HomeMy WebLinkAboutCA Agenda - 2022-09-20
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 20, 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: September 9, 2022
REPORT NO.: DSD-2022-433
SUBJECT: Minor Variance Application A2022-104 - 369 Frederick Street
Owner: PeopleCare Inc.
Applicant: Matt Warzecha, Polocorp Inc
RECOMMENDATION:
That Minor Variance Application A2022-104 for 369 Frederick Street requesting relief from
Section 32.3.5 of Zoning By-law 85-1 to:
a) permit an interior side yard setback of 6.1 metres instead of the minimum required 8.3
metres; and
b) permit a Floor Space Ratio (FSR) of 1.25 instead of the maximum 1.0;
to facilitate a 4-storey addition to the existing residential care facility, in accordance with Site
Plan Application SP22/126/F/ES, BE APPROVED.
REPORT HIGHLIGHTS:
The applicant is requesting a minor variance for a reduction in interior side yard setback and an
increase in Floor Space Ratio (FSR) for a proposed 4-storey addition to an existing residential
care facility.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the south side of Frederick Street near the intersection at East
Avenue. The subject lands are adjacent to Frederick Mall.
The subject property is identified as a Community Node Urban Structure and is
Mixed Use Node20 Central Frederick Neighbourhood Secondary Plan in the
1994 Official Plan.
The property is zoned Zone (I-2-law 85-1.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: View of Subject Property (369 Frederick Street)
Figure 2: View of Existing 3-storey, 80-bed Building (August 29, 2022)
Figure 3: View of Interior Side Yard (August 29, 2022)
The existing residential care facility provides 80 beds in a 3-storey building which was constructed
in 1993. The purpose of the application is to permit the construction of a four (4) storey addition that
will provide 128 new long-term care beds to the existing residential car facility.
The applicant has submitted a Site Plan Application (SP22/126/F/ES) to consider the change in the
height of the addition from 3 storeys to 4 storeys and the application is currently under review.
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 Mixed Use Node designation is to serve an inter-neighbouhood function and to
allow for intensive, transit supportive development in a compact form. It is intended that Mixed Use
Nodes will intensify and provide a balanced distribution of commercial multiple residential and
institutional uses. The proposed variances to increase density and allow a small side yard reduction
will achieve the goals of the land use designation by increasing the density on the existing lands.
General Intent of the Zoning By-law
Interior Side Yard: The intent of the regulation that requires an interior side yard setback to be a
maximum of half the building height (8.3 metres in this situation) is to provide adequate building
separation and to not cause adverse impacts to neighbouring properties. The applicant has
conducted an angular plane analysis that demonstrates that there is a 45 degree or less angular
plan between the residential homes backing onto the site and the roof parapet of the proposed
addition to the residential care facility. In addition, the applicant has conducted a shadow impact
analysis that indicates there will be minimal or no adverse impacts from shadows based on the
proposed height and setback. Therefore, in the opinion of Staff, the requested variance meets the
general intent of the Zoning By-law.
Floor Space Ratio (FSR): The intent of the maximum Floor Space Ratio of 1.0 is to regulate the
overall density and massing of buildings on site. The request for a 1.25 Floor Space Ratio represents
a small increase in density that can be mitigated through a high level of urban design, functional
layout of the site, and enhanced landscaping. Staff is of the opinion that the existing site is well-
suited for an increase in density and has adequate lot size, access by vehicle and transit, and access
to existing services to function with an FSR of 1.25. Therefore, in the opinion of Staff, the requested
variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
As demonstrated by the angular plane analysis and shadow impact analysis, no adverse impacts
are expected for adjacent residential lots. The requested 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 existing building was constructed in 1993 and contains 80 long-term care beds. The site has
ample room for expansion and it is efficient to locate within the existing residential care campus. In
the opinion of Staff, the requested variances are appropriate for the use of the land.
Figure 4: Proposed Site Plan
Environmental Planning Comments:
No natural heritage concerns, tree management requirements will be addressed through the Site
Plan Application.
Heritage Planning Comments:
Lands are under review in the Heritage Kitchener Inventory. Comments will be provided as part of
the review of the Site Plan Application.
Building Division Comments:
The Building Division has no objections to the proposed variances.
Engineering Division Comments:
No Engineering concerns.
Parks/Operations Division Comments:
No Parks/Operations concerns.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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.
CONSULT The applicant held a Neighbourhood Meeting in June of 2022.
PREVIOUS REPORTS/AUTHORITIES:
Minor Variance Application A2017-071 and Consent Application B2017-019
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
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-429
SUBJECT: Minor Variance Application A2022-105 - 6 Tweedsmuir Court
Owner: Michelle Weigel
Agent: Rache
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-105 for 6 Tweedsmuir Court requesting relief
from Section 5.5 b) of Zoning By-law 85-1, to permit an accessory structure to have a
maximum height of 3.7 metres to the underside of the fascia instead of the maximum
permitted 3 metres, to facilitate the construction of a pavilion in the rear yard of the
subject property, generally in accordance with drawings prepared by Witzel Dyce
Engineering Inc., dated July 2022, BE APPROVED.
Zoning By-law 2019-051
A. That Minor Variance Application A2022-105 for 6 Tweedsmuir Court requesting relief
from Section 4.1 d) of Zoning By-law 2019-051, to permit an accessory structure to
have a maximum height of 3.7 metres to the underside of the fascia instead of the
maximum permitted 3 metres, to facilitate the construction of a pavilion in the rear
yard of the subject property, generally in accordance with drawings prepared by Witzel
Dyce Engineering Inc., dated July 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 final date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the construction
of a pavilion in the rear yard of the subject property.
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 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.
Location Map of 6 Tweedsmuir Court (subject property).
BACKGROUND:
The subject property is located West of Tweedsmuir Court, near the intersection of Tweedsmuir
Court and Roehampton Court. The rear yard contains some various vegetation and landscaping.
The area is predominately a low-rise low-density residential neighborhood.
The subject property is Community Area Urban Structure and is designated
Low Rise Residential
Residential Three Zone (R-3-law 85-1
Residential Two Zone (RES--law 2019-051, which is currently under appeal.
The purpose of the subject minor variance application is to facilitate the development and
construction of a pavilion in the rear yard of the subject property. Specifically, the variance is as
follows:
to permit an accessory structure to have a maximum height of 3.7 metres to the underside
of the fascia instead of the maximum permitted 3 metres, to facilitate the construction of a
pavilion in the rear yard
Planning staff conducted a site inspection on August 30, 2022.
Site visit photo of 6 Tweedsmuir Court (subject property).
Photo provided by applicant showing rear yard location of proposed pavilion.
Site Plan submitted with application showing the reduced rear yard setback from the
underside of the proposed pavilion fascia.
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
-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 currently contains a single detached dwelling, and
a rear yard deck, with a proposed pool and hot tub. The proposed pavilion is a compatible and desirable
addition to a residential property. The pavilion structure is intended to be as open and inviting as
possible, which will be made possible through the variance of increased fascia height, supporting and
complimenting the amenity area of the residential use. 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 of the regulation that requires 3.0 metres for the height of a pavilion or such
structure is to ensure that the structure is not overpowering the amenity space, or negatively
impacting . The proposed 3.7 metre height will still ensure that the pavilion
structure functions appropriately on this lot, while elevating amenity space, and not overpowering
the landscape and characteristics of the neighbourhood. Staff are of the opinion that the proposed
increase in the fascia height of the pavilion will not visually impact neighbouring lots. Therefore, staff
are of the opinion that the requested variance for increase in the proposed pavilion heightmeets the
general intent of Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variance can be considered minor since it is not anticipated to cause unacceptably
adverse impacts on adjacent properties. The variance will allow for an increased accessory structure
height to ensure an appropriate placement and amenity space is available for proposed pavilion and
pool area, which will be compatible with the existing residential use of the property and will not
negatively impact the neighbouring lot. Appropriate rear yard and side yard access continues to be
accommodated and the separation to the adjacent dwelling remains sufficient based on the site plan
provided.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variance to permit an increase in pavilion height will ensure and allow for an open
and inviting space for residents of the dwelling, while not obstructing the view of neighbouring lots.
Further, the development and construction of this pavilion will ensure that the character of the
neighbourhood and surrounding area will continue to be respected. There are no anticipated
negative impacts as a result of the requested variance to the adjacent property or the surrounding
area.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
accessory structure and it is currently under review.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning 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 ebsite 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 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 Site Plans Submitted with Application
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 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: September 9, 2022
REPORT NO.: DSD-2022-434
SUBJECT: Minor Variance Application A2022-106 - 175 Tartan Avenue
Owner: Schlegel Urban Developments Corp.
Agent: Blake Toncic
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-106 for 175 Tartan Avenue requesting relief
from:
1) Section 6.1.2 a) to permit a parking requirement of 1.1 parking space per dwelling
unit (120 parking spaces) instead of the minimum required 1.5 parking spaces per
dwelling unit (162 parking spaces);
2) Section 6.1.2 b) vi) b) to permit 10% of the required parking spaces (12 spaces) for
Visitor Parking instead of the minimum required 20% (32 parking spaces);
3) Special Regulation Provision 736R b) to permit a side yard setback of 1.8 metes
instead of the minimum required 2.5 metres; and
4) Special Regulation Provision 736R c) to permit a rear yard setback of 5.5 metres
instead of the minimum required 7 metres;
to facilitate the development of the property with 108-unit multiple residential stacked
townhome development (7 buildings in total) in accordance with Site Plan Application
SP22/061/T/LT, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-106 for 175 Tartan Avenue requesting relief
from:
1) Site-specific Provision (250) b) to permit a side yard setback of 1.8 metres instead
of the minimum required 2.5 metres; and
2) Site-specific Provision (250) c) to permit a rear yard setback of 5.5 metres instead
of the minimum required 7 metres;
*** 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 the property with 108-unit multiple residential stacked
townhome development (7 buildings in total) in accordance with Site Plan Application
SP22/061/T/LT, 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 final date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review and provide a recommendation for Minor Variance
Application A2022-106.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is within the Huron South Neighbourhood which is located south of Huron Road
and east of
2 Land Use
2014 Official Plan. The property is zoned R-8h Special Regulation
Provision 736R in Zoning By-law 85-1 and RES-6-
Specific Provision (250) in Zoning By-law 2019-051, which is currently under appeal.
The application is requesting variances to permit the reduction in the parking requirement, the
number of visitor parking, and reduced rear yard and side yard setbacks for the proposed
development.
nd
City staff conducted a site inspection of the property on September 2, 2022.
Figure 1: Location Map: 175 Tartan Avenue
Figure 2: Front view of 175 Tartan Avenue
Figure 3: Site Plan: Green box indicating reduced rear and side yard
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 identifie 2 - Urban Structure and is
of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types
while maintaining the character of the neighbourhood.
The minor variances will facilitate the development of the subject property with a low-rise multiple
residential use consistent with the land use designation and with the intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the 2.5 metre side yard setback and the 7 metre rear yard setback requirements
in Zoning By-laws85-1and 2019-051 is to maintain privacy and an appropriateseparation distance
from neighbouring properties. Only the one corner of the building at the northwesterly portion of the
site is deficient and located 1.8 metres rather than the required 2.5 metres and the side wall of the
building at the southwesterly end of the site is deficient and located 5.5 metres rather than the
required 7 metres for a rear yard.
future residential development. Staff is of the opinion that the requested reductions in the setbacks
meet the general intent of the Zoning By-law.
The intent of the minimum parking and visitor parking requirements is to ensure the development
provides a sufficient number of parking spaces for both residents and visitors to the site. Residents
are becoming less car-dependent and the reduced parking spaces will facilitate more housing and
amenity space being provided on the site. Also, as the parking requirements will be in compliance
with new Zoning By-law 2019-051, staff is of the opinion that the minor variances to permit a reduced
parking requirement and a reduction in the number of required visitor parking spaces, to Zoning By-
law-85-1, meets the intent of new Zoning By-law 2019-051.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the effects of the requested variances are minor as the reduced parking
requirement, the reduction in the number of visitor parking spaces, and the reduced side yard and
rear yard setbacks, adjacent to open space lands, will not affect the neighbouring properties or
negatively impact the functioning of the site.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances are desirable for the appropriate development and the use of land as they
will facilitate the development of a multiple residential stacked townhouses compatible with the form
and scale of the surrounding properties. The reduced setbacks will facilitate the development of
buildings on the westerly side of the site where the lot line is irregular and will not impact the privacy
of neighbouring properties and the reduced parking will not negatively impact the functioning of the
site. Staff is of the opinion that the requested variances are considered desirable for the appropriate
development of the use of the land.
Environmental Planning Comments:
A Tree Management Plan is required and this will be addressed through the site plan application in
process.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
No objections.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Based on the justification report completed by Fusion Homes and submitted as part of this
application, Transportation Services can support the proposed parking rate of 1.11 spaces per unit
(1.50 spaces per unitrequired under Zoning By-law 85-1), the visitor parking rate of 10% (20%
required), and 18 Class A secured bike spaces.
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
ivision. 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-laws 85-1 and 2019-051
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 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: 5
DATE OF REPORT: September 12, 2022
REPORT NO.: DSD-2022-440
SUBJECT: Minor Variance Application A2022-107 - 133 Pine Martin Crescent
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2022-107 for 133 Pine Martin Crescent requesting relief
from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit a right side yard setback of
0 metres instead of the required 1.2 metres to facilitate the construction of a sunroom
addition onto the rear of the existing single detached dwelling, generally in accordance with
drawings prepared by Waymar, dated April 2022, BE APPROVED, subject to the following:
That this 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 review a minor variance application for a side yard variance to
permit construction of a sunroom addition to a single detached dwelling.
The key finding of this report is that the requested minor variance meets the four tests of the
Planning Act.
There are no financial implications.
Community engagement included 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.
*** 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 on the south side of Pine Martin Crescent, south of Wilderness Drive
and contains a single detached dwelling.
The property is identified as Community Area on Map 2 Urban Structure and it is designated as
Low Rise Residential on Map 3 The property is zone
Residential Four Zone (R-4) in Zoning By-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 this application is to facilitate the construction of a sunroom onto the rear of the
existing single detached dwelling which will maintain the same side yard setback as the existing
dwellin--law 2019-051 does not permit new development to have a
0 metre setback from a side lot line.
It is noted that the proposed addition meets the regulations under the R-4 zoning (By-law 85-1).
Staff visited the site on September 1, 2022.
REPORT:
General Intent of the Official Plan
The designation of Low Rise Residential emphasizes compatibility of building form with respect to
massing, scale, and design in order to support the successful integration of different house types. It
also places emphasis on the relationship of housing to adjacent buildings and streetscapes. The
proposed variance conforms to the land use designation and it is the opinion of staff that the variance
meets the general intent of the Official Plan.
General Intent of the Zoning By-law
It is noted that the proposed 0 metre side yard setback is permitted in Zoning By-law 85-1 which was
the zoning by-law in effect when the subject area was established. It permits the building to be 0
metres from a side lot line provided maintenance easements and eave encroachments are provided
on the abutting lands for the maintenance of walls, eaves and real property. These easements were
established when the house was constructed, as shown on the survey below as Parts 94 and95, on
Reference Plan 58R-10907.The easements extend beyond the rear wall of the dwelling façade
where the proposed addition is to be located.
Under Zoning By-law 2019-051, which is currently under appeal, there is no longer provisions for
new buildings to be located 0 metres from the side lot line. However, as the proposed sunroom
addition is in keeping with what is already established historically in the neighbourhood, staff are of
the opinion that the intent of the Zoning By-law is met for this property and the abutting property.
Is/Are the Effects of the Variance(s) Minor?
As noted above, the proposed addition to a single detached dwelling meets the intent of the existing
and proposed by-laws. Staff are of the opinion that this variance, to permit thesunroom additionto
be constructed in line with the wall of the existing dwelling and maintaining the window opening at
the rear, is minor.
Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Buildings
and/or Structure?
The sunroom addition meets the regulations of Zoning By-law 85-1.The variance is to the newer By-
law 2019-051. As the proposed addition is to extend into the rear yard in line with the existing main
dwelling, the variance can be considered appropriate development for the lands. It is noted that the
neighbours have written a letter of support for the variance to By-law 2019-51 and they have no
concerns.
Environmental Planning Comments:
No natural heritage or Tree Management Policy concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
sunroom addition and is currently under review.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comment
Parks/Operations Division Comments:
No comments.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery ofcore 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 t
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 that
they may find a
Lastly, a notice of the application was mailed to all property owners within 30 metres of the subject
land.
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
City of Kitchener Official Plan (2014)
Zoning By-law 2019-051
Attachments: Drawings Prepared by Waymar, February 10, 2022.
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-425
SUBJECT: Minor Variance Application A2022-108 - 23 Bosworth Crescent
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-108 for 23 Bosworth Crescent requesting relief
from Section 6.1.1.1 b) i) of Zoning By-law 85-1, to permit the required off-street
parking to be located 1.7 metres from the street line instead of the required 6 metres
generally in accordance with drawings prepared by Isabel Barnes, dated August 17,
2022, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-108 for 23 Bosworth Crescent requesting relief
from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit the required off-street
parking to be located 1.7 metres from the street line instead of the required 6 metres
generally in accordance with drawings prepared by Isabel Barnes, dated August 17,
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 final date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review variances requesting relief from Section 6.1.1.1 b) i) of
Zoning By-law 85-1 and from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit the
required off-street parking to be set back 1.7 metres rather than the required 6 metres to
facilitate the conversion of the attached garage into a living space for the use of the single
detached dwelling.
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 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 southerly side of Bosworth Crescent and contains a single
detached dwelling. The subject property is located within the Laurentian Hills Neighbourhood, with
the area primarily comprised of low-rise residential uses.
Location of Proposed Variance Photo of Subject Property
Location Map 23 Bosworth Crescent
The Community Areas Urban Structure and is
Low Rise Residential
Residential Four Zone (R-4-law 85-1 w Rise Residential
Four Zone (RES--law 2019-051, which is currently under appeal.
The purpose of the application is to request relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1
and from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit the required off-street parking to
be set back 1.7 metres rather than the required 6 metres to facilitate the conversion of the attached
garage into a living space for the use of the single detached dwelling.
Planning Staff conducted a site visit on August 29, 2022.
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
Urban Structure and is
of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types
while maintaining the low density character of the neighbourhood. Official Plan policy 4.C.1.8 details
spefunction
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.
Staff are of the opinion that permitting the required off-street parking space to be set back 1.7 metres
rather than the required 6 metres would maintain both the appropriate number of parking spaces for
the single detached dwelling, as well as the existing area of landscaped/amenity space on the front
yard. The proposed variance would not have an impact on the low rise residential character of the
surrounding neighbourhood and therefore maintain the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 6 metre setback from the street line for the first required off-street parking space in
both Zoning By-laws 85-1 and 2019-051 is to ensure that a vehicle can be safely parked without
impacting the City right-of-way, including the sidewalk and to ensure that the streetscape is not
dominated by vehicles. The required setback also ensures clear visibility lines when exiting the
driveway. Maintaining the 6 metre setback also ensures enough space for a second legal parking
space behind the first required space. Staff acknowledge that the while 1.7 metres is not sufficient
for a second legal parking space, a 1.7 metre setback would still ensure adequate visibility along the
street line without impacting the City right-of-way or impeding access to the neighbouring properties.
Staff are of the of the opinion that the proposed variance meets the general intent of the Zoning By-
laws.
Is/Are the Effects of the Variance Minor?
While a 4.3 metre setback deficiency is slightly discernible from the public realm, there are no
anticipated impacts to the pedestrian right-of-way, parking requirements, or neighbouring properties.
Staff note that there are no sidewalks along Bosworth Crescent and that only one parking space is
required for the subject property; as such, there would be limited pedestrian activity interacting with
the property and no impact to parking configurations would occur. Also, the parking space in the
driveway will be buffered by the topography of the front yard. Staff are of the opinion that the
requested variance is minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variance is desirable for the appropriate development and use of the land as it would
facilitate the conversion of the attached garage into a living space for the single detached dwelling
while ensuring that a legal parking space is provided on the subject property.
Environmental Planning Comments:
No natural heritage or Tree Management Policy concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
conversion of the garage into living space is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
GRCA Comments:
No comments.
Region of Waterloo Comments:
No comments.
Hydro One Comments:
No comments or concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This report has been posted
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
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
ATTACHMENTS:
Attachment A Survey and Driveway Location/Measurements
Survey and Driveway Location/Measurements
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-423
SUBJECT: Minor Variance Application A2022-109 - 60 Crosswinds Drive
Owner: Milestone Developments Inc.
Agent: Patrick Haramis
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-109 for 60 Crosswinds Drive requesting relief
from Section 38.2.1 Zoning By-law 85-1, to permit a rear yard setback of 7.2 metres
instead of the minimum required 7.5 metres to facilitate the construction of a new
single detached dwelling, generally in accordance with drawings prepared by J.D.
Barnes Ltd, dated July 14, 2022, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-109 for 60 Crosswinds Drive requesting relief
from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a rear yard setback
of 7.2 metres instead of the minimum required 7.5 metres to facilitate the construction
of a new single detached dwelling, generally in accordance with drawings prepared
by J.D. Barnes Ltd, dated July 14, 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 final date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the development
of a new single detached dwelling on the subject property.
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 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.
Location Map of 60 Crosswinds Dr (subject property).
BACKGROUND:
The subject property is located on the north side of Crosswinds Drive and is located near the
intersection of Crosswinds Drive and Valleybrook Drive. The subject property is currently a vacant
lot. A building permit was issued in September of 2021, to permit a new Waterford single detached
dwelling with an attached garage. The area is predominantly a low-rise low-density residential
neighbourhood.
Community Area Urban Structure and is designated
Low Rise Residential Land
Residential Four Zone (R-4with Special Regulation Provision 597R in
Zoning By-law 85-1-with Site-Specific Provision (228)
in Zoning By-law 2019-051, which is currently under appeal. Both 597R and (228) do not permit
geothermal wells.
The purpose of the subject minor variance application is to facilitate the development and
construction of a new single detached dwelling with an attached garage on the subject property.
Specifically, the variance is as follows:
to permit a rear yard setback of 7.2 metres instead of the minimum required 7.5 metres.
Planning staff conducted a site inspection on August 30, 2022.
Site Visit Photo of 60 Crosswinds Drive (subject property).
Sketch of location of proposed single detached dwelling and rear yard setback reduction.
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
-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 currently an empty lot and is proposed for the
construction of a single detached dwelling. This proposed dwelling will be similar to and compatible with
the uses of the adjacent properties. 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 of the regulation that requires 7.5 metres for rear yard setback is to ensure that
adequate amenity space and building separation is provided. The proposed 7.2 metre setback will
still allow the new dwelling to function appropriately on this lot including sufficient amenity area,
privacy buffer, and maintenance. Staff are of the opinion that adequate amenity area and building
separation is provided. Accordingly, the requested variance for reduction in rear yard setback meets
the general intent of Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variance can be considered minor since it is not anticipated to cause unacceptably
adverse impacts on adjacent properties. The deficiency of 0.3 metres will not be discernible. The
variance will allow for a reduced rear yard setback to ensure an appropriate placement and amenity
space for the proposed dwelling which will be compatible with the existing residential use of the
property and will not negatively impact the neighbouring lot. Appropriate rear yard and side yard
access continues to be accommodated and the separation to the adjacent dwelling remains sufficient
based on the site plan provided.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variance to permit a reduction in the rear yard setback will ensure and allow for an
appropriately oriented single detached dwelling on an irregular-shaped lot that will meet all other
zoning requirements. Further, the development and construction of this new dwelling will maintain
the character of the streetscape and the character of the surrounding area will continue to be
respected. There are no anticipated negative impacts as a result of the requested variance to the
adjacent property or the surrounding 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 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.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning 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-laws 85-1 and 2019-051
ATTACHMENTS:
Attachment A Site Plan included with Application
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-424
SUBJECT: Minor Variance Application A 2022-110 - 6 Marianne Dorn Trail
Owner: Suresh Kumar Soundararajan, Gowri Krishnasamy
Agent: Rodney Friesen
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-110 for 6 Marianne Dorn Trail requesting relief
from Section 5.6.1 b) of Zoning By-law 85-1, to allow exterior stairs to have a side yard
setback of 0.29 metres instead of the minimum required setback of 0.75 metres to
construct a new set of stairs in a side yard to facilitate the addition of a second
dwelling unit (additional dwelling unit (attached)) in the single detached dwelling,
generally in accordance with drawings prepared by Fine Line Drafting & Design, dated
th
June 25, 2022, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-110 for 6 Marianne Dorn Trail requesting relief
from Section 4.14.10 b) of Zoning By-law 2019-051, to allow exterior stairs to have a
side yard setback of 0.29 metres instead of the minimum required setback of 0.75
metres to construct a new set of stairs in a side yard to facilitate the addition of second
dwelling unit (additional dwelling unit (attached)) in the single detached dwelling,
generally in accordance with drawings prepared by Fine Line Drafting & Design, dated
th
June 25, 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 final date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the construction
of a new set of exterior stairs in a side yard, to allow access to the addition of a second dwelling
unit in the single detached dwelling.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The key finding of this report is that the requested minor variance meets the 4 tests of the
Planning Act.
There are nofinancial implications.
This report supports the delivery of core services.
Location Map of 6 Marianne Dorn Trail (subject property).
BACKGROUND:
The subject property is located on the northwest side of Marianne Dorn Trail and is located near the
intersection of Marianne Dorn Trail and Old Huron Road. The subject property currently contains a
two-storey single detached house with an attached garage. The area is predominately a low-rise
low-density residential neighborhood.
Community Area Urban Structure and is designated
Low Rise Residential
Residential Four Zone (R-4-law 85-1
Three Zone (RES--law 2019-051, which is currently under appeal.
The purpose of the subject minor variance application is to facilitate the development and
construction of external side yard stairs, to allow access to an additional dwelling unit attached
(Duplex) in the existing single detached home on the subject property. Specifically, the variance is
as follows:
to permit a side yard setback of 0.29 metres for exterior stairs instead of the minimum
required 0.75 metres.
Planning staff conducted a site inspection on August 30, 2022.
Site visit Photo of 6 Marianne Dorn Trail (subject property).
Photo showing space between neighbouring property and existing dwelling, right side yard.
Site Plan submitted showing proposed stair setback reduction.
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
-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 2-storey, single
detached dwelling. The exterior stairs will facilitate a gentle intensification of the subject property, which
use is supported by Official Plan policy. 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
In Zoning By-law 2019-051 steps that do not exceed 0.6 metres above ground level may be permitted
in any side yard. In this case the steps are proposed to be greater than 0.6 metres (two feet) in height.
The general intent and purpose of the by-law requirement for a minimum 0.75 metre interior side yard
setback for steps in Zoning By-law 85-1 and for steps that exceed 0.6 metres in height in Zoning By-
law 2019-051 is to ensure an appropriate access can be maintained to the rear yard and that there is
adequate buffering and minimal impacts between buildings. The rear yard is accessible from the other
side yard and the adjacent building is not anticipated to be negatively impacted by the addition of the
exterior stairs.
Is/Are the Effectsof the Variance(s) Minor?
The requested variance can be considered minor since it is not anticipated to cause unacceptably
adverse impacts on adjacent properties.The variancewill allow forthe construction of exterior stairs
to access an existing side entrance door that allow a proposed duplex use of the property while not
negatively impacting neighbouring lots. Appropriate rear yard and side entrance access continues
to be accommodated and the separation to 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 variance to permit a reduction in the side yard setback will facilitate the construction
of exterior stairs to access the side entrance door of a proposed second dwelling to allow for an
additional dwelling unit (attached) and allow a form of gentle intensification.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
Additional Dwelling Unit (ADU) (Attached) and is currently under review.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
No comments.
Grand River Conservation Authority (GRCA) Comments:
Recommendation
GRCA has no objection to the above-noted minor variance application.
Documents Reviewed by Staff
GRCA staff have reviewed the following documents submitted with this application, received on August
26, 2022, from the City of Kitchener:
- Application for Minor Variance (City of Kitchener, July 26, 2022); and
- Drawings - General Information & Site Plan; Floor Plans; and Second Floor, Section and
Elevation (Fine Line Drafting & Design, revised June 25, 2022).
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 a portion of the
regulated allowance to slope erosion and slope valley located east of the property. A copy of our
resource mapping is attached.
Due to the presence of the above-noted features, a portion of the subject property is regulated by
the GRCA under Ontario Regulation 150/06 Development, Interferencewith Wetlands and
Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated
area on the subject property will require the prior issuance of a permit pursuant to Ontario Regulation
150/06.
The existing and proposed use of the subject property is residential. We understand the purpose of
this application is to permit a reduced side yard setback for exterior stairs to facilitate the addition of
a second dwelling unit in the existing detached dwelling. Based on the circulated plans, GRCA staff
do not anticipate natural hazard impacts as a result of this application. We have no objection to this
minor variance and a GRCA permit is not required.
variance and the applicant will be invoiced in the amount of $290 for the
application.
Should you have any questions, please contact me at jconroy@grandriver.ca or 519-621-2763
ext.2230.
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
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
ATTACHMENTS: Attachment A Plans included with application
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File: A 2022-110 - 6 Marianne Dorn Trail
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6 Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Minor Variance Application A 2022-110
6 Marianne Dorn Trail, City of Kitchener
Suresh Kumar Soundararajan and Gowri Krishnasamy/Rodney Freisen
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
GRCA staff have reviewed the following documents submitted with this application,
received onAugust 26, 2022 from the City of Kitchener:
Applicationfor Minor Variance (City of Kitchener, July 26 2022); and
Drawings - General Information & Site Plan; Floor Plans; and Second Floor,
Section and Elevation (Fine Line Drafting & Design, revised June 25 2022).
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
a portion of the regulated allowance to slope erosion and slope valley located east of
the property. A copy of our resource mapping is attached.
Due to the presence of the above-noted features, a portion of the subject property is
regulated by the GRCA under Ontario Regulation 150/06 – Development, Interference
with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future
development within the regulated area on the subject property will require the prior
issuance of a permit pursuant to Ontario Regulation 150/06.
The existing and proposed use of the subject property is residential. We understand the
purpose of this application is to permit a reduced sideyard setback for exterior stairs to
facilitate the addition of a second dwelling unit in the existing detached dwelling. Based
on the circulated plans, GRCA staff do not anticipate natural hazard impacts as a result
of this application. We have no objection to this minor variance and a GRCA permit is
not required.
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 me at jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Enclosed: GRCA Resource Map
Copy: Suresh Kumar Soundararajan and Gowri Krishnasamy – Owners (via email)
Rodney Friesen, Fine Line Drafting & Design – Agent (via email)
Grand River
Conservation Authority
Date: Sep 01, 2022
Author: JC
6 Marianne Dorn Trail,
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): 543,586.44 4,804,764.35
NAD 1983 UTM Zone 17NScale: 511
This map is not to be used for navigation | 2020 Ortho (ON)
±
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 20, 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 6
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-432
SUBJECT: Minor Variance Application A2022-111 - 131 Pinedale Drive
Owner: Gurvinder and Jaskinder Nanra
Agent: Kipra Nanra
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-111 for 131 Pinedale Drive requesting relief
from Section 6.1.1.1 b) i) and Section 5.3 of Zoning By-law 85-1, to permit a driveway
to be located 0.78 metres from the intersection of street lines instead of the minimum
setback required of 9 metres, and to permit a parking space to be located in a driveway
visibility triangle whereas obstructions over 0.9 metres in height are not permitted,
generally in accordance with the provided drawings, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-111 for 131 Pinedale Drive requesting relief
from Section 5.3.3 a) i) and Section 4.5 a) of Zoning By-law 2019-051, to permit a
driveway to be located 0.78 metres from the intersection of street lines instead of the
minimum setback required of 7 metres, and to permit a parking space to be located in
a driveway visibility triangle whereas obstructions over 0.9 metres in height are not
permitted, generally in accordance with the provided drawings, 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 final date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for minor variances to permit the owner to
widen an existing driveway closer to the intersection of the street (property) lines.
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:
Subject Property 131 Pinedale Drive
Front view of property with existing driveway
The subject property is located on Pinedale Drive, at the intersection of Pinedale Drive and
Williamsburg Road. The current use of the building is a single detached dwelling, however the owner
has applied for a building permit to convert to a duplex dwelling (an Additional Dwelling Unit (ADU)
(Attached)).
Community Area Urban Structure and is designated
Low Rise Residential
Residential Four Zone (R-4-law 85-1
Residential Four Zone (RES- in Zoning By-law 2019-051, which is currently under appeal.
The applicant has proposed converting the current single detached dwelling into a duplex dwelling
and would like to widen the existing driveway 2.6 metres to provide a double wide driveway for the
property. Therefore, the applicant is requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-
1 and relief from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit a driveway to be located
0.78 metres from the intersection of street (property) lines in stead of the minimum 9 metres in 85-1
and 7 metres in 2019-051, and relief from Section 5.3 of Zoning By-law 85-1 and relief from Section
4.5 a) of Zoning By-law 2019-051 to permit a vehicle to locate in a driveway visibility triangle whereas
obstructions over 0.9 metres in height are not permitted.
The side lot abutting a street property line is set back significantly from the road (as shown in the
attached sketch). The setback to the sidewalk from Williamsburg Rd to the side property line is
approximately 6.72 metres. The driveway widening will allow 2 cars to park side by side in a safe
manner.
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 subject property is designated Low Rise Residential in the Official Plan. This designation
permits low density forms of housing such as duplex 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 variances for the
driveway location meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the corner lot driveway location regulations in both By-law 85-1 and 2019-051 is to
ensure that there are adequate setbacks from the corner that would not impede visibility for
pedestrians, cyclists and motorists at the intersection. All modes of transportation are to have
adequate sight lines for safety purposes. The proposed driveway widening does not interfere with
the intersection sightlines as the property line is set back significantly from the road. This setback
provides adequate visibility for all modes of transit and the reduction will not negatively impact
adjacent properties nor the streetscape.
The intent of both By-laws to not permit obstructions over 0.9 metres in height within a driveway
visibility triangle is to ensure that there areadequate site lines for vehicles to exit the property in a
safe manner and locate oncoming pedestrians, cyclists and other motor vehicles. There is a current
hedge on the property that is the owners intention to be removed to ensure there is increased
visibility. The separation distance from the road also provides extra space to ensure the vehicle can
exit slowly and without incident.
Staff is of the opinion that the requested variances meet the general intent of the Zoning By-laws.
Is/Are the Effects of the Variance(s) Minor?
The variances can be considered minor, as it is the opinion of staff that the setback from
Williamsburg Road to the property line still adequately maintains the corner and driveway visibility
triangles requirements and will not present any significant impacts to the 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 variances are appropriate for the development and use of the land. The variances will allow the
gentle intensification of an existing single detached dwelling to a duplex dwelling and provide the
required parking, unobstructed, on the property.
Environmental Planning Comments:
No natural heritage or tree management policy concerns.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering has no comment. If approved by Planning/Transportation Planning, a curb cutting permit
from Engineering is required for the work to proceed.
Parks/Operations Division Comments:
Parks/Operations has no comments.
Transportation Planning Comments:
Transportation Services can support the requested encroachment into the corner visibility triangle
(CVT) due to the geometry of the intersection of Williamsburg Road and Pinedale Drive. The CVT is
located far enough away from Williamsburg Road that vehicles at the stop sign on Pinedale Drive
will not have impacts on sight lines and visibility due to the widening of the driveway as requested.
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
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-426
SUBJECT: Minor Variance Application A2022-112 527 Wellington Street
North
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-112 for 527 Wellington Street North requesting
permission under section 45(2)(a)(i) of the Planning Act, to permit the enlargement or
extension of a legal non-conforming use, a single detached dwelling in the "General
Industrial Zone (M-2)", to permit an Additional Dwelling Unit (ADU) (Attached),
generally in accordance with drawings prepared by Nikola Janakovic, dated February
20, 2022, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make recommendations with respect to the requested
application for permission for 527 Wellington Street North.
Staff recommend that the application be approved.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the North Ward Neighbourhood on the southerly side of Wellington
Street North. The subject lot currently contains a single detached dwelling with an attached
basement unit and is surrounded by predominantly general industrial uses, as well as residential
uses east along Wellington Street North.
on Map 2 Urban Structure and is
in the North Ward Secondary Plan in the 1994 Official Plan.
General Industrial Zone (M-2-law 85-1.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location of Subject Property Photo of Subject Property
The purpose of the application is that the applicant is seeking permission under Section 45(2)(a)(i)
of the Planning Act to permit the enlargement or extension of a legal non-conforming use. In this
case, permission would facilitate and legalize the use of the existing basement for an Additional
Dwelling Unit (ADU) (attached). An application to the Building Division has been submitted and is
currently under review.
Staff conducted a site visit on August 30, 2022.
REPORT:
Planning Comments:
Case law sets out the tests to be applied by the Committee of Adjustment in considering applications
under Section 45(2)(a)(i). It should be noted that the test to be applied is not the four-part test for minor
variances under Section 45(1) but rather whether the approval of the application:
1. Is in the public interest; and
2. Creates unacceptable or adverse impact upon abutting properties.
Is Approval in the Public Interest?
Staff are of the opinion that the approval of this application is in the public interest as it would permit the
use of the existing basement unit as a legal ADU (attached). The proposed use would provide a form
of gentle intensification, and increase the range of housing options, in the North Ward neighbourhood
as directed in Official Plan policy 4.C.1.24. As residential uses already exist along Wellington Street
North, there would not be a discernable impact to industrial uses in the area.
Any Adverse or Unacceptable Impacts?
Staff are of the opinion that permitting the use of the existing basement dwelling as an ADU
(attached) would not result in any adverse or unacceptable impacts. The property contains enough
room to provide two legal parking spaces per unit as required by the zoning, removing traffic impacts
to the roadway. Staff note that the surrounding properties to the east of the subject property (along
Wellington Street North and Johnson Street) are zoned R-5, which permits the use of duplex
dwellings on those properties. Additionally, the basement unit is not visiblefrom the public realm;
therefore, no adverse or unacceptable impacts are anticipated.
Environmental Planning Comments:
No natural heritage or Tree Management Policy concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
attached additional dwelling unit and is currently under review.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
No concerns.
GRCA Comments:
No concerns.
Hydro One Comments:
No comments or 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 (2014)
Zoning By-law 85-1
ATTACHMENTS:
Attachment A Survey of subject property
Attachment B Floorplan of basement unit
Attachment A: Survey of Subject Property
Attachment B: Floorplan of Basement Unit
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: Planning and Strategic Initiatives Committee
DATE OF MEETING: September 20, 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 10
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-437
SUBJECT: Minor Variance Application A2022-113 - 10 College Street
Owner: Nimer Bros. Development Inc.
Applicant: Scott Patterson, Patterson Planning Consultants Inc
RECOMMENDATION:
That Minor Variance Application A2022-113 for 10 College Street requesting relief from
Section 6.1.2 c) of Zoning By-law 85-1 to permit a minimum parking requirement of 58 parking
spaces instead of a minimum parking requirement of 126 parking spaces to facilitate the
development of a 24-storey building with 223 dwelling units in accordance with Site Plan
Application SP21/027/C/JVW, be APPROVED.
REPORT HIGHLIGHTS:
The applicant is requesting a minor variance to reduce the required parking to 58 spaces for a
24 storey, 223 residential unit development.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at the corner of Ontario Street North and Weber Street West.
Urban Structure and is
Urban Growth Centre in
Retail Core Zone (D-1-law 85-1.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Arial view of the subject lands at 10 College Street
The subject lands at 10 College Street are currently developed with a surface parking lot. The subject
property received Approval in Principle to construct a 24-storey building with 223 residential units
under Site Plan Application SP21/027/C/JVW in August 2022 which requires approval of a parking
reduction of 58 spaces prior to final site plan approval.
Figure 2: Proposed Site Plan SP21/027/C/JVW
Figure 3: View of Existing Site
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 City Centre District within the Urban Growth Centre in the Official
Plan. The Urban Growth Centre is the primary intensification area within the city. The intent of the
City Centre District is to provide a pedestrian-oriented environment characterized by ground floor
commercial uses, while supporting large scale development and redevelopment. The proposed site
plan concept achieves these objectives by proposing a large scale multi use building with pedestrian
oriented commercial units on the ground and podium floors. The requested variance for reduction to
58 parking spaces rather than the required 126 parking spaces encourages a pedestrian oriented
development and encourages uses of the nearby high order transit. Staff is of the opinion that the
requested variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
Under Zoning By-law 85-1, 0.165 spaces per unit are required for units less than 51 square metres,
1 space per unit is required for units with more than 51 square metres and for each lot existing on
the day of the passing of By-law 96-36, a onetime only exemption from parking requirements shall
apply to the first 465 square metres of gross floor area constructed after the day of the passing of
By-law 96-36. Based on these regulations, Zoning By-law 85-1 requires 126 parking spaces for the
proposed 223 unit residential development. The intent of the required parking regulation is to provide
for adequate vehicle storage on site. The proposed application for redevelopment envisions a transit-
oriented, pedestrian first development that proposes 58 parking spaces overall. The subject lands
are within 175 metres of the Kitchener City Hall LRT Ion Station. The Urban Growth Centre is to give
pedestrian, cycling, and rapid transit modes of transportation the priority over vehicular circulation
within the overall transportation system. Should future users of the site require additional vehicular
parking above the 58 spaces provided onsite, off site parking is available at the city-operated Duke
and Ontario parking garage located approximately 290 metres from the subject lands. Staff are of
the opinion that the provision of a transit and active transportation oriented development within the
Urban Growth Centre induces a reduced demand for vehicle storage and that any additional parking
required parking storage can be provided in nearby city operated downtown parking garages. Staff
are of the opinion that the requested variance meets the general intent of the Zoning By-law.
Are the Effects of the Variance Minor?
The provision of a reduced parking rate to provide 58 parking spaces for a 223 residential unit
development is expected to attract future residents that do not all own a personal vehicle. As the
development proposes 58 parking spaces for 223 residential units, it is expected that future users
will be aware of the site conditions and make alternative arrangements for any vehicle storage needs,
such as city operated downtown parking garages if they do not obtain one of the 58 available parking
spaces provided onsite-hour temporary
on street parking for visitors and short term site users. Planning staff do not expect any adverse
impacts as a result of the requested variance, and therefore the effects can be considered minor.
Is the Variance Desirable For The Appropriate Development or Use of the Land?
The location of the lands within the Urban Growth Centre and 175 metres to an LRT Ion station stop
is conducive to a transit and pedestrian-oriented development with less priority on vehicular
movements. Staff are of the opinion that the variance allows for a desirable and appropriate for the
use of the land.
Environmental Planning Comments:
No natural heritage or tree management policy concerns.
Heritage Planning Comments:
Heritage Planning staff have no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering has no concerns.
Parks/Operations Division Comments:
Parks/Operations has no concerns.
Transportation Planning Comments:
Based on the justification cover letter submitted by the applicant as part of this application,
Transportation Services can support the proposed 58 parking spaces provided, where a total of 126
are required under Zoning By-law 85-1. It is worth noting, that under Zoning By-law 2019-051, a
minimum of 0 parking spaces are required.
Additionally, the proposed development includes a total of 196 Class A indoor, secured bicycle
parking spaces, as well as a total of six (6) Class B temporary bicycle sparking spaces (outdoor bike
racks). Furthermore, parking will be unbundled from the units.
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-law 85-1
ATTACHMENTS:
SP21/027/C/JVW - 10 College Street - Approved in Principle Site Plan
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 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 1
DATE OF REPORT: September 8, 2022
REPORT NO.: DSD-2022-428
SUBJECT: Minor Variance Application A2022-114 132 Woolwich Street
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-114 for 132 Woolwich Street requesting relief
from:
1) Section 34.1 of Zoning By-law 85-1 to permit a multiple dwelling as permitted use;
and
2) 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 1.25 parking spaces per dwelling
unit;
to facilitate the development of a multiple dwelling, proposing 31 dwelling units, in
accordance with Site Plan Application SP22/083/W/BB, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-114 for 132 Woolwich Street requesting relief from
Section 7.3, Table 7-6, of the Zoning By-law 2019-051:
1) To permit a front yard setback of 2.1 metres instead of the minimum required 4.5
metres; and
2) To permit a maximum Floor Space Ratio (FSR) of 0.68 rather than the maximum
permitted 0.6;
to facilitate the development of a multiple dwelling, proposing 31 dwelling units, in
accordance with Site Plan Application SP22/083/W/BB, 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
amended, at such time the variance shall be deemed to have come into force as of the
final date of this decision.
REPORT HIGHLIGHTS:
The applicant is requesting minor variances to add a multiple dwelling use, a reduction in
minimum required front yard setback and parking, and an increase in the maximum permitted
Floor Space Ratio (FSR) in order to facilitate the approval of a 31-unit multiple dwelling
development.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject lands are located at 132 Woolwich Street, being on the south side of the street, at the
terminus of Exmoor Street at Woolwich Street in Bridgeport North. (See Figure 1). 132 Woolwich is
legally described as Pt Lot 60, German Company Tract. The property has a lot frontage of 65.08
metres, a depth of 45.7 metres and a lot area of 2561.8 m² (0.256ha).
Figure 1: Location Map
The subject lands are vacant. Surrounding land use is characterized as low rise residential with a
mix of housing types ranging from single detached dwellings to street townhomes. Woolwich Street
is the municipal boundary between the City of Kitchener and the City of Waterloo. As such the lands
directly opposite the subject property are located in the City of Waterloo.
Figure 2: View of Existing Site (September 1, 2022)
The subject property is identified as a Community Area Urban Structure and is
Low Rise Residential
Agricultural Zone (A-1) in Zoning By-law 85-1
Rise Residential Five Zone (RES--law 2019-051, which is currently under appeal.
The purpose of the application is to facilitate the development of 3 storey, 31 unit townhouse
development proposal with surface parking with 36 parking spots and 22 Class A and B bicycle
spaces. The proposed development is subject to a site plan application (SP22/083/W/BB) which is
currently under review.
Figure 3: Site Plan Drawing
Figure 4 Building Elevations
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 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. Moreover, the City will
encourage and support the mixing and integrating of innovative and different forms of housing to
achieve and maintain a low-rise built form. The requested variances for use, a parking reduction and a
reduction in the front 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.
In regard to the request to increase the Floor Space Ratio from 0.6 to 0.68, the Official Plan provides
further direction in this regard. A maximum Floor Space Ratio of 0.6 will apply to all development and
redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio of 0.75 may be
considered where it can be demonstrated that the increase in the Floor Space Ratio is compatible
and meets the general intent of the policies in this Plan. Staff is of the opinion that the increase will
not be discernible and the development proposal is compatible in this location in that there will be
adequate separation from adjacent residential dwellings and the subject lands front onto an arterial
roadway.
General Intent of the Zoning By-law
Use: The property is zoned A-1 under Zoning By-law 85-1 which does not permit the use of a
multiple dwelling. The current zoning and the Official Plan designation do not correspond. To
address this issue, the City has zoned the property RES-5 under new Zoning By-law 2019-051.
RES-5 permits the use of street townhouse and multiple dwelling units. However, By-law 2019-051
is entirely under appeal due to one appeal. As the future zoning would allow the proposed use, staff
is of the opinion the intent of the Zoning By-law is being maintained.
Front Yard Setback: The intent of the regulation that requires a 10.0 metre setback (in Zoning By-
law 85-1) and 4.5 metres (in Zoning By-law 2019-051) is to ensure appropriate setbacks from the
street to a building are provided. In this circumstance, the proposed 2.1 metre front yard setback is
the result of a road widening of 3.9 metres to be dedicated to the City. Therefore, Staff are of the
opinion that the requested variance for side yard setback meets the general intent of the Zoning By-
law as the pre-widening setback is 6.0 metres.
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. Staff are of the opinion
that the proposed addition of multiple dwelling 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 1.25 parking spaces per unit in Zoning
By-law 85-1 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 use, front yard setback, parking reduction, and increase in FSR are
considered minor as their approval will facilitate the redevelopment of the subject property with a
built form that is contemplated by the Official Plan and new Zoning By-law 2019-051. The variances
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 are 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.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
No Parks/Operations concerns.
Grand River Conservation Authority (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
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 85-1and 2019-051
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward(s)
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-427
SUBJECT: Minor Variance Application A2022-115 - 224 Jeffrey Place
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2022-115 for 224 Jeffrey Place requesting relief from:
a) Section 4.14.7 of Zoning By-law 2019-051, to permit a front porch to have a depth of
1.2 metres instead of the minimum required 1.5 metres;
b) Section 5.4, Table 5-2, b) i) of Zoning By-law 2019-051 to permit an attached garage to
project beyond the front façade of the habitable portion of the dwelling unit by 4.6
metres instead of the maximum permitted 1.8 metres; and
c) Relief from section 5.4, Table 5-2, b) iii) to permit a private garage to project beyond
the front porch;
to facilitate the construction of a new single detached dwelling, generally in accordance with
drawings prepared by Orchard Design Studio Inc., dated June 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 final
date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review variances requesting relief from Section 4.14.7; Section
5.4, Table 5-2, b) i); and Section 5.4, Table 5-2, b), iii) of Zoning By-law 2019-051 to permit a
front porch to have a depth of 1.2 metres instead of the minimum required 1.5 metres, and to
permit the attached garage to project beyond the front façade of the dwelling unit by 4.6 metres
rather than the maximum permitted 1.8 metres and beyond the front of a porch to facilitate the
construction of a new single detached dwelling.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The key finding of this report is that the requested minor variances meet the four tests of the
Planning Act.
There are nofinancial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the southerly side of Jeffrey Place, between Fallowfield Drive and
Anastasia Drive. The subject property is located within the Country Hills East Neighbourhood, which
is comprised of a mix of single detached, duplex, and multiple dwellings.
Location Map 224 Jeffrey Place Photo of Subject Property
Community Areas Urban Structure and is
Low Rise Residential
Residential Four Zone (R-4-law 85-1
Four Zone (RES--law 2019-051, which is currently under appeal.
The purpose of the application is to request relief from the following:
a) Section 4.14.7 of Zoning By-law 2019-051, to permit a front porch to have a depth of 1.2
metres instead of the minimum required 1.5 metres;
b) Section 5.4, Table 5-2, b) i) of Zoning By-law 2019-051 to permit an attached garage to
project beyond the front façade of the habitable portion of the dwelling unit by 4.6 metres
instead of the maximum permitted 1.8 metres; and
c) Relief from section 5.4, Table 5-2, b) iii) to permit a private garage to project beyond the front
of a porch to facilitate the construction of a new single detached dwelling.
Staff note that the adjacent properties along Jeffrey Place have already been constructed to similar
specifications but were completed prior to the approval of Zoning By-law 2019-051.
Planning Staff conducted a site visit on August 29, 2022.
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
Community Areas Urban Structure and is
Low Rise Residential The intent
of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types
while maintaining the low density character of the neighbourhood. Staff are of the opinion that
permitting the requested variances would not impact the low rise residential character of the
surrounding neighbourhood as they would facilitate the construction of a new single detached
dwelling, which use is contemplated in this land use designation. Staff note that the adjacent single
detached dwellings were constructed with similar specifications to their garages and porches; as
such, there would be no impact to the newly established community and would therefore maintain
the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of a maximum garage projection in Zoning By-law 2019-051 is to ensure that the overall
design of the garage and dwelling does not impact the streetscape of the already established
neighbourhood. As the adjacent single detached dwellings in the surrounding community were
recently constructed with similar specifications, the subject property would not deviate from the
existing character of the streetscape. The intent of the minimum 1.5 metre front porch depth in
Zoning By-law 2019-051 is to ensure usability to activate the streetscape; a deficiency of 0.3 metres
will still maintain the usability of the front porch. Staff are of the opinion that the requested variances
meet the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that permitting a shallower front porch and the garage to project further than
the maximum permitted 1.8 metres and past the front porch would not result in any significant
impacts to the function of the subject property or the character of the surrounding community. While
a garage projection exceeding the maximum by 2.8 metres is discernable from the public realm,
adjacent properties possess similar designs that are generally compatible with the surrounding
streetscape. Additionally, the depth deficiency of 0.3 metres will not have a significant impact on the
usability of the front porch; therefore, Staff are of the opinion that the effects of the requested
variances are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances are desirable for the appropriate development and use of the land as they
would facilitate the construction of a new single detached dwelling in a style, massing, and scale
similarly compatible to the adjacent single detached dwellings along Jeffrey Place.
Environmental Planning Comments:
The property is subject to a tree saving area in the rear. As the proposed variances do not impact
the tree saving area Environmental Planning staff has no concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
single detached dwelling unit and it is currently under review.
Engineering Division Comments:
Engineering has no comments.
Parks/Operations Division Comments:
No comments.
Hydro One Comments:
No comments or concerns.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
GRCA Comments:
Recommendation
GRCA has no objection to the above-noted minor variance application.
Documents Reviewed by Staff
GRCA staff have reviewed the following documents submitted with this application,
received on August 26, 2022 from the City of Kitchener:
for Minor Variance (City of Kitchener, July 12, 2022)
, 2022)
)
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 part of the
regulated allowance to floodplain located just south of the property. A copy of our resource mapping is
attached. Due to the presence of the floodplain, a portion of the subject property is regulated by the
GRCA under Ontario Regulation 150/06 Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses Regulation. Any future development within the regulated area on the
subject property will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. We
understand that the subject property is currently a vacant residential lot, proposed for the construction
of a new single detached dwelling. As such, the applicant is seeking relief from zoning by-law
regulations pertaining to the attached garage and front porch depth. Based on the circulated sketch, the
thi
s application. Should you have any
questions, please contact me at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Region of Waterloo 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 he 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
bsite 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 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:
Attachment A Registered Plan of Subdivision
Attachment B Survey of Subject Property
Attachment C Front Elevations
Attachment D Floor Plan
Registered Plan of Subdivision
Survey of Subject Property
Front Elevations
Floor Plan
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File: A 2022-115 - 224 Jeffrey Place
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6 Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Minor Variance Application A 2022-115
224 Jeffrey Place, City of Kitchener
The Ironstone Building Company
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
GRCA staff have reviewed the following documents submitted with this application,
received onAugust 26, 2022 fromthe City of Kitchener:
Application for Minor Variance (City of Kitchener, July 12 2022)
Plan of Subdivision (Van Harten Surveying Inc., 2020)
Sketch for Building Permit Application (Van Harten Surveying Inc., April 25 2022)
Elevation Drawing (Orchard Design Studio Inc., June 2022)
Main Floor Plan (Orchard Design Studio Inc., May 2022)
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
part of the regulated allowance to floodplain located just south of the property. A copy of
our resource mapping is attached.
Due to the presence of thefloodplain, a portion of the subject property is regulated by
the GRCA under Ontario Regulation 150/06 – Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses Regulation.Any future development
within the regulated area on the subject property will require the prior issuance of a
permit pursuant to Ontario Regulation 150/06.
We understand that the subject property is currently a vacant residential lot, proposed
for the construction of a new single detached dwelling. As such, the applicant is seeking
relief from zoning by-law regulations pertaining to the attached garage and front porch
depth. Based on the circulated sketch, the proposed development will be located
outside of GRCA’s regulated area. GRCA has no objection to this minor variance
application and a GRCA permit is not required.
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 me at jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Enclosed: GRCA Resource Map
Copy: The Ironstone Building Company – Owner (via email)
Grand River
Conservation Authority
Date: Aug 29, 2022
Author: AG
224 Jeffrey Place, 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): 543,738.57 4,807,050.33
NAD 1983 UTM Zone 17NScale: 511
This map is not to be used for navigation | 2020 Ortho (ON)
±
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 20, 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 2
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-430
SUBJECT: Consent Application B2022-046 - 78-80 Old Chicopee Drive
Owner: Estate of Mario Kruppa (Trustee Rudy Kruppa)
Applicant: Steven Grant (Madorin, Snyder LLP)
RECOMMENDATION:
That Consent Application B2022-046 requesting consent to sever a parcel of land having a
lot width of 9.9 metres, a lot depth of 39.6, metres and a lot area of 392.24 square metres, BE
DEFERRED to a March 2023 Committee of Adjustment meeting.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend deferral of a consent application proposing to sever
an existing semi-detached dwelling.
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 78 80 Old Chicopee Drive. The property contains an existing
semi-
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Image 1: Location Map (78-80 Old Chicopee Drive)
Image 2: photo of 78 80 Old Chicopee Drive (August 30, 2022)
Image 3 Severance Sketch
Image 4 Aerial view of 78-80 Old Chicopee Drive (Google Earth)
REPORT:
Planning Comments:
Through the detailed review of the consent application, staff observed that there is an existing shed
in the center of the shared rear yard which is located such that it would be bisected by the proposed
property line. This shed is not shown on the proposed severance plan; however, it can be seen in
Google Earth photography (Image 4). The owner has confirmed that the shed exists. In such
circumstances, staff typically recommend that conditions be included requiring that the accessory
structure be demolished or relocated so that it is fully located on either the severed or retained lands.
The owner of the subject lands prefers to retain the shed in situ and would like to explore alternative
options including adjusting the proposed lot line in the rear yard. These solutions will require that the
severance plans be updated to accurately show the size and location of the shed, together with any
revisions to the lot line.
Staff recommend that the proposed consent application be deferred, for a period of up to 6 months
(March 2023) so that plans can be updated and resubmitted for consideration. Depending on the
timing of the solutions, the application may be able to be considered at an earlier meeting of the
Committee of Adjustment. Also, depending on the preferred solution, the application may be subject
to a Deferral Fee.
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
D20-20/22KIT
August 31, 2022
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent Applications B2022-046, B2022-047, B2022-
048, B2022-049, B2022-050, B2022-051, B2022-052, B2022-053,
B2022-054, B2022-055, and B2022-041and Change of Condition
Application CC2022-001
Committee of Adjustment Hearing September 20, 2022
CITY OF KITCHENER
CC2022-001
41 Ardelt Place
M. Lorenti (First ArdeltHoldings Ltd. –Owner); S. Thompson (S Thompson
Development Services Ltd. –Agent)
The owner/applicant is proposing to change consent conditions relating to the design
and installation of services for the severed parcel from B2021-026as per discussions
with City of Kitchener Engineering Staff.
Regional Fee(Advisory Comment):
Regional Staff confirm receipt of the consent review fee for B2021-026. As a result, an
additional Regional Consent Review fee is not required for this application.
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, 2006a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
Document Number: 4166343
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;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
___________________
B2022-046
78-80 Old Chicopee Drive
Estate of Maria Kruppa(Trustee: R. Kruppa -Owner); S. Grant (Madorin, Snyder –
Agent)
The owner/applicant is proposing to sever the existing semi-detached homeinto two
distinct parcels so that the lots can be soldor dealt withindividually.
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 noobjectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
Document Number: 4166343
B2022-047
124 Walker Street
New Villa Group Inc.(Owner) / M. Courtney and D. DaCunha (Agent)
The owner/applicant is proposing to severthe existing lot into two equal parcels for the
construction of semi-detached homes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application 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, 2006a 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;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto 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 per consent application.
2)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
_______________________
Document Number: 4166343
B2022-048 to B2022-055
7, 9, 11, 13, 15, 21, 23, and 25 Shaded Creek Drive
Alex Sumner (Activa Holdings Inc. –Owner)/ P. Chauvin and R. Wolff (MHBC
Planning Ltd. –Agent)
The owner/applicant is proposing to create rear yard access easements for the street
fronting townhouse lots fronting on to Shaded Creek Drive, which is part of Plan of
Subdivision 30T-08203 (Stage 4), Registered Plan 58M-670.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application prior to final approval of the consent.
The Region has no objectionto 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 per consent application.
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
SeniorPlanner
Document Number: 4166343
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 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 2
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-439
SUBJECT: Consent Application B2022-047 - 124 Walker Street
Owner: New Villa Group Inc.
Agent: Mitchell Courtney
RECOMMENDATION:
That Consent Application B2022-047 requesting consent to sever a parcel of land having a
lot width of 8.6 metres, a lot depth of 31.1 metres and a lot area of 270 square metres, BE
APPROVED subject to the following conditions:
1. solicitor shall provide draft transfer documents and
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
2. That the 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 provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
s Mapping Technologist.
4. That the property owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
5. That the property owner submit a Development Asset Drawing (digital AutoCAD) for
the site (servicing, SWM etc.) with corresponding layer names and asset information
endorsement.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
6. That the property owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of the City's
Director of Engineering Services.
7.
expense prior to occupa
Engineering Services.
8. That the property owner provides confirmation that the basement elevation can be
Engineering Services. If this is not the case, then the owner will need to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer from the
Services.
9. That the property owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication equal to $3,992.80 of the value of the lands to be severed.
10. 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 owner shall prepare a Tree Preservation and Enhancement Plan, in
and preservation of the City-owned tree that is located adjacent to the severed
Parks and Cemeteries. Said plan 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
Director Parks 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
ector
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
said plan shall
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,
11. That prior to final approval, the property owner shall make financial arrangements for the
Consent Application Review Fee of $350.00 to the Region of Waterloo.
12. That a valid Notice of Source Protection Plan Compliance (section 59 notice) as per
the Clean Water Act, 2006 be submitted to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for consent to sever a semi-detached
dwelling, which is under construction, 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.
BACKGROUND:
The subject property is within in the Centreville Chicopee Neighbourhood and is located west of
River Road East and east of Weber Street East. Community
Areas Urban Low Rise Residential Land Use
Residential Four Zone (R-4-
law 85-1 Low Rise Residential Four (RES--law 2019-051, which is currently
under appeal.
The applicant is requesting consent for the semi-detached dwelling, currently under construction, so
that each half of the semi-detached unit may be dealt with independently.
nd
City staff conducted a site inspection on September 2, 2022.
Figure 1: Location of Subject Property
Figure 1: Front view of the subject property
Figure 3: Proposed Severance Plan
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 application for sever the semi-detached dwelling 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 high order transit and
the subject lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The consent application to
sever the semi-detached dwelling, currently under construction, 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.
Official Plan (2014)
Community Areas Urban Structure and is
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;
The subject lot is noted with the blue dot in the image below. The semi-
detached dwelling built form is compatible with the dwelling types and sizes
in the neighbourhood and the proposed lot sizes will also be compatible with
the pattern of the surrounding lands with respect to 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)
Zoning By-law 85-1/2019-051
The subject property is zoned as Residential Four (R-4) in Zoning By-law 85-1 Low Rise
Residential Four (RES--law 2019-051.
---density dwelling types such as single
detached, semi-detached, and duplex dwellings. Restrictively, -- a
minimum lot width of 7.5 metres and minimum lot area of 210 square metres. The proposed lot
--
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed a
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 concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
No objections.
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 and water municipal services are
currently available to service this property. Any further enquiries in this regard should be directed
to Eric Riek (eric.riek@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 one (1) new
development lot will be created. The cash-in-lieu dedication required is $3,992.80. Park Dedication
is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal
frontage of (8.68m) at a land value of $9,200 per frontage meter.
A City-owned tree (tree ID #10047443) 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:
i. That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to the
Cemeteries. Said plan shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved. No changes to the said plan shall be granted except with the prior
ii.The owner shall implement the Tree Protection and Enhancement Plan, prior to
any grading, servicing, tree removal or the issuance of building permits, to the
iii. The owner shall maintain the severed and retained lands, in accordance with the
approved Tree Protection and Enhancement Plan, for the life the development.
OR
2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor
and registered on title of the severed and retained lands, which shall include the following:
i. That the owner shall prepare a Street Tree Planting Plan that shows the
replacement of the City-owned tree to be removed with 2 suitable trees, in
accordance with the City of Kitchener Development Manual Standards, to the
. No changes to the said
Cemeteries.
ii. The owner shall implement the approved Street Tree Planting Plan, to the
OR
3. Make arrangements regarding financial compensation for the tree to be removed to the
Transportation Planning Comments:
No concerns.
Region of Waterloo Comments:
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent
application 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.
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 per consent application.
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
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
D20-20/22KIT
August 31, 2022
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent Applications B2022-046, B2022-047, B2022-
048, B2022-049, B2022-050, B2022-051, B2022-052, B2022-053,
B2022-054, B2022-055, and B2022-041and Change of Condition
Application CC2022-001
Committee of Adjustment Hearing September 20, 2022
CITY OF KITCHENER
CC2022-001
41 Ardelt Place
M. Lorenti (First ArdeltHoldings Ltd. –Owner); S. Thompson (S Thompson
Development Services Ltd. –Agent)
The owner/applicant is proposing to change consent conditions relating to the design
and installation of services for the severed parcel from B2021-026as per discussions
with City of Kitchener Engineering Staff.
Regional Fee(Advisory Comment):
Regional Staff confirm receipt of the consent review fee for B2021-026. As a result, an
additional Regional Consent Review fee is not required for this application.
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, 2006a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
Document Number: 4166343
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;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
___________________
B2022-046
78-80 Old Chicopee Drive
Estate of Maria Kruppa(Trustee: R. Kruppa -Owner); S. Grant (Madorin, Snyder –
Agent)
The owner/applicant is proposing to sever the existing semi-detached homeinto two
distinct parcels so that the lots can be soldor dealt withindividually.
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 noobjectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
Document Number: 4166343
B2022-047
124 Walker Street
New Villa Group Inc.(Owner) / M. Courtney and D. DaCunha (Agent)
The owner/applicant is proposing to severthe existing lot into two equal parcels for the
construction of semi-detached homes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application 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, 2006a 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;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto 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 per consent application.
2)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
_______________________
Document Number: 4166343
B2022-048 to B2022-055
7, 9, 11, 13, 15, 21, 23, and 25 Shaded Creek Drive
Alex Sumner (Activa Holdings Inc. –Owner)/ P. Chauvin and R. Wolff (MHBC
Planning Ltd. –Agent)
The owner/applicant is proposing to create rear yard access easements for the street
fronting townhouse lots fronting on to Shaded Creek Drive, which is part of Plan of
Subdivision 30T-08203 (Stage 4), Registered Plan 58M-670.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application prior to final approval of the consent.
The Region has no objectionto 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 per consent application.
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
SeniorPlanner
Document Number: 4166343
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 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 4
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-438
SUBJECT: Consent Applications B2022-048 to 055 (inclusive)
7, 9, 11, 13, 15, 21, 23 and 25 Shaded Creek Drive
Owner: Activa Holdings Inc.
Agent: Rachel Wolff, MHBC Planning
RECOMMENDATIONS:
7 Shaded Creek Drive
That Consent Application B2022-048 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Part 95 on Reference
Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
9 Shaded Creek Drive
That Consent Application B2022-049 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Part 96 on Reference
Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
11 Shaded Creek Drive
That Consent Application B2022-050 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Parts 97 and 98 on
Reference Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
in c
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
13 Shaded Creek Drive
That Consent Application B2022-051 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Parts 99 and 100 on
Reference Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
or, Development Applications:
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
15 Shaded Creek Drive
That Consent Application B2022-052 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Part 101 on Reference
Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. dertaking, to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
Stand
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
21 Shaded Creek Drive
That Consent Application B2022-053 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Parts 102 and 103 on
Reference Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
Mapping Technologist.
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
23 Shaded Creek Drive
That Consent Application B2022-054 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Parts 104 and 105 on
Reference Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. That a satisfactory Solic, to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
25 Shaded Creek Drive
That Consent Application B2022-055 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Part 106 on Reference
Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
Mapping Technologist.
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to provide a recommendation for the approval of the request to
create 0.9 metre rear yard access easements for proposed street fronting townhouse units.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
Location Map 7, 9, 11, 13, 15, 21, 23 and 25 Shaded Creek Drive
View of subject properties
The subject properties are located at 7, 9, 11, 13, 15, 21, 23 and 25 Shaded Creek Drive, in close
proximity to the intersection of Stauffer Woods Trail and New Dundee Road.
The subject properties are Community Areas Urban Structure and are
Low Rise Residential
The properties are Residential Six Zone (R-6with Special Regulation Provisions 685R,
687R, 689R in Zoning By-law 85-1-
Site-Specific Provisions 306, 308 and 310 in Zoning By-law 2019-051, which is currently
under appeal.
The purpose of the application is to create 0.9 metre wide easements for access to the rear yard of
the street fronting townhouse dwelling units addressed as 7, 9, 11, 13, 15, 21, 23 and 25 Shaded
Creek Drive.
Proposed Easements Plan 58R-21143
REPORT:
Planning Comments:
The applicant is requesting consent to create a total of 8 easements to allow for rear yard access for
interior townhouse dwelling units. The proposed easements measure 0.9 metres in width and vary
in length and depth according to the varying lot sizes and the locations of the easements.
Staff does not have any concerns with the applications as the easements are required by the Zoning
By-law. 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 theeasements areconsidered good
Environmental Planning Comments:
No natural heritage or tree management policy concerns.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed consents.
Engineering Division Comments:
Engineering Division has no comments.
Parks/Operations Division Comments:
No requirements - creation of a 0.9m rear yard access easements. Parkland Dedication has been
taken through Draft Plan of Subdivision Application 30T-08203 and easements anticipated through
Site Plan Application SP22/096/S/TS.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
The owner/applicant is proposing to create rear yard access easements for the street fronting
townhouse lots fronting on to Shaded Creek Drive, which is part of Plan of Subdivision 30T-08203
(Stage 4), Registered Plan 58M-670.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent
application 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 per consent 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 (ROP)
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
DSD-2022-352
Peter Ellis
519-503-2536
D20-20/22KIT
August 31, 2022
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent Applications B2022-046, B2022-047, B2022-
048, B2022-049, B2022-050, B2022-051, B2022-052, B2022-053,
B2022-054, B2022-055, and B2022-041and Change of Condition
Application CC2022-001
Committee of Adjustment Hearing September 20, 2022
CITY OF KITCHENER
CC2022-001
41 Ardelt Place
M. Lorenti (First ArdeltHoldings Ltd. –Owner); S. Thompson (S Thompson
Development Services Ltd. –Agent)
The owner/applicant is proposing to change consent conditions relating to the design
and installation of services for the severed parcel from B2021-026as per discussions
with City of Kitchener Engineering Staff.
Regional Fee(Advisory Comment):
Regional Staff confirm receipt of the consent review fee for B2021-026. As a result, an
additional Regional Consent Review fee is not required for this application.
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, 2006a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
Document Number: 4166343
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;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
___________________
B2022-046
78-80 Old Chicopee Drive
Estate of Maria Kruppa(Trustee: R. Kruppa -Owner); S. Grant (Madorin, Snyder –
Agent)
The owner/applicant is proposing to sever the existing semi-detached homeinto two
distinct parcels so that the lots can be soldor dealt withindividually.
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 noobjectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
Document Number: 4166343
B2022-047
124 Walker Street
New Villa Group Inc.(Owner) / M. Courtney and D. DaCunha (Agent)
The owner/applicant is proposing to severthe existing lot into two equal parcels for the
construction of semi-detached homes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application 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, 2006a 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;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto 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 per consent application.
2)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
_______________________
Document Number: 4166343
B2022-048 to B2022-055
7, 9, 11, 13, 15, 21, 23, and 25 Shaded Creek Drive
Alex Sumner (Activa Holdings Inc. –Owner)/ P. Chauvin and R. Wolff (MHBC
Planning Ltd. –Agent)
The owner/applicant is proposing to create rear yard access easements for the street
fronting townhouse lots fronting on to Shaded Creek Drive, which is part of Plan of
Subdivision 30T-08203 (Stage 4), Registered Plan 58M-670.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application prior to final approval of the consent.
The Region has no objectionto 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 per consent application.
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
SeniorPlanner
Document Number: 4166343
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat 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: September 20, 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 3
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-436
SUBJECT: Change of Conditions Consent Application CC 2022-001
41 Ardelt Place
Owner: Marco Lorenti, First Ardelt Holdings
Applicant: Steve Thompson, S Thompson Development Services
RECOMMENDATION:
That Committee of Adjustment Decision B 2021-026 dated, May 18, 2021, be amended as
follows:
1. That Conditions 3, 4, 5, 6, and 8 be deleted and replaced with the following condition:
That the owner shall enter into an agreement with the City of Kitchener to be
prepared by the City Solicitor which shall acknowledge that the severed lands
are un-serviced and shall provide for the installation of services and service
connections to the severed lands to be completed prior to any future
development of the severed lands. The agreement shall further require the owner
to include a notice provision in all future agreements of purchase and sale for
the severed lands advising potential purchasers that the severed lands are un-
serviced. The said agreement shall be to the satisfaction of the Director of
Engineering and the City Solicitor and shall be registered on title to the severed
lands.
REPORT HIGHLIGHTS:
The purpose of this report is change conditions of Consent Application Decision B 2021-026.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is designated as Heavy Industrial Employment
is zoned as Heavy Industrial Zone (M-4) with Special Regulation Provision 331R in Zoning By-law
85-1. Committee of Adjustment Decision B 2021-026 recommended approval of a consent
application to sever the subject lands at 41 Ardelt Place into two lots subject to approval of 9
conditions. The owner is requesting to change the conditions of Decision B 2021-026.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT:
Planning Comments:
On May 18, 202, Decision B 2021-026 recommended approval for a consent application to sever
the subject lands at 41 Ardelt Place into two lots. The severed lot would have lot frontage along
Ardelt Place with of 21.3 metres of frontage and an area of 36,760 square metres (3.676 ha), while
the retained lot would continue to have lot frontage along Ardelt Place with 183 metres and an area
of 31,340 square metres (3.143 ha). The proposed lot widths and lot areas fully comply with the M-
4 zone lot width and lot area requirements. The owner is requesting to delete conditions 3, 4, 5, 6,
and 8 of Committee of Adjustment Decision B 2021-026, dated May 18, 2021, which are all
Engineering conditions, and proposing to replace these conditions with a condition requiring the
registration of an agreement. Engineering staff have advised the conditions can be deferred to a
future site plan process. Planning staff have no concerns with the proposed change of conditions.
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 change of conditions.
Engineering Division Comments:
No Engineering concerns. Engineering staff support the removal of the requested conditions which
are being replaced with a condition for an agreement, to be registered on title, advising services are
not available for the severed lot and that all servicing requirements will be deferred to a future site
plan approval application.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
No Transportation Planning concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
DSD-2021-77 Report, Consent Application B2021-026
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
Attachments: Committee of Adjustment Decision B2021-026
Peter Ellis
519-503-2536
D20-20/22KIT
August 31, 2022
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent Applications B2022-046, B2022-047, B2022-
048, B2022-049, B2022-050, B2022-051, B2022-052, B2022-053,
B2022-054, B2022-055, and B2022-041and Change of Condition
Application CC2022-001
Committee of Adjustment Hearing September 20, 2022
CITY OF KITCHENER
CC2022-001
41 Ardelt Place
M. Lorenti (First ArdeltHoldings Ltd. –Owner); S. Thompson (S Thompson
Development Services Ltd. –Agent)
The owner/applicant is proposing to change consent conditions relating to the design
and installation of services for the severed parcel from B2021-026as per discussions
with City of Kitchener Engineering Staff.
Regional Fee(Advisory Comment):
Regional Staff confirm receipt of the consent review fee for B2021-026. As a result, an
additional Regional Consent Review fee is not required for this application.
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, 2006a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
Document Number: 4166343
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;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
___________________
B2022-046
78-80 Old Chicopee Drive
Estate of Maria Kruppa(Trustee: R. Kruppa -Owner); S. Grant (Madorin, Snyder –
Agent)
The owner/applicant is proposing to sever the existing semi-detached homeinto two
distinct parcels so that the lots can be soldor dealt withindividually.
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 noobjectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
Document Number: 4166343
B2022-047
124 Walker Street
New Villa Group Inc.(Owner) / M. Courtney and D. DaCunha (Agent)
The owner/applicant is proposing to severthe existing lot into two equal parcels for the
construction of semi-detached homes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application 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, 2006a 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;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto 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 per consent application.
2)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
_______________________
Document Number: 4166343
B2022-048 to B2022-055
7, 9, 11, 13, 15, 21, 23, and 25 Shaded Creek Drive
Alex Sumner (Activa Holdings Inc. –Owner)/ P. Chauvin and R. Wolff (MHBC
Planning Ltd. –Agent)
The owner/applicant is proposing to create rear yard access easements for the street
fronting townhouse lots fronting on to Shaded Creek Drive, which is part of Plan of
Subdivision 30T-08203 (Stage 4), Registered Plan 58M-670.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application prior to final approval of the consent.
The Region has no objectionto 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 per consent application.
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
SeniorPlanner
Document Number: 4166343
September 1, 2022 via email
GRCA File:September 20,2022 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 – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority