HomeMy WebLinkAboutCA Agenda - 2022-05-17
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD INVOLVED: 10
DATE OF REPORT: May 10, 2022
REPORT NO.: DSD-2022-225
SUBJECT: Minor Variance Applications A2022-040 and A2022-041
102 Waterloo Street
RECOMMENDATION:
A. That Minor Variance Application A2022-040 for 102 Waterloo Street (retained lot
per Consent Application B2021-039) requesting relief from Section 39.2.1 of Zoning
By-law 85-1:
i. To permit a front yard setback of 5.3 metres instead of the minimum required
6.2 metres; and
ii. To permit a rear yard setback of 6.2 metres instead of the minimum required
7.5 metres,
to facilitate the development of a duplex dwelling, generally in accordance with
drawings prepared by Van Harten Surveying Inc., dated April 6, 2022, BE APPROVED.
B. That Minor Variance Application A2022-041 for 102 Waterloo Street (
per Consent Application B2021-039) requesting relief from Section 39.2.1 of Zoning
By-law 85-1:
i. To permit a front yard setback of 5.4 metres instead of the minimum required
6.2 metres; and
ii. To permit a rear yard setback of 6 metres instead of the minimum required 7.5
metres,
to facilitate the development of a duplex dwelling, generally in accordance with
drawings prepared by Van Harten Surveying Inc., dated April 6, 2022, BE APPROVED.
*** 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 purpose of this report is to recommend approval of minor variance applications for reduced
minimum front yard setback and reduced minimum rear yard setback, to facilitate the
development of duplex dwellingson lots for which consent has previously been granted.
There are no financial implications to the City.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Waterloo Street, north of Shanley Street in the
Mt. Hope Huron Park Planning Community. The surrounding lands are composed of a mix of low-
density residential land uses, primarily single detached dwellings. The property contains a single
detached dwelling that was constructed in approximately 1884.
The property is identified as Major Transit Station Area (MTSA) on Map 2 Urban Structure and is
designated Low Rise Residential on Map 3 Land Use in
The property is zoned Residential Five Zone (R-5) in Zoning By-law 85-1. The subject property is
-law (i.e., implementation
of new RES zones). The future zoning of the property has been deferred to a subsequent project
since the property is within an MTSA. City Planning staff visited the properties on May 2, 2022.
Figure 1: Aerial photo showing subject property outlined in white.
On June 15, 2021, the subject property was the subject of a Committee of Adjustment decision
regarding Consent Application B2021-039 and Minor Variance Applications. The Committee granted
conditional consent to create a new lot to facilitate redevelopment of the lands for two new dwellings,
one on each resultant lot.
The severed lot has an approximate lot width of 8.74 metres, a depth of 26.3 metres, and an area of
246 square metres. A variance was also approved for the severed lot, which permitted a reduced lot
width of 8.74 metres instead of the required 9.0 metres (Minor Variance Application A2021-078).
The retained lot has an approximate lot width of 8.74 metres, a depth of 26.3 metres, and an area
of 230 square metres. The retained lot requireda minor variance(Minor Variance Application A2021-
077) to allow a reduced lot width to be 8.74 metres, instead of the required 9.0 metres and a reduced
lot area to be 230 square metres, instead of the required 235 square metres.
The owner has not yet fulfilled the consent approval conditions and the lots have not been created.
At this time, the applicant is seeking additional minor variances for both the severed and retained
lots, for the purposes of facilitating the construction of a duplex dwelling on each lot:
1. The purpose of Application A2022-040 is to request further variances for the retained lot, as
follows:
a. to permit a reduced minimum front yard setback of 5.3 metres, instead of the required
6.2 metres as outlined in Section 39.2.1 of By-law 85-1, and
b. to permit a reduced minimum rear yard setback of 6.2 metres, instead of the required
7.5 metres as outlined in Section 39.2.1 of the Zoning By-law.
2. The purpose of the Application A2022-041 is to request further variances for the severed lot,
as follows:
a. to permit a reduced minimum front yard setback to be 5.4 metres, instead of the
required 6.2 metres as outlined in Section 39.2.1 of By-law 85-1, and
b. to permit a reduced minimum rear yard setback of 6 metres, instead of the required
7.5 metres as outlined in Section 39.2.1 of the Zoning By-law.
Figure 2: Photo of the front of the subject property including the existing dwelling, taken
from Waterloo Street.
REPORT:
Planning Comments:
It is important to note that previously decided consent and minor variance applications reviewed the
appropriateness of the retained and severed lots, including, but not limited to lot widths and lot areas.
The purpose of the subject applications is only to review requested variances for rear and front yards
for proposed duplex dwellings.
Figure 3: Excerpt of minor variance sketch submitted with application forms.
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 2014 Official Plan contains policies related to the requested variances, such as:
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested,
proposed or required to facilitate residential intensification or a redevelopment of lands, the
overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but
not limited to the following to ensure, that:
b) Where front yard setback reductions are proposed for new buildings in established
neighbourhoods, the requested front yard setback should be similar to adjacent
properties and supports and maintain the character of the streetscape and the
neighbourhood
d) New buildings, additions, modifications and conversions are sensitive to the
exterior areas of adjacent properties and that the appropriate screening and/or
buffering is provided to mitigate any adverse impacts, particularly with respect to
privacy.
In this regard, the variances to reduce the minimum front yard setback maintain the general intent
and purpose of the Official Plan. It must be noted that along this section of Waterloo Street there is
a curve in the road and a variation in the right-of-way width from approximately 11.8 metres to 19.1
metres (see Figure 4).
Figure 4: Variation in right-of-way width along the curve on Waterloo Street.
This variation affects the placement of new buildings because front yard setback requirements are
based on the average distance between existing buildings and the front lot lines (i.e., front yards) of
the abutting lots. However, this is not always desirable where there are variations in this distance
that affect where buildings are placed relative to the travelled portion of the road and sidewalks.
Planning staff is of the opinion that, in this context, the requested reduced minimum front yard
setbacks are desirable because they ensure that the proposed buildings are located a more
consistent distance from the sidewalk and travelled portion of road and maintain the character of the
streetscape.
In addition, the variances to reduce the minimum rear yard setback maintain the general intent and
purpose of the Official Plan. It should be noted that the subject lots back onto the deep rear yard of
a property fronting Shanley Street (126 Shanley Street). In this regard, the reduced rear yard
setbacks are sensitive to the exterior areas of the adjacent properties. Planning staff does not have
any privacy concerns. Also, staff notes that as part of the previous approval of Consent Application
B2021-039 to create the subject lots, a condition was imposed to require the owner to enter into an
agreement with the City to prepare a Tree Preservation Plan for the retained and severed lots. This
condition will ensure that off-property trees are fully retained, and that on-property trees are retained
to the extent possible, thereby assisting with preservation of a vegetative screen between properties.
General Intent of the Zoning By-law
The variances to reduce the minimum rear yard setbacks maintain the general intent and purpose
of the Zoning By-law. As noted above, front yard setback requirements are based on the average
distance between existing buildings and the front lot lines (i.e., front yards) of the abutting lots. The
intent of the front yard setback requirement is to ensure buildings are located a more consistent
distance from the sidewalk and travelled portion of road and to maintain the character of the
streetscape.
In this case, compliance with the required minimum front yard setbacks would result in placement of
buildings that are located an unusually long distance from the sidewalk. The requested front yard
setback reductions maintain the general intent and purpose of the Zoning By-law by ensuring the
proposed buildings are located a more consistent distance from the sidewalk and travelled portion
of road and maintaining the character of the streetscape.
The intent of minimum rear yard setback requirements is to ensure adequately sized outdoor amenity
areas and to ensure privacy with adjacent properties. As noted above, the subject lots back onto the
rear portion of a deep rear yard (126 Shanley Street). The reduced rear yard setbacks are sensitive
to the exterior areas of the adjacent properties and no privacy concerns have been identified. Also,
as mentioned above, a tree preservation plan is required to be prepared and will ensure that off-
property trees are fully retained and that on-property trees are retained to the extent possible,
thereby assisting with preservation of a vegetative screen.
In addition, the third floor Floor Plan shows an approximately 28 square metre outdoor terrace and
indoor gym and playroom (for example, see below floor plan submitted with Application A2022-
040). These additional amenity areas combined with the nominally reduced rear yard setback will
provide more than sufficient on-site amenity space.
Figure 5: third floor Floor Plan submitted with Application A2022-040. The outdoor terrace is
outlined in red.
Are the Effects of the Variances Minor?
Planning staff is of the opinion that the variances are minor, in that they will not cause unacceptably
adverse impacts on adjacent properties. It should be noted that the front yard reduction variances apply
only to cantilevered upper-storey levels, not to ground floor levels. Ground floor levels continue to
provide 6.0 metre setbacks to the street line, permitting required parking to be appropriately located on
the driveways, in addition to within the attached garages.No compatibility or privacy concerns are
identified with the requested rear yard setback reductions, because of the orientation of the subject
properties relative to adjacent properties.
Are the Variances Desirable for the Appropriate Development or Use of the Land, Building and/or
Structure?
Planning staff is of the opinion that the variances to reduce the minimum front yard setback are
appropriate for the desirable development of the lands. The variances would permit the proposed
buildings to locate in a manner that ensures a more consistent distance to the travelled portions of
the road / sidewalk and that maintains the character of the streetscape.
In addition, the variances would facilitate redevelopment of the lots with duplex dwellings, which
represents sensitive intensification within an established neighbourhood.
Environmental Planning Comments:
A2022-040 and A2022-041: Tree management condition was requested as part of B2021-039.
Heritage Planning Comments:
A2022-040 and A2022-041: There are no heritage planning concerns associated with this 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 102 Waterloo Street is located within the Mount
Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City
considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and
preparing action plans for each CHL with specific conservation options.
Building Division Comments:
A2022-040 and A2022-041: The Building Division has no objections to the proposed variance provided
building permit for the new duplex is obtained prior to construction. Please contact the Building Division
at building@kitchener.ca with any questions.
Transportation Planning Comments:
A2022-040 and A2022-041: Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
A2022-040 and A2022-041: Engineering has no comments.
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-2021-142 regarding Consent Application B2021-039, and Minor Variance
Applications A2021-077 and A2021-078
Section 45, Planning Act, R.S.O. 1990, c. P.13
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
ATTACHMENTS:
Attachment A Minor Variance Sketch submitted with Application Forms
Attachment B Front and Rear Elevation Drawings for A2022-040
Attachment C Front and Rear Elevation Drawings for A2022-041
Attachment A Minor Variance Sketch submitted with Application Forms
Attachment B Front and Rear Elevation Drawings for A2022-040
Attachment C Front and Rear Elevation Drawings for A2022-041
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 5, 2022
REPORT NO.: DSD-2022-234
SUBJECT: Minor Variance application A2022-042 - 16 Brentwood Avenue
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-042 for 16 Brentwood Avenue requesting relief
from Section 38.2.1 of Zoning By-law 85-1 to permit an interior side yard setback of 0.6
metres instead of the minimum required 1.2 metres, to facilitate the construction of an
attached garage onto the existing single detached dwelling, generally in accordance
with drawings prepared by Imagine, dated February 28, 2022, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-042 for 16 Brentwood Avenue requesting relief
from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an interior side yard
setback of 0.6 metres instead of the minimum required 1.2 metres, to facilitate the
construction of an attached garage onto the existing single detached dwelling,
generally in accordance with drawings prepared by Imagine, dated February 28, 2022,
BE APPROVED subject to the following:
This minor variance shall become effective only at such time as Zoning By-law
2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O.
1990, c. P 13, as amended, at such time the variance shall be deemed to have come
into force as of the date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of an attached garage with a side yard
setback of 0.6 metres.
The key finding of this report is that the requested minor variance meets the 4 tests of the
Planning Act.
There are no financial implications.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Community engagement included circulation of the application via mail and notification by way
of the Record and signage placed on the property.
This report supports the delivery of core services.
Location Map 16 Brentwood Avenue
BACKGROUND:
The subject property is located on the east side of Brentwood Avenue close to the intersection of
Brentwood Avenue and Sheldon Avenue North. The subject property contains a one and a half
storey single detached dwelling. The area is predominately characterized as low-rise low-density
residential development.
The subject property is identified Community Areas on Map 2 Urban Structure and is designated
Low Rise Residential on Map 3 Land Us
The property is zoned Residential Four Zone (R-4) in Zoning By-law 85-1 and is zon
Residential Four Zone (RES-4) in new Zoning By-law 2019-051, which is currently under appeal.
The purpose of the application is to facilitate the construction of an attached garage onto the existing
single-detached dwelling.
City Planning staff conducted a site inspection on April 26, 2022
REPORT:
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
d use designation is to permit a
variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of
built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent
buildings, streets, and exterior areas. The property is presently developed with a 1.5-storey, single
detached residential dwelling with a detached accessory structure. The proposed attached garage will
not significantly change the existing massing, height, or other design characteristics of the property.
Therefore, it is the opinion of staff that the requested variance meets the general intent of the Official
Plan.
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
an appropriate 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. The rear yard is
accessible from the other side yard. This entrance is wide enough to permit the movement of both
people and the maintenance equipment such as wheelbarrows or lawn mowers.
Is/Are the Effects of the Variance(s) Minor?
The requested variance can be considered minor in nature. The variance will allow for development
of an attached garage that is compatible with the existing residential use of the property and will not
negatively impact neighbouring lots. Appropriate rear yard access continues to be accommodated
and the separation between the adjacent dwelling remains sufficient.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances to permit a reduction in the side yard setback will facilitate the construction
of an attached garage. Further, there will be little change to the visible scale and massing of the
house; as such the character of the streetscape and surrounding area will continue to be respected.
There are no anticipated negative impacts as a result of the requested variance to either adjacent
properties or the surrounding area.
Environmental Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the new
attached garage is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comments.
Parks/Operations Division Comments:
No comments.
GRCA
No objections.
Region of Waterloo
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
Zoning By-law 2019-051
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-243
SUBJECT: Minor Variance Application A2022-043 - 144 Samuel Street
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-043 for 144 Samuel Street requesting relief
from Section 6.1.1.2 d) of Zoning By-law 85-1 to permit a parking space to have a
minimum length of 4.7 metres instead of the minimum required length of 5.5 metres,
BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to provide recommendations for the approval of the requested
variance of A2022-043.
There are no financial implications.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
Figure 1: Location Map: 144 Samuel Street
setbacks
The subject property is located on the northerly side of Samuel Street between Krug Street and
Cameron Street North. The applicant has submitted a Curb Cutting permit with the City which is
currently under review.
Major Transit Station Area Urban Structure and is
Low Rise Residential
Residential Four Zone (R-4-law 85-1.
The purpose of this application is to create an additional legal parking space for the subject property
which would only have a length of 4.7 metre length, instead of 5.5 metres, for personal use for a
growing family. The applicant does not intend to create an additional dwelling unit in relation to this
application. The driveway width complies with the Zoning By-law and no further development will be
conducted on site.
th
City Planning staff conducted a site visit on April 29, 2022.
Figure 3: Front view of 144 Samuel Street
Figure 4: Concept Plan for driveway widening
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential The intent of this
land use designation is to permit a variety of low-density residential uses. Official Plan Policy 4.C.1.8
specifies criteria that should be considered where a minor variance is requested. S
of relevance to the requested variance and specifies that the variance should be reviewed to ensure
can function appropriately and not create unacceptable adverse impacts for adjacent
properties by providing both an appropriate number of parking spaces and an appropriate
landsca The driveway width meets the maximum width in the zoning
by-law and the parking space will still be able to function and accommodate a vehicle. As the
variance will not adversely impact abutting properties, the proposed variance to allow a shortened
parking space length meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the zoning regulation requiring the legal parking space length to be 5.5 metres is to
ensure a vehicle can be safely parked on the driveway without affecting the City right-of-way and
surrounding properties. One (1) parking space currently exists in the driveway without any issues.
Staff are of the opinion that the requested variance to allow the parking space length to be 4.7 metres
instead of 5.5 metres meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variance is considered minor as the required off-street parking space can be
accommodated within the existing driveway, which width meets zoning requirements, in a safe manner.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Planning staff is of the opinion that the proposed variance is desirable and appropriate as it will
recognize/legalize the deficient parking space and permit the double wide driveway to provide 2
unobstructed parking spaces that meet zoning requirements.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
There are no heritage planning concerns associated with this 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 144 Samuel 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.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Transportation Planning Comments:
Transportation Services can support the deficient parking space proposed through this application
as it would function adequately as there is approximately 6metresof space between the existing
dwelling and the sidewalk (typical parking space is 5.5m long). The property also has a wide enough
driveway along the side of the dwelling to provide for two (2) proper parking spaces, as well as the
garage.
NOTE: Blocking a sidewalk is still considered a by-law infraction and is subject to enforcement.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
No comments.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This report has b
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:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 2, 2022
REPORT NO.: DSD-2022-237
SUBJECT: Minor Variance Application A2022-044 - 222 Pandora Crescent
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-044 for 222 Pandora Crescent requesting relief
from Section 37.2.1 of Zoning By-law 85-1 to permit a carport addition to have a side
yard setback of 0.36 metres instead of the required 1.2 metres, generally in accordance
with drawings prepared by Eagleview Construction, dated March 28, 2022, BE
APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-044 for 122 Pandora Crescent requesting relief
from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit a carport addition to
have a side yard setback of 0.36 metres instead of the required 1.2 metres, generally
in accordance with drawings prepared by Eagleview Construction, dated March 28,
2022, BE APPROVED subject to the following:
This minor variance shall become effective only at such time as Zoning By-law 2022-
040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c.
P 13, as amended, at such time the variance shall be deemed to have come into force
as of the date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of Minor Variance Application A 2022-044,
requesting permission to construct a carport addition having a side yard setback of 0.36 metres
rather than the required 1.2 metres.
There are no financial implications.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is locatedat 222 Pandora Crescent, near the intersection with East Avenue.
There is the existing single detached dwelling and a detached garage in the rear yard. The applicant
is proposing to construct an attached carport at the side of the dwelling over the existing driveway.
Google Streetview Image
The subject property is identified as on Map 2 Urban Structure and is designated
on Map 3
The property is zoned Residential Three Zone (R-3) in Zoning By-law 85-1, and
Residential Two Zone (RES-2 in Zoning By-law 2019-051, which is currently under appeal. For the
proposed variance, both zoning by-laws have the same setback requirements.
The purpose of the application is to evaluate the requested variance to construct an attached carport
with a setback of 0.36 metres from the side lot line, rather than the required 1.2 metres.
Proposed Carport Addition View From Street
Proposed Carport Location Plan View
Side View of Carport from Abutting Property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The property is designated Low Rise Residential in the Official Plan which supports the use of the
property for a range of low rise housing including the existing single detached dwelling. In this regard,
Staff is of the opinion that the proposed variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
By-law 85-1 and 2019-051 (presently under appeal) both require a 1.2 metre side yard setback for
the existing dwelling and any building additions. The by-laws provide minimum setback requirements
for buildings to ensure there is adequate space for construction on a property without the necessity
to encroach on or impact an abutting property. In this case, the applicant is proposing to construct
the attached carport with a side yard setback of 0.36 metres. As the structure is open on all sides
and will maintain the appropriate width of a parking space on the driveway, Staff is of the opinion
that the requested variance meets the general intent of both Zoning By-laws.
Is the Effect of the Variance Minor?
The design of the proposed carport with four support columns setback from the lot line 0.36 metres
(located inside of the existing retaining wall along the side lot line) and a completely open structure
on three sides, Staff is of the opinion that the effect of the variance is minor.
Is the Variance Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The property is presently developed with a single detached dwelling with a detached garage in the
rear yard. Staff consider the proposed open carport to be appropriate as an addition to the existing
dwelling to provide a sheltered parking area on the existing driveway. There will be no impact on the
abutting property as the structure will be open with only the posts and roof being 0.36 metres from
the lot line.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the carport
addition is obtained prior to construction. Please contact the Building Division at building@kitchener.ca
with any questions.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application as the installation of the
carport would still allow for a 2.6m wide parking space (under the carport) and allow vehicles to
access the garage.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
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
of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1 or 2019-051
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
To: Committee of Adjustments
Re: A 2022-044 222 Pandora Cres
We are the property owners of .We are writing to support the above
mentioned application.Our neighbours have shared their plans for the project with us
and we have no concerns that the project would adversely effect our property.
The Specifics of the application include the construction of a new carport on the
westerly side of the home (where the current driveway is), which would reduce the side
yard setback to 0.3m.
Kindest,
Rachel DAguilar
From:
To:Committee of Adjustment (SM)
Subject:\[EXTERNAL\] Letter of Support - Re: A 2022-044 – 222 Pandora Cres
Date:Saturday, April 30, 2022 11:29:55 AM
Dear Committee of Adjustments,
Re: A 2022-044 – 222 Pandora Cres
We are the property owners of . We are writing to support the above
mentioned application. Our neighbours have shared their plans for the project with us and we
have no concerns that the project would adversely effect our property.
The Specifics of the application include the construction of a new carport on the westerly side
of the home (where the current driveway is), which would reduce the side yard setback to
0.3m.
Kindest,
Louise Jessup and Jamie Poholko
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Lisa Thompson, Planning Technician, 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 2, 2022
REPORT NO.: DSD-2022-230
SUBJECT: Minor Variance Application A2022-045 - 11 Stirling Avenue North
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2022-045 for 11 Stirling Avenue North requesting relief
from Section 54.2.1 to legalize the existing use of the property for a small Residential Care
Facility (less than 9 residents) on a lot having a width of 12 metres instead of the required 15
metres; and from Sections 6.1.1.1 b) i) and 6.1.1.1.2 of Zoning By-law 85-1 to allow the two (2)
required parking spaces for the residential care facility to be setback 0 metres from the front
lot line instead of the required 6 metres, and for one (1) of the parking spaces to have a length
of 3.1 metres instead of the required 5.5 metres, BE APPROVED.
REPORT HIGHLIGHTS:
The applicant is requesting the variances to legalize an existing residential care facility.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 11 Stirling Avenue North, just north of King Street East and is
presently used as a small residential care facility. In order to legalize the current use of the property
as a small residential care facility (having less than 9 residents), three (3) minor variances are
required from Zoning By-law 85-1.
1. To allow a minimum lot width of 12 metres, rather than the required 15 metres;
2. To allow the required parking to be located 0 metres from the front lot line, rather than the
required 6.0 metres; and
3. To allow one required parking space to have a length of 3.1 metres, rather than the required
5.5 metres.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
OnPoint Image of Property
The subject property is identified as on Map 2 Urban Structure and
is designated in the
1994 Official Plan.
The property is zoned Mixed Use Corridor Zone (MU-2 with Special Regulation 541R and Holding
Provision 15H in Zoning By-law 85-1. Staff note that the special regulation and holding provision are
not applicable to the subject application.
Google Street View
The purpose of the application is to legalize an existing small residential care facility on a lot having
a deficient width as well as a reduced parking setback and one parking space is proposed to be
shorter than required bythe zoning by-law.
Survey of 11 Stirling Avenue North
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 Mixed Use Corridor land use designation is intended to accommodate a variety of residential
and non-residential uses, including the full range of institutional uses. Legalization of the deficient
lot width, reduced parking setback and having one parking smaller parking space for an existing
residential care facility fully supports the intent of the land use designation. Therefore, Staff are of
the opinion that the requested variances meet the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the zoning regulation that requires a minimum lot width of 15 metres for a small
residential care facility is to ensure the property is large enough to accommodate the building and
the required zoning setbacks. As the building and lot are existing, Staff are of the opinion that this
variance meets the intent of the Zoning By-law.
The setback regulations for parking spaces is to ensure that there is adequate space on site to park
a vehicle without impacting the public realm and the parking space length of 5.5 metres is required
as it accommodates most passenger vehicles. The existing building was constructed in
approximately 1933 as a single dwelling. The existing driveway does not have the required length to
accommodate the 6.0 metre setback from the front lot line and one of the spaces cannot meet the
5.5 metre length due to the existing stairs at the front entrance of the building. Staff are of the opinion
that the requested variances related to parking setback and parking stall length meet the intent of
the Zoning By-law as both spaces can accommodate a vehicle without impacting the sidewalk as is
visible in the Streetview image above.
Are the Effects of the Variances Minor?
There are no building or exterior changes are proposed for the existing residential care facility. The
site has been operating in its current configuration without any adverse impacts to the abutting
properties for several years. Therefore, Staff can consider the effects of the requested variances to
be minor.
Are the Variances Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The subject property is zoned and designated for institutional uses, including the small residential
care facility. The continued use of the property for this use is appropriate and will maintain the
existing built form and is considered desirable and appropriate for the use of the lands.
Environmental Planning Comments:
There are no environmental concerns.
Heritage Planning Comments:
There are no heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
change of use to recovery home is obtained to legalize the current use. Please contact the Building
Division at building@kitchener.ca with any questions.
Transportation Planning Comments:
Given the longstanding existing nature of the driveway, Transportation Services can support the
proposed reduced parking space of 2.6m wide by 3.1m long given that there is adequate space
between the dwelling and the sidewalk for a vehicle to park.
Engineering Division Comments:
There are no Engineering no concerns.
Parks/Operations Division Comments:
There are no Parks/Operations concerns.
Region of Waterloo:
There are no Regional concerns.
Grand River Conservation Authority:
There are no concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
nning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-241
SUBJECT: Minor Variance Application A 2022-046 - 118 Weber Street East
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-046 for 118 Weber Street East requesting relief
from:
i. Section 6.1.1.1 of Zoning By-law 85-1 to permit 0 parking spaces instead of the
minimum required 3 parking spaces; and
ii. Section 44.3.6 of Zoning By-law 85-1 to permit a lot width of 10.1 metres instead of
the minimum required 15 metres;
to facilitate the conversion of the existing duplex on the subject property into a multiple
dwelling containing 3 dwelling units, in accordance with Site Plan Application
SP22/054/W/ES, BE APPROVED
REPORT HIGHLIGHTS:
The applicant is requesting minor variances for a reduction in minimum required lot width and
parking in order to convert the existing duplex dwelling into a 3-unit multiple dwelling.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
on Map 2 Urban Structure and is
on Map 10 King Street East Neighbourhood
Plan for 1994 Official Plan.
Commercial Residential One Zone (CR-1) in Zoning By-law 85-1.
The purpose of the application is to allow for the conversion of the duplex on the subject property
into a multiple dwelling containing 3 dwelling units. The conversion would involve interior demising
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
of units and does not propose to add any new floor area. A site plan application (SP22/054/W/ES)
has been submitted and is currently under review.
Figure 1: Location Map
Figure 2: View of Existing Duplex Dwelling (May 4, 2022)
Figure 3: Excerpt of Site Plan Drawing
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject lands are designated Low Density Commercial Residential in the King Street East
Neighbourhood Plan for Land Use in the Official Plan. This designation intends to recognize the
existing scale of mixed commercial and residential development and provide a buffer between Low
Rise Multiple Residential lands to the south and Low Rise Conservation lands to the north. This
designation permits multiple residential use. The requested variance to add one residential unit
would not propose new floor area or massing to the existing building and therefore the existing scale
would remain. Therefore, Staff are of the opinion that the requested variance meets the intent of the
Official Plan.
General Intent of the Zoning By-law
Parking Reduction: The intent of the regulation that requires one parking space per unit is to ensure
that adequate vehicle storage can be provided on site. The subject lands have historically had no
driveway or on-site vehicle storage. The existing building is located very close to the front and side lot
lines, and there is no opportunity to provide a driveway or vehicle storage on site without demolishing
the existing building. The subject lands functions with no driveway or on-site vehicle storage as a duplex
as the property owner offers dwelling units to tenants that do not own a car or require vehicle storage.
If a third unit is to be added to the site, the same would apply to the proposed additional unit.
The property is located within a Major Transit Station Area and is therefore in walking distance to Light
Rail Transit (Kitchener Market Station is located 450 metres away). A Grand River Transit bus stop for
Route 8 is located directly in front of the subject lands. In addition, the applicant has proposed to provide
3 Class A secure bicycle spaces (shown on Figure 3) within an enclosed accessory building in the rear
yard to encourage use of active transportation options.
Planning Staff is of the opinion that the requested variance for parking reduction meets the general
intent of the Zoning By-law.
Lot Width: The intent of the regulation that requires 15 metre of lot width for a multiple dwelling is
to ensure site functionality and access. The subject property does not contain a driveway and does
not possess the space required to install a new driveway. Access to the site/building is pedestrian
only, with concrete pathways provided on both sides of the building. Planning Staff is of the opinion
that the site is functional for pedestrian/cyclist access and therefore meets the general intent of the
Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The subject property currently contains two dwelling units. The addition of one dwelling unit is not
expected to cause any adverse impacts or major changes to the site layout or function. Therefore,
the variances can be considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The lands permit multiple dwelling as a use, and the surrounding neighbourhood contains many
multi-family dwellings on small lot fabrics. The requested variances will allow the site to be used for
3 units, and in the opinion of Planning Staff this is considered appropriate development and use of
the land in a Major Transit Station Area.
Environmental Planning Comments:
No natural heritage/Tree Management Policy concerns.
Heritage Planning Comments:
There are no heritage planning concerns associated with this 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 118 Weber Street East 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.
Building Division 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 Planning Comments:
Transportation Services can support the proposed application to have zero (0) parking spaces rather
than the required three (3) spaces given the existing layout of the property does not include any
parking area. The applicant has provided space for secured bicycle parking that has been included
as part of the site plan application process to provide support for the residents of the units.
Engineering Division Comments:
No Engineering concerns.
Parks/Operations Division Comments:
No Parks/Operations 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:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (1994)
Zoning By-law 85-1
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: May 4, 2022
REPORT NO.: DSD-2022-233
SUBJECT: Minor Variance Application A2022-047 - 291 Zeller Drive
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-047 for 291 Zeller Drive requesting relief from:
i. Section 6.1.1. b) ii) e) of Zoning By-law 85-1 to permit a driveway to have a
maximum width of 8.6 metres instead of the maximum permitted width of 7.9
metres (50% of the lot width); and
ii. Section 6.1.1. b) iv) to permit a driveway to be located a minimum distance of 6.6
metres from the intersection of Zeller Drive and Bridgemill Court instead of the
minimum required distance of 9 metres;
to recognize the location of the existing driveway, in accordance with drawings
prepared by the applicant and attached to application A2022-047, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A 2022-047 for 291 Zeller Drive requesting relief from:
i. Section 5.4 f) of Zoning By-law 2019-051 to permit a driveway to have a maximum
width of 8.6 metres instead of the maximum permitted width of 7.9 metres; and
ii. Table 5.2 c) to permit a driveway to be located a minimum distance of 6.6 metres
from the intersection of Zeller Drive and Bridgemill Court instead of the minimum
required distance of 7 metres,
to recognize the location of the existing driveway, in accordance with drawings
prepared by the applicant and attached to application A2022-047, BE APPROVED,
subject to the following:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
This minor variance shall become effective only at such time as Zoning By-law
2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O.
1990, c. P 13, as amended, at such time the variance shall be deemed to have come
into force as of the date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of an existing driveway.
The key finding of this report is that the requested minor variances meet the 4 tests of the
Planning Act
There are no financial implications.
Community engagement included circulation of the application via mail and notification by way
of the Record and signage placed on the property
This report supports the delivery of core services
BACKGROUND:
The subject property is located at the corner of Zeller Drive and Bridgemill Court in the Grand River
South Neighbourhood. The property contains a single-detached dwelling with an existing widened
driveway.
The subject property is identified Community Areas on Map 2 Urban Structure and is designated
Low Rise Residential on Map 3 Land
The property is zoned Residential Four Zone (R-4) in Zoning By-law 85-1 and zon
Residential Four Zone (RES- Zoning By-law 2019-051, which is currently under appeal.
The purpose of the application is to legalize both the driveway width and its location relative to the
intersection.
A site inspection occurred on April 26, 2022.
REPORT:
General Intent of the Official Plan
The subject property is designated Low Rise Residential in the Official Plan. The Residential
designation in 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 proposed variance conforms to the land use designation, and it is the opinion of staff the
requested variance is appropriate. The requested variance meets the general intent of the Official
Plan.
General Intent of Zoning By-law
The intent of the 9.0 metre setback under By-law 85-1 (7 metres under By-law 2019-051) is to ensure
that there are no obstructions within the corner visibility triangle and ensuring vehicles entering and
exiting the intersection can do so safely. The existing driveway will not create an obstruction to visibility
and not expected to result in any negative impacts on the adjacent residential properties. Therefore, the
general intent of the Zoning Bylaw continues to be maintained.
The intent of the regulation that restricts driveway width to 50% of the width of the lot is to preserve
neighbourhood aesthetics and ensure that front yards are not dominated by impervious surfaces
used for storing automobiles. In this case, the driveway is 0.7 metres over the required width
equating to 53 percent of the lot width. In the opinion of staff, the impact of 3 percent over the
permitted width is negligible. Consequently, the intent is being maintained.
Is/Are the Effects of the Variance(s) Minor?
