HomeMy WebLinkAboutCA Agenda - 2022-01-18COMMITTEE OF ADJUSTMENT - CITY OF KITCHENER
(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 electronically
TUESDAY, January 18, 2022, commencing at 10:00 a.m. for the purpose of hearing the following
applications for Minor Variance and/or Consent. Due to COVID-19, City Hall is currently open by
appointment only, Applicants or Agents must register to participate electronically in support of the
application. This is a public meeting, anyone having an interest in any of these applications may register to
participate electronically as a delegation or submit comments for Committee consideration. If you wish to
register, please email CofA@kitchener.ca or via phone at 519-741-2203. Please note this electronic
meeting is a public meeting and will be recorded.
APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT
A 2022-001 - 85 Green Valley Drive
Permission to reconstruct the parking structure for an existing multi-residential 10 storey, 95-unit building,
having 1.1 parking space per unit (105 spaces), including visitor parking, rather than the required 1.5
parking spaces per unit (143 spaces), including visitor parking; 6 visitor parking spaces rater than the
required 29 spaces; and, 4 visitor parking spaces and portions of barrier free parking to be located within
front yard between the front building façade and front lot line where as the By-law does not permit parking
within 6m setback.
A 2022-002 - 79-87 Scott Street, 66-82 Weber Street East, & 12-29 Pearl Place
Permission to provide for a restaurant having 0 parking spaces rather than the required 1spaces/9.5 sq.m.
(30 parking spaces).
A 2022-003 - 53 Margaret Avenue
Permission to legalize an existing triplex dwelling on a lot having an area of 432 sq.m. rather than the
required 495 sq.m.; a setback from Maynard Street of 2.75m rather than the required 4.5m; a rear yard
setback of 3.5m rather than the required 7.5m; having 3 off-street parking spaces located between the
building facade and the side lot line abutting Maynard Street whereas the By-law does not permit parking
between the facade and front lot line; the required off-street parking to be located 0m from the side lot line
abutting Maynard Ave rather than the required 3m; and, the 3 off-street parking spaces to have a depth of
4.3m rather than the required 5.5m.
A 2022-004 - 470 Blair Creek Drive
Permission to install stairs on the northerly side yard of the existing single detached dwelling having a side
yard setback of 0.35m rather than the required 0.75m to support the conversion to a duplex dwelling with a
separate entrance.
A 2022-005 - 86 Chestnut Street
Permission to convert an existing garage in the rear yard of an existing single detached dwelling into an
accessory dwelling unit on a lot having a width of 12.19m rather than the required 13.1; and, to legalize a
northly side yard setback of 1.03m rather than the required 1.2m.
A 2022-006 - 49 Lower Mercer Street
Permission to convert an existing single detached dwelling into a duplex having the 2 required off-street
parking located 0m from the front lot line rather than the required setback of 6m.
A 2022-007 - 110 Manitou Drive
Permission to add the use for accessory retail sales to the warehouse use on the subject lands to occupy a
Gross Floor Area (GFA) of 22% (130 sq.m. GFA) of the existing building.
A 2022-008 - 210 Waterloo Street
Permission to construct a two-storey addition and deck in the rear of an existing single detached dwelling
having a northerly side yard setback of 0.7m rather than the required 1.2m; a southerly side yard setback
of 0.6m rather than the required 1.2m; and, to legalize an existing driveway having a southerly side yard
setback of 0m rather than the required 0.6m.
A 2022-009 - 764 Stirling Avenue South
Permission to convert the existing duplex into a triplex as part of an existing multi-residential development,
the triplex building having a front yard setback from Stirling Avenue South of 6.02m rather than the
required 10m; and, a parking rate of 1.4 spaces per dwelling unit rather than the required 1.5 spaces per
unit.
A 2022-010 - 129 Max Becker Drive
Permission to construct a single-storey sunroom in the rear yard of an existing single detached dwelling
having a rear yard setback of 5.97m rather than the required 7.5m.
B 2022-001 - 26 Edgewood Drive
Permission to sever a parcel of land so each lot would contain one newly constructed semi-detached
dwelling. The severed land identified as red on the plan submitted with the application having a width of
7.93m, a depth of 30.48m, and an area of 241.7sq.m. The retained land identified as green on the plan
submitted with the application having a width of 7.93m, a depth of 30.48m, and an area of 241.7sq.m.
B 2022-002 - 670 Fairway Road South
Permission for a lease in excess of 21 years for a restaurant and drive-thru, the subject property a width of
29.069m, a depth of 67.265m, and an area of 1881.35sq.m.
B 2022-003 - 74 Rutherford Drive
Permission to sever a parcel of land identified in red on the plan submitted with the application having a
width of 11.43m, a depth of 60.35m, and an area of 689.8sq.m. The retained land identified as green on
the plan submitted with the application having a width of 11.43m, a depth of 60.35m, and an area of
689.8sq.m. The parcels are intended for duplex dwellings.
B 2022-004 to B 2022-006 - 32 Burgetz Avenue
Permission to sever a parcel of land to provide for the construction of 2 semi-detached dwellings on 4 lots.
B 2020-004 (Severed Lot - Part 1) B 2020-005 (Severed Lot - Part 2)
Width - 6.89m Width - 6.99m
Depth - 29.147m Depth - 28.829m
Area - 201.7sq.m. Area - 202.4sq.m.
B 2020-006 (Severed Lot Part 3) Retained Lot (Part 4)
Width - 6.87m Width - 6.7m
Depth - 28.516m Depth - 28.275m
Area - 197sq.m. Area - 207.8sq.m.
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.
a person or public body that files an appeal of a consent decision of the Committee of Adjustment must
make written submissions to the Committee before the Committee gives or refuses to give a Provisional
Consent otherwise the Ontario Land Tribunal (OLT) may dismiss the appeal.
anypersonal 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 Sarah
Goldrup at sarah.goldrup@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; this request also entitles
you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful
party you should make this request as the decision could be appealed by the applicant or another party.
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Dated the 31 day of December, 2021.
Sarah Goldrup
Acting Secretary-Treasurer
Committee of Adjustment
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Thompson, Lisa, Planning Technician 519-741-2200 Ext. 7847
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: January 5, 2022
REPORT NO.: DSD-2022-045
SUBJECT: Minor Variance Application A2022-001 - 85 Green Valley Drive -
Owner Destaron Residential Inc. c/o 85 Green Valley Drive Limited Applicant Victor
Labreche, IBI Group
RECOMMENDATION:
That application A2022-001 requesting relief from Section 6.1.2 a) to allow parking to be
provided at 1.1 spaces/unit, rather than the required 1.5 spaces/unit; Section 6.1.2 b) vi)B) to
allow visitor parking to be provided at the rate of 10%, rather than the required 20%; and to
permit parking spaces to be located between the front building façade and front lot line, all
be approved subject to the following conditions:
1. That the variances shall only apply to the site plan approved under application
SP21/075/G/LT.
REPORT HIGHLIGHTS:
The application is requesting three minor variances to the parking regulations in By-law 85-1. The
variances have been identified through the site plan process. The owner has submitted a site plan
application to demolish the existing deteriorating parking structure on the property and replace it with
an updated surface parking lot for the existing building. No changes to the existing building or
number of units are proposed.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location Map
BACKGROUND:
The property is designated as High Rise Residential a
Community Area Map and is zoned Residential Nine (R-9) in Zoning
By-law 85-1.
REPORT:
Planning Comments:
Planning staff have been working with the owner of the property on site plan application
SP21/075/G/LT which proposes to demolish the existing parking structure and replace it with an
upgraded surface parking lot. Through the site plan review, the three minor variances related to
parking were identified.
Existing Building Existing Parking Structure (to be removed)
Proposed Site Plan
In considering the four tests for 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 High Rise Residential in the Official Plan which supports the existing use
of the 95-unit multiple dwelling on the property. The proposed variances related to parking do not
impact the existing use of the property and will therefore, maintain the general intent of the Official Plan.
General Intent of the Zoning By-law
The R-9 zone is intended to provide high density multiple dwellings. The property is presently occupied
by a 95-unit multiple dwelling which will remain. The by-law also require specific parking ratios for
different types of uses. For a multiple dwelling of this size, the zoning by-law requires 1.5 spaces per
-
law 2019-051, which is currently in effect for non-residential properties. It is anticipated that the new
zoning regulations for residential zones will be implemented in 2022. The reduction in visitor parking to
10%, rather than 20% is, again, in line with the new zoning to be implemented. The small portion of the
barrier free parking spaces between the building façade and front lot line maintains the intent of the by-
law as they do not overwhelm the front yard of the property. Based on the foregoing reasons, the
variances are considered to maintain the general intent of the current and future zoning by-laws.
Is the Variance Minor?
Staff consider the three requested variances for parking to be minor in nature as there will be adequate
parking on site for each unit as well as an allotment for visitor parking. The proposed parking ratios are
in keeping with the direction of the new zoning by-law and will not have any impact on the neighbouring
properties or street network.
Is the Variance Appropriate?
Staff consider the minor variances to be appropriate as demolition of the existing deteriorating parking
structure will provide a safe parking alternative for both residents and visitors to the property. The new
surface parking lot will be curbed, paved, illuminated, and demarcated appropriately.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
demolition of the existing parking garage is obtained prior to demolition. Please contact the Building
Division at building@kitchener.ca with any questions.
Transportation Comments:
Transportation Services does not have any concerns with the proposed parking rate as it meets the
intent of By-law 2019-051 which is proposed to be applied to all residential properties in 2022.
Transportation Services strongly encourages the applicant to consider the provision of EV infrastructure
for some of the parking spaces through this reconstruction, as well as some secured bicycle parking,
if possible.
Engineering Comments:
All Engineering requirements will be addressed through site plan application SP21/075/G/LT.
Environmental Planning Comments:
No natural heritage concerns, tree management requirements will be addressed through Site Plan
Application SP21/075/G/LT
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
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
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
A Site Plan application has been filed for this property and is under review.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
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2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 7, 2021
REPORT NO.: DSD-2022-024
SUBJECT: Consent Application - A2022-002
79-87 Scott Street, 66-82 Weber Street East, 12-29 Pearl Place
Owner: Killam Apartment REIT
Applicant: Chris Pidgeon, GSP Group
RECOMMENDATION:
That application A2022-002 requesting permission to permit 0 parking spaces for a restaurant
use whereas 30 parking spaces for a restaurant use at a rate of 1 space per 9.5 square metres
are required; be approved subject to the following conditions;
1. That a Zoning (Occupancy) Certificate is obtained for the from the Planning Division
to establish the Restaurant use on the property.
2. The applicant agrees to enter into an agreement registered on title to ensure the
provision of the following: 16 additional bicycle parking spaces above the required
minimum (as noted in the TDM Checklist included with the submissions).
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3. That all conditions shall be completed prior to January 31, 2023. Any request for a
time extension must be approved in writing by the Manager of Development Review
(or designate), prior to the completion date set out in this decision. Failure to fulfill
these conditions, will result in this approval becoming null and void.
REPORT HIGHLIGHTS:
The applicant is requesting relief from Section 6.1.2 a) of the Zoning By-law to permit 0 parking
spaces for a restaurant use whereas 30 parking spaces for a restaurant use at a rate of 1 space per
9.5 square metres is required.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location Map 79-87 Scott Street, 66-82 Weber Street East, 15-29 Pearl Place
BACKGROUND:
The property is designated as Medium Density Commercial Residential in the Central Frederick
Neighbourhood Secondary Plan within Major Transit
Station Area
The property is zoned as Commercial Residential Two Zone (CR-2) with Special Regulations and
Use Provisions 115R, 552R, 125U and 407U in Zoning By-law 85-1.
A site plan application has been approved for the construction of an 11-storey mixed use building
which features 172 residential units with at grade and underground parking. An existing building at
82 Weber Street East will maintain the existing office uses. The applicant is proposing to convert
some of the proposed amenity space within the new building to contain a restaurant use. The
proposed at grade parking on the property will be shared between the office uses, visitor parking,
and the proposed restaurant use. The owner has also incorporated an increased amount of bicycle
parking to be provided on site, and through this application will increase the amount of bicycle
parking by 16 spaces.
REPORT:
(Planning Comments:
In considering the four tests for 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 Medium Density Commercial Residential in the Central Frederick
The intent of the Medium Density
Commercial Residential designation is to allow for medium density residential, office and institutional
development. Permitted commercial uses are restricted to offices, health clinic/office, restaurants, as
we as a few other limited number of commercial uses. Commercial and residential uses may be within
separate buildings or may be integrated in mixed use developments. Section 13.C.7 of the Official Plan
also supports transportation demand management measures as a way to reduce traffic congestion,
parking supply needs and demand for parking spaces by encouraging alternative modes of travel. The
proposed variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the parking rate for a restaurant use is to ensure that there is a sufficient supply of
parking for the high demand generated by a restaurant use. The current 85-1 Zoning By-law requires
the higher parking rate however, it is the intent of the new 2019-051 Zoning By-law to reduce the
parking requirement for properties that are within Major Transit Station Areas. It is also the direction
of 2019-051 to permit commercial parking and visitor parking to be shared for mixed use
developments. This property would fall into that category.
Furthermore, the property is directly adjacent to the urban growth centre where there is no minimum
parking requirement for a restaurant use. The property is also a short walk away from the LRT
corridor and Frederick St. LRT station. The site plan application incorporated extra TDM measures
by including an increased amount of bicycle parking. Through this application the amount of bicycle
parking required will increase by 16 spaces.
The parking that is located on site will be shared for all commercial uses and visitor spaces for the
residential building. 58 spaces are located on site for this purpose and the applicant has provided a
parking justification study that staff have reviewed and are in full support. The 58 spaces provided
for shared use will be adequate for the intended uses on site. It is the opinion of staff that the variance
for a parking reduction meets the general intent of the Zoning By-law.
Is the Variance Minor?
The variance can be considered minor as it is the opinion of staff that the proposed reduced parking
rate will not negatively impact the proposed residential and commercial uses on site. It is noted that the
applicant has provided information that the proposed parking spaces will be shared among the uses on
the property and there will be sufficient parking for each of the uses throughout the day.
Is the Variance Appropriate?
The variance is appropriate for the development and use of the land. The requested variances should
not impact any of the adjacent properties or the surrounding neighbourhood. There are no intentions to
modify the existing structure or site layout that is currently under construction, and staff will ensure the
property meets the City zoning regulations. The development will not negatively impact the existing
character of the subject property or surrounding neighbourhood.
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City Planning staff conducted a site inspection of the property on December 31, 2021.
Photo of Subject Property (Front and Rear view)
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Comments:
Transportation Services can support the proposal based on the supporting documents provided by
Salvini Consulting.
As a condition of approval, the applicant agrees to enter into an agreement registered on title to
ensure the provision of the following:
a. 16 additional bicycle parking spaces above the required minimum (as noted in the TDM
Checklist included with the submissions).
Heritage Comments:
The properties municipally addressed as 87 Scott Street and 82 Weber Street East are listed as
non-
Register.
Based on the nature of the minor variance application, which includes a reduction in parking
spaces for a restaurant use, and that no negative impacts to the listed properties are anticipated as
a result of the minor variance, Heritage Planning staff has no concerns.
Environmental Comments:
No environmental planning concerns.
Approved Site Plan
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
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
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
A2019-023 Minor Variance Application
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ
tğŭĻ Њ ƚŅ Ћ
2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning)
519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: January 10, 2022
REPORT NO.: DSD-2022-046
SUBJECT: Minor Variance Application A2022-003
54 Margaret Avenue
Owner 2515407 Ontario Ltd
Agent David Galbraith / IBI Group
RECOMMENDATION:
That application A2022-003 to legalize an existing 3-unit multiple dwelling:
1) on a lot having an area of 432 sq.m. rather than the rather than the required 495 sq.m.;
2) a setback from Maynard Street of 2.75 m rather than required 4.5 m;
3) a rear yard setback of 3.5 m rather than the required 7.5 m;
4) having 3 off-street parking spaces located between the building façade and the side
lot line abutting Maynard Street whereas the By-law does not permit parking between
façade and side lot line abutting a street;
5) the required off-street parking to be located 0 m from the side lot line abutting Margaret
Avenue rather than the required 3 m; and,
6) the 3 off-street parking spaces to have a depth of 4.3 m rather than required 5.5 m,
be approved, subject to the following conditions:
1) That a Zoning Occupancy Certificate is submitted to the Planning division;
2) That a Stamp Plan B Site Plan is approved by the Planning division;
3) That the owner shall prepare a Tree Preservation Plan for the lands in accordance with
;
4) That the proposed decks and doors facing the interior side lot line near the rear of the
dwelling (on original application drawing) be removed and that only stairs/steps with
minimum landing size be constructed at the rear of the building and shall meet the
minimum setback regulation of 0.75 m. Updated plans to be reviewed and approved
by Planning and Heritage staff; and,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
5) That the conditions noted above be completed by September 1, 2022. Any request for
a time extension must be approved in writing by the Manager of Development Review
(or designate) prior to completion date set out in this decision. Failure to complete
the condition will result in this approval becoming null and void.
Location Map
BACKGROUND:
The property is designated as Low Rise Residential Preservation Civic Centre
Neighbourhood Secondary Plan and identified as Major Transit Station Area
Structure Map.
The property is zoned as R-5, 127U (Residential Five) in Zoning By-law 85-1.
The subject building has been used as a 3-
all Zoning By-law regulations. The new owner wishes to legalize the use.
REPORT:
Planning Comments:
In considering the four tests for 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:
Photo #1 - view from corner of Margaret and Maynard Avenues
General Intent of the Official Plan
The intent of the designation is to preserve existing houses and streetscapes wherever possible. The
designation permits a maximum of three units. The property is able to provide the minimum of three
parking spaces provided variances as noted in the report are approved. In order to comply with the
Ontario Building Code, proposed exterior stairs are required and are located away from the façade
which meets the intent. The lot area and setback variances are to acknowledge an existing building
and a small addition on the third floor at the rear of the building for a 3.5 m by 3.5 m vestibule from the
proposed stairs. It is noted that Heritage Planning staff have no concerns and the application has been
reviewed for a Heritage permit but has not yet been issued. The District Plan notes that new entrances
shall be located to the side and rear of the dwelling. Staff are of the opinion that the intent of the Official
Plan is met.
General Intent of the Zoning By-law
The intent of the regulations for setback is to ensure that the existing building and streetscape is
maintained. The lot area and existing building setbacks acknowledge what currently exists. There is
rd
also a 3.5 m x 3.5 m vestibule addition proposed on 3 floor in the north-west corner of the lot. This is
for access to the top floor unit from the proposed stairs. It is the exact footprint of what exists on the
second floor and there are no Heritage Planning concerns.
The intent of the regulations for the parking spaces is to ensure that parking does not dominate the
streetscape. The parking area for three cars (shown in photo #2) has existed for many years without
complaints received. Transportation Planning has no concerns.
Staff are of the opinion that the intent of the by-law is being met.
Photo # 2 - view from Maynard Ave of driveway
Is the Variance Minor?
As the variances for the existing building, small rear yard addition and parking maintain the intent of
preserving the streetscape and are to legalize a use that has existed for some time without complaint,
staff are of the opinion that the application is minor.
Is the Variance Appropriate?
As noted above, the variances may be considered minor and have been reviewed by Heritage
Planning. However, in order to confirm the parking spaces and to ensure that the parking area meets
the intent of Heritage Planning condition for low hedges to be planted (or fencing installed) to screen
parking, Site Plan approval will be required to the satisfaction of Planning and Heritage Planning
staff.
Photo #3 - view from Margaret Ave of interior side yard
Building Comments: The Building Division has no objections to the proposed variance provided
building permit for the change of use to a triplex is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Transportation Comments: Given the existing nature of the parking area, Transportation Services
does not have any concerns with the proposed application.
Heritage Comments: The subject property is located within the Civic Centre Neighbourhood
Heritage Conservation District (CCNHCD) and designated under Part V of the Ontario Heritage Act.
The CCNHCD Plan contains policies and guidelines for building conversions and alterations within
the district.
A Heritage Permit Application has been submitted and reviewed for the construction of a small third
storey addition and exterior staircase. The proposed minor variances are in keeping with the works
proposed through the Heritage Permit Application process. In keeping with the guidelines contained
in sections 6.8.1 and 7.4.4 of the CCNHCD Plan for building conversions and streetscape design
within the private realm, low hedges or fencing should be incorporated to screen the parking along
Maynard Avenue.
Heritage Planning staff requests the following condition:
That prior to the issuance of a Building Permit, low hedges are planted or fencing installed to screen
parking, to the satisfaction of Heritage Planning staff.
Engineering Comments: No comments.
Environmental Planning Comments: That in light of the treed nature of the property and the
proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the
of Planning and where necessary, implemented prior to any demolition, tree removal, grading or the
issuance of building permits. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation
to be removed and/or preserved. The owner further agrees to implement the approved plan. No
changes to the said plan shall be granted
Planning.
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
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
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.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ
tğŭĻ Њ ƚŅ Ћ
2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: January 7, 2022
REPORT NO.: DSD-2022-022
SUBJECT: Minor Variance Application A2022-004 - 470 Blair Creek Drive -
Owner- Paramjit Singh & Baljinder Kaur Multani - Applicant- Marwan AL-Farraji, Alfa
Engineering Solutions Inc.
RECOMMENDATION:
That application A2022-004 requesting permission to install stairs on the northerly side yard
of the existing single detached dwelling having a side yard setback of 0.35m rather than the
required 0.75m to support the conversion to a duplex dwelling with a separate entrance, be
approved.
REPORT HIGHLIGHTS:
The applicant is seeking to convert the existing single detached dwelling to a duplex dwelling. The
applicant is requesting permission to construct stairs for a side entrance with a side yard setback of
0.35 metres rather the required minimum side yard setback of 0.75 metres.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location Map: 470 Blair Creek Drive
BACKGROUND:
The subject property located at 470 Blair Creek Drive is designated as Low Rise Residential in the
a Community Area Structure Map.
The property is zoned as Residential Four Zone (R-4) with Special Regulation Provisions 690R &
691R in Zoning By-law 85-1.
The applicant has applied for a building permit to convert the property to a duplex dwelling.
REPORT:
Planning Comments:
In considering the four tests for 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
1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this
designation is to encourage a range of different forms of housing to achieve a low density
neighbourhood. This includes duplex dwellings. Therefore, the requested variance meets the
general intent of the Official Plan.
General Intent of the Zoning By-law
2. The intent of the regulation that requires a 0.75 metre side yard setback is to ensure adequate
separation between buildings and to provide access to the rear yard. The subject property abuts
a public pedestrian walkway that goes between Blair Creek Drive and a community trail within
the hydro corridor. The proposed stairs are to be located between the building and the property
line abutting the walkway. Therefore, Staff is of the opinion that adequate separation of the stairs
between abutting buildings can be achieved as the walkway area is approximately 8 metres wide.
With respect to rear yard access, Staff acknowledges that the opposite property line is 0.6 metres
wide that provides adequate access. Therefore, Staff is of the opinion that the requested variance
meets the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The proposed conversion to a duplex dwelling meets all other regulations such as parking and
building setbacks. The set of stairs is not expected to have a negative impact on the surrounding
neighbourhood. Therefore, Staff consider the requested variance to be appropriate.
Is the Variance Minor?
4. The proposed stair setback represents a small decrease that is not expected to create adverse
impacts to the aesthetics of functionality of the site. Therefore, the requested variance is
considered minor.
City Planning staff conducted a site inspection of the property on January 6, 2022.
View of Side Yard abutting the Public Walkway (January 6, 2022)
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to for
the change of use and new opening is currently under review.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
No heritage planning concerns.
Environmental Comments:
No environmental planning 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
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
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
None.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ
tğŭĻ Њ ƚŅ Ћ
2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 4, 2022
REPORT NO.: DSD-2022-042
SUBJECT: Minor Variance Application A2022-005
86 Chestnut St
Owner Thomas Mirmotahari and Afshin Mirmotahari
RECOMMENDATION:
That minor variance application A2022-005 requesting relief from Section 5.22 to convert an
existing garage in the rear yard of an existing single detached dwelling into an Accessory
Dwelling Unit on a lot having a width of 12.19 metres rather than the required 13.1 metres;
and, to legalize a northly side yard setback of 1.03 metres rather than the required 1.2 metres.
1) That the Owner applies for a Site Plan Application with Planning Division; and
2) That the Owner applies for a Building Permit with the Building Division
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location Map: 86 Chestnut St.
BACKGROUND:
Plan and identified as Community Areas in the Urban Structure Map.
The property is zoned Residential Five with provision 129U (R-5, 129U) in the By-law 85-1. The
applicant is converting the existing detached garage into an Additional Dwelling Unit on a single
detached dwelling.
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 Conservation A Central Frederick Neighbourhood
Plan. This designation places emphasis on compatibility of building form with respect to massing,
scale and design in order to support the successful integration of different housing types. 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. The proposed variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The requested variances to convert the existing garage into an Additional Dwelling Unit on a lot width
of 12.19 metres and side yard of 1.02 metres meets the general intent of the Zoning By-law. The
intent of the regulations is to ensure sufficient amenity space, fire emergency access, and parking.
The subject property has a lot area of 464 square metres which is 69 square metres greater than
the minimum required 395 square metres. The additional area can provide sufficient amenity space.
The reduced side yard setback will not impact the emergency fire access. The 1.1 metre walkway
can be provided along the South (right) side of the property to allow fire emergency access.
The existing detached garage is 20.37 metres setback from the front property line. The conversion
of the detached garage to a living space will not impact the first required parking space and the
driveway will have sufficient parking on the property for both parking spaces in tandem.
at it meets the general intent of the Zoning By-law.
Is the Variance Minor?
The requested Additional Dwelling Unit on a lot width of 12.19 metres is considered minor as the
structure is already existing and will not be increasing floor area through renovations. The minimum lot
width is 13.1 metres, and the requested difference is only 0.91 metres plus the lot area exceeds the
minimum requirement. The reduced side yard setback of the main dwelling of 1.03 metres is considered
minor as the house is already existing and will not conduct any renovations or impact fire emergency
access. Staff is of the opinion the variance will not present any significant impacts to adjacent properties
or the overall neighbourhood.
Is the Variance Appropriate?
The proposed variance is appropriate for the development and use of the land as the proposed
residential use is a permitted use in the Zoning By-law. The requested variance is not anticipated to
impact any of the adjacent properties or the surrounding neighbourhood.
th
City Planning staff conducted a site inspection of the property on January 4, 2022
Street view of 86 Chestnut St
Building Comments: The Building Division has no objections to the proposed variance provided
building permit for the change of use of the detached garage into an ADU is obtained prior to
construction. Please contact the Building Division at building@kitchener.ca with any questions.
Transportation Comments: Transportation Services can support parking spaces #1, #2, and #3 on
the proposed plan, but cannot support parking spaces #4 and #5 as they encroach within the City
right-of-way. Given that the proposal only requires two (2) legal parking spaces, there are no
concerns.
Heritage Comments: Heritage Planning staff has no concerns with the minor variance application.
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 86 Chestnut Street is located within the Central
Frederick 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.
Engineering Comments: Engineering has no comment.
Operations Comments: No comments.
Environmental Planning Comments: No natural heritage.
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
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
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.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ
tğŭĻ Њ ƚŅ Ћ
2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: January 5, 2022
REPORT NO.: DSD-2022-043
SUBJECT: Minor Variance Application A2022-006
49 Lower Mercer St
Owner April Patricia Manahan
RECOMMENDATION:
That minor variance application A2022-006 requesting relief from Section 6.1.1.1 b) i) of the
Zoning By-law 85-1 to allow the first required off-street parking for a semi-detached duplex
to be located at 0 metres rather than the required 6 metres.
1) That the Owner applies for a Building Permit with the Building Division
2) That the Owner applies for a Driveway Permit with the Planning Division
Location Map: 49 Lower Mercer St
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
Community Areas in the Urban Structure Map.
The property is zoned Residential Four with Provision 327R (R-4, 327R) in the By-law 85-1. The
applicant is creating a duplex dwelling unit in the semi-detached dwelling.
Following the publishing of the Notice of Hearing, it was determined that the structure was incorrectly
recorded as a single detached dwelling where the building is a semi-detached. Staff have reviewed
the matter and found the Notice to be adequate.
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
places emphasis on compatibility of building form with respect to massing, scale and design in order
to support the successful integration of different housing types. 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.
The proposed variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The requested variance to legalize the off-street parking space 0 metres from the street lot line meets
the general intent of the Zoning By-law. The intent of the regulation of the 6.0 metre required setback
is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way
and surrounding properties. The current dimension of the driveway (6.5m x 3.8m) meets the
minimum parking standard for one vehicle. The Owner will widen the driveway to accommodate a
second parking space.
Is the Variance Minor?
The requested variance for parking is considered minor as it is the opinion of staff that the required
parking space can be accommodated within the existing driveway in a safe manner. The requested
setback will not present any significant impacts to adjacent properties or the overall neighbourhood.
Is the Variance Appropriate?
The proposed variance is appropriate for the development and use of the land as the proposed
residential use is a permitted use in the Zoning By-law. The requested variance is not anticipated to
impact any of the adjacent properties or the surrounding neighbourhood.
th
City Planning staff conducted a site inspection of the property on January 4, 2022
Street view of 49 Lower Mercer St
Building Comments: The Building Division has no objections to the proposed variance. Application
has been made to for the change of use to a duplex is currently under review.
Transportation Comments: Transportation Services does not have any concerns with the proposed
application.
Heritage Comments: No heritage planning concerns.
Engineering Comments: Engineering has no comment.
Operations Comments: No comments.
Environmental Planning Comments: No natural heritage.
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
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
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.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ
tğŭĻ Њ ƚŅ Ћ
2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning)
519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: January 12, 2022
REPORT NO.: DSD-2022-047
SUBJECT: Minor Variance Application A2021-007
110 Manitou Drive
Owner B3 Group Inc
Agent Patterson Planning Consultants Inc
RECOMMENDATION:
That application A2022-007 requesting permission to add the use for accessory retail sales,
to a warehouse use, to occupy a gross floor area of 22% (130 sq.m.) of the proposed unit in
a multi-tenanted building, be permitted, subject to the following conditions:
1) That a Zoning (Occupancy) Certificate is submitted to the Planning division,
2) That the accessory retail use be for the proposed car parts warehouse tenant,
3) That a Site Plan application be approved by the Planning division,
4) That the conditions noted above be completed by July 1, 2022. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate) prior to completion date set out in this decision. Failure to complete the
condition will result in this approval becoming null and void.
BACKGROUND:
The property is designated as General Industrial Employment Official Plan and identified
as Industrial Employment Area Map.
The property is zoned as EMP-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.
Location Map
REPORT:
Planning Comments:
In considering the four tests for 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 intent of the designation is to limit retail and accessory retail in industrial employment areas.
-2 zone, staff are of the opinion that
the proposed 130 sq.m of accessory retail use to a car parts sales warehouse use meets the intent of
the Official plan policies (15.D.6.18) and the primary function of the industrial use of the building can be
maintained in this industrial employment area.
General Intent of the Zoning By-law
The intent of the regulation to not permit accessory retail in the EMP-2 zone is to ensure that the main
use is industrial employment. The proposed accessory retail use is limited to 22% (130 sq.m) of a car
parts warehouse. This is one tenant in a multi-tenant building. The entire floor area of the building is
approximately 1,400 sq.m. Therefore, the proposed accessory retail use is approximately 9% of the
entire building. Staff are of the opinion that the intent of the by-law is being met.
View from Manitou Drive
Is the Variance Minor?
As noted above, the proposed accessory retail use is approximately 9% of the entire building and can
staff are of the opinion that the application is minor.
Is the Variance Appropriate?
Provided the accessory retail is limited to 130 sq.m. and the public are only permitted in this area; staff
are of the opinion that the variance is appropriate for the subject property and surrounding lands.
Staff note that the site plan on file is from 1983 (SPR 83/57/01) and does not show the current use
of the outdoor parking area which has since been divided into a parking area and outdoor storage
for storage containers (see photo below). As it is unknown how many legal-size spaces currently
exist, staff are recommending that an updated Site Plan be submitted.
View of parking area and outdoor storage containers
Building Comments: The Building Division has no objections to the proposed variance.
Transportation Comments: Transportation Services does not have any concerns with the
proposed application.
Heritage Comments: No concerns.
Engineering Comments: No comments.
Environmental Planning Comments: No concerns.
Region of Waterloo: No concerns. The owners are made aware that a dedicated road widening
of approximately 2.13 metres will be required along enter property frontage along Manitou Drive for
any future development application, e.g., Site Plan/consent application.
Grand River Conservation Authority: No objections.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital BudgetThe recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
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.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ
tğŭĻ Њ ƚŅ Ћ
2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
PLAN REVIEW REPORT: City of Kitchener
Sarah Goldrup, Committee Administrator
DATE:January 6, 2022 YOUR FILE:A2022-007
GRCA FILE:A2022-007 – 110 Manitou Drive
RE: Application for Minor Variance A2022-007
110 Manitou Drive, City of Kitchener
B3 Group Inc./Patterson Planning Consultants Inc.
GRCA COMMENT*:
The Grand River Conservation Authority(GRCA) has no objection to the above-noted
minor variance application.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject property
contains slope erosion hazard and valleyslope and the associated regulated
allowances. The subject property also contains regulated allowances to floodplain
and wetland located just east of the subject property.
2. Legislative/Policy Requirements and Implications:
Due to the resource features noted above, 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 within the regulated area on the subject lands will require the prior
issuance of a permit pursuant to Ontario Regulation 150/06. The permit process
involves the submission of a permit application to this office, the review of the
application by Authority staff and the subsequent approval/refusal of the permit
application by the GRCA.
The minor variance application proposes to allow a portion of floor area in the
existing building to be used for accessory retail whereas the permitted use is
industrial. The application does not propose any changes to the existing buildings or
structures. As such, GRCA staff do not anticipate any negative impacts related to
the above-noted regulated features as a result of this application.
\\\\grfs\\files\\Resource Management Division\\Resource Planning\\Waterloo Region\\KITCHENER\\2022\\Minor Page 1 of 2
Variance\\A2022-007 -110 Manitou Drive\\A2022-007 - 110 Manitou Drive - GRCA Comments.docx
3. Plan Review Fees:
This application is considered a ‘minor’ minor variance. Inaccordance with the
GRCA’s 2022Plan Review Fee Schedule, the applicable fee is $290.00. The
applicant will be invoiced in the amount of $290.00 under separate cover.
Should you have any questions or require further information, please contact Jessica
Conroy, Planning Technician, at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Melissa Larion, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
ML/jc
Encl.
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
cc:B3 Group Inc.c/o Elliot Benoer (via email)
Patterson Planning Consultants Inc. c/o Scott J. Patterson (via email)
\\\\grfs\\files\\Resource Management Division\\Resource Planning\\Waterloo Region\\KITCHENER\\2022\\Minor Page 2 of 2
Variance\\A2022-007 -110 Manitou Drive\\A2022-007 - 110 Manitou Drive - GRCA Comments.docx
Grand River
Conservation Authority
Date: Dec 29, 2021
Author: JC
A2022-007
110 Manitou Drive, Kitchener
Legend
Regulation Limit (GRCA)
Regulated Watercourse (GRCA)
Regulated Waterbody (GRCA)
Wetland (GRCA)
Floodplain (GRCA)
Engineered
Estimated
Approximate
Special Policy Area
Slope Valley (GRCA)
Steep
Oversteep
Steep
Slope Erosion (GRCA)
Oversteep
Toe
Lake Erie Flood (GRCA)
Lake Erie Shoreline Reach (GRCA)
Lake Erie Dynamic Beach (GRCA)
Lake Erie Erosion (GRCA)
Parcel - Assessment (MPAC/MNRF)
This legend is static and may not fully reflect the
layers shown on the map. The text of Ontario
Regulation 150/06 supercedes the mapping as
represented by these layers.
Copyright Grand River Conservation Authority, 2021.
Disclaimer: This map is for illustrative purposes only. Information
contained herein is not a substitute for professional review or a site
survey and is subject to change without notice. The Grand River
Conservation Authority takes no responsibility for, nor guarantees,
the accuracy of the information contained on this map. Any
interpretations or conclusions drawn from this map are the sole
responsibility of the user.
The source for each data layer is shown inparentheses in the map
legend. For a complete listing of sources and citations go to:
https://maps.grandriver.ca/Sources-and-Citations.pdf
012.5255075
GRCA
Metres
Map Centre (UTM NAD83 z17): 544,664.08 4,806,691.03
NAD 1983 UTM Zone 17NScale: 2,078
This map is not to be used for navigation | 2020 Ortho (ON)
±
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 7, 2022
REPORT NO.: DSD-2022-048
SUBJECT: Minor Variance Application A2022-008
210 Waterloo Street
Owner Thomas & Kaitlin Redekopp
Applicant Dale Stewart
RECOMMENDATION:
That application A2022-008 for 2010 Waterloo Street, requesting relief from:
a) Section 5.6A.4 d) to allow a deck exceeding 0.6 metres in height to have a side yard
setback of 0.7 metres, whereas 1.2 metres is required;
b) Section 40.2.2 to allow a side yard setback of 0.6 metres whereas 1.2 metres is
required;
c) Section 6.1.1.1 b) ii) e) to allow a driveway to have a side yard setback of 0 metres
whereas 0.6 metres is required;
to facilitate the construction of a proposed two-storey rear yard addition and deck, be
approved subject to the following conditions:
1. That the owner applies for a building permit prior to construction, to the satisfaction
2. That in light of the treed nature of the property and the proximity of trees in shared
ownership, the owner shall prepare a Tree Preservation Plan for the lands in
Director of Planning and where necessary, implemented prior to any demolition, tree
removal, grading or the issuance of building permits. Such plans shall include, among
other matters, the identification of a proposed building envelope/work zone, building
elevation drawings, landscaped area and vegetation to be removed and/or preserved.
The owner further agrees to implement the approved plan. No changes to the said plan
;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3. That the Owner submit a grading plan and agrees to implement the approved plan, to
the satisfaction of the Director of Planning in consultation with the Director of
Engineering; and
4. That all conditions be completed by January 18, 2023. Any request for a time extension
must be approved in writing by the Manager of Development Review (or designate)
prior to the completion date set out in this decision. Failure to complete the conditions
will result in this approval becoming null and void.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a minor variance application
requesting relief from side yard setbacks. This application is to facilitate the construction of a two-
storey, rear yard addition with a new carport, deck, and widened driveway. The applicant is
requesting relief to allow for a deck exceeding 0.6 metres in height to have a side yard setback of
0.6 metres whereas 1.2 metres is required. Relief to allow a dwelling to have a side yard setback of
0.6 metres whereas 1.2 metres is required is also being requested. Finally, the applicant is
requesting to legalize an existing driveway with a side yard setback of 0.0 metres, whereas 0.6
metres is required.
Figure 1: Location Map
BACKGROUND:
The subject property is located on the east side of Waterloo Street, within the Mt. Hope Huron Park
Planning Community. It is also within a Residential Intensification in Establish Neighbourhoods Study
(RIENS) Area (Appendix H of Zoning By-law 85-1). The surrounding area is characterized
predominately by low-density residential uses in the form of single-detached housing and low-rise
multiple dwellings. To the rear of the subject land there is open space land use in the form of Uniroyal
Goodrich Park and the Spur-line trail, as well as employment lands. The subject land is currently
developed with a two-storey, single-detached residential dwelling.
The property is designated as Low Rise Residential a
Major Transit Station Area Map. It is zoned as Residential Six Zone
(R-6)in Zoning By-law 85-1; at present the lot is not subject to Zoning By-law 85-1.
The applicant is proposing to construct a two-storey rear yard addition, along with a new rear deck,
a carport in the side yard and a widened driveway. To facilitate construction, the applicant is
requesting relief to permit reduced side yard setbacks for the deck, carport, and driveway.
City Planning staff conducted a site inspection of the property on January 4, 2022.
Figure 2: Front Elevation View of the Subject Property
Figure 3: Rear Elevation View of Subject Property
REPORT:
Planning Comments:
In considering the four tests for 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
-Rise Residential land use designation is to permit a
variety of low-density residential uses, including single-detached dwellings. The proposed addition is
an extension of the existing residential use. Regarding additions which require minor variances
specifically, Policy 4.C.1.8 c) encourages such projects to be directed to the rear yard except where it
can be demonstrated that the modification is compatible in scale, massing, design, and character of
adjacent properties and the streetscape. Most of the proposed addition is to be in the rear yard and will
not be visible from the street. The only section of the proposed project which will be visible is the new
carport, which will replace an existing car tent and is more in line with the character of the street.
With respect to the third requested variance concerning driveway setback, the intent of the Official Plan
is to permit appropriate and functional residential properties that do not adversely impact adjacent
properties through the provision of adequate on-site facilities which support residential uses. In this
case, the supporting facility being considered is an adequately sized driveway. The 0.0 metre setback
is an existing condition. Furthermore, appropriate driveway configurations which permit the required 2.6
metre width for adequate ingress and egress are limited due to the narrow shape of the subject lot. It is
anticipated that impact to the adjacent southern property is limited, particularly due to the existence of
a retaining wall on 206 Waterloo Street.
General Intent of the Zoning By-law
The general intent and purpose of the Zoning By-law requiring a 1.2 metre side yard setback is to ensure
access to the rear yard, that there is adequate buffering between buildings, and to provide adequate
space for the owner to maintain their property and dwelling. Access to the rear yard can still be provided
with the reduced side yard setback, particularly as the external side of the carport is open beyond the
necessary structural supports to the ground. This would provide opportunity to transport maintenance
equipment where required. The existing buffering distance between the adjacent dwelling to the north
and the subject dwelling will not change. The buffering distance between the adjacent dwelling to the
south and the proposed addition is sufficient to provide adequate separation. The decreased side yard
setback for the dwelling to permit the construction of a carport will also legalize an existing condition, as
the side yard setback to the north is 0.7 metres. The sawtooth configuration of the existing house and
proposed addition means that this 0.7 metre setback is not consistent, and space is still available for
the placement of AC units (Figure 4). Some consideration to the lots narrow width should be given.
The size, setbacks, and other design standards associated with driveways in Zoning By-law 85-1 are
intended to support off-street parking facilities with adequate means of ingress and egress that do not
interfere with neither surrounding properties or the normal public use of a street or lane. The 0.0 metre
setback is an existing condition. Further, the narrow shape of the subject property limits appropriate
driveway configurations which would support the standard movement of a vehicle. Impacts to the
adjacent southern property as a result of this requested variance are not anticipated, as the two
properties are partially separated along the driveway by an existing retaining wall on 206 Waterloo
Street.
Figure 4: Section of the Proposed Site Plan, Displaying Sawtooth Configuration
Is the Variance Minor?
The requested variances can be considered minor, being less than a metre difference each from what
is required. Appropriate access to the rear yard, adequate buffering, and safe ingress and egress of
vehicles can still be accommodated without impact to adjacent properties or the surrounding area. As
such, staff is of the opinion that the requested variances are minor in nature.
Is the Variance Appropriate?
The proposed variances are appropriate for the development and use of the land. They will
facilitate the construction of an addition which is an extension of the existing and permitted
use of the property and are not expected to impact the character of the subject property or
the surrounding area as the majority of the proposed project will not be visible from the
street.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to for
the addition to the single detached dwelling is currently under review
Transportation Comments:
Given the existing operation of the driveway, Transportation Services does not have any concerns
with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with the minor variance application.
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) process. The property municipally addressed as 210 Waterloo Street 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.
Engineering Comments:
Engineering has no comments.
Environmental Planning Comments:
any grading, tree removal or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, landscaped area, and
vegetation to be preserved.
Region of Waterloo Comments:
The Region of Waterloo has no concerns with the application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital BudgetThe recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
CONSULT Planning staff were contacted by neighbours to inquire about what is being proposed
and express some concerns. Concerns included encroachment onto neighbouring properties,
impact to character of the area, grading, and stormwater management. The proposed addition and
carport are entirely within the property boundaries of the subject lot and do not exceed maximum
coverage permitted. Further, as the addition is proposed to be in the rear and not visible to the street
and the carport is in line with the character of the area, there is no impact anticipated to the
streetscape. Concerns about grading and water were passed to the building division as part of their
review of the building permit application. This was communicated to those who contacted the
planning division.
PREVIOUS REPORTS/AUTHORITIES:
Building Permit application 2021 133097 is currently under review.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ
tğŭĻ Њ ƚŅ Ћ
2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
From:
To:Committee of Adjustment (SM)
Subject:\[EXTERNAL\] Re: **ACTION REQUIRED - Committee of Adjustment Meeting - Electronic Meeting January 18,
2022
Date:Friday, January 7, 2022 12:44:09 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
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Good Morning Sarah
Thank you for sending me this information regarding the Hearing for the Virtual meeting of
the Committee of Adjustment for 210 Waterloo Street Kitchener Ontario., which is
scheduled to begin at 10:00 am on January 18th, 2022.
***** Please include me in the virtual meeting Sarah..thank you.******
Sarah, my name is , I live at
and I have studied the blueprints of the 210 Waterloo Street proposal to build.
At present - they have not placed the notice sign where people can see it very well. They have
placed it directly in front of their front porch, partially obscured by snow. The signis white
with blacklettering but the lettering is not heavily defined.It was only a few days ago that I
noticed it. These new neighbors haddrilledlarge anchors into my property by my retaining
wall for their rubber car tent which effectively has blocked my access to the retaining wall and
the drainage bed which keeps my basement from flooding and where my air conditioning unit
is situated. I had explained to these new neighbors that I did not want anything built or placed
on my property including my retaining wall or my part of the driveway which is clearly
defined by the seam separating my side of the driveway from theirside...plain and simple -
was easy to see but was ok with them parking there in the widened area. My air conditioning
unit cannot be accessed at all now unless I hire someone to come and do the climbing to work
in this area. My BIG objection to their proposed "Carport" is the space that they've requested
and the drawings look like the supports for the carport and roofing system will be on my
property and or flowing into the drainage area enclosed by my retaining wall and it looks like
the roof will nearly reach my house wall. I am still in shock at the speed with which this
proposal has come about in the middle of a Covid shutdown. My neighbors on the other side
of 210 Waterloo Street are still reeling from the shock of what this monstrous addition will do
to our respective property values and the complete removal of any privacy therein. It's
important to mention that this entire area is sand based so the impact tremors alone will
require all of us to remove pictures, mirrors etc. from crashing down from the walls.( This
actually happened to me while the Spur Line was being built)
I am hoping that as a homeownerand a loyal taxpayerthat our good committee representatives
will do their best to protect us from the apparent cavalier disregard and ironic detachment that
has presented itself in the actions of these new neighbors.
Respectfully,
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: January 7, 2022
REPORT NO.: DSD-2022-049
SUBJECT: Minor Variance Application A2022-009
764 Stirling Avenue South
Owner & Applicant: Tajram
RECOMMENDATION:
That application A2022-009, for 764 Stirling Avenue South, requesting relief from:
a) Section 40.2.6 of Zoning By-law 85-1 to permit a front yard setback of 6.02 metres
whereas 10.0 metres is required; and
b) Section 6.1.2 a) to permit a parking rate of 1.4 spaces per dwelling unit, whereas a rate
of 1.5 spaces per unit is required (or 14 spaces whereas 15 spaces is required);
to facilitate the conversion of an existing duplex into a triplex, be approved subject to the
following conditions:
1. That the Owner receive approval of Site Plan Application SP21/078/S/LT;
2. That the Owner applies for a Zoning (Occupancy) Certificate from the Planning
division;
3. That the Owner applies for a building permit prior to construction, to the satisfaction
4. That the Owner pays in full to the Grand River Conservation Authority the required
GRCA review fee; and
5. That conditions 1-4 be completed by January 18, 2023. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate) prior to the completion date set out in this decision. Failure to complete the
conditions will result in this approval becoming null and void.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a minor variance application to
facilitate the conversion of an existing duplex into a triplex. The applicant is requesting relief to allow
for a 6.02 metre front yard setback whereas 10.0 metres is required, with 10.0 metres being the
for a reduced parking rate of 1.4 spaces per unit, or 14 spaces, whereas 1.5 spaces per unit, or 15
spaces, is required.
BACKGROUND:
The subject property is located on the west side of Stirling Avenue South, within the Meinzinger
Park-Lakeside Planning Community. The property is also within the Residential Intensification in
Established Neighborhoods Study (RIENS) Area (Appendix H in Zoning By-law 85-1). The
surrounding area is characterized by a mix of uses. Predominately the surrounding are contains a
range of low-density housing forms, including single-detached dwellings and low-rise multiple
dwellings. There are also natural heritage conservation lands, open spaces, and institutional uses.
At present, the property is developed with a two-storey duplex in the front yard, a three-storey, 7-
unit multiple dwelling in the rear yard, and a surface parking lot situated between the two buildings.
The rear portion of the subject land contains a slop erosion area and is regulated by the Grand River
Conservation Authority under Ontario Regulation 150/06.
The property is designated as Low-Rise Residential and identified as a
Community Area Map. The property is zoned as a Residential Six Zone
(R-6) in Zoning By-law 85-1; at present it is not subject to Zoning By-law 2019-051.
The applicant is proposing to convert the existing two-storey duplex into a triplex by adding a third
unit to the basement. To facilitate this change, relief is required to permit a reduced front yard setback
from the required 10.0 metre setback to the proposed 6.02 metre setback. As the subject property
is within a RIENS Area, the front yard setback is the average of the two adjacent properties front
yard setbacks, minus one. Relief is also required to permit a reduced parking rate, from 1.5 spaces
per unit (or 15 spaces) required to 1.4 spaces per unit (or 14 spaces).
City Planning Staff conducted a site visit to the property on January 4, 2022.
Figure 2: Front Elevation of Existing Triplex (Middle) and Adjacent Buildings
Figure 3: Existing Surface Parking Lot
REPORT:
Planning Comments:
In considering the four tests for 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
-Rise Residential land use designation is to permit a
variety of low-density residential uses. This may include housing in the form of low-rise multiple
dwellings, with low-rise being defined by Urban Design Guidelines as three storeys or fewer when not
along arterial roads. The proposed conversion of the existing duplex into a triplex, which would be
facilitated by this minor variance, is a permitted housing form in this designation. Also within the Low-
Rise Residential 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.
External changes are not being proposed to the existing dwellings on the property external site work
primarily concerns updates and improvements to the existing surface parking lot. As such, the character
of the site and surrounding area is maintained.
Concerning parking, the general intent of the Official Plan is to ensure that adequate off-street parking
is provided. Minimum parking standards are set to maximize the efficient use of the land while promoting
active transportation and the use of public transit. The subject property is within 80 metres of a Grand
River Transit bus stop (GRT Route 2) as well as closely located to a trail system which connects through
Concordia Park, Lakeside Park, and Meinzinger Park, which promotes pedestrian forms of
transportation. Moreover, Transportation has advised that it has no concerns with the requested parking
relief. As such, planning staff is of the opinion that the proposed reduction in parking requirements is
sufficient to meet residents needs while still providing visitor parking spaces and a barrier-free parking
space.
General Intent of the Zoning By-law
It should be noted that this property is within an area that is subject to Appendix H: Residential
Intensification in Established Neighbourhoods Study (RIENS) Area of By-law 85-1. Properties in this
area are subject to minimum front yard requirements that are based upon the average of the front yards
of the abutting lots, minus 1.0 metre, rather than on a set distance. In this case, the required minimum
front yard setback is calculated to be 10.0 metres. The general intent of front yard setback regulations
is to establish regulatory in building placement, to create a consistent and aesthetically appealing
streetscape and provide for orderly development. The proposed reduction in required front yard setback
will legalize an existing condition. The variance is also small enough that is not visually obvious when
examining the streetscape. The visual difference is further minimized by the existing landscaping on the
subject property and adjacent lands as well as the angled placement of abutting buildings.
Concerning the second variance, the general intent of parking rates set out by the Zoning By-law is to
ensure that parking demand is met through the provision of adequate on-site parking, to avoid spill over
into the neighbourhood streets. The property is located within walking distance of a GRT route as well
as a trail system through several local parks. In addition, the proposed parking reduction is in keeping
omprehensive Zoning By-law, which sets the parking rate for a
multiple building with 10 units as 1.0 parking spaces per unit, and which will be applied to all residential
properties in the City in the near future.
Due to the above, staff is satisfied that the decreased front yard setback and modest parking reduction
maintains the general intent of the Zoning By-law.
Is the Variance Minor?
The requested decrease in front yard setback and parking rate can be considered minor. The reduction
in front yard setback will not negative impact the character of the subject property or surrounding area,
as it is legalizing an existing condition. There are no anticipated negative impacts to the surrounding
street system as well, as the proposed rate is 0.1 space less than what is required and there are near-
by transit options and trail routes. As such, Staff is of the opinion that the requested variance are minor
in nature.
Is the Variance Appropriate?
The requested variance would facilitate the conversion of a duplex into a triplex, thereby yielding a
total of 10 dwelling units on the property. This is an appropriate use and scale of use for the subject
lot and area and would assist the City in providing additional housing supply. The proposed reduced
front yard setback is legalizing an existing condition and the reduction of one parking space will have
a negligible impact on adjacent properties or the surrounding area. As such, Planning staff is of the
opinion that the requested variance is appropriate.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to for
the change of use to a triplex is currently under review
Transportation Comments:
Transportation Services does not have any concerns with the proposed application, but strongly
recommends that the applicant provide some secured bicycle parking for residents to utilize.
Heritage Comments:
There are no heritage concerns associated with this application.
Engineering Comments:
Engineering has no comments.
Environmental Planning Comments:
Provided there are no site development work proposed which may impact a tree, there are no natural
heritage or tree management concerns associated with this application.
Region of Waterloo Comments:
The Region of Waterloo has no concerns with the application.
Grand River Conservation Authority
The Grand River Conservation Authority (GRCA) has no objection to the above-noted minor variance
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
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
A Site Plan application SP21/078/S/LT has been filed for this property and is under review.
AND
Building Permit application 2021 122968 is currently under review
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ
tğŭĻ Њ ƚŅ Ћ
2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
PLAN REVIEW REPORT: City of Kitchener
Sarah Goldrup, Committee Administrator
DATE:January 6,2022 YOUR FILE:A2022-009
GRCA FILE:A2022-009 – 764 Stirling Avenue South
RE: Application for Minor Variance A 2022-009
764 Stirling Avenue South, City of Kitchener
Radica Bissoondial and Tejram Basdeo
GRCA COMMENT*:
The Grand River Conservation Authority(GRCA) has no objection to the above-noted
minor variance application.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject property
contains slope erosion hazard and the associated regulated allowance.
2. Legislative/Policy Requirements and Implications:
Due to the presence of erosion hazard, a portion of the subject 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 within the regulated area on the subject property will require the prior
issuance of a permit pursuant to Ontario Regulation 150/06. The permit process
involves the submission of a permit application to this office, the review of the
application by Authority staff and the subsequent approval/refusal of the permit
application by the GRCA.
The minor variance application proposes to permit a parking rate of 1.4 spaces per
dwelling unit where 1.5 spaces per unit is required. The parking lot is located outside
of the GRCA regulated area and the application does not propose any changes to
the existing buildings or structures. As such, GRCA staff do not anticipate any
negative impacts related to the slope as a result of this application and the GRCA
has no objection to this minor variance application.
\\\\grfs\\files\\Resource Management Division\\Resource Planning\\Waterloo Region\\KITCHENER\\2022\\Minor Page 1 of 2
Variance\\A2022-009 -764 Stirling Avenue South\\A2022-009 -764 Stirling Avenue South - GRCA Comments.docx
3. Plan Review Fees:
This application is considered a ‘minor’ minor variance. Inaccordance with the
GRCA’s 2022Plan Review Fee Schedule, the applicable fee is $290.00. The
applicant will be invoiced in the amount of $290.00 under separate cover.
Should you have any questions or require further information, please contact Jessica
Conroy, Planning Technician, at jconroy@grandriver.caor 519-621-2763 ext. 2230.
Sincerely,
Melissa Larion, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
ML/jc
Encl.
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
cc:Radica Bissoondial and Tejram Basdeo (via email)
\\\\grfs\\files\\Resource Management Division\\Resource Planning\\Waterloo Region\\KITCHENER\\2022\\Minor Page 2 of 2
Variance\\A2022-009 -764 Stirling Avenue South\\A2022-009 -764 Stirling Avenue South - GRCA Comments.docx
Grand River
Conservation Authority
Date: Dec 29, 2021
Author: JC
A2022-009
764 Stirling Avenue South,Kitchener
Legend
Regulation Limit (GRCA)
Regulated Watercourse (GRCA)
Regulated Waterbody (GRCA)
Wetland (GRCA)
Floodplain (GRCA)
Engineered
Estimated
Approximate
Special Policy Area
Slope Valley (GRCA)
Steep
Oversteep
Steep
Slope Erosion (GRCA)
Oversteep
Toe
Lake Erie Flood (GRCA)
Lake Erie Shoreline Reach (GRCA)
Lake Erie Dynamic Beach (GRCA)
Lake Erie Erosion (GRCA)
Parcel - Assessment (MPAC/MNRF)
This legend is static and may not fully reflect the
layers shown on the map. The text of Ontario
Regulation 150/06 supercedes the mapping as
represented by these layers.
Copyright Grand River Conservation Authority, 2021.
Disclaimer: This map is for illustrative purposes only. Information
contained herein is not a substitute for professional review or a site
survey and is subject to change without notice. The Grand River
Conservation Authority takes no responsibility for, nor guarantees,
the accuracy of the information contained on this map. Any
interpretations or conclusions drawn from this map are the sole
responsibility of the user.
The source for each data layer is shown inparentheses in the map
legend. For a complete listing of sources and citations go to:
https://maps.grandriver.ca/Sources-and-Citations.pdf
05102030
GRCA
Metres
Map Centre (UTM NAD83 z17): 540,723.34 4,808,548.10
NAD 1983 UTM Zone 17NScale: 1,039
This map is not to be used for navigation | 2020 Ortho (ON)
±
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: January 7, 2022
REPORT NO.: DSD-2022-050
SUBJECT: Minor Variance Application A2022-010
129 Max Becker Drive
Owner
Applicant Catalyst General Contracting, C/O Grant Tamane
RECOMMENDATION:
That application A2022-010 for 129 Max Becker Drive, requesting relief from Section 38.2.1 of
Zoning By-law 85-1 to allow for a proposed 1 storey addition to have a rear yard setback of
5.97 metres whereas 7.5 metres is required, be approved subject to the following conditions:
1. That the owner applies for a building permit prior to construction, to the satisfaction
2. That the condition be completed by January 18, 2023. Any request for a time extension
must be approved in writing by the Manager of Development Review (or designate)
prior to the completion date set out in this decision. Failure to complete the condition
will result in this approval becoming null and void.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a minor variance to facilitate the
construction of a one-storey, rear yard addition. Relief is required to permit the rear yard setback to
be 5.97 metres rather than the required 7.5 metres.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map
BACKGROUND:
The subject property is located on the south side of Max Becker Drive, within the Laurentian West
Planning Community. The surrounding area is characterized predominantly by low-rise residential
uses in the form of single-detached housing, with some institutional and open space uses. Currently
the subject property is developed with a two-storey, single detached dwelling.
The property is designated as Low Rise Residential d as a
Community Area Map. It is zoned as Residential Four Zone (R-4) in
Zoning By-law 85-1 with Special Regulation Provision 286R, which permits affected lands with single
detached dwellings to have a minimum lot width of 9.14 metres. At present the property is not subject
to Zoning By-law 2019-051.
The applicant is proposing to construct a one storey addition in the rear yard, to use as a sunroom.
To facilitate this development, the applicant is seeking relief to allow for a 5.97 metre rear yard
setback, rather than the required 7.5 metres.
City planning staff conducted a site inspection of the property on January 4, 2022.
Figure 2: Front Elevation View of Subject Dwelling for Context
Figure 3: Rear Yard of Subject Property
REPORT:
Planning Comments:
In considering the four tests for 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
-Rise Residential land use designation is to permit a
variety of low-density residential uses. The proposed sunroom will be a part of the existing single
detached dwelling, which is a permitted housing form within this designation. Also within the Low-Rise
Residential 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
proposed addition will not significantly alter the existing mass and scale of the dwelling, being only 34.3
square metres in size. Further, due to its location in the rear yard the addition will not be visible from the
street and have no impact on the streetscape. As the low-density residential use and characteristics of
the property will be maintained, planning staff is of the opinion that the requested variance to facilitate
the proposed sunroom is appropriate and maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 7.5 metre rear yard setback is to ensure that there is adequate amenity space on site,
as well as sufficient separation between adjacent buildings. The proposed reduction in rear yard setback
still permits for usable outdoor space, particularly as the rear of the lot is wider than the front. In addition,
sunrooms are generally designed in a fashion so that users can enjoy the outdoors. Regarding
separation, the distance between the proposed addition and the abutting rear single detached dwelling
also remains sufficient to maintain privacy and buffering, particularly as the sunroom is to be 1 storey in
height and there is a privacy fence between the two properties. As such, staff is satisfied that the
requested variance meets the general intent of the Zoning By-law.
Figure 4: Site Sketch of Proposed Addition
Is the Variance Minor?
The requested decrease in rear yard setback can be considered minor, being only a 1.53 difference
from what is required. Staff is of the opinion that the requested variance will not present any significant
impacts to adjacent properties or the overall neighbourhood. Appropriate rear yard use and separation
distance between abutting buildings continues to be accommodated.
Is the Variance Appropriate?
The proposed variance is appropriate for the development and use of the land. The rear yard setback
reduction will not negatively impact the character of the subject property, as the proposed sunroom
is part of a residential use and still provides sufficient outdoor amenity space. There are no
anticipated negative impacts to the character of the surrounding area as well, as appropriate
separation is maintained between the single detached dwelling on the subject land and adjacent
dwellings and the proposed addition will not be visible from the street.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
sunroom addition is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
There are no heritage concerns associated with this application.
Engineering Comments:
Engineering has no comments.
Environmental Planning Comments:
There are no natural heritage or tree management concerns associated with this application.
Region of Waterloo Comments:
The Region of Waterloo has no concerns with the 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
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
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.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
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2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the 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 above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA@Kitchener.ca
2
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: January 7, 2022
REPORT NO.: DSD-2022-037
SUBJECT: Consent Application - B2022-001
26 Edgewood Drive
Owner and Applicant: A & F Greenfield Homes Ltd.
RECOMMENDATION:
That applications B2022-001 consent to create one new lot and retain one lot to be used for
semi detached dwellings be approved subject to the following conditions:
1. 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
2. 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
3. vide draft transfer documents and associated
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor if required.
4. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
5. That the owner makes financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed and retained lands.
6.
s
Engineering Division.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing,
SWM etc.) with corresponding layer names and asset information to the
satisfaction of the Engineering Division prior to severance approval.
9. That the Owner provides Engineering staff with confirmation that the basement
elevation 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 to the satisfaction
of the Director of Engineering Services.
10. That the owner pays to the City of Kitchener a cash-in-lieu contribution for park
dedication on the severed parcel equal in the amount of $3647.80. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage
land value for the severed portion.
11. With respect to the City-owned tree that is located adjacent to the severed and
retained lands, the owner shall fulfill one of the following three requirements:
a. Enter into an agreement with the City of Kitchener, to be prepared by the
City Solicitor and registered on title of the severed and retained lands,
which shall include the following:
i. That the owner shall prepare a Tree Protection and Enhancement
Plan, demonstrating protection of the City-owned tree that is
located adjacent to the severed and retained lands, to the
aid plan
shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and
vegetation to be preserved. No changes to the said plan shall be
& Cemeteries.
ii. The owner shall implement the Tree Protection and Enhancement
Plan, prior to any grading, servicing, tree removal or the issuance
of building permits,
& Cemeteries.
iii. The owner shall maintain the severed and retained lands, in
accordance with the approved Tree Protection and Enhancement
Plan, for the life the development.
OR
b. Enter into an agreement with the City of Kitchener, to be prepared by the
City Solicitor and registered on title of the severed and retained lands,
which shall include the following:
i. That the owner shall prepare a Street Tree Planting Plan that
shows the replacement of the City-owned tree to be removed
(located adjacent to the severed and retained lands) with 2
suitable trees, in accordance with the City of Kitchener
Director Parks & Cemeteries. No changes to the said plan shall
Parks & Cemeteries.
ii. The owner shall implement the approved Street Tree Planting
OR
c. Make arrangements regarding financial compensation for the tree to be
12. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The applicant is requesting to create one new lot and retain one lot equal in size to be used for semi-
detached dwellings.
Proposed lot fabrics
Location Map: 26 Edgewood Drive
REPORT:
BACKGROUND:
The property is zoned as Residential Four Zone in Zoning By-law 85-1.
The subject property is located near the intersection of Belmont Avenue West and Edgewood Drive.
The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-
detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this
neighborhood.
City Planning staff conducted a site inspection of the property on December 31, 2021.
New semi-detached dwelling at 26 Edgewood Drive
Planning Comments:
Consent
The applicant is requesting consent to create one new lot and one retain lot equal in size. To facilitate
the redevelopment of the subject lands the applicant has demolished the existing single detached
dwelling on the property and replaced it with a semi-detached dwelling.
The severed lot would have a lot frontage of 7.93 metres and an area of 241.7 square metres, while
the retained lot would also have a lot frontage of 7.93 metres, and an area of 241.7 square metres.
Zoning By-law
The subject property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone
permits a range of low density dwelling types such as semi detached dwellings. The R-4 Zone
requires a minimum lot width of 7.5 metres and minimum lot area of 235 square metres for semi
detached dwellings. The proposed lot widths and lot areas of the proposed severed and retained
lots exceed the minimum R-4 zone lot width and lot area requirements.
Official Plan
The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low
Rise Residential land use designation permits a full range of low density housing types which may
include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low-
rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and
integrating different forms of housing to achieve and maintain a low-rise built form. The maximum
net residential density for lands which are designated Low Rise Residential will be 30 units per
hectare.
The proposed severance is in accordance with the Official Plan and maintains the residential land
use designation.
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:
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,
The proposed lot widths and lot areas of the proposed severed and retained lots exceed the
minimum R-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.
Provincial Policy Statement, 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 creations of lots and future semi detached dwellings
that are 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.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
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.
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 o
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.
Planning Conclusions
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 p
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.
Building 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.
Heritage Comments:
Heritage Planning staff does not have any concerns with the proposed application.
Environmental Planning Comments:
Environmental Planning staff does not have any concerns with the proposed application.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary 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. Karn St. has sanitary sewer and water main but no storm sewer.
Any further enquiries in this regard should be directed to Niall Melanson
(niall.melanson@kitchener.ca).
Any new driveways are
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 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 $3647.80 Park Dedication is calculated
at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of
(7.93m) at a land value of $9,200 per frontage meter.
City-
driveways and suitable arrangements, financial or otherwise, should be made with Parks &
Cemeteries for its removal/replacement.
A City-owned tree will be impacted by the proposed development and the owner shall fulfill one of
the following three requirements:
1. Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which shall
include the following:
a) That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to the
Cemeteries. Said plan shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved. No changes to the said plan shall be granted except with the prior
irector Parks & Cemeteries.
b) The owner shall implement the Tree Protection and Enhancement Plan,
prior to any grading, servicing, tree removal or the issuance of building permits, to
c) The owner shall maintain the severed and retained lands, in accordance
with the approved Tree Protection and Enhancement Plan, for the life the
development.
OR
2. Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which shall
include the following:
a. That the owner shall prepare a Street Tree Planting Plan that shows the
replacement of the City-owned tree to be removed (located adjacent to the severed
and retained lands) with 2 suitable trees, in accordance with the City of Kitchener
Cemeteries. No changes to the said plan shall be granted except with the prior
ks & Cemeteries.
b. The owner shall implement the approved Street Tree Planting Plan, to the
OR
3. Make arrangements regarding financial compensation for the tree to be removed, to
the satisfaction of th
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
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
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
No previous reports on this matter.
Peter Ellis
519-503-2536
D20-20/22 KIT
January 7, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-001, B2022-002, B2022-
003, and B2022-004 to B2022-006
Committee of Adjustment Hearing January 18, 2022
CITY OF KITCHENER
B2022-001
26 Edgewood Drive
A & F Greenfield Homes Ltd.
The owner/applicant is proposing to sever the existing lot into two parcels for a newly
constructed semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
Document Number: 3912612
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
_____________________
B2022-002
670 Fairway Road South
Mona Terra Holdings Corp / Design Plan Services Inc (c/o David Igelman)
The owner/applicant is proposing to identify the existing building and parking area
around the building for a lease beyond 21 years.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
___________________
B2022-003
74 Rutherford Drive
Mirjana and Pero Perencevic / Boban Jokanovic (Agent)
The owner/applicant is proposing to sever the lot into two parcels. Staff note that this
application appears to be a resubmission of consent application B2021-054 from
October 2021.
Document Number: 3912612
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
__________________
B2022-004, B2022-005, and B2022-006
32 Burgetz Avenue
MB Future Homes Ltd.
The owner/applicant is proposing to sever the existing lot into 4 parcels for the creation
of two semi-detached dwellings (4 units). Staff note that this is a resubmission of
consent applications B2020-007, B2020-008, and B2020-009 (February 2020).
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
for each consent application ($350.00 x 3 applications = $1,050.00) prior to final
approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Document Number: 3912612
Archaeological Assessment (Advisory Comments):
Regional Staff advise that the subject property possesses the potential for the recovery
of archaeological resources. For this reason, the owner/applicant should be made
aware that:
If archaeological resources are discovered during the development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage, Tourism,
Sport and Culture industries. If it is determined that additional investigation and
reporting of the archaeological resources is needed, a licensed archaeologist will
be required to conduct this field work in compliance with S. 48(a) of the Ontario
Heritage Act; and/or;
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with the
Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
Airport Zoning (Advisory Comments):
Regional Staff advise that the subject lands are located within airport zoning regulated
area and specifically under the runway take-off approach surface. Therefore, the lands
and the proposed development are subject to all provisions and restrictions of Airport
Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 for each consent application.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
_______________
Document Number: 3912612
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,
Peter Ellis, MES
Principal Planner
Document Number: 3912612
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: January 7, 2022
REPORT NO.: DSD-2022-034
SUBJECT: Consent Application B2022-002
670 Fairway Road South
Owner Mona Terra Holdings Corporation
Applicant- David Igelman- Design Plan Services Inc.
RECOMMENDATION:
That application B2022-002 for consent for a lease in excess of 21 years in favour of
REDBERRY CROWN RESTAUARANTS LP, for a restaurant and drive-thru at 670 Fairway
Road South, be approved, subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
Revenue Division.
2. That the Owner shall provide a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full sized paper copies of the plan(s), if required by the City
Clerk. The digital file must be submitted according to the City of Kitchener's Digital
3. That the Owner receives approval of the draft reference plan (as required by the City
Clerk)
4. That the
the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor
if required.
5. That prior to final approval, the owner/applicant submit the Regional consent review fee
of $350.00.
6. That prior to final approval, the owner/applicant must submit a valid section 59 notice to
the satisfaction of the Region of Waterloo.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The application is requesting to enter into a lease exceeding 21 years for a restaurant. The building
is existing and no new Gross Floor Area (GFA) is proposed.
Location Map: 670 Fairway Road South
REPORT:
BACKGROUND:
The property is designated as Commercial an Urban
Corridor Map.
The property is zoned as Commercial Campus Zone (C-8) with special regulation provision 297R in
Zoning By-law 85-1.
The building at 670 Fairway Road South received an occupancy certificate for Tim Hortons
restaurant in 1991. The owner has recently changed the tenant to a Burger King restaurant within
the existing building.
Planning Comments:
The owner of the subject lands is requesting consent for a lease in excess of 21 years for a Burger
King restaurant. The applicant has requested that the lease apply to the area shown on the draft
reference plan submitted with the application. As shown on the image below this includes but is not
limited to the building, drive-thru, parking areas, and walkaways. Approval of the consent would
permit the lease to REDBERRY CROWN RESTAUARANTS LP for a period of time in excess of 21
years and would not have any negative impacts on the remainder of the commercial plaza.
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 a lease in excess of 21 years is desirable, appropriate,
suitable for the development of the restaurant. The consent is not considered to be premature or
pre-determining the outcome of future planning processes. Staff is of the opinion that the proposed
development conforms to the Official Plan, is consistent with the Provincial Policy Statement and
conforms to the Growth Plan tor the Greater Golden Horseshoe. Based on the foregoing, Planning
staff recommends that the application be approved, subject to conditions.
Draft Reference Plan
View of Existing Restaurant Building (December 21, 2021)
Building Comments:
The Building Division has no objections to the proposed consent.
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
No Environmental Planning concerns.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments:
As no lands are being severed Engineering has no requirements.
Parks /Operations Comments:
No concerns or requirements. Parkland Dedication will be deferred.
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
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
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.
Peter Ellis
519-503-2536
D20-20/22 KIT
January 7, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-001, B2022-002, B2022-
003, and B2022-004 to B2022-006
Committee of Adjustment Hearing January 18, 2022
CITY OF KITCHENER
B2022-001
26 Edgewood Drive
A & F Greenfield Homes Ltd.
The owner/applicant is proposing to sever the existing lot into two parcels for a newly
constructed semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
Document Number: 3912612
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
_____________________
B2022-002
670 Fairway Road South
Mona Terra Holdings Corp / Design Plan Services Inc (c/o David Igelman)
The owner/applicant is proposing to identify the existing building and parking area
around the building for a lease beyond 21 years.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
___________________
B2022-003
74 Rutherford Drive
Mirjana and Pero Perencevic / Boban Jokanovic (Agent)
The owner/applicant is proposing to sever the lot into two parcels. Staff note that this
application appears to be a resubmission of consent application B2021-054 from
October 2021.
Document Number: 3912612
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
__________________
B2022-004, B2022-005, and B2022-006
32 Burgetz Avenue
MB Future Homes Ltd.
The owner/applicant is proposing to sever the existing lot into 4 parcels for the creation
of two semi-detached dwellings (4 units). Staff note that this is a resubmission of
consent applications B2020-007, B2020-008, and B2020-009 (February 2020).
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
for each consent application ($350.00 x 3 applications = $1,050.00) prior to final
approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Document Number: 3912612
Archaeological Assessment (Advisory Comments):
Regional Staff advise that the subject property possesses the potential for the recovery
of archaeological resources. For this reason, the owner/applicant should be made
aware that:
If archaeological resources are discovered during the development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage, Tourism,
Sport and Culture industries. If it is determined that additional investigation and
reporting of the archaeological resources is needed, a licensed archaeologist will
be required to conduct this field work in compliance with S. 48(a) of the Ontario
Heritage Act; and/or;
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with the
Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
Airport Zoning (Advisory Comments):
Regional Staff advise that the subject lands are located within airport zoning regulated
area and specifically under the runway take-off approach surface. Therefore, the lands
and the proposed development are subject to all provisions and restrictions of Airport
Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 for each consent application.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
_______________
Document Number: 3912612
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,
Peter Ellis, MES
Principal Planner
Document Number: 3912612
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Dumart, Craig, Senior Planner, Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: January 3, 2022
REPORT NO.: DSD-2022-040
SUBJECT: Consent application B2022-003
74 Rutherford Drive
Owners Pero and Mirjana Perencevic
Applicant Boban Jakanovic
RECOMMENDATION:
That applications B2022-003 consent to create one new lot and retain one lot to be used for
duplex dwellings be approved subject to the following conditions:
1. 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
2. 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
ist.
3.
for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City
Solicitor if required.
4. That the Owner obtains a demolition permit to the satisfaction of the Chief Building
Official and removes the existing dwelling prior to the creation of the lots.
5. That the Owner makes financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
6. That the owner makes financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard landscaping
including street trees, and a paved driveway ramp, on the severed and retained lands.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
7.
Engineering Division.
8. That the Owner provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
9. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing,
SWM etc.) with corresponding layer names and asset information to the
satisfaction of the Engineering Division prior to severance approval.
10. That the Owner provides Engineering staff with confirmation that the basement
elevation 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 to the satisfaction
of the Director of Engineering Services.
11. That the owner pays to the City of Kitchener a cash-in-lieu contribution for park
dedication on the severed parcel equal in the amount of $9545.00. The park land
dedication is calculated at the residential rate of 5% of the per metre lineal frontage
land value for the severed portion.
12. That the owner shall replace or protect the City-owned tree impacted by proposed
severance to the satisfactions of the Director of Parks and Cemeteries.
13. That 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 severed and retained lands which
shall include the following:
a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the
Polic
necessary, implemented prior to any grading, tree removal or the issuance
of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped area
and vegetation to be preserved.
b) The Owner further agrees to implement the approved plan. No changes to
Director of Planning.
14. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The applicant is requesting to create one new lot and retain one lot equal in size to be used for
duplex dwellings.
Proposed lot fabrics
Location Map: 74 Rutherford Drive
REPORT:
BACKGROUND:
The property is zoned as Residential Four Zone in Zoning By-law 85-1.
The subject property is located near the intersection of Rutherford Drive and Kinzie Avenue The
property is generally rectangle in shape with a frontage along Rutherford Drive. The existing
development of the neighbourhood consists of a mix of single detached dwellings, semi-detached
dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood.
City Planning staff conducted a site inspection of the property on October 6, 2021.
Existing single detached dwelling at 74 Rutherford Drive
Planning Comments:
Consent
The applicant is requesting consent to create one new lot and one retain lot equal in size. To facilitate
the redevelopment of the subject lands the applicant is proposing to demolish the existing single
detached dwelling on the property and replace it with single detached dwellings on the severed and
retained lands.
The severed lot would have a lot frontage of 11.43 metres and an area of 689.8 square metres, while
the retained lot would also have a lot frontage of 11.43 metres, and an area of 689.8 square metres.
Zoning By-law
The subject property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone
permits a range of low density dwelling types such as single detached dwellings. The R-4 Zone
requires a minimum lot width of 9.0 metres and minimum lot area of 235 square metres for single
detached dwellings. The proposed lot widths and lot areas of the proposed severed and retained
lots exceed the minimum R-4 zone lot width and lot area requirements.
Official Plan
The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low
Rise Residential land use designation permits a full range of low density housing types which may
include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low-
rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and
integrating different forms of housing to achieve and maintain a low-rise built form. The maximum
net residential density for lands which are designated Low Rise Residential will be 30 units per
hectare.
The proposed severance is in accord with this aspect of the plan and maintains the residential land
use designation.
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:
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 proposed lot widths and lot areas of the proposed severed and retained lots exceed the
minimum R-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.
Provincial Policy Statement, 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 creations of lots and future single detached dwellings
that are 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.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
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.
represe
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. 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.
Planning Conclusions
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
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.
Building 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.
Heritage Comments:
Heritage Planning staff does not have any concerns with the proposed application.
Environmental Planning Comments:
Standard condition on both the severed and retained lands to enter into an agreement to complete
tree preservation / enhancement plan prior to demolition permit issuance.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering 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 and water municipal services are currently
available to service this property. Any further enquiries in this regard should be directed to Niall
Melanson (niall.melanson@kitchener.ca).
- Any new driveways a
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.
- The Owner shall extend the storm sewer or implement a suitable design solution for a sump pump
outlet to the satisfaction of the Director of Engineering.
Parks/Operations Comments:
Cash-in-lieu of park land dedication will be required as 1 new development lot is created. The
cash-in-lieu dedication required is $9545.00. Park Dedication is calculated at 5% of the new
development lots only, with a land valuation calculated by the lineal frontage of (6.87m + 6.89m +
6.99m = 20.75m) at a land value of $9,200 per frontage meter.
Two existing City-owned street trees (#139931 and #154915) will be impacted by the proposed
severance and future redevelopment and the owner shall fulfill one of the following three
requirements:
1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and
registered on title of the severed and retained lands, which shall include the following:
i. That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to the
Cemeteries. Said plan shall include, among other matters, the identification of
a proposed building envelope/work zone, landscaped area and vegetation to
be preserved. No changes to the said plan shall be granted except with the
s.
ii. The owner shall implement the Tree Protection and Enhancement Plan, prior
to any grading, servicing, tree removal or the issuance of building permits, to
iii. The owner shall maintain the severed and retained lands, in accordance with
the approved Tree Protection and Enhancement Plan, for the life the
development.
OR
2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and
registered on title of the severed and retained lands, which shall include the following:
a. That the owner shall prepare a Street Tree Planting Plan that shows the replacement
of the City-owned tree to be removed (located adjacent to the severed and retained
lands) with 2 suitable trees, in accordance with the City of Kitchener Development
Director Parks & Cemeteries.
b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction
OR
3. Make arrangements regarding financial compensation for the tree to be removed, to the
rks & Cemeteries.
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
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
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
DSD-2021-240
DSD-2021-205
Peter Ellis
519-503-2536
D20-20/22 KIT
January 7, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-001, B2022-002, B2022-
003, and B2022-004 to B2022-006
Committee of Adjustment Hearing January 18, 2022
CITY OF KITCHENER
B2022-001
26 Edgewood Drive
A & F Greenfield Homes Ltd.
The owner/applicant is proposing to sever the existing lot into two parcels for a newly
constructed semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
Document Number: 3912612
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
_____________________
B2022-002
670 Fairway Road South
Mona Terra Holdings Corp / Design Plan Services Inc (c/o David Igelman)
The owner/applicant is proposing to identify the existing building and parking area
around the building for a lease beyond 21 years.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
___________________
B2022-003
74 Rutherford Drive
Mirjana and Pero Perencevic / Boban Jokanovic (Agent)
The owner/applicant is proposing to sever the lot into two parcels. Staff note that this
application appears to be a resubmission of consent application B2021-054 from
October 2021.
Document Number: 3912612
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
__________________
B2022-004, B2022-005, and B2022-006
32 Burgetz Avenue
MB Future Homes Ltd.
The owner/applicant is proposing to sever the existing lot into 4 parcels for the creation
of two semi-detached dwellings (4 units). Staff note that this is a resubmission of
consent applications B2020-007, B2020-008, and B2020-009 (February 2020).
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
for each consent application ($350.00 x 3 applications = $1,050.00) prior to final
approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Document Number: 3912612
Archaeological Assessment (Advisory Comments):
Regional Staff advise that the subject property possesses the potential for the recovery
of archaeological resources. For this reason, the owner/applicant should be made
aware that:
If archaeological resources are discovered during the development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage, Tourism,
Sport and Culture industries. If it is determined that additional investigation and
reporting of the archaeological resources is needed, a licensed archaeologist will
be required to conduct this field work in compliance with S. 48(a) of the Ontario
Heritage Act; and/or;
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with the
Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
Airport Zoning (Advisory Comments):
Regional Staff advise that the subject lands are located within airport zoning regulated
area and specifically under the runway take-off approach surface. Therefore, the lands
and the proposed development are subject to all provisions and restrictions of Airport
Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 for each consent application.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
_______________
Document Number: 3912612
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,
Peter Ellis, MES
Principal Planner
Document Number: 3912612
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: January 7, 2022
REPORT NO.: DSD-2022-023
SUBJECT: B2022-004, B2022-005 and B2022-006 (32 Burgetz Ave)
RECOMMENDATION:
That applications B2022-004, B2022-005 and B2022-006 for consent to sever the existing lot
into four new lots for purposes of creating a lot for each unit in a semi-detached dwelling be
approved subject to the following conditions:
1. d
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 to the satisfaction of the
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
4. That the Owner provide a Servicing Plan showing outlets to the municipal servicing
severed and retained lands.
5. That the owner make financial arrangements to the satisfaction of the City's
Director of Engineering Services, for the installation of all new service connections
and the removal of redundant services to the severed lands and retained lands.
6. That the Owner submit a complete Development and Reconstruction As-Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150)
together with a digital submission of all AutoCAD drawings required for the site
(Grading, Servicing etc.) with the corresponding correct layer names and
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
for the retained lands.
7. That the Owner makes arrangements financial or otherwise for the relocation of
any existing City-owned street furniture, signs, hydrants, utility poles, wires or
lines, as required, to the satisfaction of the appropriate City department.
8. That the owner make arrangements to the satisfaction of the City's Director of
Engineering Services for the installation, to City standards, of boulevard
landscaping, closure of the redundant driveway ramp on the retained lands and
installation of a new driveway ramp on the severed lands.
9. That the Owner provides confirmation that the basement elevation of the house
can be drained by gravity to the street sewers, to the satisfaction of the Director of
Engineering Services. Where this cannot be achieved, the owner is required 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, at the cost of the Owner.
REPORT HIGHLIGHTS:
The purpose of this report is to make a recommendation for the proposed request to create
new lots by severing an existing parcel into four lots.
There are no financial implications to the City.
This report supports the delivery of core services
BACKGROUND:
The subject property is located Burgetz Ave. The proposed consent was previously considered and
approved by the Committee of Adjustment in February 2020 (B2020-007, B2020-008 and B2020-
009) however the owner failed to fulfill conditions and the deed was not endorsed within the required
timeframes, therefore the applicant has reapplied for the same consents. Minor variances were also
approved in 2020 to reduce lot width and area for each of the proposed lots (A2020-015, A2020-
016, A2020-017 and A2020-018). The zoning of the lands continues to be Residential Four Zone,
and the application is proposing the exact same lot sizes, and therefore variances remain valid and
do not require further consideration. Reference plan 58R21091 was prepared and deposited with
the registry office, and the subject application is based on this plan.
The Owner also received approval of a Consent Application in May 2019 to sever a two-storey log house
from the lands that are subject of this application. The 2019 consent was approved and the log house
severed from the subject lands. The property is located in a low rise residential neighbourhood and
Burgetz Avenue has been developed with semi-detached dwellings on both sides. The lands back onto
a former Catholic elementary school site which is currently vacant and the school has been demolished.
Residential Four Zone
in Zoning By-law 85-1. City Planning staff conducted a site inspection of the property on January 5,
2022.
Location Map:32 Burgetz Ave
Image 1: Subject lands with previously severed and renovated log house (January 5, 2022)
REPORT:
Planning Comments:
Proposed Consent
The applicant is requesting consent to create three new lots and one retained lot for the purposes of
constructing 2 semi-detached dwellings (4 units). The proposed lot sizes are as follows:
Lot 1: having a width of 6.89 metres and an area of 201.7 square metres,
Lot 2: having a width of 6.99 metres and an area of 202.4 square metres,
Lot 3: having a width of 6.87 metres and an area of 197.0 square metres,
Lot 4 (retained): having a width of 6.7 metres and an area of 207.8 square metres
Provincial Policy Statement, 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 creations of lots and future semi-detached dwellings
that are compatible with the surrounding community and will make use of the existing infrastructure.
No new public roads are required for the proposed development. 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 (Growth Plan):
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
diverse range and mix of housing options and densities to meet projected needs of current and future
residents, and at densities and in locations which support transit viability and active transportation.
The su
represents i
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. 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.
Official Plan
The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low
Rise Residential land use designation permits a full range of low density housing types which may
include single detached, duplex, semi-detached, street townhouse, and low-rise multiple dwellings.
The Low Rise Residential land use designation encourages mixing and integrating different forms of
housing to achieve and maintain a low-rise built form. The maximum net residential density for lands
which are designated Low Rise Residential will be 30 units per hectare. The proposed severance
maintains the intent of the low rise residential land use designation.
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:
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 d
The proposed lot widths and lot areas were approved through previous minor variances, and
planning staff continues to be 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 semi-detached dwellings and the renovated log house. 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
The subject property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone
permits a range of low density dwelling types including semi-detached dwellings. Previous minor
variance applications A2020-015, A2020-016, A2020-017 and A2020-018 were approved and permit
the proposed lot sizes.
Planning Conclusions
With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act,
Official Plan and the configuration of the proposed lots will comply with the regulations of the
Residential Four (R-4) zone, subject to the associated variances. The uses of both the severed and
-law, subject to the
approved minor variances. 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 Provincial Policy Statement and conforms to the Growth Plan tor the Greater
Golden Horseshoe.
The subject consent applications further subdivide lands previously considered by the Committee in
May 2019 and February 2020. Many conditions of these previous consents have been fulfilled and
are no longer required as part of this decision. The following have been completed:
A reference place was approved and deposited (58R-21019)
Minor Variance applications were approved.
Cash-in-lieu contribution for park dedication of $11,635.70 has been paid.
designation of the original log farmhouse, and the associated Heritage Impact Assessment
was approved.
Based on the foregoing, Planning staff recommends that Consent Applications B2022-004, B2022-
005, B2022-006 requesting consent to sever the subject property be approved subject to the
conditions listed in the Recommendations section of this report.
Heritage Planning Comments: The subject lands were part of a previous consent application in 2019
th
which facilitated the severance of the subject lands from the lands containing an early 19 century
log house. The log house has been retained in-situ on the adjacent property municipally addressed
as 28 Burgetz Avenue and it is not anticipated that the subject application to sever the lands
municipally addressed as 32 Burgetz Avenue into 4 lots will have impact on the log house. As such,
there are no heritage planning concerns with the consent applications.
Engineering 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 Niall Melanson (niall.melanson@kitchener.ca).
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 and Cemeteries Comments: Parkland Dedication paid as cash-in-lieu of land has been
previously requested and received for the subject lands thorough Committee of Adjustment
Application B2019-020 and no further Parkland Dedication is required. No City-owned street trees
will be impacted by the proposed development.
Building 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 construction of the new residential buildings.
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
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
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
DSD-19-128 28 Burgetz Ave (Consent)
DSD-20-030 28 Burgetz Ave (Variances and Consents)
Peter Ellis
519-503-2536
D20-20/22 KIT
January 7, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-001, B2022-002, B2022-
003, and B2022-004 to B2022-006
Committee of Adjustment Hearing January 18, 2022
CITY OF KITCHENER
B2022-001
26 Edgewood Drive
A & F Greenfield Homes Ltd.
The owner/applicant is proposing to sever the existing lot into two parcels for a newly
constructed semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
Document Number: 3912612
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
_____________________
B2022-002
670 Fairway Road South
Mona Terra Holdings Corp / Design Plan Services Inc (c/o David Igelman)
The owner/applicant is proposing to identify the existing building and parking area
around the building for a lease beyond 21 years.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
___________________
B2022-003
74 Rutherford Drive
Mirjana and Pero Perencevic / Boban Jokanovic (Agent)
The owner/applicant is proposing to sever the lot into two parcels. Staff note that this
application appears to be a resubmission of consent application B2021-054 from
October 2021.
Document Number: 3912612
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Airport Zoning (Advisory Comments):
There are no airport specific concerns for the above application. However, the
applicants must be advised that the subject lands are located within airport zoning
regulated area and specifically under the runway take-off approach surface. Therefore,
the lands and the proposed development are subject to all provisions and restrictions of
Airport Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
__________________
B2022-004, B2022-005, and B2022-006
32 Burgetz Avenue
MB Future Homes Ltd.
The owner/applicant is proposing to sever the existing lot into 4 parcels for the creation
of two semi-detached dwellings (4 units). Staff note that this is a resubmission of
consent applications B2020-007, B2020-008, and B2020-009 (February 2020).
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
for each consent application ($350.00 x 3 applications = $1,050.00) prior to final
approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Document Number: 3912612
Archaeological Assessment (Advisory Comments):
Regional Staff advise that the subject property possesses the potential for the recovery
of archaeological resources. For this reason, the owner/applicant should be made
aware that:
If archaeological resources are discovered during the development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage, Tourism,
Sport and Culture industries. If it is determined that additional investigation and
reporting of the archaeological resources is needed, a licensed archaeologist will
be required to conduct this field work in compliance with S. 48(a) of the Ontario
Heritage Act; and/or;
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with the
Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
Airport Zoning (Advisory Comments):
Regional Staff advise that the subject lands are located within airport zoning regulated
area and specifically under the runway take-off approach surface. Therefore, the lands
and the proposed development are subject to all provisions and restrictions of Airport
Zoning regulations and Nav Canada.
For further information in this regard please contact:
Kevin B. Campbell, Project Manager, Airport Construction and Development
519.648.2256 ext. 8511 Email: KCampbell@regionofwaterloo.ca
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 for each consent application.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
_______________
Document Number: 3912612
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,
Peter Ellis, MES
Principal Planner
Document Number: 3912612
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
The above-noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions or require additional information, please contact me
at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.