HomeMy WebLinkAboutCA Agenda - 2023-06-20
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone Wright, Interim Manager, Development Review,
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning),
519-741-2200 ext. 7844
WARD(S) INVOLVED: 8
DATE OF REPORT: June 9, 2023
REPORT NO.: DSD-2023-274
SUBJECT: Minor Variance Application A2023-057 84 Maple Hill Dr
RECOMMENDATION:
That Minor Variance Application A2023-057, as amended, for 84 Maple Hill Drive requesting
relief from Section 5.4 f) of Zoning By-law 2019-051 to permit a driveway to have a width of
18.3 metres instead of the maximum permitted 8 metres to facilitate the retention of existing
driveway, generally in accordance with the plan prepared by MHBC Planning Ltd., dated May
26, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the retention of
an existing driveway within the property boundary only.
The key finding of this report is that the requested minor variance meets the four tests of the
Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received. Notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted on
ommittee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
This application was originally discussed at the meeting of May 16, 2023, and, at that time, staff
recommended refusal of the application for a requested driveway width of 25.8 metres. The applicant
requested deferral to the June meeting to have discussion with staff about what may be supportable.
As noted in the May Staff Report, in January 2013, the owner received approval of Minor Variance
Application A2013-002 to permit an increase in the maximum permitted building height and to permit
a proposed driveway to have a width of 18.3 metres instead of the maximum permitted (14.3 metres)
which was as wide as the attached garage as permitted by previous Zoning By-law 85-1.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Subsequently, the driveway was not developed in accordance with the drawings that were submitted
and considered as part of Minor Variance Application A2013-002.
-law, 2019-051, which permits a driveway to
only be a maximum of 8 metres (Section 5.4 f), despite the width of the attached garage.
As Minor Variance A2013-002 was to Zoning By-law 85-1 and the driveway was not developed in
accordance with that decision, a Minor Variance is also required to Zoning By-law 2019-051 to permit
the previously approved 18.3 metres. The applicant is requesting a Minor Variance to Zoning By-law
2019-051 to permit a driveway width of 18.3 metres.
Proposed plan, May 26, 2023
REPORT:
In considering the four tests for the minor variance 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 designation of Low Rise Residential accommodates a full range of housing types and
encourages mixing and integration of different forms of housing types to achieve a low overall
intensity of use. The use of the land is for a single detached dwelling. The proposed driveway width
of 18.3 metres to access the 4-car garage with a width of 16.1 metres is not considered onerous and
staff are of the opinion that it meets the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation for a maximum driveway width is to ensure that the driveway is an
appropriate size for the dwelling and the property. As well, that it does not negatively impact the
property or streetscape. The current bylaw regulation which restricts the driveway to 8 metres is
standard throughout the residential zones. However, for the subject property, there is a 4-car garage
with a width of 16.1 metres and therefore a wider driveway is required to access the parking spaces
in the garage.
As noted by Transportation staff in their comments for the May 2023 meeting, they have no concern
with the driveway width.
The to modify the existing driveway and remove asphalt to achieve a
maximum width of 18.3 metres at any point. The removed asphalt will be replaced with landscaping.
The proposed 18.3 metre width exceeds the 16.1-metre garage width by 2.2 metres. This is an
increase of approximately 9% and staff are of the opinion that it meets the intent of the Zoning Bylaw.
Is the Effect of the Variance Minor?
As noted above, a driveway width of 18.3 metres is considered to meet the intent of the by-law and
staff also are of the opinion that the proposed changes are minor in nature.
Is the Variance Desirable for the Appropriate Development or Use of the Land, Building and/or
Structure?
The proposed driveway width of 18.3 metres can be considered appropriate in relation to the width
of the 4-car garage. The proposed changes to incorporate additional landscaping make it appropriate
for the use of the property.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
DSD-2023-218
Committee of Adjustment Decision A2013-002
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Horseshoe, 2020
Regional Official Plan
Official Plan (2014) and Zoning By-law 2019-051
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 16, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Planning Technician, 519-741-2200 ext. 7844
WARD(S) INVOLVED: 8
DATE OF REPORT: May 8, 2023
REPORT NO.: DSD-2023-218
SUBJECT: Minor Variance Application A2023-057 - 84 Maple Hill Drive
RECOMMENDATION:
Zoning By-law 2019-051
A. That Minor Variance Application A2023-057 for 84 Maple Hill Drive requesting relief from
Section 5.4 f) of Zoning By-law 2019-051 to permit a driveway to have a width of 25.8
metres instead of the maximum permitted 8 metres to legalize an existing driveway,
generally in accordance with the drawings prepared by MacKinnon & Associates, dated
August 28, 2013, BE REFUSED.
B. That Minor Variance Application A2023-057 for 84 Maple Hill Drive requesting relief from
Section 5.4 f) of Zoning By-law 2019-051 to permit a driveway to have a width of 18.3
metres instead of the maximum permitted 8 metres to legalize an existing driveway,
generally in accordance with the drawings prepared by MacKinnon & Associates, dated
August 28, 2013, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to legalize the width of an
existing driveway.
The key finding of this report is that the requested minor variance does not meet all the four
tests of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received. Notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted on
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.
Driveway width approx. 20 m
Landscaping, concrete pillars,
and fence encroaching onto
City land.
Driveway width 25.8 m
Photo 1: Aerial view of property (2022)
BACKGROUND:
The subject property is located at the end of a cul-de-sac on Maple Hill Drive. It is identified as
Community Area on Map 2 Urban Structure and is designated as Low Rise Residential on Map 3
Low Rise Residential One Zone
(RES-1) in Zoning By-law 2019-051.
In the Autumn of 2022, ian existing fence, landscaping, concrete
posts, and driveway for the subject property were located on City lands (see Photo 1 above and
street view photos below).
Upon further review, it was determined that the widest part of the driveway within the property is 25.8
metres which exceeds the maximum width permitted (see Photo 1). In addition, the driveway width
along the front lot line is approximately 20 metres, which also exceeds the maximum permitted width.
Staff visited the site on April 28, 2023.
History
In January 2013, the owner received approval of Minor Variance Application A2013-002 to permit
an increase in the maximum permitted building height and to permit a proposed drivewayto have a
width of 18.3 metres instead of the maximum permitted (14.3 metres) which was as wide as the
attached garage as permitted by previous Zoning By-law 85-1. (decision and drawing below).
Proposed plan for 2013 variance (A2013-002)
Subsequently, the driveway was not developed in accordance with the drawings that were submitted
and considered as part of Minor Variance Application A2013-002.
Zoning By-law, 2019-051, which permits a driveway to
only be a maximum of 8 metres (Section 5.4 f), despite the width of the attached garage. Therefore,
the current request for a driveway variance is to a different regulation than what was requested in
2013 under the previous by-law.
As Minor Variance A2013-002 was to Zoning By-law 85-1 and the driveway was not developed in
accordance with that decision, a Minor Variance would also be required to Zoning By-law 2019-051
to permit the previously approved 18.3 metres.
REPORT:
In considering the four tests for the minor variance as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments.
General Intent of the Official Plan
The general intent of the Low Rise Residential designation places emphasis on compatibility of
building form with respect to massing, scale, and design to successfully support integration of
different housing types. Also placing emphasis on the relationship of housing to adjacent buildings,
streets, and exterior areas.
Most of the driveway is interior to the property and is not readily viewed from the street. Therefore,
there is limited impact of that area of the property (see blue line on photo 1 above) on the streetscape
view.
However, as noted above, the driveway width along the front lot line is visible from the street and is
approximately 20 metres in width which also exceeds the maximum permitted width of 8 metres for
the property. Staff are of the opinion that the driveway variance does not meet the intent of the
Official Plan regarding the relationship of the property to the adjacent streetscape and surrounding
neighbourhood.
Photo 2: Street view from right side of property
General Intent of the Zoning By-law
The general intent of the Zoning By-law regulation for the driveway width is to ensure that a driveway
does not dominate the property nor the streetscape. For this property, the zoning by-law permits a
maximum driveway width of 8 metres. The minor variance that was granted in 2013 permitted a
driveway with of 14.3 metres which was deemed sufficient for accessing the 4-car garage. Exceeding
both the 8-metre width and the width of 14.3 metres granted by A2013-002, results in a driveway
that dominates the property and streetscape. Staff are of the opinion that the variance does not meet
the intent of the Zoning By-law.
Is the Effect of the Variance Minor?
Although the 25.8 metre width is not entirely evident from the street, the 20 metres at the driveway
entrance, property line, is visible from the street. As well, with the encroachment onto City lands, the
driveway is divided by a landscaped island that in effect creates two driveway entrances for the
property. Combined with the encroachment of the landscaping, concrete pillarsand fencing, the
overall effect of the driveway variance is not minor.
Photo 3: Street view from left side of property
Is the Variance Desirable For the Appropriate Development or Use of the Land, Building and/or
Structure?
The maximum permitted driveway width in Zoning By-law 2019-051 is 8 metres. Minor Variance
A2013-002 which granted relief to Zoning By-law 85-1 to permit a driveway width of 18.3 metres
instead of 14.3 metres contemplated a sufficient-sized driveway that would be able to provide access
to a 4-car garage. Exceeding these maximums creates a driveway that dominates the front yard and
a portion of the side yard. Staff are of the opinion that the variance is not desirable and appropriate
for the development of the property.
Though staff are not in support of the variance to legalize the existing driveway width of 25.8 metres,
should the committee consider legalizing the portion of the driveway as was originally approved in
2013, staff have no concerns. The original request to permit a driveway width of 18.3 metres met
the four tests of the Planning Act at the time and continues to be supportable by staff. If considered,
the variance under Zoning By-law 2019-051 would be to permit a driveway width of 18.3 metres
instead of the maximum permitted 8 metres.
Environmental Planning Comments:
No natural heritage concerns or tree management concerns.
Heritage 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 84 Maple Hill Drive is
located within Westmount Gold Course 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 objections to the proposed variance.
Engineering Division Comments:
No comments.
Parks/Operation Division Comments:
No concerns.
Transportation Planning Comments:
No concern with the proposed driveway width; however, Transportation Services does not support
-of-way as it could impact any future works within
the right-of-way. Landscaping features such as pillars, columns, etc. should be kept within private
property.
GRCA
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM 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
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:
A2013-002
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
April 21, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (9) VAR KIT, 525 ERINBROOK DRIVE
Kitchener, ON N2G 4G7 ACTIVA HOLDINGS INCROAD
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 053 525 Erinbrook Drive No Concerns.
2) A 2023 - 054 133 Manitou Drive No Concerns.
3) A 2023 - 055 152 Weber Street East No Concerns to the application.
However, the applicants are advised that the existing building is partially
encroaching into Regional road right-of-way. A future development application
may require road widening and/or encroachment agreement.
4) A 2023 - 056 17 Brock Street No Concerns.
5) A 2023 057 84 Maple Hill Drive No Concerns.
6) A 2023 - 058 202 Courtland Avenue East No Concerns for the application.
The applicants are advised that a future development application on the subject
lands may require roughly 4.0m (up to 13.106m from the road centreline) of
dedicated road widening. The any additional dwelling units / building elements
should be located accordingly to avoid any encroachment into Regional road
right-of-way in future.
7) A 2023 - 059 26 Louisa Street No Concerns.
8) A 2023 - 060 20 Cameron Street North No Concerns.
9) A 2023 - 061 231 Arnold Street No Concerns.
10) A 2023 - 062 27 Sunbridge Crescent No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌЏЎВЍЎ
tğŭĻ Њ ƚŅ Ћ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
May 1, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting May 16, 2023
Applications for Minor Variance
A 2023-037709 Glasgow Street
A 2023-053525 Erinbrook Drive
A 2023-054133 Manitou Drive
A 2023-055152 Weber Street East
A 2023-05617 Brock Street
A 2023-05784 Maple Hill Drive
A 2023-058202 Courtland Avenue East
A 2023-05926 LouisaStreet
A 2023-06020 Cameron Street North
A 2023-061231 Arnold Street
Applicationsfor Consent
B 2023-010709 Glasgow Street
B 2023-019680 Frederick Street
B 2023-020685 Fischer Hallman Road, Unit Q
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission
from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:Johnston, Jeremiah (MTO)
To:Committee of Adjustment (SM)
Cc:Alison Fox;Clerks (SM)
Subject:RE: Clerks CoK has shared the folder "Committee of Adjustment - Applications" with you.
Date:Friday, April 21, 2023 1:40:49 PM
Good afternoon,
MTO has no requirement for any of these applications:
A 2023-053 - 525 Erinbrook Drive
A 2023-054 - 133 Manitou Drive
A 2023-055 - 152 Weber Street East
A 2023-056 - 17 Brock Street
A 2023-057 - 84 Maple Hill Drive
A 2023-058 - 202 Courtland Avenue East
A 2023-059 - 26 Louisa Street
A 2023-060 - 20 Cameron Street North
A 2023-061 - 231 Arnold Street
A 2023-062 - 27 Sunbridge Crescent
B 2023-019 - 680 Frederick Street
B 2023-020 - 685 Fischer Hallman Road Unit Q
Thank you,
Jeremiah Johnston Corridor Management Planner
Corridor Management Section
Ministry of Transportation Operations Branch West
659 Exeter Road, London, ON N6E 1L3
M: (226)-980-6407
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: April 21, 2023 10:21 AM
To: Johnston, Jeremiah (MTO) <Jeremiah.Johnston@ontario.ca>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you
recognize the sender.
Clerks CoK has shared the folder Committee of Adjustment -
Applications with you.
Note From Clerks:
Attached are the Committee of Adjustment Applications for the City of Kitchener-
Meeting date May 16, 2023.
Please remember, your email address is your username to log in. If you are unable to
log in select "Forgot my Pass w ord". Please note for those who comment regularly an
additional email will follow advising you of the comment deadline.
You will need to download any files you would like to retain, as they will be deleted
from this program when the applications for the next month are circulated.
If you require any further assistance, please email CofA@kitchener.ca
Thank you.
Click here to view this folder
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From:
To:Committee of Adjustment (SM)
Subject:Adjustment Written Feedback May 4th, 2023
Date:Thursday, May 4, 2023 11:26:20 AM
Full Name: Craig Reynolds
In my written submission, I would like to comment on multiple different applications to best
provide feedback to the committee.
A 2023-053 - 525 Erinbrook Drive
IN SUPPORT
I want to first voice my full and whole support of reducing the number of required parking
spaces for this minor variance request. The city and region needs to focus on reducing the
number of personal vehicles on the road and not everyone even has a need for one anyways.
Personally I am against parking minimums as they are very unhelpful, and believe we as a
community need to do more to reduce the parking required in our city.
A 2023-055 - 152 Weber Street East
IN SUPPORT
We are in the middle of a housing crisis and should be fixing our zoning to better support
mixed-use/density in our city. I am in favour of a variance change to support the
construction/allowance of more housing.
A 2023-057 - 84 Maple Hill Drive
AGAINST
This request for a minor variance is absolutely absurd and should not be approved. The
property already has over 2X (Two times) the maximum permitted driveway size (Which is
already excessive) and are now demanding to have over 3X (Three times) the
maximumpermitted driveway size for what is a RESIDENTIALdriveway. This property is
clearly a single family dwelling and if they are having issues with parking, they should
consider downsizing the amount of vehicles they have.
I have even taken the time to drive past this property, and am 100% certain that this property
should be denied their application. As of May 4th, they had a massive empty driveway that
allows them to pull a vehicle around with two exits, as well as a sign posted "Deliveries and
Service Vehicles Park on Street" If they are not going to use their existing driveway for
parking for themselves, visitors, or services, then this request for adjustment is simply absurd
and should be immediately discarded.
A 2023-058 - 202 Courtland Avenue East
IN SUPPORT
We are in the middle of a housing crisis and should be fixing our zoning to better support
mixed-use/density in our city. I am in favour of a variance change to support the
construction/allowance of more housing.
A 2023-059 - 26 Louisa Street
IN SUPPORT
We are in the middle of a housing crisis and should be fixing our zoning to better support
mixed-use/density in our city. I am in favour of a variance change to support the
construction/allowance of more housing.
A 2023-060 - 20 Cameron Street North
IN SUPPORT
We are in the middle of a housing crisis and should be fixing our zoning to better support
mixed-use/density in our city. I am in favour of a variance change to support the
construction/allowance of more housing.
Thank you for your time and consideration,
--
Craig Reynolds
From:
To:
Subject:RE: Minor Variance Application A2023-057 - 84 Maple Hill Drive - Submission of Support for Staff Report
RECOMMENDATIONS A & B
Date:Friday, May 12, 2023 2:14:10 PM
Attachments:image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
Hello Mary and Peter,
I am forwarding your email to our Committee of Adjustment staff so that they can confirm
acceptance of your comments for the meeting.
Anything else, you are welcome to follow up with them about the meeting.
Regards
Sheryl Rice Menezes, CPT
Planning Technician (Zoning) | Planning Division | City of Kitchener
519-741-2200 x 7844 | TTY 1-866-969-9994 | sheryl.ricemenezes@kitchener.ca
Customers can now connect with the City anytime by calling the 24/7 Corporate Contact Centre at
519-741-2345.
From:
Sent: Friday, May 12, 2023 11:36 AM
To: Sheryl Rice Menezes <Sheryl.RiceMenezes@kitchener.ca>
Subject: Minor Variance Application A2023-057 - 84 Maple Hill Drive - Submission of Support for
Staff Report RECOMMENDATIONS A & B
Hello Sheryl,
Further to my earlier inquiry about the Minor Variance Application for 84 Maple Hill Drive, Kitchener,
thank you sending me as requested the Staff Report dated May 8, 2023 to the Committee of
Adjustment.
I am the property owner immediately adjacent to the subject property.
Please accept this email as my submission of support for the Staff Report RECOMMENDATIONS A &
B, as noted in the Staff Report under the heading Zoning By-Law 2019-051.
Please acknowledge receipt – thank you.
Mary Fitton
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
th
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 3
th
DATE OF REPORT: June 7, 2023
REPORT NO.: DSD-2023-280
SUBJECT: Minor Variance Application A2023-063 232 Bleams Road
RECOMMENDATION:
That Minor Variance Application A2023-063 for 232 Bleams Road requesting permission
under Section 45(2)(a)(i) of the Planning Act to permit the enlargement or extension of a legal
non-conforming use, a car wash (automatic and self-service), having an increased Gross
Floor Area from 572.7 square metres to 746.4 square metres, a total Floor Space Ratio (FSR)
of 0.2, a Building Height of 10.5 metres, an internal side yard setback of 1.5 metres, a
reduction of stacking spaces from 26 to 19, and a reduction of parking spaces from 32 to 2
with 19 vacuum parking spaces, to facilitate an addition and reconfiguration of the existing
car wash (automatic and self-' Zone (MIX-1) in Zoning By-law
2019-051, in accordance with Site Plan Application SP23/028/B/TZ, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application to permit the enlargement or extension of
a legal non-conforming use, a car wash expansion at 232 Bleams Road.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
vance of the Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at the intersection of Bleams Road and Fallowfield Drive. The
property currently exists as a car wash facility established since 2010. The surrounding lands are
characterized by commercial, residential, and mixed uses. The applicant is proposing a 173.72
square metre addition towards the West side of the property, interior renovations, and configuring
the parking spaces on site. The purpose of the application is to facilitate changes to an existing car
wash facility on the subject lands. Site Plan Application SP23/028/B/TZ identified the requirements
for the relief from the Zoning By-law and permission from the Committee of Adjustment.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Neighbourhood Node Urban Structure and is
Mixed UseMap 3 The property is zoned
Mixed Use One Zone (MIX-1) with Site-Specific Provision (85)-law 2019-051.
nd
City staff has conducted a site visit at the subject property on June 2, 2023.
Figure 1: Site location at 232 Bleams Road
Figure 2: Existing conditions at subject property (rear yard/street side view)
Figure 3: Proposed Site Plan (Conditional Approval Status)
REPORT:
Planning Comments:
Case law sets out the tests to be applied by the Committee of Adjustment in considering applications
under Section 45(2)(a)(i). It should be noted that the test to be applied is not the four-part test for minor
variances under Section 45(1) but rather whether the approval of the application:
1. Is in the public interest; and
2. Creates unacceptable or adverse impact upon abutting properties.
Is Approval in the Public Interest?
Policies 17.E.20.8 and 17.E.20.9 of the Official Plan reiterate that the Committee of Adjustment may
grant permission under the Planning Act to consider an enlargement or an extension of a legal non-
conforming use subject to the enlargement/extension being in the public interest, representing good
planning and not creating unacceptable adverse impacts upon abutting properties. The application
is in the public interest as it will enhance the service and improve the functioning of an existing car
wash facility use on the site.
Any Adverse or Unacceptable Impacts?
The application does not impose any impacts upon abutting properties, as it will be functioning as
the existing use. The proposed addition is abutting a non-residential property so it will not have any
adverse impacts to the residents adjacent to the subject property. Planning Staff do not have any
concerns with the proposed enlargement/expansion of the legal non-conforming use and are of the
opinion that the proposed applicationwill not cause any adverse or unacceptable impacts.
Environmental Planning Comments:
Environmental planning has no concerns as the proposed development will maintain the existing
setbacks to the adjacent park/woodland as the existing paved portion of the property is not changing.
The City's Tree Management Policy will be addressed through Site Plan Application SP23/028/B/TZ.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
addition to the existing car wash is obtained prior to the construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
Parks and Cemeteries concerns and requirements have been addressed through SP23/028/B/TZ.
Transportation Planning Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
f the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌВБААЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Staff Report
Development Services Departmentwww.kitchener.ca
REPORT TO: Committee of Adjustment
th
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planning Technician (Site Development) 519-741-
2200 ext. 7847
WARD(S) INVOLVED: Ward 9
th
DATE OF REPORT: May 26, 2023
REPORT NO.: DSD-2023-288
SUBJECT: Minor Variance Application A2023-064 35 Belmont Avenue West
RECOMMENDATION:
That Minor Variance Application A2023-064 for 35 Belmont Avenue West requesting relief
from Section 4.12.3 i) of Zoning By-law 2019-51, to permit a lot width of 9.8 metres instead of
the minimum required lot width of 13.1 metres to facilitate the development of an Additional
Dwelling Unit (ADU) (Detached) to the existing Single Detached Dwelling with one Additional
Dwelling Unit (ADU) (Attached) generally in accordance with drawings prepared by J.D.
Barnes, dated May 19, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance to permit 3 dwelling units in total on the
subject property in a form of a Single Detached Dwelling with one Additional Dwelling Unit
(Attached) and one Additional Dwelling Unit (Detached)
The key finding of this report is that the requested minor variance meets the 4 tests of the
Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
This report supports the delivery of core services.
BACKGROUND:
The subject property is located north of Queens Boulevard and east of Westmount Road West. It
currently contains a two-storey single detached dwelling with one (1) Additional Dwelling Unit (ADU)
(Attached), a duplex.
- Urban Structure and is
- Land Use of 2014 the Official Plan.
This property is Low Rise Residential Four Zone (RSE- in Zoning By-law 2019-51
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location on the zoning map
Figure 2: Arial image of the subject property
The applicant is proposing to add one (1) Additional Dwelling Unit (ADU) (Detached) in the rear yard
of an existing duplex. The maximum permitted driveway width is 3.9 metres. Accordingly, three (3)
parking spaces are proposed to be in tandem (as permitted by the Planning Act); one in the attached
garage and two cars in tandem in the front driveway. A minor variance is required to permit a reduced
lot width, as it does not meet the minimum required in the Zoning By-law for an Additional Dwelling
Unit (ADU) (Detached).
To permit minimum lot width of 9.8 metres instead of the minimum 13.1 metres.
Zoning By-law 2019-051 permits the driveway to extend
beyond the width of the attached garage to a maximum total width of 40% of the lot. In this case the
maximum permitted driveway width is 3.9 metres.
Figure 3: Building Location Survey and Parking Plan
nd
Planning staff conducted a site inspection on Friday, June 2, 2023
Figure 4: The east side yard
Figure 3: The front of the existing house
with the driveway- no increase in
driveway width and landscaped are to be
added
Figure 5: The west side yard where the 1.1 metre sidewalk will be still under construction
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 2014 Official Plan. The intent of
this designation is to accommodate a full range of low-density housing types which may include
single detached dwellings, additional dwelling units, attached and detached, semi-detached
dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise
multiple dwellings, special needs housing, and other forms of low-rise housing.
Staff is of the opinion that the requested variance maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
The lot width regulation intends to ensure that the use has sufficient amenity space, landscaped
area, fire emergency access and parking. The subject property has a lot area of 444 square metres
which is greater than the minimum required 395 square metres. The additional lot area does support
the use of the property for a building with 3 dwelling units and there is emergency access with the
1.1 metre walkway and still sufficient rear yard amenity. While staff recognizes the challenges with
tandem parking, particularly the challenges with 3 parking spaces in tandem, tandem parking for 3
vehicles is permitted by the Planning Act.
Based on the above, the variance will maintain the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The existing property is 3.24 metres less than the required lot width, but the lot area is larger than
the minimum requirement of 395 square metres by 49 square metres, leaving sufficient space in the
rear yard (once the ADU is built) for amenity space for all units. The 1.1 metre walkway can still be
constructed between the ADU and the street. This makes the ADU accessible and helps mitigate
the impacts of the reduced lot width. The tandem parking arrangement may cause impacts to the
functioning of the subject property and the neighbourhood, however this is a parking arrangement
that is permitted by the Planning Act.
Staff is of the opinion that the variances will facilitate the provision of an additional dwelling unit while
not presenting any significant impacts to adjacent properties or the overall neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
The variance to allow a reduction in lot width is desirable and appropriate as it allows for gentle
intensification of the subject property, will make use of existing in
Housing Pledge.
Environmental Planning Comments:
The City's Tree Management Policy is addressed through conditions of approval for Consent
Application B2022-031 (May 2022).
Heritage Planning Comments:
No heritage concerns
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
ADU is obtained prior to the construction.Please contact the Building Divisionat
building@kitchener.ca with any questions.
Engineering Division Comments:
No Comments
Parks/Operations Division Comments:
No concerns, no comments
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Grand River Conservation Authority (GRCA):
GRCA has no objection to the approval of the above applications. The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission
from GRCA is not required.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌВБААЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:
To:Committee of Adjustment (SM)
Cc:
Subject:A 2023-064 - Belmont Avenue West application for variance
Date:Wednesday, June 14, 2023 12:26:51 PM
June 14, 2023
Committee of Adjustment
Legislated Services
City of Kitchener
Written Submission regarding application for minor variance
A 2023-064 - 35 Belmont Avenue West Zoning By-law to permit 9.8 m rather than required 13.1 m, to facilitate the
construction of an Additional Dwelling Unit in rear of yard of property.
Builder: Greenfield Homes - Octavian Rosu
Dear Members of the Committee of Adjustment,
Recently a builder has applied for a variance concerning property 35 Belmont Avenue West.
I am raising both concern and objection to this variance. I am the property owner of and
, the properties directly south and directly bordering to the rear this building site.
Our clinic, has been in existence on our property for over 35 years. We keep our backlot pristine (see photos
enclosed), and ecologically undisturbed; both to attract wildlife, preserve green space and provide a quiet place of
reflection for our patients.
With this recent reckless, and thoughtless build, our peace and ability to safely enjoy our property has been
interrupted. We and our surrounding neighbours are upset with the way the build has progressed, and now with the
proposed addition of a backyard rental unit. (ADU)
1. It has come to our attention that this build has encroached onto our property, spilling building debris, garbage and
disturbing our natural forest habitat.
2. Someone has trespassed through and onto our property, without our consent, notification, and knowledge to
access their building lot, “tap” into the hydro or phone access module (see photos), and in doing so deliberately cut
our fencing, which is on OUR property, in four places, thus damaging our fence. Building debris and fill has spilled
over onto our property.
3. Our vegetation has been trampled, trees cut and pruned, and natural retaining fence damaged to facilitate this
build. Stones and supporting cement on the retaining wall have been removed to find or access utilities.
4. The minor variance should NOT be granted as the lot is too small to accommodate the current building to proper
building standards, and certainly would not adequately accommodate another house structure. The topography
would cause drainage problems as it has already done to our property, and it would crowd the existing neighbours
and invade our quiet privacy.
5. The space is too small to accommodate adequate parking for all future tenants, forcing them to park on the street,
furthering the already narrow and frequently congested Belmont Avenue through-way to Highland road from St.
Mary’s Hospital. This route is often used as a north/south ambulance pathway.
6. Currently there does not exist nor is their infrastructure to accommodate proper building drainage, sewage and
adequate run off. Run off from an additional structure would run onto our property.
7. Another structure on this lot would ruin the currently idyllic quiet that this neighbourhood has enjoyed for
decades, by adding even more people than what the lot size had originally been zoned for.
8. It would ruin our backyard view that we have so carefully cultivated and nurtured, thus destroying our ability to
enjoy our properties.
9. The additional unit would increase noise, pollution and disturb the current abundance of wildlife in our wooded
lot, that includes, nesting foxes, peregrine falcons, mallard ducks and other fragile wildlife.
10. This additional build was never included in the original design and building permit and is a rushed,
“underhanded” attempt to create another unit for rental profit for the builder.
11. Currently, there is a stop work order on the site, as the builder has numerous building code violations issued by
a labour standards inspector, an unsafe worksite, open utilities that have been “tapped,” and has egressed on to
neighbouring properties without making redress. The builder has not made any attempt at communicating or
listening to adjoining property owners and their concerns.
12. The existing height of the retaining wall does not provide adequate slope for further building or landscaping that
could accommodate another structural load and its height remains unsafe.
It is for these reasons, that as property owners of TWO adjacent lots we object to the minor variance and ask the
committee to enforce the original building permit.
You may see from your records that others have opposed this variance, yet still more neighbours are now meeting to
sign a petition against this variance and complain about the current build that is not in keeping with the landscape, or
character of our neighbourhood.
I have included pictures of our property, and the build spillover and damage to our lot.
Respectfully submitted, as owners listed below,
Dr. Harry Hoediono
Dr. Helen de Man
2112761 Ontario Ltd
2143584 Ontario Ltd
Dr. Harry F. Hoediono, B.Sc., D.D.S
This email may be privileged and/or confidential, and the sender does not waive any related rights and obligations.
Any distribution, use or copying of this email or the information it contains by other than an intended recipient is
unauthorized. If you received this email in error, please advise the sender (by return email or otherwise)
immediately. You have consented to receive the attached electronically at the above-noted email address; please
retain a copy of this confirmation for future reference.
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 14, 2023
REPORT NO.: DSD-2023-268
SUBJECT: Minor Variance Application A2023-065 26 Siebert Avenue
RECOMMENDATION:
That Minor Variance Application A2023-065 for 26 Siebert Ave requesting relief from Section
4.1 d) of Zoning By-law 2019-051, to permit an accessory structure to have a building height
of 6.5 metres instead of the maximum permitted 5.5 metres and for the underside of the facia
to have a height of 5 metres instead of the maximum permitted 3 metres, to facilitate the
construction of a detached garage capable of storing a recreational vehicle, generally in
accordance with drawings submitted with Minor Variance Application A2023-065, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for a minor variance to permit the
construction of a detached structure on the property.
The key finding of this report is that the minor variance meets the four tests of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on Siebert Avenue between Clark Avenue and Harber Avenue. The
current use of the building is a 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.
Figure 1: Subject Site 26 Siebert Ave
Figures 2 and 3: Front of Subject Site (Left) and Location of Future Detached Garage (Right)
The subject property is identified as Urban Structure and
Low Rise Residential Two Zone (RES-2)-law 2019-051.
The application is requesting relief from section 4.1(d) of the zoning by-law to allow the construction
of an accessory building with a building height of 6.5 metres instead of the maximum allowed 5.5
metres, and to permit the height of the underside of the fascia to be 5 metres instead of the maximum
allowed 3metres, to facilitate the construction of a detached garage in the rear yard of the subject
property. The minor variance to permit a taller garage is necessary so that a recreational vehicle
(R.V.) can be stored within an enclosed building or structure. This will ensure compliance with section
5.12.2(a) of Zoning By-Law 2019-051 which requires that parking or storage of major recreational
equipment on lots within a RES zone shall be located fully within an enclosed building or structure.
Figure 4: Side Elevation of Proposed Structure
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential This designation
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 construct a detached structure meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum height of accessory structures and the maximum height to the underside
of the fascia is to ensure that accessory structures are not excessive in height and to ensure
Due to the irregular shape of the lot, there are no
rear yard neighbours that would directly face the structure and be impacted by it. The structure also
provides greater than the required setbacks to ensure minimal impact on neighbouring properties.
Staff is ofthe opinion that the requested variance 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 increase in building height
and height to the underside of the fascia will not present any significant impacts to adjacent
properties and the overall neighbourhood. The structure exceeds the required setback distances
from lot lines and will not present a visual obstacle on the edge of neighbouring properties.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Section 5.12.2(a) of the Zoning By-Law requires that parking or storage of major recreational
building or structure. The variance is appropriate for the development and use of the land as it will
facilitate the construction of a structure that will be able to provide enclosed storage of a recreational
vehicle.
Environmental Planning Comments:
No natural heritage concerns.
Heritage Planning Comments:
No Heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
detached garage is obtained prior to the construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
No Comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:
- Proposed Site Layout
Attachment A Proposed Site Layout
May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌВБААЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 14, 2020
REPORT NO.: DSD-2023-269
SUBJECT: Minor Variance Application A2023-066 82 South Drive
RECOMMENDATION:
That Minor Variance Application A2023-066 for 82 South Drive requesting relief from the
following sections of Zoning By-Law 2019-051:
i) Section 4.12.3 i) to permit a lot width of 12.3 metres instead of the minimum required
13.1 metres;
ii) Section 4.12.3 j) to permit a rear yard building setback of 0.45 metres instead of the
minimum required 0.6 metres; and
iii) Section 4.12.3 l) to permit a maximum building height of 5.0 metres instead of the
maximum required 4.5 metres;
to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard
of the property generally in accordance with drawings prepared by Ducon Contractors Ltd.,
dated May 2, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report to review minor variances to permit the construction of an ADU
(detached).
The key finding of this report is that the minor variances meet the four tests of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on South Drive between Glen Road and Perth Road and is near
Lakeside Park.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 - Subject Site 82 South Dr
Figures 2 and 3 Front of Subject Site (Left) and
Location of Future Additional Dwelling Unit (Right)
Community Areas Urban Structure and is
Low Rise Residential al Plan.
Low Rise Residential Four Zone (RES-4)-law 2019-051.
The purpose of the application is to review minor variances to permit the construction of an ADU
(Detached). The subject property contains a primary dwelling, a single detached house, and a
detached accessory building currently used as an entertainment/storage space by the property
owner. The ADU would replace the existing detached accessory building and construct an additional
story of living space and a patio space. As a result, the building height of the ADU will be 5.0metres
instead of the maximum required 4.5 metres. The rear yard setback of the ADU will be 0.45 metres,
which is an increase from the 0.31 metres setback of the existing detached accessory building.
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential This designation
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 ADU is similar in height,
scale, and design to the primary dwelling and neighbouring properties. Staff is of the opinion that the
ADU meets the general intent of the official plan.
General Intent of the Zoning By-law
Minimum Lot Width:
The intent of section 4.12.3 i) requiring a minimum lot width of 13.1 metres is to ensure that there
are adequate side yard setbacks for the principal dwelling and the provision of access to the ADU.
The minimum required side yard setback for an ADU of 0.6 metres is provided, and a walkway
meeting the minimum width of 1.1 metres is also provided. The width of the ADU is 4.0 metres,
leaving 7.72 metres of lot width for patio and yard space. It is the opinion of staff that the requested
variance to permit a lot width of 12.35 metres instead of the minimum required 13.1 metres meets
the general intent of the Zoning By-Law.
Minimum Rear Yard Setback:
The intent of section 4.12.3 j) requiring a minimum rear yard setback of 0.6 metres is to ensure
minimal impact on neighbouring properties. Due to the slanted nature of the rear lot line, the rear
yard setback reaches a minimum of 0.45 metres at one corner of the ADU and increases to 1.5
metres at the adjacent corner (See Attachment 1 Site Plan). This rear yard setback is also an
increase from the 0.31 metre setback of the existing accessory structure. It is the opinion of staff that
the requested variance to permit a 0.45 metre rear yard setback instead of the minimum required
0.6 metres meets the general intent of the Zoning By-Law.
Maximum Height of ADU (Detached):
The intent of section 4.12.3 l) requiring a maximum height of 4.5 metres for a detached ADU is to
ensure that additional dwelling units are not excessive in height and to ensure that neighbouring
properties do not face walls. The ADU is similar in height to the primary dwelling and is a lesser
height than primary dwellings of neighbouring properties. There are no neighbours that would directly
face the ADU, and the minimum side yard setback of 0.6 metres is provided. It is the opinion of staff
that the requested variance to permit a building height of 5.0 metres for the ADU instead of the
maximum required 4.5 metres meets the general intent of the Zoning By-Law.
Is/Are the Effects of the Variance(s) Minor?
The variances can be considered minor as it is the opinion of staff that the requested variances will
not present any significant impacts to neighbouring properties and the overall neighborhood. The lot
is wide enough to accommodate an ADU, and the minimum walkway width of 1.1 metres is provided.
The rear yard setback is calculated on a lot line that is slanted, so only a small portion the ADU
would only be in violation of the minimum required 0.6 metres (See Attachment 1 Site Plan). The
building height of 5.0 metres does not present any significant impacts to adjacent properties and is
similar to the height of the primary dwelling.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variances are appropriate for the development and use of the land as they will facilitate a gentle
Environmental Planning Comments:
No environmental planning concerns.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the ADU
is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any
questions.
Engineering Division Comments:
No Comments.
Parks/Operations Division Comments:
No concerns or 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
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:
Site Plan
Attachment A Site Plan
May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
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tğŭĻ Њ ƚŅ Ћ
11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
REPORT TO:Committeeof Adjustment
DATE OF MEETING:June 20, 2023
SUBMITTED BY:Tina Malone-Wright, Interim Manager, Development Review
519-741-2200ext. 7765
PREPARED BY:Tim Seyler, Planner,519-741-2200ext. 7860
WARD(S) INVOLVED:Ward6
DATE OF REPORT:June 7, 2023
REPORT NO.:DSD-2023-279
SUBJECT:Minor Variance Application A2023-067–1198 Fischer Hallman Road
RECOMMENDATION:
That Minor Variance Application A2023-067for 1198 Fischer Hallman Roadrequesting relief
from Section 40.2.6of Zoning By-law 85-1, to permit a maximum building height of 15 metres
instead of the maximum permitted 10.5 metres,to facilitate the construction of 138 units in
the form of townhouse and stacked townhouse blocks,in accordance with Site Plan
Application SP23/006/F/AP, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for a minor variance to facilitate the
construction of 138 units in the form of townhouse and stacked townhouse blocks.
There are nofinancial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application hasbeen received, notice of the application was mailed
to all property owners within 30 metres of the subject propertyand this report wasposted to the
City’s website with the agenda in advance of the Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is locatedin close proximity to the corner of Fischer Hallman Road and Bleams
Road. It is bordered by low rise residential uses to the north and east. Commercial uses are to the
west and south. The property has received Site Plan Conditional Approval on the portionof the lands
that will require the minor variance for height.
The subject property is identified as ‘Urban Corridor’ on Map 2 –Urban Structure and is designated
‘Mixed Use Two’, ‘Medium Density Residential One’ and ‘Low Density Residential One’ within the
Rosenberg Secondary Planin the City’s Official Plan.
The property is zoned ‘Residential Six Zone (R-6)’ in Zoning By-law 85-1.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Subject property–1198 Fischer Hallman Road
The purpose of the report is to review an application for a minor variance to permit the construction
of 138 residential units in the form of townhouse and stacked townhouse blocks. A minor variance
is being sought to permit a maximum building height of 15 metres rather thanthe permitted maximum
height of 10.5 metres in height. It should be noted that the increase in height is being sought in
relation to the grade of the property as there is a significant grade change from one side of the
property to the other. A majority ofthe proposed townhouse blocks will meet the 10.5 metres in
height maximum, however due to the grade a portion several of the buildings will require the increase
in height.
The lands at the corner ofFischer-Hallman Road, shown in pink,are not part of this minor variance
application. Please refer to the attached Site Plan for theproposed residential townhouses and
stacked townhouseswhich have received conditional approval.
Figure 2: View of subject property
REPORT:
Planning Comments:
Inconsidering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The property has three designations within the Rosenberg Secondary Plan in Official Plan. The
designation of ‘Mixed Use Two’is applied to the portion of lands closest to Fischer Hallman Road
whichare not part of this application. The lands boarding the property to the North and East are
designated’Low Density Residential One’, and the lands in the centre of the property are designated
‘Medium Density Residential One’.
The‘Low Density Residential One’designation permits single detached dwellings, duplex dwellings,
semi-detached dwellings, and street townhouse dwellings. The ‘Medium Density Residential One’
designation permits an increased density in the form of street fronting townhouses, stacked
townhouses, and multiple dwellings.It also permits building heights that generally range between 3-
8 storeys.
The intent of the Low Density Residential One designation adjacent to the existing low rise residential
properties is to provide adequate transition from the established neighbourhood to the increased
density within the Medium Density Residential One designation.The townhouse block proposal
meets the intent of the Official Plan designations as it provides street townhouses on the outside of
the property and stacked townhouses within the centre of the property. This provides and adequate
transition withthe increased heightproposed. Staff is of the opinion that the variance meets the
general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum 10.5 metresin height is to ensure the low rise built form is maintained.
Zoning By-law 85-1 does permit an increase in height between the lowest point of finished grade
and the uppermost point of the building up to a maximum of 110% of the building height. This would
permit a 11.65 metre height at the lowest point of grade. However,with the substantial grade change
the proposed developments would still exceed the 110%. A majority of the townhouse blocks meet
the permitted heightnext to the low rise residential neighbourhood,however there are a few
instances where due to the grade the proposed 15 metres is required. Staff is of the opinion that the
variance meets the general intent of the Zoning By-law as the majority of the proposed buildings
meet the permitted height next to the low rise residential properties, and the requested increase in
height is for the interior townhouse blocks.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested varianceis minor as theincrease in height will not present any
significant impacts to adjacent properties or the overall neighbourhood.The requested height maintains
the low rise nature of the development and surrounding communities.
Is/Are the Variance(s)Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The proposed varianceisdesirable and appropriate for the development and use of the land as its
approval will facilitate the construction of aresidential development having 138 dwelling units, which
useispermitted in Zoning By-law85-1,working with the property’s natural grade, and will contribute to
the housing need in our community.
Environmental Planning Comments:
Environmentalplanning has no concern with the proposed minor variance. Natural Heritage and
Tree Management will be addressed through Site Plan Application SP23/006/F/AP.
Heritage Planning Comments:
A Heritage Impact Assessment (HIA) for the subject property was prepared in 2022. The HIA
concluded that while the structure on-site possesses cultural heritage value or interest, it’s historical
integrity has been lost. A demolition permit for the building has been approved. There are no further
heritage concerns.
BuildingDivisionComments:
The Building Division has no objections to the proposed variance provided building permit for the new
stacked townhouses are obtained prior to the construction. Please contact the Building Divisionat
building@kitchener.cawith any questions.
Engineering Division Comments:
Engineering Division has no comments or concerns.
Parks/Operations Division Comments:
Parks and Cemeteries concerns and requirements have been addressed through Site Plan
Application SP23/006/F/AP.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget –The recommendation has no impact on the Capital Budget.
Operating Budget –The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM –This report has been posted to the City’s website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City’s website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
Site Plan Application SP23/006/F/AP
ATTACHMENTS:
Attachment A –Conditional Approved Site Plan -SP23/006/F/AP
Attachment B –Building Elevations
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May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
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11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Raida, Chowdhury, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: June 7, 2023
REPORT NO.: DSD-2023-278
SUBJECT: Minor Variance Application A2023-068 35 Maywood Road
RECOMMENDATION:
That Minor Variance Application A2023-068 for 35 Maywood Road requesting relief from
Section 4.12.3 g) of Zoning By-law 2019-051, to permit an Additional Dwelling Unit (ADU)
(Detached) to be 62% of the building floor area of the principal dwelling instead of the
maximum permitted 50% to facilitate the conversion of an existing detached garage, 61
square metres in area, into a detached Additional Dwelling Unit (ADU) in the rear yard of the
subject property, generally in accordance with drawings prepared by Green Target
Engineering, dated January 25, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance to permit the conversion of an existing
detached garage into a detached ADU.
The key finding of this report is that the minor variance meets the four tests of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
This report supports the delivery of core services.
BACKGROUND:
The subject property is located south of the intersection between Maywood Road and Gerard
Avenue. It is a rectangular lot with a single detached residential property that contains two dwellings
and a detached garage located in the rear yard of the property.
The subject property is identified on Map 2 Urban Structure and is
on Map 3
Low Rise Residential Two Zone (RES-2-law 2019-051.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The purpose of the applicationis to review a minor variance to permit theconversion of an existing
detached garage into an ADU (Detached). The conversion to an ADU (Detached) is proposed for
the entirety of the garage. The building floor area of the principal dwelling (excluding the basement)
is 100.06 square metres, and the building floor area of the proposed ADU (existing garage) is 61.04
square metres. Zoning by-law 2019-051 Section 4.12.3 g) states that the building floor area for a
ADU (detached) shall not exceed 50% of the building floor area of the principal dwelling, or 80 square
meters, whichever is the less. Accordingly, a minor variance is requested to permit the proposed
ADU to be 62% and 61 square metres of the building floor area of the principal dwelling instead of
the maximum permitted building floor area indicated in Section 4.12.3 g).
The rear yard and left side yard setbacks of the existing garage exceed the 0.6 metre minimum
requirement stated in Zoning by-law 2019-051 Section 4.12.3 j), as the setbacks are 3.90 metres
and 0.69 metres, respectively. The proposed asphalt walkway meets the minimum width of 1.1
metres stated in Zoning by-law 2019-051 Section 4.12.3 n).
Figure 1 Ariel Photo of Subject Property
Figure 2 Site Plan
Staff visited the subject property on June 2, 2023.
Figure 3 Existing Detached Garage Photo from Site Visit
Figure 4 Front View Photo from Site Visit
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
Land Use. 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 convert an existing garage to a detached ADU meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum building floor area requirement is to ensure that the detached ADU is
subordinate to the principal dwelling, with respect to scale. The detached garage is 2.88 metres in
height, and the principal dwelling is 5.03 metres in height. The building floor area of the proposed ADU
is 61.04 square metres, and the building floor area of the principal dwelling is 100.06 square metres.
Given the size of the detached garage and that it is smaller relative to the principal dwelling, staff is of
the opinion that the requested variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variance can be considered minor as the conversion to a detached ADU is proposed for an existing
detached garage, and there are no new structures proposed.It is the opinion of the staff that as several
of the existing setbacks exceed the minimum requirements, the effects of the proposed ADU on
surrounding properties is minimal. The difference between the proposed ADU building floor area and
the maximum requirement is 12%, while the total building floor area (61.04 square metres) is smaller
than the maximum of 80 square metres.
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 as there are no new
structures proposed. The scale of the proposed ADU will not negatively impact the existing character
of the subject property or surrounding neighbourhood and will support a gentle intensification of
housing by facilitating the construction of an ADU on the subject property containing a dwelling unit.
Environmental Planning Comments:
Environmental Planning has no natural heritage concerns or tree management concerns.
Heritage Planning Comments:
Heritage Planning has no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit to convert
the garage structure into an ADU unit is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Parkland Dedication is not required for the proposed Additional Dwelling Unit (ADU).
There are two existing City-owned street trees that will be impacted by the proposed driveway
widening associated with the development and these trees should be protected to City standards
throughout construction as per Chapter 690 of the current Property Maintenance By-law. Suitable
arrangements including the submission and approval of a Tree Protection and Enhancement Plan
showing full protection for existing trees; an ISA valuation of City-owned trees and any required
securities or compensation for removed trees will be required to the satisfaction of Parks and
Cemeteries prior to the issuance of a Building Permit or curb cut permit. Please see Urban Design
Manual Part C, Section 13 and www.kitchener.ca/treemanagement.
Transportation Planning Comments:
Transportation Planning has no concerns.
Infrastructure Services Comments:
A curb cut permit would not be approved for any driveway widening of the City apron because of
impacts to the tree root zone.
GRCA Comments:
The GRCA has no concerns.
Region of Waterloo Comments:
The Region of Waterloo has no concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
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11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 7, 2023
REPORT NO.: DSD-2023-266
SUBJECT: Minor Variance Application A2023-069 213 Mill Street
RECOMMENDATION:
That Minor Variance Application A2023-069 for 213 Mill Street requesting relief from Section
5.22 h) of Zoning By-law 85-1 to permit an Attached Dwelling Unit (ADU) (Detached) to be 87%
of the building floor area of the principal dwelling and 111.1 square metres in area instead of
the maximum permitted 50% or 80 square metres, whichever is the less, to facilitate the
conversion of an existing detached garage into a detached ADU in the rear yard of the subject
property generally in accordance with drawings prepared by RJ CAD Solutions, submitted
with Minor Variance Application A2023-069, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance to permit the partial conversion of an
existing dual detached garage into a detached ADU.
The key finding of this report is that the minor variances meet the four tests of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
This report supports the delivery of core services.
BACKGROUND:
The subject property is located near the intersection of Mill Street and Stirling Avenue South.
on Map 2 Urban Structure and is
designated in the Mill Courtland Woodside Park Secondary Plan.
The property Residential Five Zone (R-5-law 85-1.
The purpose of the application is to review a minor variance to permit the partial conversion of an
existing garage into a detached ADU. The subject property is a single detached dwelling unit with a
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
dual garage in the rear yard of the property. The conversion to a detached ADU is proposed for the
right portion of the garage. The left portion will remain a garage with no alterations to the exterior
garage doors. The building floor area of the principal dwelling (excluding the basement) is 127.9
square meters. The building floor area of the existing garage is 111.1 square meters, while the
building floor area of the proposed detached ADU is 63.8 square meters. Zoning by-law 85-1 Section
5.22 h) states that the building floor area for a detached ADU shall not exceed 50% of the building
floor area of the principal dwelling, or 80 square meters, whichever is the less. Accordingly, a minor
variance is requested to permit that the proposed detached ADU be 87% of the building floor area
of the principal dwelling and 111.1 meters in area, instead of the maximum permitted floor area
indicated in Section 5.22 h).
The existing garage has setbacks which exceed the minimum requirements in Zoning By-law 85-1
Section 5.22 i) and j). The left side yard setback is 2.8 metres, the right side yard setback is 3.0
metres, and the rear yard setback is 1.5 metres.
The proposed asphalt walkway to the proposed detached ADU is 2.1 metres in width, which exceeds
1.1 metre with minimum width requirement in Zoning By-law 85-1 Section 5.22 o).
Figure 1 Ariel Photo of Subject Property
Figure 2 Site Plan
Staff visited the subject property on May 29, 2023.
Figure 3 Existing Detached Garage Photo from Site Visit
Figure 4 Front View Photo from Site Visit
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated in the Mill Courtland Woodside Park
Secondary Plan. This intent of this designation is to retain the existing low-rise stock while
simultaneously allowing a slight density increase by permitting conversion or redevelopment to a
maximum of three dwelling units. The proposed use of the property conforms to the designation, and
it is the opinion of staff the requested variance to permit a detached ADU meets the general intent
of the Secondary Plan.
General Intent of the Zoning By-law
The intent of the maximum building floor area requirement is to ensure that the detached ADU is
subordinate to the principal dwelling, with respect to scale. The detached garage is 3 metres in height,
and the principal dwelling is 6.3 metres in height. The building floor area of the proposed detached ADU
is 63.8 square meters, and the building floor area of the principal dwelling is 127.9 square meters. As
the size of the proposed ADU will be smaller than the principal dwelling, staff is of the opinion that the
requested variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variance can be considered minor as the conversion to a detached ADU is proposed for a portion
of an existing detached garage, and there are no new structures proposed. It is the opinion of the staff
that as the existing setbacks and proposed walkway exceed the minimum requirements, the effects of
the proposed detached ADU on surrounding properties is minimal. In particular, the proposed detached
ADU is on the right portion of the garage, and the right side yard set back is 3.0 metres, which suggests
that there will be minimal impacts to adjacent properties with respect to visibility. There is also an
existing landscape buffer (grass area) adjacent to the proposed detached ADU, which will remain.
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 as there are no new
structures proposed. The scale of the proposed detached ADU will not negatively impact the existing
character of the subject property or surrounding neighbourhood and will support a gentle intensification
of housing by facilitating the construction of a detached ADU on the subject property containing a
dwelling unit.
Environmental Planning Comments:
Environmental Planning has no natural heritage concerns or tree management concerns.
Heritage Planning Comments:
Heritage Planning has no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made to convert
a detached garage into an ADU and it is currently under review.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Parks and Operations Division has no concerns.
Transportation Planning Comments:
Transportation Planning has no concerns.
GRCA Comments:
The GRCA has no concerns.
Region of Waterloo Comments:
The Region of Waterloo has no concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
Mill Courtland Woodside Park Secondary Plan
May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
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11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:
To:Committee of Adjustment (SM)
Subject:A 2023-069 213 Mill St Kitchener Minor Variance
Date:Tuesday, June 13, 2023 8:39:50 AM
Hello,
I own the home beside this garage address and do not agree to
the proposed variance. We would agree if City of Kitchener Planning Department
stipulates a privacy screen/fence with tree plantings along the property line to block
sound and emissions that this future detached dwelling will create. It is in the
backyard of the home, side by side our backyard and would cause nuisance with
noise, lighting, emissions from vehicular traffic and lighting from vehicles as they turn
around. It would cause loss of enjoyment to the property, nuisance to resident's sleep,
odors, and emissions directly onto eating areas of our property.
Julie Tavares Das Neves
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: June 7, 2023
REPORT NO.: DSD-2023-283
SUBJECT: Minor Variance Application A2023-070 1950 Fischer Hallman Road
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2023-070 for 1950 Fischer Hallman Road requesting relief
from Section 54.2.1 of Zoning By-law 85-1 to permit the following:
i) For 'Building A' to have 14% of the primary ground floor facade to have display
windows or entrances instead of the minimum required 40%;
ii) For Building 'B' to have 35% of the primary ground floor facade to have display
windows or entrances instead of the minimum required 40%;
iii) For Building 'D' to have 20% of the primary ground floor facade to have display
windows or entrances instead of the minimum required 40%;
iv) For Building 'F' to have 6% of the primary ground floor facade to have display
windows or entrances instead of the minimum required 40%;
v) For the buildings facing Huron Road to have 45 metres between display windows
or doors instead of the maximum permitted 4 metres;
vi) For the buildings facing Fischer Hallman Road to have 9 metres between display
windows or doors instead of the maximum permitted 4 metres; and
vii) To permit a Minimum Width of Primary Ground Floor Façade of 47% of the length
of abutting street lines instead of the minimum required 50% of the length of
abutting street lines;
to facilitate the development of the site with a commercial development, in accordance with
Site Plan Application SP23/024/F/CD, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend approval minor variances to facilitate
the development of a commercial development on the subject property.
The key finding of this report is that the minor variances meet the four tests of the Planning Act.
There are no financial implications.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
This report supports the delivery of core services.
BACKGROUND:
The subject property is a vacant parcel of land located at the intersection of Huron Road and Fischer
Hallman Road in the Wallaceton Subdivision. The neighbourhood is comprised of a mix of low rise
and medium rise residential uses, commercial and institutional uses.
Figure 1: Location Map 1950 Fischer Hallman Road
The subject property is identified as a Community Node on Map 2 Urban Structure, identified as
on Map 22a Rosenberg Secondary Plan Community Structure Plan and is designated
Map 22e in
property is zoned (MU-2) with Special Regulation
Provision 637R, Special Use Provision 424U and Holding Provision 67Hin Zoning By-law 85-1.
The purpose of the application is to facilitate the development of the subject lands with a 8,499
square metre commercial development in accordance with Site Plan Application SP23/024/F/CD
with reduced ground floor window displays and ground floor façade length abutting a street. The
zoning by-law regulation for ground floor window displays applies per building whereas the ground
floor façade length abutting a street applies to the entirety of the site. The proposed development is
the first phase of development on the subject lands which will compromise of a mixed use development
with commercial and residential buildings.
Figure 2: Existing site conditions at 1950 Fischer Hallman Road
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
in the City of
. Lands designated Mixed Use Two are generally intended to provide
commercial and office uses that serve the entire Rosenberg Community and adjacent Planning
Communities, along with residential that is at higher densities than the surrounding area while achieving
a built form that is compatible, accessible, safe and efficient for all modes of travel. The proposed
commercial development is the first phase of development on the subject lands which will comprise of
a mixed use development with commercial and residential buildings. The proposed development is
compatible with the surrounding neighbourhood, well served by transit and includes pedestrian
connections to adjacent lands and throughout the site. Therefore, planning staff is of the opinion that
the requested variances meet t
General Intent of the Zoning By-law
The intent of the minimum 40 percent primary ground floor facade to have display windows or entrances
and requirement of the minimum width of primary ground floor façade of 50 precent of the length of
abutting street lines is to ensure streetscapes are animated and activatedat the street line with buildings
with adequate windows and openings to ensure there is high quality urban design in mixed use
developments. The proposed developmentachieves the intent of these regulations. Adequate windows
and openings are proposed along the street line for each building and the buildings include a variety of
materials, building setbacks and articulations that help enhance public realm. The proposed buildings
are located at the street edge and around the perimeter of the property with parking placed in the center
of the site screened from the street line by landscaping and the buildings. Furthermore, Special
Regulation 637R requires the approval of an Urban Design Brief and a Conceptual Master Site Plan for
the lands subject which has been approved and accepted by staff that includes building renderings that
demonstrates high quality urban design that contributes positively to the public realm and streetscapes.
Therefore, staff is of the opinion that the reduction in the required ground floor window display and
openings and ground floor façade length abutting a street meets the general intent of the zoning by-
law.
Is the Effects of the Variance Minor?
The requested variances to reduce the ground floor window display and openings for buildings on
the subject lands and reduce the ground floor façade length abutting a street from 50% to 47% is
minor in nature. Staff is of the opinion that the requested variances to reduce the required ground floor
window display and ground floor façade length abutting a street will allow for the development of a
commercial development with high quality urban design that contributes positively to the public realm
and streetscapes and is compatible with surrounding neighbourhood.
Is the Variance Desirable For The Appropriate Development or Use of the Land?
The variances are desirable and appropriate for the development and use of the land as they will
facilitate the development of the commercial development. The proposed commercial development
with reduced ground floor window displays and ground floor façade length abutting a street will not
negatively impact the character of the surrounding area.
Environmental Planning Comments:
Environmental Planning Staff have no concerns to the proposed variances.
Heritage Planning Comments:
Heritage Planning Staff have no concerns to the proposed variances.
Building Division Comments:
The Building Division has no objections to the proposed variances.
Engineering Division Comments:
Engineering staff have no concerns to the proposed variances.
Parks/Operations Division Comments:
Park and Operations staff have no concerns to the proposed variances.
Transportation Planning Comments:
Transportation Services have no concerns to the proposed variances.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
OMB Order PL110091 (Southeast Quadrant of Fischer Hallman Road and Huron Road)
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
City of Kitchener Official Plan 2014 and 1994
Zoning By-law 85-1
ATTACHMENTS:
Attachment A Conditionally Approved Site Plan
May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌВБААЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 20, 2023
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 3
DATE OF REPORT: June 9, 2023
REPORT NO.: DSD-2023-271
SUBJECT: Consent Application B2023-021 46 Second Avenue
RECOMMENDATION:
That Consent Application B2023-021 for 46 Second Avenue requesting consent to sever a
parcel of land having a lot width of 10 metres along Second Avenue, a lot depth of 40.2 metres
and a lot area of 404.7 square metres for a new 2 storey duplex dwelling, BE APPROVED
subject to the following conditions:
1. That the O
the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if
required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
Revenue Division.
3. That the owner provides a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as
well as two full size paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of the
ng Technologist.
4. That the Owner provides a servicing plan showing outlets to the municipal servicing system
to the satisfaction of the Director of Engineering Services.
5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site
(servicing, SWM etc.) with corresponding layer names and asset information to the
6. That the Owner makes financial arrangements for the installation of any new service
connections to the severed and/or retained lands to the satisfaction of the City's Director of
Engineering Services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
7.
expense prior to occupancy of the building to the sati
Engineering Services.
8. That the Owner provides confirmation that the basement elevation can be drained by gravity
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
9. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication
of $11,862.00.
10.
Demolition Control By-tor of Planning.
11. That the Owner obtains a Demolition Permit for the existing dwelling proposed to be
demolished, to the satisfaction of the Chief Building Official.
12.
agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction
a) That prior to any grading, servicing or the application or issuance of a building permit,
the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction
(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.
b) 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
13. That, prior to final approval, the applicant submits the Consent Application Review Fee of
$350.00 to the Region of Waterloo.
14. That the Owner enter into a registered agreement with the City of Kitchener on both the
Severed and Retained lots:
a) The Owner agrees that the dwelling will be fitted with a forced air-ducted heating
system suitably sized and designed with provision for the installation of central air
.
b) The following noise warning clause will be included in all offers of purchase, deeds
and rental agreements:
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 Environment, Conservation and Parks
noise on Conestoga Parkway (Highway 7/8) may, on occasions, interfere with some
activities of the dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo and the Ministry of the Environment Conservation
c) That as an alternative to a) and b) above, the owner/applicant agrees to complete
a road traffic noise study to the satisfaction of the City of Kitchener, in consultation
with the Region of Waterloo, and to amend this agreement to implement the
recommendations of the accepted noise study.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for consent to create 2 new lots for a new
duplex dwelling on each of the severed and retained parcels of land.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
ommittee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is an interior lot located on the west side of Second Avenue between Kingsway
Drive and Connaught Street and currently contains a single detached dwelling.
Figure 1: Location of Subject Property
Community Area Urban Structure and is designated
Low Rise Residential
The property is Low Rise Residential Four Zone (RES-4-law 2019-051.
The purpose of the application is to create a new lot to construct a new detached duplex dwelling on
the severed lands. A duplex dwelling would also be built on the retained lands. The existing detached
dwelling is proposed to be demolished.
Figure 2: View of Existing Detached Dwelling
Figure 3: Severance Sketch
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of new lot for a future duplex dwelling that is
compatible with the surrounding community and will make use of the existing infrastructure. No new
public roads would be required for the proposed development. Planning staff is of the opinion that
this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
represents gentle intensificat
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. The subject lands are designated Built-Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking-water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Community Areaon Map 2 Urban Structure and is designated
Low Rise Residential
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate developmen
The proposed lot widths and lot areas of the proposed severed and retained lots will meet the
minimum - zone lot width and lot area requirements and minor variances are not required.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and
area. The lands front onto a public street and full services are available. There are no natural heritage
features that would be impacted by the proposed consent application. Planning staff is of the opinion
that the proposed severance conforms with the City of Kitchener Official Plan.
Zoning By-law 2019-051
The subject property is zoned as (RES-4) in Zoning By-law 2019-
051. The RES- zone permits a range of low density dwelling types such as duplex dwellings. The
- Zone requires a minimum lot width of 9 metres (internal lots) and 12.8 metres (corner lots)
and minimum lot area of 235 square metres for duplex dwellings. The proposed lot widths and lot
areas of the proposed severed and retained lots meet the minimum - zone lot width and lot
area requirements.
As per Zoning By-law 2019-051, the maximum permitted width of a driveway is 40 percent of the lot
width or 4 metres wide for a 10-metre-wide lot. It is noted that the applicant is proposing to develop
each of the new lots with a duplex dwelling. Tandem parking is permitted for a duplex dwelling. It
should also be noted that given the maximum driveway width of 4 metres, side by side parking for
the duplex dwelling, or a driveway having a width of 5.2 metres, is not permitted.
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.
Environmental Planning Comments:
The following condition should be applied:
1. agreement
with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor
a) That prior to any grading, servicing or the application or issuance of a building permit, the
owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and
Supervisor of Site Plans 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.
b) 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
Supervisor of
Site Plans.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the demolition of the
existing building, as well as construction of the new residential buildings.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new service connections that may be required to service this property, all
prior to severance approval. Our records indicate sanitary, storm and water municipal services
are currently available to service this property. Any further enquiries in this regard should be
directed to Katie Wood (katie.wood@kitchener.ca).
expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with
corresponding layer names and asset information to the satisfaction of the Engineering Division
prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Parks/Operations Division Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new development lot
will be created. The cash-in-lieu dedication required is $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
10.06m at a land value of $36,080 per frontage meter with a per unit cap of $11,862.00.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
The purpose of the application is to sever the existing lot into two parcels for development of a
detached duplex dwelling on each of the two lots.
Environmental Noise Study
The location of the subject lands is in close proximity to Conestoga Parkway (HWY 7/8 & on-off ramp
(within 100m). Despite the existing noise barriers along the highway, the proposed dwellings are
anticipated to be exposed to traffic noise on Highway 7/8. It is anticipated that due to the close
proximity of the highway and the exposure to the highway ramps, the proposed dwellings will require
noise mitigation such as, but not limited to, the installation of air-conditioning and other special
building components.
The following conditions should be secured through a registered agreement with the City of
Kitchener for all dwelling units on both retained and severed lots:
The dwelling will be fitted with a forced air-ducted heating system suitably sized and designed
with provision for the installation of central
discretion.
The following noise warning clause will be included in all offers of purchase, deeds and rental
agreements:
on
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 Environment,
Conestoga Parkway (Highway 7/8) may, on occasions, interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the Region of
Alternatively, the applicant may choose to undertake a detailed environmental noise study to
assess the environmental noise impacts on the proposed residential dwellings on retained
and severed lots. The recommendations of the detailed noise study will be implemented
through a registered agreement with the City of Kitchener.
Airport Zoning Regulations (Advisory Comments)
Although there are no specific concerns for the proposed development from an airport perspective,
the owners are advised that the subject lands are within the Airport Zoning Regulated area (AZR),
specifically located under the airport take-off/approach runway flight path and are subject to all
provisions of the AZR. Residents may be subject to
noise and presence from flying aircraft.
Source Water Protection
For information, the property is designated Wellhead Protection Sensitivity Area 8 on Map 6a of the
Regional Official Plan (ROP). The purpose of this designation and corresponding policies in Chapter
required by the applicant.
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
The Region has no objection to the proposed application, subject to the following
conditions:
1. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to
final approval of the consent.
2. The owner/applicant enter into a registered agreement with the City of Kitchener to provide the
following: That for both the severed and retained lands:
a) The dwelling(s) will be fitted with a forced air-ducted heating system suitably sized and
designed with provision for the installation of central air conditioning in future at the
b) The following noise warning clause will be included in all offers of purchase, deeds and rental
agreements:
the provision
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 Environment,
Conservation and Parks (
noise on
Conestoga Parkway (Highway 7/8) may, on occasions, interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment
c) That as an alternative to a) and b) above, the owner/applicant agrees to complete a road
traffic noise study to the satisfaction of the City of Kitchener, in consultation with the Region
of Waterloo, and to amend this agreement to implement the recommendations of the
accepted noise study.
GRCA Comments
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM 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
ebsite or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
ROPA 6
Zoning By-law 2019-051
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
th
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 3
th
DATE OF REPORT: June 7, 2023
REPORT NO.: DSD-2023-282
SUBJECT: Minor Variance Applications A2023-071 and A2023-072 and
Consent Application B2023-022 228 Connaught Street
RECOMMENDATION:
Minor Variance Application A2023-071 (Retained Lot)
A. That Minor Variance Application A2023-071 for 228 Connaught Street requesting relief
from Section 5.3.3 c) i) of Zoning By-law 2019-051, to permit parking spaces to be located
within the exterior side yard and within 3 metres of the exterior side lot line to support the
parking requirement for the existing multiple dwelling (3 units), BE APPROVED.
Minor Variance Application A2023-072 (Severed Lot)
B. That Minor Variance Application A2023-072 for 228 Connaught Street requesting relief
from Section 7.3, Table 7-2, (3) of Zoning By-law 2019-051 to permit a minimum front yard
setback of 4.5 metres instead of the minimum required 7.25 metres to facilitate the
construction of a single detached dwelling on a proposed severed parcel of land, BE
APPROVED.
Consent Application B2023-022
C. That Consent Application B2023-022 for 228 Connaught Street requesting consent to
sever a parcel of land having a lot width of 11.5 metres, a lot depth of 20.1 metres and a
lot area of 235 square metres, BE APPROVED subject to the following conditions:
1. That Minor Variance Applications A2023-071 and A2023-072 receive final approval.
2. That the O
the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor,
if required.
3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4. That the owner provides a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full size paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
5. shall enter into an
agreement with the City of Kitchener, to be prepared by the City Solicitor, to the
the following:
a) That prior to any grading, servicing or the application or issuance of a building
permit, the owner shall submit a plan, prepared by a qualified consultant, to the
(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.
b) 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 Ci
6. That the 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
Building Official. The assessment shall address items such as, but not limited to,
spatial separation of existing buildi
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.
7. That the Owner provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
8. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site
(servicing, SWM etc.) with corresponding layer names and asset information to the
9. That the Owner makes financial arrangements for the installation of any new service
connections to the severed and/or retained lands to the satisfaction of the City's Director
of Engineering Services.
10.
f
Engineering Services.
11. That the Owner provides confirmation that the basement elevation can be drained by
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
12. a) The Owner shall enter into an agreement with the City of Kitchener, to be prepared
by the City Solicitor and registered on title of the severed and retained lands, which
shall include the following:
i) That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to the
Cemeteries. Said plan shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved. No changes to the said plan shall be granted except with the prior
s.
ii) The owner shall implement the Tree Protection and Enhancement Plan, prior to
any grading, servicing, tree removal or the issuance of building permits, to the
iii) The owner shall maintain the severed and retained lands, in accordance with
the approved Tree Protection and Enhancement Plan, for the life the
development. OR
b) Make arrangements regarding financial compensation for the tree(s) to be removed
& Cemeteries.
13. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
14. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review applications for minor variances and consent for the
creation of a new single detached dwelling.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
of the Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at the intersection of Fourth Avenue and Connaught Street in the
Vanier neighbourhood. It is also within an Established Neighbourhoods Area (Appendix D). The
surrounding area is characterized predominately by low-density residential uses in the form of single-
detached housing and low-rise multiple dwellings. The land is currently a multiple dwelling containing
three units. Community Areas Urban Structure and
Low Rise Residential The
Low Rise Residential Four Zone (RES-4Zoning By-law 2019-051. The
purpose of the application is to approve the minor variances and the consent for the creation of a
new single detached dwelling on the severed land.
nd
City staff conducted a site visit on June 2, 2023.
Figure 1: Aerial view of 228 Connaught Street
Figure 2: Street side yard view (location of severed parcel and rear yard)
Figure 3: Front view of the subject property
REPORT:
Planning Comments Minor Variance Application A2023-071 (Retained)
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
-Rise Residential land use designation is to permit a
variety of low-density residential uses, including single detached dwellings and low-rise multiple
dwellings. Regarding the parking spaces located in the exterior side yard, Policy 4.C.1.8 e) supports
the proposal as it will ensure the appropriate function of the lands and not create unacceptable
adverse impacts for adjacent properties. The variance will support the continued use of the property
for a multiple dwelling. Staff is of the opinion that the proposed minor variances maintain the general
intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the Zoning By-law of not locating parking spaces within the exterior side yard
and within 3 metres of the exterior side lot line of a multiple dwelling is to maintain the neighbourhood
aesthetics. As the driveway is currently existing and there are no proposed changes to the
development or landscaping, staff is of the opinion that the location of the parking spaces will meet
the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The driveway is currently functioning for the existing three-unit multiple dwelling at the subject
property. Staff is of the opinion that the requested variance is minor due to the existing conditions of
the site.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Staff is of the opinion that the variance is desirable for the use of the land and building. The requested
variance will result having 1 parking space per dwelling unit on the Retained Lot which will support
the continued use on the site.
Planning Comments Minor Variance Application A2023-072 (Severed)
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
housing
types which includes single detached dwellings. Policy 4.C.1.8 b) supports front yard setback
reductions for new buildings in established neighbourhoods similar to adjacent properties and
supports and maintain the character of the streetscape and neighbourhood. The proposed
development is a single detached dwelling in an established neighbourhood of similar low-rise
dwellings to the adjacent properties. The adjacent properties include housing types consisting of
semi-detached dwellings, single detached dwellings, and low-rise multiple dwellings. Staff is of the
opinion that the proposed variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the Zoning By-law of the required front yard setback is to support the existing
conditions of the neighbourhood and provide sufficient parking space for the development. According
to Appendix D, the front yard setback is calculated to be minimum 7.25 metres, the proposed
development of 4.5 metres setback remains the general intent of the Zoning By-law as the
development transitions from the adjacent semi-detached property located on the West and the
retained lands on the East. The new single detached dwelling is proposing an attached garage as a
part of the development, which will allow sufficient off-street parking. Staff is of the opinion that the
proposed variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The location of the proposed single detached dwelling will not have any unwanted adverse impacts
to the adjacent properties or the neighbourhood and maintain the setback pattern and character of
the streetscape.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Staff is of the opinion that the variance is appropriate for the use of land and building as it will still
maintain the streetscape while supporting a gentle intensification in the established neighbourhood.
Planning Comments Consent Application B2023-022:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of new lot for a future single detached dwelling
that is compatible with the surrounding community and will make use of the existing infrastructure.
Planning staff is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to high order transit and
the subject lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
-up area. The consent application to
sever the multiple dwelling to create a single detached dwelling, is consistent with the Growth Plan.
Regional Official Plan (ROP):
Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking-water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Community Areas Urban Structure and is
Low Rise Residentialon Map 3
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;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h)
Zoning By-law 2019-051
The subject property is zoned as Residential Four (RES-4) in Zoning By-law 2019-051. -
-density dwelling types such as single detached, semi-detached,
-
min-
multiple dwelling requires a minimum lot width of 15 metres and a lot area of 495 square metres.
The proposed lot width and lot area of the proposed severed and retained lots meet the minimum of
-
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 lot is desirable and appropriate.
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.
Environmental Planning Comments:
The following condition should be applied:
1.ter into an agreement
with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor
a) That prior to any grading, servicing or the application or issuance of a building permit, the
owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and
Supervisor of Site Plans 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.
b) 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 Supervisor of
Site Plans.
Heritage Planning Comments:
No concerns.
Building Division Comments:
No concerns, conditions provided.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation of new service connections that may be required to service this property, all
prior to severance approval. Our records indicate sanitary, storm and water municipal services
are currently available to service this property. Any further enquiries in this regard should be
directed to Katie Wood (katie.wood@kitchener.ca).
expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with
corresponding layer names and asset information to the satisfaction of the Engineering Division
prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Parks/Operations Division Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new development lot
will be created. The cash-in-lieu dedication required is $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
11.590.06m at a land value of $36,080 per frontage meter with a per unit cap of $11,862.00.
A City-owned tree will be impacted by the proposed development and the owner shall fulfill one of
the following options:
1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and
registered on title of the severed and retained lands, which shall include the following:
a. That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating
protection of the City-owned tree that is located adjacent to the severed and retained lands,
other matters, the identification of a proposed building envelope/work zone, landscaped area
and vegetation to be preserved. No changes to the said plan shall be granted except with
b. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading,
Director Parks & Cemeteries.
c. The owner shall maintain the severed and retained lands, in accordance with the approved
Tree Protection and Enhancement Plan, for the life the development. OR
2. Make arrangements regarding financial compensation for the tree(s) to be removed to the
Transportation Planning Comments:
No concerns.
Region of Waterloo Comments:
The purpose of the application is to sever the western portion of the property in order to create one
(1) new lot for single-detached dwelling in addition to the existing lot (dwelling to remain).
Airport Zoning Regulations (Advisory Comments)
Although there are no specific concerns for the proposed development from an airport perspective,
the owners are advised that the subject lands are within the Airport Zoning Regulated area (AZR),
specifically located under the airport take-off/approach runway flight path and are subject to all
provisions of the AZR. Residents may be subject to noise and presence from flying aircraft.
Source Water Protection
For information, the property is designated Wellhead Protection Sensitivity Area 8 on Map 6a of the
Regional Official Plan (ROP). The purpose of this designation and corresponding policies in Chapter
municipal groundwater supplies. No action is
required by the applicant.
Regional Fee
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
The Region has no objection to the proposed application, subject to the following condition:
1. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to
final approval of the consent.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
ivision. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЌВБААЍ
tğŭĻ Њ ƚŅ Ћ
11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
REPORT TO:Committeeof Adjustment
DATE OF MEETING:June 20, 2023
SUBMITTED BY:Tina Malone-Wright, Interim Manager, Development Review
519-741-2200ext. 7765
PREPARED BY:Eric Schneider,Senior Planner,519-741-2200ext. 7843
WARD(S) INVOLVED:Ward2
DATE OF REPORT:June 9, 2023
REPORT NO.:DSD-2023-267
SUBJECT:Minor Variance ApplicationsA2023-073, A2023-074 and A2023-075
ConsentApplicationsB2023-023and B2023-024
180 Zeller Drive
RECOMMENDATION:
Minor Variance Application A2023-073(Retained Lot)
A.That Minor Variance Application A2023-073for 180 Zeller Drive (Retained Lot)requesting
relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit a lot width of 12
metres instead of the minimum required 13.7 metres to facilitate the creation of a new lot
and construction of a single detached dwellinggenerally in accordance with drawings
prepared by JD Barnes Ltd, dated February 10, 2023, BE APPROVED.
Minor Variance Application A2023-074 (Severed Lot 1)
B.That Minor Variance Application A2023-074for 180 Zeller Drive (SeveredLot 1)requesting
relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit a lot width of 12
metres instead of the minimum required 13.7 metres to facilitate the creation of a new lot
and construction of a single detached dwellinggenerally in accordance with drawings
prepared by JD Barnes Ltd, dated February 10, 2023, BE APPROVED.
Minor Variance Application A2023-075 (Severed Lot 2)
C.That Minor Variance Application A2023-075for 180 Zeller Drive (Severed Lot 2)requesting
relief from:
i)Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit a lot width of 12.2 metres
instead of the minimum required 13.7 metres, and;
ii)Section 7.3, Table 7-1, Footnote (4) to permit an accessorybuilding to have a lot
coverage of 17% instead of the maximum permitted 15%;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
to facilitate the creation of a new lot and construction of a single detached dwelling
generally in accordance with drawings prepared by JD Barnes Ltd, dated February 10,
2023,BE APPROVED.
Consent Application B2023-023(Severed Lot 1)
D.That ConsentApplication B2023-023for 180 Zeller Drive requesting consent to sever a
parcel of land having a lot width of 12metres, a lot depth of 53.52metres and a lot area of
571square metres, BE APPROVEDsubject to the following conditions:
1.That Minor Variance Application A2023-074receive final approval.
2.That the Owner’s solicitor shall provide draft transfer documents and associated fees for
the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor,
if required.
3.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City’s Revenue Division.
4.That the owner provides a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyorin PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as twofull 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 at the sole option of the City’s Director of Planning, the Owner shall enter into an
agreement with the City of Kitchener, to be prepared by the City Solicitor, to the
satisfaction of the City Solicitor and the City’s Director of Planning, which shall include
the following:
a)That prior to any grading, servicing or the application 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 Supervisor of Site Plans 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.
b)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 Supervisor of Site Plans.
6.That the Owner obtains Demolition Control Approval, in accordance with the City’s
Demolition Control By-law, to the satisfaction of the City’s Supervisor, Development
Applications.
7.That the Owner obtains a Demolition Permit, for the existing single detached dwelling
proposed to be demolished, to the satisfaction of the Chief Building Official, and
removes the existing dwelling prior to deed endorsement.
8.That the Owner provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
9.That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site
(servicing, SWM etc.) with corresponding layer names and asset informationto the
satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
10.That the Owner makes financial arrangements for the installation of any new service
connections to the severed and/or retained lands to the satisfaction of the City's Director
of Engineering Services.
11.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.
12.That the Owner provides confirmation that the basement elevation can be drained by
gravity to the street sewers to the satisfaction of the City’s Director of Engineering
Services.If this is not the case, then the owner will need to pump the sewage via a pump
and forcemain to the property line and have a gravity sewer from the property line to the
street to the satisfaction of the City’s Director of Engineering Services.
13.That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication
of $11,862.00.
14.That the owner/applicant enter into a registered agreement with the Regional
Municipality of Waterloo for the severed and retained lands, to provide for the
following, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services:
To include the following warning clause on all offers to purchase and/or rental
agreements for all residential dwellings on the severed and retained lands:
“Prospective purchasers and tenants are advised that all lots and blocks in this plan
of subdivision are located within or in close proximity to one of the flight pathsleading
into and out of the Region of Waterloo International Airport and that aircraftnoise and
directional lighting along this flight path may cause concern to someindividuals”.
15.a) That the owner/applicant complete the appropriate study(ies) in accordance with
Policy 8.A.4 of the Regional Official Plan for the severed and retained lands should
geothermal energy systems be proposed for this development, and to enter into a
registered agreement with the Regional Municipality of Waterloo to provide for
implementation of the Study(ies), all to the satisfaction of the RegionalCommissioner
of Planning, Development and Legislative Services; OR
b)That the owner/applicant enter into a registered agreement with the Regional
Municipality of Waterloo for the severed and retained lands, to prohibit the use of
geothermal energy systems on the lands, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
Consent Application B2023-024 (Retained Lot 2)
E.That Consent Application B2023-024for 180 Zeller Drive requesting consent to sever a
parcel of land having a lot width of 12.2 metres, a lot depth of 55.3 metres and a lot area
of 616 square metres, BE APPROVED subject to the following conditions:
1.That Minor Variance Application A2023-075 receive final approval.
2.That the Owner’s solicitor shall provide draft transfer documents and associated fees for
the Certificate ofOfficial to the satisfaction of the Secretary-Treasurer and City Solicitor,
if required.
3.That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City’s Revenue Division.
4.That the owner provides a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyorin 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 at the sole option of the City’s Director of Planning, the Owner shall enter into an
agreement with the City of Kitchener, to be prepared by the City Solicitor, to the
satisfaction of the City Solicitor and the City’s Director of Planning, which shall include
the following:
a)That prior to any grading, servicing or the application 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 Supervisor of Site Plans 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.
b)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 Supervisor of Site Plans.
6.That the Owner obtains Demolition Control Approval, in accordance with the City’s
Demolition Control By-law, to the satisfaction of the City’s Supervisor, Development
Applications.
7.That the Owner obtains a Demolition Permit, for the existing single detached dwelling
proposed to be demolished, to the satisfaction of the Chief Building Official, and
removes the existing dwelling prior to deed endorsement.
8.That the Owner provides a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
9.That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site
(servicing, SWM etc.) with corresponding layer names and asset informationto the
satisfaction of the City’s Director of Engineering Services, prior to deed endorsement.
10.That the Owner makes financial arrangements for the installation of any new service
connections to the severed and/or retained lands to the satisfaction of theCity's Director
of Engineering Services.
11.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.
12.That the Owner provides confirmation that the basement elevation can be drained by
gravity to the street sewers to the satisfaction of the City’s Director of Engineering
Services.If this is not the case, then the owner will need to pump the sewage via a pump
and forcemain to the property line and have a gravity sewer from the property line to the
street to the satisfaction of the City’s Director of Engineering Services.
13.That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication
of $11,862.00.
14.The owner/applicant is required to submit the Regional consent review fee of $350.00
for Consent Application B2023-024 prior to final approval of the consent.
15.That the owner/applicant enter into a registered agreement with the Regional
Municipality of Waterloo for the severed and retained lands, to provide for the
following, to the satisfaction of the Regional Commissioner of Planning, Development
and Legislative Services:
To include the following warning clause on all offers to purchase and/or rental
agreements for all residential dwellings on the severed and retained lands:
“Prospective purchasers and tenants are advised that all lots and blocks in this plan
of subdivision are located within or in close proximity to one of the flight pathsleading
into and out of the Region of Waterloo International Airport and that aircraftnoise and
directional lighting along this flight path may cause concern to someindividuals”.
16.a) That the owner/applicant complete the appropriate study(ies) in accordance with
Policy 8.A.4 of the Regional Official Plan for the severed and retained lands should
geothermal energy systems be proposed for this development, and to enter into a
registered agreement with the Regional Municipality of Waterloo to provide for
implementation of the Study(ies), all to the satisfaction of the RegionalCommissioner
of Planning, Development and Legislative Services; or
b) That the owner/applicant enter into a registered agreement with the Regional
Municipality of Waterloo for the severed and retained lands, to prohibit the use of
geothermal energy systems on the lands, to the satisfaction of the Regional
Commissioner of Planning, Development and Legislative Services.
REPORT HIGHLIGHTS:
Thepurpose of this report is to review an application for consent for thecreation of2 new lots
(3 total) for a new single detacheddwelling on each of the 2severed and 1retained parcel of
land.
There are nofinancial implications.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application hasbeen received, notice of the application was mailed
to all property owners within 30 metres of the subject propertyand this report wasposted to the
City’s website with the agenda in advance of the Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property isan interior lotlocated on the North side of Zeller Drive between Janet Court
and Wild Meadow Street. The property is bounded by a walkway block and Natchez woods to the
East.
Figure 1: Location of Subject Property
Figure 2: View of Existing Detached Dwelling
Thesubject property is identified as ‘Community Area’ on Map 2 –Urban Structure and is designated
‘Low Rise Residential’ on Map 3 –Land Use in the City’s 2014 Official Plan.
The property is zoned ‘Low Rise Residential TwoZone (RES-2)’ inZoning By-law 2019-051.
The purpose of the application is to create a new lot to construct 3 new single detached dwellings
on the severed and retained lands. The existing single detached dwelling is proposed to be
demolished.
REPORT:
Planning CommentsMinor Variance ApplicationsA2023-073 (Retained Lot) andA2023-074
(Severed Lot 1):
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential in the Official Plan. The intent of this
designation is to encourage a range of different forms of housing to achieve a low density
neighbourhood.The requested variance for reductioninlot widthmaintainsthe general intent of the
Official Plan.
General Intent of the Zoning By-law
The intent of the regulationthat requires a minimum lot width of 13.7 metres is to ensure that lot
patterns are generally uniform and that there is enough lot width to facilitate site functionality.In
regards to uniform lot widths, the 3 lots to the West of the site that make up the balance of the block
are between 12 and 13 metres wide, having similar lot width to the proposed lots. In the opinion of
Staff, the proposed lot width of 12 metres is sufficient to provide site functionality, providing areaon
site for parking, outdoor amenity, access to the rear yard on both sides, and minimum required front
yard setback.Therefore, Staff is of the opinion that the requested variancesmeet the general intent
of the Zoning By-law.
Is/Are the Effects of theVariance(s) Minor?
The small reduction in lot width for the requested sites provides a similar lot size and pattern to the
surrounding area. The requested reduction of 1.7metresin lot width is considered minor by Staff.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variancesto reduce the lot width is considered appropriate for the use of the lands,
as they will facilitate an infill development and gentle intensification inthe neighbourhood and
support the City’s Housing Pledge.
Planning CommentsMinor Variance Application A2023-075 (severed lot 2)
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated Low Rise Residential in the Official Plan. The intent of this
designation is to encourage a range of different forms of housing to achieve a low density
neighbourhood.The requested variancesfor reductioninlot width and for increase in lot coverage
for an accessory building maintain the general intent of the Official Plan.
General Intent of the Zoning By-law
Lot Width:The intent of the regulationthatrequires a minimum lot width of 13.7 metres is to ensure
that lot patterns are generally uniform and that there is enough lot width to facilitate site functionality.
In regards to uniform lot widths, the 3 lots to the West of the site that make up the balance of the
block are between 12 and 13 metres wide, having similar lot width to the proposed lots. In the opinion
of Staff, the proposed lot width of 12.27metres is sufficient to provide site functionality, providing
area on site for parking, outdoor amenity, access to the rear yard on both sides, and minimum
required front yard setback.
Lot Coverage, Accessory Building: The intent of the regulation that limits accessory buildings to
15% lot coverage is to ensure an accessory building does not cause adverse impacts to adjacent
properties, and to maintain adequateamenity space. In this situation, the building is existing and is
accessory to the existing single detached dwelling on the lot. With the proposed severance of land,
the accessory building is still able to fit within the boundaries of “severed lot 2”, while meeting the
minimum yardsetbacks. The proposed site layout will maintain an adequately sized amenity space
in the rear yard. Therefore, Staff is of the opinion that the requested variancesmeets the general
intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Therequested variances represent small deviations from the required zoning regulations. Staff do
not anticipate any adverse impacts arising from the requested variances.Therefore, the variances
are considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variancestoareconsidered appropriate for the use of the lands,as the accessory
building is currently existing and is proposed to remain as is. The lot boundaries proposed can
incorporate the re-use of the structure on a newly created lot, which is desirable and efficient.
Therefore, Staff consider the requested variances to be appropriate for the use of the land.
Planning CommentsConsent ApplicationsB20223-023 & B20223-024:
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 two newlotsfor a future single detached
dwellingsthat arecompatible with the surrounding community and will make use of the existing
infrastructure. No new public roads would be required for the proposed development. Planning staff
is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
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. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking-water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
City’s Official Plan (2014)
The subject property is identified as ‘Community Area’ on Map 2 –Urban Structure and is designated
‘Low Rise Residential’ on Map 3 –Land Use in the City’s Official Plan.
Section 17.E.20.5 of the Official Plan implements Section51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
“17.E.20.5Applications for consent to create new lots will only be granted where:
a)the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
b)the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
c)all of the criteria for plan of subdivision are given due consideration;
d)the lot will have frontage on a public street;
e)municipal water services are available;
f)municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g)a Plan of Subdivision or Condominium has been deemed not to be necessary
forproper and orderly development; and,
h)the lot(s) will not restrict the ultimate development of adjacent properties.”
Zoning By-law 2019-051
The subject property is zoned as ‘Low Rise Residential TwoZone (RES-2)’ in Zoning By-law 2019-
051.The‘RES-2’zone permits a range of low density dwelling types such as single detached
dwellings.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding community. There are existing schools
within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the
Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for
the Greater Golden Horseshoe and is good planning and in the public interest.
Figure 3: Severance Sketch
Environmental Planning Comments:
The following condition should be applied:
1.That at the sole option of the City’s Director of Planning, the Owner shall enter into an agreement
with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor
and the City’s Director of Planning, which shall include the following:
a)That prior to any grading, servicing or the application 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 Supervisor of Site Plansshowing:
(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.
b)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 Supervisor of
Site Plans.
Heritage Planning Comments:
No Heritage Planning concerns.
BuildingDivisionComments:
The Building Division has no objections to the proposed variance. The Building Division has no
objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and
Supplemental Specifications for Municipal Services (DGSSMS)allows only one service per
lot. Separate building permit(s) will be required for the demolition of the existing building, as well as
construction of the new residential buildings.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the EngineeringDivision
for the installation of new service connections that may be required to service this property, all
prior to severance approval. Our records indicate sanitary, storm and water municipal services
are currently available to service this property. Any further enquiries in this regard should be
).
directed to Katie Wood(katie.wood@kitchener.ca
Any new driveways are to be built to City of Kitchener standards. All works are at the owner’s
expense and all work needs to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with
corresponding layer names and asset information to the satisfaction of the Engineering Division
prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Parks/Operations Division Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel #1as 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
12.00metresat a land value of $36,080 per frontage metrewith a per unit cap of $11,862.00.
Cash-in-lieu of park land dedication will be required on the severed parcel #2as 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
12.27metresat a land value of $36,080 per frontage metrewitha per unit cap of $11,862.00.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed applications.
Grand River Conservation Authority Comments:
GRCA has no objection to the approval of the above applications. The subject properties do not contain
any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The
properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not
required.
Region of Waterloo Comments:
Airport Zoning Regulations (Advisory Comments)
Although there are no specific concerns for the proposed development from an airportperspective,
the applicants are advised that the lands are within the Airport ZoningRegulated area (AZR) and
that there is only 23.5m above ground at this location. If acrane above this height is required for the
construction, an AZR exemption will berequired through Transport Canada (and that such
exemption application must includean Aeronautical Assessment showing that there are no impacts
to the instrumentapproach procedures for the Airport).
The applicants are further advised that the subject lands are subject to all provisions ofAirport
Zoning; and that the residents would be exposed to the presence and noise fromflying aircraft. For
further information on the above, the applicants may be directed to:
Jordan Vander Veen, P. Eng.
Senior Engineer, Region of Waterloo International Airport
Phone 519-648-2256 Ext 8514 Email: jvanderveen@regionofwaterloo.ca
Flight Path Advisory
As noted above, this development is in proximity to one of the flight paths leading intoand out of the
Region of Waterloo International Airport. The applicants will be requiredto enter into a registered
agreement with the Region of Waterloo to inform potentialpurchasers and residents/tenants of this
flight path and that aircraft noise anddirectional lighting along this flight path may cause concern to
some individuals.Wording of this advisory is set out below.
Source Water Protection
The property is designated Wellhead Protection Sensitivity Area 5 on Map 6a of theRegional Official
Plan (ROP). The purpose of this designation and correspondingpolicies in Chapter 8 of the ROP, is
to protect the Region’s long term municipalgroundwater supplies. Any proposed use of geothermal
energy systems within thisdesignation is subject to further study in accordance to Policy 8.A.4 of
the ROP. Theowner/applicant will be required to enter into an agreement with the Regional
Municipality of Waterloo to provide for implementation of such study, or to prohibit theuse of
geothermal energy systems.
Environmental Planning
The property is adjacent to a Core Environmental Feature (Significant Woodland),however, there is
an existing City-owned trail and associated right-of-way that separatesthe subject lands from the
Core Environmental Feature by the minimum required bufferwidth of 10m. As such, there are no
requirements related to the proposal to furtherdivide the property to accommodate additional
residential units.
Regional Fee
The Region acknowledges receipt of one (1) required consent review fee of $350.00received May
26, 2023.
The Region has no objection to the proposed application, subject to the following
conditions:
1.The owner/applicant is required to submit the Regional consent review fee of$350.00 for
Consent Application B2023-024prior to final approval of the consent.
2.The owner/applicantenter into a registered agreement with the RegionalMunicipality of Waterloo
for the severed and retained lands, to provide for thefollowing, to the satisfaction of the Regional
Commissioner of Planning,Development and Legislative Services:
Toinclude the following warning clause on all offers to purchase and/or rentalagreements for all
residential dwellings on the severed and retained lands:
“Prospective purchasers and tenants are advised that all lots and blocks in this planof
subdivision are located within or in close proximity to one of the flight pathsleading into and out
of the Region of Waterloo International Airport and that aircraftnoise and directional lighting
along this flight path may cause concern to someindividuals”.
3.a) That the owner/applicant complete the appropriate study(ies) in accordance with Policy 8.A.4
of the Regional Official Plan for the severed and retained lands shouldgeothermal energy
systems be proposed for this development, and to enter into aregistered agreement with the
Regional Municipality of Waterloo to provide forimplementation of the Study(ies), all to the
satisfaction of the RegionalCommissioner of Planning, Development and Legislative Services;
OR
b)That the owner/applicant enter into a registered agreement with the RegionalMunicipality
of Waterloo for the severed and retained lands, to prohibit the use ofgeothermal energy
systems on the lands, to the satisfaction of the RegionalCommissioner of Planning,
Development and Legislative Services.
General Comments
Any future development on the lands subject to the above-noted consent application willbe subject
to the provisions of Regional Development Charge By-law 19-037 or anysuccessor 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. Shouldyou require Regional staff to be in attendance
at the meeting or have any questions,please do not hesitate to contact the undersigned.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget –The recommendation has no impact on the Capital Budget.
Operating Budget –The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM –This report has been posted to the City’s website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City’s website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:Attachment A –Lot Severance Sketch
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C3134.135
C3134.134
May 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADANI
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 232 Bleams Road No Concerns.
2) A 2023 - 064 35 Belmont Avenue West No Concerns.
3) A 2023 - 065 26 Siebert Avenue No Concerns.
4) A 2023 - 066 82 South Drive No Concerns.
5) A 2023 067 1198 Fischer-Hallman Road No Concerns.
6) A 2023 - 068 35 Maywood Road No Concerns.
7) A 2023 - 069 213 Mill Street No Concerns.
8) A 2023 - 070 1950 Fischer-Hallman Road No Concerns.
9) A 2023 - 071 228 Connaught Street (Retained) No Concerns.
10) A 2023 - 072 228 Connaught Street (Severed) No Concerns.
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11) A 2023 073 to 075 180 Zeller Drive No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
2
June 2, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting June 20, 2023
Applications for Minor Variance
A 2023-05784 Maple Hill DriveA 2023-069213 Mill Street
A 2023-063232 Bleams RoadA 2023-0701950 Fischer Hallman Road
A 2023-06435 Belmont Avenue WestA 2023-071228 Connaught Street
A 2023-06526 Siebert AvenueA 2023-072228 Connaught Street
A 2023-06682 South DriveA2023-073toA 2023-075180 Zeller
A 2023-0671198 Fischer Hallman RoadDrive
A 2023-06835 Maywood Road
Applicationsfor Consent
B 2023-02146 Second Avenue
B 2023-022228 Connaught Street
B 2023-023 to B 2023-024180 Zeller Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority