling into a semi-detached duplex dwelling.
6. NEW BUSINESS
6.1
A 2023-040 — 245 Wellington Street North, DSD -2023-141
24
Requesting a minor variance to the Zoning By-law to permit a side yard
setback of 2.Om rather than the required 3.0m, to facilitate the conversion
of an existing single detached dwelling into a multiple dwelling having 4
dwelling units.
6.2
A 2023-041 — 45 Bond Street, DSD -2023-147
41
Requesting a minor variance to the Zoning By-law to permit the
construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear
yard of an existing duplex on a lot having an area of 381sq.m rather than
the required 395sq.m, a lot width of 12.5m rather than the required
13.1m; having 2 parking spaces rather than the required 3 parking
spaces for a duplex and ADU (Detached); having the required parking
space located Om from the street line rather than the required 6.0m; and,
having a driveway width of 41.6% rather than the maximum 40%.
6.3
A 2023-042 —100 Monteagle Crescent, DSD -2023-177
54
Requesting a minor variance to the Zoning By-law to permit a driveway of
a semi-detached dwelling to be 56% of lot width (5.2m) rather than the
maximum permitted 50% of the lot width (4.5m) or 5.2m, whichever is the
lesser; and, to permit a driveway to be setback Om from the northerly
side lot line rather than the required of 1.0 m, to facilitate 2 parking
spaces side by side.
6.4
A 2023-043 — 300 Countrystone Crescent, DSD -2023-149
66
Requesting a minor variance to the Zoning By-law to permit the
construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear
yard of an existing detaching dwelling on a lot having an area of
383.6sq.m rather than the required 395sq.m, a lot width of 10.9m rather
than the required 13.1 m; and, to permit 2 parking spaces rather than the
required 3 parking spaces.
6.5
A 2023-044 — 230 Black Walnut Place, DSD -2023-179
76
Requesting a minor variance to the Zoning By-law to permit a Catering
Service Establishment in a single detached dwelling with an Additional
Dwelling Unit (Attached) whereas the Zoning By-law only permits the
proposed Home Occupation in a Single Detached Dwelling.
Page 2 of 278
6.6 A 2023-045 —125 Hickson Drive, DSD -2023-144 87
Requesting a minor variance to the Zoning By-law to permit a required
parking space to be 5.Om from the street (property) line rather than the
required 6.0m, to facilitate the conversion of a loft and attached garage
into an Additional Dwelling Unit (ADU) (Attached).
6.7 A 2023-046 — 74 Camaby Crescent, DSD -2023-178 98
Requesting a minor variance to the Zoning By-law to permit the
construction of a garage addition with a second floor dwelling unit, in the
rear yard of an existing triplex, having an easterly side yard setback of
0.9m rather than the required 3.0m; a deck on the rear of the addition to
have an easterly side yard setback of 0.9m rather than the required
3.0m; and, a Floor Space Ratio (FSR) of 0.72 rather than the permitted
0.6.
6.8 A 2023-047 — 744 King Street East, DSD -2023-162 112
Requesting a minor variance to the Zoning By-law to facilitate the
development of the subject property into an 8 -storey mixed use building
having 37 dwelling units and one commercial unit, on a lot having a width
of 12.2m rather than the required 15.0m; a rear yard setback of 5.5m
rather than the required 7.5m; a building height of 25.7m rather than the
permitted 19.5m; having a dwelling unit on the ground floor, behind the
active commercial use on King Street; zero (0) parking spaces for both
residential and commercial uses; and, to permit an obstruction in the
Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT)
whereas the By-law does not permit obstructions into the CVT or DVT.
6.9 A 2023-048 —1200 Fischer Hallman Road, DSD -2023-184 129
Requesting a minor variance to the Zoning By-law to permit 285 parking
spaces (0.9 parking spaces per dwelling unit) rather than the minimum
313 parking spaces (1.0 parking per dwelling unit), to facilitate the
construction of a 34 -storey mixed use building having 313 dwelling units.
6.10 A 2023-049 — 37 Manitou Drive , DSD -2023-180 142
Requesting a minor variance to the Zoning By-law to permit an easterly
side yard setback of 0.8m rather than the required 1.5m; and, permission
for a legal non -conforming lot in the 'EMP -2' zone to be used for a
Tradesman or Contractor's establishment.
6.11 A 2023-050 — 92 Arnold Street, DSD -2023-148 154
Requesting a minor variance to the Zoning By-law to permit a front yard
setback of 3.Om rather than the required 6.5m, to facilitate the enclosure
of an existing front porch into a mud room.
Page 3 of 278
6.12 A 2023-051 —110 Clark Avenue, DSD -2023-146 165
Requesting a minor variance to the Zoning By-law to permit a front yard
setback of 5.5m rather than the required 9.5m, to facilitate the
construction of a 1 -storey addition, having an area of 13.Osq.m at the
front of the existing single detached dwelling.
6.13 A 2023-052 — 306 Wellington Street North, DSD -2023-165 181
Requesting a minor variance to the Zoning By-law to permit a lot having
a width of 15.9m rather than the required 19m, a maximum floor space
ratio of 0.72 rather than the required 0.6, and minimum landscaping of
15.8% rather than the required 20%, to facilitate the construction of a 3 -
storey addition containing 4 -residential units in the rear yard of an
existing duplex.
6.14 B 2023-016 — 73 Second Avenue, DSD -2023-185 196
Requesting consent to sever a parcel of land having a width of 10.1m
along Second Avenue, a depth of 40.2m, and an area of 404.7sq.m. The
land to be retained will have a width of 10.1m along Second Avenue, a
depth of 40.2m and an area of 404.7sq.m. Each parcel is intended to be
constructed with a detached duplex dwelling.
6.15 B 2023-017 — 23 & 25 Elmsdale Drive, DSD -2023-140 219
Requesting consent to sever a parcel of land having a width of 10.5m
along Elmsdale Avenue, a depth of 35.1m, and an area of 325sq.m. The
land to be retained will have a width of 10.5m along Elmsdale Avenue, a
depth of 35.1m and an area of 315sq.m.
6.16 B 2023-018 — 299 Ottawa Street North, DSD -2023-176 239
Requesting consent to sever a parcel of land having a width of 10.8m
along Ottawa Street North, a depth of 43.7m and an area of 472sq.m.
The land to be retained will have a width of 10.8m along Ottawa Street
North, a depth of 44.5m and an area of 481sq.m. Each parcel is intended
to be constructed with a detached dwelling.
7. ADJOURNMENT
Page 4 of 278
8. PLANNING ACT INFORMATION
• Additional information is available at the Legislated Services
Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-
741-2203).
• Copies of written submissions/public agencies' comments are available
the Friday afternoon prior to the meeting on the City of Kitchener
website www.kitchener.ca in the online Council and Committee
calendar; see the meeting date for more details.
• Anyone having an interest in any of these applications may attend this
meeting.
• Only the Applicant, Minister, specified person (as defined in Section 1 of
the Planning Act) or public body that has an interest in the matter has
the right to appeal of decisions of the Committee of Adjustment. These
parties must make written submissions to the Committee prior to the
Committee granting or refusing Provisional Consent otherwise, the
Ontario Land Tribunal (OLT) may dismiss the appeal.
• Any personal information received in relation to this meeting is collected
under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13,
and will be used by the City of Kitchener to process Committee of
Adjustment applications. Questions about the collection of information
should be directed to Marilyn Mills at marilyn.mills kitchener.ca.
• If you wish to be notified of a decision, you must make a written request
to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200
King St. W., Kitchener ON, N2G 4G7.
The Notice of Hearing for this meeting was published in the Record on the 31st
day of March, 2023.
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
Page 5 of 278
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 21, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Kieran Luckhai, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: March 8, 2023
REPORT NO.: DSD -2023-102
SUBJECT: Minor Variance Application A2023-032 - 22 Hebei Place
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2023-032 for 22 Hebei Place requesting relief from Section
6.1.1.1 b) i) of Zoning By-law 85-1, to permit the required parking space to be located 0.5
metres from the street (property) line instead of the minimum required 6 metres, in
accordance with drawing submitted with Minor Variance Application A2023-032, BE
APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application requesting relief from Section
6.1.1.1 b) i) of Zoning By-law 85-1 to permit the required parking space to be located 0.5 metres
from the street (property) line instead of the minimum required 6 metres to facilitate the
conversion of the existing semi-detached dwelling unit into a semi-detached duplex unit.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Hebei Place, within the Cedar Hill neighbourhood.
The surrounding context of the subject property is primarily composed of low rise and low density
multiple residential uses.
The subject property is identified as a `Major Transit Station Area' on Map 2 — Urban Structure and
is designated `Low Rise Conservation' on Map 11 — Cedar Hill Land Use in the Cedar Hill Secondary
Plan in the City's 1994 Official Plan.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 6 of 278
The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1
The purpose of the application is to permit the required parking space to be located 0.5 metres from
the street (property) line instead of the minimum required 6 metres to facilitate the conversion of the
existing semi-detached dwelling unit into a semi-detached duplex unit. The current attached garage
is proposed to be converted into living space.
City Planning staff conducted a site inspection on March 3, 2023.
Figure 1: Location Map: 22 Hebei Place
Figure 2: Front view of 22 Hebei Place
Page 7 of 278
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject lands are identified as `Major Transit Station Area' on Map 2 — Urban Structure and
designated `Low Rise Conservation' on Map 11 — Cedar Hill Neighbourhood Plan for Land Use, as
located in a Secondary Plan in the City's 1994 Official Plan. This land use designation permits a low
density housing types including single detached dwellings, duplex dwellings, semi-detached
dwellings, multiple dwellings to a maximum of three units, small lodging houses, small residential
care facilities, home businesses and private home day care. The requested variance to reduce the
location of the required parking space is appropriate and continues to maintain the low-density character
of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built
form options. The proposed variance meets the general intent of the Official Plan.
General Intent of the Zoning BV -law
The intent of the 6 metre setback from the street line for the first required off-street parking space in
Zoning By-law 85-1 is to ensure that a vehicle can be safely parked without impacting City and public
right-of-ways, or access for the surrounding properties. The required setback also ensures clear
visibility lines when exiting the driveway and allows enough space for a second legal parking space
behind the first required space. Without a legal conforming parking space in the garage, the property
will still be able to function appropriately and accommodate up to two (2) parking spaces, side by
side, on site. Staff are of the opinion that the requested variance to allow the required parking space
at 0.5 metres from the street property) line instead of the required 6 metres meets the general intent
of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variance is considered minor as the required off-street parking spaces can be
accommodated with the existing driveway, setback 0.5 metres from the street line, in a safe manner.
The property will be able to provide two (2) parking spaces in parallel. There are no anticipated
impacts to the pedestrian right-of-way, the parking requirements, or neighbouring properties. Staff
are of the opinion that the requested variance is minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Planning staff is of the opinion that the proposed variance is desirable and appropriate as it will
support gentle intensification and create additional housing on the subject lands.
Environmental Planning Comments:
No natural heritage concerns or tree management concerns.
Heritage Planning Comments:
There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015.
The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 22 Hebei Place is
located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on
examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan
for the Cedar Hill. Schneider Creek area. For more information on the outcome of this CHL analysis
Page 8 of 278
and the specific recommendations which may impact properties located within the Cedar Hill
Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
change of use to a duplex is obtained prior to construction. Please contact the Building Division at
buildinq_(a)kitchener.ca with any questions
Engineering Division Comments:
No concerns
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 85-1
ATTACHMENTS:
Attachment A — [Survey Showing Driveway Dimensions]
Page 9 of 278
E
Building Location Survey of
PART of LOT 182
Municipal Compiled Plan of SUBP of Part of LOT 17, G -C -T
CITY of KITCHENER
Regional Municipality of Waterloo
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Page 10 of 278
March 2, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(4) VAR KIT, 289 AND 295 SHELDON AVENUE NORTH
MARTEA DEVELOPMENTS
(5) 04 URBAN, 1005 OTTAWA STREET NORTH
STANLEY PARK MALL
(14) VAR KIT, 709 GLASGOW STREET JOHN GALLIVAN
AND SUSAN MOMER
Subject: Committee of Adjustment Meeting March 21, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2023 - 024 —
271 Hartwood Avenue — No Concerns.
2)
A 2023 - 025 —
273 Hartwood Avenue — No Concerns.
3)
A 2023 - 026 —
74 Boehmer Street — No Concerns.
4)
A 2023 - 026 —
289-295 Sheldon Avenue North — No Concerns.
5)
A 2023 — 028
— 1005 Ottawa Street North — No Concerns.
6)
A 2023 - 029 —
57 Barbara Crescent — No Concerns.
7) A 2023 - 030 — 59 Barbara Crescent — No Concerns.
8) A 2023 - 031 — 299 Newbury Drive — No Concerns.
9) A 2023 - 032 — 22 Hebei Place — No Concerns.
10) A 2023 - 033 — 364 Wellington Street North — No Concerns.
11) A 2023 - 034 — 106 Chandler Drive — No Concerns.
12) A 2023 - 035 — 12 Orchard Mill Crescent — No Concerns.
Document Number: 4324460
Page 1 of 2
Page 11 of 278
13) A 2023 - 036 — 183 Ottawa Street South — No Concerns.
14) A 2023 - 037 — 709 Glasgow Street — No Concerns.
15) A 2023 - 038 — 131 St George Street — No Concerns.
16) A 2023 - 039 — 137 Queen Street South — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA(a)Kitchener. ca
2
Page 12 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 TO free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) (x21 4,S44 wwwgrar11C div r.ca
Go n
March 6, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — March 21, 2023
Applications for Minor Variance
A 2023-024
271 Hartwood Avenue
A 2023-025
273 Hartwood Avenue
A 2023-026
74 Boehmer Street
A 2023-027
289-295 Sheldon Avenue North
A 2023-028
1005 Ottawa Street North
A 2023-029
57 Barbara Crescent
A 2023-030
59 Barbara Crescent
A 2023-031
299 Newbury Drive
A 2023-032
22 Hebei Place
A 2023-033
364 Wellington Street North
A 2023-034
106 Chandler Drive
A 2023-035
12 Orchard Mill Crescent
A 2023-036
183 Ottawa Street South
A 2023-037
709 Glasgow Street
A 2023-038
131 St. George Street
A 2023-039
137 Queen Street South
Applications for Consent
B 2022-057
193 Louisa Street
B 2023-007
60 Third Avenue
B 2023-010
709 Glasgow Street
B 2023-011
131 St. George Street
B 2023-012
160 Weber Street West
B 2023-013 to B 2023-015 137 Queen Street South
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
I'rrfefni ")ei' ()l C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit rE.)e River
Page 13 of 278
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a)-grandriver.ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 14 of 278
From:
Johnston. Jeremiah (MTO)
To:
Committee of Adjustment (SM)
Cc:
Alison Fox
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review - March 21, 2023 Meeting
Date:
Monday, February 27, 2023 3:51:06 PM
Attachments:
imaae001.12no
imaQe002.ona
imaae003.12na
imaQe004.ona
image005.12na
imaQe006.ona
image007.12na
imaae008.ona
imaae009.12na
Hello,
2023 024..... 271 IHartwood Avenue
1Phe Ministry. oflFrarn 1portatiioin (II FO) Ihas no requirement for this alplplliioatiiorn„ "T"he
subject property its Ilooated beyond IM FO Ilimits of Ipermiit oorntroll and therefore IM'1FO
ireview, acceptance and perimilts will not Ibe required..
Phe Ministry. oflFrairn portatiiorn (IM FO) Ihas no requirement for this alplplliioatiion. "T"he
u.nlbjeot (property its Ilocated beyond IIS"'ICO Ilimits of Iperimiit oorntroll and therefore IM "'1f
review, acceptance and perimilts will not Ibe required,.
A 2023 026 ....'74, I oelhinner Street
1FIhe Ministry of "'IC"rairnalportatiiorn (IM "'IC" ) Ihas no requirement for this alplplliioatiioirn„ "'IC"Ihne
subject property its Ilooated beyond IM FO Iliiim°niits of Ipermiit ooimtroll and tlhneirefore IM'1FO
review, acceptance and perimilts will not Ibe required..
A 2023 027 289 295 Shelldon Avenue INorth
Comments will 5e provided by a separate errlaH.
I ' )� & I0=1
Phe Ministry. oflFrairn 1portatiiorn (IM FO) Ihas no requirement for this alplplliioatiion. '..I"hne
subject property its Ilocated beyond II I"'1FO Ilimits of Ipermiit oorntroll and therefore IM "'IC"
review, acceptance and Iperirrmiits will not Ibe required,.
2023 029 57 1Bairlbara Crescent
1FIhe Ministry of "'If"'rairnalportatiiorn (IM"'1FO) Ihnas no requirement for this alplplliioatiiorn„ "'If"'Ihne
subject property its Ilooated beyond IM FO Iliiim°niits of Iperm°niit ooimtroll and therefore IM'1FO
review, acceptance and perimilts will not Ibe required..
A 2023 030 59 IBairlbara Crescent
Page 15 of 278
1CtneI( t/iiiniiatiry of lFrairisportatiiorn (IM 'FO) Inas no requirement for this alplplliioatiio .. 'T"Ihe
subject property its Ilooated (beyond IIVi'FO Ilimits of 1perimiit controll and therefore IM '1FO
ireviiew„ acceptance and perimilts will not Ibe required.
A 2023 031 299INewlbu.ur I� I
1Rhe IMinistry,of lFrairialportatiiorn (II I'FO) Ihas no requirement for tlhiis alplplliioatiion. "T"he
subject property its Ilooated (beyond IM FO Ilimits of Iperirrniit oorntroll and therefore IM '1FO
review, acceptance and Iperimiits will not Ibe required.
2023 032 22 IHelbell IN
"Phe I Ministry oflFirarn 1portatiiorn (IM FO) Ihas no requirement for tlhlls alplplliioatiiorn.. "T"he
subject Ipirolperty its Ilocated beyond IM "'ICO Ilimits of Iperimiit oorntroll and therefore IM 1f
ireview, acceptance and perinnilts will not Ibe required.
2023 033 364 Well lliinotorn Street INorth
lFlhe IMinistry of "'1f rairn portatiiorn (IM "'1FO) Ihas no requirement for this alplplliioatiioirn.. "'If"'Ihe
ulbJeot property its Ilooated beyond IM FO Ilimits of (per milt corntroll and therefore IM'1FO
ireviiew, acceptance and perimilts will not Ibe required.
2023 034,....106 Charndller IDrive
Comments wiii be provided by a separate email
2023 035 12 Orchard I iillll Crescent
lFlhne I Ministry oflFirarn 1portatiiorn (IM FO) Ihas no requirement for tlhlls alplplliioatiiorn.. "T"he
subject Ipirolperty its Ilocated beyond II I"'IC"O Ilimits of Iperimiit oorntroll and therefore IM"'IC°
ireview, acceptance and perimilts will not Ibe required.
A 2023 036 183 Ottawa Street South
lFlhe IMinistry of "'If"'rairn portatiiorn (IM "'1FO) Ihas no requirement for tlhiia alplplliioatiioirn.. "'If"'Ihe
ulbJeot property its Ilooated beyond IIVtI'FO Ilimits of (per milt corntroll and therefore IM 1FO
ireviiew, acceptance and perimifts will not Ibe required.
A 2023 037 ....'709 Glasgow Street
1Ctne IMiiirniistiry of lFrarnslportatiiorn (IM 'FO) Ihas no requirement for tlhiis alplplliioatiiorn„ "T"he
subject property is Ilooated beyond IM FO Ilimits of Iperimiit oorntroll and therefore IM '1FO
ireview, acceptance and perimilts will not Ibe required.
2023 038 131 St Oeoroe Street
Rhe I Ministry oflFirarn 1portatiiorn (IM FO) Ihas no requirement for this alplplliioatiiorn.. "T"he
Page 16 of 278
ulbjeot property its Ilooated beyond IIS ISO Illimits of Ipeirimiit ooirntiroll and therefore IM 1FO
ireviiew, acceptance and Ipeirimilts wiillll not Ibe required.
1Rhe Ministry oflFirairn 1poirfatiioirn (IM '1FO) Ihas no ireg,uiireimeirnt for t1hils alplplliioatiion. "T"he
subject property its Ilocated beyond IIS"'ICO Illiml-ts of Ipeirimilt ooirntiroll and theirefoire IM "'1f
ireviiew, acceptance and peirimilts wiillll not Ibe irequired.
lFlhe Ministry of "'IC"i rairnalpoirtatiioirn (IM "'IC" ) Ihas no ireg,uiiireimeirnt foir t1hils alplplliioatiioirn„ "'IC"Ihne
subject property its Ilooated (beyond IM FO Iliiirnniits of Ipeirimiit oontiroll and therefore IM'1FO
ireviiew, acceptance and peirimilts wiillll not Ibe required.
E.3 2023 007 60 'FIhniiird Avein ue
1Rhe Ministry of'lFirairn 1poirfatiioirn (IM 'FO) has imo requirement foir thils alplplliioatiio .. "T"Ihne
ulbjeot property does fall wiiklhiirn the IM 'FO Ipeirimiit ooirntiroll, however giiveirn the proposed
aoolpe of woirlk and selpairation firoirnn the hniiglhway irnetwoirlk, IM "'IC" ireviiew, alplpirovall and
Ipeirmilts wiillll not Ibe irequiiirecd..
IB 2623 668 24.1 243 Viiotoiriia
Rhe Ministry of lFirairnslpoirtatiioirn (IM 11 O) Ihnas irno requirement for ffilis alplplliioatiioirn.. "T"he
subject Ipirolpeirty its Ilocated Ibeyond IVd'FO Iliiimii s of Ipeirirrniif': ooirntiroll and theirefoire IM'1FO
ireviiew, acceptance and peirimilts wiillll irnot Ibe required.
E3 2023 009 24.1 243 Viiotoiriia
lFhne Ministry of "'1f rairn 1poirfatiioirn (IM "'1FO) Ihnas no ireg,u.uiiireimeunt foir t1hils alplplliioatiioirn„ "'If"'Ihne
subject Ipirolpeirty its Ilooated Ibeyond IIS FO Iliiirnniits of Ipeirirrniit ooirnkiroll and therefore IM'1FO
ireviiew, acceptance and Ipeirimiftwiillll not Ibe required.
IB 2023 616 ....'709 Glasgow Stireet
Rhe Ministry of lFirairnalpoirtatiion (IM 'FO) has no requirement for tlhiia alplplliioafloirn„ "T"he
subject Ipirolpeirty its Ilooated Ibeyond IM FO Iliiimiits of Ipeirimiit ooirntiroll and therefore IM '1F
ireviiew, acceptance and peirimil-ts wiillll not Ibe required.
IB 2023 011 131 St George Stireet
Rhe Ministry of'lFirairn 1poirfatiioirn (Il l'FO) Ihnas no requirement for this alplplliioatiiorn.. "T"he
subject property its Ilocated Ibeyond IM 1FO Iliiimiits of Ipeirimilt oorntiroll and theirefoire IM 1C°0
ireviiew, acceptance and Ipeirimiits wiillll not Ibe required.
13 2023 012 160 Welber Stireet West
Page 17 of 278
Phe IMiilrniistlry of lFranslpolrtatiiolrn (IIS FO) Ihas no Irequiilrelrnent for this application. '..IFIhe
subject Iplrolpelrty its (located Ibeyond IIVI'FC Iliilrniits of permit control and therefore IM 1F0
ireviiew, acceptance and permits will not Ibe required.
If there are any questions about tlhe albove Iplease direct -them to irne by elrnaiill„
lFlhalnik you,
lei, ".IrI(ii ah Johnston Corridor Management Planner
Corridor Management Section
Ministry of Transportation Operations Branch West
659 Exeter Road, London, ON N6E 11_3
M: (226)-980-6407
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: February 24, 2023 3:57 PM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - March 21, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, March 21, 2023, have been loaded and circulated
through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
:......... Ikiitclhelnelr.ca no later than 12 noon on Monday, March 6, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Page 18 of 278
Project Name
22 Hebei R
Date
March 23.2023
pry BY
MHIP ,";
She,
3w. I,,'
Proposed Front Elevation
Al 02
Page 19 of 278
Project mane
22 Habot P,
�
Right Elevation
Data
March 23, 2023
......, ...., .................... ..... . . .. ,
Drawn By
1�9H4)r
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22 Hebei PL Kitchener
Scale
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Page 20 of 278
Pmjaxr;l Name 22 HasW lac
Date March 23. 2023
Do awn By MHIF' C
22 Hebel Pl. Kitchener
E r..aVa tr2 „- 8..,O"
. .... .... ' 'a tC 11 11P , I: G' ( n A ly 1 u4 n-- I: ",I
Prol,'osed Lower Unit
ur
— ........... . . ..... . ..............
Prclact Name 22 Hebel PI
Proposed Lower Unit
010 Mai, 23, 2023 .............................
...............................................
Drawn By MHWC Al 00
...................................... I ................................................ 22 Hebei Pl. Kitchener
Sraw, 114'*= 1'4)"
.............. ... . . .................................... . ........ . ............................................ Faae-20 4278
1-111 , vx:1,O-Q," 4"
Existin, Main Floor
1 .. A . fl. -107.9 ...............................................................
.............................................................. I ...................
P . rot . e . c . t .. N . a . m . a 2 . 2 .. H . a . bel .. P . I ......................... Existing Main Floor Plan
.. .... . . .. .. .. ..
Date Me( 23, 2023
....................................................................
Dfawn By MHIPC 22 Hebei PI. Kitchener Al 01
scale . ............ VIV 11 -VI Page 2 of
............ ...... - ................................................ � L 1.11 .
278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planning Technician, 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: March 21, 2023
REPORT NO.: DSD -2023-141
SUBJECT: Minor Variance Application A2023-040 — 245 Wellington Street N.
RECOMMENDATION:
Zoning By-law 2019-51
That Minor Variance Application A2023-040 for 245 Wellington Street North requesting relief
from Section 7.3, Table 7-6, of Zoning By-law 2019-051 to recognize and permit an existing
side yard setback of 2 metres instead of the minimum required 3 metres for a multiple
dwelling to facilitate the conversion of an existing Single Detached Dwelling to a Multiple
Dwelling containing 4 dwelling units, in accordance with drawings prepared by Simon Wong
and MW Drafting and Design Inc., dated February 21, 2023, BE APPROVED subject to the
following conditions:
1. That the Owner shall grant Metrolinx an environmental easement for operational
emissions. The environmental easement provides clear notification to those who may
acquire an interest in the subject property and reduces the potential for future land
use conflicts. The environmental easement shall be registered on title of the subject
property.