Transportation Planning staff has advised it has no objections to the reduction in the Corner Visibility
Triangle (CVT) requirements. As the sightlines will not be impacted, the requested variances should not
impact any of the adjacent properties or the surrounding neighbourhood. Therefore, the variance is
appropriate for the development and use of the land.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The reduction in setback can be considered minor as it is not expected to cause any obstructions in the
Corner Visibility Triangle (CVT) and will continue to allow vehicles to have safe ingress/egress for the
property. The driveway widening has existed for some time without any complaints received. The
driveway is well maintained. As a result, the variances are desirable and appropriate, in the opinion of
staff.
Environmental Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variances.
Transportation Planning Comments:
Transportation Services can support the proposed variances to legalize an existing driveway. The
driveway is long enough so that a parked vehicle would not impact the corner visibility triangle and
sightlines for vehicles exiting Bridgemill Court are adequate.
Engineering Division Comments:
Engineering has no comments.
Parks/Operations Division Comments:
No comments.
GRCA
No objections.
Region of Waterloo
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on
application was mailed to all property owners within 30 metres of the subject property
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
Zoning By-law 2019-051
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD INVOLVED: 8
DATE OF REPORT: May 9, 2022
REPORT NO.: DSD-2022-240
SUBJECT: Minor Variance Application A 2022-048 - 50 Westwood Drive
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-048 for 50 Westwood Drive requesting relief
from
i. Section 5.22 (b) of Zoning By-law 85-1 to permit a minimum lot area of 377
square metres for a lot containing an Additional Dwelling Unit (Detached),
instead of the minimum required 395 square metres;
ii. Section 5.22 (c) of Zoning By-law 85-1 to permit a minimum lot width of 10.6
metres for a lot containing an Additional Dwelling Unit (Detached), instead of
the minimum required 13.1 metres; and
iii. Sections 6.1.1.1 c) i) and 6.1.1.1c) ii) a) of Zoning By-law 85-1 to permit two
required off-street parking spaces to be located in the driveway within the
minimum front yard, less than 6.0 metres from the street line;
to facilitate the development of an Additional Dwelling Unit (Detached) in the rear yard
of an existing Street Townhouse Dwelling Unit, generally in accordance with drawings
prepared by JP Design, dated March 28, 2022, BE APPROVED, subject to the following
condition:
1. That the property owner shall enter into an agreement with the City of Kitchener, to
Supervisor, Site Plans, and registered on title of the severed and retained lands,
which shall include the following:
i. That the property owner shall prepare a Tree Preservation and Enhancement
Management Policy, to the satisfaction of and approva
Supervisor, Site Plans. Such plans shall include, among other matters, the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
identification of a proposed building envelope/work zone, a landscaped area
and the vegetation to be preserved. No changes to the said plan shall be
granted except w
ii. That the property owner shall implement the Tree Preservation and
Enhancement Plan, prior to any tree removal, grading, servicing or the
issuance of any demolition and/or building permits, to the satisfaction of the
iii. That the property owner shall maintain the severed and retained lands, in
accordance with the approved Tree Preservation and Enhancement Plan, for
the life of the development.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-048 for 50 Westwood Drive requesting relief
from
i. Section 4.12.3 h) of Zoning By-law 2019-051 to permit a minimum lot area of 377
square metres instead of the minimum required 395 square metres;
ii. Section 4.12.3 i) of Zoning By-law 2019-051 to permit a minimum lot width of
10.6 metres instead of the minimum required 13.1 metres; and
iii. Section 5.3.3 b) of Zoning By-law 2019-051 to permit two required off-street
parking spaces to be located less than 6 metres from the street line;
to facilitate the development of an Additional Dwelling Unit (Detached) in the rear yard
of an existing Street Townhouse Dwelling Unit, generally in accordance with drawings
prepared by JP Design, dated March 28, 2022, BE APPROVED, subject to the following
conditions:
1. This minor variance shall become effective only at such time as Zoning By-law
2019-051 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O.
1990, c. P 13, as amended, at such time the variance shall be deemed to have come
into force as of the date of this decision.
2. That the property owner shall enter into an agreement with the City of Kitchener, to
Supervisor, Site Plans, and registered on title of the severed and retained lands,
which shall include the following:
i. That the property owner shall prepare a Tree Preservation and
Enhancement Plan for the severed and retained lands, in accordance with
among other
matters, the identification of a proposed building envelope/work zone, a
landscaped area and the vegetation to be preserved. No changes to the said
Site Plans.
ii. That the property owner shall implement the Tree Preservation and
Enhancement Plan, prior to any tree removal, grading, servicing or the
issuance of any demolition and/or building permits, to the satisfaction of
iii. That the property owner shall maintain the severed and retained lands, in
accordance with the approved Tree Preservation and Enhancement Plan,
for the life of the development.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of variances under By-law 85-1 and By-
law 2019-051 for reduced minimum lot area, reduced minimum lot width, and location of parking,
to facilitate the development of an Additional Dwelling Unit (Detached) in the rear yard of a
property used as a Street Townhouse Dwelling.
There are no financial implications to the City.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Westwood Drive, between Inwood Drive and
Westmount Road West, in the Westmount Planning Community. The property contains a Street
Townhouse Dwelling Unit (end unit), constructed in approximately 1967. The remainder of the Street
Townhouse Dwelling block is located on 52, 54, and 56 Westwood Drive. The surrounding lands are
composed of a mix of low-density residential uses, including but not limited to Single Detached
Dwellings, Semi-Detached Dwellings, Cluster Townhouse Dwellings, Street Townhouse Dwellings,
and low-rise apartment buildings (Multiple Dwellings). City Planning staff visited the properties on
May 2, 2022.
Figure 1: Aerial photo showing subject property outlined in white.
Figure 2: Photo of the front of the subject property, taken from Westwood Drive.
Figure 3: Photo of the rear yard of the subject property.
The property is identified as Community Areason Map 2 Urban Structure and is designated Low
Rise Residential on Map 3
The property is zoned Residential Four Zone (R-4) in Zoning By-law 85-1. In addition, RES-3 zoning
was approved for the property by City Council in March 2022 as part of
Comprehensive Review of the Zoning By-law (CRoZBy). However, this Stage 2B has been appealed
to the Ontario Land Tribunal (OLT). Recommendations are included within this report which relate
to both zoning scenarios, in the case that Stage 2B is approved by the OLT.
It should be noted that Street Townhouse Dwellings are not a permitted use under the R-4 Zone or
the RES-3 Zone. However, since the use was established prior to these zoning classifications, the
use of the property is considered legal non-conforming.
The purpose of the application is to request the following variances from By-law 85-1, to facilitate
the development of an Additional Dwelling Unit (Detached) \[ADU\] in the rear yard of an existing
Street Townhouse Dwelling Unit (see Appendix A):
1. Relief from Section 5.22 (b) to permit a minimum lot area of 377 square metres for a lot
containing an Additional Dwelling Unit (Detached), rather than the minimum required 395
square metres;
2. Relief from Section 5.22 (c) to permit a minimum lot width of 10.6 metres for a lot containing
an Additional Dwelling Unit (Detached), rather than the minimum required13.1 metres; and
3. Relief from Sections 6.1.1.1 c) i) and 6.1.1.1 c )ii) a) to permit two required off-street parking
spaces to be located in the driveway within the minimum front yard, less than 6.0 metres
from the street line.
As a result of the approval of -law
(CRoZBy), Planning staff notes that the applicant will also require the following variances
from By-law 2019-051:
A. Relief from Section 4.12.3 h) to permit a minimum lot area of 377 square metres, rather than
the minimum required 395 square metres;
B. Relief from Section 4.12.3 i) to permit a minimum lot width of 10.6 metres, rather than the
minimum required 13.1 metres; and
C. Relief from Section 5.3.3 b) to permit two required off-street parking spaces to be located
less than 6 metres from the street line.
In effect, the requested parking variance would permit side-by-side parking. Such an arrangement
is necessary because there is insufficient space beside the existing dwelling to allow a legal tandem
parking arrangement (i.e., 2.6 metres would be required, whereas only 2.04 metres can be provided).
The applicant
have the family be as close and \[sic\] together a geographically possible
our grandparents
It should be noted that this item was inadvertently advertised in The Record as being an application
Accessory Dwelling Unit (DAdditional
Dwelling Unit (Detached). Planning staff note that this is not an issue for provision of adequate notice
under the Planning Act. Indeed, an Additional Dwelling Unit (Detached), is necessarily an accessory
use.
Figure 4: Excerpt of plan submitted with application form.
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 2014 Official Plan contains many policies related to the requested variances, such as:
4.C.1.6. 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.
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested,
proposed or required to facilitate residential intensification or a redevelopment of lands, the
overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but
not limited to the following to ensure, that:
a) Any new buildings and any additions and/or modifications to existing buildings are
appropriate in massing and scale and are compatible with the built form and the
community character of the established neighbourhood
d) New buildings, additions, modifications and conversions are sensitive to the
exterior areas of adjacent properties and that the appropriate screening and/or
buffering is provided to mitigate any adverse impacts, particularly with respect to
privacy
e) The lands can function appropriately and not create unacceptable adverse impacts
for adjacent properties by providing both an appropriate number of parking spaces
and an appropriate landscaped/amenity area on the site
4.C.1.20. The City will support and attempt to accommodate residents who may wish to adapt
their housing to better suit their circumstances and needs that may change over time,
provided these changes to the housing do not significantly impact the nature or community
character of the surrounding residential area.
4.C.1.24. The City, in accordance with Planning Act and other applicable legislation, will
permit a stand-alone additional dwelling unit (detached), as an ancillary use to single
detached dwellings, semi-detach dwellings and street townhouse dwellings. The following
criteria will be considered as the basis for permitting an additional dwelling unit (detached).
a) the use is subordinate to the main dwelling on the lot;
b) the use can be integrated into its surroundings with negligible visual impact to the
streetscape;
c) the use is compatible in design and scale with the built form on the lot and the
surrounding residential neighbourhood in terms of massing, height and visual
appearance; and,
d) other requirements such as servicing, parking, access, stormwater management,
tree preservation, landscaping and the provision of amenity areas.
Additional dwelling units (detached) will be subject to site plan control.
15.D.3.8. The Low Rise Residential land use designation will accommodate a full range of
low-density housing types which may include single detached dwellings, additional dwelling
units, attached and detached, semi-detached dwellings, street townhouse dwellings,
townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs
housing, and other forms of low-rise housing.
In this case, the variances to reduce the lot area and lot width maintain the general intent and
purpose of the Official Plan. Stand-alone ADUs (Detached) are permitted as an ancillary use to
Street Townhouse Dwellings. The proposed ADU, having a gross floor area (GFA) of 55.7 square
metres, is an ancillary use, since it is supportive of and secondary to the primary use (Street
Townhouse Dwelling), which has a GFA of 148 square metres. The ADU will be integrated into its
surroundings and will not be visible from the streetscape. It should be noted that the property to the
rear, addressed as 35 Inwood Cres, has a significant number of trees in the rear yard which would
likely act as a screen (a tree management plan is recommended as a condition, especially to ensure
that off-property trees are protected). Also, the proposed ADU complies with all maximum building
floor area, building coverage, and height requirements in the zoning.
In reviewing the Official Plan policies holistically, of sensitive
residential intensification, including ADUs, to respond to changing housing needs and as a cost-
effective means to reduce infrastructure and servicing costs (see Policy 4.C.1.6.), Planning staff is
of the opinion that the requested parking variances maintain the general intent and purpose of the
Official Plan. Approximately 43 percent of the lot width would be used for landscaped area (including
walkway), while 56 percent of the lot width would be used for driveway. The Street Townhouse
Dwelling Unit and proposed ADU will function appropriately together and not create unacceptable
adverse impacts on adjacent properties, while maintaining the streetscape character.
General Intent of the Zoning By-law
Planning staff is of the opinion that the variances for reduced minimum lot area, reduced minimum
lot width, and parking location maintain the general intent and purpose of the Zoning By-law.
The 13.1 metre minimum lot width requirement was based on the assumption that that minimum
side yard setbacks would be provided on both sides, as in the case of a Single Detached Dwelling.
In this case, the main dwelling is a legal non-conforming Street Townhouse Dwelling Unit. Because
the Street Townhouse Dwelling Unit is an end unit, only one side yard setback is necessary.
Accordingly, Planning staff is of the opinion that in this case, a minimum lot width of 13.1 metres is
not required.
The 395 square metre minimum lot area requirement was based on a standard lot width of 13.1
metres and a typical lot depth of 30 metres. In this case, the lot is 35.4 metres deep significantly
deeper than a typical lot depth. Also, the maximum lot coverage requirement is 55 percent. However,
in this case, the proposed coverage is significantly less than the requirement leaving additional
space for landscaped area amenity space. The existing main dwelling has a small footprint of only
74 square metres and the ADU has a footprint of 55.7 square metres, which results in total lot
coverage of only 34.4 percent \[(74 + 55.7) / 377 = 0.344\].
In this case, it is appropriate to permit side-by-side parking, noting that 43 percent of the lot width at
the front of the dwelling would be landscaped. This arrangement would allow for the required 1.1 m
walkway to be accommodated.
It should be noted that in residential zones that permit Street Townhouse Dwellings (e.g., R-6 Zone),
the required minimum lot area is only 148.0 square metres, and the required minimum lot width is
only 5.5 metres. Such a dwelling would permit an accessory building with 15% coverage. In this
case, the ADU would have 14.9 percent coverage on a lot that is significantly larger than the
minimums in the R-6 Zone 2.5 times the lot area and 2 times the width. Also, an amenity space of
approximately 85.75 square metres will be provided in the rear yard after the ADU is constructed.
For comparison, based on the minimum requirements of the R-6 Zone for Street Townhouse
Dwelling, a rear yard area of only 41.25 square metres would need to be provided (7.5 metres x 5.5
metres) less than half the size of the proposed rear yard amenity space.
Are the Effects of the Variances Minor?
Planning staff is of the opinion that the variances are minor, in that they will not cause unacceptably
adverse impacts on adjacent properties. All on-site facilities required to support both the existing
dwelling and the ADU can be provided (e.g., parking, amenity area, walkway from the municipal
sidewalk to the ADU). A Tree Management Plan is recommended as a condition of approval to ensure
that as much vegetation as possible is retained and to ensure trees within the rear yard of adjacent
properties are not negatively impacted. This will help to ensure visual screening to the extent possible.
It should be noted that the portion of the evergreen hedge on the subject property, near the rear property
line may need to be removed to accommodate construction of the ADU.
Are the Variances Desirable for the Appropriate Development or Use of the Land, Building and/or
Structure?
Planning staff is of the opinion that the variances to reduce the minimum lot area and width, and
vary the location of parking, are appropriate for the desirable development of the lands. The
variances would allow the development of an ADU, which is a permitted use in the Low Rise
Residential designation. ADUs are encouraged as a form of residential intensification which assist
in responding 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 requested variances would facilitate development that represents sensitive
intensification within an established neighbourhood.
Environmental Planning Comments:
The standard tree management condition is required.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the ADU
is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any
questions.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comment.
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 the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Section 45, Planning Act, R.S.O. 1990, c. P.13
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
ATTACHMENTS:
Attachment A Plans submitted with application form.
Attachment A Plans submitted with Application Form
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-228
SUBJECT: Minor Variance Application A2022-049 - 441 and 443 East Avenue
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-049 for 441 and 443 East Avenue, requesting
relief from Section 38.2.2 of Zoning By-law 85-1 to permit a proposed semi-detached
dwelling to have a maximum building height of 11.2 metres instead of the maximum
permitted building height of 10.5 metres, generally in accordance with the elevations
submitted with Minor Variance Application A2022-049, dated March 15, 2022, prepared
by Bobicon Ltd., BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-049 for 441 and 443 East Avenue, requesting
relief from Section 7.3, Table 7-3, of Zoning By-law 2019-051 to permit a proposed
semi-detached dwelling to have a maximum building height of 11.2 metres instead of
the maximum permitted building height of 11.0 metres, generally in accordance with
the elevations submitted with Minor Variance Application A2022-049, dated March 15,
2022, prepared by Bobicon Ltd., BE APPROVED subject to the following:
This minor variance shall become effective only at such time as Zoning By-law 2022-
040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c.
P 13, as amended, at such time the variance shall be deemed to have come into force
as of the date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is the applicant is requesting relief from Section 38.2.2 of Zoning
By-law 85-1 and Section 7.3 of Zoning By-law 2019-051 to allow a maximum height of a
semi-detached dwelling of 11.2 metres rather than the permitted maximum height of 10.5
metres or 11.0 metres respectfully.
There are no financial implications.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
Location Map - 441 and 443 East Avenue
Photo of Subject Property
Major Transit Station Area (MTSA) Urban Structure
Low Rise Residential
Residential Four Zone (R-4-law 85-1 and -
By-law 2019-051, which is currently under appeal.
The applicant is requesting relief from Section 38.2.2 of Zoning By-law 85-1 and Section 7.3 of
Zoning By-law 2019-051 to allow a maximum height of a semi-detached dwelling of 11.2 metres
rather than the permitted maximum height of 10.5 metres and 11.0 metres respectfully.
Proposed Elevation of Semi-Detached Dwelling 441 and 443 East Avenue
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential with
permits low density forms of housing such as semi-detached dwellings. The proposed variance meets
the intent of the Official Plan which encourages a range of different forms of housing and encourages
a mix of residential uses in residential areas. It is the opinion of staff that the requested variance for
building height meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum permitted height of 10.5 metres and 11.0 metres respectively is to ensure
dwellings and
neighbourhood. The proposed semi-detached dwellings are surrounded by a variety of different
housing types and uses of various heights. Staff is of the opinion that the requested variance meets
the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variances can be considered minor, as it is the opinion of staff that the increase in height of 0.7
metres or 0.2 metres respectively are small in nature, will not be discernible and will not impact adjacent
properties and the overall neighhourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variance is appropriate for the development and use of the land. The requested variance should
not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and
height of the new semi-detached dwellings will not negatively impact the existing character of the subject
property or surrounding neighbourhood, as the property is surrounded by a variety of uses of various
height.
Environmental Planning Comments:
No environmental planning concerns.
Heritage Planning Comments:
No Heritage Planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the semi-
detached dwelling is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comments.
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
of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
B2021-048-050 Consent application
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-229
SUBJECT: Minor Variance Application A2022-050 - 445 and 447 East Avenue
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-050 for 441 and 443 East Avenue, requesting
relief from Section 38.2.2 of Zoning By-law 85-1 to allow a proposed semi-detached
dwelling to have a maximum building height of 11.2 metres instead of the maximum
permitted building height of 10.5 metres, generally in accordance with the elevations
submitted with Minor Variance Application A2022-050, dated March 15, 2022, prepared
by Bobicon Ltd., BE APPROVED.
Zoning By-law 2019-051
A. That Minor Variance Application A2022-050 for 441 and 443 East Avenue, requesting
relief from Section 7.3, Table 7-3, of Zoning By-law 2019-051, to allow a proposed semi-
detached dwelling to have a maximum building height of 11.2 metres instead of the
maximum permitted building height of 11.0 metres, generally in accordance with the
elevations submitted with Minor Variance Application A2022-050, dated March 15,
2022, prepared by Bobicon Ltd., BE APPROVED subject to the following:
This minor variance shall become effective only at such time as Zoning By-law 2022-
040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c.
P 13, as amended, at such time the variance shall be deemed to have come into force
as of the date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is the applicant is requesting relief from Section 38.2.2 of Zoning
By-law 85-1 and Section 7.3 of Zoning By-law 2019-051 to allow a maximum height of a
semi-detached dwelling of 11.2 metres rather than the permitted maximum height of 10.5
metres and 11.0 metres respectfully.
There are no financial implications.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
Location Map 445 and 447 East Avenue
Photo of Subject Property
Major Transit Station Area (MTSA) Urban Structure
Low Rise Residential
Residential Four Zone (R-4-law 85-1 Low Rise Residential
Four Zone (RES-4)-law 2019-051, which is currently under appeal.
The applicant is requesting relief from Section 38.2.2 of Zoning By-law 85-1 and Section 7.3 of
Zoning By-law 2019-051 to allow a maximum height of a semi-detached dwelling of 11.2 metres
rather than the permitted maximum height of 10.5 metres and 11.0 metres respectfully.
Proposed Elevation of Semi-Detached Dwelling 445 and 447 East Avenue
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential with
permits low density forms of housing such as semi-detached dwellings. The proposed variance meets
the intent of the Official Plan which encourages a range of different forms of housing and encourages
a mix of residential uses in residential areas. It is the opinion of staff that the requested variance for
building height meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum permitted height of 10.5 metres and 11.0 metres respectively is to ensure
neighbourhood. The proposed semi-detached dwellings are surrounded by a variety of different
housing types and uses of various heights. Staff is of the opinion that the requested variance meets
the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variances can be considered minor, as it is the opinion of staff that the increase in height of 0.7
metres or 0.2 metres respectively are small in nature, will not be discernible and will not impact adjacent
properties and the overall neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variance is appropriate for the development and use of the land. The requested variance should
not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and
height of the new semi-detached dwellings will not negatively impact the existing character of the subject
property or surrounding neighbourhood, as the property is surrounded by a variety of uses of various
height.
Environmental Planning Comments:
No environmental planning concerns.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the semi-
detached dwelling is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comments.
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
of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
B2021-048-050 Consent application
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-246
SUBJECT: Minor Variance Application A 2022-051 - 235 Chapel Hill Drive
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-051 for 235 Chapel Hill Drive requesting relief
from:
i. Section 40.2.6 of Zoning By-law 85-1 to permit a side yard setback of 0.6 metres
instead of the minimum required 2.5 metres;
ii. Section 40.2.6 of Zoning By-law 85-1 to permit a Floor Space Ratio (FSR) of 0.75
instead of the maximum permitted 0.6; and
iii. Section 6.1.2 a) of Zoning By-law 85-1 to allow a parking rate of 1.15 parking spaces
per dwelling unit instead of the minimum required 1.5 parking spaces per dwelling
unit;
to facilitate the development of a townhouse block, having a maximum of 12 dwelling
units, in accordance with drawings prepared by MHBC Planning, dated March 29, 2022,
BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-051 for 235 Chapel Hill Drive requesting relief from
Section 7.3, Table 7-6, of the Zoning By-law 2019-051:
i. To permit a side yard setback of 0.6 metres instead of the minimum required 3
metres; and
ii. To permit a maximum Floor Space Ratio (FSR) of 0.75 rather than the maximum
permitted 0.6;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
to facilitate the development of a townhouse block, having a maximum of 12 dwelling
units, generally in accordance with drawings prepared by MHBC Planning, dated March
29, 2022, BE APPROVED.
This minor variance shall become effective only at such time as Zoning By-law 2022-040
comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as
amended, at such time the variance shall be deemed to have come into force as of the
date of this decision.
REPORT HIGHLIGHTS:
The applicant is requesting minor variances for a reduction in minimum required side yard
setback and parking, and an increase in the maximum permitted Floor Space Ratio (FSR) in
order to add a block of townhouse units to a multiple dwelling development currently under
construction.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on Chapel Hill Drive in the Doon South Neighbourhood. The site is
currently under construction with a 66-unit townhouse multiple dwelling development.
The subject property is identified as a Community Area Urban Structure and is
Low Rise Residential
Residential Six Zone (R-6-law 85-1. The property is zoned
--law 2019-051, which is currently under
appeal.
The purpose of the application is to allow for a land conveyance for City parkland and to allow for an
additional block of townhomes to be added to the existing approved development. The additional
block would have 9-12 units. This would bring the unit total on site (in addition to the 66-unit multiple
dwelling development approved through SP19/038/C/ES) to 75-78 units.
Figure 1: Location Map
Figure 2: View of Existing Site (May 6, 2022)
Figure 3: Excerpt of Site Plan Drawing
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential in the Official Plan. The intent of this
designation is to encourage a range of different forms of housing to achieve a low density
neighbourhood. The requested variances for a parking reduction and a reduction in the interior yard
setback will continue to maintain the low-density character of the property and surrounding
neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the
Official Plan.
General Intent of the Zoning By-law
Side Yard Setback: The intent of the regulation that requires a 2.5 metre setback (in Zoning By-law
85-1) and 3 metres (in Zoning By-law 2019-051) is to ensure appropriate access and building
separation can be provided. In this circumstance, the proposed 0.6 metre side yard setback is the
result of a potential land conveyance to the City for parkland purposes. The future potential use of
the lands as parkland would ensure that no residential buildings will be built adjacent to this property
line and therefore building separation in the side yard will be adequate. Therefore, Staff are of the
opinion that the requested variance for side yard setback meets the general intent of the Zoning By-
law.
Floor Space Ratio: The intent of the regulation that restricts Floor Space Ratio (FSR) to 0.6 is to
maintain an overall low intensity of use and a low-rise scale on the lands. The proposed development
would maintain a low-rise scale as all buildings will be less than 10.5 metres in height. The removal
of approximately 2600 square metres of land area from the subject lands as potential parkland
dedication reduces the lot area on site and results in a higher FSR. Planning Staff are of the opinion
that the proposed addition of one block of townhouse units to the site maintains a low-rise scale and
low intensity of use on the lands and therefore meets the general intent of the Zoning By-law.
Parking Reduction: The intent of the regulation that requires 1.5 parking spaces per unit is to
ensure adequate vehicle storage on site for residents and visitors. The proposed rate of 1.15 spaces
per unit is in line with the parking rates required in Zoning By-law 2019-051 and represents a rate of
1 space per residential unit and 0.15 visitor spaces per unit. Planning Staff are of the opinion that
the proposed rate of 1.15 parking spaces per unit will provide adequate vehicle storage on site and
therefore that the requested variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variances for side yard setback, parking reduction, and increase in FSR are
considered minor as they represent small changes that are not expected to result in adverse impacts
to neighbouring properties or the surrounding area.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Planning Staff are of the opinion that the requested variances will maintain the low density and low
rise intended use of the lands and is therefore considered appropriate.
Environmental Planning Comments:
No natural heritage / Tree Management Policy concerns.
Heritage Planning Comments:
No Heritage Planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
stacked townhouse is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Planning Comments:
Transportation Services can support the proposed modification to the approved parking ratio (from
1.5 spaces per unit to 1.15 spaces per unit).
Engineering Division Comments:
No Engineering concerns.
Parks/Operations Division Comments:
No Parks/Operations 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:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (1994)
Zoning By-law 85-1
Zoning By-law 19-051
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-242
SUBJECT: Minor Variance Application A2022-052 30 Reistwood Drive
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-052 for 30 Reistwood Drive requesting relief from
Section 6.1.1.2 d) of Zoning By-law 85-1 to permit a parking space to have minimum length
of 4.5 metres instead of the minimum required length of 5.5 metres, to recognize one (1)
of two (2) side by side parking spaces in an existing driveway, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-052 for 30 Reistwood Drive requesting relief from
Section 5.3.1, Table 5-1, of Zoning By-law 2019-051 to permit a parking space to have a
minimum length of 4.5 metres instead of the minimum required length of 5.5 metres, to
recognize one (1) of two (2) side by side parking spaces in an existing driveway, BE
APPROVED subject to the following:
This minor variance shall become effective only at such time as Zoning By-law 2022-040
comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as
amended, at such time the variance shall be deemed to have come into force as of the
date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to provide recommendations for the approval of the requested
variances identified in Minor Variance Application A2022-052.
There are no financial implications.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located to the west of the intersection of Huron Road and Fischer Hallman
Road. The dwelling abuts Huron Road as an end unit of the existing street townhouse block.
Figure 1: Location Map: 30 Reistwood Drive
Community Areas Urban Structure and is
Low Rise Residential
Residential Six Zone Provision 732R, 734R (R-6, 732R, 734R-
law 85-1 -
law 2019-051, which is currently under appeal.
The purpose of this application is to create an additional legal parking space for the subject property.
The applicant widened the driveway to be able to provide 2 parking spaces side by side, however
because of the location of the porch steps, one of the parking spaces does not meet the required
length of a parking space of 5.5 metres. The applicant would like to be able to retain the driveway,
which width complies with the Zoning By-law, and recognize 2 legal parking spaces. The applicant
widened the driveway without a permit and would like to have the additional parking space of 4.5
metre length legalized for personal use. The applicant does not intend to create an additional
dwelling unit associated with this application. The applicant did not make any changes to the City
curb.
City Planning staff conducted a site inspection of the property on April 29th, 2022
Figure 2: Finished driveway 30 Reistwood Drive
Figure 3: Survey showing the front yard measurements
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential in t The intent of this
land use designation is to permit a variety of low-density residential uses. Official Plan Policy 4.C.1.8
specifies criteria that should be considered where a minor variance is requested. S
of relevance to the requested variance and specifies that the variance should be reviewed to ensure
can function appropriately and not create unacceptable adverse impacts for adjacent
properties by providing both an appropriate number of parking spaces and an appropriate
The driveway width meets the maximum width in the zoning
by-law and the parking space will still be able to function and accommodate a vehicle. As the
variance will not adversely impact abutting properties, the proposed variance to allow a shortened
driveway length meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the zoning regulation requiring the legal parking space length to be 5.5 metres is to
ensure a vehicle can be safely parked on the driveway without affecting the City right-of-way and
surrounding properties. One (1) parking space currently exists in the driveway without any issues.
Staff are of the opinion that the requested variance to allow the parking space length to be 4.5 metres
instead of 5.5 metres meets the general intent of the Zoning By-law.
Figure 4:
Is/Are the Effects of the Variance(s) Minor?
The requested variance is considered minor as the required off-street parking space can be
accommodated within the existing driveway, which width meets zoning requirements, in a safe manner.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Planning staff is of the opinion that theproposed variance isdesirable and appropriate as it will
recognize/legalize the deficient parking space and permit the double wide driveway to provide 2
parking spaces that meet zoning requirements.
Environmental Planning Comments:
No natural heritage or Tree Management Policy issues.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comment
Parks/Operations Division Comments:
N/A
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:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1 or 2019-051
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: May 5, 2022
REPORT NO.: DSD-2022-239
SUBJECT: Minor Variance Application A2022053 - 28 Metzloff Drive
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-053 for 28 Metzloff Drive requesting relief from
Section 38.2.1 of Zoning By-law 85-1, to allow for an attached carport to have a side
yard setback of 0.6 metres instead of the minimum required 1.2 metres, BE
APPROVED.
Zoning By-law 2019-051
A. That Minor Variance Application A2022-053 for 28 Metzloff Drive requesting relief from
Section 7.3, Table 7-2, to allow for an attached carport to have a side yard setback of
0.6 metres instead of the minimum required 1.2 metres, BE APPROVED subject to the
following:
This minor variance shall become effective only at such time as Zoning By-law 2022-
040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c.
P 13, as amended, at such time the variance shall be deemed to have come into force
as of the date of this decision.
REPORT HIGHLIGHTS:
The applicant is requesting a variance to facilitate the construction of an attached carport with
a 0.6 metre side yard setback.
There are no financial implications.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property at 28 Metzloff Drive is located on the northerly side of Metzloff Drive near the
intersection of Patricia Avenue and Meltzoff Drive. The subject property is currently developed with
a one storey single detached dwelling.
Location Map: 28 Metzloff Drive
Community Areas Urban Structure and is
Low Rise Residential
Residential Four Zone (R-4-law 85-1 and Low Rise Residential
Four Zone (RES-4) in Zoning By-law 2019-051, which is currently under appeal.
The purpose of the application is to permit the construction of an attached carport 3.0 metres (10
feet) by 9.45 metres (31 feet) with a side yard setback of 0.6 metres instead of the minimum required
1.2 metres. The proposed carport will provide for an adequately sized covered parking space for the
property vehicle.
The building permit application for the existing single detached dwelling, approved in June of 1955,
shows a 3.65 metre (12 foot) setback from the easterly side lot line. With the proposed carport width
of 3.0 metres (10 feet), the carport is proposed to be setback from the side lot line a distance of 0.6
metres (2 feet). As the setback is required to be 1.2 metres a minor variance is required.
28 Metzloff Drive Carport Addition Plans
Existing Single Detached Dwelling at 28 Metzloff Drive
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
intent of the Low-Rise Residential land use designation is to permit a variety of low-density residential
uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing,
scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas.
The property is presently developed with a one-storey, single detached residential dwelling. The
proposed construction of an attached carport is an appropriate use on residential properties and will not
significantly change the existing massing, height, or other design characteristics of the dwelling.
Therefore, planning staff is of the opinion that the requested variance is appropriate and meets the
General Intent of the Zoning By-law
The intent of the 1.2 metre side yard setback is to ensure that there is adequate space provided to
access the rear of a property. The 0.6 metre setback that is to result from the proposed carport will still
permit an appropriate means of entry. Given the proposed structure is a carport, staff are of the opinion
that a 0.6 metre setback from the side lot line will be an appropriate setback and meet the intent of the
regulation. Therefore, staff is of the opinion that the reduction in the side yard setback being requested
meets the general intent of the zoning by-law.
Is the Effects of the Variance Minor?
The requested variance to reduce the side yard setback by 0.6 metres is minor in nature. Staff is of the
opinion that the requested reduction in setback will allow for the construction of a new carport that is
compatible with the existing uses of the property and will not negatively impact any of the adjacent
properties or surrounding neighbourhood. Appropriate rear and side yard access continue to be
accommodated.
Is the Variance Desirable For The Appropriate Development or Use of the Land?
The variance is appropriate for the development and use of the land. The request variance is not
expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed
scale, massing, and height of the carport is compatible with the existing dwelling on the property and
will not negatively impact the present character of either the subject property or the surrounding
area. Further, the reduced setback is necessary to allow the carport to have an appropriate width to
fit a vehicle and provide enough space between the lot line and carport for maintenance.
Environmental Planning Comments:
There are no environmental planning concerns associated with the application.
Heritage Planning Comments:
There are no heritage planning concerns associated with the application.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the carport
addition is obtained prior to construction. Please contact the Building Division at building@kitchener.ca
with any questions.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Division Comments:
Engineering has no concerns with the proposed application
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
April 29, 2022 via email
GRCA File: A2022-053 – 28 Metzloff Drive
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6 Floor
Kitchener, ON, N2G 4G7
CofA@Kitchener.ca
Dear Sarah Goldrup,
Re: Minor Variance Application A 2022-053
28 Metzloff Drive, City of Kitchener
Mark Girard and Hannah Gordon
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor
variance application.
Recommendation
GRCA has no objection to the above-noted minor variance application.
Documents Reviewed by Staff
Staff have reviewed the following documents submitted with this application, received
by GRCA staff on April 22, 2022 from the City of Kitchener:
Application for Minor Variance (City of Kitchener, April 1 2022)
Carport Plan (Jon Crummer, February 23 2022)
GRCA staff previously discussed the proposed carportwith the applicant (April 4-5,
2022)and a permit is not required.
GRCA Comments
GRCA has reviewed this application as per our delegated responsibility from the
Province to represent provincial interests regarding natural hazards identified in Section
3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under
Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with
the Region of Waterloo and as a public body under the Planning Act as per our CA
Board approved policies.
Information currently available at this office indicates that the subject property contains
floodplain (two-zone fringe) and the associated regulated allowance. A copy of our
resource mapping is attached.
Due to the presence of the floodplain, a portion of the subject property is regulated by
theGRCA 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 subject property contains an existing detached single-family residential dwelling.
The purpose of this application is to construct an attached carport to cover a portion of
the driveway. The applicant is requesting relief from the zoning by-law to allow the
carport to have a side yard setback of 0.63 metres whereas 1.2 metres is required.
Based on the circulated plan, the carport will be partially located in the GRCA’s
regulation limit and just inside the Two-Zone fringe floodplain boundary.
GRCA has no objection to this minor variance application and a permit is not required
from our office.
Consistent with GRCA’s 2022 approved fee schedule, this application is considered a
‘minor’ minor variance and the applicant will be invoiced in the amount of $290 for the
GRCA’s review of this application.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Enclosed: GRCA Regulation Map
Copy: Mark Girard and Hannah Gordon – Owners (via email)
Grand River
Conservation Authority
Date: Apr 28, 2022
Author: JC
A2022-053
28 Metzloff 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, 2022.
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 in parentheses in the map
legend. For a complete listing of sources and citations go to:
https://maps.grandriver.ca/Sources-and-Citations.pdf
0361218
GRCA
Metres
Map Centre (UTM NAD83 z17): 539,845.76 4,810,023.56
NAD 1983 UTM Zone 17NScale: 510
This map is not to be used for navigation | 2020 Ortho (ON)
±
From:
To:Committee of Adjustment (SM)
Subject:\[EXTERNAL\] Fwd: (Automatic Reply) Thank you for contacting the City of Kitchener
Date:Tuesday, May 3, 2022 8:09:32 PM
---------- Forwarded message ---------
From:City of Kitchener <noreply@kitchener.ca>
Date: Tue, May 3, 2022 at 7:24 PM
Subject: (Automatic Reply) Thank you for contacting the City of Kitchener
To: <>
This message is to confirm receipt of your recent email to the City of Kitchener.
Thank you,
City of Kitchener
Your Name:
Bernadette Lichty
Subject:
Application No. A 2022-053
Your Message:
I strongly object to allowing any variance to zoning by-law to 28 Metzloff Drive. My house
could be jeopardized with the addition of a carport. With water runoff from the
carport flooding to my basement is a strong possibility. With uncertain weather patterns the
possibility of flooding and water damage to my property from this carport it’s critical this does
not get built
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-221
SUBJECT: Minor Variance Application A2022-054 - 68 Hollybrook Trail
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-054 for 68 Hollybrook Trail requesting relief
from Section 6.1.1.1. b) ii) e) of Zoning By-law 85-1, to permit a driveway having a
maximum width of 7.8 metres instead of the maximum permitted 6.1 metres (being
50% of the lot width) generally in accordance with drawings prepared by the applicant,
and submitted in support of the application, BE APPROVED, subject to the following
conditions:
i. That the driveway extension located to the left of the exterior wall of the
attached garage
Planning; and
ii. That the Owner obtain a Residential Curb Cutting and Driveway Widening
Permit from the City of Kitchener, and that permission is obtained from the
Developer (Hallman Construction Limited)
Director of Engineering, should the works be completed prior to the roadway
being assumed by the City of Kitchener.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-054 for 68 Hollybrook Trail requesting relief
from Section 5.4, Table 5-2 of Zoning By-law 2019-051, to permit a driveway having a
maximum width of 7.8 metres instead of the maximum permitted 6.1 metres (being
50% of the lot width) generally in accordance with drawings prepared by the applicant,
and submitted in support of the application, BE APPROVED, subject to the following
conditions:
i. This minor variance shall become effective only at such time as Zoning By-law
2022-040 comes into force, pursuant to section 34 (30) of the Planning Act,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to
have come into force as of the date of this decision;
ii. That the driveway extension located to the left of the exterior wall of the
attached garage
Planning; and
iii. That the Owner obtain a Residential Curb Cutting and Driveway Widening
Permit from the City of Kitchener, and that permission is obtained from the
Developer (Hallman Construction Limited)
Director of Engineering, should the works be completed prior to the roadway
being assumed by the City of Kitchener.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approved of a proposed minor variance to facilitate
a driveway widening.
There are no financial implications associated with this application.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 68 Hollybrook Trail. The single detached dwelling was legally
converted to a duplex in 2020.
Figure 1 68 Hollybrook Trail
Community AreaUrban Structure and is designated
on Map 3 The property is zoned
Residential Three Zone(R-3)with Special Regulation Provision463Rin Zoning By-law 85-1and
Low Rise Residential Three Zone (RES-3) in Zoning By-law 2019-051, which is currently under
appeal. The zoning and designation permit the existing duplex dwelling.
The applicant is seeking relief from the Zoning By-law to permit a driveway having a maximum width
of 7.8 metres rather than 6.1 metres (being 50% of the lot width) to allow three cars to park on the
driveway. The owner has legally converted the dwelling to a duplex. While a duplex only requires 2
parking spaces (one for the single detached dwelling and one for the additional dwelling unit) the
actual parking needs of the family and their tenants exceed the amount of parking available in the 2
car garage and 2 car driveway (4 spaces currently exist). As such they are proposing to widen the
driveway to accommodated 3 vehicles.
Photo 1 68 Hollybrook Trail (photo April 29, 2022).
Staff visited the site on April 29, 2022 and observed that the driveway had previously been widened
to the left of the garage/driveway (not depicted on the submissions). This widened section of
driveway also links to a walkway connection to the rear yard. The widened driveway does not comply
with driveway side yard setback regulations, and together with the proposed widening to the right of
the driveway, would result in a driveway with a width exceeding the 7.8 metres as requested through
this application. The owner has agreed that the driveway will be returned to its original width rather
than applying for additional variances. The walkway leading to the rear yard may remain and can
connect to the driveway closer to the garage (see Photo 2 below). Staff is satisfied with this solution.
Photo 2 Section of Driveway to be Removed (approx).
4.5 x 4.5 m DVT (approx.)
t
Figure 1 Proposed Driveway Widening
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 intent of the Low Rise Residential designation is to accommodate a range of low rise residential
uses including duplex dwellings. Official Plan Policy 4.C.1.8 specifies criteria that should be
considered where a minor variance is requested. Subsection to the requested
variance can function
appropriately and not create unacceptable adverse impacts for adjacent properties by providing both
an appropriate numbe
Zoning by-law regulations for matters such as lot and driveway width have been developed in order
to achieve a balance between provision of adequate parking on driveway, and appropriate
landscaped areas to permit plantings, and snow storage functions. As further discussed in the
following sections, staff is of the opinion that the proposed driveway widening will continue to allow
an appropriate front yard landscaped area, does not impact the function of the road right-of-way and
allows for an appropriate number of parking spaces both on and off-stie. Based on the foregoing,
staff is of the opinion that the general intent of the Official Plan is maintained.
General Intent of the Zoning By-law
The intent of limiting driveway width to 50% of the lot width is to ensure that streetscapes and front
yards are not dominated by driveways and hard surface areas, that adequate space remains for
landscaping both in front yards and in boulevards, that there is space for snow storage, that the
width the associated driveway aprons will allow for the provision of on-street parking spaces between
driveways, and that infrastructure can be accommodated in the right-of-way (transformers, hydrants,
light poles etc). Due to narrow lot widths in new subdivisions, the space with the right-of-way (and
on lots) can be very constrained, and it is increasingly difficult to provide all the required functions
and services within the right-of-way.
Planning, Engineering, Parks and Transportation staff have considered the proposed widening with
respect to impacts to on-street parking, infrastructure, and provision of street trees. As indicated in
the comments, the proposed widening will not impact the planned location of street trees, and there
continue to be sufficient legal on-street parking spaces in the neighbourhood, and does not conflict
with any infrastructure (the below grade transformer is sufficiently removed from the area of
widening). Staff is further of the opinion that as this is a conversion and minor expansion of an
existing walkway to driveway there will be limited impact to the amount of landscaping on the site.
Staff observe that the owner is proposing to relocate an existing Japanese Maple which is in the
proposed driveway widening area. The proposed location appears to be in the required 4.5 x 4.5
metre driveway visibility triangle (see Figure 1), which must be kept clear of obstructions higher than
0.9 metres. Should the variance be approved, the Japanese maple should be replanted outside of
the driveway visibility triangle rather than in the location indicated on the plan.
Zoning regulations also require that a driveway be constructed of a consistent material throughout.
Staff advise that should the variance be approved, the entire driveway (on private property) should
be constructed of a consistent material.
Are the Effects of the Variance Minor?
The proposed variance will permit the property owner to legally widen the driveway in order to
accommodate parking for residents of both dwelling units on private property and not relying on-
street parking. Planning staff observe that while the apron widening will displace the legal 8.5 metre
long on-street parking space (as per the On-Street Parking Policy) the space between 64 and 68
Hollybrook will continue to accommodate most vehicles. The widening does not impact the planned
location of street trees, allows space for snow storage, and does not conflict with infrastructure. The
widening is occurring where there is an existing walkway limiting the amount of new hard surface
area and visual impact to the streetscape. Staff is of the opinion that sufficient front yard landscaped
space remains to allow for streetscaping. Based on the foregoing, staff is of the opinion that the
effects of the variance are minor.
Is the Variance Desirable forThe Appropriate Development or Use of the Land, Building and/or
Structure?
-law permits conversion of existing dwellings to duplexes and requires that 2
parking spaces be provided. The applicant has indicated that the additional driveway width will be
used to accommodate vehicles of the owners and tenant, allowing them to legally park on the private
property rather than on the street. Staff note that on-street parking in new subdivisions is often
limited, and it can become problematic when residents consistently park vehicles on the street, using
parking which is intended for visitors.
opinion, in this instance it is desirable and appropriate to permit a wider driveway. There is no impact
to planned street trees, on-street parking spaces continues to be available, there are no impacts to
infrastructure, and a reasonable amount of landscaped and snow storage area are provided in the
front yard. Staff is of the opinion that the variance is desirable and appropriate for the development
or use of the land.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Transportation Planning Comments:
The proposed driveway widening would eliminate one (1) legal, on-street parking space from the
immediate vicinity. Given that there are a number of legal, on-street parking spaces still available
within a reasonable walking distance from this address, Transportation Services can support the
proposed driveway widening.
Engineering Division Comments:
Please be advised that the curb & gutter, driveway ramps, boulevards and asphalt of this road are
not yet assumed by the City. The Developer of the subdivision is still responsible for them. Any
alterations requested to these features needs to be coordinated with the Developer (for their
permission). Please copy Mr. Leslie Molina Leslie.molina@kitchener.ca on any correspondence in
this regard.
The owner must obtain a Residential Curb Cutting and Driveway Widening Permit from the City of
Kitchener.
Parks/Operations Division Comments:
Staff have reviewed the approved Street-tree Planting Plan and there are no street trees planned in
front of the subject property. Therefore, there are no conflicts with the approved Street-tree Planting
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:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-247
SUBJECT: Minor Variance Application A 2022-055 - 25 Hollinger Crescent
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2022-055 for 25 Hollinger Crescent, requesting relief from:
i. Section 24.3 of Zoning By-law 85-1 to permit a rear yard setback of 7.24 metres where
7.5 metres is required; and
ii. Section 24.3 of Zoning By-law 85-1 to permit an interior side yard setback of 1.03
metres where 1.2 metres is required;
to legalize an existing industrial building, in order to facilitate the expansion and repair of the
surface parking lot and driveway accesses in accordance with Site Plan Application
SP21/059/H/LT, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of minor variances to facilitate repair and
other work to a parking lot and driveway access on the subject property.
Relief is required to legalize an existing building with a rear yard of 7.24 metres and interior side
yard of 1.03 metres.
The key finding of this report is that the requested variances maintain the general intent and
purpose of the Official Plan and Zoning By-law, is considered minor in nature, and is desirable
for the appropriate development and use of the land.
There are no financial implications associated with this application.
*** 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 in the southwest corner of the Hollinger Crescent and Howard Place
intersection, within the Bridgeport East Planning Community. The property is developed with a 1-
storey industrial building and an associated surface parking lot. The surrounding properties are also
industrial, while further to the north and west there are low-density residential land uses.
The subject property is identified as Industrial Employment Area on Map 2 Urban Structure and
is designated Business Park Employment on Map 3
The property is zoned Zone (B-2-law 85-1. Special
Provision 30R is also applied to the lot and permits the minimum lot area to be 1990.0 square metres.
At present Zoning By-law 2019-051 does not apply.
The purpose of this application is to legalize an existing industrial building, in order to facilitate the
expansion and repair of the surface parking lot and driveway accesses as proposed by Site Plan
Application SP21/059/H/LT, which is currently under review.
City Planning staff conducted a site inspection of the property on April 25, 2022.
Figure 2: Side Elevation View From Hollinger Crescent of Existing Industrial Building
Figure 3: Rear Yard Setback
Figure 4: Interior Side Yard Setback
Figure 5: Proposed Site Plan
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
In the City Official Plan, the intent of the Business Park Employment designation is to identify and
provide for certain industrial uses which are planned as a unit and are in prestigious locations with
access to major transportation corridors, high visibility, or distinct identify. A range of industrial uses
is permitted by this designation, including warehousing, storage, distribution, and wholesaling.
Eldorado Plywood Specialities Incorporated operates on the subject property. The company is a
wholesale supplier of architectural plywood and other wood products.
Also, within this designation additional buffering including setbacks, landscape screening, and
berming is required when the industrial use is in proximity to existing or proposed residential uses.
There are no residential uses immediately adjacent to the subject property and as such no additional
buffering is required. This was confirmed through the Site Plan process, as a Stamp Plan B site plan
application has been submitted and is currently under review. The Site Plan process determined that
a landscape plan which would have addressed buffering requirements through landscape
screening was not required for a complete application.
In considering the above, staff is of the opinion that the proposed variances meet the general
purpose and intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the Zoning By-law requiring a 7.5 metre rear yard setback and 1.2 metre interior side
yard setback is to ensure that there is adequate separation between adjacent uses and structures.
Further, the 1.2 metres interior side yard setback is intended to ensure that adequate access to the
rear yard is provided. The requested variances will legalize an existing industrial building; as such
impacts or changes to the operation or use of adjacent properties are not anticipated. Further, with
the property being a corner lot and the present orientation and massing of the building, ample access
to the rear of the property is provided. Therefore, it is the opinion of staff that the proposed variances
meet the general intent and purpose of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variances can be considered minor in nature, being only a 0.26 metre difference from
what is required for rear yard setback and 0.17 metre difference from what is required for interior
side yard setback. The requested variances are intended to legalize an existing industrial building
on site; as such there are no anticipated resulting effects. The use of the land remains appropriate
and compatible with the existing use of the surrounding area.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances to reduce the required rear yard setback and interior side yard setback will
legalize an existing industrial building and facilitate the work to the surface parking lot and driveway
access proposed in a site plan. There is no change to the present use of the subject property, which
is appropriate and permitted. There are no anticipated negative impacts as a result of the requested
variances to either adjacent properties or the surrounding area.
Environmental Planning Comments:
There are no natural heritage or tree management policy issues.
Heritage Planning Comments:
There are no heritage concerns associated with this application.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comment.
Grand River Conservation Authority Comments:
GRCA has no objection to the approval of the application.
Region of Waterloo Comments:
There are no concerns with this 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 sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
nning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: May 5, 2022
REPORT NO.: DSD-2022-235
SUBJECT: Minor Variance Application A2022-056 - 286 Rivertrail Avenue
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-056 for 286 Rivertrail Avenue requesting relief
from Section 38.2.1 of Zoning By-law 85-1 to permit an interior side yard setback of
1.2 metres instead of the minimum required 1.5 metres for a dwelling having an
interior side yard setback of 0.1 metres on the other side with a building height not
exceeding 9 metres, to construct a single detached dwelling in accordance with
drawings prepared by J.D. Barnes Ltd., dated March 29, 2022, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-056 for 286 Rivertrail Avenue requesting relief
from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an interior side yard
setback of 0.1 metres instead of the minimum required 1.2 metres, to facilitate the
construction of a single detached dwelling, in accordance with drawings prepared by
J.D. Barnes Ltd., dated March 29, 2022, BE APPROVED subject to the following:
This minor variance shall become effective only at such time as Zoning By-law
2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O.
1990, c. P 13, as amended, at such time the variance shall be deemed to have come
into force as of the date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval.
The key finding of this report is that the requested minor variances meet the 4 tests of the
Planning Act
There are no financial implications.
Community engagement included circulation of the application via mail, notification by way of
the Record and signage placed on the property.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located at 286 Rivertrail Avenue in the Grand River South Neighbourhood.
It is presently an undeveloped lot within registered plan of subdivision 58M-605.
The subject property is identified Community Areas on Map 2 Urban Structure and is designated
Low Rise Residential on Map 3 Land .
The property is zoned Residential Four (R-4) with site specific regulation 597R in Zoning By-
law 85-1 and Low Rise Residential Four Zone (RES-4) By-law 2019-051, which is
currently under appeal.
The purpose of the application is to facilitate the construction of a single-detached dwelling on an
irregular shaped lot.
City Planning staff conducted a site inspection on April 26, 2022.
REPORT:
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 offer the following comments.
General Intent of the Official Plan
The subject property is designated Low Rise Residential in
low density forms of housing such as single-detached dwellings. The requested variances are
appropriate as it will facilitate the construction of a single detached dwelling on an irregular shaped lot
which will continue to maintain the low-density character of the property and surrounding
neighbourhood. The requested variance will not significantly impact the low-density residential
character of the neighbourhood; therefore it meets the general intent of the Official Plan.
General Intent of Zoning By-law
The requested variance to have a side yard setback of 1.25 metres rather than the required 1.5 metres
meets the general intent of the Zoning By-law. The intent of the 1.5 metre side yard setback is to allow
for sufficient separation from neighbouring properties, maintenance of side walls/eaves, and access to
the rear yard in cases where the other side yard has a setback between 0.0 to 0.2 metres, which is the
case for the proposed dwelling on the subject property.Staff notes that the standard side yard setback
is 1.2 metres, and the proposed 1.25 metre setback exceeds this. As such, it is the opinion of staff that
the 0.25 metre variance meets the general intent of the Zoning By-law.
Is the Effect of the Variance Minor?
Staff is of the opinion that requested variance is minor as the approval of a reduced side yard setback
will not cause any significant impacts to the subject property or surrounding neighbourhood. The
deficiency of 0.25 metres is not discernable and will not inhibit the functioning of the side yard.
Is the Variance Desirable for The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variance is appropriate for the development and use of the land, as the proposed single
detached dwelling is consistent with the low-density development of the neighbourhood. That due to
the irregular shaped lot, the deficiency in setback affects only a portion of the dwelling and as such, is
deemed desirable as the variance will facilitate the construction of a single detached dwelling.
Environmental Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the new
single detached dwelling is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comments
Parks/Operations Division Comments:
No comments.
GRCA
GRCA has no objections
Region of Waterloo
No concerns.
STRATEGIC PLAN ALIGNMENT
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
Zoning By-law 2019-051
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning), 519-741-2200
ext. 7844
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: May 10, 2022
REPORT NO.: DSD-2022-252
SUBJECT: Minor Variance Application A2022-057 - 60 Charles Street West
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2022-057 for 60 Charles Street West, requesting relief from
Section 14.3 of Zoning By-law 85-1 to allow all commercial units in the building to have a zero
(0) parking space requirement, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of Minor Variance Application A 2022-052
to recognize the existing parking provision and configuration on the subject property.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property and existing development were approved as part of Site Plan Application
SP17/016/G/JVW in May of 2017. At the time of approval, 2 parking spaces were dedicated for all
of the commercial units in the building.
The D-1 zone (Retail Core zone) does not require parking for uses such as commercial
entertainment, financial establishment, museum, personal services, restaurant and retail, if the
building existing prior to By-law 92-232. It was anticipated that permitted uses not subject to parking
requirements, would occupy the commercial units on the ground floor and that 2 parking spaces
would be sufficient.
The notice for this application stated that 2 parking spaces were required. To clarify, the two spaces
is for one of the units which is proposed to be occupied by an office, which triggered the need for
the minor variance application. However, the subject application is for all commercial units in the
building, which has a gross floor area of 577 square metres (as noted on the approved Site Plan).
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The parking requirement for other unitsin the building, if they are for a use that requires parking, will
be based on the use and the floor area. However, the other uses are not yet known. Therefore, the
total parking requirement will vary based on the specific use as uses come and go in the building.
This variance is to treat all uses in this D-1 zone the same and to not require any parking spaces
regardless of permitted D-1 commercial uses.
Planning Staff are of the opinion that adequate notice of the proposed minor variance and its purpose
was provided as the proposed unit requires 2 parking spaces and no additional parking for the
commercial units can be provided on the subject property.
Location Map 60 Charles Street West
The subject property is located at the corner of Charles Street West and Gaukel Street in the retail
core area (downtown).
The subject property is identified as Urban Growth Centre (Downtown) on Map 2 Urban Structure
and is designated City Centre District on Map 4 (Urban Growth Centre (Downtown) Land Use in
The entirety of the Urban Growth Centre (Downtown) is also located in
a Major Transit Station Area.
The property is zoned Zone (D-1) in Zoning By-law 85-1.
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
future population and employment growth. It is planned to be a vibrant focal point and destination and
provide public services, commercial, office, recreational, cultural and entertainment uses. The intent of
the bylaw is to encourage commercial uses in the building. It is acknowledged that public transportation
to the down area includes buses and light rail transit, biking lane, andeasy walkability, making it
accessible for all the permitted commercial uses in the D-1 zone.
General Intent of the Zoning By-law
The intent of the parking requirement in the D-1 zone for new buildings is to encourage parking but
it is also noted that the area is easily accessible by public transportation as well as easy walking
distance to many residential and work locations. Only new buildings (built since 1992) have this
parking for some uses and staff acknowledge that all buildings existing prior to 1992 do not require
parking spaces for any uses proposed. Staff are of the opinion that treating the subject site the same
as other previously occupied buildings downtown meets the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
As noted above, most buildings in the D-1 zone have existed prior to 1992 and do not require any
parking spaces for commercial uses. Treating the subject building with the same no parking requirement
should have no impact on the downtown. Staff are of the opinion that the variance is minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The parking variance is appropriate for all commercial uses in this centrally located building, which
is one block from City Hall. Currently, uses such as restaurant, personal service and retail do not
require parking. By permitting other uses, such as office and health office/clinic, which tend to attract
fewer clients/employees, the variance is appropriate for the development and the surrounding
downtown area.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
change of use to an office, or any other permitted commercial use, is obtained prior to construction.
Please contact the Building Division at building@kitchener.ca with any questions.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comments.
Parks/Operations Division Comments:
No comments.
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:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-214
SUBJECT: Consent Application B2022-031 - 35 Belmont Avenue West
RECOMMENDATION:
That Consent Application B2022-031 requesting consent to sever a parcel of land having a
lot width of 9.74 metres, a lot depth of 48.64 metres and a lot area of 404 square metres, BE
APPROVED subject to the following conditions:
1. fer documents and
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
2. That the property 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
3. That the property owner shall provide a digital file of the deposited reference
plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
4. That the property owner shall obtain Demolition Control Approval, in accordance with
-
Development Applications.
5. That the property owner shall obtain a Demolition Permit, for the existing single
detached dwelling proposed to be demolished, to the satisfaction of the Chief
Building Official, and removes the existing dwelling prior to deed endorsement.
6. That the property owner shall make financial arrangements to the City of Kitchener
for a cash-in-lieu contribution for park dedication equal to $4,480.40 of the value of
the lands to be severed.
*** 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 shall enter into an agreement with the City of Kitchener, to be
prepared by the City Solicitor, to the satisfaction of
Supervisor, Site Plans, and registered on title of the severed and retained lands,
which shall include the following:
a) That the Owner shall prepare a Tree Preservation and Enhancement Plan for the
severed and retained lands,
Policy, to the satisfaction of and approval by .
Such plans shall include, among other matters, the identification of a proposed
building envelope/work zone, a landscaped area and the vegetation to be
preserved. No changes to the said plan shall be granted except with the prior
Supervisor, Site Plans.
b) The Owner shall implement the Tree Preservation and Enhancement Plan, prior to
any tree removal, grading, servicing or the issuance of any demolition and/or
c) The owner shall maintain the severed and retained lands, in accordance with the
approved Tree Preservation and Enhancement Plan, for the life of the
development.
8. That the property owner shall fulfil one of the following three requirements to ensure
that any City-owned tree will not be impacted by the proposed development:
a) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title to the severed and retained lands, which shall
include the following:
i) That the property owner shall prepare a Tree Preservation and Enhancement
Tree Management Policy, demonstrating
protection and preservation of the City-owned tree that is located adjacent to
the severed and/or retained lands, to the satisfaction of and approval by the
, among other
matters, the identification of a proposed building envelope/work zone, a
landscaped area and the vegetation to be preserved. No changes to the said
and Cemeteries.
ii) That the property owner shall implement the Tree Protection and Enhancement
Plan, prior to any tree removal, grading, servicing or the issuance of any
Parks and Cemeteries.
iii) That the property owner shall maintain the severed and retained lands, in
accordance with the approved Tree Preservation and Enhancement Plan, for the
life of 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 property 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/or retained lands) with two (2) suitable trees, in accordance with
the City of Kitchener Development Manual Standards, to the satisfaction of
be granted
Cemeteries.
ii) That the property owner shall implement the approved Street Tree Planting
OR
c) Make arrangements regarding financial compensation for the tree to be removed,
9. That the property owner shall provide a servicing plan showing outlets to the
municipal servicing system to the satisfaction of the Director of Engineering
Services.
10. That the property owner shall submit a Development Asset Drawing (digital
AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and
asset information ering Services,
prior to deed endorsement.
11. That the property owner shall make financial arrangements for the installation of any
new service connections to the severed and/or retained lands to the satisfaction of
the City's Director of Engineering Services.
12. That the property owner shall ensure any new driveways are to be built to City of
13. That the property owner shall provide confirmation that the basement elevation can
Engineering Services. If this is not the case, then the property owner shall pump the
sewage via a pump and forcemain to the property line and have a gravity sewer from
Services.
14. That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
15. That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act,
2006.
16. That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered
on title for both the retained and severed lands that includes the requirement for
the following noise mitigation and warning clauses in all agreements of Offers of
Purchase and Sale, lease/rental agreements:
Dwelling on Severed Lot:
a) The dwelling unit must be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on the municipal street system may on occasions
interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of
ii. Type C - rs/tenants are advised that this dwelling has been
fitted with a forced air-ducted heating and ventilation system and has been
designed with the provision of adding central air conditioning at the
ning by the
occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Region of Waterloo and the
Ministry of the Environmen
Dwelling on Retained Lot:
a) The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i. Type B on of
noise attenuation control features in the development and within the
building units, sound levels due to increasing road traffic on the municipal
street system in the vicinity may on occasions interfere with some activities
of the dwelling occupants as the sound levels exceed the sound level limits
of the Region of Waterloo and the Ministry of the Environment, Conservation
REPORT HIGHLIGHTS:
The applicant is requesting consent to create one new lot and retain one lot to be used forsingle
detached dwellings. The lot to be severed is proposed to have a lot width of 9.7 metres, a lot depth
of 48.6 metres and a lot area of 404 square metres. The lands to be retained will have a lot width of
9.8 metres, a lot depth of 45.6 metres and a lot area of 444 square metres. The existing single
detached dwelling is proposed to be demolished and two new single detached dwellings are
proposed to be constructed on each of the proposed severed and retained lands.
Location Map: 35 Belmont Avenue West
Proposed lot fabrics
BACKGROUND:
The subject property is located near the intersection of Belmont Avenue West and Queen Street
South. The existing development of the neighbourhood consists of a majority of single detached
dwellings. Lot sizes vary in width, depth, and area in this neighborhood.
Community Area Urban Structure and is designated
Low Rise Residential
The property Residential Four Zone (R-4) with Special Use Provision 329U in Zoning By-
law 85-1. The property is zoned RES-4 in Zoning By-law 2019-
051, which is currently under appeal.
Existing Dwelling 35 Belmont Avenue West
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the 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
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.
represents intensi
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.
Community Area Urban Structure and is designated
Low Rise Residential
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:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h)
The proposed lot widths and lot areas of the proposed severed and retained lots exceed the
minimum R-4/RES-4 zone lot width and lot area requirements and minor variances are not required.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and
area. The lands front onto a public street and full services are available. There are no natural heritage
features that would be impacted by the proposed consent application. Planning staff is of the opinion
that the proposed severance conforms with the City of Kitchener Official Plan.
Zoning By-law 85-1/2019-051
The subject property is zoned as Residential Four Zone (R-4) with Special Use Provision 329U in
Zoning By-law 85-1. The property is zoned RES-4 in Zoning By-
law 2019-051. The proposed lot widths and lot areas of the proposed severed and retained lots
exceed the minimum R-4/RES-4 zone lot width and lot area requirements.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate.
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.
Environmental Planning Comments:
Trees are on and adjacent to the property, it is recommended that the standard condition be applied
to enter into an agreement on both the severed and retained lands to submit, obtain approval of, and
implement a Tree Preservation / Enhancement Plan prior to demo, grading, building permit etc.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the demolition of the
existing building, as well as construction of the new residential buildings.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new service connections that may be required to service this property, all
prior to severance approval. Our records indicate sanitary, storm and water municipal services
are currently available to service this property. Any further enquiries in this regard should be
directed to Jason Brule (jason.brule@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/Operations Division Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new development lot
will be created. The cash-in-lieu dedication required is $4,480.40. Park Dedication is calculated at
5% of the new development lots only, with a land valuation calculated by the lineal frontage of 9.74m
at a land value of $9,200 per frontage meter.
A City-owned tree (tree ID # 143032) 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
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 the
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 Development
Manual Standards, to the satisfaction of t
Director Parks & Cemeteries.
b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction
s Director Parks & Cemeteries.
OR
3. Make arrangements regarding financial compensation for the tree to be removed, to the
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Bell Canada Comments:
Planning staff received comments from Bell Canada in regards to the proposed severance. Bell has
requested easements in favour of their utilities in the area. Staff are of the opinion that the requests
made are outside of the scope of the application and will not be included as a condition in the
recommendation section.
Region of Waterloo Comments:
The owner/applicant is proposing to create a new lot with a frontage of 9.74 metres and a lot area
of 404 square metres.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source Protection
Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act,
2006 a Notice of Source Protection Plan Compliance is required as part of a complete application
submission.
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant
must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities
prescribed under the Clean Water Act related to the application. A Notice will only be considered
valid if the following criteria are met;
Ώ Applicant has signed the Notice;
Ώ Address and application type on the Notice match the rest of the application; and
Ώ All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted and may result in delayed approvals.
Environmental Noise:
Regional Staff note that the subject lands abut Belmont Avenue West and are in close proximity to
Queens Boulevard and the existing and proposed dwellings will have impacts from transportation
noise sources in the vicinity. It is the responsibility of the applicant to ensure the proposed
development is not adversely affected by anticipated transportation (traffic) noise impacts. Regional
Official Plan (ROP) Policy 2.G.13 indicates that a noise study may be required for a development
application for a sensitive land use submitted in the vicinity of an Existing or Planned Regional Road,
Provincial Highway, the rapid transit system, transit terminals, railways or Area Municipal roads. In
order for this consent application to conform to ROP policy 2.G.13, land use compatibility must be
addressed.
In lieu of requiring a transportation noise study, given the primary noise source is traffic from Area
Municipal roads, Regional staff require that the owner/applicant of the units on all (retained and
severed) lots will be required to enter into a registered agreement with the City of Kitchener to include
the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental
agreements:
Dwelling on Severed Lot:
a) The dwelling unit must be installed with an air-ducted heating and ventilation system suitably
sized and designed with the provision of adding central air conditioning.
b) The following noise warning clauses will be included in all offers of purchase and sale, deeds
and lease/rental agreements:
i. Type A
traffic on the municipal street system may on occasions interfere with some activities of
the dwelling occupants as the sound levels exceed the sound level limits of the Region
ii. Type C -
forced air-ducted heating and ventilation system and has been designed with the
central air conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo and the Ministry
o
Dwelling on Retained Lot:
a) The following noise warning clauses will be included in all offers of purchase and sale, deeds
and lease/rental agreements:
i. Type B
attenuation control features in the development and within the building units, sound
levels due to increasing road traffic on the municipal street system in the vicinity may on
occasions interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Municipal Water Services (Advisory Comments):
Regional Water Services staff have no concern with the application but wish to advise the following
comments:
The Regional 450 mm diameter water main located on this section of Belmont Avenue has a unique
history. There are many legacy service connections located on this Regional water main from South
Drive to Highland Road. Typically, the Region would not allow new service connections onto a
Regional water main.
The intent in the future is to make municipal water service connections compliant with Regional
policy. This Regional water main has met its life expectancy target (70 years) based on the material
and diameter type and date of installation (1950). As Belmont Avenue West is a City road, Regional
Water Services staff would contact the City to determine the best time to replace this water main
with their assessment of the road and other infrastructure considerations. With this history and
considerations in mind, Regional Water Services staff would not object to the addition of a new
connection to the Regional water main, in this particular case.
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 Notice of Source
Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006.
3) That prior to final approval, an agreement between the owner/applicant and the City of
Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both
the retained and severed lands that includes the requirement for the following noise
mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental
agreements:
Dwelling on Severed Lot:
a)The dwelling unit must be installed with an air-ducted heating and ventilation system
suitably sized and designed with the provision of adding central air conditioning.
b) The following noise warning clauses will be included in all offers of purchase and sale,
deeds and lease/rental agreements:
i. Type A
road traffic on the municipal street system may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound level limits
of the Region of Waterloo and the Ministry of the Environment, Conservation and
ii. Type C -
a forced air-ducted heating and ventilation system and has been designed with the
provis
of central air conditioning by the occupant in low and medium density developments
will allow windows and exterior doors to remain closed, thereby ensuring that the
indoor sound levels are within the sound level limits of the Region of Waterloo and
Dwelling on Retained Lot:
b) The following noise warning clauses will be included in all offers of purchase and sale,
deeds and lease/rental agreements:
j. Type B
attenuation control features in the development and within the building units, sound
levels due to increasing road traffic on the municipal street system in the vicinity may
on occasions interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Region of Waterloo and the Ministry of
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:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
.
Peter Ellis
519-503-2536
D20-20/22 KIT
May 2, 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 B2022-031, B2022-032, and
B2022-033
Committee of Adjustment Hearing May 17, 2022
CITY OF KITCHENER
B2022-031
35 Belmont Avenue West
Azza Ali Madani & Humam Taha El-Mugammer (Owners) / Adrian Rosu (Applicant)
The owner/applicant is proposing to create a new lot with a frontage of 9.74 metres and
a lot area of 404 square metres.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source
Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of
the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the
owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/
listing all applicable activities prescribed under the Clean Water Act related to the
application. A Notice will only be considered valid if the following criteria are met;
Document Number: 4022907
Ώ Applicant has signed the Notice;
Ώ Address and application type on the Notice match the rest of the application; and
Ώ All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
Environmental Noise:
Regional Staff note that the subject lands abut Belmont Avenue West and are in close
proximity to Queens Boulevard and the existing and proposed dwellings will have
impacts from transportation noise sources in the vicinity. It is the responsibility of the
applicant to ensure the proposed development is not adversely affected by anticipated
transportation (traffic) noise impacts. Regional Official Plan (ROP) Policy 2.G.13
indicates that a noise study may be required for a development application for a
sensitive land use submitted in the vicinity of an Existing or Planned Regional Road,
Provincial Highway, the rapid transit system, transit terminals, railways or Area
Municipal roads. In order for this consent application to conform to ROP policy 2.G.13,
land use compatibility must be addressed.
In lieu of requiring a transportation noise study, given the primary noise source is traffic
from Area Municipal roads, Regional staff require that the owner/applicant of the units
on all (retained and severed) lots will be required to enter into a registered agreement
with the City of Kitchener to include the following noise mitigation and warning clauses
in all Offers of Purchase and Sale, lease/rental agreements:
Dwelling on Severed Lot:
a) The dwelling unit must be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on the municipal street system may on occasions
interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of
ii. Type C -
fitted with a forced air-ducted heating and ventilation system and has been
designed with the provision of adding central air conditioning at the
low and medium density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
Document Number: 4022907
Dwelling on Retained Lot:
a) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type B
noise attenuation control features in the development and within the building
units, sound levels due to increasing road traffic on the municipal street
system in the vicinity may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment, Conservation and
Municipal Water Services (Advisory Comments):
Regional Water Services staff have no concern with the application but wish to advise
the following comments:
The Regional 450 mm diameter water main located on this section of Belmont Avenue
has a unique history. There are many legacy service connections located on this
Regional water main from South Drive to Highland Road. Typically, the Region would
not allow new service connections onto a Regional water main.
The intent in the future is to make municipal water service connections compliant with
Regional policy. This Regional water main has met its life expectancy target (70 years)
based on the material and diameter type and date of installation (1950). As Belmont
Avenue West is a City road, Regional Water Services staff would contact the City to
determine the best time to replace this water main with their assessment of the road
and other infrastructure considerations. With this history and considerations in mind,
Regional Water Services staff would not object to the addition of a new connection to
the Regional water main, in this particular case.
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 Notice of
Source Protection Plan Compliance (section 59 notice) as per the Clean Water
Act, 2006.
3) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
Document Number: 4022907
requirement for the following noise mitigation and warning clauses in all
agreements of Offers of Purchase and Sale, lease/rental agreements:
Dwelling on Severed Lot:
a) The dwelling unit must be installed with an air-ducted heating and
ventilation system suitably sized and designed with the provision of adding
central air conditioning.
b) The following noise warning clauses will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on the municipal street system may on occasions
interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Region of Waterloo and the
ii. Type C -
fitted with a forced air-ducted heating and ventilation system and has
been designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows
and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo
Dwelling on Retained Lot:
a) The following noise warning clauses will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
i. Type B
of noise attenuation control features in the development and within the
building units, sound levels due to increasing road traffic on the municipal
street system in the vicinity may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the
___________________
Document Number: 4022907
B2022-032
67-69 Ahrens Street West
Jason Campbell & Tanya Yong Ping (Owners) / Mackenzie Streutker (Van Harten
Surveying Applicant)
The owner/applicant is proposing to sever the existing heritage semi-detached home
down the middle of the party wall, so that each dwelling unit can be sold independently.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
B2022-033
243 Connaught Street
Arvind Singh (Owners) / Khaled M. Berbash (Can-Connect Developments Inc
Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new single detached dwelling on the lands to be severed. The existing single detached
dwelling on the retained lands is to remain.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source
Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of
the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
Document Number: 4022907
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the
owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/
listing all applicable activities prescribed under the Clean Water Act related to the
application. A Notice will only be considered valid if the following criteria are met;
Ώ Applicant has signed the Notice;
Ώ Address and application type on the Notice match the rest of the application; and
Ώ All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
Airport Zoning (Advisory Comments):
The applicant is advised that the subject lands are located within an 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.
2) That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as per the Clean Water
Act, 2006.
_______________________
Document Number: 4022907
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: 4022907
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-244
SUBJECT: Consent Application B2022-032 - 67-69 Ahrens Street West
RECOMMENDATION:
That Consent Application B2022-032 requesting consent to sever a parcel of land having a
lot width of 7.56 metres, a lot depth of 21.1 metres and a lot area of 161 square metres, BE
APPROVED subject to the following conditions:
1. fer documents and
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
2. That the property 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
3. That the property owner shall provide a digital file of the deposited reference
plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
4. That the property owner shall, prior to final approval, submit the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to provide recommendations for the approval of the request to
sever the existing semi-detached dwelling on Ahrens Street West so that each half of the semi-
detached dwelling may be dealt with independently.
There are no financial implications
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is locatedon the southwesterly side of Ahrens Street located south of Hibner
Park across from Maynard Avenue and Young Street.
Figure 1: Location map: 67-69 Ahrens St W
The subject property is identified as on Map 2 Urban Structure in the
2014 Official Plan Low Rise Residential Preservationin the Civic Centre
Secondary Plan in the 1994 Official Plan.
Residential Five Zone Provision 127U (R-5, 127U)-law 85-1.
The applicant is requesting consent so that each half of the existing semi-detached dwelling may be
able to be conveyed and dealt with independently.
The severed land will have a width of 7.56 metres, a depth of 21.1 metres and an area of 161 square
metres. The retained land will have a width of 7.79 metres, a depth of 21.1 metres and an area of
162 square metres.
th
City staff conducted a site inspection of the property on April 28, 2022
Figure 2: Front view of 67-69 Ahrens St W Figure 3: Severance sketch of two lots
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the consent to allow both halves of the existing semi-detached
dwelling to be dealt with independently is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity tohigh ordertransit and
the subject lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The consent application to
allow both existing semi-detached dwellings to be dealt with independently is consistent with 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.
Major Transit Station Area Urban Structure and is
Low Rise Residential Preservation 1994 Official Plan for lands in the
Secondary Plan. The Low Rise Residential Preservation designation aims to preserve the existing
dwelling and streetscapes of the existing neighbourhood.
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:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h)
The existing use of the lands for a semi-detached dwelling of the proposed severed and retained
lots is considered legal non-conforming with respect to R- zone. The lots would comply
with the minimum lot width requirement, however, would be deficient with respect to the minimum
lot area requirement of 235 square metres being only 161 and 162 square metres in area
respectively. 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 mostly single detached dwellings that vary in width, depth, and area. The lands front
onto a public street and full services are available.
Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener
Official Plan.
Zoning By-law 85-1
The subject property is zoned as (R- Provision 127U in
Zoning By-law 85--mits a range of low-density dwelling types such as a semi-
detached dwelling however the Special Use Provision 127U applied to the property does not permit
semi-detached dwellings-
lot area of 235 square metres for semi-detached dwellings. The proposed severed and retained
parcels would comply with the minimum lot width requirement, however, would be deficient with
respect to the minimum lot area requirement of 235 square metres being only 161 and 162 square
metres in area respectively. That being said, the use of the property is legal non-conforming and
minor variances are not required to recognize the deficient lot area of both parcels.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
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.
Environmental Planning Comments:
No natural heritage or Tree Management Policy concerns.
Heritage Planning Comments:
There are no heritage concerns associated with this application. The property municipally addressed
as 67-69 Ahrens Street West is within the Civic Centre Neighbourhood Heritage Conservation
District and is designated under Part V and Part IV of the Ontario Heritage Act. In the Civic Centre
Neighbourhood HCD Plan severances which create new lots are discouraged unless the resulting
properties are of similar size and depth to existing adjacent lots. The proposed resulting lots will be
of a similar size to one another as well as of a similar size to 71 Ahrens Street, which is the lot
adjacent to the northwest. Further, there are no proposed external changes associated with this
application. If either owner requests external physical changes in the future, a Heritage Permit
Application will be required. It should be noted that the property existed as two separate lots in the
past but has been sold as one lot since 1940 and been under single ownership since 1926.
The subject property is also within the Civic Centre Neighbourhood CHL. 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 City
has undertaken additional work on examining the CHL significance of the CHL area through its work
on drafting a new Secondary Plan for the Civic Centre area. For more information on the outcome
of this CHL analysis and the specific recommendations which may impact properties located within
the Civic Centre Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
Our system shows that individual servicing already exists to the two homes. Engineering has no
further comment.
Parks/Operations Division Comments:
The severance is to allow both semi-detached dwellings to be dealt independently. No new
construction will be conducted and no concerns with the trees.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region Comments:
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
The Region has no objection to the proposed application, subject to the following conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent review fee of
$350.00.
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 with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the Cit
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 85-1
Peter Ellis
519-503-2536
D20-20/22 KIT
May 2, 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 B2022-031, B2022-032, and
B2022-033
Committee of Adjustment Hearing May 17, 2022
CITY OF KITCHENER
B2022-031
35 Belmont Avenue West
Azza Ali Madani & Humam Taha El-Mugammer (Owners) / Adrian Rosu (Applicant)
The owner/applicant is proposing to create a new lot with a frontage of 9.74 metres and
a lot area of 404 square metres.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source
Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of
the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the
owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/
listing all applicable activities prescribed under the Clean Water Act related to the
application. A Notice will only be considered valid if the following criteria are met;
Document Number: 4022907
Ώ Applicant has signed the Notice;
Ώ Address and application type on the Notice match the rest of the application; and
Ώ All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
Environmental Noise:
Regional Staff note that the subject lands abut Belmont Avenue West and are in close
proximity to Queens Boulevard and the existing and proposed dwellings will have
impacts from transportation noise sources in the vicinity. It is the responsibility of the
applicant to ensure the proposed development is not adversely affected by anticipated
transportation (traffic) noise impacts. Regional Official Plan (ROP) Policy 2.G.13
indicates that a noise study may be required for a development application for a
sensitive land use submitted in the vicinity of an Existing or Planned Regional Road,
Provincial Highway, the rapid transit system, transit terminals, railways or Area
Municipal roads. In order for this consent application to conform to ROP policy 2.G.13,
land use compatibility must be addressed.
In lieu of requiring a transportation noise study, given the primary noise source is traffic
from Area Municipal roads, Regional staff require that the owner/applicant of the units
on all (retained and severed) lots will be required to enter into a registered agreement
with the City of Kitchener to include the following noise mitigation and warning clauses
in all Offers of Purchase and Sale, lease/rental agreements:
Dwelling on Severed Lot:
a) The dwelling unit must be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on the municipal street system may on occasions
interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of
ii. Type C -
fitted with a forced air-ducted heating and ventilation system and has been
designed with the provision of adding central air conditioning at the
low and medium density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
Document Number: 4022907
Dwelling on Retained Lot:
a) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type B
noise attenuation control features in the development and within the building
units, sound levels due to increasing road traffic on the municipal street
system in the vicinity may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment, Conservation and
Municipal Water Services (Advisory Comments):
Regional Water Services staff have no concern with the application but wish to advise
the following comments:
The Regional 450 mm diameter water main located on this section of Belmont Avenue
has a unique history. There are many legacy service connections located on this
Regional water main from South Drive to Highland Road. Typically, the Region would
not allow new service connections onto a Regional water main.
The intent in the future is to make municipal water service connections compliant with
Regional policy. This Regional water main has met its life expectancy target (70 years)
based on the material and diameter type and date of installation (1950). As Belmont
Avenue West is a City road, Regional Water Services staff would contact the City to
determine the best time to replace this water main with their assessment of the road
and other infrastructure considerations. With this history and considerations in mind,
Regional Water Services staff would not object to the addition of a new connection to
the Regional water main, in this particular case.
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 Notice of
Source Protection Plan Compliance (section 59 notice) as per the Clean Water
Act, 2006.
3) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
Document Number: 4022907
requirement for the following noise mitigation and warning clauses in all
agreements of Offers of Purchase and Sale, lease/rental agreements:
Dwelling on Severed Lot:
a) The dwelling unit must be installed with an air-ducted heating and
ventilation system suitably sized and designed with the provision of adding
central air conditioning.
b) The following noise warning clauses will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on the municipal street system may on occasions
interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Region of Waterloo and the
ii. Type C -
fitted with a forced air-ducted heating and ventilation system and has
been designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows
and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo
Dwelling on Retained Lot:
a) The following noise warning clauses will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
i. Type B
of noise attenuation control features in the development and within the
building units, sound levels due to increasing road traffic on the municipal
street system in the vicinity may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the
___________________
Document Number: 4022907
B2022-032
67-69 Ahrens Street West
Jason Campbell & Tanya Yong Ping (Owners) / Mackenzie Streutker (Van Harten
Surveying Applicant)
The owner/applicant is proposing to sever the existing heritage semi-detached home
down the middle of the party wall, so that each dwelling unit can be sold independently.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
B2022-033
243 Connaught Street
Arvind Singh (Owners) / Khaled M. Berbash (Can-Connect Developments Inc
Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new single detached dwelling on the lands to be severed. The existing single detached
dwelling on the retained lands is to remain.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source
Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of
the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
Document Number: 4022907
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the
owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/
listing all applicable activities prescribed under the Clean Water Act related to the
application. A Notice will only be considered valid if the following criteria are met;
Ώ Applicant has signed the Notice;
Ώ Address and application type on the Notice match the rest of the application; and
Ώ All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
Airport Zoning (Advisory Comments):
The applicant is advised that the subject lands are located within an 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.
2) That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as per the Clean Water
Act, 2006.
_______________________
Document Number: 4022907
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: 4022907
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 17, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: May 6, 2022
REPORT NO.: DSD-2022-245
SUBJECT: Minor Variance Applications A2022-058 and A2022-059
Consent Application B2022-033
243 Connaught Street
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-058 for the retained lot proposed through
Consent Application B2022-033, requesting a reduction of the minimum required lot
width for a corner lot from 15.0 metres to 14.87 metres and a reduction of the minimum
required side yard setback from 1.2 metres to 0.9 metres, BE REFUSED.
B. That Minor Variance Application A2022-059 for the severed lot proposed through
Consent Application B2022-033, requesting a reduction of the minimum required lot
area from 235 square metres to 214.42 square metres and a reduction of the minimum
required rear yard setback from 7.5 metres to 6.5 metres, BE REFUSED.
Zoning By-law 2019-051
C. That Minor Variance Application A2022-058, for the retained lot proposed through
Consent Application B2022-033 requesting a reduction of the minimum required side
yard setback from 1.2 metres to 0.9 metres BE REFUSED.
D. That Minor Variance Application A2022-059, for the severed lot proposed through
Consent Application B2022-033, requesting a reduction of the minimum required lot
area from 235 square metres to 214.42 square metres and a reduction of the minimum
required rear yard setback from 7.5 metres to 6.5 metres, BE REFUSED.
Consent Application B2022-033
E. That Consent Application B2022-033, requesting consent to create a new lot for a
duplex dwelling having a lot width of 9.0 metres, a lot depth of 23.81 metres, and a lot
area of 214.42 square metres, BE REFUSED;
*** 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 applicant is requesting consent to sever an existing 23.87-metre-wide corner lot into two lots to
allow for a future duplex dwelling on a 9.0 metre wide interior lot (severed lands) and the retention
of the existing single detached dwelling on a 14.87 metre wide corner lot (retained lands).
The retained lot width does not meet the minimum lot width requirement and the applicant is
requesting relief from Section 38.2.1 of Zoning By-law 85-1 to allow a single detached dwelling to
have a corner lot width of 14.87 m rather than the required 15.0 metre lot width, and a side yard
setback of 0.9 metres rather than the required 1.2 metres.
Furthermore, the severed lot does not meet the minimum lot area, and rear yard setback
requirements for a duplex dwelling and the applicant is requesting relief from Section 38.2.2 of
Zoning By-law 85-1 to allow a duplex dwelling to have a lot area of 214.42 square metres rather than
required 235 square metre lot area, and a rear yard setback of 6.5 metres rather than the required
7.5 metres.
All requested variances are the same for Section 7.3 of Zoning By-law 2019-051, except for the
variance for the corner lot width of the retained lot, which will meet the minimum corner lot width
requirement of 12.8 metres in the RES-4 zone.
Subject Property 243 Connaught Street
BACKGROUND:
The subject property is located at the intersection of Fourth Avenue and Connaught Street. The
property is generally square in shape, with the front property line being along Connaught Street. The
site is currently occupied by a single detached dwelling and is surrounding by existing low-rise
residential uses including single detached dwellings, semi-detached dwellings, and multiple dwelling
buildings.
Community AreaUrban Structure and is designated
Low Rise Residential
Residential Four Zone (R-4-law 85-1 and
Four Zone (RES-4 in Zoning By-law 2019-051, which is currently under appeal.
REPORT:
Planning Comments Minor Variance Applications A2022-058 and A2022-059:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
Staff is of the opinion that the requested variances do not meet the intent of the Official Plan.
Section 4.C.1.8. of the 2014 Official Plan states:
be reviewed, but not limited to the following to ensure, that:
a) Any new buildings and any additions and/or modifications to existing buildings are
appropriate in massing and scale and are compatible with the built form and the
community character of the established neighbourhood.
b) ...
c) ...
d) terior areas of adjacent properties and that
the appropriate screening and/or buffering is provided to mitigate any adverse
impacts, particularly with respect to privacy.
e)
f) The impact of each special zoning regulation or variance will be reviewed prior to
formulating a recommendation to ensure that a deficiency in the one zoning
requirement does not compromise the site in achieving objectives of compatible and
appropriate site and neighbourhood design and does not create further zoning
deficiencies.
Furthermore, Section 4.C.1.9. of the 2014 Official Plan states:
Residential intensification and/or redevelopment within existing neighbourhoods will be
designed to respect existing character. A high degree of sensitivity to surrounding context
is important in considering compatibility.
Planning staff is of the opinion that the proposed variances will facilitate the creation of two lots and
construction of a duplex dwelling, and single-detached dwelling that:
Is not compatible with the built form and land use pattern of the established neighbourhood;
Lot areas, lot widths and built forms that are not similar to the adjacent property and will not
maintain the character of the streetscape and the neighbourhood;
Is not sensitive to the exterior areas of adjacent properties; and
Does not provide sensitivity to the surrounding context.
General Intent of the Zoning By-law
The requested variances to allow for reduced lot area for a duplex dwelling of 214.42 square metres
rather than 235 square metres does not meet the general intent of the Zoning By-law. The purpose of
minimum lot area requirement is to ensure lot areas are of adequate size to support an appropriate
scaled building envelope, parking and landscaping. Staff is of the opinion that a 214.42 square metre
lot for a duplex dwelling will be not provide for appropriate size building lots nor would the variances
result in appropriately scaled dwellings. Staff are of the opinion that the requested variances do not
provide for adequate lot area and do not meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variances are not considered minor. The variances will create a severed lot that is undersized
and will not be able to function appropriately.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variances are not desirable for the appropriate development of the land. Instead, the variances
will create unacceptably adverse impacts on adjacent properties. The proposed lot area for the
retained lot is not appropriate for the context of the existing neighbourhood, and for the proposed
duplex dwelling.
Planning Comments Consent Application B2022-033:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
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 not facilitate a form of gentle
intensification, as the new lot for a future duplex dwelling will not be of a suitable size to function
appropriately and support a healthy, liveable and sustainable neighbourhood. The resultant lots are
not compatible with the land use pattern in the surrounding community and the severance will not
support a successful integration of new housing into the neighbourhood. Planning staff is of the
opinion that this proposal is not consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation.
redevelopment opportunity and is not an efficient use of land in this location. Accordingly, it does not
support the development of a complete and compact community, healthy and active living, in the
most desirable and appropriate way. As there are better and more appropriate ways to intensify the
residential use of the property, staff is of the opinion that a consent to create this type of residential
development does not meet the intent of the Growth Plan.
City Official Plan (2014)
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 not satisfied that the creation of the severed lots are desirable and
appropriate.
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan,
and that the lots are in conformity with the Zoning By-law, or a minor variance has been
granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development pattern of
surrounding lands by taking into consideration lot frontages, areas, and configurations;
c)
In this case, staff recommends that the Committee not grant the requested minor variances
necessary to facilitate the subject consent applications to create two new lots for the reasons noted
above. Furthermore, staff is of the opinion that the proposed lots do not reflect the general scale
and character of the established development pattern of surrounding lands since they do not
consider appropriate lot configurations. Moreover, the applications do not meet the criteria for plan
of subdivision outlined in Section 51 (24) off the Planning Act, especially with respect to:
(c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
and
(f) the dimensions and shapes of the proposed lots.
Staff are of the opinion that the consent application cannot be supported because the requested
minor variances do not meet the four tests. A revised proposal for a semi-detached dwelling, semi-
detached duplex dwelling or a detached additional dwelling unit would be a more appropriate means
of intensification for the current lot, and staff would be open to supporting such a proposal.
Should the Committee wish to approve the subject applications, conditions should be imposed to
require elevation drawings, and landscape plans to minimize the negative impact on the residential
neighbourhood, in accordance with Section 4.C.1.7 of the 2014 Official Plan for the severed and
retained lands, in addition to the standard consent conditions and those conditions outlined in the
below department / agency comments.
Environmental Planning Comments:
Trees are on and adjacent to the property it is recommended that the standard condition be applied
to enter into an agreement on both the severed and retained lands to submit, obtain approval of and
implement a Tree Preservation / Enhancement Plan prior to demo, grading, building permit etc.
Heritage Planning Comments:
Heritage Planning has no concerns.
Building Division Comments:
The Building Division has no objections to the proposed applications provided:
1) A qualified designer is retained to complete a building code assessment as it relates to the new
proposed property line and any of the building adjacent to this new property line shall addresses
such items as:
Building Official. Closing in of openings may be required, pending spatial separation calculation
results.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the
building code assessment.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new service connections that may be required to service this property, all
prior to severance approval. Our records indicate municipal services are currently available to
service this property. Any further enquiries in this regard should be directed to Jason Brule
(jason.brule@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/Operations Division Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new development lot
will be created. The cash-in-lieu dedication required is $4140.00. Park Dedication is calculated at
5% of the new development lots only, with a land valuation calculated by the lineal frontage of 9.00m
at a land value of $9,200 per frontage meter.
Region of Waterloo Comments:
The owner/applicant is proposing to sever the existing lot into two parcels to construct a new single
detached dwelling on the lands to be severed. The existing single detached dwelling on the retained
lands is to remain.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source Protection
Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act,
2006 a Notice of Source Protection Plan Compliance is required as part of a complete application
submission.
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant
must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities
prescribed under the Clean Water Act related to the application. A Notice will only be considered
valid if the following criteria are met;
Ώ Applicant has signed the Notice;
Ώ Address and application type on the Notice match the rest of the application; and
Ώ All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted and may result in delayed approvals.
Airport Zoning (Advisory Comments):
The applicant is advised that the subject lands are located within an 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.
2) That prior to final approval, the owner/applicant must submit a valid Notice of Source
Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This report has been posted
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 85-1 or 2019-051
Proposed Lot Fabrics
Proposed elevations for new duplex dwelling
Peter Ellis
519-503-2536
D20-20/22 KIT
May 2, 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 B2022-031, B2022-032, and
B2022-033
Committee of Adjustment Hearing May 17, 2022
CITY OF KITCHENER
B2022-031
35 Belmont Avenue West
Azza Ali Madani & Humam Taha El-Mugammer (Owners) / Adrian Rosu (Applicant)
The owner/applicant is proposing to create a new lot with a frontage of 9.74 metres and
a lot area of 404 square metres.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source
Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of
the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the
owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/
listing all applicable activities prescribed under the Clean Water Act related to the
application. A Notice will only be considered valid if the following criteria are met;
Document Number: 4022907
Ώ Applicant has signed the Notice;
Ώ Address and application type on the Notice match the rest of the application; and
Ώ All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
Environmental Noise:
Regional Staff note that the subject lands abut Belmont Avenue West and are in close
proximity to Queens Boulevard and the existing and proposed dwellings will have
impacts from transportation noise sources in the vicinity. It is the responsibility of the
applicant to ensure the proposed development is not adversely affected by anticipated
transportation (traffic) noise impacts. Regional Official Plan (ROP) Policy 2.G.13
indicates that a noise study may be required for a development application for a
sensitive land use submitted in the vicinity of an Existing or Planned Regional Road,
Provincial Highway, the rapid transit system, transit terminals, railways or Area
Municipal roads. In order for this consent application to conform to ROP policy 2.G.13,
land use compatibility must be addressed.
In lieu of requiring a transportation noise study, given the primary noise source is traffic
from Area Municipal roads, Regional staff require that the owner/applicant of the units
on all (retained and severed) lots will be required to enter into a registered agreement
with the City of Kitchener to include the following noise mitigation and warning clauses
in all Offers of Purchase and Sale, lease/rental agreements:
Dwelling on Severed Lot:
a) The dwelling unit must be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on the municipal street system may on occasions
interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of
ii. Type C -
fitted with a forced air-ducted heating and ventilation system and has been
designed with the provision of adding central air conditioning at the
low and medium density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
Document Number: 4022907
Dwelling on Retained Lot:
a) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type B
noise attenuation control features in the development and within the building
units, sound levels due to increasing road traffic on the municipal street
system in the vicinity may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment, Conservation and
Municipal Water Services (Advisory Comments):
Regional Water Services staff have no concern with the application but wish to advise
the following comments:
The Regional 450 mm diameter water main located on this section of Belmont Avenue
has a unique history. There are many legacy service connections located on this
Regional water main from South Drive to Highland Road. Typically, the Region would
not allow new service connections onto a Regional water main.
The intent in the future is to make municipal water service connections compliant with
Regional policy. This Regional water main has met its life expectancy target (70 years)
based on the material and diameter type and date of installation (1950). As Belmont
Avenue West is a City road, Regional Water Services staff would contact the City to
determine the best time to replace this water main with their assessment of the road
and other infrastructure considerations. With this history and considerations in mind,
Regional Water Services staff would not object to the addition of a new connection to
the Regional water main, in this particular case.
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 Notice of
Source Protection Plan Compliance (section 59 notice) as per the Clean Water
Act, 2006.
3) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
Document Number: 4022907
requirement for the following noise mitigation and warning clauses in all
agreements of Offers of Purchase and Sale, lease/rental agreements:
Dwelling on Severed Lot:
a) The dwelling unit must be installed with an air-ducted heating and
ventilation system suitably sized and designed with the provision of adding
central air conditioning.
b) The following noise warning clauses will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on the municipal street system may on occasions
interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Region of Waterloo and the
ii. Type C -
fitted with a forced air-ducted heating and ventilation system and has
been designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows
and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo
Dwelling on Retained Lot:
a) The following noise warning clauses will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
i. Type B
of noise attenuation control features in the development and within the
building units, sound levels due to increasing road traffic on the municipal
street system in the vicinity may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the
___________________
Document Number: 4022907
B2022-032
67-69 Ahrens Street West
Jason Campbell & Tanya Yong Ping (Owners) / Mackenzie Streutker (Van Harten
Surveying Applicant)
The owner/applicant is proposing to sever the existing heritage semi-detached home
down the middle of the party wall, so that each dwelling unit can be sold independently.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
B2022-033
243 Connaught Street
Arvind Singh (Owners) / Khaled M. Berbash (Can-Connect Developments Inc
Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new single detached dwelling on the lands to be severed. The existing single detached
dwelling on the retained lands is to remain.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source
Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of
the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
Document Number: 4022907
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the
owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/
listing all applicable activities prescribed under the Clean Water Act related to the
application. A Notice will only be considered valid if the following criteria are met;
Ώ Applicant has signed the Notice;
Ώ Address and application type on the Notice match the rest of the application; and
Ώ All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
Airport Zoning (Advisory Comments):
The applicant is advised that the subject lands are located within an 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.
2) That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as per the Clean Water
Act, 2006.
_______________________
Document Number: 4022907
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: 4022907
April 29, 2022 via email
GRCA File: May 17, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – May 17, 2022
Applications for Minor Variance
A 2022-040 102 Waterloo Street (Retained)
A 2022-041 102 Waterloo Street (Severed)
A 2022-042 16 Brentwood Avenue
A 2022-043 144 Samuel Street
A 2022-044 222 Pandora Crescent
A 2022-045 11 Stirling Avenue North
A 2022-046 118 Weber Street East
A 2022-047 291 Zeller Drive
A 2022-048 50 Westwood Drive
A 2022-049 441 & 443 East Avenue
A 2022-050 445 & 447 East Avenue
A 2022-051 235 Chapel Hill Drive
A 2022-052 30 Reistwood Drive
A 2022-054 68 Hollybrook Trail
A 2022-055 25 Hollinger Crescent
A 2022-056 286 Rivertrail Avenue
A 2022-057 60 Charles Street West
A 2022-058 243 Connaught Street (Retained)
A 2022-059 243 Connaught Street (Severed)
Applications for Consent
B 2022-031 35 Belmont AvenueWest
B 2022-032 67-69 Ahrens Street West
B 2022-033 243 Connaught Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact the undersigned at
jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority