HomeMy WebLinkAboutCA Agenda - 2023-09-19
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 x7869
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: September 6, 2023
REPORT NO.: DSD-2023-396
SUBJECT: Minor Variance Application A2023-080 15 Dellroy Avenue
RECOMMENDATION:
That Minor Variance Application A2023-080 for 15 Dellroy Avenue requesting relief
from the following sections of Zoning By-law 2019-051:
źΜ Requesting relief from Section 7.3, Table 7-6, to permit a front yard setback of
1 metre instead of the minimum required front yard setback of 3 metres and
to permit an interior side yard setback of 0 metres instead of the minimum
required interior side yard setback of 4.5 metres;
źźΜ Requesting relief from Section 5.6, Table 5-5, to allow 0.6 parking spaces per
dwelling unit (167 parking spaces) and 0.08 visitor parking spaces per
dwelling unit (24 parking spaces) instead of the minimum required 1 parking
space per dwelling unit (277 parking spaces) and 0.10 visitor parking spaces
per dwelling unit (28 parking spaces);
źźźΜ Requesting relief from Section 5.3.4 b) ii) to allow parking spaces and drive
aisles on the ground floor of a multiple dwelling building to be not entirely
behind the area on the ground floor devoted to permitted uses abutting a
street line facade, whereas the by-law requires all parking spaces and drive
aisles to be behind the area devoted to permitted uses abutting a street line
facade; and
źǝΜ Requesting relief from section 4.5 a) to allow encroachments into the
Driveway Visibility Triangle (DVT) abutting Weber Street East whereas no
encroachments into the Driveway Visibility Triangle (DVT) are allowed in;
to facilitate the development of an 18-storey mixed-use building with residential and
commercial uses while retaining the existing 6-storey apartment building in
accordance with Site Plan Application SP22/158/D/BB, BE APPROVED.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend approval of a Minor Variance
Application to facilitate the development of an 18-storey mixed use building on the
subject property.
This application was deferred at the July meeting to this meeting so that the applicant
could complete some survey work to ensure no further variances would be required.
This has been confirmed.
The issues related to the road widening have been addressed with no additional
variances and/or revisions required to the application.
Site Plan Application SP22/158/D/BB to facilitate the proposed development has
received Conditional Approval.
Since this is Unfinished Business, this request was not re-advertised.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property, municipally known as 15 Dellroy Avenue, is located at the
intersection of Dellroy Avenue and Weber Street East. The subject property before the
required 1.7 metre Weber Street East road widening is 5,720 m2 or 0.572 hectares and
roughly square in shape with 73.1 metres of frontage along Weber Street East and 76.7
metres of frontage along Dellroy Avenue (see Image 1). After the required road widening,
the subject property is 5,587 m2 or 0.55 hectares with the same frontage along Weber
Street East and 75 metres along Dellroy Avenue.
Currently there is an existing 6-storey apartment building on the subject property fronting
onto Dellroy Avenue which was originally constructed in the 1970s (see Image 2). Surface
parking located in the northwestern corner of the site is accessed from Dellroy Avenue to
the north of the existing apartment building (Underground parking is accessed via Weber
Street East to the east of the existing building. A grassed, sloped area covers the eastern
half of the property (see Image 1). This area includes an L-shaped existing foundation wall
within the eastern portion of the front yard and the northern portion of the interior side
yard. The foundation wall was originally intended to support the construction of a second
apartment building in an abandoned second phase of the project, and had been covered
by the grassed, sloped area to maintain a safe condition on site.
Image 1 15 Dellroy Avenue
The applicant is proposing to construct an 18-storey mixed-use building with a 4-storey
podium fronting Weber Street East while retaining an existing 6-storey, 46 dwelling unit
apartment building and associated underground parking structure. The new building will
include 231 dwelling units in the tower and podium. 200 parking spaces are proposed at the
surface and underground for all uses on the site. Specifically, 71 parking spaces are
proposed on a reconfigured surface parking area, which is accessed via the existing Dellroy
Avenue surface parking access and via a new Weber Street East access to facilitate fire
truck movements. 109 parking spaces are provided in two underground levels via a new
dedicated access from Weber Street East and 20 parking spaces are provided under the
existing 6-storey apartment building, accessed via the existing Dellroy Avenue access, and
connected to the new underground parking structure on the second underground level. The
applicant is in discussions with the Ministry of Transportation (Ontario) in consideration of a
long-term lease of the vacant MTO lands directly across Dellroy Avenue for up to 120
additional surface parking spaces. Any such leased parking is not permitted to count toward
meeting Zoning By-Law requirements.
Image 2 Photo of 15 Dellroy Avenue
The application was originally considered at the July 19, 2023, meeting where it was
deferred to allow the applicant an opportunity to complete surveying work, to determine
whether additional variances will be required due to the road widening work associated
with the proposed development. These matters have been addressed with the Region and
there are no additional variances required or revisions needed to the original request.
Therefore, staff is recommending approval of the minor variances.
Image 3 Proposed Site Development
REPORT:
Planning Comments Minor Variance Applications
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
pedestrian linkages
retail and commercial uses and intensification opportunities that
should be transit supportive
development and redevelopment must have a Floor Space Ratio between 2.0
and 4.0. The minor variances to facilitate this development will meet the intent of the
Official Plan.
General Intent of the Zoning By-law
-
By-law 2019--residential uses.
This zone category requires a minimum Front Yard and Exterior Yard Setback of 3.0
metres and a minimum Interior Side Yard Setback of 4.5 metres. Section 5 of the Zoning
By-law (Parking, Loading, and Stacking) requires 1.0 parking spaces per dwelling unit plus
0.1 per dwelling unit of visitor parking and 1.0 parking spaces per 33 m2 of non-residential
GFA. It further requires that ground floor parking spaces and drive aisles for multiple
dwelling buildings be located entirely behind permitted uses abutting the street line façade
of the building, such as the proposed residential and non-residential uses, except for
access. Section 4 of the Zoning By-Law (General Regulations) requires driveway visibility
triangles at all driveway accesses and restricts any obstructions to visibility, including
buildings, except for objects 0.9 metres or less in height from the ground or objects higher
than 5 metres in height from the ground.
The minor variances have been reviewed in the context of Site Plan Application
SP22/158/D/BB to ensure that the proposal and built form support the planned function of
the land use designation and intent of the zone category and Zoning By-law. Accordingly,
the intent of the Zoning By-law will be maintained.
Is/Are the Effects of the Variance(s) Minor?
The effects of the variances will be minor. The proposed development has been reviewed
to ensure that it is compatible in built form and can function appropriately on the subject
lands. A Transportation Impact Study and Parking Study has been submitted and
accepted by Transportation Planning Staff. Also as Site Plan Application SP22/158/D/BB,
to facilitate this development, has received conditional approval, the effects of the
variances will be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The minor variances are desirable and appropriate as they will facilitate the development
of an 18-storey mixed-use building with a 4-storey podium fronting Weber Street East
while retaining an existing 6-storey, 46 dwelling unit apartment building and associated
underground parking structure. The new building will provide an additional 231 dwelling
units,
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances provided a building permit
for the new residential building is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns
Transportation Planning Comments:
It should be noted that Paradigm Transportation Solutions Limited submitted (November
2022) a Transportation Impact Study and Parking Study, which was reviewed by
Transportation Services. Transportation Services staff have dealt with the applicant
regarding the proposed parking rate and encroachments into the driveway visibility
triangles and are supportive of both.
Grand River Conservation Authority Comments:
No objections or concerns.
Region of Waterloo Comments:
Since the July Committee of Adjustment meeting the applicant has submitted a Draft
Reference Plan to the Region for their review. Corridor Planning staff has confirmed that
the R-Plan is acceptable and asks that the Draft R-Plan be deposited and copy of
Deposited R-Plan be sent to the Region for their files.
The applicants are advised that any encroachments at, under or over the ground will not
be considered within the Regional road right-of-way. The building offsets must be taken
according to this R-Plan, once registered.
Airport Zoning (Advisory):
The owners/applicants are also advised that the subject property falls within the Region of
Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for
Runway 08. Using the Region of Waterloo International Airport Zoning Regulations (AZR)
online tool (https://www.waterlooairport.ca/en/about-ykf/airport-zoning-regulations-
update.aspx), the permitted building height for the subject property is 399.5m Above Sea
Level (ASL), the maximum building height is 75.5m based on a maximum ground level of
324m ASL. Please ensure that the building heights for the proposed development comply
with the Region of Waterloo Airport zoning and height restrictions. The Region of Waterloo
International Airport AZR also regulates any construction of towers/cranes for a proposed
development. Any proposed development at this location must ensure that construction
towers/cranes also comply with the Region of Waterloo International AZR.
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
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
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)
ROPA 6
Official Plan (2014)
Zoning By-law 2019-051
DSD-2023-314
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 18, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 x7869
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: July 5, 2023
REPORT NO.: DSD-2023-314
SUBJECT: Minor Variance Application A2023-080 - 15 Dellroy Avenue
RECOMMENDATION:
That Minor Variance Application A2023-080 for 15 Dellroy Avenue requesting relief from the
following sections of Zoning By-law 2019-051:
źΜ Requesting relief from Section 7.3, Table 7-6, to permit a front yard setback of 1 metre
instead of the minimum required front yard setback of 3 metres and to permit an
interior side yard setback of 0 metres instead of the minimum required interior side
yard setback of 4.5 metres;
źźΜ Requesting relief from Section 5.6, Table 5-5, to allow 0.6 parking spaces per dwelling
unit (167 parking spaces) and 0.08 visitor parking spaces per dwelling unit (24 parking
spaces) instead of the minimum required 1 parking space per dwelling unit (277
parking spaces) and 0.10 visitor parking spaces per dwelling unit (28 parking spaces);
źźźΜ Requesting relief from Section 5.3.4 b) ii) to allow parking spaces and drive aisles on
the ground floor of a multiple dwelling building to be not entirely behind the area on
the ground floor devoted to permitted uses abutting a street line facade, whereas the
by-law requires all parking spaces and drive aisles to be behind the area devoted to
permitted uses abutting a street line facade; and
źǝΜ Requesting relief from section 4.5 a) to allow encroachments into the Driveway
Visibility Triangle (DVT) abutting Weber Street East whereas no encroachments into
the Driveway Visibility Triangle (DVT) are allowed in;
to facilitate the development of an 18-storey mixed-use building with residential and
commercial uses while retaining the existing 6-storey apartment building in accordance with
Site Plan Application SP22/158/D/BB, BE DEFERRED to a future meeting date agreeable to
the Applicant.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend Deferral of a Minor Variance Application
to facilitate the development of an 18-storey mixed use building on the subject property.
Site Plan Application SP22/158/D/BB to facilitate the proposed development has received
Conditional Approval.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Region of Waterloo Staff have identified some potential concerns with the DVT Minor Variance
due to a proposed road widening along Weber Street East. The Applicant is agreeable to some
more detailed work being completed by an Ontario Land Surveyor to establish the road widening
and confirm the location of the proposed building relative to the newlot line and CVT and DVT.
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
.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property, municipally known as 15 Dellroy Avenue, is located at the intersection of
Dellroy Avenue and Weber Street East. The subject property before the required 1.7 metre Weber
Street East road widening is 5,720 m2 or 0.572 hectares and roughly square in shape with 73.1
metres of frontage along Weber Street East and 76.7 metres of frontage along Dellroy Avenue (see
Image 1 above). After the required road widening, the subject property is 5,587 m2 or 0.55 hectares
with the same frontage along Weber Street East and 75 metres along Dellroy Avenue.
Image 1 15 Dellroy Avenue
Currently there is an existing 6-storey apartment building on the subject property fronting onto
Dellroy Avenue which was originally constructed in the 1970s(see Image 2). Surface parking located
in the northwestern corner of the site is accessed from Dellroy Avenue to the north of the existing
apartment building (Underground parking is accessed via Weber Street East to the east of the
existing building. A grassed, sloped area covers the eastern half of the property (see Image 1). This
area includes an L-shaped existing foundation wall within the eastern portion of the front yard and
the northern portion of the interior side yard. The foundation wall was originally intended to support
the construction of a second apartment building in an abandoned second phase of the project, and
had been covered by the grassed, sloped area to maintain a safe condition on site.
The applicant is proposing to construct an 18-storey mixed-use building with a 4-storey podium
fronting Weber Street East while retaining an existing 6-storey, 46 dwelling unit apartment building
and associated underground parking structure. The new building will include 231 dwelling units in
the tower and podium. 200 parking spaces are proposed at the surface and underground for all uses
on the site. Specifically, 71 parking spaces are proposed on a reconfigured surface parking area,
which is accessed via the existing Dellroy Avenue surface parking access and via a new Weber
Street East access to facilitate fire truck movements. 109 parking spaces are provided in two
underground levels via a new dedicated access from Weber Street East and 20 parking spaces are
provided under the existing 6-storey apartment building, accessed via the existing Dellroy Avenue
access, and connected to the new underground parking structure on the second underground level.
The applicant is in discussions with the Ministry of Transportation (Ontario) in consideration of a
long-term lease of the vacant MTO lands directly across Dellroy Avenue for up to 120 additional
surface parking spaces. Any such leased parking is not permitted to count toward meeting Zoning
By-Law requirements.
Image 2 Photo of 15 Dellroy Avenue
Image 3 Proposed Site Development
REPORT:
Planning Comments Minor Variance Applications
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
Map 3 of th
pedestrian linkages and be integrated with
retail and
commercial uses and intensification opportunities that should be transit supportive
development and redevelopment must have a Floor
Space Ratio between 2.0 and 4.0. The minor variances to facilitate this development will meet the
intent of the Official Plan.
General Intent of the Zoning By-law
--law
2019--residential uses. This zone category
requires a minimum Front Yard and Exterior Yard Setback of 3.0 metres and a minimum Interior
Side Yard Setback of 4.5 metres. Section 5 of the Zoning By-law (Parking, Loading, and Stacking)
requires 1.0 parking spaces per dwelling unit plus 0.1 per dwelling unit of visitor parking and 1.0
parking spaces per 33 m2 of non-residential GFA. It further requires that ground floor parking spaces
and drive aisles for multiple dwelling buildings be located entirely behind permitted uses abutting the
street line façade of the building, such as the proposed residential and non-residential uses, except
for access. Section 4 of the Zoning By-Law (General Regulations) requires driveway visibility
triangles at all driveway accesses and restricts any obstructions to visibility, including buildings,
except for objects 0.9 metres or less in height from the ground or objects higher than 5 metres in
height from the ground.
The minor variances have been reviewed in the context of Site Plan Application SP22/158/D/BB to
ensure that the proposal and built form support the planned function of the land use designation and
intent of the zone category and Zoning By-law. Accordingly, the intent of the Zoning By-law will be
maintained.
Is/Are the Effects of the Variance(s) Minor?
The effects of the variances will be minor. The proposed development has been reviewed to ensure
that it is compatible in built form and can function appropriately on the subject lands. A Transportation
Impact Study and Parking Study has been submitted and accepted by Transportation Planning Staff.
Also as Site Plan Application SP22/158/D/BB, to facilitate this development, has received conditional
approval, the effects of the variances will be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The minor variances are desirable and appropriate as they will facilitate the development of an 18-
storey mixed-use building with a 4-storey podium fronting Weber Street East while retaining an
existing 6-storey, 46 dwelling unit apartment building and associated underground parking structure.
The new building will provide an additional 231 dwelling units, for a total of 277 dwelling units and
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances provided a building permit for the
new residential building is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns
Transportation Planning Comments:
It should be noted that Paradigm Transportation Solutions Limited submitted (November 2022) a
Transportation Impact Study and Parking Study, which was reviewed by Transportation Services.
Transportation Services staff have dealt with the applicant regarding the proposed parking rate and
encroachments into the driveway visibility triangles and are supportive of both.
Grand River Conservation Authority Comments:
No objections or concerns.
Region of Waterloo Comments:
The Regional staff do not support this minor variance application. Any structures within the Daylight
Triangle (DLT) and any encroachment under, at or above the ground within the Regional right of
way, including the daylight triangle (including the lands to be dedicated to the Region), will not be
allowed. The buildings and the site must be designed accordingly.
Planning Staff Comments:
Site Plan Application SP22/158/D/BB received Conditional Approval on May 15, 2023. During the
review of the Site Plan there was considerable dialogue with the Region with respect to the required
road widenings, the location of the building and proposed landscaping within the Regional Road
allowance. There are 2 triangles in this location, a Corner Visibility Triangle (CVT) and a Driveway
Visibility Triangle (DVT). The
the corner of Weber Street Eat and Dellroy Avenue. The applicant has requested a Minor Variance
with respect to the Driveway Visibility Triangle (DVT). Some survey work needs to be done to confirm
the road widening and the impacts to the proposed development. In any case, the applicant can
confirm that building will be adjusted to comply with the Regional CVT. However, in the absence of
this more detailed survey work to establish the road widening and confirm the location of the
proposed building relative to the new lot line and CVT and DVT, the Applicant has requested to defer
this application.
Corner Visibility Area - means the area formed within a corner lot by two triangles, where the
intersecting street lines form the legs of each triangle, and the triangles extend from the street
linepoint of intersection.
Corner Visibility Triangle means a triangular area formed within a corner lot by the intersecting
street lines or the projections thereof, and a straight line connecting them from their point of
intersection.
Driveway Visibility Triangle means a triangular area formed within a lot by the intersection of an
edge of a driveway and a lot line, or the projections thereof, and a straight line connecting them from
their point of intersection.
Airport Zoning (Advisory):
The owners/applicants are also advised that the subject property falls within the Region of Waterloo
Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. Using the
Region of Waterloo International Airport Zoning Regulations (AZR) online tool
(https://www.waterlooairport.ca/en/about-ykf/airport-zoning-regulations-update.aspx), the permitted
building height for the subject property is 399.5m Above Sea Level (ASL), the maximum building
height is 75.5m based on a maximum ground level of 324m ASL. Please ensure that the building
heights for the proposed development comply with the Region of Waterloo Airport zoning and height
restrictions. The Region of Waterloo International Airport AZR also regulates any construction of
towers/cranes for a proposed development. Any proposed development at this location must ensure
that construction towers/cranes also comply with the Region of Waterloo International AZR.
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 (ROP)
ROPA 6
Official Plan (2014)
Zoning By-law 2019-051
June 30, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (5) 08 WEBER KIT, 15 DELLROY AVENUE
Kitchener, 2296342 ONTARIO INCORPORATED
ON N2G 4G7
(12) VAR KIT, 30 AND 40 MARGARET
AVENUE ACTIVA HOLDINGS
Subject: Committee of Adjustment Meeting July 18, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 076 912 Otterbein Court No Concerns.
2) A 2023 - 077 176 Indian Road No Concerns.
3) A 2023 - 078 35 Fifth Avenue There are no conditions for this application.
However, the owners are advised that the proposed and existing dwelling(s) on
the subject lands would have impacts from the transportation noise in the vicinity.
The owners are responsible for ensuring that the subject development does not
have any environmental noise impacts. In the absence of a detailed noise study,
the staff strongly recommend that all dwelling units be installed with air-ducted
heating and ventilation system, suitably sized and designed for the provision of
central air conditioning. This will avoid retrofit at any later application stage, e.g.
Consent/Condo.
There are no airport-specific concerns for the proposed development. However,
the owners are advised that the subject lands are located within the Airport
Zoning Regulated area and specifically under the runway take-off/approach
surface; and, as such, subject to all provisions of the Airport Zoning Regulations.
4) A 2023 - 079 55 Rockcliffe Drive No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЋЊЎЉВ
tğŭĻ Њ ƚŅ Ќ
5) A 2023 080 15 Dellroy Avenue The Regional staff do not support this
minor variance application. Any structures within the Daylight Triangle (DLT)
and any encroachment under, at or above the ground within the Regional right of
way, including the daylight triangle (including the lands to be dedicated to the
Region), will not be allowed. The buildings and the site must be designed
accordingly.
Airport Zoning (Advisory):
The owners/applicants are also advised that the subject property falls within the
Region of Waterloo Zoning Regulated Area, specifically under the Take-
off/Approach Surface for Runway 08. Using the Region of Waterloo International
Airport Zoning Regulations (AZR) online tool
(https://www.waterlooairport.ca/en/about-ykf/airport-zoning-regulations-
update.aspx), the permitted building height for the subject property is 399.5m
Above Sea Level (ASL), the maximum building height is 75.5m based on a
maximum ground level of 324m ASL. Please ensure that the building heights for
the proposed development comply with the Region of Waterloo Airport zoning and
height restrictions. The Region of Waterloo International Airport AZR also
regulates any construction of towers/cranes for a proposed development. Any
proposed development at this location must ensure that construction
towers/cranes also comply with the Region of Waterloo International AZR.
6) A 2023 - 081 333 Pine Valley Drive No Concerns.
7) A 2023 - 082 685 Frederick Street No Concerns.
8) A 2023 - 083 15 Kenora Drive No concerns/conditions for this application. Staff
note that the subject lands are located within the Airport Zoning Regulated area
and specifically under the runway take-off/approach surface; and, as such,
subject to all provisions of the Airport Zoning Regulations.
9) A 2023 - 084 151 Frederick Street There are no conditions for this application.
However, the applicants are advised that they are responsible for ensuring that
the proposed development does not have any environmental noise impacts (both
on-site and off-site).
10) A 2023 - 085 920 Keewatin Place No Concerns.
11) A 2023 086 59 Graber Place Although there are no conditions for this
application, the staff note that there are noise-sensitive land uses, specifically the
backyards of many residential dwellings, in the immediate vicinity of the subject
lands, which may have impacts from the noise from the proposed storage related
activities. The staff recommend that the City staff look into this as deemed
appropriate.
2
12) A 2023 087 30-40 Margaret Avenue 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
3
June 29, 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 July18, 2023
Applications for Minor Variance
A 2023-077176 Indian Road
A 2023-07835 Fifth Avenue
A 2023-07955 Rockcliffe Drive
A 2023-08015 Dellroy Avenue
A 2023-081333 Pine Valley Drive
A 2023-082685 Frederick Street
A 2023-08315 Kenora Drive
A 2023-084151 Frederick Street
A 2023-085920 Keewatin Place
A 2023-08730-40 Margaret Avenue
Applicationsfor Consent
B 2023-02597 Second Avenue
B 2023-02630-40 Margaret Avenue
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: August 15, 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 2
DATE OF REPORT: July 28, 2023
REPORT NO.: DSD-2023-342
SUBJECT: Minor Variance Application A2023-100 332 Prospect Avenue
RECOMMENDATION:
That Minor Variance Application A2023-100 for 332 Prospect Avenue requesting
relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a rear yard
setback of 4.6 metres and 6.9 metres instead of the minimum required 7.5 metres, to
facilitate the construction of a detached dwelling, generally in accordance with
drawings prepared by Bobicon Ltd., dated June 28, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance to facilitate the construction of
a single detached dwelling.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is a vacant lot located near the intersection of Kenneth Avenue and
Prospect Avenue.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Ariel Photo of Subject Property
on Map 2 Urban Structure and is
on Map 3
Low Rise Residential Four Zone (RES-4-law 2019-
051.
The purpose of the application is to review a rear yard setback variance to facilitate the
construction of a single detached dwelling. The subject property is currently a vacant lot,
with a lot area of 342.2 square metres. The proposed site plan for the single detached
dwelling indicates a rear yard setback of 4.6 metres on the left side of the rear yard and a
setback of 6.9 metres on the right side of the rear yard. As a result of the irregular shape
of the rear area of the property and the proposed design of the single detached dwelling,
the minimum rear yard setback of 7.5 metres is not able to be met.
Staff visited the subject property on July 26, 2023.
Figure 2 Proposed Site Plan
Figure 3 Front View of Subject Property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
on Map 3 Land Use. The Low
Rise Residential land use designation permits 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.
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. It is the opinion of staff that the variance to facilitate the proposed use of a
single detached dwelling meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the rear yard setback requirement is to ensure that there is an
adequate separation from adjacent properties with respect to privacy concerns, and that
there is appropriate amenity space for residents. The proposed site plan indicates that
there will be adequate amenity space for residents in the rear yard, due to the shape of the
lot. The privacy concerns appear minimal due to the existing fence and the larger rear yard
setbacks on adjacent properties. As such, staff is of the opinion that the variance meets
the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variance is minor, as any privacy concerns
related to adjacent properties are minimal, the reduced rear yard setback will still provide a
sufficient amenity area and will not have 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?
Planning staff is of the opinion that the variance to reduce the minimum rear yard setback
is appropriate for the desirable development of the lands, as it will facilitate the
construction of a dwelling on an existing irregular-shaped lot.
Environmental Planning Comments:
Environmental Planning has no concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the single detached dwelling 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 with this application.
Parks/Operations Division Comments:
Parks/Operations Division have no concerns with this application.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
There are no concerns/requirements for the above application. The owners are advised
that the subject property falls within the Region of Waterloo Zoning Regulated Area,
specifically under the Take-off/Approach Surface for Runway 08. For more information in
this regard, please contact Jordan Vander Veen, Manager at 519-648-2256 ext. 8514
Email: jvanderveen@regionofwaterloo.ca.
Grand River Conservation Authority Comments:
The GRCA have no concerns with this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
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 2019-051
July 25, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH
Kitchener, SUBDIVISION
ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD
WEST MCCRORY ASSOCIATES LIMITED
(9) 04 URBAN, 1020 OTTAWA STREET
NORTH OTTAWA-RIVER DEVELOPMENTS
(11) VAR KIT GEN, 134 TO 152 SHANLEY STREET
SHANNONDALE
(16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS
INC (HURON B2 LANDS)
Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 088 52 Earl Street No Concerns.
2) A 2023 - 089 204 Fifth Avenue No Concerns.
3) A 2023 - 090 2-56 Benninger Drive No Concerns.
4) A 2023 - 091 181 Weber Street East There are no Concerns for the above
application to keep the existing setbacks due to the existing conditions of the
building.
However, the owners are advised that at the future development application stage
on the subject property, a dedicated road widening of approximately 3.05m may
be required to comply with the ROP Designated Road width of 26.213m, and the
existing building will be encroaching within the Regional right-of-way. Under any
future development application stage, an encroachment agreement may also be
required to keep the existing building with the existing setbacks.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ
tğŭĻ Њ ƚŅ Ќ
Staff strongly advise that the applicants consider doing the building addition
fronting Weber Street accordingly such that the building does not encroach into
future Regional right-of-way.
5) A 2023 092 68 Rushbrook Drive No Concerns.
6) A 2023 - 093 460 Highland Road West No Concerns.
7) A 2023 - 094 39 Third Avenue No Concerns.
8) A 2023 - 095 64 Garden Avenue No concerns.
9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for
this application. The staff notes that the City staff ensures this is consistent with
10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns
to this application. However, the staff note that dwellings on the subject lands may
have environmental noise impacts from traffic on Weber Street East (RR #08).
11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this
application. The owners are advised that the proposed development (specifically
higher floors) may have transportation noise impacts from the Region of Waterloo
Railway Line (approximately 109m) and Weber Street West (approximately
153m).
12) A 2023 099 195 Victoria Street North There are no requirements for this
application. However, the owners are advised that:
a) The proposed development will have transportation noise impacts from
Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street
North (RR #55), and any potential stationary noise sources in the vicinity. The
owners are responsible for ensuring that the proposed development does not
have any environmental noise impacts (both on-site and off-site).
b) A development application, e.g. Site Plan / Consent on these lands, would
require approximately 3.05m of road dedication along the frontage on Victoria
Street.
13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for
the above application. The owners are advised that the subject property falls
within the Region of Waterloo Zoning Regulated Area, specifically under the
Take-off/Approach Surface for Runway 08. For more information in this regard,
please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email:
jvanderveen@regionofwaterloo.ca
14) A 2023 101 471 Duke Street West No Concerns.
15) A 2023 102 485 Huron Road (Commercial) No Concerns.
2
16) A 2023 103 485 Huron Road (Residential) There are no concerns. The
owners should ensure that this does not affect the recommendations of the
approved noise study for this development.
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
Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and
ZBA 21/04 for 134-152 Shanley Street.
3
July 27, 2023 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting August 15, 2023
Applications for Minor Variance
A 2023-088 52 Earl Street
A 2023-089 204 Fifth Avenue
A 2023-090 2-56 Benninger Drive
A 2023-091 181 Weber Street East
A 2023-092 68 Rushbrook Drive
A 2023-094 39 Third Avenue
A 2023-095 64 Garden Avenue
A 2023-096 1020 Ottawa Street North
A 2023-097 68 Betzner Avenue North
A 2023-098 134-152 Shanley Street
A 2023-099 195 Victoria Street North
A 2023-100 332 Prospect Avenue
A 2023-101 471 Duke Street West
Applications for Consent
B 2023-027 116 Hoffman Street
B 2023-028 47 & 51 Pequegnat Avenue
B 2023-029 15 Ellen Street West
B 2023-030 83 Victoria Street North
B 2023-031 87 Victoria Street North
B 2023-034 685 Fischer Hallman Road
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 are not 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: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: September 6, 2022
REPORT NO.: DSD-2023-391
SUBJECT: Minor Variance Application A2023-104 254 Westwood Drive
RECOMMENDATION:
That Minor Variance Application A2023-104 for 254 Westwood Drive requesting
relief from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit one (1) required
parking space to be located 2.6 metres from the street line instead of the minimum
required 6 metres in order to facilitate the conversion of the attached garage into
living space for a new Additional Dwelling Unit (Attached), generally in accordance
with drawings attached to Minor Variance Application A2023-104, dated July 12,
2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for minor variance to permit a
required parking space within the front driveway to facilitate a duplex use of the
existing building.
The key finding of this report is that the requested minor variance satisfies 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on Westwood Drive, between Gallarno Court and
Huntington Place. The existing use of the subject property 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 A Location of Subject Property
Figure B Location of Parking Space
The subject property is Community Areas Urban Structure and is
Low-Rise Residential
Low-Rise Residential Two Zone (RES-2-law 2019-
051.
The purpose of the application is to facilitate the conversion of the attached garage into
living space for an Additional Dwelling Unit (ADU) (Attached). The required parking space
for the ADU (Attached) will be located within the existing driveway in the front yard of the
subject property. The existing driveway is not long enough for one (1)
of the required parking spaces to be located a minimum of 6.0 metres from the street line.
As the Zoning By-law only allows one (1) required parking space to be located within 6
metres of the street (property) line, requested relief from the Zoning By-law is necessary to
facilitate a duplex use of the property.
Section 4.12.2 b) of Zoning By-law 2019-051 states that a maximum of one pedestrian
entrance to the principal building shall be located on each street line façade, except where
more pedestrian entrances are existing. As the door beside the attached garage is
existing, it would be permitted to be retained with the enclosure of the attached garage into
living space.
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
-on Map 3 of the Official Plan.
This designation permits a full range of low density housing types including duplexes,
additional dwelling units, and other forms of low-rise housing. The intent of this designation
is to ensure compatibility of building form, with respect to massing, scale and design in
order to support the successful integration of a range of building types. It also places
emphasis on the relationship of buildings to adjacent properties, streets, and exterior
areas. As the built form is not changing, Staff is of the opinion that the requested variance
to permit a duplex use meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of Section 5.3.3 a) i) of Zoning By-law 2019-051 which does not permit parking
spaces within 6.0 metres of a street line is to ensure that the front or exterior side yards of
lots do not primarily function as parking areas. This also intends to ensure that front or
exterior side yards of lots contain adequate landscaped area. The subject lands contain an
existing driveway in the front yard, which will accommodate the required parking space for
the ADU (Attached). The existing driveway has a width of 7.3 metres, which is less than
the maximum permitted driveway width of 7.6 metres, 50% of the lot width of 15.3 metres.
Staff is of the opinion that there is adequate landscaped area in the front yard of the
subject lands, therefore the requested variance meets the general intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the effects of the requested variance to permit a required
parking spacefor an ADU (Attached) within 6.0 metres of the front lot line is minor. The
requested variance will not have any visual impacts on neighbouring properties or the
existing neighbourhood character.
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 and appropriate for the use of the land
as it will facilitate the conversion of the building on the subject property into a duplex,
supporting a gentle intensification of the property, will make use of existing infrastructure,
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the attached additional dwelling unit and it is currently under
review.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services can support the proposed application to permit a required parking
space be 2.6 metres from the property line instead of the minimum required 6 metres from
the property line. Additionally, the driveway can accommodate two (2) vehicles which
helps support the proposed ADU.
Region of Waterloo Comments:
There are no conditions for this application. However, the applicants are advised that any
residential dwellings (existing and proposed) on the subject lands would have
environmental noise from the CN Railway mainline within 200 metres of the subject
property (approximately 95m). The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
Metrolinx Comments:
The subject property is located within 300 metres
is the owner of the railway corridor, they are the authority to provide commentary on
matters related to rail safety. Metrolinx suggests that CN Rail is circulated the application
for review. The proponent is advised of the following:
Metrolinx and its assigns and successors in interest operate commuter transit
service within 300 metres from the subject land. In addition to the current use of
these lands, there may be alterations to ore expansions of the rail and other
facilities on such lands in the future including the possibility that Metrolinx or any
railway entering into an agreement with Metrolinx or any railway assigns or
successors as aforesaid may expand their operations, which expansion may affect
the environment of the occupants in the vicinity, notwithstanding the inclusion of
any noise and vibration attenuating measures in the design of the development and
individual units. Metrolinx will not be responsible for any complaints of claims
arising from use of such facilities and/or operations on, over or under these lands.
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
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 inform
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 2019-051
ATTACHMENTS:
Attachment A Site Plan
Attachment A Site Plan
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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
To: Kitchener Committee of Adjustment
From: Adjacent Developments GO Expansion - Third Party Projects Review & LRT - Metrolinx
st
Date: September 1, 2023
Re: A 2023 104 - 254 Westwood Drive, Kitchener
Metrolinx is in receipt of the minor variance application for 254 Westwood Dr to facilitate a parking
comments on the subject application are noted below:
The subject property is located within 300m of Canadian National Railway's (CN Rail) Guelph
Subdivision which carries Metrolinx's Kitchener GO Train service.
As CN Rail is the owner of the railway corridor, they are the authority to provide commentary on
matters related to rail safety. Metrolinx suggests that CN Rail is circulated the application for
review.
The Proponent is advised the following:
o
Warning: Metrolinx and its assigns and successors in interest operate commuter transit
service within 300 metres from the subject land. In addition to the current use of these
lands, there may be alterations to or expansions of the rail and other facilities on such
lands in the future including the possibility that Metrolinx or any railway entering into an
agreement with Metrolinx or any railway assigns or successors as aforesaid may expand
their operations, which expansion may affect the environment of the occupants in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures
in the design of the development and individual units. Metrolinx will not be responsible
for any complaints or claims arising from use of such facilities and/or operations on,
over or under these lands.
Should you have any questions or concerns, please do not hesitate to contact me.
Best regards,
Farah Faroque
Project Analyst, Third Party Projects Review
Metrolinx
10 Bay Street | Toronto | Ontario | M5J 2N8
1
From:Johnston, Jeremiah (MTO)
To:Committee of Adjustment (SM);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Joanne McCallum, Coordinator Planning & Zoning Services,
519-741-2200 ext. 7075
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: September 6, 2023
REPORT NO.: DSD-2023-407
SUBJECT: Minor Variance Application A2023-105 120 Rossford Cres.
RECOMMENDATION:
That Minor Variance Application A2023-105 for 120 Rossford Crescent, requesting
relief from the following sections of Zoning By-law 2019-051:
i) Section 4.12.2 e) to permit a lot width of 11 metres instead of the minimum
required 13.1 metres; and
ii) Section 4.16 a) i) to permit a building used for dwelling units to be setback 16
metres from the lot line of the active railway right-of-way for a Principal line
instead of the minimum required 30 metres;
to facilitate the conversion of the existing Single Detached Dwelling with 1
Additional Dwelling Unit (ADU) (Attached) (Duplex) into a Single Detached Dwelling
with 2 Additional Dwelling Units (ADUs) (Attached) (Triplex) generally in accordance
with the Site Plan prepared by Michael Burgoyne and Tim Brenner, dated 11-02-
2020, BE APPROVED, subject to the following condition:
1. The Owner enter into an agreement with the City of Kitchener, to the satisfaction
of the City Solicitor, to include the following warning clause in all agreements of
Offers of Purchase or Sale, Deeds or Rental/Lease Agreements of the building
and/or dwelling units:
interest has or have a rights-of-way within 300 metres from the land the subject
hereof. There may be alterations to or expansions of the railway facilities on
such rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
notwithstanding the inclusion of any noise and vibration attenuating measures
in the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for minor variances to facilitate
the conversion of a Single Detached Dwelling with 1 Additional Dwelling Unit (ADU)
(Attached) (Duplex) to a Single Detached Dwelling with 2 Additional Dwelling Units
(ADU) (Attached) (Triplex).
The key finding of this report is that the requested minor variances satisfy 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is a pie-shaped interior lot, located on Rossford Crescent, west of
Westmount Road West, between Victoria Street South and Glasgow Street. The subject
property is within walking distance to Victoria Hills Community Centre and Hillside Public
School.
Figure 1: Location of Subject Property
Urban Structure and is
e Zone (RES--law 2019-
051.
The purpose of the application is to facilitate the conversion of a Single Detached Dwelling
with 1 Additional Dwelling Unit (ADU) (Attached) (Duplex) to a Single Detached Dwelling
with 2 Additional Dwelling Units (ADU) (Attached) (Triplex).
The minor variances being requested are to permit a single detached dwelling with 2
Additional Dwelling Units (Attached) (triplex) on a lot with a lot width of 11 metres instead
of 13.1 metres and to permit a building used for dwelling units to be setback 16 metres
from the lot line of the active railway right-of-way for a Principal line instead of 30 metres.
Figure 2: Photo of Front of House at 120 Rossford Cres
The applicants reached out to CN in June 2023 to determine if CN would be supportive of
their request to convert the existing duplex to a triplex and having the existing building be
located within 30 metres of the required setback. CN provided a response to the applicant
in July 2023 stating that they can accept a 15-metre setback with a condition that a
registration of an environmental easement for operational noise and vibration emissions, in
favor of CN be applied to the property.
Figure 3: Site Plan of Subject Property
st
Planning staff conducted a site visit on August 31, 2023, and took the following photos:
Figure 4: Photo of Parking Lot in Rear Yard
Figure 5: Photo from Parking Lot Looking at Rear and Side Yard Amenity Space
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
Low
Rise Residential areas place an emphasis on the importance of accommodating a full
range of low-density housing types, including single detached dwellings with additional
dwelling units (attached).
To facilitate a triplex, staff is of the opinion that the proposed variances requesting a
reduction to the lot width, and requesting a reduction to the setback of a building
containing dwelling units from a lot line of an active Principal railway right-of-way maintains
the general intent of the Official Plan.
General Intent of the Zoning By-law
e Zone (RES--
law 2019-051. The intent of the minimum lot width of 13.1 metres for single detached
dwellings with 2 additional dwelling units (attached) (triplex) is to ensure that the property
can function adequately with proper building setbacks, provide sufficient amenity space
and accommodate the required parking. The subject property exceeds the minimum
required lot area for a triplex use, however, due to the nature of the pie-shaped lot, the lot
width of 11 metres is slightly deficient and does not meet the requirement set out in the
Zoning By-law. The building on the subject property complies with all required setbacks
and can accommodate the required parking spaces necessary for a triplex. As shown in
Figure 5 above, there is amenity space provided in the rear and side yard, as well, the
subject property is within walking distance to Victoria Hills Community Centre and Gzowski
Park for additional amenity options.
The intent of the required setback for buildings containing dwelling units to be at least 30
metres from the lot line of the active railway right-of-way for a Principal line is to ensure the
safety of the residents in the building in the event of a train derailment. The applicant
understands the risk associated with a residential building being 16 metres from a CN rail
line and reached out to CN to determine if their proposal for converting the existing duplex
to a triplex would be supported prior to applying for this minor variance. CN provided
positive feedback directly to the applicant regarding this proposal and provided conditions
to ensure the continued safety of the residents at the subject property.
Staff is of the opinion that the requested variances maintain the general intent of the
Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
To facilitate a triplex, the third dwelling unit being proposed on the subject property will be
located within the existing building. The existing lot width is 2.1 metres less than the
required lot width due to the pie-shaped nature of the lot. The setbacks for the building,
and provided parking comply with the regulations in the Zoning By-law. Adequate amenity
space is also provided in the rear and side yards of the subject property.
The reduced setback of the building containing dwelling units to the lot line of the active
railway right-of-way for a Principal line could impact the safety of the residents of the
subject property, however, CN has provided conditions to ensure the continued safety to
residents in the event of a derailment.
Staff is of the opinion that the requested variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Planning staff is of the opinion that the variances to reduce the lot width for a triplex and to
reduce the setback of a building containing dwelling units to the lot line of the active
railway right-of-way of the Principal line is desirable and appropriate as this will facilitate
gentle intensification of the subject property.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the attached additional dwelling is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Division Comments:
Engineering has no comments.
Heritage Planning Comments:
The subject property is adjacent to the Canadian National Railway Line CHL. There are no
anticipated impacts or other heritage concerns as a result of the proposed variance.
Environmental Planning Comments:
No concerns due to no site development.
Parks/Operations Division Comments:
No concerns, no comments.
Grand River Conservation Authority Comments:
GRCA has no objection to the approval of this application. The subject property does not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The property is not subject to Ontario Regulation 150/06 and, therefore, a
permission from GRCA is not required.
Region of Waterloo Comments:
There are no conditions for this application. However, the applicants are advised that any
residential dwellings (Existing and proposed) on the subject lands would have
environmental noise and rail vibration impacts from the CN Railway mainline adjoining the
subject property being located within 45m of the railway vibration influence zone as per
railway proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
MTO Comments:
MTO has no requirement for this application.
Metrolinx Comments:
Metrolinx is in receipt of the minor variance application for 120 Rossford Cres to facilitate a
the subject application are noted below:
The subject property is located adjacent to Canadian National Railway's (CN Rail)
Guelph Subdivision which carries Metrolinx's Kitchener GO Train service.
As CN Rail is the owner of the railway corridor, they are the authority to provide
commentary on matters related to rail safety. Metrolinx suggests that CN Rail is
circulated the application for review.
The Proponent is advised the following:
o Warning: Metrolinx and its assigns and successors in interest operate
commuter transit service within 300 metres from the subject land. In addition
to the current use of these lands, there may be alterations to or expansions
of the rail and other facilities on such lands in the future including the
possibility that Metrolinx or any railway entering into an agreement with
Metrolinx or any railway assigns or successors as aforesaid may expand
their operations, which expansion may affect the environment of the
occupants in the vicinity, notwithstanding the inclusion of any noise and
vibration attenuating measures in the design of the development and
individual units. Metrolinx will not be responsible for any complaints or claims
arising from use of such facilities and/or operations on, over or under these
lands.
CN Comments:
CN comments are concerning application A2023-105 120 Rossford Crescent. Our
understanding is that a new extension will be added or an existing accessory building will
be converted into an ADU. CN does not recommend any safety setback lesser that 30
metres from CN right of way unless a crash barrier is constructed along the railway right of
way.
CN also requests for following clause to be inserted in all offers of Sale or Lease of ADU:
Canadian National Railway Company or its assigns or successors in interest
has or have a rights-of-way within 300 metres from the land the subject hereof. There may
be alterations to or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment of the residents
in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-
Planning staff reached out to CN, in an email dated September 6, 2023, to clarify the
requested variances, with respect to the requirement for the construction of a crash
barrier, in that the applicant has an existing building on their property and that they are
proposing interior alterations in order to convert the duplex to a triplex. They are not
proposing any additional floor area or any detached dwellings on the lot.
In an email response from CN on September 8, 2023, CN thanked Planning Staff for
providing these clarifications. CN indicated that they have no comments regarding the
application mentioned in subject, since the proposal is concerning the existing building
without any additional floor area or any detached dwellings on the lot.
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
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
i
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 2019-051
ATTACHMENTA Site Plan:
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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:Proximity
To:Committee of Adjustment (SM)
Cc:Mariah Blake
Subject:2023-09-06_CN_RES_Agenda - Committee of Adjustment - A 2023-105 – 120 Rossford Crescent -Tuesday, September 19, 2023
Date:Wednesday, September 6, 2023 11:46:42 AM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
image010.png
Hello,
CN comments are concerning application A 2023-105 – 120 Rossford Crescent. Our understanding is that a new extension will be added or an existing accessory
building will be converted into a ADU. CN dose not recommend any safety setback lesser that 30m from CN right of way, unless a crash barrier is constructed
along the railway right of way.
CN also requests for following clause to be inserted in all offers of Sale or Lease of ADU:
“Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject
hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.”
Best regards
Ashkan Matlabi, Urb. OUQ. MBA
Urbaniste sénior / Senior Planner (CN Proximity)
Planning, Landscape Architecture and Urban Design
Urbanisme, architecture de paysage et design urbain
E:proximity@cn.ca
T: 1-438-459-9190
1600, René-Lévesque Ouest, 11e étage
Montréal (Québec)
H3H1P9 CANADA
wsp.com
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: Friday, September 01, 2023 11:55 AM
Subject: Agenda - Committee of Adjustment - Tuesday, September 19, 2023
CAUTION: This email originated from outside CN:DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe.
AVERTISSEMENT : ce courriel provient d’une source externe au CN:NE CLIQUEZ SUR AUCUN lien ou pièce jointe à moins de reconnaitre l’expéditeur et d'avoir VÉRIFIÉ la sécurité du
contenu.
Good morning,
Theagenda for the September 19, 2023 Committee of Adjustment meeting is now available on our Council/Committee calendar.
The combined agenda with reports will be posted to the meeting calendar by noon on Friday, September 15, 2023.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
To: Kitchener Committee of Adjustment
From: Adjacent Developments GO Expansion - Third Party Projects Review & LRT - Metrolinx
st
Date: September 1, 2023
Re: A 2023-105 - 120 Rossford Cres, Kitchener
Metrolinx is in receipt of the minor variance application for 120 Rossford Cres to facilitate a single
detached dwelling with 2 additional attached dwellings.
application are noted below:
The subject property is located adjacent to Canadian National Railway's (CN Rail) Guelph
Subdivision which carries Metrolinx's Kitchener GO Train service.
As CN Rail is the owner of the railway corridor, they are the authority to provide commentary on
matters related to rail safety. Metrolinx suggests that CN Rail is circulated the application for
review.
The Proponent is advised the following:
o
Warning: Metrolinx and its assigns and successors in interest operate commuter transit
service within 300 metres from the subject land. In addition to the current use of these
lands, there may be alterations to or expansions of the rail and other facilities on such
lands in the future including the possibility that Metrolinx or any railway entering into an
agreement with Metrolinx or any railway assigns or successors as aforesaid may expand
their operations, which expansion may affect the environment of the occupants in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures
in the design of the development and individual units. Metrolinx will not be responsible
for any complaints or claims arising from use of such facilities and/or operations on,
over or under these lands.
Should you have any questions or concerns, please do not hesitate to contact me.
Best regards,
Farah Faroque
Project Analyst, Third Party Projects Review
Metrolinx
10 Bay Street | Toronto | Ontario | M5J 2N8
1
From:Johnston, Jeremiah (MTO)
To:Committee of Adjustment (SM);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Gaurang Khandelwal, Planner (Policy), 519-741-2200 ext. 7611
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: September 13, 2023
REPORT NO.: DSD-2023-390
SUBJECT: Minor Variance Application A2023-106 279 Sheldon Ave. N.
RECOMMENDATION:
That Minor Variance Application A2023-106 for 279 Sheldon Avenue North requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 4.14.1 to permit architectural features to project into the minimum front yard
to a maximum of 0.83 metres instead of the maximum permitted projection of 0.6
metres;
ii) Section 4.14.10 b) to permit an access ramp exceeding 0.6 metres above ground level
to be located a minimum of 0.63 metres from the westerly interior side lot line instead
of the minimum 0.75 metres;
iii) Section 5.3.1 to permit a parking space within the carport to be 4.4 metres in length
instead of the minimum required length of 5.5 metres;
iv) Section 5.3.3 a) to permit a parking space to be located within 6 metres from a street
line;
v) Section 5.4 a) to permit an attached private garage to project beyond the front façade
of the habitable at grade portion of the dwelling unit; and
vi) Section 7.6 a) to permit a minimum front yard of 4.2 metres instead of the minimum
required front yard of 5.65 metres;
to facilitate the construction of a carport and a wheelchair lift in the front yard and a new
access ramp in the side yard of an existing single detached dwelling, generally in
accordance with drawings prepared by Elan Design Studio Inc., dated July 2023, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to facilitate the construction of a
carport and a wheelchair lift in the front yard and an access ramp in the side yard of an
existing single detached dwelling in order to provide an accessible entrance and exit from the
dwelling to meet and enhance mobility needs.
The key finding of this report is that the requested minor variances meet the 4 tests of the
Planning Act.
There are no financial implications.
*** This 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
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the south side of Sheldon Avenue North, in the Eastwood
planning community. The surrounding context comprises of primarily low-rise residential uses. Lots
on the south side of Sheldon Avenue North are developed as low-rise single detached dwellings.
Lots on the north side of Sheldon Avenue North are large sized with one of the properties
developed as a medium-rise residential condominium. Further, Sheldon Avenue North has an
irregular right-of-way configuration.
Figure 1 Location Map of the Subject Property
Figure 2 Photo of Subject Property
The on Map 2 Urban Structure and is
on Map 3
Low Rise Residential Five Zone (RES-5
in Zoning
By-law 2019-051.
The purpose of the application is to facilitate the construction of a carport and a wheelchair lift in
the front yard and an access ramp in the westerly side yard of the existing single detached
dwelling. These additions are intended to provide an accessible entrance and exit from the
dwelling to meet and enhance mobility needs for the existing single detached dwelling.
A previous minor variance application was approved for the subject property by the Committee of
Adjustment on June 15, 2021. At that time, the minor variance was approved without conditions
and permitted the re-construction of an attached covered deck in the side yard of the existing
single detached dwelling with a westerly side yard setback of 0.55 metres rather than the required
1.2 metres in Zoning By-law 85-1. Since that time Zoning By-law 2019-051 has come into full force
and effect for the subject property, requiring additional relief from prescribed regulations with
respect to the proposed carport, wheelchair lift and access ramp.
Figure 3 Location of Requested Minor Variances
th
City Planning staff conducted a site visit on August 25, 2023.
Figure 4 Proposed Site Plan
Figure 5 Elevation drawings
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning
Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
Urban Structure and is
Land Use in the City of Kitchener Official Plan. The
intent of the Low Rise Residential designation is to accommodate a full range of low density
housing types including special needs housing. The Official Plan defines special needs housing as,
any housing, including dedicated facilities such as residential care facilities, in whole or in part,
that is used by people who have specific needs beyond economic needs, including but not limited
to, needs such as mobility requirements or support functions required for daily living.
object
Official Plan policy 4.C.1.8 details criteria that should be considered
where minor variancesarerequestedand specifies that additions and/or modifications to existing
buildings should be appropriate in massing and scale and compatible with the built form and
character of the established neighbourhood and adjacent properties. Further Policy 4.C.1.25 to
4.C.1.
that adaptive reuse of existing buildings for special needs housing is compatible in terms of use
and built form with the surrounding context. Staff are of the opinion that the proposed addition of
the carport, wheelchair lift and access ramp to the existing single detached dwelling is compatible
with the scale, massing, design and character of adjacent properties, maintains the character of
the streetscape, and is appropriate for the adaptive reuse of the existing single detached dwelling
for special needs housing. Further, staff are of the opinion that the requested variances meet the
general intent of the Official Plan.
General Intent of the Zoning By-law
The Five Zone (RES-5-law 2019-
051.
1. Front Yard Setback
The intent of the minimum front yard setback is to ensure that buildings are adequately set back
from the travelled portion of the right-of-way for buffering and safety purposes, to allow sufficient
private front yard landscaped area for aesthetic reasons, and to ensure that new developments
and front yard additions do not disrupt the character of an established neighbourhood.
-
law 2019-051. The RES-5 zone requires the minimum front yard for lands identified in Appendix
D to be the average of the front yards of the abutting lots, minus 1.0 metre. In this regards, the
required minimum front yard has been determined as 5.65 metres, based on current conditions
of the adjacent properties (275 Sheldon Avenue North and 289 Sheldon Avenue North).
Sheldon Avenue North has an irregular right-of-way configuration which results in front lot line of
the subject property to be located further away from Sheldon Avenue North with an extended
right-of-way for the street. Further, 289-295 Sheldon Avenue North has an active Site Plan
application (SP19/117/S/TS) that has been Approved in Principle with a proposal for 40 stacked
townhouse dwelling units. The front yard setback for the redeveloped site is proposed to be 4.55
metres.
The proposed carport in the front yard is designed to be unenclosed and match the existing
single detached dwelling so that it does not disrupt the character of the neighbourhood and the
streetscape while providing improved accessibility and protection from elements for the
wheelchair user.
Staff are of the opinion that the requested variance for reduction in minimum front yard to 4.2
metres instead of 5.65 metres meets the general intent of the Zoning By-law.
2. Projection of Architectural Features in the Front Yard
The intent of architectural features, including eaves, to project a maximum of 0.6 metres into
any required yard is to ensure that the design and character of the built environment in
neighbourhoods is maintained.
The existing single detached dwelling has eaves that extend 0.6 metres from around the
dwelling. To match the overhang of the eaves on the westerly side of the dwelling, eaves of the
carport project 0.71 metres from the columns of the carport. This results in the eaves to project
0.83 metres into the minimum front yard setback (4.2 metres). The proposed carport design
matches the existing single detached dwelling and the overhang of the carport eaves follows
and extends with that of the existing dwelling.
Staff are of the opinion that the requested variance to allow architectural features (eaves) to
project 0.83 metres into the minimum front yard setback meets the general intent of the Zoning
By-law.
3. Projection of an Attached Garage beyond the Front Façade of the Dwelling
The intent of attached private garage to not project beyond the front façade of the habitable
portion of the dwelling within Central Neighbourhoods Area is to ensure that new development
does not disrupt the character of the Central Neighbourhoods Area.
The projection of the carport beyond the habitable portion of the dwelling is necessary so that
the wheelchair lift can be accessed through the carport with sufficient protection from the
elements. It is to be noted that the applicant has explored locating the wheelchair lift within the
existing private garage but has indicated that the current size of the garage does not allow the
accommodation of a wheelchair lift. Further, in consideration of the irregular shape of the lot and
the minimum required front yard setback, the habitable portion of the dwelling can be developed
and extend beyond the proposed carport.
Staff are of the opinion that the requested variance to permit an attached private garage to
project beyond the front façade of the existing habitable at grade portion of the dwelling meets
the general intent of the Zoning By-law.
4. Minimum Length of Parking Space
The intent of minimum parking space dimensions is to ensure provision of functional car parking
spaces. The Zoning By-law requires a parking space length of 5.5 metres. The applicant has
proposed a carport with the length of the car parking space to be 4.44 metres. Since the
attached garage is a carport, the applicant has indicated that the parking length space of 4.44
metres will provide sufficient shelter from the elements.
Staff are of the opinion that the requested variance for a reduction in the required minimum
length of a car parking space meets the general intent of the Zoning By-law.
5. Parking Space Location
The intent of off-street parking spaces in Zoning By-law 2019-051 to be setback 6 metres from
the lot line is to ensure that a vehicle can be safely parked on the driveway without affecting the
City right-of-way and abutting properties. The required setback ensures clear visibility lines
when existing the driveway.
Sheldon Avenue North has an irregular right-of-way configuration which results in most of the
-of-way. Although the
proposed parking space within the carport is located within 6 metres from the lot line, it is more
than 6 metres away from the street. This ensures that a vehicle can be safely parked on the
driveway and there are clear visibility lines when existing the driveway. It is to be noted that
there is only 1 parking space required for the single detached dwelling. The existing attached
private garage is to be maintained for parking and the applicant has indicated that there are no
intentions to convert the existing private garage for other use.
Staff are of the opinion that the requested variance to allow the required parking spaces to be
located within 6 metres from the street (property) meets the general intent of the Zoning By-law.
6. Access ramp setback
The intent of the access ramp exceeding 0.6 metres above ground level to be located a
minimum of 0.75 metres from the side lot line is to ensure privacy with adjacent properties.
The access ramp provided on the westerly side of the property is designed to be 0.98 metres
wide which will facilitate the use by a wheelchair user. The adjacent property has two windows
along the westerly side of the subject property. The overlook and privacy concerns in relation to
the access ramp above 0.6 metres above ground level to be used primarily by a wheelchair user
are negligible.
Staff are of the opinion that the requested variance for the access ramp to be located 0.63
metres from the side lot line instead of the minimum required 0.75 metres meets the general
intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Planning staff is of the opinion that the requested variances are minor, in that they will not
adversely impact the character of the neighbourhood, streetscape and adjacent properties. No
compatibility or privacy concerns are identified with the requested variances, because of building
design measures and orientation relative to the surrounding neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
Planning staff is of the opinion that the variances are desirable and appropriate for the
development of subject land to meet and enhance mobility needs through the provisions of a
carport, wheelchair lift, and an access ramp. The applicant has demonstrated through building and
site design, that the proposed additions will not have adverse impacts on the adjacent properties
and will be compatible with the character of the neighbourhood. In addition, the variances would
facilitate accessible entrance and exit from the existing single detached unit to meet and enhance
mobility needs.
Environmental Planning Comments:
No natural heritage or trees in area of development.
Heritage Planning Comments:
No heritage concerns
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
carport and revision to the issued permit are obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
Applicant to provide a minimum 0.5 metre setback from property line to ensure an unobstructed
shared property line swale is maintained.
Parks/Operations Division Comments:
No concerns, no comments
Transportation Planning Comments:
Transportation Services can support the proposed application to permit the following:
That the parking space in the proposed carport be 4.4 metres in length instead of the
required 5.5 metres length; and
That a parking space be located less than 6 metres from the property line.
Sheldon Ave North has an irregular right-of-way configuration which makes almost half of the
right-of-way
but does not impact the sidewalk or roadway in any way. The proposed applications should not
impact parking on-site.
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:
Attachment A Survey of 279 Sheldon Ave N
Attachment B Site Plan of proposed addition for 279 Sheldon Ave N
Attachment A Survey of 279 Sheldon Ave N
Attachment B Site Plan of proposed addition for 279 Sheldon Ave N
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: September 1, 2023
REPORT NO.: DSD-2023-397
SUBJECT: Minor Variance Application A2023-107 239 Rosebank Place
RECOMMENDATION:
That Minor Variance Application A2023-107 for 239 Rosebank Place requesting relief
from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit a required parking
space to be located 4.5 metres from street (property) line instead of the minimum
required 6 metres, to facilitate the conversion of the attached garage into living
space for a new Additional Dwelling Unit (ADU) (Attached) in the existing Single
Detached Dwelling, generally in accordance with drawings submitted with Minor
Variance Application A2023-107, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance to facilitate the conversion of
an existing attached garage into living space for a new Additional Dwelling Unit (ADU)
(Attached).
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
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 an irregularly-shaped lot located on a cul-de-sac, or no exit road,
municipally known as Rosebank Place.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Aerial Photo of Subject Property
Urban Structure and is
The --law 2019-
051.
The purpose of the application is to review a minor variance to facilitate the conversion of
an existing attached garage to an ADU (Attached) in an existing Single Detached
Dwelling. The existing attached garage is located 10 metres from the street (property) line,
which provides the 1 required parking space for the existing dwelling unit. To convert the
garage into an ADU (Attached), the 2 required parking spaces would be located, side by
side, in the driveway in the front of the subject property.
Zoning By-law 2019 requires that parking spaces must be a minimum of 5.5 metres in
length and that one (1) of the required parking spaces must be located 6 metres from the
street (property) line. Given that the driveway is 10 metres in length, a minor variance is
requested for one (1) of the required parking spaces to be located 4.5 metres from the
street line and permit side by side parking.
The proposed driveway width, at the widest point, is 7 metres, which complies with the
Zoning By-law, as it is less than 50% of the lot width. The driveway width on the City right-
of-way is not proposed to change. Accordingly, no Curb Cut Permit is required to facilitate
the increased driveway width on the subject property to accommodate the proposed side
by side parking arrangement.
The front yard setback is 10 metres and the rear yard setback is 17 metres, which
exceeds the minimum requirements of 4.5 metres and 7.5 metres, respectively, outlined in
Zoning By-law 2019-051. The side yard setbacks both exceed the minimum requirement
of 1.2 metres, with the left side yard setback being 1.9 metres, and the right yard setback
being 2.3 metres. As such, the dimensions and setbacks of the proposed addition at the
rear of the existing dwelling will comply with Zoning By-law 2019-051.
Figure 2 Proposed Addition Plan
Figure 3 Proposed Site Plan
Staff visited the subject property on August 30, 2023.
Figure 4 Front View of Subject Property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
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. It is the opinion of staff that the minor variance to facilitate a proposed ADU
(Attached) within the existing single detached dwelling meets the general intent of the
Official Plan.
General Intent of the Zoning By-law
The general intent of requiring a parking space to be located 6 metres from street
(property) line is to ensure that there is adequate space to accommodate vehicles without
impacting or impeding pedestrian use of the sidewalk right-of-way, and that there is
adequate space for additional parking. Staff is of the opinion that the minor variance meets
the general intent of the By-law, asthe driveway is proposed to be widened to 7 metres,
which negates the need for tandem parking, and the distance of 4.5 metres does not
impede on the pedestrian use of the sidewalk right-of-way. Staff are of the opinion that the
general intent of the Zoning By-law will be maintained.
Is/Are the Effects of the Variance(s) Minor?
The effects of the variance, to permit one (1) of the required parking spaces to be located
4.5 metres from street (property) line, can be considered minor as there is enough space
to accommodate two vehicles without impacting the use of the sidewalk by pedestrians.
Further, as the 10 metre front yard setback exceeds the minimum requirement in the
Zoning By-law, and the driveway width is less than 50% of the lot width, the impact of one
(1) of the required parking spaces being located 4.5 metre distance from the street
(property) line is reduced, since there is adequate front yard space still remaining.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Planning staff is of the opinion that the variance to reduce the minimum parking space
distance from the street (property) line is appropriate for the desirable development of the
lands as it will facilitate the creation of additional residential space, which supports the
gentle intensification of housing .
Environmental Planning Comments:
Environmental Planning has no concerns.
Heritage Planning Comments:
Heritage Planning has no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the attached additional dwelling 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:
There is an existing City-owned street tree within the boulevard and if there is any
driveway widening associated with the development, this tree 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.
Planning Response: No driveway alteration or driveway widening is being proposed which
would require a Curb Cut permit.
Transportation Planning Comments:
Transportation Services can support the proposed application to permit a required parking
space be 4.5 metres from the property line instead of the minimum required 6 metres from
the property line. Additionally, the proposed new driveway can accommodate two (2)
vehicles which helps support the proposed ADU.
NOTE: if the homeowner wishes to modify the driveway and curb, they will need to follow
the Curb Cut Permit process that can be found on the City of Kitchener website.
Planning Response: No driveway alteration or driveway widening is being proposed which
would require a Curb Cut permit.
Grand River Conservation Authority Comments:
GRCA has no concerns.
Ministry of Transportation Comments:
MTO has no concerns.
Forestry Division Comments:
Staff have provided comment that a curb cut request would only be permitted for an
additional 0.3 metre widening of the driveway in the boulevard.
Planning Response: No driveway alteration or driveway widening is being proposed which
would require a Curb Cut permit.
Region of Waterloo Comments:
The Region 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
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
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 2019-051
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
th,
DATE OF MEETING: September 19 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planning Technician, 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 1
th,
DATE OF REPORT: August 29 2023
REPORT NO.: DSD-2023-388
SUBJECT: Minor Variance Application A2023-108 540 Frederick Street
RECOMMENDATION:
That Minor Variance Application A2023-108 for 540 Frederick Street requesting
Permission under section 45(2)(a)(ii) of the Planning Act to permit a legal non-
conforming 'Single Detached Dwelling in a Mixed Use Three Zone (MIX-3to be
used as a Single Detached Dwelling with a Personal Services Home Occupation
generally in accordance with drawings attached to Report DSD-2023-388 as
s A and B BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make recommendations with respect to the
requested application for Permission for 540 Frederick Street.
Staff recommends that the Minor Variance Application be approved.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the Rosemount Neighbourhood on the east side of
Highway 7 on Frederick Street. The subject lot currently contains a single detached
dwelling with front parking and a driveway that leads to surface parking in the rear yard.
The property is surrounded by retail, low-density offices, health clinics, personal service,
and residential buildings. The property is also close to a low-rise residential zone.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The subject property is identified as a Community Node Urban Structure and
Mixed Use
Figure 1: The proposed property on the Zoning map
Mixed Use Three Zone (MIX-3-law 2019-051. The
MIX-3 zone permits a variety of commercial uses, including a personal services use, and
residential uses, to be developed on the same property. A Minor Variance application is
not necessary for the subject property to be developed with personal services use on the
main/ground floor and residential use on the upper floor. However, the MIX-3 zone does
not permit residential uses on the main/ground floor and does not permit the use of the
property for a Single Detached Dwelling. Significant changes would need to be required to
the existing building to facilitate the use of the property contemplated by the MIX-3 zone.
Figure 2: Street view of the property
Figure 3: The proposed property on an aerial view
Minor variance applications were considered twice, in 2004 and again in 2008, when the
-6) in Zoning By-law 85-1, to locate two (2)
off-street parking spaces in the rear yard for a home business rather than the permitted
one (1) off-street parking in order to introduce a personal services home occupation in the
single detached dwelling. Both minor variance applications were approved conditionalon
the parking areas being covered with asphalt and more landscaped area being provided in
the rear. However, the conditions from the previous Decisions were not met within the
required timeframe, as noted in the Decisions, and the Decisions became null and void.
-
By-law 2019-051, and the parking areas in the front and rear have been asphalted and
some landscaping restored.
Figure 4: Aerial view of the property showing the driveway and the hardscaped rear
yard.
The current tenant/owner would like to move forward with the proposal to establish a
personal services home occupation in the legal non-conforming single detached dwelling.
Given that the use of the property is a legal non-conforming Single Detached Dwelling and
the applicant would like to continue to use the existing building for residential purposes,
the applicant is making application for Permission for the Committee to consider a use of
the land that is similar for the purposes it was uses on the day the by-law was passed and
which is more compatible with the uses permitted in the MIX-3 zone.
Section 45(2)(a)(ii) of the Planning Act:
ii) the use of such land, building or structure for a purpose that, in the opinion of
the committee, is similar to the purpose for which it was used on the day the by-
law was passed or is more compatible with the uses permitted by the by-law
than the purpose for which it was used on the day the by-law was passed, if the
use for a purpose prohibited by the by-law or another use for a purpose
previously permitted by the committee continued until the date of the application
to the committee;
The applicant has prepared a Site Plan to show how the existing property has been
developed with parking at the front and the rear.
Figure 5: Site Plan sketch for the property
Figure 6: Front photo of the subject property
Staff conducted a site visit on August 30, 2023.
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)(ii). It should be noted that the test to be applied is not the
four-part test for minor variances under Section 45(1) but rather whether the approval of the
application:
1. Is in the public interest; and
2. Creates unacceptable or adverse impact upon abutting properties.
Is Approval in the Public Interest?
Staff are of the opinion that the approval of this application is in the public interest as it would
allow for the continuation of the existing use of the Single Detached Dwelling (SDD) while
introducing a home occupation. The proposed SDD and home occupation will introduce non-
residential use in the form of home occupation without requiring major renovation for a one-
and-a-half-storey building. This approach avoids the necessity of converting the building into
a mixed-use building (personal service and a dwelling unit), which will result in adding a full
second storey to accommodate the dwelling unit to be entirely on the second floor as per
mixed-use zone requirements. The proposed SDD with home occupation will offer the
community with service that will be in line with the intent of the zone change from a
residential zone to a mixed-use under the 2019-051 Zoning By-law. Given that there are
already existing residential uses along Frederick Street, there would not be a discernable
impact on mixed-use zone uses in the area.
Any Adverse or Unacceptable Impacts?
Staff are of the opinion that permitting home occupation use in the legal non-conforming
single detached dwelling on the subject property will not create any adverse or unacceptable
impacts. The property contains enough parking to provide for the single detached dwelling
and the home occupation. Staff note that the surrounding properties to the east of the subject
property (along Frederick Street) are zoned RES-4 and RES-2, which permits the use of
home occupation in a single-detached dwelling. Additionally, the front façade of the subject
property and the abutting lots that contain different permitted uses in the mixed-use zone
have the same residential/commercial character; therefore, no adverse or unacceptable
impacts are anticipated.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No concerns
Parks/Operations Division Comments:
No concerns, no comments
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
Region of Waterloo Comments:
No concerns.
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.
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
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
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 2019-051
A2004-080 - 540 Frederick Street
A2008-072 - 540 Frederick Street
ATTACHMENTS:
Attachment A Existing Survey of the Property
Attachment B Proposed Site Plan
Attachment A: Existing Survey of Subject Property
Attachment B: Proposed Site Plan
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: September 6, 2023
REPORT NO.: DSD-2023-403
SUBJECT: Minor Variance Application A2023-109 27 Roy Street
RECOMMENDATION:
That Minor Variance Application A2023-109 for 27 Roy Street requesting relief from
Section 6.1.2 a) and Special Regulation Provision 781R of Zoning By-law 85-1, to
permit a minimum parking requirement of 0 spaces instead of the minimum required
4 parking spaces, in accordance with Site Plan Application SP22/175/R/TS, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for a minor variance to facilitate
the construction of a mixed-use development containing 3 residential units, and 1
commercial unit.
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
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 located on the south (east) side of Roy Street between Queen
Street North and Young Street. The surrounding context of the subject property is primarily
compromised of low-rise residential uses to the north, and mixed uses to the east, west
and south.
*** 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 27 Roy Street
Major Transit Station Area Urban
Office Residential Conversionin the Civic Centre Secondary
Plan.
Residential Five Zone (R-5) with Special Regulation Provision
781R in Zoning By-law 85-1.
The purpose of the report is to review an application for a minor variance to permit the
construction of a mixed-use development with 0 required parking. The development will
contain 4 units, 3 of which are residential, and one that is commercial. It should be noted
that this property was approved by Council for an Official Plan Amendment and Zoning By-
law Amendment to permit the commercial uses on site, and for a reduction of parking to 4
spaces, 1 space for each of the units. The subsequent site plan application had a
requirement for the creation of a legal right of way over the adjacent property 23 Roy
Street. At this time the owner has been unable to obtain the easement with the adjacent
property owner and would like to still move forward with the development. They are
requesting a parking requirement of 0 spaces and should the legal right-of-way to the rear
yard be obtained. then the 4 parking spaces that were proposed could be used and
functional.
Figure 2: Front view of subject property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The subject p
and restaurant within the same building as residential uses. Section 13.1.2.6 states that
the designation of Office Residential Conversion aims to both preserve the existing
structures in these areas and serve as a transition area between the higher intensity uses
along Weber Street and Queen Street and the Low Rise Residential Preservation
designation of the interior of the neighbourhood. Permitted uses are restricted to single
detached dwellings, and the conversion of existing buildings to multiple dwellings up to a
maximum of three units and professional offices. Residential and office uses may be
permitted to locate within the same building. Section 13.C.8.3 states that the City may
consider adjustments to parking requirements for properties within an area or areas,
where the City is satisfied that adequate alternative parking facilities are available, where
developments adopt transportation demand management measures or where sufficient
transit exists or is to be provided.
Planning staff notes that the subject site is approximately 300 meters from an ION station
stop located on Duke Street that provides connections to the broader Waterloo Region
transit system. The proposal also includes both Class A and Class B bicycle parking
spaces.
Transportation Services has also reviewed the application and supports the parking
reduction.
Accordingly, Planning staff is of the opinion that the requested variance for a parking
reduction meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 4 parking spaces per unit parking requirement is to ensure that there is
adequate parking spaces available for the residents and for visitors to the property. The
reduction to 0 parking spaces per unit is permitted with an MTSA area as it is the future
direction for lands within the MTSA areas to require minimal to no parking spaces.
Furthermore, alternative transportation options are provided on site, as the property is
located approximately 300 meters to an existing ION transit stop. Adequate bicycle
parking (both Class A and B spaces) will also be provided in the new development. Should
the easement be created with the adjacent landowner, then the 4 parking spaces that
were initially proposed by the applicant at the time of the Zoning By-law Amendment will
be fully operational for residents and visitors to use.
Staff is of the opinion that the variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variance is minor as the reduced parking will not
present 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 proposed variance is desirable and appropriate for the development and use of the land
as its approval will facilitate the conversion of an existing building to a mixed-use building,
which is permitted in Zoning By-law 85-1 and will contribute to the neighbourhood to make a
complete community.
Environmental Planning Comments:
No environmental planning concerns, due to no site development.
Heritage Planning Comments:
The subject property is designated under Part V of the Ontario Heritage Act and located
within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD). A
reduction in parking from the required four spaces to zero spaces will not have adverse
impact on the property, the character of the streetscape, or the heritage character of the
surrounding CCNHCD. As such, Heritage Planning staff do not have concerns with the
proposed minor variance.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering has no comments.
Parks/Operations Division Comments:
Parks has no concerns, as requirements will be addressed through SP22/175/R/TS.
Transportation Planning Comments:
Transportation Services can support the proposed minor variance application to reduce
the required parking for the property. The property is located very close to major transit
station stops as well as to several public parking options that would support the proposed
uses for the subject 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 This report has b
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
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
DSD-2022-407
ATTACHMENTS:
Attachment A Site Plan Sketch
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: September 5, 2023
REPORT NO.: DSD-2023-398
SUBJECT: Minor Variance Application A2023-110 148 Chandos Drive
RECOMMENDATION:
That Minor Variance Application A2023-110 for 148 Chandos Drive requesting relief
from Section 7.3, Table 7-2 ,of Zoning By-law 2019-051, to permit a rear yard setback
of 2 metres instead of the minimum required 7.5 metres, to facilitate the
construction of an addition to an existing Single Detached Dwelling, generally in
accordance with drawings prepared by Pawandeep Grewal, dated August 2023, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of an addition to an existing Single Detached Dwelling.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is a corner lot on Chandos Drive, which contains a two-storey single
detached dwelling.
The property Urban Structure and is
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Aerial View of Subject Property
Low Rise Residential Two Zone (RES-2-law 2019-
051.
The purpose of the application is to review a minor variance application to facilitate the
construction of a proposed addition attached to an existing single detached dwelling. The
addition is proposed to be 7.25 metres in height and will be used as additional bedroom
and living space. Columns that are 3.1 metres in length will support the addition, and the
addition will be aligned with the existing second floor of the dwelling.
Zoning By-law 2019 states that the front lot line of a corner lot is the shorter lot line
abutting a street, meaning that the portion of the subject property containing the driveway
and landscaping, facing towards the right of Chandos Drive, is the front yard of the
property. As such, the addition would be located in what is considered in the Zoning By-
law to be the interior left side yard, although it functions as a rear yard. The dwelling is
oriented such that the pedestrian entrance is facing north of Chandos Drive. Both side
yard setbacks exceed the minimum requirement of 1.2 metres outlined in Zoning By-law
2019, with the left side yard setback being 7.7 metres, and the right side yard setback
being 7.6 metres. The proposed addition would reduce the left side yard setback to 4.5
metres, which is still in compliance with the Zoning By-law. However, due to the orientation
of the lot, the rear yard setback is 2 metres, whereas the Zoning By-law requires a setback
of 7.5 metres. Accordingly, a minor variance is requested to permit a rear yard setback of
2 metres.
Staff visited the subject property on August 30, 2023.
Figure 2 Proposed Site Plan
Figure 3 Elevation Drawings
Figure 4 Front View of Subject Property
Figure 5 Interior Side Yard of Subject Property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
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. It is the opinion of staff that the existing use and proposed one-storey
addition conforms to the land use designation. Accordingly, the variance to facilitate the
addition will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of Section 7.3, Table 7-2, is to ensure that the built form of residential dwellings
is appropriate for the lot and for the surrounding neighbourhood. The minimum rear yard
setback requirement is to ensure private amenity space for residents, as well as adequate
separation between buildings on adjacent properties. Staff are of the opinion that that the
minor variance meets the intent of the By-law, as the larger side yard setbacks would
continue to provide adequate private amenity space, and there are landscaped buffers
between the subject property and neighbouring properties.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variance is minor. The privacy concerns related to
adjacent properties are minimal as there are no windows proposed for the portion of the
addition facing the technical rear yard, the addition is at level with the existing second
floor, and adequate amenity space will continue be provided. The proposed addition will
be located in the interior side yard as defined by the Zoning By-law, however this yard
functions as the actual rear yard for the dwelling. The functional rear yard will be 4.5
metres in width and be able to provide a sufficient amenity area in addition to the area
nd
under the 2 storey addition. As such, the reduced rear yard setback does not have 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?
Planning staff is of the opinion that the variance to reduce the minimum rear yard setback
is appropriate for the desirable development of the lands as it will facilitate the expansion
of interior living space for the dwelling, increasing the functioning and desirability of the
residential property.
Environmental Planning Comments:
Environmental Planning has no 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 for
the addition to the existing residential building 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:
Parks/Operations Division has no comments.
Transportation Planning Comments:
Transportation Planning has no concerns.
Region of Waterloo Comments:
Region of Waterloo has no concerns.
Ministry of Transportation Comments:
MTO has no concerns.
Grand River Conservation Authority Comments:
GRCA 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
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
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 2019-051
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: September 6, 2023
REPORT NO.: DSD-2023-392
SUBJECT: Minor Variance Application A2023-111 15 Catalina Court
RECOMMENDATION:
That Minor Variance Application A2023-111 for 15 Catalina Court requesting relief
from the following sections of Zoning By-law 2019-051;
i) Section 4.12.2 e) to permit a lot width of 11.9 metres instead of the minimum
required 13.1 metres; and
ii) Section 5.3.3 a) ii) to permit three (3) parking spaces to be located within 6.0
metres of a street line instead of the maximum permitted one (1) parking
space within 6.0 metres of a street line;
to facilitate the construction of an Additional Dwelling Unit (Detached) in the rear
yard of the property and an Additional Dwelling Unit (Attached) in the basement of
the existing semi-detached dwelling unit, generally in accordance with drawings
prepared by Rob Sajkunovic, dated August 16, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for minor variances to facilitate
the development of an additional two (2) dwelling units on the subject property.
The key finding of this report is that the requested minor variances satisfy 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is locatedon Catalina Court, near its intersection with Monte Carlo
Street. The existing use of the property is a semi-detached dwelling unit.
Figure A Location of Subject Property
Figure B Location of Proposed ADU (Detached)
Figure C - Location of Proposed Driveway
Figure D Curb Cutting/Driveway Widening Drawing For Permit
Community Areas Urban Structure and is
Low-Rise Residential lan.
Low-Rise Residential Five Zone (RES-5-law 85-1 or
2019-051.
The purpose of the application is to facilitate the development of two (2) additional dwelling
units on the subject property through the construction of an Additional Dwelling Unit
(Attached) in the basement of the existing semi-detached dwelling unit and an Additional
Dwelling Unit (Detached) in the rear yard of the subject property, as shown i
The requested relief from the Zoning By-law is necessary to permit the ADU (Detached)
on a lot with a width of 11.9 metres. To facilitate the three (3) dwelling unit use of the
property, two (2) of the three (3) required parking spaces will be located in the existing
driveway in the exterior side yard of the property. One (1) of the three (3) required parking
spaces will be located in a new driveway in the front yard of the property. The location of
the three (3) parking spaces is shown in
A drawing submitted as a part of the driveway widening/curb cutting application has been
included with this report as .
The requested relief from the Zoning By-law is necessary to locate three (3) required
parking spaces on the subject property within 6 metres of the street (property) line.
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
This designation permits a full range of low density housing types including semi-detached
dwelling units, additional dwelling units, and other forms of low-rise housing. The intent of
this designation is to ensure compatibility of building form, with respect to massing, scale
and design in order to support the successful integration of a range of building types. It
also places emphasis on the relationship of buildings to adjacent properties, streets, and
exterior areas. Staff is of the opinion that the requested variances meet the general intent
of the Official Plan.
General Intent of the Zoning By-law
Minimum Lot Width for Additional Dwelling Unit (Detached):
The intent of Section 4.12.3 k) of Zoning By-law 2019-051 which requires a minimum lot
width of 13.1 metres to permit an ADU (Detached) is to ensure there is adequate space on
the lot to accommodate the size of an ADU (Detached), required parking and a sufficient
amenity area for use by the residents of the dwelling units. The proposed ADU (Detached)
is able to locate within the rear yard of the property while preserving the existing driveway
and a portion of the landscaped area. The proposed ADU (Attached) will be located within
the existing semi-detached dwelling unit. Staff is of the opinion that the requested variance
meets the general intent of the Zoning By-law.
Parking Spaces within 6.0 metres of a Street Line:
The intent of Section 5.3.3 a) ii) of Zoning By-law 2019-051 which permits a maximum of
one (1) parking space within 6.0 metres of a street line for a property having 3 dwelling
units is to ensure that the front and exterior yards of properties do not primarily function as
parking areas. Two of the three required parking spaces will be located in the existing
driveway in the exterior side yard and will be set back 0.3 metres from the street line. One
of the three parking spaces will be located in a new driveway in the front yard and will be
set back 0 metres from the street line. A Curb Cut Permit has already been issued for this
new driveway. The exterior side yard of the property will still provide greater than the
minimum required 20% landscaped area. 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?
Staff is of the opinion that the requested variances are minor. The proposed ADU
(Detached) will not impact the neighbouring properties. The potential issue of overlook is
mitigated by the building design which does not feature any windows on the wall adjacent
to the neighbouring property. The boulevard and existing street trees provide a visual
barrier between the parking spaces and the street. Accordingly, the effects of the
variances will be minor.
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 variances are desirable and appropriate for the use of the
land as it will facilitate the development of 3 dwelling units on the subject property,
supporting a gentle intensification of the property, will make use of existing infrastructure,
Environmental Planning Comments:
No natural heritage concerns. The nis close to the ADU
construction but should be far enough away to prevent damage, therefore there are no
concerns.
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance. An application has been
made for the detached additional dwelling unit.
Engineering Division Comments:
Advisory comment: it is City policy for only 1 set of services per property.
Parks/Operations Division Comments:
Comments revised to indicate no concerns.
Transportation Planning Comments:
Transportation Services can support the proposed application to permit three (3) parking
spaces to be located within 6 metres of the property line as the proposal includes an
updated driveway that can accommodate the proposed number of vehicles. NOTE: The
homeowner is responsible for obtaining an approved Curb Cut Permit from the City of
Kitchener before modifying the curb in any way. This application can be filled out via the
City of Kitchener website.
Region of Waterloo Comments:
There are no conditions for this application. However, the owners are advised that any
noise-sensitive development on the subject lands may have impacts from environmental
noise from transportation noise in the vicinity. The applicants are responsible for ensuring
that the subject development does not have any environmental noise impacts.
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
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
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 2019-051
ATTACHMENTS:
Attachment A Site Plan
Attachment A Site Plan
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: September 5, 2023
REPORT NO.: DSD-2023-399
SUBJECT: Minor Variance Application A2023-112 103 Peter Street
RECOMMENDATION:
That Minor Variance Application A2023-112 for 103 Peter Street requesting relief
from Section 5.22.2 f) of Zoning By-law 85-1 to permit a lot width of 12.7 metres
instead of the minimum required 13.1 metres, to facilitate the conversion of the
existing Single Detached Dwelling with 1 Additional Dwelling Unit (ADU) (Attached)
(Duplex) into a Single Detached Dwelling with 2 ADUs (Attached) (Triplex), generally
in accordance with drawings prepared by Nuovo Engineering Services, dated June
2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
conversion of an existing Single Detached Dwelling with 1 Additional Dwelling Unit
(ADU) (Attached) (Duplex) into a Single Detached Dwelling with 2 ADUs (Attached)
(Triplex).
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is a rectangular lot located at the intersection of Peter Street and
Martin Street.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Aerial Photo of Subject Property
Major Transit Station Area Urban
in the Mill Courtland Woodside Park
Secondary Plan.
Residential Five Zone (R-5and is identified in Appendix H -
Residential Intensification in Establish in Zoning
By-law 85-1.
The purpose of the application is to review a minor variance to facilitate the conversion of
an existing Duplex into a Triplex. The subject property currently contains a three-storey
duplex dwelling on a lot with a width of 12.7 metres. Section 5.22.2 f) of Zoning By-law 85-
1 states that 13.1 metres is the minimum lot width requirement for a property with 2
Additional Dwelling Units(ADU) (Attached). Accordingly, a minor variance is required to
permit the lot width of 12.7 metres.
The right side yard setback and rear yard setback of the subject property exceed the
minimum requirements outlined in Zoning By-law 85-1, as they are 3.9 metres and 29.4
metres, respectively.
In November of 2022 the Committee approved Minor Variance Application A2022-103
requesting relief from Section 39.2.1 of Zoning By-law 85-1, to permit an interior side yard
setback of 0.8 metres instead of the minimum required 1.2 metres to recognize the
setback of a third storey addition, currently under construction, to facilitate the conversion
of a two storey single detached dwelling to a duplex dwelling,
Figure 2 Site Plan
Staff conducted a site visit to the subject property on August 30, 2023.
Figure 3 Front View of Subject Property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The subject property is designated
Woodside Park Secondary Plan. The 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
an additional ADU (Attached) (Triplex) meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the minimum lot width requirement of 13.1 metres is to ensure that
there is adequate space for required parking, emergency access, appropriate side yard
setbacks and amenity space on the lot. Staff is of the opinion that the proposed use meets
the general intent of the By-law, and that this size lot will continue to function appropriately
as a triplex unit, as 3 parking spaces can be accommodated in tandem, the right side yard
setback exceeds the minimum 1.2 metre requirement, the rear yard setback is 29.4
metres, and the landscaped area exceeds the minimum 20% lot coverage requirement.
Is/Are the Effects of the Variance(s) Minor?
The variance can be considered minor as the addition of an attached dwelling to facilitate
the conversion of a duplex to a triplex is proposed for a portion of an existing Duplex Dwelling
and there are no new additions or floor area being proposed. Sufficient parking and amenity
area can be accommodated on the subject property. Although tandem parking is not ideal,
the property is located within a Major Transit Station Area and not all 3 parking spaces may
rd
be required. The variance of 0.4 metres will facilitate a 3 dwelling unit within the existing
building on the subject property which should not impact abutting properties.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance to facilitate the conversion of the building on the subject property into a
triplex is appropriate for the development and use of the land as it will support a gentle
intensification of the property with the creation of a dwelling unit, will make use of existing
Environmental Planning Comments:
Environmental Planning has no concerns.
Heritage Planning Comments:
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 103 Peter
Street is located within the Cedar Hill Neighbourhood CHL. The City has undertaken
additional work on examining the CHL significance of the CHL area through its work on
drafting a new Secondary Plan for the Cedar Hill Neighbourhood CHL area. For more
information on the outcome of this CHL analysis and the specific recommendations which
may impact properties located within the Cedar Hill Neighbourhood CHL, please visit the
following link: www.kitchener.ca/npr.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the addition of a second attached additional dwelling unit and
it is currently under review.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Parks/Operations Division has no concerns.
Transportation Planning Comments:
Transportation Planning has no concerns.
Grand River Conservation Authority Comments:
GRCA has no concerns.
Ministry of Transportation Comments:
MTO has no concerns.
Region of Waterloo Comments:
There are no conditions for this application. However, the owners are advised that any noise-
sensitive development on the subject lands may have impacts from environmental noise from
transportation noise in the vicinity. The applicants are responsible for ensuring that the
subject development does not have any environmental noise impacts.
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
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
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
DSD-2022-471 Minor Variance A2022-129
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: September 6, 2023
REPORT NO.: DSD-2023-393
SUBJECT: Minor Variance Application A2023-113 9 Siebert Avenue
RECOMMENDATION:
That Minor Variance Application A2023-113 for 9 Siebert Avenue requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 4.12.3 k) to permit an Additional Dwelling Unit (Detached) to be
partially located in an exterior side yard whereas the Zoning By-law does not
permit an Additional Dwelling Unit to be located in an exterior side yard; and
ii) Section 5.3.3. a) ii) to permit two (2) parking spaces to be located within 6.0
metres of a street line instead of the maximum permitted one (1) parking
space within 6.0 metres of a street line;
to permit the construction of an Additional Dwelling Unit (ADU) (Detached) in the
exterior side yard of the property, generally in accordance with drawings submitted
th
with Minor Variance Application A2023-113, BE DEFERRED to the December 12,
2023 Committee of Adjustment Meeting, or sooner, to allow the GRCA an
opportunity to review a Topographic Survey, with the Floodplain delineated, to
confirm that the proposed Additional Dwelling Unit (ADU) (Detached) will be located
outside the Montgomery Creek Floodplain.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for minor variances to facilitate
the construction of an Additional Dwelling Unit (Detached) partially in the exterior side
yard of the subject property.
The key finding of this report is that the requested minor variances need to be
deferred to a future Committee of Adjustment meeting.
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
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 located on the corner of Siebert Avenue and Clark Avenue. The
existing use of the property is a Single Detached dwelling with an Additional Dwelling Unit
(ADU) (Attached).
Figure A Location of Subject Property
Figure B Location of proposed ADU (Detached)
Figure C Driveway with access to Figure D Driveway with access to
Siebert Ave Clark Ave
Major Transit Station Area Urban
Low-Rise Residential
Official Plan.
Low-Rise Residential Two Zone (RES-2-law 2019-
051.
The purpose of the application is to facilitate the construction of an Additional Dwelling
Unit (ADU) (Detached) partially in the exterior side yard of the subject property. The
The requested relief from the Zoning By-law is necessary to facilitate the construction of
the ADU (Detached) in order to try and preserve a large evergreen tree. To facilitate a
three (3) dwelling unit use of the property, two (2) required parking spaces will be located
C
and one (1) of these two (2) parking spaces will be located within 6.0 metres of a street
line. One (1) parking space for the ADU (Detached) will be located in the existing driveway
of a street line.
The parking space for the ADU (Detached) will be provided but is not required since the
property is within 800 metres of an LRT station (See Section 4.12.3 p) of Zoning By-law
2019-051). The requested relief from the Zoning By-law is necessary to locate three
parking spaces within the existing driveways.
Minor Variance A2023-113 is recommended to be deferred from September 19th
Committee of Adjustment Agenda. In circulation and review of the Minor Variance
Application, GRCA noted that a portion of the subject property is within the regulated
allowance adjacent to the floodplain associated with Montgomery Creek.
The proposed ADU is in close proximity to the floodplain and GRCA policies do not permit
new dwelling units within the floodplain. As such, GRCA staff have requested a
Topographic Survey, with the floodplain delineated, to confirm that the proposed ADU will
be outside the floodplain. GRCA staff will provide the floodplain elevation to the applicant
under separate cover to assist in the preparation of the Topographic Survey.
Environmental Planning Comments:
No concerns. No trees in shared ownership appear to be affected. If survey for GRCA
results in a new footprint being proposed, please re-assess potential impacts to any trees.
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
application has been made for the detached additional dwelling unit and it is currently under
review.
Engineering Division Comments:
Advisory comment: It is City policy for only 1 set of services per property.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
GRCA Comments:
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS,
2020), as a regulatory authority under Ontario Regulation 150/06, and as a public body
under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that a portion of the subject property
is within the regulated allowance adjacent to the floodplain associated with Montgomery
Due to the presence of the features noted above, a portion of the property is regulated by
the GRCA under Ontario Regulation 150/06 Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses Regulation. Any future development or
other alteration within the regulated area will require prior written approval from GRCA in
the form of a permit pursuant to Ontario Regulation 150/06.
The proposed minor variance application requests permission to allow an Additional
Dwelling Unit (ADU) partially within the exterior side yard. The proposed ADU is in close
proximity to the floodplain and GRCA policies do not permit new dwelling units within the
floodplain. As such, GRCA staff request a topographic survey with the floodplain
delineated to confirm that the proposed ADU will be outside the floodplain. GRCA staff will
provide the floodplain elevation to the applicant under separate cover.
Coed a
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This report h
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 f
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 2019-051
ATTACHMENTS:
Attachment A Site Plan
Attachment B GRCA Source Mapping
Attachment A Site Plan
Attachment B GRCA Source Mapping
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 2023 via email
GRCA File: A2023-113 9 Siebert Avenue
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Dear Marilyn Mills,
Re: Application for Minor Variance A2023-113
9 Siebert Avenue, City of Kitchener
Robert Westbury
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor
variance application.
Recommendation
The GRCA recommends deferral of this application to allow the applicant an opportunity
to confirm the proposed Additional Dwelling Unit will be located outside of the floodplain.
Please see additional comments below.
Documents Reviewed by Staff
Staff have reviewed the following documents submitted with this application:
Application for Minor Variance
Site Plan Sketch
GRCA Comments
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a regulatory authority under Ontario Regulation 150/06, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that a portion of the subject
property is within the regulated allowance adjacent to the floodplain associated with
Montgomery Creek. A copy of resource mapping is attached.
Due to the presence of the features noted above, a portion of the property is regulated
by the GRCA under Ontario Regulation 150/06 - Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future
development or other alteration within the regulated area will require prior written
approval from GRCA in the form of a permit pursuant to Ontario Regulation 150/06.
The proposed minor variance application requests permission to allow an Additional
Dwelling Unit (ADU) partially within the exterior side yard.The proposed ADU is in close
proximity to the floodplainand GRCA policies do not permit new dwelling units within
the floodplain. As such, GRCA staff request a topographic survey with the floodplain
delineated to confirm that the proposed ADU will be outside of the floodplain.GRCA
staff will provide the floodplain elevation to the applicant under separate cover.
2023approved fee schedule, this application is considered a
andthe applicant will be invoiced in the amount of $300.00for
ForMunicipal Consideration
Please be advised that on January 1, 2023, a
Regulation 596/22: Prescribed Acts Subsections 21.1.1 (1.1) and 21.1.2 (1.1) of the
Conservation Authorities Act) came into effect. As a result, non-mandatory technical
review services that the GRCA formerly provided under agreement with some
municipalities (e.g., technical reviews related to natural heritage and select aspects of
stormwater management) will no longer be provided.
Should you have any questions, please contact the undersignedat 519-621-2763 ext.
2319or cfosterpengelly@grandriver.ca.
Sincerely,
Chris Foster-Pengelly,M.Sc.
Assistant Supervisor of Resource Planning
Grand River Conservation Authority
Enclosed:GRCA Mapping
Copy:Robert Westbury(via email)
Grand River
Conservation Authority
Date: Aug 31, 2023
Author: CFP
9 Seibert Avenue, Kitchener
Legend
Regulation Limit (GRCA)
Regulated Watercourse (GRCA)
Regulated Waterbody (GRCA)
Wetland (GRCA)
Floodplain (GRCA)
Engineered
Estimated
Approximate
Special Policy Area
Slope Valley (GRCA)
Steep
Oversteep
Steep
Slope Erosion (GRCA)
Oversteep
Toe
Lake Erie Flood (GRCA)
Lake Erie Shoreline Reach (GRCA)
Lake Erie Dynamic Beach (GRCA)
Lake Erie Erosion (GRCA)
Parcel - Assessment (MPAC/MNRF)
This legend is static and may not fully reflect the
layers shown on the map. The text of Ontario
Regulation 150/06 supercedes the mapping as
represented by these layers.
Copyright Grand River Conservation Authority, 2023.
Disclaimer: This map is for illustrative purposes only. Information
contained herein is not a substitute for professional review or a site
survey and is subject to change without notice. The Grand River
Conservation Authority takes no responsibility for, nor guarantees,
the accuracy of the information contained on this map. Any
interpretations or conclusions drawn from this map are the sole
responsibility of the user.
The source for each data layer is shown inparentheses in the map
legend. For a complete listing of sources and citations go to:
https://maps.grandriver.ca/Sources-and-Citations.pdf
05102030
GRCA
Metres
Map Centre (UTM NAD83 z17): 543,874.69 4,808,145.10
NAD 1983 UTM Zone 17NScale: 977
This map is not to be used for navigation | 2020 Ortho (ON) | 2022 Ortho (ROWG)
±
From:Johnston, Jeremiah (MTO)
To:Committee of Adjustment (SM);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
REPORT TO:Committeeof Adjustment
DATE OF MEETING:September 9, 2023
SUBMITTED BY:Tina Malone-Wright, Supervisor, Development Applications
519-741-2200ext. 7765
PREPARED BY:Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED:Ward10
DATE OF REPORT:September 6, 2023
REPORT NO.:DSD-2023-404
SUBJECT:Minor Variance Application A2023-114–78 Weber Street West
RECOMMENDATION:
That Minor Variance Application A2023-114for78 Weber Street Westrequesting
relief from:
i)Section 5.6.1a)of Zoning By-law 85-1to permit steps that are within 3 metres
of a street line and within a required yard to be 0.78 metres in height rather
than the maximum permitted height of 0.6 metres; and
ii)Section 5.6A.4d)of Zoning By-law 85-1to permita porch that is greater than
0.6 metresin heightto be 0.2 metres from a street line instead of the minimum
required 3 metres;
in accordance with drawings prepared by Stakt Architecture Inc., datedAugust 2,
2023, BE APPROVED, subject to the following conditions:
1.That the Owner shall grant Metrolinx an environmental easement over the
Retained Lands for operational emissions, to the satisfaction of Metrolinx.
2.That the Owner shall provide confirmation to Metrolinx that the following
warning clause has been inserted into all Development Agreements, Offers to
Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit
within 300 metres of the Railway Corridor, to the satisfaction of Metrolinx:
“Warning: The Applicant is advised that the subject land is located within
Metrolinx’s 300 metres railway corridor zone of influence and as such is
advised that Metrolinx and its assigns and successors in interest has or have a
right-of-way within 300 metres from the subject land. The Applicant is further
advised that there may be alterations to or expansions of the rail or other
transit facilities on such right-of-way in the future including the possibility that
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Metrolinx or any railway entering into an agreement with Metrolinx to use the
right-of-way or their assigns or successors as aforesaid may expand or alter
their operations, which expansion or alteration may affect the environment of
the occupants in the vicinity, notwithstanding the inclusion of any noise and
vibration attenuating measures in the design of the development and
individual lots, blocks or units.”
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for minor varianceto permit the
use of the building as a 6-unit multiple 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 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 isa corner lot and islocatedon the northeast corner of Weber Street
West and College Street. The existing building on site is designated under Part V of the
Ontario Heritage Act and located within the Civic Centre Neighbourhood Heritage
Conservation District. The building has been used previously as a 4-unit multiple dwelling.
The subject property is identified asa‘Major Transit Station Area’ on Map 2 –Urban
Structure and is designated ‘High Density Commercial Residential’ on Map 9–Civic
Centre Neighbourhood Plan for Land use in theCity’s Official Plan.
The property is zoned ‘Commercial Residential ThreeZone (CR-3)’ in Zoning By-law 85-1.
Figure 1: Location of Subject Property
The purpose of the applicationis to facilitate the redevelopment of the site for use as a 6-
unit multiple dwelling. The proposed porch and steps are to facilitate the entrance required
for the additional unit(s) being added. The applicant has submitted a Zoning Occupancy
Certificate (ZOC) to the Planning Division that is under review. Site Plan approval is not
required for multiple dwellings of 10 units or less as of November 28, 2022 (Bill 23). A
Heritage Permit is required for the proposed redevelopment of the site and has been
issued as HPA-2023-V-013.
Figure 2:View of Existing Building from Weber Street West (September 5, 2023)
Figure 3:View of Existing Building from College Street (September 5, 2023)
Figure 4: Proposed Elevation with Porch and Steps
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The City’s Official Plan contains policies that encourage the redevelopment and re-use of
existing buildings and infill opportunities, in order to respond to changing housing needs
and as a cost-effective means to reduce infrastructure and servicing costs by minimizing
land consumption and making better use of existing community infrastructure. The
requested variance would enable the use of the existing building for a re-purposed 6-unit
multiple dwelling. Staff is of the opinion that the requested variance meets the general
intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulations that require a porch and steps to be under 0.6metresin
height and to be set back from the street line is to provide for adequate separation
between the functional space used for private property and the public realm. With the
existing building setback at 1.6 metres to the street line at College Street, thebuilding is
located closer to the street line than a porch could in the current zoning. This is indicative
of the unique character of the Civic Centre neighbourhood, which contains numerous
examples of reduced setbacks of buildings, porches, and steps to the street line. College
Street is a one-way directional street in this section, and municipal sidewalk and a
landscaped boulevard is existing. The proposed porch and steps are outside of the
Driveway Visibility Triangle (DVT) and the Corner Visibility Triangle (CVT). Staff do not
foresee any adverse impacts to the public realm in this street cross section, and therefore
are of the opinion that the requested minor variances meet the general intent of the Zoning
By-law.
Is/Are the Effects of the Variance(s)Minor?
The existing building currently contains a small porch and steps within 3 metre of the
street line (see Figure 3). The proposed porch and steps will provide functional access to a
dwelling unit and are not expected to create adverse impacts for neighbouring lands or the
public realm. Staff is of the opinion that the effects of the requested variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The lands contain a building formerly used as a 4-unit multiple residential. The
redevelopment of the site into a 6-unit multiple dwelling is appropriate for the lands based
on the site layout and former use as a small multiple dwelling site. The site is situated in
the Civic Centre Neighbourhood Conservation District and the building is designated under
Part V of the Ontario Heritage Act. The re-use of the existing building is considered
desirable and appropriate for the use of the land and building in the opinion of Staff.
Figure 5:Proposed Site Layout
Environmental Planning Comments:
No natural heritage concerns.
Heritage Planning Comments:
The subject property is designated under Part V of the Ontario Heritage Act and located
within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD). A
heritage permit (HPA-2023-V-013) has been issued for the proposed work. There are no
further heritage concerns.
BuildingDivisionComments:
The Building Division has no objections to the proposed variance. ABuilding Permit
application has been made for the additional dwelling unit and it is currently under review.
Parks/Operations Division Comments:
Parkland dedication will be required for the proposed new unit associated with Building
Permit 23 116216.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
Region of WaterlooComments:
There are no conditions for this application. However, the staff notes as below:
a)The owners are advised that any noise-sensitive development on the subject lands
may have impacts from environmental noise from transportation noise from traffic on
Weber Street East (RR #08) and any potential stationary noise in the vicinity. The
applicants are responsible for ensuring that the subject development does not have
any environmental noise impacts.
b)Under any future development application, a dedicatedroad widening (approximately
3.82metres) will be required to comply with ROP Designated road width (currently
26.213metres) for Weber Street West (RR #08). Under such future conditions, the
existing/proposed building would be encroaching into the Regional road right-of-way.
The applicants must use their due diligence so as to have minimum impacts to the
subject's existing/proposed development at such times in future.
c)An encroachment agreement may be required under any future development
application stage.
MetrolinxComments:
Metrolinx is in receipt of the minor varianceapplication for 78 Weber StreetWestto
nd
facilitate the construction of a new side porch and steps to support a new 2storey unit
within the building.Metrolinx’s comments on the subjectApplication are noted below:
The subject property is located within 300 metres of Metrolinx's Guelph Subdivision
which carries Metrolinx's Kitchener GO Train service.
As per section 3.9 of the Federation of Canadian Municipalities and Railway
Association of Canada's Guidelines for New Development in Proximity to Railway
Operations, the Owner shall grant Metrolinx an environmental easement for
operational emissions. The environmental easement provides clear notification to
those who may acquire an interest in the subject property and reduces the potential for
future land use conflicts. The environmental easement shall be registered on title of
the subject property. A copy of the form of easement is included for the Owner's
information. The applicant may contact Farah.Faroque@metrolinx.comwith questions
and to initiate the registration process. (It should be noted that the registration process
can take up to 6 weeks).
The Proponent shall provide confirmation to Metrolinx, that the following warning
clause has been inserted into all Development Agreements, Offers to Purchase, and
Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of
the Railway Corridor
“Warning: The Applicant is advised that the subject land is located within Metrolinx’s
300 metres railway corridor zone of influence and as such is advised that Metrolinx
and its assigns and successors in interest has or have a right-of-way within 300
metres from the subject land. The Applicant is further advised that there may be
alterations to or expansions of the rail or other transit facilities on such right-of-way in
the future including the possibility that Metrolinx or any railway entering into an
agreement with Metrolinx to use the right-of-way or their assigns or successors as
aforesaid may expand or alter their operations, which expansion or alteration may
affect the environment of the occupants in the vicinity, notwithstanding the inclusion of
any noise and vibration attenuating measures in the design of the development and
individual lots, blocks or units.”
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget –The recommendation has no impact on the Capital Budget.
Operating Budget –The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM –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
Civic Centre Secondary Plan
Official Plan (2014)
Zoning By-law 85-1
HPA-2023-V-013
ATTACHMENTS:
No attachments.
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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
To: Kitchener Committee of Adjustment
From: Adjacent Developments GO Expansion - Third Party Projects Review & LRT - Metrolinx
st
Date: September 1, 2023
Re: A 2023-114 - 78 Weber St W, Kitchener
Metrolinx is in receipt of the minor variance application for 78 Weber St W to facilitate the construction
of a new side porch and steps to
comments on the subject application are noted below:
The subject property is located within 300m of Metrolinx's Guelph Subdivision which carries
Metrolinx's Kitchener GO Train service.
As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of
Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall
grant Metrolinx an environmental easement for operational emissions. The environmental
easement provides clear notification to those who may acquire an interest in the subject
property and reduces the potential for future land use conflicts. The environmental easement
shall be registered on title of the subject property. A copy of the form of easement is included
for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with
questions and to initiate the registration process. (It should be noted that the registration
process can take up to 6 weeks).
The Proponent shall provide confirmation to Metrolinx, that the following warning clause has
been inserted into all Development Agreements, Offers to Purchase, and Agreements of
Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor
Warning:
metres railway corridor zone of influence and as such is advised that Metrolinx and its
assigns and successors in interest has or have a right-of-way within 300 metres from the
subject land. The Applicant is further advised that there may be alterations to or expansions
of the rail or other transit facilities on such right-of-way in the future including the possibility
that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-
way or their assigns or successors as aforesaid may expand or alter their operations, which
expansion or alteration may affect the environment of the occupants in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in the design
of the development and individual lots, blocks or units.
Should you have any questions or concerns, please do not hesitate to contact me.
Best regards,
Farah Faroque
Project Analyst, Third Party Projects Review
Metrolinx
10 Bay Street | Toronto | Ontario | M5J 2N8
1
Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Properties section of the Transfer Easement to which this Schedule is attached (the
"Easement Lands");
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a
permanent and perpetual non-exclusive easement or right and interest in the nature of a
permanent and perpetual non-exclusive easement over, under, along and upon the whole of
the Easement Lands and every part thereof for the purposes of discharging, emitting,
releasing or venting thereon or otherwise affecting the Easement Lands at any time during
the day or night with noise, vibration and other sounds and emissions of every nature and
kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter,
electromagnetic interference and stray current but excluding spills, arising from or out of, or
in connection with, any and all present and future railway or other transit facilities and
operations upon the lands of the Transferee and including, without limitation, all such
facilities and operations presently existing and all future renovations, additions, expansions
and other changes to such facilities and all future expansions, extensions, increases,
enlargement and other changes to such operations (herein collectively called the
"Operational Emissions").
THIS Easement and all rights and obligations arising from same shall extend to, be
binding upon and enure to the benefit of the parties hereto and their respective officers,
directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers,
licensees and other operators, occupants and invitees and each of its or their respective
heirs, executors, legal personal representatives, successors and assigns. The covenants and
obligations of each party hereto, if more than one person, shall be joint and several.
Easement in gross.
2
From:Johnston, Jeremiah (MTO)
To:Committee of Adjustment (SM);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 19, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning),
519-741-2200 ext. 7844
WARD(S) INVOLVED: 8
DATE OF REPORT: September 8, 2023
REPORT NO.: DSD-2023-405
SUBJECT: Minor Variance Application A2023-115 275 Lawrence Ave.
RECOMMENDATION:
That Minor Variance Application A2023-115 for 275 Lawrence Avenue requesting
relief from Section 10.2 of Zoning By-law 2019-051, to permit an office use of the
subject property whereas the -1 Zone does not permit an office use, in
accordance with Site Plan SP16/096/L/SRM, dated December 9, 2016, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application requesting
permission to add a new use to the property whereas the current zoning does not
permit the use.
The key finding of this report is that the requested minor variance meets 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
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 located at the south-west corner of Lawrence Avenue and
Paulander Drive.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The property is identified as on Map 2 Urban Structure and
General Industrial Employment
Official Plan.
Figure 1: Location map
TNeighbourhood Industrial Employment Zone (EMP- in Zoning
By-law 2019-051.
The purpose of the application is to add a new use to the existing building and property.
Industrial. Over the years there may have been office use in parts of the building, along
with documentation of industrial uses as well (tradesman/contractor, printing
establishment, religious institution). Therefore, legal non-conforming status for 100%
general office use of the building is no longer applicable. The current use on file is for a
institutionM-2 (By-
law 4830).
The applicant wishes to establish a new use of 100% office (no specific tenant is proposed
at this time).
advisory, or training services are performed, but shall not include a health clinic,
commercial school, or industrial admini
Staff visited the site on September 5, 2023.
Figure 2: View from Lawrence Ave
Figure 3: View from corner of Lawrence Ave and Paulander Dr
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The intent of the General Industrial Employment designation is to provide for a
broad range of industrial uses. It also permits small free-standing offices in a mixed
industrial-residential area as per Policy 15.D.6.23.
15.D.6.23. Existing single detached, duplex, and triplex dwellings as well as small free
standing offices will be permitted in a mixed industrial-residential area
designated as General Industrial Employment.
Th meets the intent of
the land use designation and the Official Plan.
General Intent of the Zoning By-law
The intent of the Neighbourhood Industrial Employment Zone (EMP-1) is to accommodate a
limited range of industrial uses on lands located withing neighbourhoods and/or Major Transit
Station Areas. This property has been used for office purposes, for the entire building and for
parts of the building, over the years. The legal non-conforming status for 100% office of the
building was lost when industrially permitted uses no longer occupied the building (last use
and industrial uses and office uses have served the neighourhood in the past. Staff are of the
opinion that the general intent of the Zoning By-law is met.
Is/Are the Effects of the Variance(s) Minor?
Tsmall office use rather than several of
the uses normally permitted in the EMP-1 zone. No exterior changes are proposed for the
building and sufficient parking exists on site. Staff are of the opinion that the effects of the
variance to permit an office use are minor.
Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land,
Building and/or Structure?
The minor variance is desirable and appropriate as it will facilitate the use of the existing
building for office which is an appropriate use for this building and for the land which is
located in a mixed residential-industrial neighbourhood.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
No objections to the proposed variance provided building permits for the change of use to an
office is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services does not have any 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
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
intere
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 2019-051
August 29, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener,
ON N2G 4G7
Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 104 254 Westwood Drive There are no conditions for this application.
However, the applicants are advised that any residential dwellings (existing and
proposed) on the subject lands would have environmental noise from the CN
Railway mainline within 200 metres of the subject property (approximately 95m).
The applicants are responsible for ensuring that the subject development does
not have any environmental noise impacts.
2) A 2023 - 105 120 Rossford Crescent There are no conditions for this
application. However, the applicants are advised that any residential dwellings
(Existing and proposed) on the subject lands would have environmental noise and
rail vibration impacts from the CN Railway mainline adjoining the subject property
being located within 45m of the railway vibration influence zone as per railway
proximity guidelines). The applicants are responsible for ensuring that the subject
development does not have any environmental noise/vibration impacts.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЏБЋЍЌ
tğŭĻ Њ ƚŅ Ќ
3) A 2023 - 106 279 Sheldon Avenue North No Concerns
4) A 2023 - 107 239 Rosebank Place No Concerns.
5) A 2023 - 108 540 Frederick Street No Concerns.
6) A 2023 109 27 Roy Street No Concerns.
7) A 2023 - 110 148 Chandos Drive No Concerns.
8) A 2023 - 111 15 Catalina Court There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
9) A 2023 - 112 103 Peter Street There are no conditions for this application.
However, the owners are advised that any noise-sensitive development on the
subject lands may have impacts from environmental noise from transportation
noise in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
10) A 2023 113 9 Siebert Avenue No Concerns.
11) A 2023 - 114 78 Weber Street West There are no conditions for this
application. However, the staff notes as below:
a) The owners are advised that any noise-sensitive development on the subject
lands may have impacts from environmental noise from transportation noise
from traffic on Weber Street East (RR #08) and any potential stationary noise
in the vicinity. The applicants are responsible for ensuring that the subject
development does not have any environmental noise impacts.
b) Under any future development application, a dedicated road widening
(approximately 3.82m) will be required to comply with ROP Designated road
width (currently 26.213m) for Weber Street West (RR #08). Under such future
conditions, the existing/proposed building would be encroaching into the
Regional road right-of-way. The applicants must use their due diligence so as
to have minimum impacts to the subject's existing/proposed development at
such times in future.
c) An encroachment agreement may be required under any future development
application stage.
12) A 2023 115 275 Lawrence Avenue No Concerns.
2
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
3
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 9, 2023
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: September 6, 2023
REPORT NO.: DSD-2023-406
SUBJECT: Consent Application B2023-035 100 St. George Street
RECOMMENDATION:
That Consent Application B2023-035 requesting consent to sever a parcel of land at
100 St. George Street having a lot width of 16.8 metres, a lot depth of 35.3 metres
and a lot area of 564 square metres, BE APPROVED subject to the following
conditions:
1. That the Oransfer documents and associated
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
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
prior to deed endorsement.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
6. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of the
City's Director of Engineering Services.
7. That any new driveways are to be built to City of Kitchener standards at the
ctor of Engineering Services.
8. That the Owner provides confirmation that the basement elevation can be drained
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
Engineering Services.
9. nning, the Owner shall enter into
an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the
include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and
Supervisor, Site Plans, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, a landscaped area
and the vegetation to be preserved. If necessary, the plan shall include
required mitigation and or compensation measures.
b) The owner further agrees to implement the approved plan. No changes to the
Supervisor, Site Plans.
10. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00. If the owner can demonstrate suitable non-profit housing
provider status to the satisfaction of the Director of Parks and Cemeteries,
parkland dedication fees may be waived.
11. That prior to final approval, a licensed Archaeologist prepares an Archaeological
Assessment on the severed and retained lands and a copy of the Ministry of
Citizenship and Multiculturalism Acknowledgement letter(s) and the Assessment
Report(s) must be pr
Planning, Development and Legislative Services Department.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for consent to create a new lot in
order to construct a semi-detached dwelling. A new semi-detached dwelling is also
proposed to be constructed on the lands to be retained.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the North side of St. George Street between Peter
Street and Cedar Street South. The site formerly contained a regional water tower that has
been demolished. The site is currently vacant.
Figure 1: Location of Subject Property
The subject property is identified as Urban
Low Rise Conservation 11 Cedar Hill
Neighbourhood Land Use Plan
Residential Five Zone (R-5-law 85-1.
The purpose of the application is to separate the lot into two roughly equal size lots in
order to be developed with a semi-detached dwelling on both resulting lots. A further
severance application would be required in the future after construction of the dwellings to
allow separate ownership of each half of each semi-detached dwelling. This would result
in a total of 4 residential units. Habitat for Humanity is intending to provide the units as
affordable home ownership.
Figure 2: View of Vacant Site (August 28, 2023)
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 two new lots for future semi-
detached dwellings that are compatible with the surrounding community and will make use
of the existing infrastructure. No new public roads would be required for the proposed
development. Planning staff is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
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.
development represents intensification and will contribute towards achieving the C
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):
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.
Major Transit Station Area Urban
Structure and is designated Low Rise Conservation 11 Cedar Hill
Neighbourhood Land Use Plan
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
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 development of adjacent
Zoning By-law 85-1
Residential Five Zone (R-5-law 85-1. -5
permits a range of low density dwelling types such as semi-detached dwellings. The
proposed lot sizes meet and exceed the minimum lot width and lot area requirements in
the R-5 Zone.
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. 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 standard condition for Tree Protection/Enhancement Plan shall be applied.
Heritage Planning Comments:
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 100 St.
George Street is located within the Cedar Hill Neighbourhood CHL. The City has undertaken
additional work on examining the CHL significance of the CHL area through its work on
drafting a new Secondary Plan for the Cedar Hill area. For more information on the outcome
of this CHL analysis and the specific recommendations which may impact properties located
within the Cedar Hill Neighbourhood CHL, please visit the following link:
www.kitchener.ca/npr
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 construction of the new residential buildings.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service
this property, all prior to severance approval. Our records indicate sanitary, storm and
water municipal services are currently available to service this property. Any further
enquiries in this regard should be directed to Jason Brule (jason.brule@kitchener.ca).
Any new driveways are to be built to City of Kitchener standards. All works are at the
.
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:
There are four existing City-owned street trees located on St George Street that will be
impacted by future construction. If these trees cannot be protected to City standards
throughout construction as per Chapter 690 of the current Property Maintenance By-law, full
compensation and/or replacement is expected. A Tree Protection and Enhancement Plan
(TPEP) will be required as part of a Building Permit application, please see Urban Design
Manual Part C, Section 13 and www.kitchener.ca/treemanagement.
A cash-in-lieu of park land dedication will be required on the severed parcel as 1 new
development lot is created. The cash-in-lieu dedication required is $11,862. If the owner can
demonstrate suitable non-profit housing provider status, parkland dedication fees may be
waived.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
GRCA Comments:
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
application. 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.
Hydro One Comments:
th
We are in receipt of your Application for Consent, B-2023-035 dated August 25, 2023.
We have reviewed the documents concerning the noted Application and have no
comments or concerns at this time. Our preliminary review considers issues affecting
Region of Waterloo Comments:
The applicant is proposing to sever a parcel of land for residential purposes. The severed
parcel will have frontage on St. George Street of 16.8 metres with an approximate area of
564 square metres. The lands to be retained will have a frontage of 16.8 metres on St.
George Street with an approximate area of 563 square metres. The owner (Habitat for
Humanity) is proposing two semi-detached dwellings on each lot for a total of four (4)
dwelling units.
Regional Cultural Heritage:
The subject lands have the potential for the recovery of archaeological resources due to
the location of the subject lands within a historic core area, its proximity to historic
buildings and the location upon a landform associated with the habitation of early peoples
in this Region. As a result, an Archaeological Assessment is required as a condition of
approval for the proposed severed and retained lands.
As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed
Archaeologist complete an Archeological Assessment of the subject property. The
applicant must submit the Archaeological Assessment report(s) to the Ministry of Heritage,
Sport, Tourism and Culture Industries and once reviewed and accepted, provide a copy of
etter(s) and the Assessment report(s) to the satisfaction
The completed Archaeological Assessment(s) and Ministry Acknowledgement(s) will be
required as a condition of approval for the proposed severed lands.
Regional Fee:
This project has committed government funding and therefore the consent fee is not
required in accordance with Region of Waterloo Fees and Charges By-law 23-009.
The Region has no objection to the proposed application, subject to the following
conditions:
1. THAT prior to final approval, a licensed Archaeologist prepares an Archaeological
Assessment on the severed and retained lands and a copy of the Ministry of
Citizenship and Multiculturalism Acknowledgement letter(s) and the Assessment
Planning, Development and Legislative Services Department.
General Comments
Any future development on the lands subject to the above-noted consent application will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
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
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 inform
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
CONSULT Staff communicated by email with a community resident. The resident
expressed that they are welcoming development on the vacant parcel in the proposed
housing form.
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)
Cedar Hill Secondary Plan
Official Plan (2014)
Zoning By-law 85-1
ATTACHMENTS:
No attachments.
Melissa Mohr
226-752-8622
D20-20/23 KIT
August 31, 2023
Marilyn Mills, Secretary Treasurer
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2023-0019
Committee of Adjustment Hearing September 19, 2023
CITY OF KITCHENER
B2023-035
100 St. George Street
Habitat for Humanity (Owners) C/O Dan Currie (MHBC Planning Inc. Authorized
Agent)
The applicant is proposing to sever a parcel of land for residential purposes. The
severed parcel will have frontage on St. George Street of 16.8m with an approximate
area of 564 square metres. The lands to be retained will have a frontage of 16.8m on
St. George Street with an approximate area of 563 square metres. The owner (habitat
for humanity) is proposing two semi-detached dwellings on each lot for a total of four (4)
dwelling units.
Regional Cultural Heritage:
The subject lands have the potential for the recovery of archaeological resources due to
the location of the subject lands within a historic core area, its proximity to historic
buildings and the location upon a landform associated with the habitation of early
peoples in this Region. As a result, an Archaeological Assessment is required as a
condition of approval for the proposed severed and retained lands.
As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed
Archaeologist complete an Archeological Assessment of the subject property. The
Document Number: 4470268 Version: 1
applicant must submit the Archaeological Assessment report(s) to the Ministry of
Heritage, Sport, Tourism and Culture Industries and once reviewed and accepted,
report(s) to the satisfaction
Legislative Services Department.
The completed Archaeological Assessment(s) and Ministry Acknowledgement(s) will be
required as a condition of approval for the proposed severed lands.
Regional Fee:
This project has committed government funding and therefore the consent fee is not
required in accordance with Region of Waterloo Fees and Charges By-law 23-009.
The Region has no objection to the proposed application, subject to the following
conditions:
1) THAT prior to final approval, a licensed Archaeologist prepares an Archaeological
Assessment on the severed and retained lands and a copy of the Ministry of
Citizenship and Multiculturalism Acknowledgement letter(s) and the Assessment
Planning, Development and Legislative Services Department.
General Comments
Any future development on the lands subject to the above-noted consent application will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
Melissa Mohr, MCIP, RPP
Senior Planner
Document Number: 4470268 Version: 1
August 31, 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 September 19, 2023
Applications for Minor Variance
A 2023-104254 Westwood Drive
A 2023-105120 Rossford Crescent
A 2023-106279 Sheldon Avenue North
A 2023-107239 Rosebank Place
A 2023-108540 Frederick Street
A 2023-10927 Roy Street
A 2023-110148 Chandos Drive
A 2023-11115 Catalina Court
A 2023-112103 Peter Street
A 2023-11478 Weber Street West
A 2023-115275 Lawrence Avenue
Applicationfor Consent
B 2023-035100 St. George Street
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:ARABIA Gabriel
To:Committee of Adjustment (SM);Planning (SM)
Subject:City of Kitchener - 100 St. George St - B-2023-035
Date:Tuesday, September 5, 2023 8:45:38 AM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B-2023-035 dated August 25, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns
at this time.
Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
HydroOne Map
Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map
If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations
Centre
Please let me know if you have any questions or concerns.
Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com
This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying,
disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received
by you.
This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email
From:Johnston, Jeremiah (MTO)
To:Committee of Adjustment (SM);Alison Fox
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting
Date:Friday, August 25, 2023 12:00:23 PM
Attachments:image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
You don't often get email from jeremiah.johnston@ontario.ca. Learn why this is important
Hello Allison,
th
MTO has no requirement for any of the applications scheduled for the Sept. 19
meeting.
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: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 25, 2023 11:46 AM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023
Meeting
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the
sender.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 19, 2023, have been loaded and
circulated through Sharefile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any
conditions on any of these applications, please provide the Committee with a written
report.
Please note: If you have comments, your written report must now be sent to
CofA@kitchener.ca no later than 12 noon on Friday, September 1, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Alison Fox (she/her)
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7594 | TTY 1-866-969-9994 | cofa@kitchener.ca