2. That the Owner shall provide confirmation to Metrolinx, that the following warning
clause has been inserted into all Development Agreements, Offers to Purchase, and
Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of
the Railway Corridor:
"Warning: The Applicant is advised that the subject land is located
within Metrolinx's 300 metres railway corridor zone of influence and as such is advised
that Metrolinx and its assigns and successors in interest has or have a right-of-way
within 300 metres from the subject land. The Applicant is further advised that there
may be alterations to or expansions of the rail or other transit facilities on such right-
of-way in the future including the possibility that Metrolinx or any railway entering into
an agreement with Metrolinx to use the right-of-way or their assigns or successors as
aforesaid may expand or alter their operations, which expansion or alteration may
affect the environment of the occupants in the vicinity, notwithstanding the inclusion
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 24 of 278
of any noise and vibration attenuating measures in the design of the development and
individual lots, blocks or units".
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance to facilitate the conversion of a single
detached dwelling to a multiple dwelling with 4 dwelling units.
• The key finding of this report is that the requested minor variance meets the 4 tests of the
Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located north of Victoria Street North and west of Lancaster Street West. It
currently contains an existing two-storey single detached dwelling.
The purpose of this application is to allow for an additional 3 units to be developed within the existing
single detached dwelling, for a total of 4 dwelling units. The applicant is proposing a parking area in
the rear which will provide 5 parking spaces.
The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `RES -4: Low Rise Residential Four Zone' in Zoning By-law 2019-051.
The purpose of the application is to review a minor variance to permit and recognize an existing side
yard setback of 2 metres whereas a multiple dwelling requires a minimum side yard setback of 3
metres.
Page 25 of 278
SA
JT z,
, -
off"
Figure 3 — Proposed Site Plan
Page 26 of 278
-7 7r 7
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14 nY
...................
. ........ ........
a fl`h
........................
. .......................
..
...............
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39,
Figure 3 — Proposed Site Plan
Page 26 of 278
Planning staff conducted a site inspection on Friday March 31St, 2023
Figure 4 - Front view of the existing house
Figure 6 - Rear view of the existing house
ure 8 - Rear view of the 2.09 m side yard
Figure 5 - Front and side view of the existing
house
Figure 7 - Existing rear yard where the proposed
parking lot will be located
Figure 9 - Front view of the 2.09 m side yard
Page 27 of 278
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential'. This designation accommodates a full range
of low density housing types which may include single detached dwellings, additional dwelling units,
attached and detached, low-rise multiple dwellings, and other forms of low-rise housing. The City
encourages and supports the mixing and integrating of innovative and different forms of housing to
achieve and maintain a low-rise built form.
A low-rise multiple dwelling is a permitted use in this land use designation and would be compatible
with the various housing forms in the area. Accordingly, it is Planning staff's opinion that the general
intent of the Official Plan is maintained.
General Intent of the Zoning By-law
The intent of the side yard setback regulation is to ensure that the dwelling has sufficient separation
from abutting properties, some amenity space and to provide for access to the rear yard. The existing
building has a side yard setback of about 9.0 metres on the other side of the building which will
accommodate vehicular and pedestrian access to the rear yard and amenity space and also
accommodate some decks and steps. In addition, the existing 2 metre side yard setback is a sufficient
setback in this location to also provide appropriate access to the rear yard while providing space for any
air conditioning units or other outdoor equipment.
Based on the above, staff is of the opinion that the general intent of the zoning by-law is being
maintained.
Is/Are the Effects of the Variance(s) Minor?
The 3 additional dwelling units are proposed to be accommodated within the existing building and
as the built form and general appearance of the building will be maintained, and all other zoning
requirements will be met, the effects of the variance to facilitate additional dwelling units will be
minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variance to allow a reduced side yard setback is desirable and appropriate as it allow for gentle
intensification of the subject property and support the City's Housing Pledge.
Environmental Planning Comments:
The subject property does have some trees at the rear lot line, and possibly in shared ownership, being
on or very close to the property line.
Heritage Planning Comments:
There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015.
The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 245 Wellington Street
North is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will be
consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the
Official Plan, and preparing action plans for each CHL with specific conservation options.
Page 28 of 278
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit Application has
been made to change the use to a fourplex and it is currently under review.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
Parkland Dedication will be required for the fourth residential unit to be paid prior to the issuance of
the Building Permit.
There are existing City -owned street trees at the front of the property that will be impacted by the
proposed development and suitable arrangements — either to protect the existing tree or provide full
financial compensation — will be required to the satisfaction of Parks and Cemeteries prior to the
issuance of the Building Permit.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
No Concerns.
Ministry of Transportation Operations (MTO) Comments:
No requirements.
Metrolinx Comments:
Metrolinx is in receipt of the minor variance application for 245 Wellington St North to construct a
multiple dwelling with 4 units. Metrolinx's comments on the subject application are noted below:
The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which
carries Metrolinx's Kitchener GO Train service.
As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of
Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall
grant Metrolinx an environmental easement for operational emissions. The environmental
easement provides clear notification to those who may acquire an interest in the subject property
and reduces the potential for future land use conflicts. The environmental easement shall be
registered on title of the subject property. A copy of the form of easement is included for the
Owner's information. The applicant may contact <Derek.Brunelle@metrolinx.com> with
questions and to initiate the registration process.
The Proponent shall provide confirmation to Metrolinx, that the following warning clause has
been inserted into all Development Agreements, Offers to Purchase, and Agreements of
Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor :
c Warning: Metrolinx and its assigns and successors in interest has or have a right-of-way
within 300 metres from the subject land. There may be alterations to or expansions of the rail
or other transit facilities on such right-of-way in the future including the possibility
that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-
way or their assigns or successors as aforesaid may expand or alter their operations, which
expansion or alteration may affect the environment of the occupants in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in the design
of the development and individual lots, blocks or units.
Page 29 of 278
Grand River Conservation Authority (GRCA) Comments:
GRCA has no objection to the approval of the above application. The subject property does not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes. The property is not subject to Ontario Regulation 150/06 and, therefore, a permission from
GRCA is not required.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning 2019-051
Page 30 of 278
March 29, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(9) 58 KIT, 1200 FISCHER HALLMAN ROAD
BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 31 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 32 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 33 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 34 of 278
From:
develooment.coordinator
To:
Committee of Adjustment (SM)
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review - April 18, 2023 Meeting
Date:
Monday, March 27, 2023 1:39:08 PM
Attachments:
image010.Dng
image011.Dng
imaae012.nna
image013.Dno
imaoe014.Dna
imaae015.Dna
image016.Dna
imaae017.Dna
imaae018.Dna
imaae019.Dna
Environmental Easement Language January 2022.Ddf
Hi Alison,
Please find below Metrolinx's comments and form of easement attached for the April 18, 2023
Committee of Adjustment Agenda for City of Kitchcner.
245 Wellington St N:
Metrolinx is in receipt of the minor variance application for 245 Wellington St
North to construct a multiple dwelling with 4 units. Metrolinx's comments on the subject
application are noted below:
• The subject property is located within 300 meters of Metrolinx's Guelph Subdivision
which carries Metrolinx's Kitchcner GO Train service.
• As per section 3.9 of the Federation of Canadian Municipalities and Railway Association
of Canada's Guidelines for New Development in Proximity to Railway Operations, the
Owner shall grant Metrolinx an environmental easement for operational emissions. The
environmental easement provides clear notification to those who may acquire an
interest in the subject property and reduces the potential for future land use conflicts.
The environmental easement shall be registered on title of the subject property. A copy
of the form of easement is included for the Owner's information. The applicant may
contact<De.rek.:.Bru.n.el.le..�.m.et.ro.li.nx.:.com.>
with questions and to initiate the registration process.
• The Proponent shall provide confirmation to Metrolinx, that the following warning clause
has been inserted into all Development Agreements, Offers to Purchase, and
Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of
the Railway Corridor
o Warning: Metrolinx and its assigns and successors in interest has or have a
right-of-way within 300 metres from the subject land. There may be
alterations to or expansions of the rail or other transit facilities on such right-
of-way in the future including the possibility that Metrolinx or any railway
Page 35 of 278
entering into an agreement with Metrolinx to use the right-of-way or their
assigns or successors as aforesaid may expand or alter their operations,
which expansion or alteration may affect the environment of the occupants
in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual lots,
blocks or units.
306 Wellington St N:
Metrolinx is in receipt of the minor variance application for 306 Wellington St N to construct
a Multiple dwelling with 6 units. Metrolinx's comments on the subject application are noted
below:
• The subject property is located within 300 meters of Metrolinx's Guelph Subdivision
which carries Metrolinx's Kitchcner GO Train service.
• As per section 3.9 of the Federation of Canadian Municipalities and Railway Association
of Canada's Guidelines for New Development in Proximity to Railway Operations, the
Owner shall grant Metrolinx an environmental easement for operational emissions. The
environmental easement provides clear notification to those who may acquire an
interest in the subject property and reduces the potential for future land use conflicts.
The environmental easement shall be registered on title of the subject property. A copy
of the form of easement is included for the Owner's information. The applicant may
contact <De.rel<:.Bru.n.el.le..�?m.etro.li.nx.:.com.>
with questions and to initiate the registration process.
• The Proponent shall provide confirmation to Metrolinx, that the following warning clause
has been inserted into all Development Agreements, Offers to Purchase, and
Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of
the Railway Corridor
o Warning: Metrolinx and its assigns and successors in interest has or have a
right-of-way within 300 metres from the subject land. There may be
alterations to or expansions of the rail or other transit facilities on such right-
of-way in the future including the possibility that Metrolinx or any railway
entering into an agreement with Metrolinx to use the right-of-way or their
assigns or successors as aforesaid may expand or alter their operations,
which expansion or alteration may affect the environment of the occupants
in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual lots,
blocks or units.
Kind regards,
Tara Kamal Ahmadi
Page 36 of 278
Tara Kamal Ahmadi
Junior Analyst
Third Party Projects Review, Capital Projects Group
Metrolinx 1 20 Bay Street I Suite 600 1 Toronto I Ontario I M5J 2W3
pl���Mtk*11111ZII V_
From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca>
Sent: March 24, 2023 4:15 PM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - April 18, 2023 Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
liable, ou que vous ayez I'assurance que le contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, April 18, 2023, have been loaded and circulated
through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
C�gf no later than 12 noon on Monday, April 3, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2200 ext® 7594 I TTY 1-866-969-9994 1 m.&.1kj tclr
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 37 of 278
Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Properties section of the Transfer Easement to which this Schedule is attached (the "Easement
Lands");
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors
and assigns, a permanent and perpetual non-exclusive easement or right and interest in the
nature of a permanent and perpetual non-exclusive easement over, under, along and upon the
whole of the Easement Lands and every partthereof for the purposes of discharging, emitting,
releasing or venting thereon or otherwise affecting the Easement Lands at any time during the
day or night with noise, vibration and other sounds and emissions of every nature and kind
whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter,
electromagnetic interference and stray current but excluding spills, arising from or out of, or in
connection with, any and all present and future railway or other transit facilities and operations
upon the lands of the Transferee and including, without limitation, all such facilities and
operations presently existing and all future renovations, additions, expansions and other
changes to such facilities and all future expansions, extensions, increases, enlargement and
other changes to such operations (herein collectively called the "Operational Emissions").
THIS Easement and all rights and obligations arising from same shall extend to,
be binding upon and enure to the benefit of the parties hereto and their respective officers,
directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers,
licensees and other operators, occupants and invitees and each of its or their respective heirs,
executors, legal personal representatives, successors and assigns. The covenants and
obligations of each party hereto, if more than one person, shall be joint and several.
Easement in gross.
Page 38 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 39 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 40 of 278
Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Ben, Brummelhuis, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: April 12, 2023
REPORT NO.: DSD -2023-147
SUBJECT: Minor Variance Application A2023-041 — 45 Bond Street
RECOMMENDATION:
That Minor Variance Application A2023-041 for 45 Bond Street requesting relief from the
following Sections of Zoning By-law 2019-051:
i) Section 4.12.3 h) to permit a lot area of 381 square metres instead of the minimum
required 395 square metres,
ii) Section 4.12.3 i) to permit a lot width of 12.5 metres instead of the minimum
required 13.1 metres,
iii) Section 5.3.3 a) iii) to permit a parking requirement of 2 parking spaces instead of
the minimum required 3 parking spaces for a duplex and ADU (detached),
iv) Section 5.3.3 a) i) to permit the required parking spaces to be located 0 metres from
a street/property line instead of the minimum required 6 metres, and
V) Section 5.4 Table 5-3 to permit a driveway width of 41.6% (5.2 metres) of the lot
width instead of the maximum permitted 40% (5 metres);
to facilitate the construction of an Additional Dwelling Unit (ADU) (detached) generally in
accordance with drawings prepared by Alex Mereu, submitted with Minor Variance
Application A2023-041, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review minor variances to permit the construction of an ADU
(detached).
• The key finding of this report is that the minor variances meet the four tests of the Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 41 of 278
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located north of the intersection of Elizabeth Street and Bond Street near
Lancaster Plaza.
Figure 1 — Ariel Photo of Subject Property
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051.
The purpose of the application is to review minor variances to permit the construction of an ADU
(Detached). The subject property is a duplex, a primary dwelling with an ADU (Attached), on a lot
with deficient lot area and lot width to permit an ADU (Detached).
The ADU (Attached) is in the basement of the principal dwelling. There is an existing window well
on the south side of the principal dwelling that is required for the ADU (Attached). The proposed
ADU (Detached) requires a 1.1 metre walkway from the street to the ADU (Detached), which shall
not be within a required parking space. The applicant initially proposed one parking space in the rear
of the property and one parking space at the front. However, the parking space interrupted the
required 1.1 metre walkway. Tandem parking spaces behind the originally proposed parking space
at the rear would disrupt the 1.1 metre walkway, as there is insufficient space for both a driveway
and walkway. There is inadequate space for the 1.1 metre walkway on the south side of the principal
Page 42 of 278
dwelling due to the location of the window well. Accordingly, minor variances are being requested to
permit 2 parking spaces instead of the required 3 parking spaces and for these parking spaces to
be located 0 metres from the street/property line. Three (3) Class A Bike parking spaces are
proposed in an existing shed.
45 Bond Street: Site Plan
ExistOng Shed to he retained as sliePtered
bike parking for 3 hikes: 12 rn'
Existing window
.ell for hasernent
Unit egress window
LLQ
Property Lines
t% Pavers
JU011111110U011111 Landscape
Asphalt
MINE Existing Buildings
Proposed AUU
Scale: 1:161.
Figure 2 — Site Plan
Staff visited the subject property on March 29, 2023.
Ixtkrl}, aFf52R�e,lOC Uelt
tlfdrf CL+
msein-fl— Unit
dr�r<4'e
t..1 m inn b,M,'ud,,d access
ADU Adldren Sign ••. P. PMc9n'C
Abase G,..,d end
Pwr -d6¢n W 1. Rud..y
Figure 3 — Front View Photo from Site Visit
Page 43 of 278
Figure 4 — South Side Photo from Site Visit
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' on Map 3 — Land Use. The intent of the
Low Rise Residential designation is to permit a variety of low-density residential uses with an
emphasis on compatibility with the built form, height, massing, scale, and design. The Low Rise
Residential policy supports a cohesive relationship of the principal building and ADU (Detached) with
the streets, and within the neighbourhood. The principal dwelling is a 1 storey duplex dwelling with
a shed in the rear. The proposed ADU (Detached) building is similar in height, scale, and design to
adjacent properties with accessory structures. Staff is of the opinion that the proposed ADU
(Detached) provides a mix of residential uses similar to the surrounding neighbourhood and meets
the general intent of the Official Plan.
General Intent of the Zoning BV -law
Minimum Lot Area:
The intent of the minimum required 395 square metre lot area to permit the construction of an ADU
(Detached) is to ensure that there is adequate space to accommodate regulatory functions, provide
a buildable area, and the provision of adequate amenity space. The proposed ADU (Detached)
provides the required rear yard and side yard setbacks, the required 1.1 metre wide walkway, and
Page 44 of 278
landscaping for amenity space. Therefore, staff are of the opinion that the requested variance to
permit a lot area of 381 square metres instead of the required 395 square metres meets the general
intent of the Zoning By-law.
Minimum Lot Width:
The intent of the 13.1 metre lot width is to ensure that there are adequate side yard setbacks for the
principal dwelling and the provision of access to the ADU (Detached). The minimum required side
yard setback, for an ADU (Detached), of 0.6 metres is provided and a 1.1 metre walkway is also
provided. Given there are appropriate side yard setbacks for both the principal dwelling and ADU
(Detached) and required access to the ADU (Detached) is provided, staff are of the opinion that the
requested variance to permit a lot width of 12.5 metres instead of the minimum required 13.1 metres
meets the general intent of the Zoning By-law.
Minimum Parking:
The intent of the minimum parking requirement is to ensure that there is adequate vehicle storage
onsite. Two parking spaces are provided in the front yard. The subject property is located within
walking distance from GRT Route 6 bus stops on the corner of Lancaster Street and Ash Street and
Lancaster and Arnold Street. There are three (3) Class A Bike Parking spaces proposed in an
existing shed. Given that there are two parking spaces provided and the site is serviced by public
transit and bike parking spaces, staff are of the opinion that a reduction from the required 3 parking
spaces to 2 parking spaces meets the general intent of the Zoning By-law.
Parking Space Location:
The intent of the six metre setback from the street line for the required off-street parking spaces in
Zoning By-law 2019-051 is to ensure a vehicle can be safely parked on the driveway without affecting
the City right-of-way and abutting properties. The required setback ensures clear visibility lines when
exiting the driveway. The property will still be able to function appropriately and accommodate up to
two parking spaces, side by side, and a 1.1 metre walkway from the street (property) line. Staff are
of the opinion that the requested variance to allow the required parking spaces to be located within
0 metres from the street (property) line instead of the minimum required 6 metres meets the general
intent of the Zoning By-law.
Minimum Driveway Width:
The intent of the maximum driveway width of 40% of the lot width is to ensure appropriate soft
landscaping and pervious surfaces are provided onsite, while providing appropriate vehicular
access. A portion of the existing driveway in the north-west corner of the subject property will replace
asphalt with soft landscaping and pavers for access to the principal dwelling and ADU (detached).
The proposed driveway width provides access to the standard sized parking spaces on site. Given
that a portion of the existing driveway is proposed to be replaced by soft landscaping and pavers,
and there is appropriate vehicular access to the subject property, staff are of the opinion that that
the requested variance to increase the driveway width to 41.6% (5.2 metres) to accommodate 2
legal parking spaces) of the lot width instead of the maximum required 40% (5 metres) meets the
general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variances to the regulations will not inhibit the ability of the lot to meet all other setback zoning
regulations, provide an adequate dwelling area, and amenity area. A reduction in parking spaces is
supplemented by Class A Bike Parking and public transit access. The location of the first off-street
parking space within the 6 metre setback from the street line will not inhibit the City right-of-way and
safety. The increase in driveway width will be supplemented by converting a portion of the existing
driveway to soft landscaping and pavers and the increase of 0.2 metres will not be discernible. The
requested variances are not expected to impact any of the adjacent properties or the surrounding
neighbourhood. Therefore, staff are of the opinion that the variances are minor.
Page 45 of 278
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variances will support a gentle intensification of housing by facilitating the construction of an
ADU (Detached) on the subject property containing a dwelling unit and an ADU (Attached). The
surrounding neighbourhood contains a variety of uses similar to the proposed development.
Therefore, staff are of the opinion that the variances are appropriate for the development and use of
the building and lands.
Environmental Planning Comments:
Environmental Planning has no natural heritage concerns or tree management concerns.
Heritage Planning Comments:
Heritage Planning has no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit Application has
been made for a new ADU and is currently under review.
Engineering Division Comments:
Engineering has no concerns.
Parks/Operations Division Comments:
Parks and Operations has no concerns.
Transportation Planning Comments:
To facilitate the proposed Additional Dwelling Unit (ADU) (Detached), Transportation Services can
support the reduction in the required parking from 3 parking spaces to 2 parking space and the
location of the required parking 0 metres from the property/street line instead of the required 6
metres.
GRCA Comments:
The GRCA has no concerns.
Region of Waterloo Comments:
The Region of Waterloo has no concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
Page 46 of 278
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 47 of 278
March 29, 2023
Alison Fox
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (9) 58 KIT, 1200 FISCHER HALLMAN ROAD
Kitchener, ON N2G 4G7 BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 48 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 49 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 50 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 51 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 52 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 53 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: April 5, 2023
REPORT NO.: DSD -2023-177
SUBJECT: Minor Variance Application A2023-042 — 100 Monteagle Crescent
RECOMMENDATION:
That Minor Variance Application A2023-042, for 100 Monteagle Crescent requesting relief
from Section 5.4, Table 5-3 of Zoning By-law 2019-051, to permit a maximum driveway width
of 5.2 metres instead of the maximum permitted 4.5 metres, and to permit a driveway setback
from the side lot line of 0 metres instead of the required side yard setback of 1.0 metres, BE
REFUSED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application for a requested driveway
width of 5.2 metres, whereas a maximum of 4.5 metres is permitted, and for a requested
driveway setback from the side lot line of 0 metres whereas 1.0 metres is required.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the northerly side of Monteagle Crescent, within the Forest
Heights neighbourhood. The surrounding context of the subject property is primarily comprised of
low-rise residential uses.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 54 of 278
Figure 1 - Subject property -100 Monteagle Crescent
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051.
Figure 2 - Front view — 100 Monteagle Crescent
The purpose of this report is to review a minor variance application for a requested driveway width
of 5.2 metres (57% of the lot width), whereas a maximum of 4.5 metres (50% of the lot width) is
Page 55 of 278
permitted, and for a requested driveway setback from the side lot line of 0 metres whereas 1.0 metres
is required.
It should be noted that this property previously came forward to the Committee of Adjustment at the
December 131h, 2022 meeting. The Committee approved minor variances to permit a side yard
setback of 1.0 metres instead of the minimum required 1.2 metres and to permit the required parking
space to be located 2.6 metres from the street/property line instead of the minimum required 6
metres, to enclose an existing carport to convert to living space.
The applicant has now stated the intent of the renovations is to establish a hair salon as a home
business within the building on the subject property. The applicant is required to provide two (2)
parking spaces; one parking space for the residential use, and one parking space for the home
business. This will require a driveway having a width of 5.2 metres, 2.6 metres for each parking
space. The existing driveway is 4.5 metres in width and located 0 metres from the side lot line. In
order to provide for 2 parking spaces side by side, it is necessary to recognize the location of the
driveway from the side lot line and to also widen the driveway an additional 0.7 metres. The
requested variances are to permit 2 parking spaces side by side within the driveway on the property.
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
Staff is of the opinion that the requested variances do not meet the intent of the Official Plan.
Specifically, Section 13.C.8.4 of the 2014 Official Plan states:
"All parking area or facilities will be designed, constructed and maintained:
d) to minimize negative impacts on the environment;
f) to result in aesthetically acceptable parking areas which blend into the general
environment of the area."
Planning staff is of the opinion that the proposed variance that will widen the driveway on the semi-
detached lot, does not minimize negative impacts on the environment. It also does not provide
aesthetically acceptable parking areas within the surrounding context of the neighbourhood.
The variances do not meet the intent of the Official Plan.
General Intent of the Zoning By-law
The purpose of the maximum driveway width is to ensure that the driveway and the required parking,
and presence of vehicles, do not dominate the front yard of the dwelling and the streetscape while
allowing for landscaping, green space, and areas for natural water infiltration to occur. The applicant
has already received approval for the parking space in the carport to be enclosed and the parking
space in the driveway to be the legal parking space. It was shown at the time of the requested
variance that the driveway would remain as existing, with no changes required for an additional
space.
The purpose of the side yard setback for driveway space is to ensure adequate separation from the
property line to ensure that vehicles and access to the vehicles do not encroach or require
encroachment across the property line or onto adjacent properties. The property shares the driveway
Page 56 of 278
with the neighbouring semi-detached dwelling. Consequently, a parking space located 0 metres from
the property line would most likely cause encroachments of pedestrians and the vehicles across the
property line due to the shared nature of the driveway.
The requested variance for an increase in permitted driveway width to 5.2 metres instead of the
maximum permitted 4.5 metres does not meet the general intent of the Zoning By-law. The property
has a maximum permitted driveway width of 50% of the lot width whereas the driveway is proposed
to be 57% of the lot width.
The variances do not meet the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variances are not considered minor. The variances to recognize and create a wider driveway in
this location will facilitate encroachments and impact adjacent properties. In order to have the
driveway setback from the side lot, to avoid possible encroachments, would result in an even wider
driveway that is oversized for the lot and which would impact the aesthetics of the lot and the
surrounding neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variances are not desirable for the appropriate development of the land. Instead, the variances
could create unacceptably adverse impacts to the adjacent property, to the environment, and to the
streetscape. The proposed driveway width for the lot is not appropriate for the context of the existing
neighbourhood. Ideally, consideration should have been given to the required parking for a dwelling
unit and home business at the time of the initial minor variance application to determine if there was
an ability to facilitate the home business in the existing dwelling or in an addition at the rear.
Environmental Planning Comments:
No environmental planning concerns.
Heritage Planning Comments:
Heritage has no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering has no comments on this application.
Parks/Operations Division Comments:
Parks has no concerns or comments.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed driveway widening.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
Page 57 of 278
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
• DSD -2022-489 — Minor Variance Application A2022-135
ATTACHMENTS:
Attachment A — Proposed Driveway Widening
Page 58 of 278
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Page 59 of 278
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Page 59 of 278
March 29, 2023
Alison Fox
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (9) 58 KIT, 1200 FISCHER HALLMAN ROAD
Kitchener, ON N2G 4G7 BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 60 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 61 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
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Page 62 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 63 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 64 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 65 of 278
Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planning Technician, Site Development, 519-741-2200
ext. 7847
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: March 23, 2023
REPORT NO.: DSD -2023-149
SUBJECT: Minor Variance Application A2023-043 - 300 Countrystone Crescent
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2023-043 for 300 Countrystone Crescent requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 4.12.3 i) to permit a minimum lot width of 10.9 metres instead of the required
minimum lot width of 13.1 metres;
ii) Section 4.12.3 h) to permit a lot area of 383 square metres instead of the minimum
required lot area of 395 square metres; and
iii) Section 5.6 table 5-5 to permit 2 parking spaces instead of the minimum required 3
parking spaces;
to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard
of a property containing an existing Single Detached Dwelling with an Additional Dwelling
Unit (ADU) (Attached) (Duplex dwelling), in accordance with drawings prepared by Fine Line
Drafting & Design Inc., dated March 15, 2023, BE DEFERRED TO A MEETING DATE AGREED
TO BY THE APPLICANT.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend Deferral of minor variances to facilitate the
development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of a property
containing an existing Single Detached Dwelling with an Additional Dwelling Unit (ADU)
(Attached) (Duplex dwelling).
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 66 of 278
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located north of Victoria Street South and east of Ira Needles Boulevard. It
currently contains two-storey Single Detached Dwelling with one Additional Dwelling Unit (ADU)
(Attached).
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051.
The purpose of this application is to facilitate the development of an Additional Dwelling Unit (ADU)
(Detached) in the rear yard of the subject property. The following minor variances are required.
• To permit a lot area of 383 square metres instead of minimum required 395 square metres;
• To permit a lot width of 10.9 metres instead of minimum required 13.1 metres;
• To permit 2 parking spaces instead of the minimum required 3 parking spaces, one for each
dwelling unit. One parking space will be located in the attached garage and the second
parking space will be located on the driveway.
rigure s one pian drawing snowing the proposes F+uu oetacneo
Page 67 of 278
Figure 4 - Elevation drawing of the proposed ADU (Detached)
Since the application was submitted, Planning staff were informed that one of the dwelling units
currently operates a `home business'. In order to facilitate the development of the ADU (Detached),
the `home business' may be required to be removed or an additional minor variance may be required
to permit the `home business' to operate in a dwelling unit which is not a single detached dwelling.
The applicant has asked that Minor Variance Application A2023-043 be deferred in order to
determine if they would like to proceed with the minor variance as requested or revise their
application to include the minor variance for the `home business'.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 68 of 278
March 29, 2023
Alison Fox
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (9) 58 KIT, 1200 FISCHER HALLMAN ROAD
Kitchener, ON N2G 4G7 BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 69 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 70 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca
Go n
April 3, 2023
GRCA File: A2023-043 — 300 Countrystone Crescent
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Dear Marilyn Mills,
Re: Application for Minor Variance A2023-043
300 Countrystone Crescent, City of Kitchener
Dharmarajan Peruman
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor
variance application.
Recommendation
The Grand River Conservation Authority (GRCA) has no objection to the proposed
minor variance application.
GRCA Comments
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a regulatory authority under Ontario Regulation 150/06, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the subject property contains
the regulated allowance adjacent to a watercourse. A copy of our resource mapping is
attached.
Due to the presence of the watercourse allowance, a portion of the property is regulated
by the GRCA under Ontario Regulation 150/06 - Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future
development or other alteration within the regulated area will require prior written
approval from GRCA in the form of a permit pursuant to Ontario Regulation 150/06.
The proposed minor variance application requests permission to allow an Additional
Dwelling Unit on a lot with an area of 383.6 square metres rather than 395 square
metres, a lot width of 10.9 metres rather than 13.1 metres frontage; and to permit two
parking spaces rather than the required three parking spaces. GRCA has no objection
I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I 1 h e C Irarr<d A Canadi<m � erit r7.)e River
Page 71 of 278
to the requested variances but we note that a GRCA permit under Ontario Regulation
150/06 will be required for the proposed Additional Dwelling Unit.
The applicant can submit a GRCA permit application online here:
https://apps.grandriver.ca/Permits.
Consistent with GRCA's 2023 approved fee schedule, this application is considered a
`minor' minor variance and the applicant will be invoiced in the amount of $300.00 for
the GRCA's review of this application.
For Municipal Consideration
Please be advised that on January 1, 2023, a new Minister's regulation (Ontario
Regulation 596/22: Prescribed Acts — Subsections 21.1.1 (1.1) and 21.1.2 (1.1) of the
Conservation Authorities Act) came into effect. As a result, non -mandatory technical
review services that the GRCA formerly provided under agreement with some
municipalities (e.g., technical reviews related to natural heritage and select aspects of
stormwater management) will no longer be provided.
Should you have any questions, please contact me at 519-621-2763 ext. 2228 or
aherreman@g randriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Enclosed: GRCA Mapping
Copy: Dharmarajan Peruman (via email)
Rodney Friesen, Fine Line Drafting & Design Inc. (via email)
Page 72 of 278
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From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 74 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 75 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning),
519-741-2200 ext. 7844
WARD(S) INVOLVED: 4
DATE OF REPORT: April 11, 2023
REPORT NO.: DSD -2023-179
SUBJECT: Minor Variance Application A2023-044 - 230 Black Walnut Place
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2023-044 for 230 Black Walnut Place requesting relief from
Section 4.7.2, Table 4-2, of Zoning By-law 2019-051, to permit a `Catering Service
Establishment' as a home business, with a gross floor area of 18 square metres and not
having any clients or customers directly to the premises, in a single detached dwelling with
an additional dwelling unit (attached) whereas this home business is only permitted in a
single detached dwelling, generally in accordance with drawings prepared by Tacoma
Engineers, dated February 21, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to permit a home business
(catering service establishment) to be in a single detached dwelling with an additional dwelling
unit (attached).
• The key finding of this report is that the requested minor variance meets the four tests of the
Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 76 of 278
BACKGROUND:
The subject property is located on the north-east side of Black Walnut Place which is in the Doon -
Pioneer Park Community.
Figure 1 - Location Map (Aerial View)
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned
`Low Rise Residential Three Zone (RES -3)' in Zoning By-law 2019-051.
The applicant is requesting a minor variance to permit a home business (catering service
establishment) to be in a single detached dwelling with an additional dwelling unit (attached),
whereas this type of home business is only permitted in a single detached dwelling. All other
regulations of the Zoning Bylaw will be met, including parking (see detailed comments below).
The applicant advises that the catering business is for food preparation for creating vegan platters
consisting of fresh fruit, vegetables, nuts, spreads, vegan cheese and meat alternatives and waste
is minimal. The area for the home business is one room located on the second floor.
Staff visited the site on April 3, 2023.
Page 77 of 278
V"N
figure 1- view Trom tne street
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Figure 3 — Survey and Parking Plan
Em
Page 78 of 278
OD
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60, ,6 0
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Figure 3 — Survey and Parking Plan
Em
Page 78 of 278
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The property is designated as Low Rise Residential which places emphasis on compatibility of building
form with respect to massing, scale, and design to support successful integration of different housing
types. It also places emphasis on the relationship of housing to adjacent buildings, streets, and exterior
areas. The existing use as a single detached dwelling with additional dwelling unit (attached) is
permitted. The massing and scale of the building is not changing. The addition of an accessory home
business is in keeping with the intent of the residential designation and therefore the proposed variance
meets the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation prohibiting a catering service establishment as a home business in a
dwelling with two units is to ensure that a home business does not negatively impact any other
occupants in the building. As noted in the Background section above, the home business is limited
to one room on the second floor with minimal food preparation.
The applicant has advised staff that there will be no clients or customers coming to the premises as
all orders will be delivered. It is noted that a home business in a duplex with no clients/customers to
the premises does not require additional parking. Therefore, parking regulations are met. Staff are
of the opinion that there will be no impact on the resident(s) in the second dwelling unit. The
requested variance meets the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The area to be used for the home business is in one room with a total area of 18 sq. m. This is a small
portion of the entire building which has a floor area of approximately 174 sq.m. for the two dwelling
units. As noted above, as this catering establishment will minimum impacts and there will be no clients
going to the property. Staff are of the opinion that the effects of the variance will be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variance is desirable for the appropriate development and use of the residential building on the
subject property as it will facilitate an appropriate home business to operate in a building with two
dwelling units. As the use will not attract customers to the property and is limited to one room in one
of the dwelling units existing in the building, staff is of the opinion that it is appropriate use of the
property.
Environmental Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit Application has
been made for the addition of `a food premise' and is currently under review.
Engineering Division Comments:
No concerns.
Page 79 of 278
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 80 of 278
March 29, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(9) 58 KIT, 1200 FISCHER HALLMAN ROAD
BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 81 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 82 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 83 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 84 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 85 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 86 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Kieran, Luckhai, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: April 5, 2023
REPORT NO.: DSD -2023-144
SUBJECT: Minor Variance Application A2023-045 — 125 Hickson Drive
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2023-045 for 125 Hickson Drive requesting relief from
Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit a required parking space to be located
5 metres from the street (property) line instead of the minimum required 6 metres to facilitate
the conversion of the loft and attached garage into living space for an Additional Dwelling
Unit (ADU) (Attached), BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is that the applicant is requesting relief from Section 5.3.3 a) i) of
Zoning By-law 2019-051 to permit the required parking space to be located 5 metres from the
street (property) line instead of the minimum required 6 metres.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Hickson Drive, within the Heritage Park
neighbourhood. The surrounding context of the subject property is primarily comprised of low rise
residential uses.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 87 of 278
The applicant is requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit the
required parking space to be located 5 metres from the street (property)line instead of the minimum
required 6 metres to facilitate the conversion of the loft and attached garage into living space for an
Additional Dwelling Unit (ADU) (Attached).
The conversion of the loft and attached garage will have no impact on the building footprint. The
garage doors will be removed and a new entry point will be installed on the side of the house.
City Planning staff conducted a site inspection on March 29, 2023.
Figure 1: Location Map: 125 Hickson Drive
Figure 2: Front View of 125 Hickson Drive
Page 88 of 278
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject lands are designated `Community Areas' on Map 2 — Urban Structure and designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent of the Low
Rise Residential designation is to accommodate a variety of low-density residential uses. Official
Plan Policy 4.C.1.8 details criteria that should be considered where a minor variance is requested.
Subsection `e' is of relevance to the requested variance and specifies that the variance should be
reviewed to ensure that "the lands can function appropriately and not create unacceptable adverse
impacts for adjacent properties by providing both an appropriate number of parking spaces and an
appropriate landscaped/amenity area on the site". The proposed use of the property, for a single
detached dwelling with an Additional Dwelling Unit (ADU) (Attached) and its consistent built form will
function appropriately and meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 6 metre setback from the street line for the first required off-street parking space in
Zoning By-law 2019-051 is to ensure a vehicle can be safely parked on the driveway without affecting
the City right-of-way and abutting properties. The required setback also ensures clear visibility lines
when exiting the driveway. The property will still be able to function appropriately and accommodate
up to two (2) parking spaces, side by side, with sufficient width on the existing driveway and be
located 5 metres from the street/property line. Staff are of the opinion that the requested variance to
allow the required parking space to be located 5 metres from the street (property) line instead of the
minimum required 6 metres meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variance is considered minor as the required off-street parking spaces can be
accommodated on the existing driveway. The setback of 5 metres from the street line will be a
sufficient and safe setback and will allow the property to provide two (2) parking spaces side by side.
There are no anticipated adverse impacts to the pedestrian right-of-way or neighbouring properties.
Staff are of the opinion that the effects of the requested variance are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Planning staff is of the opinion that the proposed variance is desirable and appropriate as it will
support gentle intensification and create an additional housing unit on the subject lands.
Environmental Planning Comments:
No natural heritage concerns or tree management concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
change of use to a duplex is obtained prior to construction. Please contact the Building Division at
building(a)-kitchener.ca with any questions.
Page 89 of 278
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
To facilitate the proposed Additional Dwelling Unit (ADU), Transportation Services can support the
5 metre parking setback from the required 6 metres.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
ATTACHMENTS:
Attachment A — Site Survey with Driveway Dimensions
Page 90 of 278
SURVEYOR'S REAL PROPERTY REPORT, PART I
PLAN OF LOT 144, REGISTERED PLAN 1055
CITY OF KITCHENER
REGIONAL MUNICIPALITY OF WATERLOO
02 4 6 8 10 In
SCALE = I It 250 1 1 1 1 1 1 1 1 1 1 1
METR I C II DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND
CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048
GUENTHER RUEB SURVEYING LIMITED
NOTE t BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE E'Iy LIMIT
OF HICKSON DRIVE, AS SHOWN ON REGISTERED PLAN 1055, HAVING
A BEARING OF N 13.37' 30" E.
HICKSON ( REGISTERED PLAN 1055 )
P. 1. N. 22533 _OR VE0001
' REFERENCE BEARING '
N 13°37' 30" E
(VH) /SIB (U)
5— //- /%
March 29, 2023
Alison Fox
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (9) 58 KIT, 1200 FISCHER HALLMAN ROAD
Kitchener, ON N2G 4G7 BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 92 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 93 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 94 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 95 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 96 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 97 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: April 4, 2024
REPORT NO.: DSD -2023-178
SUBJECT: Minor Variance Application A2023-046 — 74 Carnaby Crescent
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2023-046 for 74 Carnaby Crescent requesting relief from
the following sections of Zoning By-law 2019-051:
i) Section 4.14.4 a) to permit a rear deck to have an easterly side yard setback of 0.9
metres instead of the minimum required 3 metres;
ii) Section 7.3, Table 7-6, to permit a building addition to have an easterly side yard
setback of 0.9 metres instead of the minimum required 3 metres; and
iii) to permit a Floor Space Ratio of 0.72 instead of the maximum permitted 0.6;
to facilitate the development of a four -unit multiple dwelling building on the subject property,
generally in accordance with drawings prepared by Brian R. Harnock, dated February 2023,
BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review and recommend approval minor variances to facilitate
the development of a four unit multiple dwelling building on the subject property.
• The key finding of this report is that the minor variances meet the four tests of the Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located near the intersection of Carnaby Crescent and Holborn Drive. The
neighbourhood is comprised of a mix of low, and mid -rise residential uses, and commercial and
institutional uses.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 98 of 278
Figure 1: Location Map - 74 Carnaby Crescent
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property
is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051
The purpose of the application is to permit the construction of an additional unit at the rear of an
existing three -unit building to allow for a four -unit multiple dwelling and attached deck with a side
yard setback of 0.9 metres instead of the minimum required 3.0 metres and an increased Floor
Space Ratio of 0.72 instead of the maximum permitted 0.6.
Figure 2: Front View of 74 Carnaby Crescent
Page 99 of 278
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' in the City of Kitchener's Official Plan. The
intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential
uses with up to a maximum floor space ratio of 0.75. Within this designation, emphasis is placed on
compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship
with adjacent buildings, streets, and exterior areas. The property is presently developed with a three
unit residential dwelling building. The proposed construction of an additional unit to permit a four unit
multiple dwelling with a reduced side yard setback and increased Floor Space Ratio of 0.72 is an
appropriate use on the residential property and compatible with the surrounding neighbourhood.
Therefore, planning staff is of the opinion that the requested variances meet the general intent of the
City's Official Plan.
General Intent of the Zoning By-law
The intent of the 3.0 metre side yard for four -unit multiple dwellings and attached decks is to ensure
there is adequate access to the rear and sufficient building setbacks to property lines. The westerly
setback exceeds the 3.0 metre side yard setback and provides adequate vehicular and pedestrian
access to the rear of the property while the reduced 0.9 metre easterly setback will provide an adequate
setback to the adjacent property. The intent of the maximum 0.6 Floor Space Ratio is to ensure that
the size of the building is appropriate relative to the size of the property and the built form is
compatible with the surrounding neighbourhood. The increase of floor space from 0.6 to 0.72 is
appropriate for the subject lands and compatible with the surrounding. Therefore, staff is of the opinion
that the reduction in the easterly side yard setbacks for the deck and addition and the increase in the
maximum permitted Floor Space Ratio meets the general intent of the zoning by-law.
Is the Effects of the Variance Minor?
The requested variance to allow the easterly side yard setback of 0.9 metres and increase Floor Space
Ratio of 0.72 is minor in nature. Staff is of the opinion that the requested reduction in setback and
increase in Floor Space Ratio will allow for the development of a four unit multiple dwelling that is
compatible with the existing use of the subject property and will not negatively impact any of the adjacent
properties or surrounding neighbourhood. The increase Floor Space Ratio and reduced side yard
setbacks will not be discernible and appropriate access will continue to be accommodated.
Is the Variance Desirable For The Appropriate Development or Use of the Land?
The variances are desirable and appropriate for the development and use of the land as they will
facilitate the development of an additional dwelling unit. The proposed scale, massing, and height of
the proposed addition to create the four -unit multiple dwelling is compatible with the existing building
on the property and will not negatively impact the present character of either the subject property or
the surrounding area.
Environmental Planning Comments:
Environmental Planning Staff have no concerns.
Heritage Planning Comments:
Heritage Planning Staff have no concerns.
Page 100 of 278
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the garage
and additional dwelling unit is obtained prior to construction. Please contact the Building Division at
buildinq_(aDkitchener.ca with any questions.
Engineering Division Comments:
Engineering staff have no concerns. If upgrades to existing services within the public right of way are
required, the City of Kitchener Off Site Works (OSW) process is to be followed. Any further enquiries in
this regard can be directed to Nolan Beatty, Engineering Technologist, nolan.beatty(a)kitchener.ca.
Parks/Operations Division Comments:
Parkland Dedication will be required for the fourth residential unit to be paid prior to the issuance of
the Building Permit.
There are existing City -owned street trees that may be impacted by the proposed development and
suitable arrangements including the submission and approval of a Tree Protection and Enhancement
Plan showing full protection for existing trees; an ISA valuation of City -owned trees and any required
securities or compensation for removed trees will be required to the satisfaction of Parks and
Cemeteries prior to the issuance of a Building Permit.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan (ROP)
• City of Kitchener Official Plan
• Zoning By-law 2019-051
ATTACHMENTS:
Attachment A — Concept Site Plan and Building Plans
Page 101 of 278
Figure 1
CONCEPT PLAN
74 Carnaby Cres, Kitchener
Project #2078 1 February 27, 2023 1 Drawn By DS
Page 102 of 278
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March 29, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(9) 58 KIT, 1200 FISCHER HALLMAN ROAD
BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 106 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 107 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 108 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 109 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 110 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 111 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
WARD INVOLVED: Ward 10
DATE OF REPORT: April 5, 2023
REPORT NO.: DSD -2023-162
SUBJECT: Minor Variance Application A2023-047 — 744 King Street East
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2023-047 for 744 King Street East requesting relief from:
i) Section 54.2.1 to permit a lot width of 12.2 metres instead of the minimum required
15.0 metres;
ii) Section 54.2.1 to permit a rear yard setback of 5.5 metres instead of the minimum
required 7.5 metres;
iii) Section 54.2.1 to permit a dwelling unit to be located on the ground floor of a mixed
use building, whereas the by-law only permits a dwelling unit on the ground floor of
a building only used a multiple dwelling;
iv) Section 5.3 to permit an obstruction in the corner and driveway visibility triangles,
whereas the by-law does not permit any obstruction greater than 0.9 metres in height;
v) Section 6.1.2 of Zoning By-law 85-1 to permit 0 parking spaces instead of the
minimum required 1 parking space per dwelling unit and 1 parking space per 20
square metres of commercial gross floor area; and
vi) Special Regulation 541R to permit a building height of 25.7 metres instead of the
maximum permitted building height of 19.5 metres
to facilitate the development of a mixed-use building in accordance with Site Plan Application
SP23/012/K/KA, BE APPROVED, subject to the following condition:
1. That at the sole option of the City Solicitor, the Owner shall enter into an agreement with
the City of Kitchener to be prepared by the City Solicitor and registered on title of the
subject lands (744 King Street East). In the agreement, the Owner shall agree to:
a) Include a provision in all rental or lease agreements advising tenants that units do
not include on-site parking, and that no on-site parking is available for visitors.
b) Provide a copy an executed GRT EasyGO Business Account Agreement with the
Region of Waterloo to the satisfaction of the City's Director of Planning, prior to
occupancy.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 112 of 278
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the construction
of a mixed-use building.
• The key finding of this report is that the requested variances meet the 4 tests of the Planning
Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 744 King Street East at the corner of King Street East and Stirling
Avenue North. The lands are currently vacant and the owner has proposed a mixed use development
containing 37 residential units and one commercial unit 57.5 square metres in size. Residential units
are studio apartments and range from 34 square metres to 47 square metres and are planned to be
rental units. The applicant is proposing to partner with a not-for-profit to operate 20% of the units (7
dwelling units) as affordable housing, and that the balance of the units would be priced at an
attainable market rate.
Figure 1: Location Map
Page 113 of 278
Figure 2: Photo of subject land (April 4, 2023)
uFigure 3: King Street East and Stirling Avenue North Conceptual Elevations
Page 114 of 278
The subject property is identified as `Major Transit Station Area" on Map 2 — Urban Structure in the
City's 2014 Official Plan and is designated `Mixed Use Corridor' on Map 10 — King Street East
Neighbourhood Plan for Land Use in the City's 1994 Official Plan.
The property is zoned `Medium Intensity Mixed Use Corridor Zone (MU -2), with Special Regulation
Provision 541 R' in Zoning By-law 85-1.
The proposed development has been considered by the Site Plan Review Committee and
conditional site plan approval was granted, subject to conditions, including approval of the required
variances. The purpose of the variance application is to permit a reduced lot width, a reduced rear
yard setback, permit an increased building height, permit residential units on the ground floor, reduce
the parking requirement to 0, and permit obstructions in corner and driveway visibility triangles.
The building has been designed to orient the at -grade commercial unit to King Street East, while
locating residential uses toward the rear. The building has been designed to step down towards the
nearby residential neighbourhood and respects a 0.6: 1 height transition required by the by-law (see
Figure 4), and a 45 degree angular plane to lands with residential zoning (see Figure 5).
Figure 4: Cross-section with Zoning Step -back
Page 115 of 278
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Page 115 of 278
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Figure 5: 45 Degree Angular Plan Analysis (from Residential Zone)
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject lands are designated `Mixed Use Corridor' in the King Street East Neighbourhood Plan
for Land Use under the 1994 Official Plan (OP). Mixed Use Corridors are intended to support a mix
of uses and to intensify overtime. Development should be compatible with and of an appropriate
height and density in relation to nearby low rise residential neighbourhoods. A maximum Floor Space
Ratio of 4.0 is permitted and the proposal complies with the by-law in this regard. The subject lands
are also located in a Major Transit Station Area (MTSA) in the 2014 OP. MTSA's provide a focus
for accommodating growth through development to support existing and planned transit and rapid
transit service levels. Developments within MTSA's provide connectivity of various modes of
transportation to the transit system and have streetscapes and a built form that is pedestrian -friendly
and transit oriented.
OP policy 4.C.1.8 requires that when minor variances are requested to facilitate residential
intensification or redevelopment, the variances will be reviewed in consideration of an appropriate
transition in massing and scale, compatibility, screening or buffering to help protect privacy, that the
lands can function appropriately and not create unacceptable adverse impacts by providing an
appropriate number of parking spaces and appropriate landscape/amenity areas. These items are
Page 116 of 278
considered by staff throughout the review of the requested variances and through the Site Plan
Approval Process.
The general intent of OP policies is to permit development that will support intensification at a density
and with a mix of uses that are transit supportive, provide housing (including affordable housing),
while also providing for an appropriate transition to nearby stable neighbourhoods, and to provide
parking at a rate which is appropriate. Staff is of the opinion that the proposed variances, support a
development that maintains the general intent of Official Plan policies. The building has been
designed to transition and step down towards the neighbourhood. A retaining wall with privacy
fencing is proposed along the rear lot line, which will effectively screen the loading area, and help to
protect privacy of neighbouring lands. Staff is of the opinion that given the close proximity of transit
(including ION and bus transit), the affordable nature of the units, the provision of one (1) Class A
bike storage space per unit, and the provision of an on-site loading/service space, the proposed
parking reduction is appropriate for the site. Staff is of the opinion that the intent of the Official Plan
is maintained.
General Intent of the Zoning By-law:
a) minimum lot width of 12.2 metres, whereas the by-law requires 15.0 metres;
The intent of the minimum lot width is to ensure a lot that is large enough for the permitted uses.
The subject lot is existing and is currently 14.6 metres wide. Stirling Avenue North is required to be
widened through the Site Plan process. If the lot were to have complied with the minimum lot width
of 15 metres today, then the variance would not be required as zoning regulations permit a reduced
lot width where lands are dedicated for a widening. However, as the lands are currently non-
conforming this regulation does not apply. The proposed building has been designed to
accommodate for the narrowness of the lot. The commercial facade addresses both street frontages
with the active commercial use, entrance doors, and windows, and exceeds the required minimum
interior side yard setback. The Building has also been considered in the context of the City's Tall
Building Guidelines, which generally apply to high-rise buildings greater than 8 storeys in height.
The subject development is located close to the interior lot line, however, has been designed in such
a way that a mid -rise or tall building could be constructed on adjacent lands without having overlook
impacts. The side elevation includes articulation; however, windows and balconies are directed to
the front and rear facades, allowing for a future building to also be located close to the interior side
yard.
The building is proposed to be setback 0 m from the street lines, which complies with zoning
regulations and is appropriate in an urban context. Building entrances and doors will be recessed to
avoid encroachment of door swings. Transportation staff note, that while widenings are being taken,
it is unlikely that travel lanes will be expanded. Future improvements to the right-of-way would likely
be cycling improvements and enhancements to the sidewalk and streetscaping. In the interim, the
applicant will be required to provide landscaping/hardscaping between the building and the existing
sidewalk through the Site Plan process. Staff is of the opinion that the lot is of sufficient width for the
proposed building, and therefore the intent of the by-law is maintained.
b) minimum rear yard setback of 5.5 metres, whereas the by-law requires 7.5 metre
The intent of the minimum rear yard setback is to provide separation distance between uses and to
accommodate for site service functions. The rear yard area accommodates for Class B bike parking
(outdoor bike racks), a service driveway, deep well garbage collection area, and a landscaped
setback. The subject lands are lower than neighbouring lands, and a fence/retaining wall will help to
provide additional privacy and screening to the neighbouring property which is at a higher elevation.
Staff also note that while the neighbouring lands contain a dwelling, they are also zoned `Medium
Intensity Mixed Use Corridor Zone (MU -2)' and if the subject lands were oriented differently and this
Page 117 of 278
yard was an internal side yard no setback would be required. Staff is of the opinion that the intent of
the by-law is maintained.
c) to allow a dwelling unit on the ground floor of a mixed use building, whereas the by-law only
permits a dwelling unit on the ground floor of a building only used a multiple dwelling
The intent of this regulation is to ensure active uses are provided at grade in a mixed use building.
The building includes a retail unit at grade oriented toward the intersection of King Street East and
Stirling Avenue North. The fagade design provides for windows and doors to be oriented the streets.
The subject units are located towards the rear of the site and are located partially below grade and
on a raised first storey. Orienting the residential units towards the residential area is considered an
appropriate transition. Staff is of the opinion that as the primary facades contain active uses and that
the intent of the by-law is maintained.
d) to allow an obstruction in the corner visibility triangle (CVT) and driveway visibility triangle (DVT),
whereas the by-law does not permit any obstruction greater than 0.9 metres in height;
The intent of this regulation is to protect visibility for vehicles entering and exiting driveways and
turning corners.
Zoning By-law 85-1 requires a CVT of 7.5 x 7.5 metres. With respect to the CVT the building has
been designed with an angled corner preserving a 2.5 x 2.5 metre CVT at grade — staff note that
upper storeys of the building project, however this is above the ground floor and considering the
commercial ground floor height of about 4.5 metres would not obstruct driver visibility. Staff note that
this CVT will be setback an additional 3.8 metres from the current King Street East right-of-way and
2.4 metres from the current Stirling Avenue North right-of-way. The widening area, together with the
angled corner result in a visibility area that exceeds the CVT requirement. Transportation staff have
considered the proposal and are of the opinion that the proposed CVT will allow for appropriate
visibility to oncoming vehicular and pedestrian traffic.
With respect to the DVT, Zoning By-law 85-1 requires a 4.5 x 4.5 metre DVT. Staff note that new
Zoning By-law 2019-051 recognizes the planned intensity and compact nature in Mixed Use zones
and does not require a driveway visibility triangle. Transportation staff have reviewed the site design
and are satisfied that the proposed service driveway will be able to function appropriately and safely,
and that the obstruction in the DVT is acceptable. It is noted that the oncoming traffic from the closest
travel lane is from the north and that visibility of this traffic is not obstructed. Further the sidewalk is
setback beyond the future road widening, preserving the view of pedestrian traffic. Staff is of the
opinion that the intent of the by-law is maintained.
e) to permit 0 parking spaces, whereas the by-law requires 1 parking space per dwelling unit and 1
parking space per 20 square metres of commercial gross floor area;
The intent of parking regulations is to provide an appropriate amount of parking for proposed uses.
The applicant is proposing to provide 0 parking spaces for the subject development whereas the
regulations of By-law 85-1 require 39. A Parking Justification Study has been submitted in support
of the application and has been reviewed by Transportation staff. The Parking Justification Study
identifies that the site is located in close proximity to an ION Station (Borden station within 280
metres), several bus routes, and is well located to take advantage of cycling infrastructure. Several
Transportation Demand Management measures are proposed including a minimum of one secure
and weather protected bike parking space per dwelling unit. This will include in unit vertical storage
facilities, and a secure bike room which can accommodate larger bicycles (e.g., cargo bikes and
bikes with trailers). The applicant is proposing to provide subsidized transit passes for all occupants
for the first two years, and educational transit materials for tenants. Further, staff observe that there
is opportunity for short-term on -street parking in close proximity on nearby local roads within about
200 metres, including on Stirling Avenue North, King Street East, Fairview Avenue and Pandora
Avenue North and South. All the units are designed as rental studio units and will be professionally
Page 118 of 278
managed. Staff recommend that as a condition of the minor variance the owner be required to
register an agreement on title through a Minor Variance Agreement, under section 45 (9.1) of the
Planning Act, requiring that the Owner advise future tenants that there is no parking available on the
site, and to commit to providing subsidized transit passes. Staff is of the opinion that registering
these requirements on title is useful to ensure implementation of the TDM measures, and to ensure
that future residents are made aware that no parking will be available.
The subject development is also proposed to consist of affordable and attainable micro -units all
having floor areas less than 51 m2. Staff is of the opinion that the affordability levels of micro -units
may be attractive to residents who do not require vehicle parking, and not providing parking may
help to further improve affordability. Staff observe that there is on -street parking available in the
surrounding area for visitors, as well as good access to transit, cycling and pedestrian modes of
transportation. An on-site loading space is provided which will accommodate garbage pick-up,
moving trucks, service vehicles and short term drop-off and deliveries (including commercial
deliveries). Based on the foregoing, staff is of the opinion that the proposed parking reduction meets
the intent of the by-law, which is to provide an appropriate amount of parking for the proposed use.
f) to allow a building height of 25.7 metres, whereas the by-law permits a maximum of 19.5 metres.
The intent of the maximum height regulation in the zoning by-law is to limit heights so that the built
form is compatible with nearby land uses, and so that the effects of overlook and shadows are
minimized.
The zoning by-law establishes a transition in height using two metrics: maximum overall height and
an angular plane which steps down to neighbouring lands having a residential zone. Staff note that
while lands immediately adjacent to the subject site contain a low-rise dwelling, the lands are also
zoned `MU -2' (see Figure 1) and are excluded from the step -backs to the residential zone. The
zoning by-law permits a maximum height of 12.5 metres within 16 metres of a residential zone and
permits an additional metre in height for every additional 0.6 metres in setback (as illustrated in
Figure 4). This angular plane is respected by the proposed built form, including the 7t" and 8t" storeys
which exceed 19.5 metres in height. The building has also been designed to respect a 45 degree
angular plane from the first house in the residential zone. The 45 degree angular plane is a useful
metric to evaluate a transition in heights in order to protect access to light (minimize shadow impacts)
and minimize overlook as higher storeys are setback further. As is shown in Figure 5 the proposed
built form respects a 45 degree angular plane. A Shadow Study completed for the subject proposal
(see Attachment 1) demonstrates that shadow impacts to surrounding residentially zoned lands are
limited during the spring, summer and fall, and mainly affect other Mixed Use lands.
Staff also note that the subject lands were included in the Neighbourhood Planning Review (NPR)
for King Street East. (Note: the Neighbourhood Planning Review has been incorporated into the
City's Growing Together Project which will further consider land use designations and zoning
regulations that respond to new Provincial direction and new Regional Policies for MTSAs). Through
the NPR, staff recommended a Medium to Highrise Mixed Use Three (MIX -3) Zone. This zoning
contemplated stepping building heights from 12 metres within 15 metres of a residential zone, up to
a maximum height of 26 metres and 8 storeys. The regulations contemplated a higher built form in
the MTSA than the current zoning, however, maintain the concept of a transition from the greatest
height near the street to lower heights in close proximity to low-rise residential uses. Like the current
regulations the zoning results in a compatible built form, with height transitions to the surrounding
neighbourhood, while permitting transit supportive urban densities. The proposed variance complies
with the regulations proposed through the NPR.
Staff is of the opinion that the proposed variance to building height will result in a development that
is compatible with nearby land uses and where the effects of shadow and overlook are minimized.
Based on the foregoing staff is of the opinion that the intent of the by-law is maintained.
Page 119 of 278
Are the Effects of the Variances Minor?
Staff is of the opinion that the effects of the variances are minor. The subject lands are proposed to
be developed with a mixed use building that is compatible with and provides an appropriate transition
to neighbouring lands. The increased building height is directed towards King Street East, and away
from the established neighbourhood, and the proposed stepbacks minimize additional shadow
impacts and overlook of the additional storeys. The building has been designed to accommodate for
a narrow lot width, and the facades address both streets while not encroaching. Active uses are
provided along King Street East frontage and along Stirling Avenue North nearest the intersection,
transitioning to ground floor and below grade residential units towards the neighbourhood. This
treatment provides for an appropriate streetscape. Staff is of the opinion that the proposed micro-
units can be appropriately managed, and transportation demand management measures
implemented so that on-site parking is not required. Sufficient secure bicycle storage has been
incorporated into the unit and building design, and the proposed loading space will accommodate
day-to-day service vehicles. Transportation services staff are of the opinion that the obstructions in
the CVT and DVT will not be a safety concern.
Are the Variances Desirable for The Appropriate Development or Use of the Land, Building and/or
Structure?
The proposed development provides for 37 small residential units, including 20% which are
contemplated to be affordable housing, mixed with market rent attainable housing. The development
is located in an MTSA and in proximity to ION rapid transit and several bus routes. The site is
conveniently located to the cycling network, and in a pedestrian friendly area. The proposed
development provides for a building that is appropriate in a MTSA, and transitions to a low-rise
residential neighbourhood and will contribute the City's Housing Pledge. Staff is of the opinion that
the variances are desirable for the appropriate development and use of the lands.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
mixed-use building is obtained prior to construction. Please contact the Building Division at
building(alkitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No Concerns. Parks and Cemeteries requirements will be addressed through SP23/012/K/KA.
Transportation Planning Comments:
Transportation Services has reviewed the Parking Study and Access and Circulation Review
(January 2023) prepared by Paradigm Transportation Solutions Limited. The report was submitted
to reduce the number of required parking spaces to zero (0) for the proposed 37 -unit development.
Based on the intent of the development to provide below-market rate rental units, provide secured
bike parking and close proximity to multiple transit options and cycling infrastructure, Transportation
Services can support the request to reduce the number of required parking spaces to zero (0) for
this development.
Page 120 of 278
There has also been a request to permit encroachments into the Corner Visibility Triangle (CVT) and
the Driveway Visibility Triangle (DVT).
The intersection of King Street East and Stirling Avenue North is an existing signalized intersection
with concrete sidewalk and boulevard, coupled with the road widening being taken along the King
Street East frontage, adequate sightlines can be maintained for the proposed encroachment into the
CVT.
Also, a road widening is being taken along the Stirling Avenue North frontage that will also provide
improved sightlines for the loading space and provide adequate space between the portion of the
building encroaching into the DVT and the existing sidewalk for a driver exiting the site to see any
approaching pedestrians or vehicular traffic.
Therefore, due to the road widenings being taken along both streets, Transportation Services can
support the encroachments into the CVT and DVT.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 85-1
ATTACHMENTS:
Attachment 1 — Shadow Study
Page 121 of 278
IIIIIIIIIII
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March 29, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(9) 58 KIT, 1200 FISCHER HALLMAN ROAD
BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 123 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 124 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 125 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 126 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 127 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 128 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD INVOLVED: Ward 6
DATE OF REPORT: April 6, 2023
REPORT NO.: DSD -2023-184
SUBJECT: Minor Variance Application A2023-048 - 1200 Fischer Hallman Road
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2023-048 for 1200 Fischer Hallman Road requesting relief
from Section 6.1.2 a) of Zoning By-law 85-1, to permit a parking requirement of 0.91 parking
spaces for each dwelling unit, (285 parking spaces), instead of the minimum required 1
parking space for each dwelling unit, (313 spaces), to facilitate the development of a mixed-
use building, in accordance with Site Plan Application SP22/169/F/AP, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance to permit a slightly reduced parking ratio
to facilitate the development of 34 -storey mixed-use building.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located at the northeast corner of Bleams Road and Fischer Hallman Road.
The property is located at the gateway to the Rosenberg Planning Community, which is undergoing
significant development growth.
The subject lands are presently undeveloped. The property is subject to a site plan application which
is nearing conditional approval and which proposes a 34 -storey mixed-use building with 312 square
metres of ground floor commercial space and 313 dwelling units within the 33 -storeys above (Site
Plan Application SP22/169/F/AP). All parking is proposed to be contained within the building in the
form of one level of underground parking and six levels of structured parking.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 129 of 278
The lands to the north and east are subject to a Site Plan Application which has been conditionally
approved to develop 96 stacked townhouse units and 42 cluster townhouse units (SP23/006/F/AP).
Lands further to the east (minimum 118 metres) are part of the Country Hills West Planning
Community and comprise mainly low rise residential development.
The lands on the opposite side of Bleams Road are subject to a Site Plan Application that is nearing
conditional approval which proposes a 13 -storey residential building containing 202 dwelling units.
Lands on the opposite side of Fischer Hallman Road are developed with several 1 -storey commercial
buildings and are zoned `Convenience Commercial Zone (C-1)' in By-law 85-1 (same as the subject
property). The properties at the southwest corner of Bleams Road and Fischer Hallman Road are
designated in the Rosenberg Secondary Plan for High Density Residential and Medium Density
Residential land uses.
The subject property is identified as `Corridor' on Map 22a — Community Structure Plan and is
designated `Mixed Use Two' on Map 22e — Land Use Plan, within the Rosenberg Secondary Plan.
The property is zoned `Convenience Commercial Zone (C-1)' in Zoning By-law 85-1. At this time, the
Rosenberg Secondary Plan is not subject to Zoning By-law 2019-051.
The purpose of the application is to reduce the parking requirement from 1 parking space for each
dwelling unit, (313 spaces), to 0.91 parking spaces for each dwelling unit, (285 spaces), to facilitate
the development of the aforementioned mixed-use building.
Planning staff visited the site on January 15, 2023.
Figure 1 — Aerial view of subject property (outlined in white)
Page 130 of 278
Figure 2 — Image looking northwest towards the subject property from 1295 Bleams Road /
1250 Fischer Hallman Road.
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
It must be noted that the Planning Act test to examine whether the general intent and purpose of the
Official Plan is maintained relates to whether the general intent and purpose is maintained with
respect to the variance itself, not the land use or development which might be facilitated by the
variance.
In this case, the property was designated as Mixed Use Two through the Ontario Municipal Board's
(now Ontario Land Tribunal) approval of the Rosenberg Secondary Plan (RSP). The Mixed Use Two
designation permits a maximum Floor Space Ratio (FSR) of 4.0 and a maximum building height of
10 storeys (note that additional building height up to a maximum of 14 storeys may be considered
provided certain criteria are satisfied and subject to approved studies and drawings).
The City has not yet undertaken an exercise to comprehensively rezone the lands within the RSP
area to implement the RSP. Accordingly, the current zoning within the RSP area has not yet been
aligned with the land use designations of the more recent RSP. This also applies to subject site,
which is zoned C-1.
However, the Zoning By-law ultimately regulates the characteristics of a development proposal
undergoing the Site Plan process, not Official Plan policies. In this case, the C-1 Zone does not
prohibit the proposed use of the land for a 34 -storey mixed-use building with a FSR of 10.2, despite
RSP's policies which specify a maximum building height of 10 storeys and an FSR of 4.0. In fact,
the 'C-1' Zone does not possess any building height or FSR restrictions.
Regarding the requested variance for a parking reduction, the Official Plan test must review whether
the general intent and purpose of the Official Plan with respect to the requested variance is
maintained, not the general intent and purpose with respect to the proposed height, massing, or any
other parameter referenced in the Official Plan.
Page 131 of 278
In this regard, the Rosenberg Secondary Plan and 2014 Official Plan outline several applicable
policies that relate to parking, such as:
Rosenberg SecondaryPlan:
13.10.2.8.2.10 The implementation of Transportation Demand Management measures shall be
considered as part of every application for new development or redevelopment
within the Secondary Plan area
13.10.3.2.1.10. To further encourage transit supportive development in the Mixed Use
designation, the City will consider incentives for Mixed Use properties within 450m
of a transit stop on Fischer Hallman Road such as: i. Reducing parking
requirements...
2014 Official Plan;
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested,
proposed or required to facilitate residential intensification or a redevelopment of
lands, the overall impact of the special zoning regulation(s) or minor variance(s)
will be reviewed, but not limited to the following to ensure, that: ... e) The lands can
function appropriately and not create unacceptable adverse impacts for adjacent
properties by providing both an appropriate number of parking spaces and an
appropriate landscaped/amenity area on the site.
13.C.7.4. The City will consider reduced parking requirements for development and/or
redevelopment in accordance with Policy 13.C.8.2 where a comprehensive
Transportation Demand Management Report is submitted to the satisfaction of
the City.
13.C.8.2. The City may consider adjustments to parking requirements for properties within
an area or areas, where the City is satisfied that adequate alternative parking
facilities are available, where developments adopt transportation demand
management (TDM) measures or where sufficient transit exists or is to be
provided.
In response to these policies, Planning staff advise that the subject property is located on two local
transit routes (Routes #12 and #33). Additionally, the property is within 500 metres of an Npress
route, which may be rerouted in the future to serve the Rosenberg community, including the subject
property, as it develops.
A Parking Study and Access and Circulation Review, prepared by Paradigm Transportation
Solutions, dated March 2023 was submitted in support of the parking reduction variance. The report
outlines several proposed Transportation Demand Management measures, including:
Internal sidewalks with connections to the existing municipal multi -use trails.
• 165 bicycle parking spaces on-site including 158 indoor, secure spaces and 7 outdoor
spaces.
Access to multiple bus transit routes that provide good connectivity to the broader network
and access to major destinations.
• Parking unbundled from the sale/rent agreement of each unit.
• Bicycle parking provided beyond the minimum 2019-051 Zoning By -Law requirement.
• Provision of car share vehicles and dedicated parking spaces in a priority location.
• Provision of subsidized transit passes for all occupants for a period of two years.
Page 132 of 278
Transportation Services has reviewed the aforementioned report and agrees with the findings which
recommend support of the parking reduction (see below for detailed comments).
Accordingly, Planning staff is of the opinion that the requested variance for a parking reduction meets
the general intent and purpose of the Rosenberg Secondary Plan and 2014 Official Plan.
General Intent of the Zoning By-law
The purpose of the parking regulations contained within of Section 6.1.2a) of By-law 85-1 is to ensure
that sufficient on-site parking is provided to support land uses. As noted in Policy 13.C.7.4, above,
"the City will consider reduced parking requirements for development and/or redevelopment in
accordance with Policy 13.C.8.2 where a comprehensive Transportation Demand Management
Report is submitted to the satisfaction of the City." In this case, such a report has been submitted
thatjustifies a reduced parking ratio. In this regard, Planning staff is satisfied that requested variance
meets the general intent and purpose By-law 85-1.
Are the Effects of the Variance Minor?
Planning staff is of the opinion that the requested variance is minor in that it is not anticipated to
cause unacceptably adverse impacts on adjacent properties. Transportation Services staff confirms
that the supporting documentation provided with the application justifies the requested parking
reduction. Adequate on-site parking will be provided for both residents, visitors, and customers.
Is the Variance Desirable for the Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variance will facilitate a use/development that fully complies with the `C-1' Zone
(except for parking). The proposal will provide a significant amount of housing in the form of high-
density, multiple residential development, which is important during the present housing crisis and
which will support the City's Housing Pledge. Moreover, the proposed mixed-use development will
assist in creating complete community. Through the Site Plan process, Planning staff will work with
the developer to achieve a high level of urban design. Planning staff is of the opinion that the variance
is desirable for the appropriate development of the land.
Environmental Planning Comments:
There are no natural heritage concerns or tree management concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the mixed-
use building is obtained prior to construction. Please contact the Building Division at
building(a)kitchener.ca with any questions.
Engineering Division Comments:
No comments or concerns.
Parks/Operations Division Comments:
No concerns; no comments (Parks and Cemeteries requirements will be addressed through Site
Plan Application SP22/169/F/AP).
Transportation Planning Comments:
After reviewing the Parking Study and Access/Circulation review submitted (March 2023) by
Paradigm Transportation Solutions Limited, Transportation Services is of the opinion that the
proposed residential vehicle parking ratio of 0.91 parking spaces per unit is acceptable for the
proposed 313 units. Of the 286 parking spaces being provided, a minimum 32 parking spaces must
Page 133 of 278
be allocated for the visitor parking. The 32 parking spaces represents approximately 10% of the
number of units being proposed.
Regional Municipality of Waterloo Comments:
No concerns.
Grand River Conservation Authority Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Rosenberg Secondary Plan
• Official Plan (2014)
• Zoning By-law 85-1
• Site Plan Application SP22/169/F/AP
ATTACHMENTS:
Attachment A Proposed Site Plan drawing included with Minor Variance Application (under
review)
Page 134 of 278
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04
March 29, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(9) 58 KIT, 1200 FISCHER HALLMAN ROAD
BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 136 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 137 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 138 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 139 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 140 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 141 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: April 5, 2023
REPORT NO.: DSD -2023-180
SUBJECT: Minor Variance Application A2023-049 — 37 Manitou Drive
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2023-049 for 37 Manitou Drive requesting:
i) Permission under section 45(2)(a)(ii) of the Planning Act to permit a legal non-
conforming lot in the 'EMP -2' zone to be used for a Tradesperson or Contractor's
Establishment;
ii) Relief from Section 10.3, Table 10-2, of Zoning By-law 2019-051 to permit an interior
side yard setback of 0.8 metres and 0.9 metres instead of the minimum required 1.5
metres for covered structures;
to facilitate and recognize the use of a legal non -conforming lot for a Tradesperson or
Contractor's Establishment and the location of buildings/structures thereon, in accordance
with Site Plan Application SP22/022/M/SRM, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review an application to legalize an existing Tradesperson or
Contractor's Establishment at 37 Manitou Drive.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the west side of Manitou Drive, north of Bleams Road. The subject
site does not have frontage onto Manitou Drive and is accessed by a private road.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 142 of 278
Figure 1: Location of Subject Property
Figure 2: View of Existing Covered Structure (March 17, 2023)
Page 143 of 278
Figure 3: View of Existing Kiosk (March 17, 2023)
Figure 4: View of Laneway towards Manitou Drive (March 17, 2023)
Page 144 of 278
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Figure 5: Site Plan Drawing
The subject property is identified as `Industrial Employment Area' on Map 2 — Urban Structure and
is designated `General Industrial Employment' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `General Industrial Employment Zone (EMP -2)' in Zoning By-law 2019-051.
The purpose of the application is to legalize an existing Tradesperson or Contractor Establishment
on the subject lands. The subject lands contained a single detached dwelling that was demolished
in 2017. Since then, it has been used as a Tradesperson or Contractor Establishment for a business
that distributes soil, road salt, gravels, mulch etc. While the use of Tradesperson or Contractor's
Establishment is permitted in the current zoning by-law, the lot itself is considered legal non-
conforming because it does not have frontage onto a public road. Access is provided from a private
road.
Two canopy structures were erected to store product (see figure 2). They are located 0.8 metres
and 0.9 metres from the interior side property lines rather than the required 1.5 metres. The applicant
is seeking relief from the minimum side yard setback to request to keep them in situ.
Site Plan Application SP22/022/M/SRM identified the requirements for relief from the Zoning By-law
and permission from the Committee of Adjustment. The site plan is currently under review.
REPORT:
Planning Comments:
Legalize the Lot
The applicant is requesting to permit the use of a Tradesperson or Contractor's Establishment on a
non -conforming lot under section 45(2)(a)(ii) of the Planning Act. The lot is considered legal non-
conforming because it does not have frontage onto a public road. The Committee can consider the
Page 145 of 278
use of such land, building or structure for a purpose that, in the opinion of the committee, is similar
to the purpose for which it was used on the day the by-law was passed or is more compatible with
the uses permitted by the by-law.
Case law sets out the tests to be applied by the Committee of Adjustment in considering applications
under Section 45(2)(a)(ii). It should be noted that the test to be applied is not the four-part test for
minor variances under Section 45(1) but rather whether the approval of the application:
1. Is in the public interest; and
The application is in the public interest as it will allow a property/lot to be used for a General Industrial
purposes. A use permitted by the Official Plan and Zoning By-law.
2. Creates unacceptable or adverse impact upon abutting properties.
The minor variance will not cause unacceptable or adverse impact on abutting properties as they
are also designated and zoned `General Industrial Employment Zone (EMP -2)' and permit similar
and compatible uses.
Planning staff is supportive of the request to legalize the use of the lot for a Tradesperson or
Contractor's Establishment and is satisfied that access can be provided from the private road.
Side Yard Setbacks:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject lands are designated `General Industrial Employment' in the City's Official Plan. The
intent of this land use designation is to provide a broad range of industrial uses, and to ensure that
development and maintenance of industrial employment areas will occur within a balanced
consideration of social, economic, and environmental interests, demands, and constraints. The
Official Plan states that the City shall provide a municipal environment, including the necessary
infrastructure, and policies that encourages the establishment, retention, and expansion of industrial
employment uses. In the opinion of Planning Staff, the subject application will facilitate the retention
of an industrial employment use on the subject lands and therefore meets the general intent of the
Official Plan.
General Intent of the Zoning BV -law
The intent of the 1.5 metre interior side yard setback regulation in the EMP -2 zone is to provide for
adequate building separation and to provide for pedestrian access. The regulation is designed for a
building occupied by employees (such as a factory or warehouse), in which employees could
enter/exit doors leading to the side yard for access or to exit in case of a fire emergency. The
buildings on the subject lands that are the subject of this application are a type of canopy structure
that are not occupied by employees. Rather, they are used to cover the product (soil, road salt) from
the elements. The requested reduction to interior side yard setback is not expected to affect
pedestrian access to and from the building as they are open structures and are not occupied by
employees. Therefore, Staff is of the opinion that the requested variances for side yard setback from
1.5 metres to 0.8 metres on the south side, and 0.9 metres on the east side meets the general intent
of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The canopy structures are existing and have not been known to cause adverse impacts or effects to
adjacent lands. The small reduction in interior side yard setback is not expected to cause any future
Page 146 of 278
adverse impacts to the use of adjacent lands, or functionality of any surrounding uses. Therefore,
Staff consider the effects of the variance to be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The lands are zoned and designated for industrial employment, in which a Tradesperson or
Contractor Establishment is permitted. The requested variance is desirable to facilitate the continued
use of the lands and is considered appropriate for the use of the lands.
Environmental Planning Comments:
No Natural Heritage concerns or Tree Management concerns.
Heritage Planning Comments:
No Heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No Engineering Concerns.
Parks/Operations Division Comments:
No Parks/Operations concerns. Parks requirements will be addressed through Site Plan Application
SP22/022/M/SRM
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 147 of 278
March 29, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(9) 58 KIT, 1200 FISCHER HALLMAN ROAD
BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 148 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 149 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 150 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 151 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 152 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 153 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Ben, Brummelhuis, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: April 6, 2023
REPORT NO.: DSD -2023-148
SUBJECT: Minor Variance Application A2023-050 — 92 Arnold Street
RECOMMENDATION:
That Minor Variance Application A2023-050 for 92 Arnold Street requesting relief from Section
7.3, Table 7-2, of Zoning By-law 2019-051, to permit a front yard setback of 3 metres instead
of the minimum required 6.55 metres, to facilitate the enclosure of an existing covered front
porch into living space, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance to permit a front yard setback of 3
metres to facilitate the enclosure of an existing front porch into a mud room.
• The key finding of this report is the minor variance meets the four tests of the Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located west of the intersection of Arnold Street and Lancaster Street West,
and south of Arnold Park and contains a one and a half storey single detached dwelling.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 154 of 278
Figure 1 — Aerial Photo of the Subject Property
The subject property is identified as `Community Area' on Map 2— Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051.
The purpose of the application is to review a minor variance application to permit the enclosure of
an existing covered porch into a mud room. The subject property currently has a covered porch that
projects into the front yard. The applicant is proposing to enclose the existing porch and convert the
space into a mud room. The applicant took extensive measures to search for an accurate survey of
the subject property but was unsuccessful. Staff used all available tools to determine an estimate of
the abutting property's setbacks and the existing location of the front porch from the front property
line. Upon review of the estimate, additional leniency was provided in the requested setback
reduction to accommodate for any errors in calculation using this tool.
Page 155 of 278
Abutting Property's Setbacks
Figure 2 — Setbacks of Abutting Lands
Staff visited the subject property on March 29, 2023.
Figure 4 — View of Site (March 29, 2023)
Page 156 of 278
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Figure 4 — View of Site (March 29, 2023)
Page 156 of 278
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' on Map 3 — Land Use. The intent of the
Low Rise Residential designation is to permit a variety of low density residential uses with an
emphasis on compatibility with the built form, height, massing, scale, and design. The Low Rise
Residential policy supports a cohesive relationship of the principal buildings with the streets and
within the neighbourhood. The subject property is a single detached home, similar in height,
massing, scale, and design to the surrounding neighbourhood. Therefore, the requested variance to
enclose the covered front porch meets the general of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation that bases a minimum and maximum front yard setback on the setbacks
of the adjacent properties is to ensure that new developments and front yard additions do not disrupt
the character of an established neighbourhood with a consistent streetscape. The proposed
enclosure will not adversely impact the consistency of the building line of the streetscape and the
surrounding neighbourhood as the setback of the front porch is already existing and established.
Therefore, the requested variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The established front yard setback of the covered front porch is not changing. The proposed
enclosed porch area will still maintain an adequate front yard setback, similar to the abutting
properties. Therefore, the effects of the variance are considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variance to enclose a covered front porch is appropriate and desirable as it will facilitate
additional living space, a mud room, to the existing dwelling. Therefore, staff are of the opinion that
the variance is appropriate for the use of the land and building on the subject property.
Environmental Planning Comments:
Environmental Planning has no natural heritage concerns or tree management concerns.
Heritage Planning Comments:
Heritage Planning has no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit to enclose
the existing porch is obtained prior to construction. Please contact the Building Division at
buildinq_(a(a�kitchener.ca with any questions.
Engineering Division Comments:
Engineering has no concerns.
Parks/Operations Division Comments:
Parks and Operations has no concerns.
Page 157 of 278
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
GRCA Comments:
GRCA has no concerns.
Region of Waterloo Comments:
The Region of Waterloo has no concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 158 of 278
March 29, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(9) 58 KIT, 1200 FISCHER HALLMAN ROAD
BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 159 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 160 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River
Page 161 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 162 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 163 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 164 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Kieran, Luckhai, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: April 5, 2023
REPORT NO.: DSD -2023-146
SUBJECT: Minor Variance Application A2023-051 — 110 Clark Avenue
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2023-051 for 110 Clark Avenue requesting relief from Table
7-2 of Zoning By-law 2019-051 to permit a front yard setback of 5.5 metres instead of the
minimum required 9.5 metres to permit the construction of a 1 storey addition, 13 square
metres in area, at the front of the existing single detached dwelling in accordance with the
drawings prepared by Caryndale Contracting, JR Design and Consultants, Rob Sajkunovic,
dated July 2022, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance requesting relief from Table 7-2 of
Zoning By-law 2019-051 to permit a front yard setback of 5.5 metres instead of the minimum
required 9.5 metres to permit the construction of a 1 storey addition, 13 square metres in area,
at the front of the existing single detached dwelling.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Clark Avenue, within the Vanier neighbourhood.
The surrounding context of the subject property is primarily comprised of low rise residential uses.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 165 of 278
The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051.
The applicant is requesting relief from Table 7-2 of Zoning By-law 2019-051 to permit a front yard
setback of 5.5 metres instead of the minimum required 9.5 metres to permit the construction of a 1
storey addition, 13 square metres in area, at the front of the existing single detached dwelling.
City Planning staff conducted a site inspection on March 29, 2023.
Figure 1: Location Map: 110 Clark Avenue
Figure 2: Front View of 110 Clark Avenue
Page 166 of 278
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject lands are designated `Community Areas' on Maps 2 — Urban Structure and designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent of the Low
Rise Residential designation is to accommodate a variety of low-density residential uses. The
requested variance to permit the construction of a front addition is compatible in scale, massing,
design and character with the adjacent properties and is in keeping with the character of the
streetscape. The variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation that calculates front yard setback on the average setbacks of the 2
abutting lots (based on the Residential Intensification within Established Neighbourhoods Study) is
to preserve consistent building lines within established neighbourhoods and to ensure that
development does not negatively affect the consistent building line on a street or the streetscape.
The requested variance will result in a front yard setback that will still be consistent with several
houses along Clark Avenue. The proposed addition will not adversely impact the consistency of the
building line along the streetscape and of the surrounding neighbourhood. Therefore, the requested
variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed setback will be compatible with the streetscape and will still provide an adequate front
yard open space, maintaining site functionality. Staff are of the opinion that the effects of the
requested variance are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variance is desirable and appropriate as it will permit the enlargement of the existing
single detached dwelling to better accommodate the current owner's requirement for their family. It
is also desirable and appropriate as the proposed addition will maintain the character of the
streetscape and be compatible with the existing low rise built form of the property and the
surrounding neighbourhood.
Environmental Planning Comments:
No natural heritage concerns or tree management concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit Application has
been made for the front yard addition and it is currently under review.
Engineering Division Comments:
No concerns.
Page 167 of 278
Parks/Operations Division Comments:
There are existing City -owned street trees that may be impacted by the proposed development and
suitable arrangements including the submission and approval of a Tree Protection and Enhancement
Plan showing full protection for existing trees; an ISA valuation of City -owned trees and any required
securities or compensation for removed trees will be required to the satisfaction of Parks and
Cemeteries prior to the issuance of a Building Permit.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
ATTACHMENTS:
Attachment A — Site Plan
Attachment B — Building Location Survey
Attachment C — Notice of Source Protection Plan Compliance
Page 168 of 278
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SURVEYOR'S REAL PROPERTY REPORT, PART
PLAN OF LOT 109, REGISTERED PLAN 812
CITY OF KITCHENER
REGIONAL MUNICIPALITY OF WATERLOO
0 2 4 6 8 10 m
SCALE = I l 250 1 1 1 1 1 11 1 1 1 1
METRIC i DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND
CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048
GUENTHER RUEB SURVEYING LIMITED
NOTE BEARINGS ARE ASTRONOMIC & ARE REFERRED TO THE SE'iy LIMIT
OF CLARK AVENUE, AS SHOWN ON REGISTERED PLAN 012, HAVING
A BEARING OF N 36°34' E.
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ASSOCIATION OF ONTARIO
LAND SURVEYORS
PLAN SUBMISSION FORM
2199876
THIS PLAN IS NOT VALID
UNLESS IT IS AN EMBOSSED
ORIGINAL COPY
ISSUED BY THE SURVEYOR
In accordance with
ILOT 112
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1114 METZ & LORENTZ LTD.
—
1191 • GUENTHER RUEB
PART 2
SURVEYING LTD.
F • 1191, FIELD NOTES
THIS PLAN MUST BE READ IN
DATED Nov. 12, 1984
CONJUNCTION WITH SURVEY REPORT
F2 1114, FIELD NOTES
DATED FEBRUARY 23, 2023.
DATED APR, 27, 1995
JOB NO.
0 = PLANTED
CC - CUT CROSS
0=FOUND
Prop = PROPORTIONED
CP = CONCRETE PIN
U = UNIDENTIFIED
72-14(41)
IB IRON BAR
M = MEASURED
RIB = ROUND IRON BAR
PB = PLASTIC BAR
IT = IRON TUBE
P = REG. PLAN 812
0.094172 & Set
THIS REPORT WAS PREPARED FOR
CAR YNDALE CONTRACTING INC.
SURVEYOR'S CERTIFICATE
I CERTIFY THAT,
1. THIS SURVEY AND PLAN ARE CORRECT AND IN
ACCORDANCE WITH THE SURVEYS ACT, THE
SURVEYORS ACT AND THE REGULATIONS MADE
UNDER THEM.
2. THE SURVEY WAS COMPLETED ON THE 22nd DAY
OF FEBRUARY, 2023.�
FEB. 23, 2023 ?—/ RD
• �i
ERICH R. RUEB
ONTARIO LAND SURVEYOR
GUENTHER RUEB SURVEYING LIMITED
CQ KITCHENER, P1n9,p1870 Of 278
�1r"3 I a i o
S01xri,',,e Rrotecfi�, clm��,"f i t p a c e
is.. .. . . . . t wd, Si rcflofn 5,9(2) of fl"�,,e a
Date:
March 1, 2023
I'll lor-
Region of Waterloo
Application Type: (building permit, site plan, consent, etc.)
Minor Variance
w5aseT oll Me RIM i KMIU-9W47, L 0 0,.r W IM
it has been determined that the potential activity(s) associated with the proposed
development or building on the SitelLands are not subject to either Section 57
(Prohibition) or Section 58 (Risk Management Plan) of the Act.
Ing
Any change to the information submitted under this Application nullifies this
unless otherwise permitted by the Risk Management Official.
0 This Notice is valid for 1 year from the date of issuance in respect of the above -noted
Application only.
q. This Notice is not valid for any subsequent applications for approvals which the
proposal may require under the Planning Act or for any building permits that may be
required under the Building Code Act.
This notice only addresses requirements in the Source Protection Plan under Section
57 (Prohibition) and Section 58 (Risk Management Plan) of the Act. Other Source
Protection Plan policies may still apply.
The applicant acknowledges they provided complete and truthful information to the
Region of Waterloo for the generation of this notice. Schedule 1 is an accurate
summary of this information.
Page 171 of 278
Region of Waterloo
This notice does not constitute an approval(s) under the Planning Actor Building Code
Act.
The applicant acknowledges they are the owner or authorized agent of the owner of the
above -noted property
---- ------
Signature of Applicant Eric Thuss, Risk Management Official
DOCS 1737472 Page 2 of 4
Page 172 of 278
4l a Of SOU,,, Nrotectioi"i Plan
�,u der 59(2) of th,", ck"�an
Region of Waterloo
D,,JH',_, E AC""I I "�,I �fffl, E S P R 0 P 0 S E D F(,)f R P F,",'O P E F"I, 'T
04-
-rhe following activities are either not occurring on or proposed for the property, or
are not related to this application:
Winter Maintenance Chemical Handling
- Application of road salt (on roads Aircraft de-icing
and parking lots)
Application of manure
4 1 Cil 0 #I r-
Storage of manure
Application of fertilizer
Storage of fertilizer
, I
source material (eg: compost 0
biosolids)
- Storage of non-agricultural]
sYurce material (eg: compost
biosolids)
• Storage of DNAPLS (dense oils)
• Storage of fuel
• Storage of solvents
• Storage of fertilizer
• Storage of pesticides
Private Sewage Operations
• Septic system
• Storm water managemel
Page 173 of 278
0 "1
Region of Waterloo
"'J "U V"', w, 2 U, A r Y 0F '," I I S
No activities associated with single urban residential use are prohibited under Section 57 of
the Clean Water Act at the location indicated on page 1 of this notice. A change in use of the
property will require a new application to the Risk Management Official.
DOCS 1737472 Page 4 of 4
Page 174 of 278
March 29, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(9) 58 KIT, 1200 FISCHER HALLMAN ROAD
BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 175 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 176 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 177 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 178 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 179 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 180 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18t1, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: March 31st, 2023
REPORT NO.: DSD -2023-165
SUBJECT: Minor Variance Application A2023-052 - 306 Wellington Street North
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2023-052 for 306 Wellington Street North requesting relief
from Section 7.3, Table 7-6, of Zoning By-law 2019-051 to permit the following:
i) a lot width of 15.9 metres instead of the minimum required 19 metres;
ii) a minimum 15.8% of landscaping instead of the minimum required 20%; and
iii) a maximum Floor Space Ratio (FSR) of 0.72 instead of the maximum permitted Floor
Space Ratio (FSR) of 0.6;
to facilitate the construction of an addition at the rear of the existing duplex dwelling that will
result in a multiple dwelling having a total 6 dwelling units, in accordance with plans prepared
by Ryszard Gancewski Architect, dated March 23, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review minor variances to facilitate the construction of an addition
at the rear of the existing duplex dwelling to create an additional four dwelling units.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 181 of 278
BACKGROUND:
The subject property is located within the Mt. Hope Huron Park neighbourhood adjacent to Margaret
Avenue Public school. 306 Wellington Street North is identified as 'Community Areas' on Map 2 —
Urban Structure and is designated 'Low Rise Residential' on Map 3 — Land Use in the City's 2014
Official Plan. The property is zoned 'Low Rise Residential Five (RES -5)' in Zoning By-law 2019-051.
The rear portion of the site is proposed to be redeveloped to create a 'Multiple Dwelling' having 6
dwelling units. The purpose of the application is to request minor variances to permit a reduction in
the minimum lot width and a reduction in the amount of required landscaping and to permit an
increased Floor Space Ratio. City staff has conducted a site visit on March 31 It, 2023.
Figure 1: Subject property at 306 Wellington Street North
Figure 2: Front view of the existing site
Page 182 of 278
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Figure 3: Proposed Site Plan
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The general intent of the Low Rise Residential land use designation is to accommodate a full range
of low-density housing types which may include low-rise multiple dwellings. Policy 15.D.3.11
indicates a maximum Floor Space Ratio of 0.6 and allows consideration up to a maximum Floor
Space Ratio of 0.75 provided that the increase in the floor space ratio is compatible and meets the
general policies in the Official Plan. It also places emphasis on the relationship of housing to adjacent
buildings, streets and exterior areas. The City will identify and encourage residential intensification
and/or redevelopment, including adaptive re -use and infill opportunities, including additional dwelling
units, attached and detached, in order to respond to changing housing needs and as a cost-effective
means to reduce infrastructure and servicing costs by minimizing land consumption and making
better use of existing community infrastructure. Staff is of the opinion that the variances to facilitate
the development of a 6 -unit multiple dwelling with a Floor Space Ratio of 0.72 on the subject property
meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the minimum lot width for a multiple dwelling is to ensure there is sufficient area
on a lot to accommodate the multiple dwelling, landscaping/amenity area and parking and that it can
function appropriately. The current use of the property is a duplex with sufficient room in the rear of
the property to accommodate the proposed addition while providing the required parking and a
sufficient amount of green space amenity area for the residents on-site while contributing to the
aesthetics of the neighbourhood.
Although not ideal, the drive aisles are deemed to be functional and enable the use to meet the
parking requirements and a sufficient amount of landscaping/amenity area in an urban context.
Page 183 of 278
Due to the intensification of the property, the 20% landscaping requirement is challenging to meet
without causing impacts of the driveway function on the property. The 3.2% landscaping deficiency
balances the ability of the property to maximize density while meeting all other zoning and parking
requirements.
The general intent of the Floor Space Ratio is to ensure that the size of the building and/or dwelling
is appropriate relative to the size of the property and the built form is compatible with the surrounding
neighbourhood.
Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variances are considered minor as the proposed addition can be accommodated and
function appropriately on the subject property and will not have adverse impacts on adjacent
properties or the neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Staff is of the opinion that the variances are desirable for the appropriate development and use of
the land. The addition of four dwelling units is a gentle compatible intensification of the subject
property within the neighbourhood that will contribute to the City's housing supply and support the
City's Housing Pledge.
Environmental Planning Comments:
The applicant is advised that the subject property does have some trees throughout, and some of
these trees are possibly in shared ownership, being located on or very close to the property lines.
Heritage Planning Comments:
There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015.
The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 306 Wellington St
N. is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will be
consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in
the Official Plan, and preparing action plans for each CHL with specific conservation options.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
addition to the existing residential is obtained prior to construction. Please contact the Building Division
at building(a)kitchener.ca with any questions.
Engineering Division Comments:
If upgrades to existing services within the public right of way are required, the City of Kitchener Off
Site Works (OSW) process is to be followed. Any further enquiries in this regard can be directed to
Nolan Beatty, Engineering Technologist, nolan.beatty(cD-kitchener.ca.
Parks/Operations Division Comments:
Notice is being provided that Parkland Dedication will be required for the proposed four additional
units to be paid prior to the issuance of the Building Permit.
Page 184 of 278
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application. It should be noted that
accessing the parking spaces may be difficult at times due to the reduced drive aisle width of 5.18
metres.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 185 of 278
March 29, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg ionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(9) 58 KIT, 1200 FISCHER HALLMAN ROAD
BERNIE NIMER
Subject: Committee of Adjustment Meeting April 18, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 040 — 245 Wellington Street North — No Concerns.
2) A 2023 - 041 — 45 Bond Street — No Concerns.
3) A 2023 - 042 — 100 Monteagle Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
4) A 2023 - 043 — 300 Countrystone Crescent — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
5) A 2023 — 044 — 230 Black Walnut Place — No Concerns.
6) A 2023 - 045 — 125 Hickson Drive — No Concerns.
7) A 2023 - 046 — 74 Carnaby Crescent — No Concerns to the application. However,
the applicants are advise that they are responsible to ensure that the proposed
development does not have any environmental noise impacts, both on-site and
off-site.
8) A 2023 - 047 — 744 King Street East — No Concerns.
Document Number: 4346109
Page 1 of 2
Page 186 of 278
9) A 2023 - 048 — 1200 Fischer -Hallman Road — No Concerns.
10) A 2023 - 049 — 37 Manitou Drive — No Concerns.
11) A 2023 - 050 — 92 Arnold Street — No Concerns.
12) A 2023 - 051 — 110 Clark Avenue — No Concerns.
13) A 2023 - 052 — 306 Wellington Street North — No Concerns to the application.
However, the applicants are advise that they are responsible to ensure that the
proposed development does not have any environmental noise impacts, both on-
site and off-site.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAC@Kitchener.ca
2
Page 187 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 188 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 189 of 278
From:
develooment.coordinator
To:
Committee of Adjustment (SM)
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review - April 18, 2023 Meeting
Date:
Monday, March 27, 2023 1:39:08 PM
Attachments:
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image011.Dng
imaae012.nna
image013.Dno
imaoe014.Dna
imaae015.Dna
image016.Dna
imaae017.Dna
imaae018.Dna
imaae019.Dna
Environmental Easement Language January 2022.Ddf
Hi Alison,
Please find below Metrolinx's comments and form of easement attached for the April 18, 2023
Committee of Adjustment Agenda for City of Kitchcner.
245 Wellington St N:
Metrolinx is in receipt of the minor variance application for 245 Wellington St
North to construct a multiple dwelling with 4 units. Metrolinx's comments on the subject
application are noted below:
• The subject property is located within 300 meters of Metrolinx's Guelph Subdivision
which carries Metrolinx's Kitchcner GO Train service.
• As per section 3.9 of the Federation of Canadian Municipalities and Railway Association
of Canada's Guidelines for New Development in Proximity to Railway Operations, the
Owner shall grant Metrolinx an environmental easement for operational emissions. The
environmental easement provides clear notification to those who may acquire an
interest in the subject property and reduces the potential for future land use conflicts.
The environmental easement shall be registered on title of the subject property. A copy
of the form of easement is included for the Owner's information. The applicant may
contact<De.rek.:.Bru.n.el.le..�.m.et.ro.li.nx.:.com.>
with questions and to initiate the registration process.
• The Proponent shall provide confirmation to Metrolinx, that the following warning clause
has been inserted into all Development Agreements, Offers to Purchase, and
Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of
the Railway Corridor
o Warning: Metrolinx and its assigns and successors in interest has or have a
right-of-way within 300 metres from the subject land. There may be
alterations to or expansions of the rail or other transit facilities on such right-
of-way in the future including the possibility that Metrolinx or any railway
Page 190 of 278
entering into an agreement with Metrolinx to use the right-of-way or their
assigns or successors as aforesaid may expand or alter their operations,
which expansion or alteration may affect the environment of the occupants
in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual lots,
blocks or units.
306 Wellington St N:
Metrolinx is in receipt of the minor variance application for 306 Wellington St N to construct
a Multiple dwelling with 6 units. Metrolinx's comments on the subject application are noted
below:
• The subject property is located within 300 meters of Metrolinx's Guelph Subdivision
which carries Metrolinx's Kitchcner GO Train service.
• As per section 3.9 of the Federation of Canadian Municipalities and Railway Association
of Canada's Guidelines for New Development in Proximity to Railway Operations, the
Owner shall grant Metrolinx an environmental easement for operational emissions. The
environmental easement provides clear notification to those who may acquire an
interest in the subject property and reduces the potential for future land use conflicts.
The environmental easement shall be registered on title of the subject property. A copy
of the form of easement is included for the Owner's information. The applicant may
contact <De.rel<:.Bru.n.el.le..�?m.etro.li.nx.:.com.>
with questions and to initiate the registration process.
• The Proponent shall provide confirmation to Metrolinx, that the following warning clause
has been inserted into all Development Agreements, Offers to Purchase, and
Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of
the Railway Corridor
o Warning: Metrolinx and its assigns and successors in interest has or have a
right-of-way within 300 metres from the subject land. There may be
alterations to or expansions of the rail or other transit facilities on such right-
of-way in the future including the possibility that Metrolinx or any railway
entering into an agreement with Metrolinx to use the right-of-way or their
assigns or successors as aforesaid may expand or alter their operations,
which expansion or alteration may affect the environment of the occupants
in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual lots,
blocks or units.
Kind regards,
Tara Kamal Ahmadi
Page 191 of 278
Tara Kamal Ahmadi
Junior Analyst
Third Party Projects Review, Capital Projects Group
Metrolinx 1 20 Bay Street I Suite 600 1 Toronto I Ontario I M5J 2W3
pl���Mtk*11111ZII V_
From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca>
Sent: March 24, 2023 4:15 PM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - April 18, 2023 Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
liable, ou que vous ayez I'assurance que le contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, April 18, 2023, have been loaded and circulated
through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
C�gf no later than 12 noon on Monday, April 3, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2200 ext® 7594 I TTY 1-866-969-9994 1 m.&.1kj tclr
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 192 of 278
Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Properties section of the Transfer Easement to which this Schedule is attached (the "Easement
Lands");
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors
and assigns, a permanent and perpetual non-exclusive easement or right and interest in the
nature of a permanent and perpetual non-exclusive easement over, under, along and upon the
whole of the Easement Lands and every partthereof for the purposes of discharging, emitting,
releasing or venting thereon or otherwise affecting the Easement Lands at any time during the
day or night with noise, vibration and other sounds and emissions of every nature and kind
whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter,
electromagnetic interference and stray current but excluding spills, arising from or out of, or in
connection with, any and all present and future railway or other transit facilities and operations
upon the lands of the Transferee and including, without limitation, all such facilities and
operations presently existing and all future renovations, additions, expansions and other
changes to such facilities and all future expansions, extensions, increases, enlargement and
other changes to such operations (herein collectively called the "Operational Emissions").
THIS Easement and all rights and obligations arising from same shall extend to,
be binding upon and enure to the benefit of the parties hereto and their respective officers,
directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers,
licensees and other operators, occupants and invitees and each of its or their respective heirs,
executors, legal personal representatives, successors and assigns. The covenants and
obligations of each party hereto, if more than one person, shall be joint and several.
Easement in gross.
Page 193 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 194 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 195 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: April 5, 2023
REPORT NO.: DSD -2023-185
SUBJECT: Consent Application B2023-016 — 73 Second Avenue
RECOMMENDATION:
That Consent Application B2023-016 requesting consent to sever a parcel of land having a
lot width of 10.1 metres on Second Avenue, a lot depth of 40.2 metres and a lot area of 404.7
square metres, BE APPROVED subject to the following conditions:
1. That the 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.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property(ies) to the satisfaction of the City's
Revenue Division.
3. That the owner provides 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 size 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.
4. That the Owner provides a servicing plan showing outlets to the municipal servicing system
to the satisfaction of the Director of Engineering Services.
5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site
(servicing, SWM etc.) with corresponding layer names and asset information to the
satisfaction of the City's Director of Engineering Services, prior to deed endorsement.
6. That the Owner makes financial arrangements for the installation of any new service
connections to the severed and/or retained lands to the satisfaction of the City's Director of
Engineering Services.
7. That any new driveways are to be built to City of Kitchener standards at the Owner's
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 196 of 278
expense prior to occupancy of the building to the satisfaction of the City's Director of
Engineering Services.
8. That the Owner provides confirmation that the basement elevation can be drained by gravity
to the street sewers to the satisfaction of the City's Director of Engineering Services. If this
is not the case, then the owner will need to pump the sewage via a pump and forcemain to
the property line and have a gravity sewer from the property line to the street to the
satisfaction of the City's Director of Engineering Services.
9. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication
of $11,862.00.
10. That the Owner obtains Demolition Control Approval, in accordance with the City's
Demolition Control By-law, to the satisfaction of the City's Director of Planning.
11. That the Owner obtains a Demolition Permit for the existing dwelling proposed to be
demolished, to the satisfaction of the Chief Building Official.
12. That at the sole option of the City's Director of Planning, the Owner shall enter into an
agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction
of the City Solicitor and the City's Director of Planning, which shall include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and retained
lands, in accordance with the City's Tree Management Policy, to be approved by
the City's Supervisor, Site Plans, and where necessary, implemented prior to any
grading, servicing, tree removal or the issuance of building permits. Such plans
shall include, among other matters, the identification of a proposed building
envelope/work zone, a landscaped area and the vegetation to be preserved. If
necessary, the plan shall include required mitigation and or compensation
measures.
b) The owner further agrees to implement the approved plan. No changes to the said
plan shall be granted except with the prior approval of the City's Supervisor, Site
Plans.
13. That, prior to final approval, the applicant submits the Consent Application Review Fee of
$350.00 to the Region of Waterloo.
14. That the Owner enter into a registered agreement with the Region of Waterloo on both
retained and severed lots:
a) The dwelling will be fitted with a forced air -ducted heating system suitably sized
and designed with provision for the installation of central air conditioning in future
at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase, deeds
and rental agreements:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic Highway 7/8 may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks (MECP). This
dwelling has been fitted with a forced air -ducted heating system and has been
designed with the provision of adding central air conditioning at the occupant's
Page 197 of 278
discretion. Installation of central air conditioning by the occupant in low and
medium-density developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound level
limits of the Waterloo Region and the Ministry of the Environment Conservation
and Parks (MECP)".
Alternatively, the applicant may choose to undertake a detailed environmental noise
study to assess the environmental noise impacts on the proposed residential
dwellings on retained and severed lots. The recommendations of the detailed noise
study will be implemented through a registered agreement with the City of Kitchener.
The recommendations of the detailed noise study will be implemented through a
registered agreement with the Region of Waterloo.
c) The Owner shall ensure that all noise attenuation measures required pursuant to
this Agreement are implemented and completed to the satisfaction of The Regional
Municipality of Waterloo and where applicable, incorporated in the building plans for
the dwelling units on the Severed Lands and the Retained Lands prior to the Owner
requesting the issuance of any building permits. The Owner further agrees to
construct the dwelling units on the Severed Lands and the Retained Lands in
accordance with approved plan(s) which incorporate all such required noise
attenuation measures.
REPORT HIGHLIGHTS:
• The purpose of this report is to review an application for consent to create 2 new lots for a new
duplex dwelling on each of the severed and retained parcels of land.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is an interior lot located on the East side of Second Avenue between Kingsway
Drive and Connaught Street.
Page 198 of 278
Figure 1: Location of Subject Property
Figure 2: View of Existing Detached Dwelling
Page 199 of 278
The subject property is identified as `Community Area' on Map 2— Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051.
The purpose of the application is to create a new lot to construct a new detached duplex dwelling on
the severed lands. A duplex dwelling would also be built on the retained lands. The existing detached
dwelling is proposed to be demolished.
Figure 3: Severance Sketch
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of new lot for a future duplex dwelling that is
compatible with the surrounding community and will make use of the existing infrastructure. No new
public roads would be required for the proposed development. Planning staff is of the opinion that
this proposal is consistent with the PPS.
Page 200 of 278
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Figure 3: Severance Sketch
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of new lot for a future duplex dwelling that is
compatible with the surrounding community and will make use of the existing infrastructure. No new
public roads would be required for the proposed development. Planning staff is of the opinion that
this proposal is consistent with the PPS.
Page 200 of 278
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subject lands are located within the City's delineated built up area. The proposed development
represents gentle intensification and will contribute towards achieving the City's intensification
density targets. The severance application will help make efficient use of existing infrastructure,
parks, roads, trails and transit. Planning staff is of the opinion that the development proposal
conforms to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking -water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
City's Official Plan (2014)
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's Official Plan.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
"17.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
C) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
Page 201 of 278
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The proposed lot widths and lot areas of the proposed severed and retained lots will meet the
minimum 'RES -4' zone lot width and lot area requirements and minor variances are not required.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and
area. The lands front onto a public street and full services are available. There are no natural heritage
features that would be impacted by the proposed consent application. Planning staff is of the opinion
that the proposed severance conforms with the City of Kitchener Official Plan.
Zoning By-law 2019-051
The subject property is zoned as 'Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-
051. The 'RES -4' zone permits a range of low density dwelling types such as duplex dwellings. The
'RES -4' Zone requires a minimum lot width of 9 metres (internal lots) and 12.8 metres (corner lots)
and minimum lot area of 235 square metres for duplex dwellings. The proposed lot widths and lot
areas of the proposed severed and retained lots meet the minimum 'RES -4' zone lot width and lot
area requirements.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate.
[insert comments]
Environmental Planning Comments:
The following conditions should be applied:
That at the sole option of the City's Director of Planning, the Owner shall enter into an agreement
with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City
Solicitor and the City's Director of Planning, which shall include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and retained lands,
in accordance with the City's Tree Management Policy, to be approved by the City's
Supervisor, Site Plans, and where necessary, implemented prior to any grading, servicing,
tree removal or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, a landscaped area
and the vegetation to be preserved. If necessary, the plan shall include required mitigation
and or compensation measures.
b) The owner further agrees to implement the approved plan. No changes to the said plan
shall be granted except with the prior approval of the City's Supervisor, Site Plans.
Heritage Planning Comments:
No heritage concerns.
Page 202 of 278
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the demolition of the
existing building, as well as construction of the new residential buildings.
Engineering Division Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new service connections that may be required to service this property, all
prior to severance approval. Our records indicate sanitary, storm and water municipal services
are currently available to service this property. Any further enquiries in this regard should be
directed to nolan.beatty(a-kitchener.ca
• Any new driveways are to be built to City of Kitchener/Region of Waterloo standards. All works
are at the owner's expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with
corresponding layer names and asset information to the satisfaction of the Engineering Division
prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Parks/Operations Division Comments:
Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot
will be created. The cash -in -lieu dedication required is $11,862.00.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
The purpose of the application is to demolish the existing dwelling on the property and to create two
lots for a duplex on each of the severed and retained lots.
Environmental Noise Study
Both severed and retained residential lots may have impacts from road noise from traffic on
Conestoga Parkway (Highway 7/8).
The following conditions should be secured through a registered agreement with the City of
Kitchener for ALL DWELLING UNITS on both retained and severed lots:
a) The dwelling will be fitted with a forced air -ducted heating system suitably sized and designed
with provision for the installation of central air conditioning in future at the occupant's
discretion.
b) The following noise warning clause will be included in all offers of purchase, deeds and rental
agreements:
"The purchasers/tenants are advised that sound levels due to increasing road traffic Highway
7/8 may occasionally interfere with some activities of the dwelling occupants as the sound
Page 203 of 278
levels may exceed the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP). This dwelling has been fitted with a forced
air -ducted heating system and has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air conditioning by the
occupant in low and medium -density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound level limits
of the Waterloo Region and the Ministry of the Environment Conservation and Parks
(MECP)"
Alternatively, the applicant may choose to undertake a detailed environmental noise study to assess
the environmental noise impacts on the proposed residential dwellings on retained and severed lots.
The recommendations of the detailed noise study will be implemented through a registered
agreement with the City of Kitchener.
Source Water Protection
For information, the property is designated Wellhead Protection Sensitivity Area 8 on Map 6a of the
Regional Official Plan (ROP). The purpose of this designation and corresponding policies in Chapter
8 of the ROP, is to protect the Region's long term municipal groundwater supplies. No action is
required by the applicant.
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
*City Planning Comments:
The issue with requiring noise mitigation measures through construction and requiring this mitigation
to be contained in an agreement registered on title is that noise attenuation matters are not
addressed in the Building Code Act. The agreement is not applicable law for building permit issuance
so the City's Building Inspectors (or divisional staff) have no authority to withhold issuance of Building
Permits if these measures are not incorporated in the building plans (there is no applicable law). As
such, monitoring noise attenuation matters in building plans is not a practice employed by the City's
Building Inspectors (or dept. staff) as part of the Building Permit or Inspection processes.
Accordingly, City Staff cannot ensure that the dwelling/building has been constructed accordingly
and as referenced in the noise warning clause.
Planning staff are suggesting the additional wording below be added to the Regional Conditions as
`c)'. The responsibility of ensuring all required noise attenuation measures have been incorporated
in building plans, and as noted in the noise warning clause, is the responsibility of the Owner.
"The Owner shall ensure that all noise attenuation measures required pursuant to this
Agreement are implemented and completed to the satisfaction of The Regional Municipality
of Waterloo and where applicable, incorporated in the building plans for the dwelling units on
the Severed Lands and the Retained Lands prior to the Owner requesting the issuance of
any building permits. The Owner further agrees to construct the dwelling units on the Severed
Lands and the Retained Lands in accordance with approved plan(s) which incorporate all
such required noise attenuation measures."
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Page 204 of 278
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 2019-051
Page 205 of 278
VIA EMAIL
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Dear Ms. Mills:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
1501 Frederick Street 6th Floor
Kitchener Ontario N2G 4A Canaria
Telephone: 516-575-4400
1TY:519 575.4608
Fax: 519-575-4466
www.regionof aterleao,czr
Shilling Yip
(226) 753-1064
D20-20/23 KIT
April 3, 2023
Re: Comments for Consent Applications B2023-005 and B2023-006
Committee of Adjustment Hearing April 18, 2023
CITY OF KITCHENER
B2023-016
73 Second Ave.
Weijie Zhang (Boban Jokanovic, Bobicon Ltd.)
The purpose of the application is to demolish the existing dwelling on the property and
to create two lots for a duplex on each of the severed and retained lots.
Environmental Noise Study
Both severed and retained residential lots may have impacts from road noise from traffic
on Conestoga Parkway (Highway 7/8).
The following conditions should be secured through a registered agreement with the
City of Kitchener for ALL DWELLING UNITS on both retained and severed lots:
a) The dwelling will be fitted with a forced air -ducted heating system suitably sized and
designed with provision for the installation of central air conditioning in future at the
occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase, deeds
and rental agreements:
Document Number: 4343604 Version: 1
Page 1 of 8
Page 206 of 278
"The purchasers/tenants are advised that sound levels due to increasing road
traffic Highway 7/8 may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks (MECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium -density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
Alternatively, the applicant may choose to undertake a detailed environmental noise
study to assess the environmental noise impacts on the proposed residential dwellings
on retained and severed lots. The recommendations of the detailed noise study will be
implemented through a registered agreement with the City of Kitchener.
Source Water Protection
For information, the property is designated Wellhead Protection Sensitivity Area 8 on
Map 6a of the Regional Official Plan (ROP). The purpose of this designation and
corresponding policies in Chapter 8 of the ROP, is to protect the Region's long term
municipal groundwater supplies. No action is required by the applicant.
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) The owner/applicant is required to submit the Regional consent review fee of
$350.00 prior to final approval of the consent.
2) The owner/applicant enter into a registered agreement with the City of Kitchener to
provide the following:
That for both the severed and retained lands:
Document Number: 4343604 Version: 1
Page 2 of 8
Page 207 of 278
a) The dwelling(s) will be fitted with a forced air -ducted heating system suitably
sized and designed with provision for the installation of central air conditioning in
future at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic Highway 7/8 may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks (MECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium -density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
c) That as an alternative to a) and b) above, the owner/applicant agrees to
complete a road traffic noise study to the satisfaction of the City of Kitchener, in
consultation with the Region of Waterloo, and to amend this agreement to
implement the recommendations of the accepted noise study.
B2023-017
23 and 25 Elmsdale Drive
Waltraud Ratte (Valerie Schmidt, GSP Group)
The purpose of the application is to create separate lots for the existing semi-detached
dwelling on the property.
Environmental Noise Warning Clause
Both severed and retained residential lots are located within 200m of the highway
(approximately 178m) and may have impacts from road noise from traffic on Highway
7/8.
The following warning clause must be secured in a registered agreement with the City
of Kitchener for both the severed and retained lots,
That the following noise warning clause be included in all offers of purchase, deeds and
rental agreements:
Document Number: 4343604 Version: 1
Page 3 of 8
Page 208 of 278
"Purchaser/tenants are advised that sound levels due to increasing road traffic on
Highway 7/8 may, on occasions, interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo and the
Ministry of the Environment Conservation & Parks (MOECP)."
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) The owner/applicant is required to submit the Regional consent review fee of
$350.00 prior to final approval of the consent.
2) The owner/applicant enter into a registered agreement with the City of Kitchener to
provide the following:
That the following noise warning clause be included in all offers of purchase, deeds and
rental agreements:
"Purchaser/tenants are advised that sound levels due to increasing road traffic on
Highway 7/8 may, on occasions, interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo and the
Ministry of the Environment Conservation & Parks (MOECP)."
B2023-018
299 Ottawa Street N.
10000446086 Ontario Inc./NUR Homes (Charlotte Balluch, GSP Group)
The purpose of the application is to demolish the existing single detached dwelling on
the property and to create 2 lots for a single detached on each of the severed and
retained lots.
Dedicated Road Widening
Dedicated road widening of approximately 3.05m (10 feet) will be required along the
entire property frontage on Ottawa Street N. to comply with the Regional Official Plan
(ROP) designated road width of 30.48m. An Ontario Land surveyor (OLA) would
determine the exact amount of widening to be conveyed.
The lands will be accepted as is
Document Number: 4343604 Version: 1
Page 4 of 8
Page 209 of 278
A draft reference plan prepared by an OLS must be submitted for review and approval
before submitting the plan to the Lands Registry office.
All costs associated with the road widening would be the owner's responsibility, and the
lands must be dedicated to the Region free of encumbrances.
Site Circulation and Access
The access to the existing westerly lot is currently and will be a right -in, right -out -only
access due to the current concrete median on Ottawa Street N.
The access for the proposed easterly lot should be located to the east at 7.Om from the
adjacent residential access of 305 Ottawa St. N. (measured centre to centre) to keep
this access away from the existing centre median on Ottawa Street. The proposed
access does not meet this requirement.
The access should have a 3.7m-6.Om throat width at the new property line and a 1.5m
minimum curb radii/flare out.
The accesses must also be acceptable to the MTO authorities.
Both Lots will need access permit applications with a $100 fee each. The access permit
application is available at:
Application and Payment for an Access Permit - Region of Waterloo
Advisory: Staff notes that this access is also within the MTO Permit control area and
may require their approval as necessary.
Environmental Noise Stud
The proposed development may encounter environmental noise sources at this location
due to traffic on Ottawa Street North (Regional Road #4), Conestoga Parkway (Highway
7/8) and on-off ramps.
A detailed noise study will be required to assess the noise impacts and the noise
attenuation measures required for the proposed development.
It is the responsibility of the applicant to ensure the proposed noise -sensitive
development is not adversely affected by anticipated noise impacts. To address the
environmental noise impacts, the applicant must prepare an Environmental Noise Study
and the noise levels criteria and guidelines for the preparation of the study should follow
the Ministry of the Environment, Conservation and Park NPC -300 requirements.
The consultant who prepares the Environmental Noise Study must be listed on the
Region of Waterloo's Approved List of Noise Consultants. The noise consultant is
responsible for obtaining current information, applying professional expertise in
performing calculations, making detailed and justified recommendations, and submitting
the Consultant Noise Declaration and Owner/Authorized Agent Statement. The
Document Number: 4343604 Version: 1
Page 5 of 8
Page 210 of 278
consultant preparing the Environmental Noise Study must contact Region of Waterloo
staff for transportation data, including traffic forecasts and truck percentages, to prepare
the Environmental Noise Study. Region of Waterloo staff will provide this data within
three weeks of receiving the request from the noise consultant.
Please note that there is a $500 fee for preparing the traffic forecasts and reviewing the
Environmental Noise Study. The noise consultant preparing the Environmental Noise
Study must submit the transportation data request online via
(https://rmow.Permitcentral.ca/Permit/GroupAr)ply?-qroupId=3). Resubmission of any
Transportation Noise Study may be subject to a $250 resubmission fee.
The recommendations of the noise study will be required to be implemented through a
registered agreement with the Region.
Stormwater Management (SWM) Report and Site Grading
The Region will require a detailed grading plan for review and approval. The plan must
show the grades and slopes on the lands abutting the Regional road right-of-way. It
must show the existing and future property lines and the grades along the proposed
access(es).
If the City requires an SWM report, the same should be provided for review and
approval by the Region.
Servicina/Work Perm it/Municiaal Consent
Any new, update to, and/or removal of servicing within the Regional road right-of-way
for Ottawa Street North (RR #4) will require approval through a separate process of
Municipal Consent, and a Region of Waterloo Work Permit must also be obtained from
the Region of Waterloo prior to commencing any work within the Region's right of way.
In this regard, please visit https://rmowroadpermits.mirasan.ca/ for further guidance.
Region of Waterloo Municipal Consent may also be required at the time of construction,
depending on the extent of future work within the Regional Road right of way.
Airport Zoning (Advisory„
For information, the subject lands are within the Transport Canada outer 6km
development area limits. There are no airport -specific concerns. If the applicant has
any questions in this regard, they may be directed to:
Jordan Vander Veen, P. Eng.
Senior Engineer, Region of Waterloo International Airport
Phone 519-648-2256 Ext 8514 Email: ivanderveen(c�regionofwaterloo.ca
Document Number: 4343604 Version: 1
Page 6 of 8
Page 211 of 278
Source Water Protection
The property is designated Wellhead Protection Sensitivity Area 4 on Map 6a of the
Regional Official Plan (ROP). The purpose of this designation and corresponding
policies in Chapter 8 of the ROP, is to protect the Region's long term municipal
groundwater supplies. Geothermal wells are not permitted within this designation. The
owner/applicant will be required to enter into an agreement with the Regional
Municipality of Waterloo to prohibit use of geothermal wells as defined in the ROP.
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) The owner/applicant is required to submit the Regional consent review fee of
$350.00 prior to final approval of the consent.
2) Prior to final approval, a dedicated road widening of approximately 3.05m (10 feet),
free of encumbrances and at owner/applicant's cost, along the entire property
frontage of the severed and retained lands on Ottawa Street N. shall be conveyed
to the Region to comply with the Regional Official Plan (ROP) designated road
width of 30.48m, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
3) Prior to final approval, the owner/applicant obtain Regional Road Access Permits for
both the severed and retained lands from the Region of Waterloo.
4) Prior to final approval, the owner/applicant obtain Municipal Consent and Work
Permit from the Regional Municipality of Waterloo for any road work within the
Ottawa Street N. right-of-way, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
5) Prior to final approval, the owner/applicant submit a detailed grading plan for review
and approval. The plan must show the grades and slopes on the lands abutting the
Regional road right-of-way. It must show the existing and future property lines and
the grades along the proposed access(es). All to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
6) The owner/applicant enter into a registered agreement with the Regional
Municipality of Waterloo, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services, for the severed and retained lands
to provide for the following:
Document Number: 4343604 Version: 1
Page 7 of 8
Page 212 of 278
• A detailed road traffic noise study to address road traffic noise from Ottawa
Street N. and Highway 7/8, and to amend this agreement to secure
implementation of the noise study recommendations.
• To prohibit the use of geothermal energy systems.
General Comments
Any future development on the lands subject to the above -noted consent application will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
4 �F
Shilling Yip, MCIP, RPP
Senior Planner
Document Number: 4343604 Version: 1
Page 8 of 8
Page 213 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 214 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 215 of 278
From: SHLLAKII Paul
To: Committee of Adfusfinent(SH)
Subj— City of Kitchener- 73 second Aye -82023-016
Dale: 11.,day, April 3, 2023 9',17',39 AM
=,,hmee[s: imaae001.ona
Hello,
We are in receipt of your AppllCaII- for Consent, B2023-016 dated march 24,2023. We have reviewed thn docurnents concerning thrr noted Appl lcat ion and have no cc, mrnent 3 or concerns at this time. Ql
2 al'm'nary rpvi .w.r4n4i.J E.rS.i.S S!.a.4..dffwCliny Flgrdr9..4ng`_9_:Vli It \tplkaeg_F.@r:iliiigS..dnd_2rrikl4r.L: nk1.S_.Qall
For prof r,al, affertinL'Low Voltagr }Istrlbution actines' plea, consult your Kcal area Distribution Supplier.
To conhrrn if Hydro One Is your local distributor please follow the fell—mg link:
Please select" Search" and locate address in question by entering the address or by zooming in and out of the map
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h y d yon
MENU HELP SEARCH
Customers Affectedly 0>5000 0501-5000 0 51-500 0 2.1-50 <=20 0 Multiple () grew Service Area ✓,
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If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail.D.9.SSQ.mef..Communi.QatlQ.nSP�...H.ydro0ne com to be connected to your Local Operations Centre
Please let me know if you have any questions or concerns.
Thank you,
Dennis De Rarlgb
Specialized Services Tearri Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: DennisDeR.a.ngo-@H-vdroOne.com
This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Anv other distribution, reproduction, copying,
disclosure. or other dissemination is strictly prohibited. It you have received this email in en -or, please notify the sender inmtediately by reply email and delete the transmission received by you.
This statement applies to the initial email as welt as any and alt copies (replies and/or forwards) of the initial email
Page 216 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 217 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
used as a password -protected area for sharing information with clients and partners, and it's
11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 218 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Arwa, Alzoor, Planning Technician (Site Development), 519-741-
2200 ext. 7847
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: April 3, 2023
REPORT NO.: DSD -2023-140
SUBJECT: Consent Application B2023-017 - 23 and 25 Elmsdale Drive
RECOMMENDATION:
That Consent Application B2023-017 requesting to sever a parcel of land having a lot width
of 10.5 metres along Elmsdale Drive, a lot depth of 35.1 metres and a lot area of 325 square
metres, BE APPROVED subject to the following conditions:
1. That the 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.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property(ies) to the satisfaction of the City's
Revenue Division.
3. That the owner provides 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 size 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.
4. That the Owner provide a drawing confirming physical location of existing sanitary and
water services, in relation to the proposed severed and retained legal property boundaries.
Existing services to each of the individual addresses must fall within their respective
boundary of the proposed severed and retained lots.
5. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior
to final approval of the consent.
6. The owner/applicant enter into a registered agreement with the Region of Waterloo to
provide the following:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 219 of 278
That the following noise warning clause be included in all offers of purchase, deeds and
rental agreements:
"Purchaser/tenants are advised that sound levels due to increasing road traffic on Highway
7/8 may, on occasions, interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
REPORT HIGHLIGHTS:
• The purpose of this report is to review a consent application to sever an existing semi-detached
dwelling into two lots so that each unit may be dealt with independently.
• There are no financial implications.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located to the north of Ottawa Street South and to the east of Westmount
Road East. The existing neighborhood and the street scape are comprised of a mix of single
detached dwellings and semi-detached dwellings. Lot sizes vary in width, depth, and area in this
neighbourhood.
Figure 1: Location Map - 23-25 Elmsdale Drive
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019-051.
The purpose of the application is to create one new lot and retain one lot to allow each semi-detached
dwelling to be on a separate lot and dealt with independently.
The land to be severed will have a lot width of 10.5 metres a long Elmsdale Drive, a lot depth if 35.1
metres and a lot area of 325 square metres. The lands to be retained will have a lot width of 10.5
Page 220 of 278
metres along Elmsdale Drive, a lot depth of 35.1 metres and a lot area of 315 square metres and
will contain an existing semi-detached dwelling unit.
Figure 1 — Sketch for Severance - Proposed Lot Fabric
City Planning staff conducted a site inspection of the property on March 31St, 2023
Figure 3 — Front view 23 and 25 Elmsdale Drive Figure 4 - Side view
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Page 221 of 278
'SEVERANCE SKETCH
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................................................................. .. . .... ...
Figure 1 — Sketch for Severance - Proposed Lot Fabric
City Planning staff conducted a site inspection of the property on March 31St, 2023
Figure 3 — Front view 23 and 25 Elmsdale Drive Figure 4 - Side view
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Page 221 of 278
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
The existing semi-detached dwelling is existing and no new infrastructure or public roads would be
required for the proposed consent. Planning staff is of the opinion that this proposal is consistent
with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subject lands are located within the City's delineated built up area. The existing semi-detached
dwelling will continue to make efficient use of existing infrastructure, parks, roads, trails and transit.
Planning staff is of the opinion that the development proposal conforms to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking -water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
City's Official Plan (2014)
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
Page 222 of 278
I7.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
C) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The proposed lot widths and lot areas of the proposed severed and retained lots exceed the
minimum RES -5 zone lot width and lot area requirements and minor variances are not required.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and
area. The lands front onto a public street and full services are available. There are no natural heritage
features that would be impacted by the proposed consent application. Planning staff is of the opinion
that the proposed severance conforms with the City of Kitchener Official Plan.
Zoning By-law 2019-051
The subject property is zoned as `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019-
051. The `RES -5' zone permits a range of low density dwelling types such as semi-detached
dwellings. The `RES -5' Zone requires a minimum lot width of 7.5 metres (internal lots) and 12.0
metres (corner lots) and minimum lot area of 210 square metres for semi-detached dwellings. The
proposed lot widths and lot areas of the proposed severed and retained lots meet the minimum
`RES -5' zone lot width and lot area requirements.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate.
The uses of both the severed and retained parcels are in conformity with the City's Official Plan and
Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed
lots are suitable for the use of the lands and compatible with the surrounding community. There are
existing schools within the neighbourhood. Staff is further of the opinion that the proposal is
consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to
the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest.
Page 223 of 278
Environmental Planning Comments:
No natural heritage concerns or tree management concerns.
Heritage Planning Comments:
No heritage concerns
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
Only one set of municipal services should enter into each proposed property (severed and retained),
as per City of Kitchener standard. Owner/agent to provide a drawing confirming physical location of
existing sanitary and water services, in relation to the proposed severed and retained legal property
boundaries. Existing services to each of the individual addresses must fall within their respective
boundary of the proposed severed and retained lot. Confirmation drawing and any enquiries can be
directed to Nolan Beatty, Engineering Technologist, nolan.beatty(o)kitchener.ca.
Parks/Operations Division Comments:
Parkland Dedication is not required.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
The purpose of the application is to create separate lots for the existing semi-detached dwelling on
the property.
Environmental Noise Warning
Both severed and retained residential lots are located within 200m of the highway (approximately
178m) and may have impacts from road noise from traffic on Highway 7/8.
The following warning clause must be secured in a registered agreement with the City of Kitchener
for both the severed and retained lots. That the following noise warning clause be included in all
offers of purchase, deeds and rental agreements:
"Purchaser/tenants are advised that sound levels due to increasing road traffic on Highway 7/8
may, on occasions, interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MOECP)."
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
The Region has no objection to the proposed application, subject to the following conditions:
1) The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to
final approval of the consent.
2) The owner/applicant enter into a registered agreement with the City of Kitchener to provide the
following:
That the following noise warning clause be included in all offers of purchase, deeds and rental
agreements:
Page 224 of 278
"Purchaser/tenants are advised that sound levels due to increasing road traffic on Highway
7/8 may, on occasions, interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MOECP)."
Ministry of Transportation Operations (MTO):
No requirements.
Hydro One:
No comments or concerns.
Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor
Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area
Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
http://www.hydroone.com/StormCenter3/
Grand River Conservation Authority (GRCA):
GRCA has no objection to the approval of the above applications
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 2019-051
Page 225 of 278
VIA EMAIL
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Dear Ms. Mills:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
1501 Frederick Street 6th Floor
Kitchener Ontario N2G 4A Canaria
Telephone: 516-575-4400
1TY:519 575.4608
Fax: 519-575-4466
www.regionof aterleao,czr
Shilling Yip
(226) 753-1064
D20-20/23 KIT
April 3, 2023
Re: Comments for Consent Applications B2023-005 and B2023-006
Committee of Adjustment Hearing April 18, 2023
CITY OF KITCHENER
B2023-016
73 Second Ave.
Weijie Zhang (Boban Jokanovic, Bobicon Ltd.)
The purpose of the application is to demolish the existing dwelling on the property and
to create two lots for a duplex on each of the severed and retained lots.
Environmental Noise Study
Both severed and retained residential lots may have impacts from road noise from traffic
on Conestoga Parkway (Highway 7/8).
The following conditions should be secured through a registered agreement with the
City of Kitchener for ALL DWELLING UNITS on both retained and severed lots:
a) The dwelling will be fitted with a forced air -ducted heating system suitably sized and
designed with provision for the installation of central air conditioning in future at the
occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase, deeds
and rental agreements:
Document Number: 4343604 Version: 1
Page 1 of 8
Page 226 of 278
"The purchasers/tenants are advised that sound levels due to increasing road
traffic Highway 7/8 may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks (MECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium -density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
Alternatively, the applicant may choose to undertake a detailed environmental noise
study to assess the environmental noise impacts on the proposed residential dwellings
on retained and severed lots. The recommendations of the detailed noise study will be
implemented through a registered agreement with the City of Kitchener.
Source Water Protection
For information, the property is designated Wellhead Protection Sensitivity Area 8 on
Map 6a of the Regional Official Plan (ROP). The purpose of this designation and
corresponding policies in Chapter 8 of the ROP, is to protect the Region's long term
municipal groundwater supplies. No action is required by the applicant.
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) The owner/applicant is required to submit the Regional consent review fee of
$350.00 prior to final approval of the consent.
2) The owner/applicant enter into a registered agreement with the City of Kitchener to
provide the following:
That for both the severed and retained lands:
Document Number: 4343604 Version: 1
Page 2 of 8
Page 227 of 278
a) The dwelling(s) will be fitted with a forced air -ducted heating system suitably
sized and designed with provision for the installation of central air conditioning in
future at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic Highway 7/8 may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks (MECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium -density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
c) That as an alternative to a) and b) above, the owner/applicant agrees to
complete a road traffic noise study to the satisfaction of the City of Kitchener, in
consultation with the Region of Waterloo, and to amend this agreement to
implement the recommendations of the accepted noise study.
B2023-017
23 and 25 Elmsdale Drive
Waltraud Ratte (Valerie Schmidt, GSP Group)
The purpose of the application is to create separate lots for the existing semi-detached
dwelling on the property.
Environmental Noise Warning Clause
Both severed and retained residential lots are located within 200m of the highway
(approximately 178m) and may have impacts from road noise from traffic on Highway
7/8.
The following warning clause must be secured in a registered agreement with the City
of Kitchener for both the severed and retained lots,
That the following noise warning clause be included in all offers of purchase, deeds and
rental agreements:
Document Number: 4343604 Version: 1
Page 3 of 8
Page 228 of 278
"Purchaser/tenants are advised that sound levels due to increasing road traffic on
Highway 7/8 may, on occasions, interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo and the
Ministry of the Environment Conservation & Parks (MOECP)."
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) The owner/applicant is required to submit the Regional consent review fee of
$350.00 prior to final approval of the consent.
2) The owner/applicant enter into a registered agreement with the City of Kitchener to
provide the following:
That the following noise warning clause be included in all offers of purchase, deeds and
rental agreements:
"Purchaser/tenants are advised that sound levels due to increasing road traffic on
Highway 7/8 may, on occasions, interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo and the
Ministry of the Environment Conservation & Parks (MOECP)."
B2023-018
299 Ottawa Street N.
10000446086 Ontario Inc./NUR Homes (Charlotte Balluch, GSP Group)
The purpose of the application is to demolish the existing single detached dwelling on
the property and to create 2 lots for a single detached on each of the severed and
retained lots.
Dedicated Road Widening
Dedicated road widening of approximately 3.05m (10 feet) will be required along the
entire property frontage on Ottawa Street N. to comply with the Regional Official Plan
(ROP) designated road width of 30.48m. An Ontario Land surveyor (OLA) would
determine the exact amount of widening to be conveyed.
The lands will be accepted as is
Document Number: 4343604 Version: 1
Page 4 of 8
Page 229 of 278
A draft reference plan prepared by an OLS must be submitted for review and approval
before submitting the plan to the Lands Registry office.
All costs associated with the road widening would be the owner's responsibility, and the
lands must be dedicated to the Region free of encumbrances.
Site Circulation and Access
The access to the existing westerly lot is currently and will be a right -in, right -out -only
access due to the current concrete median on Ottawa Street N.
The access for the proposed easterly lot should be located to the east at 7.Om from the
adjacent residential access of 305 Ottawa St. N. (measured centre to centre) to keep
this access away from the existing centre median on Ottawa Street. The proposed
access does not meet this requirement.
The access should have a 3.7m-6.Om throat width at the new property line and a 1.5m
minimum curb radii/flare out.
The accesses must also be acceptable to the MTO authorities.
Both Lots will need access permit applications with a $100 fee each. The access permit
application is available at:
Application and Payment for an Access Permit - Region of Waterloo
Advisory: Staff notes that this access is also within the MTO Permit control area and
may require their approval as necessary.
Environmental Noise Stud
The proposed development may encounter environmental noise sources at this location
due to traffic on Ottawa Street North (Regional Road #4), Conestoga Parkway (Highway
7/8) and on-off ramps.
A detailed noise study will be required to assess the noise impacts and the noise
attenuation measures required for the proposed development.
It is the responsibility of the applicant to ensure the proposed noise -sensitive
development is not adversely affected by anticipated noise impacts. To address the
environmental noise impacts, the applicant must prepare an Environmental Noise Study
and the noise levels criteria and guidelines for the preparation of the study should follow
the Ministry of the Environment, Conservation and Park NPC -300 requirements.
The consultant who prepares the Environmental Noise Study must be listed on the
Region of Waterloo's Approved List of Noise Consultants. The noise consultant is
responsible for obtaining current information, applying professional expertise in
performing calculations, making detailed and justified recommendations, and submitting
the Consultant Noise Declaration and Owner/Authorized Agent Statement. The
Document Number: 4343604 Version: 1
Page 5 of 8
Page 230 of 278
consultant preparing the Environmental Noise Study must contact Region of Waterloo
staff for transportation data, including traffic forecasts and truck percentages, to prepare
the Environmental Noise Study. Region of Waterloo staff will provide this data within
three weeks of receiving the request from the noise consultant.
Please note that there is a $500 fee for preparing the traffic forecasts and reviewing the
Environmental Noise Study. The noise consultant preparing the Environmental Noise
Study must submit the transportation data request online via
(https://rmow.Permitcentral.ca/Permit/GroupAr)ply?-qroupId=3). Resubmission of any
Transportation Noise Study may be subject to a $250 resubmission fee.
The recommendations of the noise study will be required to be implemented through a
registered agreement with the Region.
Stormwater Management (SWM) Report and Site Grading
The Region will require a detailed grading plan for review and approval. The plan must
show the grades and slopes on the lands abutting the Regional road right-of-way. It
must show the existing and future property lines and the grades along the proposed
access(es).
If the City requires an SWM report, the same should be provided for review and
approval by the Region.
Servicina/Work Perm it/Municiaal Consent
Any new, update to, and/or removal of servicing within the Regional road right-of-way
for Ottawa Street North (RR #4) will require approval through a separate process of
Municipal Consent, and a Region of Waterloo Work Permit must also be obtained from
the Region of Waterloo prior to commencing any work within the Region's right of way.
In this regard, please visit https://rmowroadpermits.mirasan.ca/ for further guidance.
Region of Waterloo Municipal Consent may also be required at the time of construction,
depending on the extent of future work within the Regional Road right of way.
Airport Zoning (Advisory„
For information, the subject lands are within the Transport Canada outer 6km
development area limits. There are no airport -specific concerns. If the applicant has
any questions in this regard, they may be directed to:
Jordan Vander Veen, P. Eng.
Senior Engineer, Region of Waterloo International Airport
Phone 519-648-2256 Ext 8514 Email: ivanderveen(c�regionofwaterloo.ca
Document Number: 4343604 Version: 1
Page 6 of 8
Page 231 of 278
Source Water Protection
The property is designated Wellhead Protection Sensitivity Area 4 on Map 6a of the
Regional Official Plan (ROP). The purpose of this designation and corresponding
policies in Chapter 8 of the ROP, is to protect the Region's long term municipal
groundwater supplies. Geothermal wells are not permitted within this designation. The
owner/applicant will be required to enter into an agreement with the Regional
Municipality of Waterloo to prohibit use of geothermal wells as defined in the ROP.
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) The owner/applicant is required to submit the Regional consent review fee of
$350.00 prior to final approval of the consent.
2) Prior to final approval, a dedicated road widening of approximately 3.05m (10 feet),
free of encumbrances and at owner/applicant's cost, along the entire property
frontage of the severed and retained lands on Ottawa Street N. shall be conveyed
to the Region to comply with the Regional Official Plan (ROP) designated road
width of 30.48m, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
3) Prior to final approval, the owner/applicant obtain Regional Road Access Permits for
both the severed and retained lands from the Region of Waterloo.
4) Prior to final approval, the owner/applicant obtain Municipal Consent and Work
Permit from the Regional Municipality of Waterloo for any road work within the
Ottawa Street N. right-of-way, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
5) Prior to final approval, the owner/applicant submit a detailed grading plan for review
and approval. The plan must show the grades and slopes on the lands abutting the
Regional road right-of-way. It must show the existing and future property lines and
the grades along the proposed access(es). All to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
6) The owner/applicant enter into a registered agreement with the Regional
Municipality of Waterloo, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services, for the severed and retained lands
to provide for the following:
Document Number: 4343604 Version: 1
Page 7 of 8
Page 232 of 278
• A detailed road traffic noise study to address road traffic noise from Ottawa
Street N. and Highway 7/8, and to amend this agreement to secure
implementation of the noise study recommendations.
• To prohibit the use of geothermal energy systems.
General Comments
Any future development on the lands subject to the above -noted consent application will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
4 �F
Shilling Yip, MCIP, RPP
Senior Planner
Document Number: 4343604 Version: 1
Page 8 of 8
Page 233 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 234 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 235 of 278
From: sHLLAKn Paul
To: Committee of Adfusfinent(SH)
subj- : City of Kitchener 23-25 El—dale Drive -820—
la.- Monday, April 3, 2023 9',19'.54 AM
Attachments:
F le l lo,
Neave -xi pt of y rur Appiks can for { rn,en 1, 8701 i () 17 017 dis fed IM a,c h 711,202 1 We her re -with-. (JOCU rcer I. ,on( erning the noted Anal 'catJon a rid have s ,)rTimen o,sr con. rri, at t is time.
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To confirm if Hydro One is your local distributor please follow the follovvi ng link:
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Please let rineknow 1 yon have any j lens or (-oncerii,
T hank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: .D.en.n.is..Q.e.H3n�o(al HydroOne com
This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying.
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Page 236 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 237 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
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11 alo eared I13v ClitirlixI11mirefl: elle 2023
Page 238 of 278
Staff Report
l
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD INVOLVED: Ward 10
DATE OF REPORT: April 12, 2023
REPORT NO.: DSD -2023-176
SUBJECT: Consent Application B2023-018 - 299 Ottawa Street North
RECOMMENDATION:
That Consent Application B2023-018 requesting consent to sever a parcel of land having an
approximate lot width of 10.9 metres, a depth ranging between 42.8 metres and 43.7 metres,
and a lot area of 471 square metres, in general conformity with the Severance Sketch attached
to Report DSD -2023-176, for the purposes of establishing a new single detached dwelling, BE
APPROVED subject to the following conditions:
1. That the 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.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property(ies) to the satisfaction of the City's
Revenue Division.
3. That the owner provides 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 size 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.
4. That the Owner obtains Demolition Control Approval, in accordance with the City's
Demolition Control By-law, to the satisfaction of the City's Director of Planning.
5. That the Owner obtains a Demolition Permit, for the existing single detached dwelling
proposed to be demolished, to the satisfaction of the Chief Building Official, and removes
the existing dwelling prior to deed endorsement.
6. To make arrangements financial or otherwise for the relocation of any existing City -
owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as
required, to the satisfaction of the appropriate City department.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 239 of 278
7. That the Owner provides a servicing plan showing outlets to the municipal servicing system
to the satisfaction of the Director of Engineering Services.
8. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site
(servicing, SWM etc.) with corresponding layer names and asset information to the
satisfaction of the City's Director of Engineering Services, prior to deed endorsement.
9. That the Owner makes financial arrangements for the installation of any new service
connections to the severed and/or retained lands to the satisfaction of the City's Director of
Engineering Services.
10. That any new driveways are to be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's Director of
Engineering Services.
11. That the Owner provides confirmation that the basement elevation can be drained by gravity
to the street sewers to the satisfaction of the City's Director of Engineering Services. If this
is not the case, then the owner will need to pump the sewage via a pump and forcemain to
the property line and have a gravity sewer from the property line to the street to the
satisfaction of the City's Director of Engineering Services.
12. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication
of $11,862.00.
13. That at the sole option of the City's Director of Planning, the Owner shall enter into an
agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction
of the City Solicitor and the City's Director of Planning, which shall include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and retained
lands, in accordance with the City's Tree Management Policy, to be approved by
the City's Supervisor, Site Plans, and where necessary, implemented prior to any
grading, servicing, tree removal or the issuance of building permits. Such plans
shall include, among other matters, the identification of a proposed building
envelope/work zone, a landscaped area and the vegetation to be preserved. If
necessary, the plan shall include required mitigation and or compensation
measures.
b) The owner further agrees to implement the approved plan. No changes to the said
plan shall be granted except with the prior approval of the City's Supervisor, Site
Plans.
c) That the owner shall prepare building elevation drawings for the severed and
retained lands, which shall be in general conformity with the elevation drawings
attached to Report DSD -2023-176, to the satisfaction of the City's Director of
Planning. Said drawings shall be implemented through the Building Permit process.
14. That, prior to final approval, the applicant submits the Consent Application Review Fee of
$350.00 to the Region of Waterloo.
15. Prior to final approval, a dedicated road widening of approximately 3.05m (10 feet), free
of encumbrances and at owner/applicant's cost, along the entire property frontage of the
severed and retained lands on Ottawa Street N. shall be conveyed to the Region to
comply with the Regional Official Plan (ROP) designated road width of 30.48m, all to the
Page 240 of 278
satisfaction of the Regional Commissioner of Planning, Development and Legislative
Services.
16. Prior to final approval, the owner/applicant obtain Regional Road Access Permits for both
the severed and retained lands from the Region of Waterloo.
17. Prior to final approval, the owner/applicant obtain Municipal Consent and Work Permit
from the Regional Municipality of Waterloo for any road work within the Ottawa Street N.
right-of-way, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services.
18. Prior to final approval, the owner/applicant submit a detailed grading plan for review and
approval. The plan must show the grades and slopes on the lands abutting the Regional
road right-of-way. It must show the existing and future property lines and the grades
along the proposed access(es). All to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
19. The owner/applicant enter into a registered agreement with the Regional Municipality of
Waterloo, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services, for the severed and retained lands to provide for the following:
i) A detailed Road Traffic Noise Study to address road traffic noise from Ottawa
Street North and Highway 7/8, and to amend this agreement to secure
implementation of the noise study recommendations.
ii) To prohibit the use of geothermal energy systems.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend conditional approval of the proposed consent
application to permit the creation of a new lot, to facilitate redevelopment of the lands with a
single detached dwelling on each resultant lot.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is addressed as 299 Ottawa Street North and is located on the southeast side
of Ottawa Street North, across from Highway 7/8 on/off ramps, in the Eastwood Planning
Community. The property is currently developed with a 1.5 storey single detached dwelling that was
constructed in approximately 1948.
The property is located approximately 220 metres east of the Ottawa Street entrance to the Kitchener
Memorial Auditorium (KMA) and is approximately 70 metres west of Highway 7/8. The property has
approximately 21.8 metres of frontage on Ottawa Street North and is approximately 952 square
metres in area. The other low rise residential dwellings along this section of Ottawa Street were
constructed between the late 1940s an early 1950s. Along this section of Ottawa Street North, there
are four lanes of traffic and a centre median extends part way in front of the property. Ottawa Street
is a Regional Road, as noted on Map 11— Integrated Transportation System of the Official Plan.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
Page 241 of 278
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051.
The application requests consent to create a new lot by severing the existing lot into two parcels.
The severed lot would have an approximate lot width of 10.9 metres, a depth ranging between 42.8
metres and 43.7 metres, and an area of 471 square metres. The retained lot would have an
approximate width of 10.9 metres, a depth ranging between 43.7 metres and 44.6 metres, and an
area of 481 square metres. The applicant intends on demolishing the existing single detached
dwelling and constructing a new single detached dwelling on each lot. It should be noted that the
`RES -4' Zone would permit each single detached dwelling to be duplexed 'as of right' and to further
intensify to potentially contain three dwelling units each by way of approval of an application for
Minor Variance to permit a reduction in the minimum lot width of 13.1 metres).
As illustrated in the drawings provided with the application form (see Appendix A and Appendix B),
the requested Consent and proposed dwellings would comply with Zoning By-law 2019-051 and no
minor variances would be required.
It should be noted that the subject property is located within the following areas under Zoning By-
law 2019-051, and have associated area -specific regulations, as follows:
• Appendix C: Central Neighbourhood Area. In this case, since the dwellings on the abutting
lots are estimated to be less than 6.5 metres in height, the required maximum building height
is 9.0 metres (rather than 11.0 metres), per Section 7.5. The proposed dwellings are 9.0
metres in height and would comply with this requirement.
Appendix D: Established Neighbourhood Area. In this case, the minimum and maximum front
yards are based on the average of the abutting lots. The proposed dwellings comply with this
area -specific requirement, ensuring that they are set back a similar distance as 291 and 305
Ottawa Street North. Also, area -specific driveway and garage requirements apply as outlined
in Table 5-3 and Section 5.4 of By-law 2019-051. The proposal would comply with these
requirements also.
It should be noted that the proposed lots would be the narrowest along this section of Ottawa Street
and would perhaps be the narrowest single detached lots in the surrounding area, being 10.9 metres
wide. It appears that that the second narrowest lot along this section is directly abutting (305 Ottawa
Street) with a width of approximately 14.5 metres. However, as aforementioned, the proposed lots
would comply with all zoning requirements, including the minimum lot width of 9.0 metres. Planning
staff notes that there are a few semi-detached lots in the surrounding area that are approximately
9.0 metres wide.
Moreover, the proposed lots would have the least land area along this section of Ottawa Street,
being 471 square metres (severed) and 481 square metres (retained). Currently, the lot with the
least land area along this section of Ottawa Street is two properties to the east (i.e., 309 Ottawa St
N), with an area of 576 square metres. However, it appears there are other lots in the surrounding
area that have smaller lot areas, for example:
• 96 McKenzie Ave — 456 m2
• 167 Ottawa St N — 385 m2
As aforementioned, the proposed lots would comply with all zoning requirements, including the
minimum lot area of 235 square metres.
The proposed narrow lots would also result in building designs that are different than many of the
lots in the area. For example, the proposed dwellings are two storeys in height, whereas the majority
Page 242 of 278
dwellings along this section of Ottawa Street North are predominantly 1.5 storeys, though there are
a few two-storey buildings that exist along this section also.
In addition, the proposed dwellings are comparatively narrow (resulting from the narrow lot widths)
and deep, whereas many of the dwellings along this section of Ottawa Street are wide and shallow.
Figure 1 — Subject Property (299 Ottawa Street North) in Context
Figure 2 — Subject Property taken from opposite side of Ottawa Street North. The concrete -
curbed centre median and yellow painted lines are visible in front and to the right.
Page 243 of 278
Figure 3 — Proposed Severance Sketch
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
Page 244 of 278
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the requested consent will facilitate appropriate intensification of
the subject property with the creation of a new lot and will make use of existing infrastructure and
services, including public transit. Planning staff is of the opinion that this proposal is consistent with
the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation.
The subject lands are located within the City's Built -Up Area, as noted on Map 1 — City Urban Area
and Countryside of the Official Plan. The proposed development represents intensification and will
contribute towards achieving the City's intensification goals for the Built -Up Area. The severance
application will help make efficient use of existing infrastructure, parks, roads, and transit. Planning
staff is of the opinion that the development proposal conforms to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. Regional policies require
Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability
to satisfy the various physical, social, economic and personal support needs of current and future
residents. The Region has indicated that they have no objections to the proposed consent subject
to a condition for an access permit. Planning staff is of the opinion that the severance application
conforms to the Regional Official Plan.
City's Official Plan (2014)
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The
Community Areas section of the Official Plan contains the following policy:
3.C.2.52. Limited intensification may be permitted within Community Areas in accordance with
the applicable land use designation on Map 3 and the Urban Design Policies in
Section 11. The proposed development must be sensitive to and compatible with the
character, form and planned function of the surrounding context.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
17.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law, or
a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
Page 245 of 278
C) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties.
Section 4 of the Official Plan outlines the City's Housing policies. Several Housing policies are
applicable to the proposal, such as:
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed
or required to facilitate residential intensification or a redevelopment of lands, the
overall impact of the special zoning regulation(s) or minor variance(s) will be
reviewed, but not limited to the following to ensure, that:
a) Any new buildings and any additions and/or modifications to existing buildings
are appropriate in massing and scale and are compatible with the built form
and the community character of the established neighbourhood...
d) New buildings, additions, modifications and conversions are sensitive to the
exterior areas of adjacent properties and that the appropriate screening and/or
buffering is provided to mitigate any adverse impacts, particularly with respect
to privacy...
4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will
be designed to respect existing character. A high degree of sensitivity to surrounding
context is important in considering compatibility.
Moreover, Section 15.D.3 of the Official Plan outlines the City's Residential policies. Several Low
Rise Residential policies are applicable to the proposal, such as:
15.D.3.8. The Low Rise Residential land use designation will accommodate a full range of low
density housing types which may include single detached dwellings, additional
dwelling units, attached and detached, semi-detached dwellings, street townhouse
dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings,
special needs housing, and other forms of low-rise housing.
15.D.3.9. The City will encourage and support the mixing and integrating of innovative and
different forms of housing to achieve and maintain a low-rise built form.
In response, Planning staff initially had some initial concerns about the scale and character of the
lots, including the narrow width and small land areas, as well as the building forms that would result.
As noted above, the lots would be the narrowest single detached lots in the surrounding area and
among the smallest in land area. In general, the dwellings would be narrower and deeper than most
of the dwellings along this section of Ottawa Street. However, it should be mentioned that the building
form and architecture in the surrounding area is quite varied and smaller lots do exist. Narrower lots
than proposed also exist within the neighbourhood in the form of semi-detached lots.
Page 246 of 278
Taking all these matters into consideration, Planning staff is of the opinion that the proposed lots
reflect the general scale and character of the established development pattern of the surrounding
lands. Moreover, Planning staff advises that the proposed lots fully comply with the Zoning By-law.
Supporting Materials and Approval Condition:
In support of the application, the applicant submitted the following materials:
• Planning Justification Study (PJS),
• Site Plan Drawing (severance sketch),
• Building Elevation Drawings,
• Floor Plan Drawings, and
• Property Survey (including grading and tree information).
These materials have assisted staff in understanding the proposal and attempt to justify the proposal.
Generally, Planning staff agrees with the materials submitted because:
The future dwellings appear to meet the numerous and stringent requirements for Appendix
"C" and Appendix "D" Areas, such as maximum building height, maximum driveway width,
maximum garage width, and a prohibition on garage projections;
The future dwellings provide a greater rear yard setback than the minimum requirement,
which will assist in preventing unacceptable overlook onto adjacent rear yards, since the
dwellings could be deeper than proposed (note that the drawings show a minimum rear yard
setback of 10.81 metres, whereas the required minimum rear yard setback is 7.5 metres);
The driveways will be required to meet the Region's policy for safe access onto a Regional
road at this location.
Planning staff recommends an approval condition requiring the owner to enter into an agreement to
prepare building elevation drawings for the severed and retained lands, which are in general
conformity with the elevation drawings attached to this report, to the satisfaction of the City's Director
of Planning. These drawings would be implemented through the Building Permit process. This
approach is in conformity with Policy 4.C.1.7. of the Official Plan, which applies to Consent
Applications:
The City may require a site plan, elevation drawings, landscaping plans and any other
appropriate plans and/or studies, to support and demonstrate that a proposed development or
redevelopment is compatible with respect to built form, architectural design, landscaping,
screening and/or buffering. These requirements are intended to address the relationship to
adjacent residential development, to ensure compatibility with the existing built form and the
community character of the established neighbourhood and to minimize adverse impacts.
Transportation Matters:
Planning staff initially expressed some transportation -related concerns regarding the interface of the
proposed lots with Ottawa Street [see Section 51(24) of the Planning Act]:
• Ottawa Street North is a four -lane Regional Road and carries a heavy traffic load;
• Ottawa Street North contains a concrete -curbed centre median that extends part way in front
of the subject property;
• In addition to the concrete -curbed median Ottawa Street North also contains yellow painted
lines which do not permit traffic to cross.
• The subject property is located opposite Highway 7/8 on / off ramps;
Page 247 of 278
• The plans provided with the application form show a driveway length / garage layout that
could theoretically accommodate 3 vehicles in a tandem (permitted where there are
additional dwelling units) and all vehicles would need to reverse onto Ottawa Street to exit
the property.
These potential issues might be exacerbated by any future intensification of the lots through creation
of additional dwelling units (attached), which would be feasible. A maximum of 2 dwelling units would
be permitted per resultant lot (a total of four (4) dwelling units where currently only one exists). Also,
there is the potential for 1 additional dwelling unit on each lot, subject to the approval of a minor
variance application for lot width, to permit 3 dwelling units per lot (Bill 23) for a total of six (6) dwelling
units where currently only one exists now.
Notwithstanding, the City's Transportation Services and the Ministry of Transportation (Highway 7/8
and the nearby ramps are under the jurisdiction of MTO) advise that they have no concerns.
The Region has identified that the access for the proposed easterly lot is proposed in proximity of
an existing residential access and a high volume Regional Road having a traffic median and taper
extending farther east. Accordingly, the proposed accesses for both retained and severed parcels,
will be restricted to right -in, right -out only movements. This will be reflected in the access permits
required for the development. Subject to the condition for access permits, the Region has no
concerns.
Tree Management:
The survey drawing provided with the application form illustrates that there is a significant amount
of vegetation (including trees and hedges), both on and off property, in the vicinity of the side and
rear lot lines. Planning staff recommends the standard tree management condition to ensure that
shared/off-property trees are protected from development impacts and that on -property trees are
protected to the extent possible, while permitting development.
The proposed development represents low intensity intensification within the Built Up Area and
would facilitate redevelopment of the property with permitted uses. The proposed dwellings would
provide a different form of single detached dwelling within the area. Planning staff is of the opinion
that the requested Consent conforms to the Official Plan.
Zoning By-law 2019-051
The subject property is zoned as `Low Rise Residential Four Zone (RES -4)' in 2019-051. As noted
above, the proposed lots fully comply with the Zoning By-law and no variances are required to
facilitate the proposed single detached dwellings.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the subject lands are suitable for the purposes for which it
is to be subdivided. While the building layouts and lot dimensions are different than what exists in
the surrounding area, Planning staff is of the opinion that they satisfactorily meet the criteria outlined
in the Planning Act and the Official Plan. The recommended conditions will ensure that future single
detached dwellings are compatible with the surrounding uses and development. Moreover, Planning
staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement, and
the Region of Waterloo Official Plan, conforms to the Growth Plan for the Greater Golden Horseshoe,
and represents good planning.
Environmental Planning Comments:
The following conditions should be applied:
Page 248 of 278
That at the sole option of the City's Director of Planning, the Owner shall enter into an agreement
with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City
Solicitor and the City's Director of Planning, which shall include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and retained lands,
in accordance with the City's Tree Management Policy, to be approved by the City's
Supervisor, Site Plans, and where necessary, implemented prior to any grading, servicing,
tree removal or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, a landscaped area
and the vegetation to be preserved. If necessary, the plan shall include required mitigation
and or compensation measures.
b) The owner further agrees to implement the approved plan. No changes to the said plan
shall be granted except with the prior approval of the City's Supervisor, Site Plans.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the demolition of the
existing building, as well as construction of the new residential buildings.
Engineering Division Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service this
property, all prior to severance approval. Our records indicate sanitary, storm and water
municipal services are currently available to service this property. Any further enquiries in
this regard should be directed to Nolan Beatty — Engineering Technologist, City of Kitchener
Engineering Division (nolan.beatty(a)-kitch ener.ca).
• Any new driveways are to be built to City of Kitchener standards. All works are at the owner's
expense and all work needs to be completed prior to occupancy of the building.
• A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by gravity
to the street sewers. If this is not the case, then the owner would have to pump the sewage
via a pump and forcemain to the property line and have a gravity sewer from the property
line to the street.
Parks/Operations Division Comments:
Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot
will be created. The cash -in -lieu dedication required is $11,862.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Page 249 of 278
Region of Waterloo Comments:
The purpose of the application is to demolish the existing single detached dwelling on the property
and to create 2 lots for a single detached on each of the severed and retained lots.
Dedicated Road Widening
Dedicated road widening of approximately 3.05m (10 feet) will be required along the entire property
frontage on Ottawa Street N. to comply with the Regional Official Plan (ROP) designated road width
of 30.48m. An Ontario Land surveyor (OLA) would determine the exact amount of widening to be
conveyed.
The lands will be accepted as is.
A draft reference plan prepared by an OLS must be submitted for review and approval before
submitting the plan to the Lands Registry office.
All costs associated with the road widening would be the owner's responsibility, and the lands must
be dedicated to the Region free of encumbrances.
Site Circulation and Access
The access to the existing westerly lot is currently and will be a right -in, right -out -only access due to
the current concrete median on Ottawa Street N.
The access for the proposed easterly lot should be located to the east at 7.0m from the adjacent
residential access of 305 Ottawa St. N. (measured centre to centre) to keep this access away from
the existing centre median on Ottawa Street. The proposed access does not meet this requirement.
[City Planning Division note: this paragraph has been modified by updated comments submitted by
the Region on April 12, 2023, included below].
The access should have a 3.7m -6.0m throat width at the new property line and a 1.5m minimum
curb radii/flare out.
The accesses must also be acceptable to the MTO authorities.
Both Lots will need access permit applications with a $100 fee each. The access permit application
is available at:
Application and Payment for an Access Permit - Region of Waterloo
Advisory: Staff notes that this access is also within the MTO Permit control area and may require
their approval as necessary.
Environmental Noise Study
The proposed development may encounter environmental noise sources at this location due to traffic
on Ottawa Street North (Regional Road #4), Conestoga Parkway (Highway 7/8) and on-off ramps.
A detailed noise study will be required to assess the noise impacts and the noise attenuation
measures required for the proposed development.
It is the responsibility of the applicant to ensure the proposed noise -sensitive development is not
adversely affected by anticipated noise impacts. To address the environmental noise impacts, the
applicant must prepare an Environmental Noise Study and the noise levels criteria and guidelines
for the preparation of the study should follow the Ministry of the Environment, Conservation and Park
NPC -300 requirements.
Page 250 of 278
The consultant who prepares the Environmental Noise Study must be listed on the Region of
Waterloo's Approved List of Noise Consultants. The noise consultant is responsible for obtaining
current information, applying professional expertise in performing calculations, making detailed and
justified recommendations, and submitting the Consultant Noise Declaration and Owner/Authorized
Agent Statement. The consultant preparing the Environmental Noise Study must contact Region of
Waterloo staff for transportation data, including traffic forecasts and truck percentages, to prepare
the Environmental Noise Study. Region of Waterloo staff will provide this data within three weeks of
receiving the request from the noise consultant.
Please note that there is a $500 fee for preparing the traffic forecasts and reviewing the
Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must
submit transportation data request online via
https://rmow. permitcentral.ca/Permit/GroupAppIV?groupld=3.
Resubmission of any Transportation Noise Study may be subject to a $250 resubmission fee.
The recommendations of the noise study will be required to be implemented through a registered
agreement with the Region.
Stormwater Management (SWM) Report and Site Grading
The Region will require a detailed grading plan for review and approval. The plan must show the
grades and slopes on the lands abutting the Regional road right-of-way. It must show the existing
and future property lines and the grades along the proposed access(es).
If the City requires an SWM report, the same should be provided for review and approval by the
Region.
Servicing/Work Permit/Municipal Consent
Any new, update to, and/or removal of servicing within the Regional road right-of-way for Ottawa
Street North (RR #4) will require approval through a separate process of Municipal Consent, and a
Region of Waterloo Work Permit must also be obtained from the Region of Waterloo prior to
commencing any work within the Region's right of way.
In this regard, please visit https://rmowroadpermits.mirasan.ca/ for further guidance. Region of
Waterloo Municipal Consent may also be required at the time of construction, depending on the
extent of future work within the Regional Road right of way.
Airport Zoning (Advisory)
For information, the subject lands are within the Transport Canada outer 6km development area
limits. There are no airport -specific concerns. If the applicant has any questions in this regard, they
may be directed to:
Jordan Vander Veen, P. Eng.
Senior Engineer, Region of Waterloo International Airport
Phone 519-648-2256 Ext 8514 Email: jvanderveen(a�regionofwaterloo.ca
Source Water Protection
The property is designated Wellhead Protection Sensitivity Area 4 on Map 6a of the Regional Official
Plan (ROP). The purpose of this designation and corresponding policies in Chapter 8 of the ROP, is
to protect the Region's long term municipal groundwater supplies. Geothermal wells are not
permitted within this designation. The owner/applicant will be required to enter into an agreement
with the Regional Municipality of Waterloo to prohibit use of geothermal wells as defined in the ROP.
Page 251 of 278
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following conditions:
1) The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
2) Prior to final approval, a dedicated road widening of approximately 3.05m (10 feet), free of
encumbrances and at owner/applicant's cost, along the entire property frontage of the severed and
retained lands on Ottawa Street N. shall be conveyed to the Region to comply with the Regional
Official Plan (ROP) designated road width of 30.48m, all to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
3) Prior to final approval, the owner/applicant obtain Regional Road Access Permits for both the
severed and retained lands from the Region of Waterloo.
4) Prior to final approval, the owner/applicant obtain Municipal Consent and Work Permit from the
Regional Municipality of Waterloo for any road work within the Ottawa Street N. right-of-way, to the
satisfaction of the Regional Commissioner of Planning, Development and Legislative Services.
5) Prior to final approval, the owner/applicant submit a detailed grading plan for review and approval.
The plan must show the grades and slopes on the lands abutting the Regional road right-of-way. It
must show the existing and future property lines and the grades along the proposed access(es). All
to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services.
6) The owner/applicant enter into a registered agreement with the Regional Municipality of Waterloo,
to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services,
for the severed and retained lands to provide for the following:
• A detailed road traffic noise study to address road traffic noise from Ottawa Street N. and
Highway 7/8, and to amend this agreement to secure implementation of the noise study
recommendations.
• To prohibit the use of geothermal energy systems.
General Comments
Any future development on the lands subject to the above -noted consent application will be subject
to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please
accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to
each of the consent applications noted above. Should you require Regional Staff to be in attendance
at the meeting or have any questions, please do not hesitate to contact the undersigned.
Page 252 of 278
PLANNING, DEVELOPMENT
AND LEGISLATIVE 3ERNCES
CmnmunityP|*nmnQ
150 F � e d e � 6 St t oet Bt I inue r
m*°mmo*mmmm^moaou
4,,k,phone: 51 9575-4400
I 11Y� 519 575 4608
Fax: 519-5/5-4466
WWVV
Shilling Yip
(226)7G3 -10G4
D20-20/23 KIT
VIA EMAIL
Aprii 12, 2023
Marilyn Mills
Secretary -Treasurer
Committee ofAdjustment
City ofKitchener
P.O.Box 1118
20OKing Street East
Kitchener, [)NN2G4G7
Dear Ms. Mills:
Ha: Additional Comments B2023-018
299 Ottawa Street NCommittee of Adjustment Hearing April 18, 2023
CITY OF KITCHENER
-
Region staff wish to provide the following additional comments related to the proposed
access on Ottawa Street N. for the severed and retained parcels.
The access for the proposed easterly lot ioproposed inproximity ofanexisting residential
aoomna and a high volume Regional Road having a painted traffic median and taper
extending further east. Aucondin#Uy, the proposed ooceomee for both retained and
severed parne|n, will be restricted in hght'in, right -out only movements. This will be
reflected inthe access permits required for the development.
The Region conditions ofthe consent application remain unchanged.
Yours truly,
Shilling Yip, K8C|P. RPP
Document Number: 4354118 Version: 1
Page 253 of 278
Ministry of Transportation Comments:
Based on the comments provided by the Region of Waterloo in the attached email, the Ministry of
Transportation (MTO) supports the proposed Consent, with the understanding that the following be
included as condition of consent:
Upon registration of the consent, and after registration of the parcels, the property owner shall make
an application for MTO Building and Land use permit(s).
The concept plan of two single residential units at the existing 299 Ottawa street property has been
considered in accordance with the Public Transportation and Highway Improvement Act (PTHIA),
MTO's Highway Corridor Management Manual (HCMM) and all related guidelines and policies. The
following outlines our comments:
The owner should be aware that the property falls within MTO's Permit Control Area (PCA), and as
such, MTO Permits are required before any demolition, grading, construction or alteration to the site
commences. In accordance with the Ontario Building Code, municipal permits may not be issued
until such time as all other applicable requirements (i.e.: MTO permits/approvals) are satisfied. As a
condition of MTO permit(s) MTO will require the following for review approval:
The site is in close proximity to Highway 7, a Controlled Access Highway classified as a Al Freeway,
with a posted speed limit of 90 km/h. As such, all requirements, guidelines and best practices in
accordance with this classification and designation will apply. MTO has no objections to the
severance, with the understanding that the MTO permits listed below will be obtained, and that the
following be included as condition of consent;
Upon registration of the consent, and after registration of the parcels, the property owner shall make
an application for MTO Building and Land use permit(s).
Permit Requirements:
• MTO Building and Land Use Permit(s) will be required for each site prior to any work
occurring.
o Site Plans detailing the proposed work on each lot shall be attached to the permit
application. The site plans must include any above/below ground structures, parking,
ext.
For reference, MTO Building and Land Use permits may be applied for by this link,
Ih-t-tps:://www..Ihcirns..irn-to..gov..oin..ca/
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
Page 254 of 278
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 2019-051
ATTACHMENTS:
Attachment A — Severance Sketch provided with Application Form
Attachment B — Elevation Drawings provided with Application Form
Page 255 of 278
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PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
1501 Frederick Street 6th Floor
Kitchener Ontario N2G 4A Canaria
Telephone: 516-575-4400
1TY:519 575.4608
Fax: 519-575-4466
www.regionof aterleao,czr
Shilling Yip
(226) 753-1064
D20-20/23 KIT
VIA EMAIL
April 12, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Dear Ms. Mills:
Re: Additional Comments B2023-018
299 Ottawa Street N.
Committee of Adjustment Hearing April 18, 2023
CITY OF KITCHENER
Region staff wish to provide the following additional comments related to the proposed
access on Ottawa Street N. for the severed and retained parcels.
The access for the proposed easterly lot is proposed in proximity of an existing residential
access and a high volume Regional Road having a painted traffic median and taper
extending further east. Accordingly, the proposed accesses for both retained and
severed parcels, will be restricted to right -in, right -out only movements. This will be
reflected in the access permits required for the development.
The Region conditions of the consent application remain unchanged.
Yours truly,
Shilling Yip, MCIP, RPP
Senior Planner
Document Number: 4354118 Version: 1
Page 1 of 1
Page 265 of 278
VIA EMAIL
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Dear Ms. Mills:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
1501 Frederick Street 6th Floor
Kitchener Ontario N2G 4A Canaria
Telephone: 516-575-4400
1TY:519 575.4608
Fax: 519-575-4466
www.regionof aterleao,czr
Shilling Yip
(226) 753-1064
D20-20/23 KIT
April 3, 2023
Re: Comments for Consent Applications B2023-005 and B2023-006
Committee of Adjustment Hearing April 18, 2023
CITY OF KITCHENER
B2023-016
73 Second Ave.
Weijie Zhang (Boban Jokanovic, Bobicon Ltd.)
The purpose of the application is to demolish the existing dwelling on the property and
to create two lots for a duplex on each of the severed and retained lots.
Environmental Noise Study
Both severed and retained residential lots may have impacts from road noise from traffic
on Conestoga Parkway (Highway 7/8).
The following conditions should be secured through a registered agreement with the
City of Kitchener for ALL DWELLING UNITS on both retained and severed lots:
a) The dwelling will be fitted with a forced air -ducted heating system suitably sized and
designed with provision for the installation of central air conditioning in future at the
occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase, deeds
and rental agreements:
Document Number: 4343604 Version: 1
Page 1 of 8
Page 266 of 278
"The purchasers/tenants are advised that sound levels due to increasing road
traffic Highway 7/8 may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks (MECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium -density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
Alternatively, the applicant may choose to undertake a detailed environmental noise
study to assess the environmental noise impacts on the proposed residential dwellings
on retained and severed lots. The recommendations of the detailed noise study will be
implemented through a registered agreement with the City of Kitchener.
Source Water Protection
For information, the property is designated Wellhead Protection Sensitivity Area 8 on
Map 6a of the Regional Official Plan (ROP). The purpose of this designation and
corresponding policies in Chapter 8 of the ROP, is to protect the Region's long term
municipal groundwater supplies. No action is required by the applicant.
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) The owner/applicant is required to submit the Regional consent review fee of
$350.00 prior to final approval of the consent.
2) The owner/applicant enter into a registered agreement with the City of Kitchener to
provide the following:
That for both the severed and retained lands:
Document Number: 4343604 Version: 1
Page 2 of 8
Page 267 of 278
a) The dwelling(s) will be fitted with a forced air -ducted heating system suitably
sized and designed with provision for the installation of central air conditioning in
future at the occupant's discretion.
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic Highway 7/8 may occasionally interfere with some activities of the dwelling
occupants as the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks (MECP).
This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium -density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
c) That as an alternative to a) and b) above, the owner/applicant agrees to
complete a road traffic noise study to the satisfaction of the City of Kitchener, in
consultation with the Region of Waterloo, and to amend this agreement to
implement the recommendations of the accepted noise study.
B2023-017
23 and 25 Elmsdale Drive
Waltraud Ratte (Valerie Schmidt, GSP Group)
The purpose of the application is to create separate lots for the existing semi-detached
dwelling on the property.
Environmental Noise Warning Clause
Both severed and retained residential lots are located within 200m of the highway
(approximately 178m) and may have impacts from road noise from traffic on Highway
7/8.
The following warning clause must be secured in a registered agreement with the City
of Kitchener for both the severed and retained lots,
That the following noise warning clause be included in all offers of purchase, deeds and
rental agreements:
Document Number: 4343604 Version: 1
Page 3 of 8
Page 268 of 278
"Purchaser/tenants are advised that sound levels due to increasing road traffic on
Highway 7/8 may, on occasions, interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo and the
Ministry of the Environment Conservation & Parks (MOECP)."
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) The owner/applicant is required to submit the Regional consent review fee of
$350.00 prior to final approval of the consent.
2) The owner/applicant enter into a registered agreement with the City of Kitchener to
provide the following:
That the following noise warning clause be included in all offers of purchase, deeds and
rental agreements:
"Purchaser/tenants are advised that sound levels due to increasing road traffic on
Highway 7/8 may, on occasions, interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo and the
Ministry of the Environment Conservation & Parks (MOECP)."
B2023-018
299 Ottawa Street N.
10000446086 Ontario Inc./NUR Homes (Charlotte Balluch, GSP Group)
The purpose of the application is to demolish the existing single detached dwelling on
the property and to create 2 lots for a single detached on each of the severed and
retained lots.
Dedicated Road Widening
Dedicated road widening of approximately 3.05m (10 feet) will be required along the
entire property frontage on Ottawa Street N. to comply with the Regional Official Plan
(ROP) designated road width of 30.48m. An Ontario Land surveyor (OLA) would
determine the exact amount of widening to be conveyed.
The lands will be accepted as is
Document Number: 4343604 Version: 1
Page 4 of 8
Page 269 of 278
A draft reference plan prepared by an OLS must be submitted for review and approval
before submitting the plan to the Lands Registry office.
All costs associated with the road widening would be the owner's responsibility, and the
lands must be dedicated to the Region free of encumbrances.
Site Circulation and Access
The access to the existing westerly lot is currently and will be a right -in, right -out -only
access due to the current concrete median on Ottawa Street N.
The access for the proposed easterly lot should be located to the east at 7.Om from the
adjacent residential access of 305 Ottawa St. N. (measured centre to centre) to keep
this access away from the existing centre median on Ottawa Street. The proposed
access does not meet this requirement.
The access should have a 3.7m-6.Om throat width at the new property line and a 1.5m
minimum curb radii/flare out.
The accesses must also be acceptable to the MTO authorities.
Both Lots will need access permit applications with a $100 fee each. The access permit
application is available at:
Application and Payment for an Access Permit - Region of Waterloo
Advisory: Staff notes that this access is also within the MTO Permit control area and
may require their approval as necessary.
Environmental Noise Stud
The proposed development may encounter environmental noise sources at this location
due to traffic on Ottawa Street North (Regional Road #4), Conestoga Parkway (Highway
7/8) and on-off ramps.
A detailed noise study will be required to assess the noise impacts and the noise
attenuation measures required for the proposed development.
It is the responsibility of the applicant to ensure the proposed noise -sensitive
development is not adversely affected by anticipated noise impacts. To address the
environmental noise impacts, the applicant must prepare an Environmental Noise Study
and the noise levels criteria and guidelines for the preparation of the study should follow
the Ministry of the Environment, Conservation and Park NPC -300 requirements.
The consultant who prepares the Environmental Noise Study must be listed on the
Region of Waterloo's Approved List of Noise Consultants. The noise consultant is
responsible for obtaining current information, applying professional expertise in
performing calculations, making detailed and justified recommendations, and submitting
the Consultant Noise Declaration and Owner/Authorized Agent Statement. The
Document Number: 4343604 Version: 1
Page 5 of 8
Page 270 of 278
consultant preparing the Environmental Noise Study must contact Region of Waterloo
staff for transportation data, including traffic forecasts and truck percentages, to prepare
the Environmental Noise Study. Region of Waterloo staff will provide this data within
three weeks of receiving the request from the noise consultant.
Please note that there is a $500 fee for preparing the traffic forecasts and reviewing the
Environmental Noise Study. The noise consultant preparing the Environmental Noise
Study must submit the transportation data request online via
(https://rmow.Permitcentral.ca/Permit/GroupAr)ply?-qroupId=3). Resubmission of any
Transportation Noise Study may be subject to a $250 resubmission fee.
The recommendations of the noise study will be required to be implemented through a
registered agreement with the Region.
Stormwater Management (SWM) Report and Site Grading
The Region will require a detailed grading plan for review and approval. The plan must
show the grades and slopes on the lands abutting the Regional road right-of-way. It
must show the existing and future property lines and the grades along the proposed
access(es).
If the City requires an SWM report, the same should be provided for review and
approval by the Region.
Servicina/Work Perm it/Municiaal Consent
Any new, update to, and/or removal of servicing within the Regional road right-of-way
for Ottawa Street North (RR #4) will require approval through a separate process of
Municipal Consent, and a Region of Waterloo Work Permit must also be obtained from
the Region of Waterloo prior to commencing any work within the Region's right of way.
In this regard, please visit https://rmowroadpermits.mirasan.ca/ for further guidance.
Region of Waterloo Municipal Consent may also be required at the time of construction,
depending on the extent of future work within the Regional Road right of way.
Airport Zoning (Advisory„
For information, the subject lands are within the Transport Canada outer 6km
development area limits. There are no airport -specific concerns. If the applicant has
any questions in this regard, they may be directed to:
Jordan Vander Veen, P. Eng.
Senior Engineer, Region of Waterloo International Airport
Phone 519-648-2256 Ext 8514 Email: ivanderveen(c�regionofwaterloo.ca
Document Number: 4343604 Version: 1
Page 6 of 8
Page 271 of 278
Source Water Protection
The property is designated Wellhead Protection Sensitivity Area 4 on Map 6a of the
Regional Official Plan (ROP). The purpose of this designation and corresponding
policies in Chapter 8 of the ROP, is to protect the Region's long term municipal
groundwater supplies. Geothermal wells are not permitted within this designation. The
owner/applicant will be required to enter into an agreement with the Regional
Municipality of Waterloo to prohibit use of geothermal wells as defined in the ROP.
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) The owner/applicant is required to submit the Regional consent review fee of
$350.00 prior to final approval of the consent.
2) Prior to final approval, a dedicated road widening of approximately 3.05m (10 feet),
free of encumbrances and at owner/applicant's cost, along the entire property
frontage of the severed and retained lands on Ottawa Street N. shall be conveyed
to the Region to comply with the Regional Official Plan (ROP) designated road
width of 30.48m, all to the satisfaction of the Regional Commissioner of Planning,
Development and Legislative Services.
3) Prior to final approval, the owner/applicant obtain Regional Road Access Permits for
both the severed and retained lands from the Region of Waterloo.
4) Prior to final approval, the owner/applicant obtain Municipal Consent and Work
Permit from the Regional Municipality of Waterloo for any road work within the
Ottawa Street N. right-of-way, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services.
5) Prior to final approval, the owner/applicant submit a detailed grading plan for review
and approval. The plan must show the grades and slopes on the lands abutting the
Regional road right-of-way. It must show the existing and future property lines and
the grades along the proposed access(es). All to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
6) The owner/applicant enter into a registered agreement with the Regional
Municipality of Waterloo, to the satisfaction of the Regional Commissioner of
Planning, Development and Legislative Services, for the severed and retained lands
to provide for the following:
Document Number: 4343604 Version: 1
Page 7 of 8
Page 272 of 278
• A detailed road traffic noise study to address road traffic noise from Ottawa
Street N. and Highway 7/8, and to amend this agreement to secure
implementation of the noise study recommendations.
• To prohibit the use of geothermal energy systems.
General Comments
Any future development on the lands subject to the above -noted consent application will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
4 �F
Shilling Yip, MCIP, RPP
Senior Planner
Document Number: 4343604 Version: 1
Page 8 of 8
Page 273 of 278
�,6nd 11,
Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6
4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar1IC div r.ca
Go n
April 3, 2023
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — April 18, 2023
Applications for Minor Variance
A 2023-032
22 Hebei Place
A 2023-040
245 Wellington Street North
A 2023-041
45 Bond Street
A 2023-042
100 Monteagle Crescent
A 2023-044
230 Black Walnut Place
A 2023-045
125 Hickson Drive
A 2023-046
74 Carnaby Crescent
A 2023-047
744 King Street East
A 2023-048
1200 Fischer Hallman Road
A 2023-049
37 Manitou Drive
A 2023-050
92 Arnold Street
A 2023-051
110 Clark Avenue
A 2023-052
306 Wellington Street North
Applications for Consent
B 2023-016 73 Second Avenue
B 2023-017 23 & 25 Elmsdale Drive
B 2023-018 299 Ottawa Street North
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)_grandriver.ca or
519-621-2763 ext. 2228.
I'rrfefni ")ei' Irl ) on(,,rv,u hon On :, rio, reprr senr7 ng ):.irrt,',�i ion's C)5 r.crns.',,rv,�ilion Au. horit.ies I ih e (Irarr<d A Canadi<m � erit r7.)e River
Page 274 of 278
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 275 of 278
From: SHLLAKn Paul
To: Committee of Adfusfinent(CM)
Subject: City of Kitchener 299 0- street North -82023
Dale: rAonday, April 3, 20239', 20', 55 AM
Attachments: imaae001.ona
Hello,
We are in receipt of your AppllCaII- for Consent, B2023-018 dated Marchi 24,2013. We have reviewed the documents concer nlrip, the noted Application and have no comments of crncems aI this bane. Qii
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Specialized Services Learn Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: DennisDeR.a.ngo-@H-vdroOne.com
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Page 276 of 278
From: Johnston. Jeremiah (MTO)
To: Clerks (SM); Committee of Adjustment (SM)
Cc: Alison Fox; Andrew Pinnell
Subject: RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date: Monday, March 27, 2023 11:30:31 AM
Attachments: Comments sent to Kitchener 299 Ottawa Street North (consent) 12 08 22.odf
Hello,
B 2023-018 - 299 Ottawa Street North
MTO provided one condition of consent in the attached email.
Upon registration of the consent, and after registration of the parcels, the property
owner shall make an application for MTO Building and Land use permit(s).
MTO comments provided in pre con should be attached should be added to the file.
MTO has no requirements for these applications:
A 2023-040 - 245 Wellington Street North
A 2023-041 - 45 Bond Street
A 2023-042 - 100 Monteagle Crescent
A 2023-043 - 300 Countrystone Crescent
A 2023-044 - 230 Black Walnut Place
A 2023-045 - 125 Hickson Drive
A 2023-046 - 74 Carnaby Crescent
A 2023-047 - 744 King Street East
A 2023-048 - 1200 Fischer Hallman Road
A2023-049- 37 Manitou Drive
A 2023-050 - 92 Arnold Street
A 2023-051 - 110 Clark Avenue
A 2023-052 - 306 Wellington Street North
B 2023-016 - 73 Second Avenue
B 2023-017 - 23 & 25 Elmsdale Drive
Thank you,
0elreirnl ah llarli7lrn">toirY corridor IManagemer)t Planner
Corridor Management Section
Ministry of i ransportation Operations Branch West
659 Exeter Road, London, ON N6E 1.1.3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: March 24, 2023 4:14 PM
Page 277 of 278
To: Johnston, Jeremiah (MTC) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you -
sender.
Ill llrk II Ihas s1haired the fIl lr Colmilmilittee of Adjustment
Allp I III iii catill oiris wil-th you.,
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener -
Meeting date April 18, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass word". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA e kitchener.ca
Thank you.
ShareFile is a toolfor ♦ f receiving, and organizing your business files online. It can4
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Page 278 of 278