HomeMy WebLinkAboutCA Agenda - 2022-10-18Committee of Adjustment
Agenda
Tuesday, October 18, 2022, 10:00 a. m. - 12:00 p.m.
Electronic Meeting
(Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended,
and Ontario Regulations 197/96 and 200/96, as amended)
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically
TUESDAY, OCTOBER 18, 2022, commencing at 10:00 a.m. for the purpose of hearing the following
applications for Minor Variance and/or Consent.
The City of Kitchener has aligned with provincial changes to COVID-19 restrictions and City Hall is
now open for in person services, but appointments are still being encouraged. The City remains
committed to safety of our patrons and staff and continue to facilitate electronic meeting participation
for members of the public.
Applicants or Agents must register to participate electronically in support of the application. This is a
public meeting, anyone having an interest in any of these applications may register to participate
electronically as a delegation or submit comments for Committee consideration.
If you wish to register, please email CofA@kitchener.ca or via phone at 519-741-2203. Please note
this electronic meeting is a public meeting and will be recorded.
Pages
1. COMMENCEMENT
2. MINUTES
That the regular minutes of the Committee of Adjustment meeting held
September 20, 2022, as circulated to the members, be accepted.
3. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT
TO THE PLANNING ACT
3.1. A 2022-116 - 67 Eton Drive, DSD -2022-446 6
Requesting a minor variance to the Zoning By -Law to construct a single
detached dwelling with a covered rear deck having a rear yard setback of
6.9m rather than the required 7.5m.
3.2. A 2022-117 - 359 Guelph Street, DSD -2022451 16
Requesting a minor variance to the Zoning By -Law to convert a single
detached dwelling into a duplex, requiring minor variances from Zoning
By -Law 85-1 to permit the required parking space to be located Om from
the street (property) line rather than the minimum required 6m; a
driveway to have a maximum width of 9.1 m rather than the maximum
permitted 8m or 50% of the lot width; and, minor variance from Zoning
By -Law 2019-051 to permit the required parking space to be located Om
from the street (property) line rather than the minimum required 6m; a
driveway having a maximum width of 9.1m rather than the maximum
permitted 6.2m or 40% of the lot width and the maximum permitted 8m.
3.3. A 2022-118 -11 Oneida Place, DSD -2022-454 26
Requesting a minor variance to the Zoning By -Law to legalize a covered
rear deck in the rear yard of an existing single detached dwelling having
a rear yard setback of 7.Om rather than required 7.5m.
3.4. A 2022-119 -16 Upper Canada Drive, DSD -2022-465 35
Requesting a minor variance to the Zoning By -Law from Zoning By -Law
85-1 and Zoning By -Law 2019-051 to convert an existing single detached
dwelling into a duplex by converting the garage to living space having the
required parking space to be located 2.7m from the street (property) line
rather than the minimum required 6m.
3.5. A 2022-120 - 77 Lancaster Street West, DSD -2022-459 44
Requesting a minor variance to the Zoning By -Law from Zoning By -Law
85-1 to legalize an existing multi -residential dwelling containing 7 -units to
have a parking rate of 1.15 spaces per dwelling unit (8 parking spaces)
rather than the minimum required 1.25 spaces per dwelling unit (9
parking spaces); 1 visitor parking space rather than the minimum
required 2 visitor parking spaces; the required parking to be located
between the facade and the front lot line, 1.5 m from the street line rather
than the minimum required 3m; and, a minor variance from Zoning By -
Law 2019-051 to permit the required parking spaces to be located in the
front yard within 3m of the front lot line, to bring an existing 7 multiple
dwelling unit into compliance with the Zoning By -Laws.
3.6. A 2022-121 - 24 Chestnut Street, DSD -2022-464 57
Requesting a minor variance to the Zoning By -Law to permit an interior
side yard setback of 0.7m rather than the minimum required 1.2m to
facilitate the construction of an addition in the rear yard of an existing
single detached dwelling.
Page 2 of 154
3.7. A 2022-122 - 3 Evenstone Avenue, DSD -2022-445, DSD -2022-445 68
Requesting a minor variance to the Zoning By -Law from Zoning By -Law
85-1 to permit construction of an addition to convert an existing single
detached dwelling into a duplex having a side yard setback abutting a
street, for a building accommodating off-street parking to be 4.5m rather
than the minimum required 6m; a parking space to be located in the front
yard, 9m from the side yard abutting the street lot line (that shall not be
located 12m from the front lot line); and, a minor variance from Zoning
By -Law 2019-051 to permit an exterior side yard setback of 4.5m rather
than the minimum required 6m; an attached garage to extend 3m beyond
the front facade of the habitable portion of the dwelling rather than the
maximum permitted 1.8m; the attached garage to be constructed without
a front porch whereas the Zoning By -Law requires private garages
projecting beyond the habitable portion of the front facade of a dwelling
unit to have a front porch; a parking space to be located in the front yard,
7m from the exterior side lot line (that shall not be located in the exterior
side yard, 7m from the front lot line), to facilitate the construction of an
additional dwelling unit having an addition with an attached garage, onto
an existing single detached dwelling unit.
3.8. A 2022-123 - 109 Park Street, DSD -2022-453 78
Requesting a minor variance to the Zoning By -Law to permit a minimum
lot width of 12.1 m rather than the minimum required 15m, to legalize an
existing triplex dwelling.
3.9. A 2022-124 - 34 Dooley Drive, DSD -2022-455 89
Requesting a minor variance to the Zoning By -Law from Zoning By -Law
85-1 and Zoning By -Law 2019-051 to permit the required parking space
to be located 1 m from the street (property) line rather than the minimum
required 6m, to facilitate the conversion of an existing single detached
dwelling into a duplex dwelling.
3.10. A 2022-125 -120 Walker Street, DSD -2022-457 99
Requesting a minor variance to the Zoning By -Law from Zoning By -Law
85-1 to permit two pedestrian entrances on the street facade of each of
the proposed semi-detached dwelling units whereas the Zoning By -Law
permits only one pedestrian entrance on the front facade; and, a minor
variance from Zoning By -Law 2019-051 to permit a rear yard setback of
3m rather than the required 7.5m for each the proposed semi-detached
dwelling units, to facilitate the construction of a semi-detached duplex
dwelling.
Page 3 of 154
3.11. A 2022-126 - 44 Rusholme Road, DSD -2022-460 109
Requesting a minor variance to the Zoning By -Law to permit an interior
side yard setback of 1.5m rather than the minimum required 3m, to
facilitate the construction of an addition in the rear yard of an existing
single detached dwelling.
3.12. B 2022-056, A 2022-127 & A 2022-128 -192 Woolwich Street, DSD- 124
2022-452
Requesting permission to sever a parcel of land having a width of
33.47m, a depth of 115.05m and an area of 4,586 sq.m. The retained
land will have a width of 25.79m, a depth of 93.35m and an area of 3,595
sq.m. The severed parcel will require a minor variance to the Zoning By -
Law to permit a lot width of 33.47m rather than the required 60m; and, a
minimum side yard setback of 2m rather than the required 7.5m. The
severed land will require a minor variance to the Zoning By -Law to permit
a minimum lot area of 3,595 sq.m. rather than the required 0.4 hectares;
a minimum lot width of 25.97m rather than the required 60m; and, a side
yard setback of 2m rather than the required 7.5m. Both parcels are
intended for residential use.
4. ADJOURNMENT
Page 4 of 154
5. PLANNING ACT INFORMATION
• additional information is available at the Legislated Services
Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-
741-2203).
copies of written submissions/public agencies' comments are available
the Friday afternoon prior to the meeting on the City of Kitchener
website www.kitchener.ca in the online Council and Committee
calendar; see the meeting date for more details.
anyone having an interest in any of these applications may attend this
meeting.
a person or public body that files an appeal of a consent decision of the
Committee of Adjustment must make written submissions to the
Committee before the Committee gives or refuses to give a Provisional
Consent otherwise the Ontario Land Tribunal (OLT) may dismiss the
appeal.
any personal information received in relation to this meeting is collected
under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13,
and will be used by the City of Kitchener to process Committee of
Adjustment applications. Questions about the collection of information
should be directed to Marilyn Mills at marilyn.mills@kitchener.ca.
if you wish to be notified of a decision you must make a written request
to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200
King St. W., Kitchener ON, N2G 4G7; this request also entitles you to
be advised of a possible Ontario Land Tribunal hearing; even if you are
the successful party you should make this request as the decision could
be appealed by the applicant or another party.
The Notice of Hearing for this meeting was published in the Record on the 1st
day of October, 2022.
Marilyn Mills
Acting Secretary -Treasurer
Committee of Adjustment
Page 5 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: October 7, 2022
REPORT NO.: DSD -2022-446
SUBJECT: Minor Variance Application A2022-116 - 67 Eton Drive
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2022-116 for 67 Eton Drive requesting relief from Section
5.6A.4(d) of Zoning By-law 85-1, to permit a covered rear deck to have a rear yard setback of
6.9 metres instead of the minimum required 7.5 metres to facilitate the addition of a covered
rear yard deck onto the existing dwelling generally in accordance with drawings prepared by
Progressive Engineering Services Ltd. dated June 27, 2022, and drawings prepared by
Bobicon Ltd. dated May 15, 2022, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to permit a rear covered
deck to have a rear yard setback of 6.9 metres instead of the minimum required 7.5 metres to
facilitate the addition of a covered rear yard deck onto the existing dwelling.
• The key finding of this report is that the requested minor variances meet the 4 tests of the
Planning Act.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the westerly side of Eton Drive, between Rosemount Drive and
Heather Avenue. The subject property is located within the Rosemount Neighbourhood, which is
predominantly comprised of low rise residential uses.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 6 of 154
Photo of Subject Property
Location Map: 67 Eton Drive
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Three Zone (R-3)', in Zoning By-law 85-1 and `Low Rise
Residential Two Zone (RES -2)' in Zoning By-law 2019-051, which is currently under appeal.
The purpose of the application is that the applicant is requesting relief from Section 5.6A.4(d) of
Zoning By-law 85-1, to permit a covered rear deck to have a rear yard setback of 6.9 metres instead
of the minimum required 7.5 metres to facilitate the addition of a covered rear yard deck onto the
existing dwelling.
A minor variance is not required to Zoning By-law 2019-051 as the minimum required rear yard
setback for a covered rear yard deck in this by-law is 4 metres.
Page 7 of 154
The applicant intends to build a rear covered deck attached to the main dwelling, which is also under
construction. While the deck itself is shown to be 7 metres to the rear lot line, the requested variance
is meant to address the overhanging cover which will measure 6.9 metres to the rear lot line.
Location of Requested Variances
Planning Staff conducted a site visit on September 291h, 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
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The 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. Official Plan policy 4.C.1.8 details
criteria that should be considered where a minor variance is requested. Subsections `c' and `d'
specify that: modifications to existing structures are compatible in scale, massing, design, and
character to adjacent properties and the streetscape; that modifications are sensitive to the exterior
areas of adjacent properties; and that appropriate buffering or screening is provided to mitigate any
adverse impacts, particularly with respect to privacy. Staff are of the opinion that the siting of the
deck is compatible in scale and massing to the rear abutting property (34 Cambridge Avenue) as
there are no dwelling structures directly abutting the rear lot line. The proposed rear yard covered
deck space is a typical and natural extension of a single detached dwelling and a sufficient rear yard
setback will still be provided. Therefore, it is the opinion of staff that the requested variance meets the
general intent of the Official Plan.
Page 8 of 154
General Intent of the Zoning By-law
The intent of the 7.5 metre rear yard setback requirement in Zoning By-law 85-1 is to maintain both
an adequate level of privacy and separation between abutting properties and an adequately sized
outdoor amenity space in the rear yard. A 6.9 metre setback will still maintain an appropriate setback
and an appropriately sized read yard. Staff also note that when Zoning By-law 2019-051 comes into
effect for the residentially zoned properties, the requested variance will no longer be necessary as it
will permit a minimum rear yard setback of 4 metres for attached covered decks. The requested
variance will maintain the intent of the Zoning By-law.
Are the Effects of the Variances Minor?
Staff are of the opinion that the effects of the requested variance will be minor as the approval of a
6.9 metre rear yard setback will maintain an appropriate rear yard setback, not inhibit the functioning
of the rear yard and will not be discernable to the public or by adjacent properties. The location,
massing and design of the proposed rear deck will not have an impact on the adjacent properties or
neighbourhood.
Is/Are the Variances 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 is desirable and appropriate
as it facilitate the construction of an appropriately sized covered rear yard deck space off of the
existing single detached dwelling that will meet all other zoning requirements. It will provide a
covered amenity area in addition to the open rear yard amenity area.
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
covered deck is obtained prior to construction. Please contact the Building Division at
building6-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.
Region of Waterloo Comments:
No concerns.
GRCA Comments:
No concerns.
CN Rail Comments:
No comments.
Page 9 of 154
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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 1: Grading Plan
Attachment 2: Proposed Main Floor Layout (Showing Rear Deck)
Page 10 of 154
ATTACHMENTS:
Grading Plan
Page 11 of 154
Proposed Main Floor Layout (Showing Rear Deck)
Page 12 of 154
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Page 12 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 13 of 154
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
2
Page 14 of 154
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September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
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Page 15 of 154
Staff Report
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: October 7, 2022
REPORT NO.: DSD -2022-451
SUBJECT: Minor Variance Application A2022-117 - 359 Guelph Street
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-117 for 359 Guelph Street requesting relief
from:
1) Section 6.1.1.1 b) i) of Zoning By-law 85-1, to permit the required parking space to
be located 0 metres from the street (property) line instead of the minimum required
6 metres; and
2) Section 6.1.1.1 b) ii) of Zoning By-law 85-1 to permit a driveway to have a maximum
width of 9.1 metres instead of the maximum 50% or 8 metres, whichever is the
lesser;
to legalize the parking configuration in the existing driveway, generally in
accordance with the plan submitted with Minor Variance Application A2022-117, to
facilitate the conversion of the existing single detached dwelling into a duplex
dwelling, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-117 for 359 Guelph Street requesting relief
from:
1) Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit the required parking space
to be located 0 metres from the street (property) line instead of the minimum
required 6 metres; and
2) Section 5.4, Table 5-3 of Zoning By-law 2019-051, to permit a driveway to have a
maximum width of 9.1 metres instead of the maximum 6.2 metres (40% of lot
width); and
3) Section 5.4 f) of Zoning By-law 2019-051, to permit a driveway to have a maximum
width of 9.1 metres instead of the maximum permitted 8 metres;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 16 of 154
to legalize the parking configuration in the existing driveway, generally in
accordance with the plan submitted with Minor Variance Application A2022-117, to
facilitate the addition of a new dwelling unit (ADU) (Attached) to the existing single
detached dwelling, 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 minor variances to Zoning By-laws 85-1 and 2019-051
to legalize the existing parking configuration to facilitate the conversion of the existing single
detached dwelling into a duplex dwelling.
• The key finding of this report is that the requested minor variances meet the four tests of the
Planning Act.
• There are no financial implications.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the southerly side of Guelph Street, between Ellis Avenue and
Ahrens Street West. The subject property is located within the Mount Hope Huron Park
Neighbourhood and surrounded by predominantly low rise residential uses.
Photo of Subject Property
Page 17 of 154
Location Map: 359 Guelph Street
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Five Zone (R-5)' 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.
Location of Proposed Variances
Page 18 of 154
The purpose of the application is to request relief from:
Zoning By-law 85-1 to permit the required parking space to be located 0 metres from the
street (property) line instead of the minimum required 6 metres; to permit a driveway to have
a maximum width of 9.1 metres instead of the maximum 50% or 8 metres, whichever is the
lesser; and
Zoning By-law 2019-051 to permit the required parking space to be located 0 metres from
the street (property) line instead of the minimum required 6 metres; to permit a driveway to
have a maximum width of 9.1 metres instead of the maximum 6.2 metres (40% of lot width);
and to permit a driveway to have a maximum width of 9.1 metres instead of the maximum
permitted 8 metres.
to legalize the existing parking configuration to facilitate the conversion of the existing single
detached dwelling into a duplex dwelling.
Planning Staff conducted a site visit on September 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
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The 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. Official Plan policy 4.C.1.8 details
criteria that should be considered where a minor variance is requested. Subsections `b' and `e'
specify that the requested variances should ensure that "where front yard setback reductions are
proposed for new buildings in established neighbourhoods, the requested front yard setback should
be similar to adjacent properties and supports and maintain the character of the streetscape and the
neighbourhood", and that "the lands can function appropriately and not create unacceptable adverse
impacts for adjacent properties by providing both an appropriate number of parking spaces and an
appropriate landscaped/amenity area on the site". Permitting the requested variances would
facilitate the conversion of the subject property into a duplex, which is a permitted use in the land
use designation and provide a form of gentle of intensification in the community while preserving the
built form of the property. Staff are of the opinion that the requested variances meet the intent of the
Official Plan.
General Intent of the Zoning By-law
The intent of the 6 metre setback from the street line for the required off-street parking in both Zoning
By-law 85-1 and 2019-051 is to ensure that a vehicle can be safely parked without impacting City
and public rights -of -ways or access for the surrounding properties. The required setback also
ensures clear visibility lines when exiting the driveway. While 0 metres is a significant deficiency
from zoning regulations, staff note that the existing parking configuration has functioned for several
years without issue and that adjacent properties also maintain a similar off-street parking setback.
Recognizing the existing parking configuration will permit the proposed duplex use to provide a
sufficient amount of off-street parking on site. As access to the subject property or adjacent
properties is not impeded, Staff are of the of the opinion that the proposed variances meet the
general intent of the Zoning By-laws.
Page 19 of 154
Is/Are the Effects of the Variance(s) Minor?
The parking configuration has existed for a number of years and maintains a similar setback to the
neighbouring property at 367 Guelph Street. While a 0 metre setback deficiency is discernible from
the public realm, there are no anticipated impacts to the pedestrian right-of-way, parking
requirements, or neighbouring properties. Staff note that the parking spaces are provided side-by-
side rather than in tandem which is permitted for duplexes. 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 it
would facilitate the conversion of the existing single detached dwelling into a duplex dwelling while
ensuring that an appropriate number of parking spaces for the subject property are provided.
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.
Engineering Division Comments:
Engineering has no concerns.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services have no concerns to legalize the existing parking conditions to support a
zero (0) metre parking setback from the street (property) line and a wider driveway width.
Region of Waterloo Comments:
No comments.
GRCA Comments:
No concerns.
CN Rail 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
Page 20 of 154
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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 of Subject Property
Page 21 of 154
Attachments:
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Survey of Subject Property
Page 22 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 23 of 154
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
2
Page 24 of 154
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September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 25 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: October 7, 2022
REPORT NO.: DSD -2022-454
SUBJECT: Minor Variance Application A2022-118
11 Oneida Place
Owners: David and Krista Kiers
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2022-118 for 11 Oneida Place requesting relief from Section
5.6A.4 d) of Zoning By-law 85-1, to permit a covered rear deck to have a rear yard setback of
7 metres instead of the minimum required 7.5 metres to facilitate the addition of a covered
rear yard deck onto the existing dwelling, generally in accordance with drawings prepared
by PRB Residential Design, dated February 14, 2020, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the construction
of a covered rear yard deck.
• 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.
Page 26 of 154
Location Map of 11 Oneida Place (subject property).
BACKGROUND:
The subject property is located on the west side of Oneida Place and is located near the intersection
of Oneida Place and Grand River Boulevard. The subject property currently contains a single
detached dwelling. The area is predominantly a low-rise low-density residential neighbourhood.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1 and `Low Rise
Residential Two Zone (RES -2) in Zoning By-law 2019-051 which is currently under appeal.
The purpose of the subject minor variance application is to facilitate the construction of a covered
rear yard deck on the subject property. Specifically, the variance is as follows:
• to permit a rear yard setback of 7 metres instead of the minimum required 7.5 metres in
Zoning By-law 85-1.
A minor variance is not required to Zoning By-law 2019-051 as the minimum required rear yard
setback for a covered rear yard deck in this by-law is 4 metres.
Planning staff conducted a site inspection on September 30, 2022.
Page 27 of 154
Site Visit Photo of 11 Oneida Place (subject property).
Rear Yard photo showing location of the proposed rear yard covered deck.
Page 28 of 154
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Sketch of location of proposed rear yard deck and 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
In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a
variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of
built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent
buildings, streets, and exterior areas. The property currently contains a single detached dwelling and
the proposed the construction of a rear yard covered deck space is a typical and natural extension of a
single detached dwelling. As the built form will continue to compatible in massing and scale and is an
appropriate use of the property, 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 7.0 metre setback will
still allow the rear yard and deck to function appropriately including the provision of 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 a 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 unacceptable
adverse impacts on adjacent properties. The deficiency of 0.5 metres will not be discernible. The
variance will still allow for a sufficient rear yard setback from the adjacent property and an adequate
rear yard open space.
Page 29 of 154
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Sketch of location of proposed rear yard deck and 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
In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a
variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of
built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent
buildings, streets, and exterior areas. The property currently contains a single detached dwelling and
the proposed the construction of a rear yard covered deck space is a typical and natural extension of a
single detached dwelling. As the built form will continue to compatible in massing and scale and is an
appropriate use of the property, 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 7.0 metre setback will
still allow the rear yard and deck to function appropriately including the provision of 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 a 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 unacceptable
adverse impacts on adjacent properties. The deficiency of 0.5 metres will not be discernible. The
variance will still allow for a sufficient rear yard setback from the adjacent property and an adequate
rear yard open space.
Page 29 of 154
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 is desirable and appropriate
as it facilitate the construction of an appropriately sized covered rear yard deck space off of the
existing single detached dwelling that will meet all other zoning requirements. It will provide a
covered amenity area in addition to the open rear yard amenity area.
Environmental Planning Comments:
No Concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A building permit application has
been made for the covered deck.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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 — Site Plan included with application
Page 30 of 154
Page 31 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 32 of 154
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
2
Page 33 of 154
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Phrrirwr;-I 19 45),"I-/01 1CoH fireerr8,(50 UUU-4/W R)xr ` '19 (�21-48,4 4 wwnwwr�, graridrliver<:a��
September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 34 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review,
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning),
519-741-2200 ext. 7844
WARD(S) INVOLVED: 4
DATE OF REPORT: October 8, 2022
REPORT NO.: DSD -2022-465
SUBJECT: Minor Variance Application A2022-119 - 16 Upper Canada Drive
Owner: Sabiha Ali
Agent: Muhammad Usama/Ardprobe Inc
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-119 requesting relief from Section 6.1.1.1 b) i)
of Zoning By-law 85-1 to permit the required parking space to be located 2.7 metres
from the street (property) line instead of the minimum required 6 metres, generally in
accordance with a plan prepared by Ardprobe Inc., dated August 15, 2022, to facilitate
the conversion of the attached garage to living space to permit a duplex use of the
existing single detached dwelling, BE APPROVED.
Zoning By-law 2019-019
B. That Minor Variance Application A2022-119 requesting relief from Section 5.3.3 a) i) of
Zoning By-law 2019-051 to permit the required parking space to be located 2.7 metres
from the street (property) line instead of the minimum required 6 metres, generally in
accordance with a plan prepared by Ardprobe Inc., dated August 15, 2022, to facilitate
the conversion of the attached garage to living space to permit an additional dwelling
unit (ADU)(Attached) to the existing single detached dwelling, 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 to permit the conversion of
a single detached dwelling into a duplex dwelling.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 35 of 154
• 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, 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 on the north side of Upper Canada Drive, to the east of Doon Village
Road.
The property is identified as Community Area on Map 2 — Urban Structure and it is designated as
Low Rise Residential on Map 3 — Land Use in the City's Official Plan. The zoning of the land is
Residential Three (R-3) in By-law 85-1 and Low Rise Residential Two (RES -2) in By-law 2019-051,
which is currently under appeal.
The purpose of this application is to review an application for minor variance to facilitate the
conversion of the existing single detached dwelling into a duplex dwelling with a variance for the
parking setback for one parking space. The second parking space does not require a variance.
Staff visited the site on October 3, 2022.
REPORT:
In considering the four tests for minor variances outlined in Section 45(1) of the Planning Act, R.S.O.
1990 Chap. P13, as amended, Planning staff offers the following comments:
Page 36 of 154
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' in the City's Official Plan
Policy 4.C.1.6 states that the City will `encourage residential intensification and/or redevelopment,
including adaptive re -use and infill opportunities, including additional dwelling units, attached and
detached, in order to respond to changing housing needs and as a cost-effective means to reduce
infrastructure and services costs by minimizing land consumption and making better use of existing
community infrastructure".
Policy 15.D.3.4 states that `new residential buildings, additions and/or modifications to existing
residential buildings and conversions in predominantly low-density neighbourhoods should be
compatible with and respect the massing, scale, design and physical character of the established
neighbourhood and have both appropriate landscaped areas and parking areas provided on site".
The proposed parking variance to permit the conversion of the property from a single dwelling to a
duplex dwelling maintains the Low Rise Residential built form of the neighbourhood and therefore it
is the opinion of staff that the requested variance meets the general intent of the Official Plan.
Figure 1 — Photo of the Front of the Property at 16 Upper Canada Drive
General Intent of the Zonina By-law
The zoning regulation for one of the two required parking spaces for a duplex use is to be located a
minimum distance of 6 metres from the front lot line (street line) to ensure that there is sufficient
Page 37 of 154
parking for a duplex use should the site only have tandem parking (which is permitted for a duplex
use). As well, it ensures that the parking spaces are not all located 0 metres from the street line
which would result in vehicles dominating the streetscape. For the subject property they are
proposing to widen the existing driveway to provide the minimum two spaces which will be setback
2.7 metres from the front lot line. Staff note that a Cut Cut/Driveway Widening Permit will be required
and this has been submitted by the applicant. The proposed widened driveway provides adequate
setback for both the parking spaces and continues to meet the general intent of the by-law.
Is the Effect of the Variance Minor?
The request to have the parking space for a duplex use to be located 2.7 metres from the front lot
line rather than the required 6 metres can be considered minor as there is an adequate area to
provide the required parking on the property once the driveway has been widened.
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Figure 2 - Proposed Driveway/Parking Plan
Page 38 of 154
Several properties in this neigbhourhood utilize the driveway for the parking of the vehicles. The
additional parking space, the ability to park two vehicles in tandem, will not negatively impact the
streetscape.
Is the Variance Desirable for the Appropriate Development or Use of the Land, Buildings and/or
Structure?
Below is a drawing showing the proposed street facing elevation of the dwelling with the garage door
replaced with a window. The elevation changes are suitable for the building and will be compatible
with the built form in the neighbourhood. The variance is desirable and appropriate as it will provide
a gentle form of intensification within the existing building. Staff is of the opinion that the variance is
appropriate for the subject property, use of the property and compatible with the surrounding
residential neighbourhood.
Figure 3 - Proposed Front View Elevation (garage door to be changed to a window)
Transportation Planning:
Transportation Services supports the proposed parking setback of 2.7m from the required 6.Om
setback from the property line.
Building:
The Building Division has no objections to the proposed variance. Application has been made for
the change of use to duplex.
Engineering:
Engineering has no concerns with setback. Will be subject to requirements of a Curt Cut/Driveway
Widening permit.
Parks/Operations:
Two City -owned trees may be impacted by the proposed development and the owner should contact
the above noted staff for direction. (This will be considered through the Curb-Cutting/Driveway
Widening permit).
Page 39 of 154
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee 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
additional information on the City's website or by emailing the Planning Division. 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-laws 85-1 and 2019-051
Page 40 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 41 of 154
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
2
Page 42 of 154
A
wu
dmr rflus ardor Ceirwtire: 400 a lyd(:r Road, F'0. Wil C arv[n6w, C::31U IU'I R .')W6
Phrrirwr;-I 19 45),"I-/01 1CoH fireerr8,(50 UUU-4/W R)xr ` '19 (�21-48,4 4 wwnwwr�, graridrliver<:a��
September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 43 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: October 5, 2022
REPORT NO.: DSD -2022-459
SUBJECT: Minor Variance Application A2022-120
77 Lancaster Street West
Owner: 2720676 Ontario Inc
Applicant: Alex Josic
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-120 for 77 Lancaster Street West requesting
relief from:
1) Section 6.2.1 a) to permit a parking requirement of 1.15 parking spaces perdwelling
unit (8 spaces) instead of the minimum required 1.25 spaces per dwelling unit (9
spaces);
2) Section 6.2.1 b) vi) to permit 1 visitor parking space instead of the minimum
required 2 visitor spaces; and
3) Section 6.1.1.1 d) i) to permit required parking to be located between the fagade
and the front lot line and be located 1.5 metres from the street line instead of the
minimum 3 metres;
to recognize the existing parking configuration for a multiple dwelling having 7
dwelling units, in accordance with Site Plan 91/18/VL, dated June 22, 1999, to be
updated with the correct number of dwelling units and Visitor Parking space location,
BE APPROVED subject to the following condition:
That the applicant obtain and register an environmental easement for operational
noise and vibration emissions in favour of Canadian National Railway (CN) at the
sole discretion and to the satisfaction of CN.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-120 for 77 Lancaster Street West requesting
relief from Section 5.3.3 c) i) to permit required parking spaces to be located within the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 44 of 154
front yard and to be located 3 metres of the front lot line, to recognize the existing
parking configuration for a multiple dwelling having 7 dwelling units, in accordance
with Site Plan 91/18/VL, dated June 22, 1999, to be updated with the correct number of
dwelling units and Visitor Parking space location, BE APPROVED subject to the
following condition:
1. That the applicant obtain and register an environmental easement for operational
noise and vibration emissions in favour of Canadian National Railway (CN) at the
sole discretion and to the satisfaction of CN.
And 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 and provide a recommendation for Minor Variance
Application A2022-120.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located near the intersection of Lancaster Street West and Wellington St
North. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property
is zoned `Residential Six Zone (R-6)' in Zoning By-law 85-1 and `Low Rise Residential Five Zone
(RES -5)' in Zoning By-law 2019-051, which is currently under appeal.
The application is requesting the variances to permit a reduction in the required parking from 9 to 8
parking spaces, a reduction in the number of visitor parking spaces from 2 to 1, and to recognize the
location of parking in order to recognize the existing conditions of the subject property for a multiple
dwelling containing 7 dwelling units.
Page 45 of 154
City Staff conducted a site inspection of the property on September 301h, 2022.
Figure 1: Location Map: 77 Lancaster Street West
Figure 2: Front view of 77 Lancaster Street West
Page 46 of 154
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77
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t •rrWItw LFA W, tl1A,ii'F4ffP aFFFt 1011UAIfgI T 6)FPA Ii'P.q LN
Figure 3: Site Plan
REPORT:
Planning Comments:
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MWw" AND RMW RT4°r ( I';
SITE RAN APPROVAL
OF THF 6'LAW1IPN(I A C T
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RECSfIr OF ONE COPY OF
tF
DA tiI��. l ...
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 identified as `Community Areas' on Map 2 - Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent
of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types
while maintaining the character of the neighbourhood.
Staff is of the opinion that the minor variances to recognize the existing parking number of parking
spaces in their current configuration to recognize a multiple dwelling, having 7 dwelling units, is
consistent with the land use designation and the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the minimum parking and visitor parking requirements is to ensure the site provides
enough parking spaces for both residents and visitors to the site. Residents are becoming less car -
dependent and the existing parking spaces can accommodate the current needs of the site. Also,
as the parking requirement of 1.14 parking spaces per dwelling unit, inclusive of visitor parking, will
be very close to the parking requirement of 1.15 parking spaces per dwelling unit, inclusive of visitor
Page 47 of 154
parking, in new Zoning By-law 2019-051, staff is of the opinion that the minor variances to recognize
the existing parking number and layout meets the intent of new Zoning By-law 2019-051.
The intent of locating the parking behind the building fagade and a minimum 3 metres from the street
line is to increase the aesthetics of the property in the neighbourhood. The current parking spaces
in the front yard have existed, as indicated in the approved site plan, since 1999 without a history of
complaint. Staff is of the opinion that it meets the intent of both Zoning By-law 85-1 and 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 location of the parking
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 recognize the existing parking configuration on the lot for the existing multiple dwelling which has
intensified by an additional dwelling unit since the site plan was originally approved in 1999. The
variances are desirable as they will recognize the gentle intensification of the existing building which
has occurred within the existing structure and without major site alterations to the parking area.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015.
The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 77 Lancaster St W is
located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted
as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official
Plan, and preparing action plans for each CHL with specific conservation options.
Building Division Comments:
No concerns.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
The applicant is unable to meet the parking requirements in either Zoning By-law 85-1 (1.25 spaces
per unit) or new Zoning By-law 2019-051 (1.15 spaces per unit). The site currently has an existing
parking ratio of 1.14 space per unit (8 spaces/7 units). Transportation Services can support the
current 1.14 parking ratio and support the reduction in visitor parking from two to one parking space.
Visitor parking space to be signed on site and noted on the site plan.
CN Rail (CN Proximity) Comments:
Thank you for circulating CN. It is noted that the subject site is located in proximity to the CN railway
corridor. CN recommends that the following be implemented as a condition of approval:
Page 48 of 154
• Registration of an environmental easement for operational noise and vibration emissions, in
favor of CN.
Planning staff received comments CN Rail with respect to the proposed minor variance. CN has
requested registration of an environmental easement for operational noise and vibration emissions
given the proximity of the subject property to a Principal Branch Line, instead of the standard noise
warning clauses in all development agreements, offers of purchase, agreements of purchase and
sale or lease for each dwelling unit within 300 metres. Planning staff have followed up by email with
CN Rail to obtain more information and details surrounding the condition. i.e. the reason for
requesting this condition (residential uses are currently permitted); to whom should this condition be
satisfied; details of the preparation and cost of the registration of the easement.
At the time of finalizing this staff report, Planning staff had not heard back from CN. In the interest of
addressing CN Rail interest, staff propose the following condition:
"That the applicant obtain and register an environmental easement for operational noise and
vibration emissions in favour of Canadian National Railway (CN) at the sole discretion and to
the satisfaction of CN."
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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
Page 49 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 50 of 154
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
2
Page 51 of 154
A
wu
dmr rflus ardor Ceirwtire: 400 a lyd(:r Road, F'0. Wil C arv[n6w, C::31U IU'I R .')W6
Phrrirwr;-I 19 45),"I-/01 1CoH fireerr8,(50 UUU-4/W R)xr ` '19 (�21-48,4 4 wwnwwr�, graridrliver<:a��
September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 52 of 154
From:
Saadia Jamil on behalf of Proximi
To:
Committee of Adjustment (5M)
Subject:
2022-10-03_CN Comments 77 Lancaster Street West, Kitchener ON
Date:
Monday, October 3, 2022 11:48:45 AM
Attachments:imaee001.png
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If,
Thank you for circulating CN. it Is noted that the subject site Is located In proximity to the CN railway corridor. CN recommends that the following be
Implemented as a condition of approval:
® Registration of an environmental easement for operational noise and vibration emissions, In favor of CN
Thanks,
Saadia Jamil
Urbanists senior/ Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage at design urbain
E : proximityo),c.na.:.c.....
1600, Rene -Levesque Ouest, 11 e stage
Montreal (Quebec)
H3H 1 P9 CANADA
W....S
From: Committee of Adjustment (SM)<CommltteeofAdjustment@kitchener.ca>
Sent: Friday, September 30, 2022 11:01 AM
Subject: Agenda - Committee of Adjustment- October 18, 2022
.... r,.� .....r ....r ..... r ....rr ......rr ......rr ......rr ......rr ......rr ......rr ......rr .....rr ......rr ......rr....,. r..::
CAU"tl1C11W. Pits. onr.u8 01 vgiimtod ti crour cii tstdo CIT DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe.
AV1 V'"w flSSI 1Vi1:14 r : m coui Hat pi civtairf dune Soul m QXW iro du C14 : NE CLIQUEZ SUR AUCUN lien ou piece jointe a moins de reeonnaure I'expedlteur et d'avolr V�RIFl� la seeurite du
contenu.
Good morning,
You can view the agenda for the October 18, 2022 Committee of Adjustment meeting thrra.u...iavihu blis linik.
It is also available online on our ..4;;ra..u..1... ci..l./Lraintiint.tifl-e;I:...IVle:r1j..1%; Calendar.
The combined agenda with reports will be posted to the meeting calendar by noon on Friday, October 14, 2022.
Regards,
Alison Fox (she/her)
Administrative Clerk i Legislated Services i City of Kitchener
51.9-741. 2200 ext. 7594 i TTY 1. 866 969-9994 i cz.rfa il.te..tr(1cticr:.,.c:
iJ�JllUdi �I/�`�>t
rri1110111 aini��f
The next muoirfloi�lml election
is on Monday, Oct. 24,
f -10p shape your- coirnniuin�ty
es
r� �l
Page 53 of 154
From:
To: ; Committee of Adjustment (SM)
Subject: CofA meeting octl8th written statement
Date: Thursday, October 13, 2022 4:33:23 PM
To Connie Owen administrative clerk
I wish to provide a written statement for the meeting of octl 8
Noted as an interested parry
Below is my contact
David Gilbert
ILM"M
I am in agreement in regards to (A 2022-120) 77 Lancaster st West that requests all zoning
changes for the parking and also in agreement for the 7th unit dwelling into compliance with
the zoning by-law
Page 54 of 154
From: -
To: Committee of Adiustment (SM)
Subject: Re: Written Comments - C of A Meeting
Date: Thursday, October 13, 2022 4:24:12 PM
To Connie Owen Administrative Clerk
I wish to provide a written statement for the meeting.
Noted as an interested party
Below is my contact and statement
Patrick Brophy
ler�
I am in agreement in regards to (A 2022-120 - 77 Lancaster Street West) that requests
all zoning changes for the parking and in agreement for the 7th unit dwelling unit into compliance with the
Zoning By -Laws.
On Tuesday, October 11, 2022 at 03:39:36 PM EDT, Committee of Adjustment (SM)
<committeeofadjustment@kitchener.ca> wrote:
Anyone that participates in the meeting either by oral or written submission will be noted as an interested
party and would be forwarded a copy of the Committee's decision by email following the meeting. Being
an interested party to an application would also ensure they have appeal rights to the Ontario Land
Tribunal (OLT) if they were unsatisfied with the Committee's decision.
By providing a written submission to an application(s), you will be noted as an interested party. Please be
advised as this is a public meeting your contact information may be disclosed if the list of the interested
parties is requested related to a specific application. If you are not IlD iiiK.l;;padunq to sIpea[w in the meeting
and wish to watch, you can watch live at kitcl�ierier.ca/watcl/iricrw
Please ensure to include your mailing address with your written submission so we can provide you with a
copy of the committees decision.
Please reply to this email if you still wish to provide a written statement for the meeting.
Connie Owen
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2200 ext. 7109 1 TTY 1-866-969-9994 1 connie.owenCaikitchener.ca
Page 55 of 154
The next, rnunIcipal election
its on Mw day, Oct 24,.
lielp z,, -,,Nap*? your cornirrilunity
and 'be part of the
For more municipal election information vlislit.w.w..w....k.ii.t.c..h..e..n..e..r....c..a./..e.l..e..c.t.i.o.in.
Page 56 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Joanne McCallum, Coordinator, Planning & Zoning,
519-741-2200 ext. 7075
WARD(S) INVOLVED: 10
DATE OF REPORT: October 3, 2022
REPORT NO.: DSD -2022-464
SUBJECT: Minor Variance Application A2022-121 - 24 Chestnut Street
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2022-121 for 24 Chestnut St requesting relief from Section
39.2.1 of Zoning By-law 85-1, to permit an interior side yard setback of 0.7 metres instead of
the minimum required 1.2 metres to facilitate the construction of an addition at the rear of the
existing single detached dwelling, generally in accordance with the Site Plan drawing
submitted with this Minor Variance Application, dated June 2022, BE APPROVED subject to
the following condition:
1. That the applicant obtain and register an environmental easement for operational
noise and vibration emissions in favour of Canadian National Railway (CN) at the sole
discretion of and to the satisfaction of Canadian National Railway (CN).
REPORT HIGHLIGHTS:
The purpose of this report is to review a proposed minor variance to reduce the side yard
setback to 0.7 metres instead of the required side yard setback of 1.2 metres.
There are no financial implications associated with this application.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 24 Chestnut Street. The aerial image below shows a detached
garage in the rear yard which has since been removed and will not interfere with the proposed
addition at the rear of the existing dwelling.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 57 of 154
Figure 1: Location Map - 24 Chestnut Street
Figure 2: Front view of subject property
Page 58 of 154
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Conservation A' in the Central Frederick Neighbourhood Plan on Map 20 — Secondary
Plan in the City's 2014 Official Plan.
The property is zoned `Residential Five Zone (R-5)' with Special Use Provision 129U in Zoning By-
law 85-1. The zoning and designation permit the existing single detached dwelling.
The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to permit a side yard
setback of 0.79 metres rather than the required 1.2 metres. The owner is proposing to construct an
addition at the rear of the dwelling and would like to keep the addition in line with the existing house.
The sketch below shows a detached garage to be removed. Staff visited the site on October 4th and
can confirm that the detached garage has been removed. The sketch also shows a portion of the
house proposed to be removed which will facilitate the new addition.
Figure 3: Proposed Addition at Rear of Dwelling
Page 59 of 154
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Page 59 of 154
Figure 4: Photo of rear yard, location of proposed addition
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 Conservation A in the Central Frederick Neighbourhood
Plan. The intent of this designation is to preserve the scale, use and intensity of existing
development. The property is currently developed with a two-storey, single detached dwelling. The
proposed addition will not significantly change the existing scale of the property. There will be no
change in the use or intensity of the property. The proposed variance conforms to the designation,
and it is the opinion of staff that the requested variance is appropriate and meets the general intent
of the Official Plan.
General Intent of the Zoning By-law
The general intent and purpose of the Zoning By-law requiring a 1.2 metre side yar setback is to
ensure access to the rear yard, that there is adequate buffering between buildings, and to provide
adequate space for the owner to maintain their property and dwelling. The applicant is proposing a
reduced side yard setback and will continue to maintain appropriate access to the rear yard,
furthermore, the left -side yard setback is approximately 1.4 metres wide which provides an alternate
means of access for equipment such as lawn mowers and wheelbarrows into the rear yard. There
is also currently an existing fence on site that maintains adequate separation and buffering to the
adjacent neighbouring property. Planning staff is of the opinion that the variance meets the general
intent and purpose of the Zoning By-law.
Page 60 of 154
Is/Are the Effects of the Variance(s) Minor?
The requested variance can be considered minor. Staff is of the opinion that the requested reduction
of the side yard setback will allow for the construction of the addition at the rear of the existing
dwelling and will not negatively impact the adjacent property. The proposed side yard setback of
0.79 metres is adequate to continue to provide access to the rear yard and therefore, the reduction
of the side yard setback of 0.41 metres is considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variance is appropriate for development and use of the land as it is an extension of the dwelling
area for the property owner and their family. The variance is desirable as it will enable the addition
to be constructed in line and with the same side yard setback as the existing dwelling.
Environmental Planning Comments:
No natural heritage / tree management policy concerns.
Heritage Planning Comments:
There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015.
The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 24 Chestnut St is
located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted
as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official
Plan, and preparing action plans for each CHL with specific conservation options.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
addition to the single detached dwelling is obtained prior to construction. Please contact the Building
Division at buildingkitchener.ca with any questions.
Engineering Division Comments:
Engineering has no concerns.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
CN Rail (CN Proximity) Comments:
Thank you for circulating CN. It is noted that the subject site is located in proximity to the CN railway
corridor. CN recommends that the following be implemented as a condition of approval:
• Registration of an environmental easement for operational noise and vibration emissions, in
favor of CN.
Planning staff received comments CN Rail with respect to the proposed minor variance. CN has
requested registration of an environmental easement for operational noise and vibration emissions
given the proximity of the subject property to a Principal Branch Line, instead of the standard noise
warning clauses in all development agreements, offers of purchase, agreements of purchase and
sale or lease for each dwelling unit within 300 metres. Planning staff have followed up by email with
Page 61 of 154
CN Rail to obtain more information and details surrounding the condition. i.e. the reason for
requesting this condition (residential uses are currently permitted); to whom should this condition be
satisfied; details of the preparation and cost of the registration of the easement.
At the time of finalizing this staff report, Planning staff had not heard back from CN. In the interest of
addressing CN Rail interest, staff propose the following condition:
"That the applicant obtain and register an environmental easement for operational noise and
vibration emissions in favour of Canadian National Railway (CN) at the sole discretion of and to
the satisfaction of CN."
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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 — Site Plan
Page 62 of 154
Attachment A — Site Plan
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Page 63 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 64 of 154
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
2
Page 65 of 154
A
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Phrrirwr;-I 19 45),"I-/01 1CoH fireerr8,(50 UUU-4/W R)xr ` '19 (�21-48,4 4 wwnwwr�, graridrliver<:a��
September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 66 of 154
From:
Saadia Jamil on behalf of Proximi
To:
Committee of Adjustment (SM)
Subject:
2022-10-03_CN Comments 24 Chestnut Street, Kitchener ON
Date:
Monday, October 3, 2022 11:49:49 AM
Attachments:
imaee011.ong
imace012.on9
imace013.on9
imace014.on9
imace01SSng
imace016.ong
imace017.ong
imace018.ong
imace019.ong
imace020.ong
If,
Thank you for circulating CN. it Is noted that the subject site Is located In proximity to the CN railway corridor. CN recommends that the following be
Implemented as a condition of approval:
Registration of an environmental easement for operational noise and vibration emissions, In favor of CN
Thanks,
Urban iste senior/ Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage at design urbain
E : proximity icbc.n.:.c...a..
1600, Rene -Levesque Cutest, 11 e etage
Montreal (Quebec)
H3H 1 P9 CANADA
w....S
From: Committee of Adjustment (SM)<CommltteeofAdjustment@kitchener.ca>
Sent: Friday, September 30, 2022 11:01 AM
Subject: Agenda - Committee of Adjustment- October 18, 2022
CAU1101T Pits nr u8 croi vpur ;.nd ti crour cro s svde CIW. DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe
Avl ,V'"w itSSI IA :14 r : m co udet pi ovt nrr d'hure soul m ev[ci ire aha C14 : NE CLIQUEZ SUR AUCUN lien ou piece jointe a moins de reconnaure I'expedueur et d'avolr V�RIFl� Is securite du
'..contenu.
Good morning,
You can view the agenda for the October 18, 2022 Committee of Adjustment meeting t.1.71.ra.U...lavihu thuis linik.
It is also available online on our ..4;;ra..u..l... ci..l./Lraintiint..tifl-e;I:...IVIe:e1j..1%; Calendar.
The combined agenda with reports will be posted to the meeting calendar by noon on Friday, October 14, 2022.
Regards,
Alison Fox (she/her)
Administrative Clerk i Legislated Services i City of Kitchener
51.9-741. 2200 ext. 7594 i TTY 1. 866 969-9994 i cz.rfa il.te..tr(1cllcr:.,.c:
Illy, /� v
rri1110111 'of"
The next muoirflcii�joal election
is on Monday, Oct. 24,
f -10p shape your- coirrvruin�tyr
es
r� �l
Page 67 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: October 7, 2022
REPORT NO.: DSD -2022-445
SUBJECT: Minor Variance Application A2022-122 - 3 Evenstone Avenue
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-122 for 3 Evenstone Avenue requesting relief
from:
1) Section 36.2.1 of Zoning By-law 85-1, to permit a side yard abutting a street setback
for the part of the building accommodating off-street parking of 4.5 metres instead
of the minimum required 6 metres; and
2) Section 6.1.1.1 b) iv) to permit a parking space to be located within the front yard
for a distance of 9 metres from the side yard abutting a street line, and the same
shall not be located in the side yard abutting a street for a distance of 12 metres
from the front lot line;
to facilitate an addition with an attached garage to the existing single detached
dwelling for an additional dwelling unit (attached) (ADU), in accordance with drawings
prepared by Gerard O'Rourke, dated September 2, 2022, BE APPROVED.
1. Prior to the issuance of a Building Permit, the Owner shall prepare a Tree
Preservation and Enhancement Plan, in accordance with the City's Tree
Management Policy, to the satisfaction of and approval by the City's Supervisor,
Site Plans. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, a landscaped area and the vegetation to
be preserved. If necessary, the plan shall include required mitigation and or
compensation measures. No changes to the said plan shall be granted except with
the approval of the City's Supervisor, Site Plans
Zoning By-law 2019-051
B. That Minor Variance Application A2022-122 for 3 Evenstone Avenue requesting relief
from:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 68 of 154
1) Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit an exterior side yard
setback of 4.5 metres instead of the minimum required 6 metres;
2) Section 5.4, Table 5-2, b) i) and ii) of Zoning By-law 2019-051, to permit an attached
garage to extend 3 metres beyond the front fagade of the habitable portion of the
dwelling instead of the maximum permitted 1.8 metres, and to not provide a front
porch where a private garage projects beyond the habitable portion of the front
fagade of the dwelling unit; and
3) Section 5.4 c) of Zoning By-law 2019-051, to permit a parking space to be located
within the front yard for a distance of 7 metres from the exterior side lot line, and
the same shall not be located within the exterior side yard for a distance of 7 metres
from the front lot line;
to facilitate an addition with an attached garage to the existing single detached
dwelling for an additional dwelling unit (ADU) (Attached), in accordance with drawings
prepared by Gerard O'Rourke, dated September 2, 2022, BE APPROVED subject to the
following condition:
Prior to the issuance of a Building Permit, the Owner shall prepare a Tree
Preservation and Enhancement Plan, in accordance with the City's Tree
Management Policy, to the satisfaction of and approval by the City's Supervisor,
Site Plans. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, a landscaped area and the vegetation to
be preserved. If necessary, the plan shall include required mitigation and or
compensation measures. No changes to the said plan shall be granted except with
the approval of the City's Supervisor, Site Plans.
And 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 minor variances to Zoning By-laws 85-1 and 2019-051
to facilitate the construction of an addition to the existing single detached dwelling for an
additional dwelling unit (ADU) (Attached).
• The key finding of this report is that the requested variances meet the 4 tests of the Planning
Act.
• There are no financial implications.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the corner of Evenstone Avenue and Caryndale Drive, on the
southerly side of Evenstone Avenue. The subject property is located within the Doon South
neighbourhood, which is primarily comprised of low rise residential uses.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Two Zone (R-2)' in Zoning By-law 85-1 and `Low Rise Residential
One Zone (RES -1)' in Zoning By-law 2019-051, which is currently under appeal.
Page 69 of 154
Photo of Subject Property and Location of Requested Variances
Location Map: 3 Evenstone Avenue
The purpose of the application is to request relief from:
• Zoning By-law 85-1 to permit a side yard abutting a street setback for the part of the building
accommodating off-street parking of 4.5 metres instead of the minimum required 6 metres; to
permit a parking space to be located within the front yard for a distance of 9 metres from the
side yard abutting a street line, and the same shall not be located in the side yard abutting a
street for a distance of 12 metres from the front lot line; and
Page 70 of 154
Zoning By-law 2019-051 to permit an exterior side yard setback of 4.5 metres instead of the
minimum required 6 metres; to permit an attached garage to extend 3 metres beyond the front
fagade of the habitable portion of the dwelling instead of the maximum permitted 1.8 metres,
and to not provide a front porch where a private garage projects beyond the habitable portion
of the front fagade of the dwelling unit; and to permit a parking space to be located within the
front yard for a distance of 7 metres from the exterior side lot line, and the same shall not be
located within the exterior side yard for a distance of 7 metres from the front lot line.
to facilitate the construction of an addition to the existing single detached dwelling for an additional
dwelling unit (attached) (ADU).
Planning Staff conducted a site visit on September 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
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The 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. Official Plan policy 4.C.1.8 details
criteria that should be considered where a minor variance is requested. Subsections `b' and `e'
specify that the requested variances should ensure that "where front yard setback reductions are
proposed for new buildings in established neighbourhoods, the requested front yard setback should
be similar to adjacent properties and supports and maintain the character of the streetscape and the
neighbourhood", and that "the lands can function appropriately and not create unacceptable adverse
impacts for adjacent properties by providing both an appropriate number of parking spaces and an
appropriate landscaped/amenity area on the site". Official Plan policy 4.C.1.24. further maintains
that the City will permit the addition of an additional dwelling unit (detached) where appropriate to
provide alternate housing options to Kitchener homeowners and residents. Staff are of the opinion
that permitting the requested variances would maintain the required parking spaces and facilitate
the use of the addition as an additional dwelling unit (attached), providing a form of gentle density to
the community while preserving the low density character of the neighbourhood. Staff are also of the
opinion that the existing landscaping and siting of the proposed addition along Caryndale Avenue
would provide an adequate amenity area on the property, as well as maintain the functioning of the
property and adjacent dwellings. Staff are of the opinion that the requested variances meet the intent
of the Official Plan.
General Intent of the Zoning By-law
The intent of the 6 metre setback from the side yard abutting a street for the required off-street
parking in both Zoning By-law 85-1 and 2019-051, and of the 9 metre by 12 metre parking restriction
in By-law 85-1 and 7 metre by 7 metre parking restriction in By-law 2019-051, is to ensure adequate
visibility for vehicles in the intersection of Evenstone Avenue and Caryndale Avenue, and clear
visibility lines for vehicles exiting the property. These regulations also ensure that a vehicle can be
safely parked without impacting City and public rights-of-way, or access for the surrounding
properties. These visibility lines will still be maintained with the requested variances as the proposed
attached garage will be designed, with the garage door facing and accessing the front yard rather
than directly facing the street. This configuration and design of the garage will result in a driveway
that is situated well away from the intersection and ensure adequate visibility without impacting City
Page 71 of 154
and public rights-of-way or access to the neighbouring properties while maintaining the required
parking in the zoning.
The intent of requiring a front porch for dwellings where the garage projects beyond the habitable
portion of a dwelling is to activate the street, to ensure attached garages do not dominate the
streetscape while supporting a built form which contributes to the public realm. Staff are of the
opinion that as the attached garage will not directly face the street, the attached garage will not be
apparent from the street and have the same impacts as a garage with a door that directly faces the
street.
Staff are of the of the opinion that the proposed variances meet the general intent of the Zoning By-
laws.
Is/Are the Effects of the Variance(s) Minor?
As the requested variances are barely discernable to the public realm, adequate amenity areas will
be maintained on the property, and present no impacts to traffic visibility on Evenstone Avenue and
Caryndale Avenue or access to neighbouring properties, Staff are of the opinion that 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 it
would facilitate the construction of an addition to the existing single detached dwelling for the use of
an ADU (attached) while ensuring that the appropriate number of parking spaces are provided on
the subject property. The variances will allow the built form to be brought closer to the intersection,
create and provide a focal point, without negatively impacting visibility.
Environmental Planning Comments:
Due to the treed nature of the property and neighboring properties, Environmental planning requires
a Tree preservation and enhancement plan prior to the issuance of a building permit. Such plans
shall include, among other matters, the identification of a proposed building envelope/work zone, a
landscaped area and the vegetation to be preserved. If necessary, the plans shall include required
mitigation and or compensation measures. No changes to the said plan shall be granted except with
the approval of the City's Supervisor, Site Plans.
Heritage Planning Comments:
There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015.
The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 3 Evenstone Drive is
located within the Caryndale Neighbourhood CHL. The owner and the public will be consulted as the
City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan,
and preparing action plans for each CHL with specific conservation options.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
addition to the dwelling unit and is currently under review.
Engineering Division Comments:
Engineering has no concerns.
Parks/Operations Division Comments:
No comments.
Page 72 of 154
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
GRCA Comments:
No concerns.
Region of Waterloo Comments:
No concerns.
CN Rail Comments:
No comments.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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 — Proposed Site Plan
Page 73 of 154
Attachments:
Proposed Site Plan
Page 74 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 75 of 154
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
2
Page 76 of 154
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September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 77 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: October 12, 2022
REPORT NO.: DSD -2022-453
SUBJECT: Minor Variance Application A2022-123
109 Park Street
David and Thelma Wilkinson
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-123 for 109 Park Street requesting relief from
Section 53.2.1 of Zoning By-law 85-1, to permit a minimum lot width of 12.1 metres
instead of the minimum required 15 metres, to permit the use of the existing building
for three (3) dwelling units, generally in accordance with the Site Plan, dated
September 8, 1977, to be updated by a future Site Plan Application, BE APPROVED,
subject to the following condition:
1. That the applicant obtain and register an environmental easement for operational
noise and vibration emissions in favour of Canadian National Railway (CN) at the
sole discretion and to the satisfaction of CN.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the legalization
of a triplex 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.
Page 78 of 154
Location Map of 109 Park St (subject property).
BACKGROUND:
The subject property is located on the south side of Park Street and is located near the intersection
of Park Street and Victoria Street South (Regional Road 55). The subject property currently contains
a duplex dwelling, and a detached garage. The area is predominantly a low-rise low-density, mixed-
use residential neighbourhood.
The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is
designated `Mixed Use' on Map 4 — Urban Growth Centre (Downtown) in the City's 2014 Official
Plan.
The property is zoned `Low Intensity Mixed Use Corridor Zone (MU -1)' in Zoning By-law 85-1.
The purpose of the application is to review a minor variance application to legalize the lot width for
a multiple dwelling having 3 dwelling units (triplex). Specifically, the variance is as follows:
• To permit a minimum lot width of 12.1 metres instead of the minimum required lot width of
15 metres.
Site Plan Approval is required for multiple dwellings having 3 dwelling units (triplex). Pending
approval of the minor variance, a site plan application, an update to the approved 1977 site plan, will
be reviewed to ensure the parking is configured to function appropriately. For the purposes of the
minor variance application, staff are of the opinion that the 3 required parking spaces can adequately
be provided on the subject property.
Planning staff conducted a site inspection on September 29, 2022.
Page 79 of 154
Site Visit Photo of 109 Park St (subject property).
Rear yard of 109 Park St (subject property).
Page 80 of 154
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 City's Official Plan supports the development of additional dwelling unit(s), attached and
detached, on residential lots, where desirable and appropriate unless otherwise limited by the
policies of this Plan, and in accordance with the City's Zoning By-law, in order to provide other
housing options to Kitchener homeowners and residents. The City also encourages residential
intensification and/or redevelopment, including adaptive re -use and infill opportunities, including
additional dwelling units, attached and detached, in order to respond to changing housing needs and
as a cost-effective means to reduce infrastructure and servicing costs by minimizing land
consumption and making better use of existing community infrastructure. The proposed third unit will
not change the existing massing, height, or other design characteristics of the property, because it
will be established within the existing building. Therefore, it is the opinion of staff that the requested
variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent and purpose of the Zoning By-law regulation requiring a minimum lot width of
13.1 metres in order to develop a third attached dwelling unit (triplex) is to ensure there is appropriate
access and functioning throughout the property, and to ensure there is adequate space for required
parking spaces, and for the owner to maintain their property and dwelling units. The existing lot width
of 12.1 metres will allow the three dwelling units to function appropriately on this lot including
sufficient amenity area, parking, and buffer between properties.
Is/Are the Effects of the Variance(s) Minor?
The requested variances can be considered minor since as there is not anticipated to be any
unacceptably adverse impacts on adjacent properties with the legalization of the third dwelling unit
in existing building of the subject property. The deficiency in the lot width of the property of 1 metre
(3 feet) will not impede the ability of the lot to accommodate an additional third dwelling unit, which
will be able to function appropriately. The variance will allow for the eventual legalization of a triplex
dwelling in the existing building, that is compatible with the existing residential use of the property
and will not negatively impact neighbouring lots.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variances are desirable for the appropriate development and use of the land as they will facilitate
the legalization of a third attached dwelling unit in the existing building of the subject property and
facilitate a gentle form of residential intensification in the neighbourhood.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015.
The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 109 Park St is
located within the Warehouse District CHL. The owner and the public will be consulted as the City
considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and
preparing action plans for each CHL with specific conservation options.
Page 81 of 154
The subject property was reviewed in 2009 for the Kitchener Heritage Inventory and determined to
have no heritage status.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering has no concerns.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
CN Rail (CN Proximity) Comments:
Thank you for circulating CN. It is noted that the subject site is located in proximity to the CN railway
corridor. CN recommends that the following be implemented as a condition of approval:
• Registration of an environmental easement for operational noise and vibration emissions, in
favor of CN.
Planning staff received comments CN Rail with respect to the proposed minor variance. CN has
requested registration of an environmental easement for operational noise and vibration emissions
given the proximity of the subject property to a Principal Branch Line, instead of the standard noise
warning clauses in all development agreements, offers of purchase, agreements of purchase and
sale or lease for each dwelling unit within 300 metres. Planning staff have followed up by email with
CN Rail to obtain more information and details surrounding the condition. i.e. the reason for
requesting this condition (residential uses are currently permitted); to whom should this condition be
satisfied; details of the preparation and cost of the registration of the easement.
At the time of finalizing this staff report, Planning staff had not heard back from CN. In the interest of
addressing CN Rail interest, staff propose the following condition:
"That the applicant obtain and register an environmental easement for operational noise and
vibration emissions in favour of Canadian National Railway (CN) at the sole discretion and to
the satisfaction of CN."
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Page 82 of 154
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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 — Sketch submitted with application.
Page 83 of 154
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Page 84 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 85 of 154
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
2
Page 86 of 154
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September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 87 of 154
From:
Saadia Jamil on behalf of Proximi
To:
Committee of Adjustment (5M)
Subject:
2022-10-03_CN Comments 109 Park Street, Kitchener ON
Date:
Monday, October 3, 2022 11:51:01 AM
Attachments:
imaee011.ong
imace012.ong
imace013.ong
imace014.on9
imace015.ong
imace016.ong
imace017.ong
imace018.ong
imace019.ong
imace020.ong
If,
Thank you for circulating CN. it Is noted that the subject site Is located In proximity to the CN railway corridor. CN recommends that the following be
Implemented as a condition of approval:
Registration of an environmental easement for operational noise and vibration emissions, In favor of CN
Thanks,
MMIXIIII11F 1i',
Urban iste senior Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage at design urbain
E : proximity cbc.n.:.c...a..
1600, Rene -Levesque Ouest, 11 e etage
Montreal (Quebec)
H3H 1 P9 CANADA
w....S
From: Committee of Adjustment (SM)<CommltteeofAdjustment@kitchener.ca>
Sent: Friday, September 30, 2022 11:01 AM
Subject: Agenda - Committee of Adjustment- October 18, 2022
CA0101T Pits nr u8 croi vpur ;.vd ti crour ciiutstde CIW. DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe
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'..contenu.
Good morning,
You can view the agenda for the October 18, 2022 Committee of Adjustment meeting t.1.71.ra.u...lavihu blis linik.
It is also available online on our ..4;;ra..u..l... ci..l./Lraintiint..tifl-e;I:...IVIe:e1j..1%; Calendar.
The combined agenda with reports will be posted to the meeting calendar by noon on Friday, October 14, 2022.
Regards,
Alison Fox (she/her)
Administrative Clerk i Legislated Services i City of Kitchener
51.9-741. 2200 ext. 7594 i TTY 1. 866 969-9994 i cz.rfa il.te..tr(1cllcr:.,.c:
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Page 88 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: October 7, 2022
REPORT NO.: DSD -2022-455
SUBJECT: Minor Variance Application A2022-124
34 Dooley Drive
Owner: Sasha & Mark Moosaie
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-124 for 34 Dooley Drive requesting relief from
Section 6.1.1.1 b) i) of Zoning By-law 85-1, to permit the required parking space to be
located 1.0 metre from the street (property) line instead of the minimum required 6
metres, to facilitate the conversion of the single detached dwelling to a duplex
dwelling, subject to the maintenance of the required Driveway Visibility Triangles
(DVT) and generally in accordance with the plan prepared by Sarah Lang, dated
August 22, 2022, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-124 for 34 Dooley Drive requesting relief from
Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit the required parking space to
be located 1 metre from the street (property) line instead of the minimum required 6
metres to facilitate the addition of a dwelling unit (ADU) (Attached) to the single
detached dwelling, subject to the maintenance of the required Driveway Visibility
Triangles (DVT), generally in accordance with the plan prepared by Sarah Lang, dated
August 22, 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.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 89 of 154
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the conversion
of the single detached dwelling to a duplex 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.
Location Map of 34 Dooley Drive (subject property).
BACKGROUND:
The subject property is located on the north side of Dooley Drive, with the closest intersections being
Dooley Drive and Midland Drive, and Dooley Drive and Simpson Avenue. The subject property
contains a single detached dwelling. The area is predominantly a low-rise low-density residential
neighbourhood.
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1, and `Low Rise
Residential Two Zone (RES -2)' in Zoning By-law 2019-051, which is currently under appeal.
The purpose of the subject minor variance application is to facilitate the construction of an Additional;
Dwelling Unit (attached) in the existing attached garage and recognize the two (2) side by side
parking spaces on the existing driveway. Specifically, the variance is as follows:
To permit the required off-street parking space to be located 1.0 metre from the street
(property) line, instead of the minimum required 6 metres to recognize the two (2) side by
side parking spaces in the existing driveway and to facilitate the conversion of the garage
into an additional dwelling unit (attached).
City staff conducted a site inspection on September 29, 2022.
Page 90 of 154
Site visit photo of 34 Dooley Drive (subject property).
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Portion of Site Plan showing parking spaces and setback from the property line.
Page 91 of 154
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a
variety of low-density residential uses. Within this designation, emphasis is placed on compatibility
of built form with respect to massing, scale, and design to ensure a cohesive relationship with
adjacent buildings, streets, and exterior areas. The property is presently developed with a single
residential dwelling. The proposed additional dwelling is proposed to be located in the attached
garage and will not change the existing massing, height, or other design characteristics of the
property other than the elimination of the garage door. Additionally, the City's Official Plan also
supports the development of additional dwelling unit(s), attached, within a residential unit, where
desirable and appropriate unless otherwise limited by the policies of this Plan, and in accordance
with the City's Zoning By-law, in order to provide another housing option to Kitchener homeowners
and residents. The City also encourages residential intensification and/or redevelopment, including
adaptive re -use and infill opportunities, including additional dwelling units, attached and detached,
in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure
and servicing costs by minimizing land consumption and making better use of existing community
infrastructure. Therefore, it is the opinion of staff that the requested variances meet the general intent
of the Official Plan.
General Intent of the Zoning By-law
The general intent and purpose of the Zoning By-law requiring parking spaces to be located a
minimum distance of 6 metres from the street line, is to ensure the presence of vehicles do not
dominate the streetscape and that vehicles can exit the property in a safe manner. The existing
driveway is located on the front yard and is appropriately spaced and setback from Dooley Drive.
Accordingly, it is staff's opinion that the general intent of the zoning by-law will be maintained.
Is/Are the Effects of the Variance(s) Minor?
The requested variance can be considered minor as the continuation of the parking in this location
is not anticipated to cause unacceptable adverse impacts on the streetscape or adjacent properties.
The parking area, with 2 parking spaces, has existed several years without incident. Appropriately
located parking spaces and access can continue to be accommodated in this location. Accordingly,
it is staff's opinion that the effects of the variance are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variance to permit a reduction in the off-street parking setback is desirable as it will
support a gentle form of intensification by permitting the existing attached garage to become
additional living space. It will also recognize an appropriately sized parking space on the driveway
as the legal parking space for the dwelling to accommodate the existing and additional dwelling
unit(s). Further, there will be no change to the visible scale and massing of the house. There are no
anticipated negative impacts as a result of the requested variance to adjacent properties, or the
streetscape and surrounding neighbourhood.
Environmental Planning Comments:
No comments.
Page 92 of 154
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A building permit application has
been made for the change of use to a duplex and it is currently under review.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services supports the proposed parking setback of 1 m from the required 6m setback
from the property line.
The existing hedge is within the 4.57m x 4.57m driveway visibility triangle (see redline below) and
therefore, ensure the portion of the hedge that is within the DVT has a maximum height of 0.9m.
RMSME
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
Page 93 of 154
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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 submitted with application.
Page 94 of 154
Page 95 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 96 of 154
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
2
Page 97 of 154
A
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Phrrirwr;-I 19 45),"I-/01 1CoH fireerr8,(50 UUU-4/W R)xr ` '19 (�21-48,4 4 wwnwwr�, graridrliver<:a��
September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 98 of 154
Staff Report
I
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Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: October 7, 2022
REPORT NO.: DSD -2022-457
SUBJECT: Minor Variance Application A2022-125 - 120 Walker Street
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-125 for 120 Walker Street requesting relief
from Section 38.2.2 of Zoning By-law 85-1 to permit a rear yard setback of 3 metres
instead of the minimum required 7.5 metres for each of the proposed semi-detached
dwelling units, generally in accordance with a plan and drawings prepared by Chris
Fernandes Design Corp., dated September 2022, submitted with Minor Variance
Application A2022-125 (updated to remove the second pedestrian entrance on the
street fagade), BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-125 for 120 Walker Street requesting relief
from Section 7.3, Table 7-3, of Zoning By-law 2019-051 to permit a rear yard setback
of 3 metres instead of the minimum required 7.5 metres for each of the proposed semi-
detached dwelling units, generally in accordance with a plan and drawings prepared
by Chris Fernandes Design Corp., dated September 2022, submitted with Minor
Variance Application A2022-125 (updated to remove the second pedestrian entrance
on the street fagade), 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 a minor variance to build a semi-
detached dwelling so that each half of the semi-detached dwelling may have a rear yard setback
of 3.0 metres.
• A variance that would have requested 2 doors at the front of each semi-detached dwelling unit
is no longer required and is no longer being requested.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 99 of 154
• 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 at south-
west corner of Kinzie Avenue and Walker Street. The subject property currently contains a detached
dwelling. Surrounding land use is low rise residential including a recently constructed semi-detached
dwelling next to the subject property. The subject property is identified as `Community Areas' on Map
2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's
2014 Official Plan. The property is zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1 and
`Low Rise Residential Four (RES -4)' in Zoning By-law 2019-051, which is currently under appeal.
The applicant is wanting to demolish the existing dwelling and replace it with a duplex semi-detached
dwelling and is requesting a rear yard setback of 3.0 metres. The applicant had also requested a
minor variance to permit 2 doors be located at the front facade of each semi-detached dwelling unit
but this minor variance is no longer required. Discussions with staff during the course of the
application has resulted in a new design where only door for each unit is visible from the front fagade.
This change is reflected in the building elevations drawings provided below.
City staff conducted a site inspection on October 4, 2022.
Figure 1: Location of Subject Property
Page 100 of 154
Figure 1: Front view of the subject property
Page 101 of 154
FRONT ELEVATION
RIGH'.T ELEVATION
Figure 3: Proposed Front & Right Building Elevations
REAR ELEVATICIN
LEFT ELEVATION
Figure 4 — Rear and Left Building Elevations
Page 102 of 154
X
PROPOSE
' LOT 1 LOT 2.
N Z I IE A V E
PROPOSEDI—
Figure 5 — Proposed Site Layout
REPORT:
Planning Comments:
General Intent of the Official Plan
The 2014 Official Plan contains policies related to the requested variances, such as:
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed
or required to facilitate residential intensification or a redevelopment of lands, the
overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed,
but not limited to the following to ensure, that:...
d) New buildings, additions, modifications and conversions are sensitive to the
exterior areas of adjacent properties and that the appropriate screening and/or
buffering is provided to mitigate any adverse impacts, particularly with respect to
privacy.
The variance to reduce the minimum rear yard setback maintains the general intent and purpose of
the Official Plan. The proposed rear building elevations show windows provided only on the main
floor and visual impact is minimized to the affected property situated at 124 Walker Street as a result.
Moreover, the subject dwelling will back onto the side of a recently constructed semi-detached
dwelling at 124 Walker Street.
General Intent of the Zoning By-law
The variances to reduce the minimum rear yard setback maintains the general intent and purpose
of the Zoning By-law.
Page 103 of 154
The intent of minimum rear yard setback requirements is to ensure adequately sized outdoor amenity
areas are provided and there is privacy with adjacent properties. As noted above, the subject semi-
detached dwelling will back onto the side of a recently constructed semi-detached dwelling unit.
Given window openings proposed only on the main floor, the reduced rear yard setbacks are
sensitive to the exterior areas of the adjacent properties and overlook concerns mitigated.
Furthermore, adequately sized amenity areas are proposed on the interior and exterior side yards
as evidenced by patio doors provided on the right and left side building elevations. These patio doors
will exit onto 6.0 metre wide interior and exterior side yards. It is not uncommon for residential corner
properties to have side yards used for rear yard amenity space.
Are the Effects of the Variances Minor?
Planning staff is of the opinion that the variance is minor, in that it will not cause unacceptably adverse
impacts on adjacent properties. No compatibility or privacy concerns are identified with the requested
rear yard setback reductions, because of building design measures and orientation relative to adjacent
properties. Amenity areas will be provided in both the interior and exterior side yards.
Are the Variances Desirable for the Appropriate Development or Use of the Land, Building and/or
Structure?
Planning staff is of the opinion that the variance to reduce the minimum rear yard setback of 3.0
metres is appropriate for the desirable development of the lands. The applicant has demonstrated
through building and site design, that potential impacts of privacy and overlook are minimized and
that compatibility has been achieved.
In addition, the variances would facilitate redevelopment with duplex semi-detached dwellings, which
represents sensitive intensification within an established neighbourhood.
Environmental Planning Comments:
Proposed development will require the removal of the existing trees onsite and possible impacts to
a street tree. No apparent impacts to adjacent trees.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits for the new
duplexed semi-detached dwelling are obtained prior to construction.
Engineering Division Comments:
No concerns but note they will need to apply for a severance to create second lot to service the semi-
detached home.
Parks/Operations Division Comments:
Two City -owned trees will be impacted by the proposed development. The proposed driveways on
Kinzie Ave will be in conflict with one existing tree existing street tree. A second tree on Walker St
should be protected in place. Please contact the above noted staff for direction.
As noted above, Park's staff has suggested that a street tree(s) could be impacted as a result of the
proposed driveway locations. The Engineering Off Site Works process would be the appropriate
process to assess this matter wherein the exact location of the driveway and impacts would be
known. These concerns will be reviewed through the Building Permit Application and associated
Engineering Off Site Works Process.
Page 104 of 154
Transportation Planning Comments:
Ensure that the 4.57m x 4.57m driveway visibility triangles are provided and noted on the site plan.
Also, that the internal garage dimensions of 3.04m x 5.50m are provided and noted on the site plan.
This will be reviewed and ensured through the Building Permit Application Process.
Region of Waterloo Comments:
No concerns.
G RCA
No objections
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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
Page 105 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 106 of 154
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
2
Page 107 of 154
A
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dmr rflus ardor Ceirwtire: 400 a lyd(:r Road, F'0. Wil C arv[n6w, C::31U IU'I R .')W6
Phrrirwr;-I 19 45),"I-/01 1CoH fireerr8,(50 0UU-4/W R)xr ` '19 (�21-48,4 4 wwnwwr�, graridrliver<:a��
September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 108 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: October 7, 2022
REPORT NO.: DSD -2022-460
SUBJECT: Minor Variance Application A2022-126
44 Rusholme Road
Applicant and Owner: Krystal Darling
RECOMMENDATION:
Zoning By-law 2019-051
A. That Minor Variance Application A2022-126 for 44 Rusholme Road requesting relief
from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit an interior side yard
setback of 1.5 metres instead of the minimum required 3.0 metres to facilitate the
construction of a garage addition to a single detached dwelling, generally in
accordance with the Site Plan, dated August 2022, submitted with Minor Variance
Application A0222-126, BE APPROVED subject to the following condition:
1. Prior to the issuance of a Building Permit, the Owner shall prepare a Tree
Preservation and Enhancement Plan, in accordance with the City's Tree
Management Policy, to the satisfaction of and approval by the City's Supervisor,
Site Plans. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, a landscaped area and the vegetation to
be preserved. If necessary, the plan shall include required mitigation and or
compensation measures. No changes to the said plan shall be granted except with
the approval of the City's Supervisor, Site Plans.
And 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 a minor variance to permit the
construction of a garage addition onto an existing single detached dwelling.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 109 of 154
• There are no financial implications.
• This report supports the delivery of core services.
BACKGROUND:
Page 110 of 154
Front view and side view of property
The subject property is located on Rusholme Road, between Westmount Road West and Dunbar
Road. The current use of the building is a single detached dwelling.
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Two Zone (R-2)' in Zoning By-law 85-1 and zoned `Low Rise
Residential One Zone (RES -1) in Zoning By-law 2019-051 which is currently under appeal.
The application is requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit
and interior side yard setback of 1.5 metres rather than the minimum required 3.0 metres to facilitate
the construction of a garage addition to a single detached dwelling. There is no variance required to
Zoning By-law 85-1, as the minimum side yard setback required is 1.2 metres, and the applicant is
requesting a setback greater than the 1.2 metres.
Page 111 of 154
.�Mo17 4 C,
,
if! Y r
AS F2 A -MEAS
V 2,,r':3 & MEASa P2 & °rEAF,,
SHLM ROAD
Proposed concept plan
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential in the City's Official Plan. This designation
places emphasis on compatibility of building form with respect to massing, scale and design in order
to support the successful integration of different housing types. It also places emphasis on the
relationship of housing to adjacent buildings, streets and exterior areas. The proposed use of the
property conforms to the designation and it is the opinion of staff the requested variance to be able
to expand the residential use meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the increased 3.0 metre side yard setback in the proposed By-law 2019-051, from the
1.2 metres approved for By-law 85-1 was to ensure there is adequate setbacks from adjacent lots
Page 112 of 154
on larger property fabrics that are permitted in RES -1, as well as provide sufficient access to the rear
of the property. The proposed 1.5 metres setback provides adequate separation from the adjacent
property line and provides sufficient access to the rear yard. It should also be noted that had the
building permit been submitted to the City at the beginning of the year, no minor variances would
have been required. Staff is of the opinion that the reduction in the side yard setback meets the
general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variance can be considered minor as it is the opinion of staff that the side yard setback continues
to accommodate the appropriate rear yard access. The setback of 1.5 metres for the side yard will not
present any significant impacts to adjacent properties and the overall neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variance is appropriate for the development and use of the land. The requested variance should
not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and
height of the proposed addition will not negatively impact the existing character of the subject property
or surrounding neighbourhood.
Environmental Planning Comments:
Due to the treed nature of the adjacent neighboring properties, Environmental planning requires a
Tree preservation and enhancement plan prior to the issuance of a building permit. Such plans shall
include, among other matters, the identification of a proposed building envelope/work zone, a
landscaped area and the vegetation to be preserved. If necessary, the plans shall include required
mitigation and or compensation measures. No changes to the said plan shall be granted except with
the approval of the City's Supervisor, Site Plans.
Heritage Planning Comments:
There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015.
The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 44 Rusholme Rd is
located within the Westmount East & West Neighbourhood CHL. The owner and the public will be
consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the
Official Plan, and preparing action plans for each CHL with specific conservation options.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
addition to the single detached dwelling is obtained prior to construction. Please contact the Building
Division at buildingkitchener.ca with any questions.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Several City -owned trees may be impacted by the proposed development, particularly if an
adjustment to the driveway width is anticipated. The owner should contact the above noted staff for
direction.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Page 113 of 154
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2014)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 114 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 115 of 154
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
2
Page 116 of 154
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September 29, 2022
GRCA File: October 18, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6th Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — October 18, 2022
Applications for Minor Variance
A 2022-116
67 Eton Drive
A 2022-117
359 Guelph Street
A 2022-118
11 Oneida Place
A 2022-119
16 Upper Canada Drive
A 2022-120
77 Lancaster Street West
A 2022-121
24 Chestnut Street
A 2022-122
3 Evenstone Avenue
A 2022-123
109 Park Street
A 2022-124
34 Dooley Drive
A 2022-125
120 Walker Street
A 2022-126
44 Rusholme Road
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications.
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any 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 me at iconroygrandriver.ca or 519-621-2763
ext. 2230.
Sincerely,
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
M(,rnb(._r of ('r;arr ,rrrvrr(k-) i Orr( ar n' Oinr rrrir'>`a 36 C onar,rvatir'.av f (..i l[inri(ic,s I I)c, C,rrrvcl A C rrrav(fan I Ic,v(a(r:, f3iv(r
Page 117 of 154
g t 0 t,.l u
13th October 2022
City of Kitchener
200 King Street West
Kitchener, ON
N2G 4G7
SL.IrenIIII`1CI C_3I�'II A � f_..0I,1IP1l.1INI � III S
File No. 22301
Attn: Ms. Marilyn Mills - Acting Secretary -Treasurer, Committee of Adjustment
Dear Ms. Mills:
Re: Minor Variance Application A 2022-126
44 Rusholme Road, Kitchener
GSP Group is the planning consultant to Gary
Levene and Debbie Eisenberg (the "Levenes"),
owners of the property located at
M, Kitchener, immediately east of the property
the subject of Minor Variance Application A 2022-
126 for 44 Rusholme Road. While the Levenes are
not opposed to the proposed renovation and
addition to the existing single detached dwelling,
they are not in favour of the proposed reduction in
interior side yard.
The Notice of the Minor Variance Application is
misleading in that it reads:
"Requiring a minor variance to the Zoning By-law to
permit an interior side yard setback of 1.5m rather
than the minimum required 3m, to facilitate the
construction of an addition in the rear yard
[emphasis added] of an existing single detached
dwelling. "
If the addition to the single detached dwelling were
only in the rear yard, no minor variance would be
required. Rather, the proposed construction is in
the interior side yard and rear yard and will have a
significant impact on
PII...ANNIING I URIf3AN DESIGN I II...ANDSC.;APE ARC.; 1l7"FC 7"URE
72 Viictor�a St. S., Suiite 201, Kitchener, ON, N2G 4Y9
162 Locke St. S., Suiite 200, Hamilton, ON, L8P 4A9
gspgroup.ca
Page 118 of 154
The figure to the right illustrates the proposed
addition to 44 Rusholme Road, wherein:
• The existing garage (facing east) is proposed
to be demolished;
• New house addition to be constructed to the
rear of the existing single detached dwelling;
and
• New garage addition proposed to be
constructed to the east of the existing single
detached dwelling.
There is little detail about the proposal, including
• The width of the garage (two or three car);
,aa a, (fia: i�~ g a w. t) to
be derno[Nfna d „�i 2
COVERED
J
I
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32
�mma'i
2 --ST STONE
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to 1441J1,5"k`Pi7 H SVe.1
a ii i u R
• The height of the garage;
MFIX1
4tl
SCCkCC1M1, ...
+WA3 A7G"C 3Sd.37 u7 y.,s8^3x,
• If the garage will have habitable floor space ^a
above the ground floor and/or a third -floor attic RUSHOLME ROAD
or usable space;
• The roof detail, for example roof pitch and height to peak; and
• Fenestration details, windows and/or cladding of the garage.
While it is not imperative that these details be provided, it would assist in evaluating the impacts of
the proposed Minor Variance Application on the adjacent Levene property.
In the absence of this information, the Levenes are opposed to the Minor Variance for the following
reasons:
REASON 1: The City of Kitchener recently applied the RES -1
zoning classification (Zoning By-law 2019-051) to
the properties, which requires a minimum 3.Om
interior side yard. The previous Residential R-2
zoning classification (Zoning By-law 85-1) applied
a minimum 1.2m setback. It is anticipated that
the City applied the new and increased setback
regulation recognizing the unique character of
GSP Group 12
Page 119 of 154
Rusholme Road neighbourhood — large lots, with significant front yard setbacks and,
therefore, appropriate increased side yard setbacks to maintain the character of the
neighbourhood.
I agree that the increased side yard setback of 3.Om is appropriate given the unique
character and context of the neighbourhood, recognized by the Waterloo Historical
Society.
REASON 2: There are significant trees located on the Levene
property line that will be impacted by the
proposed garage addition. Specifically, there are
two healthy, large deciduous trees that are
located on the mutual property line between the
two dwellings. The first mature tree (top photo) is
not immediately adjacent to the proposed addition
but may be impacted by driveway reconstruction
to align with the new garage (if that is undertaken)
or, more likely by heavy equipment used in the
construction.
The second photo illustrates an existing mature
deciduous tree immediately opposite the existing
garage to be demolished and replaced by the
proposed house and garage addition. This tree is
healthy, despite having the westerly half of its root
zone impacted by the existing driveway. It is
anticipated that the construction of footings and
foundation for the new addition will compromise
the health of this tree, creating a hazard or loss of
the tree.
The requested reduction in the side yard setback from 3.Om to 1.5m will further
exacerbate the impacts and increase the likelihood of tree removal. Simply imposing
a condition for "tree preservation" may not be sufficient to save this tree. Rather,
maintaining the applicable 3.Om setback will provide the best protection for
preservation of this tree.
REASON 3: The proposed minor variance will exacerbate an existing drainage problem that has
the potential to negatively impact the Levene property. There is a significant grade
difference at 44 Rusholme from the northwest elevation of 343 masl to the southeast
corner at Rusholme Road with an elevation of 337.5 masl, a fall of 5.5 metres. In
reviewing the topography and contours of 44 Rusholme, surface water drainage
GSP Group 13
Page 120 of 154
conveyance is from northwest to southeast, towards the Levene property. A 3.Om
side yard setback, particularly along the easterly property line, would afford sufficient
room for the creation of proper drainage design and implementation to avoid impacts
to the Levene property.
Indeed, the previous owner of 44 Rusholme undertook a minor modification of the
driveway a few years ago, wherein they removed the curb that previously captured
and conveyed drainage to the street. This resulted in "sheet drainage" onto the
Levene property, with no barrier (i.e. curb) to redirect the water to the street.
According to the Levenes, this resulted in numerous floods in their finished
basement. At their expense, they had Gateman-Milloy construct a storm sewer
catchbasin on their property and obtained approval from the City to connect the
catchbasin to the storm sewer in Rusholme Road to relay surface stormwater from 44
Rusholme to the street. The catchbasin on the Levene property is illustrated on the
Applicant's sketch. It should be noted that care was taken to protect the trees during
the Levene's construction, wherein directional drilling was used to construct that
storm sewer, versus open trench construction that would have considerably impacted
the trees.
Maintaining a minimum 3.0 metre side yard setback would ensure proper drainage
techniques are implemented to avoid impact to the Levene property.
REASON 4: As illustrated on the Applicant's sketch on Page 2 of this letter, the Levene dwelling
has an interior side yard setback of 3.32 metres. The Applicant's west side yard is
4.93 metres; however, they are looking to vary the existing zoning regulation to 1.5m
to accommodate their house plans for a large garage addition. While no dimensions
of the garage width are provided, it is calculated that it is +9 metres in width, which
would accommodate a 3 -car garage. While this may be desirable by the owners of
44 Rusholme, it is not necessary and does not fit in the context of the site. Rather,
the easterly side yard setback should comply with the minimum 3.Om requirement, in
keeping with the other side yard setbacks of the two properties.
REASON 5: The proposed minor variance does not meet the four (4) tests of the Planning Act.
Specifically, the variance is "not desirable or minor in nature" (Planning Act, Section
45(1)). It has a high likelihood of negatively impacting the mature trees on the mutual
property line and will not provide the owners of 44 Rusholme with sufficient side yard
to properly create a surface drainage catchment to convey existing drainage out to
the street and away from the Levene property.
For all of these reasons, it is respectfully requested that Minor Variance Application A 2022-126 be
Refused. Members of the Committee of Adjustment are encouraged to do a site visit to appreciate
the sensitivities of the mature trees on the mutual property line of & 44 Rusholme and gain an
GSP Group 14
Page 121 of 154
appreciation for the existing topography and resultant drainage that will negatively affect the Levene
property.
Finally, the Levene's house has active living spaces that face westerly onto 44 Rusholme Road,
including windows looking out from a main floor dining room, second storey bedroom and finished
attic bedrooms. The views from those indoor uses will be negatively impacted by the proposed
addition. It is acknowledged that the difference between a 1.5 and a 3.0 metre side yard setback
may be relatively imperceptible. However, there is no pair of residences on the Rusholme Road that
has the same visual impact of living space looking out onto the facade of a garage.
Again, it is recommended that the minor variance application not be approved.
However, should the Committee of Adjustment determine that the application is acceptable and
approve the request for variance, it is further requested that the following be imposed:
• The applicant prepare and obtain approval of Tree Protection Plan by a Certified Arborist,
detailing how the trees on the mutual property line will be protected from impacts during
construction, to the satisfaction of the City's Forester;
• The applicant prepare a detailed grading plan by a licensed Civil or Water Resource Engineer
illustrating how surface drainage will be conveyed from the rear yard of the lot to Rusholme
Road without increasing drainage volume to to the satisfaction of the City
Engineering Department;
• The garage be limited to a maximum building height of one -storey to a maximum height of
4.5m to the peak of the roof; and
• The easterly facade of the proposed garage addition be constructed with no windows.
In conclusion, the homes on Rusholme Road are a part of the exemplary Westmount
neighbourhood, planned in the early 20th Century by prominent city builders including Rieder,
Kaufman and Olmsted. Indeed, the house at 44 Rusholme was once A.R. Kaufman's home and is
listed on the City's inventory of significant heritage resources. For the reasons set out in this letter, it
is considered that the application for minor variance is not appropriate for the neighbourhood and is
not good planning and should be refused.
We look forward to the Committee of Adjustment's consideration of our comments in the context of
the application. Should Committee members wish to see the property at the
Levenes would be pleased to show the impacts of the proposed variance.
GSP Group 15
Page 122 of 154
In the meantime if you have any other questions, please do not hesitate to contact me.
Sincerely,
GSP Group Inc.
Chris Pidgeon, MCIP, RPP
Principal Planner
C.C. Gary Levene and Debbie Eisenberg —
Tim Seyler — City of Kitchener
GSP Group 16
Page 123 of 154
Staff Report
I
K Tc�i irrarR
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 18, 2022
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 x7987
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: October 12, 2022
REPORT NO.: DSD -2022-452
SUBJECT: Minor Variance Application A 2022-127, A 2022-128 and Consent
Application B 2022-056 — 192 Woolwich Street — Emil Burca — GSP
Group (Kristen Barisdale)
RECOMMENDATION:
A. That Minor Variance Application A2022-127 for 192 Woolwich Street (lands to be
retained as per B2022-056) requesting relief from Section 34.3.2 of Zoning By-law 85-
1, to permit a minimum lot width of 25.97 metres instead of 60 metres; a minimum lot
area of 3595 metres square instead of 0.4 hectares (4000 metres squared); and a
minimum side yard setback of 2.0 metres rather than 7.5 metres for an existing single
detached dwelling, BE APPROVED.
B. That Minor Variance Application A2022-128 for 192 Woolwich Street (lands to be
severed as per B2022-056) requesting relief from Section 34.3.2 of Zoning By-law 85-
1, to permit a minimum lot width of 33.47 metres instead of 60 metres; and a minimum
side yard setback of 2.0 metres rather than 7.5 metres, to facilitate the creation of a
new lot for a new single detached dwelling, BE APPROVED.
C. That Consent Application B2022-056 requesting consent to sever a parcel of land
having a lot width of 33.5 metres, a lot depth of 110 metres and a lot area of 4586
square metres, BE APPROVED subject to the following conditions:
1. That Minor Variance Applications A2022-127 and A2022-0128 receive final
approval.
2. That the property owner's solicitor shall provide draft transfer documents and
associated fees for the Certificate of Official to the satisfaction of the Secretary -
Treasurer and City Solicitor, if required.
3. 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
satisfaction of the City's Revenue Division.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 124 of 154
4. That the property owner shall provide a digital file of the deposited reference
plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad)
or .dgn (Microstation) format, as well as two full size paper copies of the plan(s).
The digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
5. That the property owner shall:
a) complete a Building Code Assessment for the existing dwelling proposed to be
retained on the retained parcel of land, prepared by a qualified person, to confirm
that the proposed property line and any of the building adjacent to this new
property line complies with the Ontario Building Code, to the satisfaction of the
City's Chief Building Official. The assessment shall address items such as, but
not limited to, spatial separation of existing buildings' wall face, and shall include
recommendations such as closing in of openings pending spatial separation
calculation results.
b) A Building Permit shall be obtained for any remedial work/ upgrades required by
the Building Code Assessment.
6. That the property owner shall convey to the City of Kitchener, without cost and free
of encumbrance, an approximately 3.96 -metre -wide road widening along the entire
severed parcel's Woolwich Street frontage and along a portion of the retained
parcel's Woolwich Street frontage, as shown on the severance sketch, to the
satisfaction of the City's Director of Transportation Services.
Prior to conveyance, the property owner:
a) shall prepare, at their cost, a Phase I Environmental Site Assessment and, if
required by the City's Director of Engineering Services, a Phase II
Environmental Site Assessment for the portion of the lands being dedicated
for a road widening, to the satisfaction of the City's Director of Engineering
Services; and
b) shall remove, at their cost, any hazard trees, as identified on the approved
Tree Preservation and Enhancement Plan, from the lands the lands being
dedicated for a road widening, to the satisfaction of the City's Director of
Parks and Cemeteries.
7. That the property owner provides a Servicing Plan showing outlets to the municipal
servicing system to the satisfaction of the City of Kitchener's Director of Engineering
Services.
The property owner is responsible to implement the approved servicing design at
their cost and to the satisfaction of the City of Kitchener's Director of Engineering
Services.
Further, the property owner shall enter into any servicing easement or
encroachment agreement that may be required by the municipality, to the
satisfaction of the City Solicitor and Director of Engineering. Terms of the
easement agreement may include considerations such as costs, maintenance
responsibilities, off-site works and associated service upgrades, etc.). All costs
associated with the preparation such an easement or encroachment agreement
shall be the responsibility of the property owner.
Page 125 of 154
8. That the property owner submits a Development Asset Drawing (digital AutoCAD)
for the site (servicing, etc.) with corresponding layer names and asset information
to the satisfaction of the City's Director of Engineering Services, prior to deed
endorsement.
9. That the 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.
10. That any new driveways are to be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's Director
of Engineering Services.
11. That the property owner provides confirmation that the basement elevation can be
drained by gravity to the street sewers to the satisfaction of the City's Director of
Engineering Services. If this is not the case, then the owner will need to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer from
the property line to the street to the satisfaction of the City's Director of Engineering
Services.
12. That the property owner pay to the City of Kitchener a cash -in -lieu contribution for
park dedication equal to $11,862.00.
13. That at the sole option of the City's Chief Fire Prevention Officer the property owner
shall enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor, to the satisfaction of the City Solicitor and the City's Chief Fire Prevention
Officer, and registered on title of the severed lands, which shall include the
following:
a) The owner agrees that no building permits shall be applied for until
satisfactory arrangements are made with the CITY'S Chief Building Official
to install and maintain a direct -to -fire alarm monitoring system.
Satisfactory arrangements shall be the submission of drawings showing
the hardwiring of the dwelling.
b) No occupancy shall be permitted until the CITY'S Chief Building Official
has confirmed that such system is operational.
c) Such system shall remain operational in perpetuity as a responsibility of
the homeowner and this condition shall not be released from title unless
and until the CITY Solicitor is notified by the CITY'S Fire Chief that
adequate protection is otherwise provided and the maintenance of the
system is no longer mandatory.
14. That the property owner shall receive final approval of the Environmental Impact
Study - 192 Woolwich Street Lot Severance, prepared by Natural Resource
Solutions Inc. (September 21, 2022) and the Tree Preservation and Enhancement
Plan - 192 Woolwich Street Lot Severance, prepared by Natural Resource
Solutions Inc. (September 21, 2022), from the City's Director of Planning, the
Grand River Conservation Authority and the Regional Municipality of Waterloo.
The final Tree Preservation and Enhancement Plan shall also identify any hazard
trees which are located within the road widening area to the satisfaction of the
City's Director of Parks and Cemeteries.
Page 126 of 154
15. That the property owner enter into a Conservation Easement Agreement together
with a Management Plan, with the City of Kitchener, to be prepared by the City
Solicitor, to the satisfaction of the City Solicitor and the City's Director of Planning
and registered on title of the lands to be severed. The Management Plan shall
include, but is not limited to, the Mitigation Measures recommended in the
approved Environmental Impact Study - 192 Woolwich Street Lot Severance,
prepared by Natural Resource Solutions Inc. (September 21, 2022) and the Tree
Preservation and Enhancement Plan - 192 Woolwich Street Lot Severance,
prepared by Natural Resource Solutions Inc. (September 21, 2022), to the
satisfaction of the City's Director of Planning and the City Solicitor.
16. That at the sole option of the City's Director of Planning, the Owner shall enter
into an agreement with the City of Kitchener, to be prepared by the City Solicitor,
to the satisfaction of the City Solicitor and the City's Director of Planning, and
registered on title of the severed lands, which shall include the following:
a) That prior to any grading, servicing, or the application for or issuance of a
building permit, the owner shall submit a plan, prepared by a qualified
consultant, to the satisfaction and approval of the City's Director of Planning
showing:
(i) the proposed location of all buildings (including accessory
buildings and structures), decks and driveways;
(ii) the location of any existing buildings or structures to be removed
or relocated;
(iii) the proposed grades and drainage;
(iv) the location of all trees to be preserved, removed or potentially
impacted on or adjacent to the subject lands, including notations
of their size, species and condition;
(v) justification for any trees to be removed; and
(vi) outline tree protection measures for trees to be preserved; and
(vii) building elevation drawings.
(viii) If necessary, the plan shall include required mitigation and or
compensation measures.
(ix) That the approved elevation drawings shall be implemented as
approved or be substantively similar to the approved elevations as
part of issuance of the building permit.
Any alteration or improvement to the lands including grading, servicing,
tree removal and the application or issuance of any building permits shall
be in compliance with the approved plan. Any changes or revisions to the
plan require the approval of the City's Director of Planning.
b) That prior to application for or issuance of a building permit, the owner shall
submit a Planting Plan for the naturalization of the wetland and dripline
buffers and to revegetate slopes, to the satisfaction and approval of the
City's Director of Planning.
The owner agrees to implement the approved Planting Plan to the
satisfaction of the City's Director of Planning, within 6 months of
occupancy, or as soon as weather conditions permit.
17. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
Page 127 of 154
18. That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered
on title for the severed lands that includes the requirement for the following noise
mitigation and warning clauses in all agreements of Offers of Purchase and Sale,
deeds, and lease/rental agreements:
a) The dwelling unit must be installed with an air -ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses (Type C) will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
"Purchasers / tenants are advised that this dwelling has been designed with
the provision of adding central air conditioning at the occupant's discretion.
Installation of central air conditioning by the occupant in low and medium
density developments will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound level limits
of the Region of Waterloo and the Ministry of the Environment Conservation
and Parks (MECP). "
c) That the City of Kitchener's Building Inspector certify that the noise attenuation
measures are incorporated in the building plans and upon completion of
construction, the City of Kitchener's Building Inspector will certify that the
dwelling unit has been constructed accordingly.
19. That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered
on title for the retained lands that includes the requirement for the following noise
mitigation and warning clauses in all agreements of Offers of Purchase and Sale,
deeds, and lease/rental agreements:
a) The following noise warning clause (Type A) will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
"Purchasers/tenants are advised that sound levels due to increasing road
traffic on Woolwich Street may occasionally interfere with some activities of
the dwelling occupants as the sound levels exceed the sound level limits of
the Municipality and the Ministry of the Environment."
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of a proposed consent application and
associated minor variance applications to permit the creation of a new lot for a single detached
dwelling.
• Community engagement included circulation of the application via mail, notification by way of
the Record and signage placed on the property.
• There are no financial implications.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 192 Woolwich Street and has been developed with a single
detached dwelling. The lot is approximately 0.8 ha in area and is bound by Woolwich Street to the
Page 128 of 154
west, existing residential properties to the north and south, and a steep slope to the east leading to
a portion of the Melitzer Creek Provincially Significant Wetland (PSW) complex.
Image 1 — 192 Woolwich Street
Image 2 — Photo of 192 Woolwich Street (site visit conducted on September 30, 2022)
Page 129 of 154
The subject property is identified as `Community Area' and `Green Area' on Map 2 — Urban Structure
and is designated `Low Rise Residential' and `Natural Heritage Conservation' on Map 3 — Land Use
in the City's 2014 Official Plan. Policies of the Official Plan permit the precise boundary between the
Low Rise Residential and Natural Heritage Conservation designations to be interpreted based on an
Environmental Impact Study.
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Image 3 — Proposed Severance Sketch
Page 130 of 154
The property is zoned `Agricultural Zone (A-1)' in Zoning By-law 85-1 and `Low Rise Residential Two
Zone (RES -2)' in Zoning By-law 2019-051. The proposed lot size and setbacks will comply with the
Council approved/under appeal RES -2 Zone; however, variances are required to the A-1 zone as
further described in the Minor Variance section below.
The subject lands contain an existing wetland located on the lands to be severed near Woolwich
Street, and the property backs onto the Melitzer Creek Wetland Complex. Policies of the Official
Plan acknowledge that the precise location and boundaries of natural heritage features may be
determined and implemented through site specific Environmental Impact Studies (EIS). Policy
7.C.2.55 permits lot creation in proximity to natural heritage features, where the features and their
functions have been evaluated through an EIS, and where the EIS has been completed to the
satisfaction of the City, Region of Waterloo (Region) and Grand River Conservation Authority
(GRCA), and it has been determined that there will be no negative impacts to the natural heritage
feature or their ecological functionsThe owner has submitted an Environmental Impact Study
(prepared by Natural Resource Solutions Inc, Sept 21, 2022) in support of the proposed Consent
Application. This study has been reviewed by the GRCA, the Region of Waterloo and the City's
Environmental Planner. The review authorities agree with the recommendations of the EIS including
the recommended buffer to the natural features. They have determined that the new lot will allow for
an appropriately sized building envelope and the driveway and service connections can be located
outside of the wetland buffer. The recommendations of the EIS will be implemented through the
conditions of approval and include the requirements for a Conservation Easement in favour of the
City and Management Plan, and additionally, a permit is required by the GRCA prior to any grading
or construction activities commencing.
Municipal services currently exist within the Woolwich Street right-of-way, which is owned and
maintained by the City of Waterloo. The existing dwelling on the lands to be retained is connected
to municipal water however is on a septic system. City and Regional staff are satisfied that policies
permit the existing dwelling to remain connected to the existing septic system. The applicant has
provided additional information to staff confirm that the location of the septic system does not conflict
with the proposed lot line — it is located in the rear yard towards the northern side yard.
The lands to be severed will be connected to municipal water and sanitary (via a private forcemain
within the right-of-way). While the developable area between the wetland/buffer and the proposed
property line is fairly narrow, the proposed lot width was determined based on the amount of width
needed to accommodate for servicing and the driveway outside of the wetland and buffer. The
applicant's engineer has provided confirmation that the services can be provided within the
developable area. City Engineering staff has identified no concerns with the consent or servicing
solution and have provided conditions of approval. Staff note that there is an existing hydro pole in
front of the lands to be severed. The final design of the future driveway will need to consider the
hydro pole.
REPORT:
Planning Comments Minor Variance Applications
The applicant is requesting minor variances to the Agricultural Zone of By-law 85-1. Council has
approved new zoning By-law 2019-051 which rezones the subject lands to Residential Two Zone
(RES -2), however the by-law is under appeal. The proposed lot sizes and setbacks comply with the
regulations of the new Council approved/under appeal zoning category. Until such time as the
appeals are resolved, both by-laws apply and variances to the old by-law are required to facilitate
the consent. The use of single detached dwelling is permitted by both by-laws.
Page 131 of 154
A2022-127 (lands to be retained):
The applicant is requesting relief from Section 34.3.2 of Zoning By-law 85-1, to permit:
a) a minimum lot width of 25.97 metres instead of 60 metres;
b) a minimum lot area of 3595 metres square instead of 0.4 hectares (4000 metres squared);
and
c) a minimum side yard setback of 2.0 metres rather than 7.5 metres for an existing single
detached dwelling.
A2022-128 (lands to be severed):
The applicant is requesting relief from Section 34.3.2 of Zoning By-law 85-1, to permit:
a) a minimum lot width of 33.47 metres instead of 60 metres; and
b) a minimum side yard setback of 2.0 metres rather than 7.5 metres
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 lands are designated Low Rise Residential and Natural Heritage Conservation in the City's
Official Plan. As discussed, an EIS has been provided which may be relied upon to delineate the
boundary between the designations. The intent of the Natural Heritage Conservation designation is
to protect the natural features. The EIS demonstrates that the proposed lot sizes provide for lot areas
and lot widths which accommodate the existing and proposed single detached dwellings, while
protecting the natural features. The wetland and buffers will be protected with the Conservation
Easement.
The developable area on the lands to be severed and retained is considered to be designated Low
Rise Residential. The intent of the Low Rise Residential designation is to permit a full range of
housing types at a low intensity of use. Policies require that when reviewing minor variances
consideration should be had to whether the variances will result in a new building that is compatible
with existing built form and community character. The surrounding neighbourhood consists of
primarily single detached dwellings, many on estate sized lots. The proposed lot sizes are compatible
with lot sizes in the surrounding area and the proposed side yard setback of 2.0 metres will result in
compatible building placement and is consistent with setback requirements of the RES -2 zoning.
Staff is of the opinion that the intent of the Official Plan is maintained.
General Intent of the Zoning By-law
1. Reduction to Minimum Lot Width and Minimum Lot Area:
The applicant has requested variances to permit a reduced lot width and lot area for the lands to be
retained and for a reduction to minimum lot width for the lands to be severed. The general intent of the
zoning by-law regulations for the minimum lot size and minimum lot width is to provide for a lot that is
appropriately sized to accommodate the buildings and site functions (driveway, servicing etc) in the
context of the lots in the surrounding area. The minimum lot area of 0.4 ha and lot width of 60.0 m in
the A-1 zone recognizes lots in rural areas would need to accommodate for development on private
services (typically about 0.4 ha is considered the minimum lot are necessary to accommodate for a
septic system and a private well) and would be situated in a rural context. Historically, the Bridgeport
North community had a much more rural context than today, and while limited services were available
in some areas, there were severe capacity constraints and most lands were privately serviced,
requiring large lot sizes. Today, the subject lands are not located in a rural/agricultural context, but
rather in the urban area, which is recognized by the RES -2 zoning. Further, municipal services are
generally available and as discussed, the proposed lot to be severed will be connected to municipal
Page 132 of 154
water and sanitary services. The existing house on the lands to be retained is connected to municipal
water but was built on a septic system (which is permitted and can remain). Based on the foregoing,
staff is of the opinion that the general intent of the by-law is maintained.
2. Reduction to Side Yard Setback:
The applicant is requesting minor variances to permit a side yard setback of 2.0 metres rather than 7.5
metres for both the lands to be retained and lands to be severed. The general intent of the zoning by-
law in regulating side yard setbacks is to provide for an appropriate separation between buildings on
adjacent lands in the context of the property and lots in the surrounding area. The 7.5 metres side yard
setback in the A-1 zone implemented setbacks that were appropriate in an agricultural/rural context and
on very large lots. The subject lands are no longer located in a rural context and the Council
approved/under appeal RES -2 zoning applied to the lands has determined that a 2.0 metre side yard
setback is appropriate for single detached dwellings in an urban context moving forward. Further, staff
note the 2.0 metre setback is consistent with the building envelope evaluated though the EIS. Based
on the foregoing, staff is of the opinion that the general intent of the by-law is maintained.
Are the Effects of the Variances Minor?
Staff is of the opinion that the effects of the variances are minor. At such time as the appeals are
resolved and the RES -2 zone is in force and effect, the requested variances would not be needed
to permit consideration of the subject consent application, or construction of a dwelling. However,
as the timing of the appeals is uncertain the applicant has elected to proceed with variances in order
to allow the consent to be considered.
Are the Variances Desirable for the Appropriate Development or Use of the Land, Building and/or
Structure?
Staff is of the opinion that the variances are desirable for the appropriate development and use of
the lands, building and/or structure. The proposed variances support the creation of a new lot for a
future single detached dwelling. The proposed lot size exceeds the minimum requirements of the
Council approved/under appeal RES -2 zone, and the setbacks of the existing dwelling on the lands
to be retained and future dwelling will comply once the new zoning is in full force and effect.
Planning Comments Consent Application B2022-056:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of a lot for a future dwelling and is compatible
with the surrounding community and will make use of the existing infrastructure and roads. Planning
staff is satisfied that natural features have been evaluated and protected in accordance with policies
Page 133 of 154
contained in section 2.1. Provincial policies permit partial services for existing development in infilling
situations. Planning staff is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation.
The subject lands are located within the City's delineated built-up area. The proposed development
represents intensification and will contribute towards achieving the City's intensification density
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the
Urban Area. The subject lands are designated Built -Up Area in the ROP. Regional policies require
Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability
to satisfy the various physical, social, economic and personal support needs of current and future
residents. The Region has indicated that they have no objections to the proposed consent and
provide additional ROP commentary with respect to natural heritage, servicing and noise in the
attached Region of Waterloo comments. Planning staff are of the opinion that the severance
application conforms to the Regional Official Plan.
City's Official Plan (2014)
The subject property is identified as `Community Area' and `Green Area' on Map 2 — Urban Structure
and is designated `Low Rise Residential' and `Natural Heritage Conservation' on Map 3 — Land Use
in the City's 2014 Official Plan.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
"17.E.20.5 Applications for consent to create new lots will only be granted where
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law, or
a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
C) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
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g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The Low Rise Residential land use designation permits a full range of low density housing types
which may include single detached dwellings. The Low Rise Residential land use designation
encourages mixing and integrating different forms of housing to achieve and maintain a low-rise built
form and identifies a maximum net residential density of 30 units per hectare.
The Natural Heritage Conservation land use designation is applied to lands containing natural
heritage features which require conservation. While the land use designation is shown on Map 3,
policies of the Official Plan acknowledge that the precise location and boundaries of natural heritage
features may be determined and implemented through site specific Environmental Impact Studies
(EIS). Policy 7.C.2.55 of the Official permits lot creation in proximity to natural heritage features,
where the features and their functions have been evaluated through an EIS, and where the EIS has
been completed to the satisfaction of the City, Region of Waterloo (Region) and Grand River
Conservation Authority (GRCA), and it has been determined that there will be no negative impacts
to the natural heritage feature or their ecological functions.
The owner has submitted an Environmental Impact Study (prepared by Natural Resource Solutions
Inc, Sept 21, 2022) in support of the proposed Consent Application. This study has been reviewed
by the GRCA, the Region of Waterloo and the City's Environmental Planner. The review authorities
agree with the recommendations of the EIS including the recommended buffer to the natural
features. They confirm that the new lot will allow for an appropriately sized building envelope and
the driveway and service connections can be located outside of the wetland and buffer. The
recommendations of the EIS will be implemented through the conditions of approval and include the
requirements for a Conservation Easement in favour of the City and a Tree Management Plan.
Staff is of the opinion that he proposed severance is in accordance with policies of the Official Plan.
Lot creation is permitted, and the proposal complies with the Low Rise Residential and Natural
Heritage Conservation land use designations and various environmental policies.
Zoning By-law 85-1/2019-051
The property is zoned `Agricultural Zone (A-1)' in Zoning By-law 85-1 and `Low Rise Residential Two
Zone (RES -2)' in Zoning By-law 2019-051. The proposed lot size and setbacks will comply with the
Council approved/under appeal RES -2 Zone; however, variances are required to the A-1 zone.
Discussions is provided in the minor variance section of this report, and in summary staff are
supportive of the requested variances.
Planning staff is of the opinion that the size, dimensions and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
low rise residential uses including single detached dwellings on large lots. The lands front onto a
public street and full services are available for the lands to be severed, and partial services are
suitable for the lands to be retained.
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 future use of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape
of the proposed lots are suitable for the use of the lands and compatible with the surrounding
community. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo
Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden
Horseshoe, and is good planning and in the public interest.
Page 135 of 154
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 future use of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape
of the proposed lots are suitable for the use of the lands and compatible with the surrounding
community, that natural resources are conserved and that there are adequate services for the lands.
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:
Staff have reviewed the Environmental Impact Study provided in support of a Lot Severance
(Application B2022-056) at 192 Woolwich Street dated August 2022 prepared by Natural Resource
Solutions Inc. and have no significant concerns.
All development activity will occur outside of the 30 metre buffer afforded to the Provincially
Significant Wetland (PSW). The existing driveway and proposed retaining wall will encroach into the
15 metre buffer surrounding the on-site wetland. However, impacts have been avoided to the
greatest extent possible, and the long-term form and function of the surrounding natural area will be
maintained.
To ensure mitigation and protections measures as outlined in the EIS are executed, it is
recommended that following conditions be applied:
1. The applicant receive final approval of the EIS;
2. The applicant enter into a Conservation Easement with Management Plan in favor of the
City;
3. The standard subdivision conditions related to the Tree Management Policy are applied; and
4. The applicant develop and implement a planting plan to naturalize the wetland and dripline
buffers and revegetate slopes.
Heritage Planning Comments:
No Concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the new
residential buildings are obtained prior to construction. Please contact the Building Division at
buildingkitchener.ca with any questions.
The Building Division has no objections to the proposed consent application provided:
1) A qualified designer is retained to complete a building code assessment as it relates to the new
proposed property line and any of the building adjacent to this new property line shall addresses
such items as:
Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official.
Closing in of openings may be required, pending spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades that maybe required by the
building code assessment.
Page 136 of 154
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 storm and water municipal
services are currently available to service this property. Any further enquiries in this regard
should be directed to Christine Goulet (chris�uletkitchener.ca).
• The owner shall implement a suitable design solution for a sanitary outlet to the satisfaction
of the Engineering Division and the City of Waterloo. Details of this design solution may
include:
o an encroachment agreement such that the property owner would be responsible for
repairs of the entire private forcemain in the municipal right of way,
o If COK staff need to respond to issues with the forcemain or created because of the
forcemain (i.e.: odour complaints, maintenance, etc.), we will bill the property owners,
o Any effluent that might flow into COK systems (from Waterloo) are properly accounted
for and billed as part of a cross-border agreement,
o The existing forcemain is too large and will be reduced in size,
• Any new driveways are to be built to City of Kitchener/City of Waterloo standards. All works
are at the owner's expense and all work needs to be completed prior to occupancy of the
building.
• A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure
with corresponding layer names and asset information to the satisfaction of the Engineering
Division prior to severance approval.
• A Phase 1 and (possibly) Phase 2 Environmental Site Assessment for the portion of road
being dedicated to the City. Required prior to severance approval.
Parks/Operations Division Comments:
The City of Kitchener Park Dedication Bylaw and Park Dedication Policy have recently been updated
and new parkland dedication criteria, rates and land values have been approved by Council on
August 22, 2022. The Bylaw is currently under appeal. These comments relate to a Consent
application that will be considered under the new Park Dedication Policy and Bylaw.
Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot
will be created. The cash -in -lieu dedication required is $11,862.00. Park Dedication is calculated at
5% of the new development lots only, with a land valuation calculated by the lineal frontage of
33.47m at a land value of $36,080.00 per frontage meter. The per unit cap of $11,862 applies.
Calculation: 33.47m x $36,080 x 0.05 = $60,379.88 Apply cap rate = $11,862
Currently, there are no city owned street trees within the right of way, however with the road widening
anticipated through this application, numerous trees will become City owned and will be impacted
as part of the proposed driveway and retaining wall construction for the severed lot. Ultimately,
these trees will be conveyed to the City of Waterloo at such time as the road widening is transferred.
Parks staff originally requested that the standard street tree conditions be included, however subject
to further discussion, staff instead included conditions requiring that any hazard trees identified in
the required Tree Preservation and Enhancement Plan, which are located within the lands to be
dedicated shall be removed by the property owner prior to dedication.
Page 137 of 154
Transportation Planning Comments:
It is noted in the City of Kitchener's Official Plan that a road widening is required along Woolwich
Street between Shirk Place to Kitchener city limits. The road widening will apply to the severed
portion only and have a conveyance of approximately 4m. A reference plan will be required to obtain
a precise road widening conveyance and any costs associated with the reference plan will be the
responsibility of the applicant.
Due to the road widening requirement, the Engineering Department will require a Phase 1 and
potentially a Phase 2 Environmental Site Assessment (ESA) for the severed portion of land. Any
costs associated with the ESA, will be the responsibility of the applicant.
Grand River Conservation Authority Comments:
See Attachment A.
Region of Waterloo Comments:
See Attachment B.
City of Waterloo Comments:
Zoninq By-law Amendment:
The subject property is entirely within the City of Kitchener and subject to Zoning By-law 85-1. As
such, Waterloo staff will defer to the City of Kitchener Planning Division to review and comment on
the minor variance applications.
Road Widening:
The plan submitted with the consent application shows a road widening of 3.96 metres along the
frontage of the severed lot and retained lot. The property fronts onto Woolwich Street which is located
in the City of Waterloo. The proposed road widening complies with Section 5.4.7 of the City of
Waterloo Official Plan which requires a designated road allowance of 20 metres for this section of
Woolwich Street. As such, a condition should be applied to the consent application requiring that a
road widening along the entire frontage of the severed & retained lots be transferred to the City of
Kitchener.
Comments from the Transportation and Engineering teams were provided in the pre -submission
consultation, particularly related to municipal services and permits for working within the Woolwich
St right-of-way. I understand the City of Kitchener Staff have also been involved with these
discussions so I have not included specific comments here but defer to Kitchener Staff to address
these items.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
Page 138 of 154
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 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
ATTACHMENTS:
Attachment A — GRCA Comments
Attachment B — Region of Waterloo Comments
Page 139 of 154
Region of Waterloo
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Coirnmunity Planning
150 Frederick Street 8th Flow
Kitcheiier Ontario N2G 4A Canada
Telephc� en 515-575-4405
TOY: 519 515-46DB
Fax: 519-575-4466
vvww. i egio nafwate r1 cxt.ca
Peter Ellis
519-503-2536
D20-20/22 KIT
October 4, 2022
Re: Comments for Consent Application B2022-056
Committee of Adjustment Hearing October 18, 2022
CITY OF KITCHENER
B2022-056
192 Woolwich Street
Emil Burca (Owner); K. Barisdale (GSP Group -Agent)
The owner/applicant is proposing to sever the existing property into two separate lots to
construct a future residential dwelling on the severed lands.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Noise:
The proposed noise sensitive dwelling may be impacted by transportation noise from
Woolwich Street. It is the responsibility of the applicant to ensure the proposed
development is not adversely affected by transportation (traffic) noise impacts. Regional
Official Plan (ROP) Policy 2.G.10 addresses potential land use compatibility issues due
to the encroachment of sensitive land uses and potentially incompatible uses on one
another. Moreover, ROP Policy 2.G.13 indicates that a noise study may be required for
a development application for a sensitive land use submitted in the vicinity of an
Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit
terminals, railways or Area Municipal roads. In order for this consent application to
conform to ROP policy 2.G.10 and 2.G.13, land use compatibility must be addressed.
Since a noise study was already completed in this vicinity, and the primary
transportation noise source results from a City of Kitchener roadway, Regional staff
Document Number- 4192917
Page 140 of 154
require that the owner/applicant of the units on all (retained and severed) lots will be
required to enter into a registered agreement with the City of Kitchener to include the
following noise mitigation and warning clauses in all Offers of Purchase and Sale,
lease/rental agreements:
Proposed Dwelling Unit (Severed Lot):
a) The dwelling unit must be installed with an air -ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses (Type C) will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
"Purchasers /tenants are advised that this dwelling has been designed
with the provision of adding central air conditioning at the occupant's
discretion. Installation of central air conditioning by the occupant in low
and medium density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within
the sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation and Parks (MECP)."
c) That the City of Kitchener's Building Inspector certify that the noise attenuation
measures are incorporated in the building plans and upon completion of
construction, the City of Kitchener's Building Inspector will certify that the dwelling
unit has been constructed accordingly.
Existing Dwelling Unit (Retained Lot):
a) The following noise warning clauses (Type C) will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
i. "Purchasers / tenants are advised that this dwelling has been designed
with the provision of adding central air conditioning at the occupant's
discretion. Installation of central air conditioning by the occupant in low
and medium density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within
the sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation and Parks (MECP)."
Servicing (Advisory Comments):
Regional Staff acknowledge that the property does not currently have municipal sanitary
services despite the subject lands being within the Urban Area. Municipal sanitary
services are required for the retained and severed lots to be in compliance with
Regional Official Plan (ROP) policy 2.D.1, which specifies the following:
Document Number: 4192917
Page 141 of 154
"In preparing/reviewing planning studies or in reviewing development applications or site
plans, the Region and/or Area Municipalities will ensure that development occurring
within the Urban Area is planned and developed in a manner that:
b) is serviced by a municipal drinking -water supply system and a municipal wastewater
system. "
It is Regional Staff's understanding that the subject lands are adjacent to municipal
water and wastewater mains, despite the existing home currently using a private
wastewater system. Provided the proposed dwelling on the severed lot will be
connected to full municipal services (water and wastewater), the Region has no
objection.
Environmental Planning (Advisory Comments):
The subject lands are adjacent to the following the Melitzer Creek Provincially
Significant Wetland Complex, which is designated as a Core Environmental Feature by
the ROP. The lands also previously included a Significant Woodland designation, but
based on a site review in 2011 the Significant Woodland designation was removed from
the property; the Regional Official Plan mapping will be updated to reflect this change.
In accordance with ROP policy 7.C.10, development or site alteration will only be
permitted on lands contiguous to Core Environmental Features where the proposed
development would not result in adverse environmental impacts on the features and
ecological functions, as demonstrated through an Environmental Impact Statement
(EIS) prepared in accordance with ROP policies 7.G. An EIS (192 Woolwich Street Lot
Severance Environmental Impact Study, NRSI, September 2022), has been provided in
support of the subject application, and Regional staff support the implementation of the
recommendations within the EIS. Regional staff understand that City staff will be
requiring a Conservation Easement to be secured for the subject lands as a condition of
the consent application, which will include the implementation of the recommendations
from the EIS. On this basis, the Region has no requirements or concerns related to the
subject application.
Provided the severed lot will be connected to municipal services and that the City
includes a condition(s) relating to a Conservation Easement (as noted above), the
Region has no objection to the proposed application subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following noise mitigation and warning clauses in all
Document Number: 4192917
Page 142 of 154
agreements of Offers of Purchase and Sale, deeds, and lease/rental
agreements:
Proposed Dwelling Unit (Severed Lot):
a) The dwelling unit must be installed with an air -ducted heating and
ventilation system suitably sized and designed with the provision of adding
central air conditioning.
b) The following noise warning clauses (Type C) will be included in all offers
of purchase and sale, deeds and lease/rental agreements:
"Purchasers /tenants are advised that this dwelling has been
designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the
occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the sound level limits of the Region
of Waterloo and the Ministry of the Environment Conservation and
Parks (MECP)."
c) That the City of Kitchener's Building Inspector certify that the noise
attenuation measures are incorporated in the building plans and upon
completion of construction, the City of Kitchener's Building Inspector will
certify that the dwelling unit has been constructed accordingly.
Existing Dwelling Unit (Retained Lot):
a) The following noise warning clauses (Type C) will be included in all offers
of purchase and sale, deeds and lease/rental agreements:
"Purchasers / tenants are advised that this dwelling has been
designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the
occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that
the indoor sound levels are within the sound level limits of the Region
of Waterloo and the Ministry of the Environment Conservation and
Parks (MECP)."
Document Number: 4192917
Page 143 of 154
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
Senior Planner
Document Number: 4192917
Page 144 of 154
September 26, 2022
Marilyn Mills
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022
- 116 —
76 Eton Drive — No Concerns.
2)
A 2022
- 117 —
359 Guelph Street — No Concerns.
3)
A 2022
- 118 —
11 Oneida Place — No Concerns.
4)
A 2022
- 119 —
16 Upper Canada Drive — No Concerns.
5)
A 2022
- 120 —
77 Lancaster Street West — No Concerns.
6) A 2022 - 121 — 24 Chestnut Street — No Concerns.
7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns.
8) A 2022 - 123 — 109 Park Street — No Concerns.
9) A 2022 - 124 — 34 Dooley Drive — No Concerns.
10) A 2022 - 125 — 120 Walker Street — No Concerns.
11) A 2022 - 126 — 44 Rusholme Road — No Concerns.
12) A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns.
13) A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns.
Document Number: 4186704
Page 1 of 2
Page 145 of 154
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
2
Page 146 of 154
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September 23, 2022
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
CofA kitchener.ca
Re: Minor Variance Applications A 2022-127 and -128
Consent Application B 2022-056
192 Woolwich Street, Kitchener
Emil Burca
Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
applications to sever a new lot for a residential dwelling.
Recommendation
The GRCA has no objections to the applications. A GRCA permit will be required.
Documents Reviewed by Staff
Staff have reviewed the environmental impact study (NRSI, September 2022)
submitted with this application.
This follows our pre -consultation comments dated February 23, 2022, and we
referenced the grading plan (BSR&D, revised November 29, 2021) submitted with that
proposal.
GRCA Comments
The GRCA has reviewed this application as per our Provincial delegated responsibility
to review natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario
Page 1 of 2
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Page 147 of 154
Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of
Waterloo.
Information currently available at our office indicates that the subject lands contain or
are adjacent to wetlands. The environmental impact study has demonstrated that
development can occur outside of the on-site wetland and any applicable wetland
buffers.
A GRCA permit will be required prior to construction.
This is considered a `minor' minor variance / consent. Consistent with GRCA's 2022
approved fee schedule, we will invoice the applicant $445 for our review. A separate
fee will be required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2763 ext. 2292 or
thevwood emrandriver. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Encl. Resource Mapping
February 23, 2022 Comments for Pre -consultation
CC' Emil Burca
Kristin Barisdale, GSP Group
Page 2 of 2
Page 148 of 154
Map Centre (UTM NAD83 z17)'. 542,004.11 4,815,269.85 This map is not to be used for navigation 12020 Ortho (ON)
Grand River
Conservation Authority
Date: Sep 23, 2022
Author: AG
192 Woolwich Street. Kitchener
Legend
Regulation Limit (GRCA)
Regulated Watercourse (GRCA)
Regulated Waterbody (GRCA)
Wetland (GRCA)
Floodplain (GRCA)
Engineered
Q Estimated
App rox im ate
Spec ial Pol icy Area
Slope Valley (GRCA)
Steep
Oversteep
Steep
Slope Erosion (GRCA)
Oversteep
Toe
Lake Erie Flood (GRCA)
Q Lake Erie Shoreline Reach (GRCA)
Lake Erie Dynamic Beach (GRCA)
Lake Erie Erosion (GRCA)
Parcel - Assessment (MPAC/M NR F )
This legend is static and may not fully reflect the
layers shown on the map. The text of Ontario
Regilation 150/06 supercedes the mapping as
represented by these layers.
Copyright Grand River CGnservA -A uthorky, IGff.
Did Balmer. nils map Is for Illustrative purposes only. Infoonation
ned herein Is nota substWte for professional reviewora site
rvey antl Is subject to change mtlt out notice The Gantl River
Co nsenraton Authority takes no aspo nsiblliry for no rguarantees,
tlhe accuracy ofthe Informal on c.,ntaln,d on this map. Any
terp reta0orrs or conclusions tlawn from hs
map are tlhe sole
resporis ty ofthe user
The —Z,—foh data layerls shown In parentheses In the map
legend Fora compl-Iisdng ofsou rtes and citatons go to'.
M[ps //mapsgantlnve,. c--,esan d—atons. pdf
I 1 11 21 � N
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February 23, 2022
Andrew Pinnell
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
andrew.Lin nell kitchener.ca
Re: Pre -consultation for Zoning By-law Amendment and Severance
192 Woolwich Street, Kitchener
Emil Burca
Dear Mr. Pinnell,
The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
application to create two single detached residential lots.
Recommendation
The GRCA recommends clearer plans and possible site revisions as part of a formal
application. A GRCA permit will be required.
Documents Reviewed by Staff
Staff have reviewed the following documents submitted with this application:
• Cover letter (GSP Group, revised December 21, 2021)
• Grading Plan (BSR&D, revised November 29, 2021)
• Environmental Impact Study (NRSI, December 2021)
GRCA Comments
The GRCA has reviewed this application as per our Provincial delegated responsibility
to review natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario
Page 1 of 3
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Page 150 of 154
Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of
Waterloo.
Information currently available at our office indicates that the subject lands contain or
are adjacent to wetlands. The environmental impact study (EIS) has demonstrated that
development can occur outside of the on-site wetland and any applicable wetland
buffers.
That stated, the proposal in the EIS (Map 3) appears to leave little space for a functional
yard or any accessory structures. There also appears to be discrepancies between EIS
Map 3 and the grading plan. The grading plan shows a pool and cabana, but does not
show the 30 metre setback from the off-site Provincially Significant Wetland (PSW).
As part of a formal application, the GRCA requests an updated site plan that shows the
extent of grading, as well as wetlands and applicable buffers. We also recommend
consideration is given to functional yard space and accessory structures. Any
accessory structures or functional yard space should be outside of the PSW setback, or
the EIS should confirm it will not impact the PSW.
We recommend that the wetland and applicable buffers are zoned Natural Heritage
Conservation (NHC) if a zone change is pursued.
A GRCA permit will be required prior to construction.
This is considered a minor zoning bylaw amendment and consent. Consistent with
GRCA's 2022 approved fee schedule, we will invoice the applicant $445 for our review
upon receipt of a formal zoning bylaw amendment application. A separate fee will be
required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2763 ext. 2292 or
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Page 2 of 3
Page 151 of 154
Attachment
CC' Emil Burca
Kristin Barisdale, GSP Group
Page 3 of 3
Page 152 of 154
From:
Katie Anclerl
........................................................
To:
Alison
...............................................
Cc:
.Tina....M�.a.I.one.:::Wriig!A; ,ia,ll....M.9.e1.an, on.; h,ri tine... c>ulet,
Subject:
FW: 192 Woolwich Conditions
Date:
Friday, October 7, 2022 1:52:33 PM
Attachments:
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FYI — City of Waterloo comments below. I will paste into my report for easy reference and will
consider conditions as appropriate
From: John Vos <John.Vos@waterloo.ca>
Sent: Friday, October 7, 2022 1:26 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Cc: Ronda Werner <Ronda.Werner@waterloo.ca>
Subject: RE: 192 Woolwich Conditions
We have reviewed the consent and minor variance applications for 192 Woolwich Street and provide
the following comments:
ZonisBy-law en en :
The subject property is entirely within the City of Kitchener and subject to Zoning By-law 85-
1. As such, I will defer to the City of Kitchener Planning Division to review and comment on
the minor variance applications.
Road I enin :
The plan submitted with the consent application shows a road widening of 3.96 metres
along the frontage of the severed lot and retained lot. The property fronts onto Woolwich
Street which is located in the City of Waterloo. The proposed road widening complies with
Section 5.4.7 of the City of Waterloo Official Plan which requires a designated road
allowance of 20 metres for this section of Woolwich Street. As such, a condition should be
applied to the consent application requiring that a road widening along the entire frontage
of the severed & retained lots be transferred to the City of Kitchener.
Comments from the Transportation and Engineering teams were provided in the pre -submission
Page 153 of 154
consultation, particularly related to municipal services and permits for working within the Woolwich
SL right-of-way. | understand the City ofKitchener Staff have also been involved with these
discussions so I have not included specific comments here, but defer to Kitchener Staff to address
these items.
Thanks,
John
John Vos, MOP,RPP
Planner, Planning Services
City ofWaterloo
P: 519-747-8527 TTY: 1-866-786-3941
Pronouns: he, him
IMPORTANT: City Hall isopen, with asmall complement ofstaff toassist you. For planning matters,
appointments are strongly encouraged, and can be scheduled directly with the staff person or by
emai|inQ oroaUinQ(5l9)747-8752. Staff continue tovvorkremote|Kand
are available virtually toassist you — please donot hesitate toreach out.
Page 154 of 154