HomeMy WebLinkAboutCA Agenda - 2024-01-161
KiTc�ivER
Committee of Adjustment
Agenda
Tuesday, January 16, 2024, 10:00 a. m. - 12:00 p.m.
Council Chambers
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
(Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended,
and Ontario Regulations 197/96 and 200/96, as amended)
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council
Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on TUESDAY, JANUARY 16, 2024,
commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance
and/or Consent.
Applicants or Agents must attend in support of the application. This is a public meeting. Anyone
having an interest in any of these applications may make an oral submission at the meeting or
provide a written submission for Committee consideration. Please note this is a public meeting and
will be livestreamed and archived at www.kitchener.ca/watchnow.
The complete agenda, including staff reports will be available online the Friday prior to the week of
the meeting date.
Pages
1. COMMENCEMENT
2. MINUTES
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
Members of Council and members of the City's local boards/committees are
required to file a written statement when they have a conflict of interest. If a
conflict is declared please visit www.kitchener.ca/conflict to submit your written
form.
4. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT
TO THE PLANNING ACT
5. UNFINISHED BUSINESS
5.1 B 2023-042 & A 2023-135-136 - 52 Edgehill Drive, DSD -2024-032 5
Requesting consent to sever a parcel of land at the rear of the existing
dwelling, having a width of 32m, a depth of 45m, and an area of
1253.6sq.m. The retained land will have a width of 52m, a depth of 45m,
and an area of 1741 sq. m. Minor Variances are also being requested to
permit a driveway width of 16.5m for an existing driveway rather than
maximum width of 8m, and to permit reduced lot areas for both the
proposed severed and retained lands of 1,253sq.m. and 1,741sq.m.,
rather than the minimum required 2,023sq.m. The retained parcel will
maintain the existing dwelling, while the severed parcel is intended for a
residential dwelling.
6. NEW BUSINESS
6.1 A 2024-001 - 3273 King Street East, DSD -2024-039 41
Requesting permission to permit a legal non -conforming single detached
dwelling in a RES -7 zone to be used for a Single Detached Dwelling and
a Personal Services Use (Hair Salon); to permit a parking space to be
located 0.5m from the street line rather than the minimum required 3m, to
permit a parking space to be located in a Driveway Visibility Triangle
(DVT), whereas the By-law does not permit encroachments into the DVT;
and, to permit one barrier -free parking space to be 2.4m wide rather than
the required 3.4m, to facilitate the use of the existing building for a Single
Detached Dwelling and a Personal Services Use (Hair Salon).
6.2 A 2024-002 - 44 Patricia Avenue, DSD -2024-041 50
Requesting a minor variance to permit a westerly interior side yard
setback of 0.5m rather than the minimum required 1.2m to facilitate the
construction of a second -storey addition above the existing attached
garage of the single detached dwelling.
6.3 A 2024-003 to 008 —1388 New Dundee Road (Parts 111, 112, 115, 116, 66
119 and 120, Registered Plan 58M-671, Future addresses 6, 7, 10, 11,
14 and 15 Winter Wren Crescent), DSD -2024-045
Requesting minor variances to permit 6 external/end townhouse dwelling
units in a future townhouse block to have a lot width of 6.9m rather than
the minimum required lot width for an external/end townhouse dwelling
unit of 9.5m to facilitate the development of townhouse dwelling units on
Winter Wren Crescent.
6.4 A 2024-009 - 169 Otterbein Road, DSD -2024-036 75
Requesting a minor variance to permit a rear yard setback of 2.08m
rather than the minimum required 7.5m to facilitate the construction of a
detached dwelling on a vacant irregular sized corner lot.
Page 2 of 117
6.5 A 2024-010 - 7 Morrison Road, DSD -2024-038 84
Requesting a minor variance to permit a Floor Space Ratio (FSR) of 1.0
rather than the maximum permitted 0.9 to facilitate the redevelopment of
the property with two (2) 3 -storey stacked townhouse buildings with 16
units each, for a total of 32 dwelling units.
6.6 A 2024-011 -1955 Fischer Hallman Road, DSD -2024-030 92
Requesting a minor variance to permit a minimum parking requirement of
1 parking space for each 30 sq.m. of Gross Floor Area (GFA) rather than
the required 1 parking space for each 23 sq.m., to facilitate the final
stages of development for a Community Facility and a Fieldhouse.
6.7 B 2024-001 & B 2024-002 - 46 Shanley Street, DSD -2024-025 102
Requesting consent to sever a parcel of land so each half of a semi-
detached dwelling, municipally addressed as 46 and 46A Shanley Street,
so each half can be dealt with separately. The severed parcel (46A
Shanley Street) will have a width of 8.9m, a depth of 45.4m and an area
of 385 sq.m.; and, to grant an easement on the severed land in the front
yard, along the common wall, having a width of 1.5m, and a depth of
1.82m for maintenance purpose in favour of the retained land. The
retained land (46 Shanley Street) will have a width of 10.2m, a depth of
45.4m; and an area of 485 sq.m.; and, to grant an easement on the
retained land in the rear yard, along the common wall, having a width of
1.5m, and a depth of 1.82m for maintenance purpose in favour of the
severed land.
7. ADJOURNMENT
Page 3 of 117
8. PLANNING ACT INFORMATION
• Additional information is available at the Legislated Services
Department, 2nd Floor, City Hall, 200 King Street West, Kitchener 519-
741-2203 or by emailing CofA(a)kitchener.ca.
Copies of written submissions/public agencies' comments are available
the Friday afternoon prior to the meeting on the City of Kitchener
website www.kitchener.ca/meetings in the online Council and
Committee calendar; see the meeting date for more details.
Anyone having an interest in any of these applications may attend this
meeting.
Only the Applicant, Minister, specified person (as defined in Section 1 of
the Planning Act) or public body that has an interest in the matter has
the right to appeal of decisions of the Committee of Adjustment. These
parties must make written submissions to the Committee prior to the
Committee granting or refusing Provisional Consent otherwise, the
Ontario Land Tribunal (OLT) may dismiss the appeal.
Any personal information received in relation to this meeting is collected
under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13,
and will be used by the City of Kitchener to process Committee of
Adjustment applications. Questions about the collection of information
should be directed to Mariah Blake at mariah.blakeno kitchener.ca.
If you wish to be notified of a decision you must make a written request
to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200
King St. W., Kitchener ON, N2G 4G7.
The Notice of Hearing for this meeting was published in the Record on the 29th
day of December, 2023.
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
Page 4 of 117
Staff Report
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JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 16, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: December 22, 2023
REPORT NO.: DSD -2024-032
SUBJECT: Consent Application B2023-042 and
Minor Variance Applications A2023-135 and A2023-136
52 Edgehill Drive
Minor Variance Application A2023-135 (Retained Lot)
A. That Minor Variance Application A2023-135 for 52 Edgehill Drive (Retained Lot)
requesting relief from the following sections of Zoning By 2019-051:
i) Section 19, Site -Specific Provision (272) to permit a lot area of 1,741.0 square
metres instead of the minimum required 2,023 square metres; and
ii) Section 5.4 f) to permit a driveway width of 16.5 metres for an existing
driveway instead of the maximum permitted driveway width of 8.0 metres;
generally in accordance with the Sketch for Severance Application, prepared by
Guenther Rueb Surveying Limited, attached to Report DSD -2024-032, BE
APPROVED.
Minor Variance Application A2023-136 (Severed Lot)
B. That Minor Variance Application A2023-136 for 52 Edgehill Drive (Severed Lot)
requesting relief from Section 19, Site -Specific Provision (272) ,of Zoning By-law
2019-051 to permit a lot area of 1,253.6 square metres instead of the minimum
required 2,023 square metres, generally in accordance with the Sketch for
Severance Application, prepared by Guenther Rueb Surveying Limited, attached
to Report DSD -2024-032, BE APPROVED.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 5 of 117
Consent Application B2023-042
C. That Consent Application B2023-042 requesting consent to sever a parcel of land
having an approximate frontage on Edgehill Drive of 35.4 metres, a lot depth of
45.4 metres and a lot area of 1,253.6 square metres, generally in accordance with
the Sketch for Severance Application, prepared by Guenther Rueb Surveying
Limited, attached to Report DSD -2024-032, BE APPROVED subject to the
following conditions:
That Minor Variance Applications A2023-135 and A2023-136 receive final
approval.
2. That the Owner's solicitor shall provide draft transfer documents and
associated fees for the Certificate of Official to the satisfaction of the Secretary -
Treasurer and City Solicitor, if required.
3. That the Owner shall obtain a tax certificate from the City of Kitchener to
verify that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division.
4. That the owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
Agn (Microstation) format, as well as two full size paper copies of the
plan(s). The digital file needs to be submitted according to the City of
Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
5. That the owner shall remove the existing shed, or relocate it to the Retained Lot,
to the satisfaction of the City's Director of Development and Housing
Approvals.
6. That the owner shall remove any existing tile bed on the Severed Lot, to the
satisfaction of the Region of Waterloo and City's Building Division.
7. That at the sole option of the City's Director of Development and Housing
Approvals, the Owner shall enter into an agreement with the City of Kitchener,
to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and
the City's Director of Development and Housing Approvals, which shall include
the following:
a) That the owner shall prepare a Tree Preservation Plan for the Severed Lot
and Retained Lot, in accordance with the City's Tree Management Policy,
to be approved by the City's Director of Development and Housing
Approvals, 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.
Page 6 of 117
b) The owner further agrees to implement the approved plan. No changes to
the said plan shall be granted except with the prior approval of the City's
Director of Development and Housing Approvals.
8. That the owner shall:
a) complete a Building Code Assessment for the existing dwelling proposed to
be retained on the Retained Lot, prepared by a qualified person, to confirm
that the proposed property line and any of the building adjacent to this new
property line complies with the Ontario Building Code, to the satisfaction of
the City's Chief Building Official. The assessment shall address items such
as, but not limited to, spatial separation of existing buildings' wall face, and
shall include recommendations such as closing in of openings pending
spatial separation calculation results.
b) A Building Permit shall be obtained for any remedial work/ upgrades
required by the Building Code Assessment.
9. That the Owner shall provide a servicing plan showing outlets to the municipal
servicing system, to the satisfaction of the Director of Engineering Services.
10. That the Owner shall submit a Development Asset Drawing (digital AutoCAD)
for the site (servicing, SWM etc.) with corresponding layer names and asset
information, to the satisfaction of the City's Director of Engineering Services,
prior to deed endorsement.
11. That the Owner shall make financial arrangements for the installation of any
new service connections to the Severed Lot and the Retained Lot, to the
satisfaction of the City's Director of Engineering Services. This may involve the
extension of municipal services to the Severed Lot and the Retained Lot. It may
also include 'alternate sanitary servicing solutions', in accordance with City of
Kitchener Official Plan Section 14.C.1.19. a) and Regional Official Plan Section
2.18 to the satisfaction of the Region of Waterloo and any applicable Provincial
Agency/Body.
12. That any new driveways are to be built to City of Kitchener standards at the
Owner's expense prior to occupancy of the building to the satisfaction of the
City's Director of Engineering Services.
13. That the Owner shall provide confirmation that the basement elevation can be
drained by gravity to the street sewers, to the satisfaction of the City's Director
of Engineering Services. If this is not the case, then the owner will need to
pump the sewage via a pump and forcemain to the property line and have a
gravity sewer from the property line to the street, to the satisfaction of the City's
Director of Engineering Services.
14. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication of $11,862.00.
Page 7 of 117
15. That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
16. That prior to final approval, the owner/applicant enter into a development
agreement, registered on title, with the Region of Waterloo to include the
following noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements for the severed lands:
i) That all dwelling unit(s) on the severed lands be installed with an air -
ducted heating and ventilation system suitably sized and designed with
the provision for central air conditioning.
ii) "Purchasers/tenants are advised that despite the inclusion of noise
attenuation control features in the development and within the building
units, sound levels due to increasing road traffic on King Street East (RR
#8) may on occasions interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the Region
of Waterloo and the Ministry of the Environment Conservation & Parks
(MECP). "
iii) "This unit has been designed with the provision of adding a central air
conditioning system at the occupant's discretion. Installation of central
air conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound level
limits of the Region of Waterloo and the Ministry of the Environment,
Conservation & Parks (MECP)."
iv) "Purchasers/tenants are advised that the stationary noise levels from the
existing commercial land uses in the vicinity may also at times be
audible."
17. That prior to final approval, the owner/applicant enter into a development
agreement, registered on title, with the Region of Waterloo to include the
following noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements for the retained lands:
i) "Purchasers/tenants are advised that sound levels due to increasing road
traffic on King Street East (RR #8) may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MECP)."
ii) "Purchasers/tenants are advised that the stationary noise levels from the
existing commercial land uses in the vicinity may also at times be
audible."
Page 8 of 117
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of the proposed Consent
Application to permit the creation of a new lot, and to recommend approval of the
associated Minor Variance Applications, to recognize the dwelling on the Retained Lot
and to facilitate redevelopment of the Severed Lot with a future Detached Dwelling.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
Figure 1: Photo of existing dwelling on Retained Lot, taken from Edgehill Drive.
Page 9 of 117
Figure 2: Photo of existing driveway on Retained Lot, taken from Edgehill Drive.
BACKGROUND:
The subject property is located on the northeast side of Edgehill Drive in the Pioneer
Tower West Planning Community. The west side of the property is currently developed
with a Single Detached Dwelling that was constructed in approximately 2016. The east
side of the property is landscaped and does not contain any buildings.
The subject property is located at the intersection of Edgehill Drive and Helen Avenue, is
close to King Street East, and abuts commercial properties (to the north) that are zoned
Arterial Commercial (COM -3), including the Embassy Motel. Properties along Edgehill
Drive to the east, west and south are developed with Single Detached Dwellings of various
construction dates, architectural styles, and lot sizes and shapes. All dwellings along this
section of Edgehill Drive, including the Single Detached Dwelling on the subject property,
are not connected to municipal water and sanitary services, though they do have access
to municipal storm sewers. Rather, these properties are on private water and sanitary
services.
The subject property has approximately 89.4 metres of frontage on Edgehill Drive and is
approximately 2,994.6 square metres in area (0.74 acres). The subject property is
identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise
Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned
`Low Rise Residential One Zone (RES -1)' with Site Specific Provision (272) in Zoning By-
law 2019-051. It should be clarified that Site Specific Provision (272) applies to significant
portions of the Pioneer Tower West Planning Community.
Page 10 of 117
The applicant is requesting Consent to create a new lot by severing the existing lot into
two parcels. The Severed Lot would have an approximate frontage of 35.4 metres on
Edgehill Drive, a depth of 45.4 metres, and an area of 1,253.6 square metres (0.31 acres).
The Retained Lot would have an approximate frontage of 54.1 metres on Edgehill Drive, a
depth ranging between 17.4 metres and 48.2 metres, and an area of 1,741.0 square
metres.
The applicant proposes to retain the existing Single Detached Dwelling on the Retained
Lot and allow for the future construction of a Detached Dwelling on the Severed Lot. The
applicant is proposing to extend water services from the intersection of Limerick Drive /
Edgehill Drive to the Severed Lot (approximately 100 metres) and to provide private
sanitary services. The Retained Lot would continue on private water and private sanitary
services. Notwithstanding, per Policy 14.C.1.13 of the Official Plan, the applicant is
encouraged to instead connect the Retained Lot to the municipal water service which
would be extended to service the Severed Lot.
To facilitate the requested Consent, the applicant is requesting approval of a Minor
Variance Application for each resultant lot, as follows (the Severed and Retained lots
comply with zoning regulations, except for the following):
Minor Variance Application A2023-135 (Retained Lot):
a. Requesting a lot area of 1,741.0 square metres, whereas Site Specific Provision
(272) requires a minimum lot area of 2,023 square metres; and
b. Requesting a driveway width of 16.5 metres for an existing driveway, whereas
Section 5.4f) requires a maximum width of 8.0 metres.
2. Minor Variance Application A2023-136 (Severed Lot): Requesting a lot area of 1,253.6
square metres, whereas Site Specific Provision (272) requires a minimum lot area of
2,023 square metres.
It should be noted that the applicant's applications were originally heard at the November
21, 2023, Committee of Adjustment meeting and were deferred by the Committee to
provide time for the Region of Waterloo to have the Scoped Stage 2 Hydrogeological
Study for Septic System Servicing peer reviewed (this is a supporting study for the
Consent application). For reference, see Report DSD -2023-498.
Page 11 of 117
Figure 3: Subject Property (outlined in red).
REPORT:
Planning Comments regarding Minor Variance Applications A2023-135 (Retained
Lot) and A2023-136 (Severed Lot):
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 variances for lot area reduction meet the general intent of the Official Plan for the
following reasons. Despite Site Specific Provision (272), which requires a minimum lot
area of 2,023 square metres, there is no corresponding Site/Area Specific Policy Area in
the Official Plan.
Policy 15.D.3.8 of the Low Rise Residential land use designation policies states that, "The
Low Rise Residential land use designation will accommodate a full range of low density
housing types which may include single detached dwellings, additional dwelling units,
attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse
dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and
other forms of low-rise housing.
Policy 3.C.2.52 of the Community Areas Urban Structure policies states that,
Limited intensification may be permitted within Community Areas in accordance with the
applicable land use designation on Map 3 and the Urban Design Policies in Section 11.
The proposed development must be sensitive to and compatible with the character, form
and planned function of the surrounding context."
Planning staff is of the opinion that the proposed variances would facilitate development of
a Detached Dwelling on the Severed Lot that is compatible with the character, form, and
planned function of the surrounding context.
Page 12 of 117
The variance requesting an increase to the maximum driveway width for the Retained Lot
meets the general intent of the Official Plan for the following reasons. Policy 13.C.8.4. of
the Official Plan states, "All parking areas or facilities will be designed, constructed and
maintained:... f) to result in aesthetically acceptable parking areas which blend into the
general environment of the area."
In this regard, the existing driveway is constructed of textured concrete and has a border
of a different colour. The driveway curves from the road to the garage and is framed by
well-planned landscaping on both sides. This variance would meet the general intent of
the Official Plan.
General Intent of the Zoning By-law
Planning staff is satisfied that the variances for lot area reduction maintain the general
intent of the Zoning By-law for the following reasons.
The property is zoned `RES -1 with Site Specific Provision (272)' within By-law 2019-051.
Site Specific Provision (272) represents a direct carry-over of Special Regulation Provision
233R from By-law 85-1. This provision was originally established though the
comprehensive rezoning of Pioneer Tower West in 1996.
The provision requires a minimum lot area of 2,023 square metres, whereas the Severed
Lot has an area of 1,253.6 square metres and the Retained Lot has an area of 1,741.0
square metres. It should also be noted that this provision requires a minimum lot width of
30 metres and a minimum front yard setback and exterior side yard setback shall be 7.62
metres. In this case, the Severed Lot and Retained Lot comply with these latter
requirements.
Planning staff speculates that the purpose of this provision was likely to preserve a
perceived character within this portion of Pioneer Tower West and to ensure sufficient lot
area for the provision of private septic systems.
The RES -1 base zone was established with the purpose of accommodating limited
dwelling types in areas with an estate character and/or limited municipal services in low
rise areas. The RES -1 Zone requires a minimum lot area of 929 square metres and a
minimum lot area of 24.0 metres. This is zone accommodates the largest, low rise
residential "estate" lots in the city, many of which are on private services. Obviously, the
minimum lot and area requirements of the RES -1 Zone are sufficient to support estate
homes on private services. The Severed Lot and Retained Lot significantly exceed these
requirements.
Regarding the issue of character, despite Site Specific Provision (272), which requires a
minimum lot area of 2,023 square metres and a minimum lot width of 30 metres and which
applies broadly in this portion of the Pioneer Tower West Planning Community, there are
many lots in the immediate area that have a significantly smaller lot areas and lot widths.
In fact, there are numerous properties located less than 200 metres from the subject
property that have lot areas and lot frontages (lot frontage is similar to, but not the same
as, lot width) that are less than the Severed Lot, which has a lot area of 1,253.6 square
metres and an approximate frontage of 35.4 metres, for example:
Page 13 of 117
Table 1: Properties in the immediate area that have lot areas and frontages that are
less than the Severed and Retained lots.
o
1 r p
,h ryfLEN PVE ..
Figure 4: Plan showing the Severed Lot (red), Retained Lot , and existing lots
in the immediate area that have smaller lot areas and lot frontages than the Severed
Lot
It should also be noted that several additional lots within in the immediate area have lot
areas and lot widths that are greater than the above examples but are less than the
Retained Lot (1,741.0 square metres and 54.1 metres, respectively).
The variance requesting an increase to the maximum driveway width for the Retained Lot
meets the general intent of the Official Plan for the following reasons. Based on a review
of historical aerial photography, it appears that the existing driveway has maintained its
approximate dimensions and shape for at least 23 years, possibly longer. The existing
driveway pre-exists many of the dwellings in the area. Also, the curvature of the driveway,
high quality driveway materials / textures / colours, driveway bordering, and well-designed
adjacent landscaping assist in softening view of the driveway from the public realm.
Page 14 of 117
Approximate Lot Area
(square metres)
Approximate
Frontage (metres)
19 Edgehill Drive
1,043.9
22.8
25 Edgehill Drive
1,044.0
22.8
122 Edgehill Drive
1,208.5
30.4
20 Stanson Close
1,140.0
29.7 (cord)
5 Edgehill Drive
1,136.3
24.3
7 Limerick Drive
1,041.6
22.8
31 Limerick Drive
1,083.2
22.8
35 Limerick Drive
1,208.9
22.8
8 Helen Avenue
1,082.0
22.8
Table 1: Properties in the immediate area that have lot areas and frontages that are
less than the Severed and Retained lots.
o
1 r p
,h ryfLEN PVE ..
Figure 4: Plan showing the Severed Lot (red), Retained Lot , and existing lots
in the immediate area that have smaller lot areas and lot frontages than the Severed
Lot
It should also be noted that several additional lots within in the immediate area have lot
areas and lot widths that are greater than the above examples but are less than the
Retained Lot (1,741.0 square metres and 54.1 metres, respectively).
The variance requesting an increase to the maximum driveway width for the Retained Lot
meets the general intent of the Official Plan for the following reasons. Based on a review
of historical aerial photography, it appears that the existing driveway has maintained its
approximate dimensions and shape for at least 23 years, possibly longer. The existing
driveway pre-exists many of the dwellings in the area. Also, the curvature of the driveway,
high quality driveway materials / textures / colours, driveway bordering, and well-designed
adjacent landscaping assist in softening view of the driveway from the public realm.
Page 14 of 117
Are the Effects of the Variances Minor?
Planning staff is of the opinion that the variances for lot area reduction are minor in that
they are not anticipated to cause unacceptably adverse impacts on adjacent properties.
The proposed Severed and Retained lots have a greater lot area and lot width than many
of the lots in the immediate area that are fully on private services. The proposed lots have
a character that is consistent with the neighbourhood.
The variance requesting an increase to the maximum driveway width for the Retained Lot
is minor. The driveway has existed for many years without issue. Also, the driveway does
not negatively impact the streetscape.
Are the Variances Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
Planning staff is of the opinion that all requested variances are desirable for the
appropriate development of the lands. The variances would facilitate gentle intensification
on Edgehill Drive, while maintaining the character of the neighbourhood. The variances
will also facilitate the extension of municipal water services along Edgehill Drive, which will
provide the opportunity for other dwellings to connect to this service.
Planning Comments regarding Consent Application B2023-042:
In considering the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
Planning staff is of the opinion that the requested consent will facilitate gentle
intensification of the subject property with the creation of a new lot and will facilitate the
extension of municipal water services to an area of the city that currently does not have
this service, thereby potentially benefitting other existing properties along the route of the
service extension. 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.
Page 15 of 117
The subject lands are located within the City's Built -Up Area, as noted on Map 1 — City
Urban Area and Countryside of the Official Plan. The proposed development represents
gentle intensification and will contribute towards achieving the City's intensification goals
for the Built -Up Area. The severance application will help make efficient use of existing
roads, parks, and nearby transit (including the nearby Npress route). Planning staff is of
the opinion that the development proposal conforms to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be
within the Urban Area. The subject lands are designated Built -Up Area in the ROP.
Regional policies require Area Municipalities to plan for a range of housing in terms of
form, tenure, density and affordability to satisfy the various physical, social, economic and
personal support needs of current and future residents. The Region has indicated that they
have no objections to the proposed consent, subject to the conditions outlined in the
Recommendation section of this report (e.g., noise mitigation and warning clauses and
consent review fee). Planning staff is of the opinion that the consent application conforms
to the Regional Official Plan.
Regarding servicing, Policy 2.J.8 of the Regional Official Plan permits residential infill
development on individual on-site water and individual on-site sewage services, subject to
the following:
a) it is demonstrated to the satisfaction of the Region that the extension of servicing
from a municipal water and/or wastewater system is not feasible;
b) the site is not located within Wellhead Sensitivity Area 1, a High Microbial Risk
Management Zone, or a Surface Water Intake Protection Zone 1 described in
Chapter 8;
c) studies prepared in accordance with the Regional Implementation Guidelines for
Source Water Protection Studies and accepted by the Region, demonstrate that
such services can operate satisfactorily on the site and will not have a negative
impact on groundwater resources;
d) it is demonstrated to the satisfaction of the area municipality's Chief Building Official
that the site conditions are suitable for the long-term provision of such services with
have no adverse effects; and
e) the development application complies with Policies 5.13.8 and 5.C.6 as applicable.
The owner/applicant submitted to the Region a Scoped Hydrogeological Study authored
by Englobe in support of the proposed application. Regional Staff advise that they have
completed a peer review of the study (September 2023) and subsequent revision
(December 2023). The Region's peer review consultant provided sign off on the Scoped
Hydrogeological Study on December 20, 2023. Regional staff confirm the study is
satisfactory in accordance with the policies of the Regional Official Plan (ROP).
Regional staff notes that the property does not currently have municipal water or sanitary
services. The Region understands that it is not feasible for the City, or the owner/applicant
at their expense, to extend municipal sanitary services to the proposed retained or
severed lot. The subject application proposes private services within the Urban Area.
Page 16 of 117
City's Official Plan (2014)
There are many Official Plan policies that apply to the subject proposal. The subject
property is identified as `Community Areas' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The
Community Areas section of the Official Plan contains the following policy:
3.C.2.52. Limited intensification may be permitted within Community Areas in
accordance with the applicable land use designation on Map 3 and the
Urban Design Policies in Section 11. The proposed development must be
sensitive to and compatible with the character, form and planned function of
the surrounding context.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies). These
policies state the following:
17.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
properties.
Section 4 of the Official Plan outlines the City's Housing policies. Several Housing policies
are applicable to the proposal, such as:
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested,
proposed or required to facilitate residential intensification or a
redevelopment of lands, the overall impact of the special zoning regulation(s)
Page 17 of 117
or minor variance(s) will be reviewed, but not limited to the following to
ensure, that:
a) Any new buildings and any additions and/or modifications to existing
buildings are appropriate in massing and scale and are compatible with
the built form and the community character of the established
neighbourhood...
4.C.1.9. Residential intensification and/or redevelopment within existing
neighbourhoods will be designed to respect existing character. A high
degree of sensitivity to surrounding context is important in considering
compatibility.
Moreover, Section 15.D.3 of the Official Plan outlines the City's Residential policies.
Several Low Rise Residential policies are applicable to the proposal, such as:
15.D.3.8. The Low Rise Residential land use designation will accommodate a full
range of low density housing types which may include single detached
dwellings, additional dwelling units, attached and detached, semi-detached
dwellings, street townhouse dwellings, townhouse dwellings in a cluster
development, low-rise multiple dwellings, special needs housing, and other
forms of low-rise housing.
15.D.3.9. The City will encourage and support the mixing and integrating of innovative
and different forms of housing to achieve and maintain a low-rise built form.
Regarding servicing, the City Official Plan contains many applicable policies, for example
(emphasis added):
17.E.20.5. Applications for consent to create new lots will only be granted where:... e)
municipal water services are available; f) municipal sanitary services are
available except in accordance with Policy 14. C.1.19;
14.C.1.19. Unless otherwise provided for in this Plan, all development, including lot
creation, will be on full municipal sanitary services, with the exception of the
following: a) Development will be permitted on individual on-site sewage
services when associated with severances and existing lots in agricultural
areas and infilling situations in existing unserviced developed areas where
other forms of servicing are not feasible, provided it can be demonstrated to
the satisfaction of the Province or the Region that the individual on-site
sewage services will not result in an unacceptable level of environmental
impact.
14.C.1.15. Unless otherwise provided for in this Plan, all development, including lot
creation, will be on municipal water services.
With respect to the Official Plan, Planning staff is of the opinion that the Severed and
Retained lots reflect the general scale and character of the established development
pattern of surrounding lands as noted above (see Table 1 and Figure 4, above). There are
Page 18 of 117
many lots in the immediate area that have lot widths and lot frontages that are
considerably less than the Severed and Retained lots. The proposal represents
development that is sensitive to and compatible with the character, form and planned
function of the surrounding context. Also, the Severed Lot is sized such that a Detached
Dwelling could be constructed in the future that is of a similar character, scale and
massing to existing dwellings in the immediate area.
In addition, supportable variances have been provided to remedy minor zoning
deficiencies. The proposed lots have frontage on an established public street and
municipal water services will be made available, via conditions, to the Severed Lot. Per
Policy 14.C.1.19, municipal sanitary services are not required in this situation, since the
proposal represents an infilling situation and the subject lands are within an existing
underserviced area where municipal sewers are not feasible and the Region has advised
that a private septic system is acceptable.
Zoning By-law 2019-051
As aforementioned, the subject property is zoned `Low Rise Residential One Zone (RES -
1)' with Site Specific Provision (272) in Zoning By-law 2019-051. Variances have been
requested for both the Retained Lot (A2023-135) and the Severed Lot (A2023-136). See
above Minor Variance comments for more details.
Supporting Materials
To support the applications, the applicant has submitted the following plans / studies /
reports:
• Arborist Report, prepared by Pinnacle Tree & Shrub Care, dated April 20, 2023;
• Scoped Stage 2 Hydrogeological Study for Septic System Servicing, prepared by
Englobe Corp., dated September 25, 2023;
• Revision 1 of the Scoped Stage 2 Hydrogeological Study and Comment Disposition
Table, dated December 14, 2023;
• Planning Justification Letter (author and date not provided); and
• Sketch for Severance Application, prepared by Guenther Rueb Surveying Ltd.
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 Severed and Retained lots are
desirable and appropriate. The lots reflect the general scale and character of the
established development pattern of surrounding lands and Minor Variances have been
requested to resolve minor zoning deficiencies. Servicing to the Severed Lot will be
undertaken in accordance with the Official Plan. The Severed and Retained lots have
frontage on an established public street. Planning staff is further of the opinion that the
proposal is consistent with the Provincial Policy Statement, and the Region of Waterloo
Official Plan, conforms to the Growth Plan for the Greater Golden Horseshoe, and
represents good planning.
Page 19 of 117
Environmental Planning Comments:
Consent Application 82023-042:
Standard condition for consent to enter into an agreement to complete a Tree
Preservation/Enhancement Plan prior to Demo/Building Permit /grading/servicing etc. on
BOTH severed AND retained parcels.
Minor Variance Application A2023-135 (Retained Lot):
Environmental Planning has no comments.
Minor Variance Application A2023-136 (Severed Lot):
Environmental Planning has no comments.
Heritage Planning Comments:
Heritage Planning has no concerns regarding any of the subject applications.
Building Division Comments:
Consent Application B2023-042.-
The
2023-042:The Building Division has no objections to the proposed consent provided:
1. A qualified designer is retained to complete a building code assessment as it relates to
the new proposed property line and any of the building adjacent to this new property line
shall addresses such items as spatial separation of existing buildings' wall face to the
satisfaction of the Chief Building Official. Closing in of openings may be required,
pending spatial separation calculation results.
2. A building permit shall be obtained for any remedial work/ upgrades that may be required
by the building code assessment.
Minor Variance Application A2023-135 (Retained Lot):
The Building Division has no objections to the proposed variances.
Minor Variance Application A2023-136 (Severed Lot):
The Building Division has no objections to the proposed variance provided building permit for
the new residential dwelling. Please contact the Building Division at build ing(a)kitchener.ca
with any questions.
Engineering Division Comments:
Consent Application B2023-042.-
Severance
2023-042:
Severance of any blocks within the subject lands will require a municipal water
connection and an acceptable sanitary and storm outlet, in accordance with Region
of Waterloo and City of Kitchener approved policies (see applicable references
below). Our records indicate only municipal storm infrastructure is currently
available to service this property. The owner is required to make satisfactory
financial arrangements with the Engineering Division for the installation of new
Page 20 of 117
service connections that may be required to service this property, all prior to
severance approval.
Reference - City of Kitchener Official Plan approved by the Region of Waterloo,
November 19, 2014
Section 17.E.20.5. Applications for consent to create new lots will only be granted
where.-
e)
here:
e) municipal water services are available;
f) municipal sanitary services are available except in
accordance with Policy 14. C.1.19;
Section 14.C.1.15. Unless otherwise provided for in this Plan, all development,
including lot creation, will be on municipal water services.
Section 14. C. 1.19. Unless otherwise provided for in this Plan, all development,
including lot creation, will be on full municipal sanitary services,
with the exception of the following.-
a)
ollowing:
a) Development will be permitted on individual on-site sewage
services when associated with severances and existing lots in
agricultural areas and infilling situations in existing unserviced
developed areas where other forms of servicing are not
feasible, provided it can be demonstrated to the satisfaction of
the Province or the Region that the individual on-site sewage
services will not result in an unacceptable level of
environmental impact.
Reference - Region of Waterloo, Regional Official Plan August 18, 2022
Section 2.J.8. Notwithstanding any policies of this Plan, development
applications proposing residential infill development may be
permitted on partial services, individual on-site water services,
and/or individual on-site sewage services, subject to the
following.-
(a)
ollowing:
(a) it is demonstrated to the satisfaction of the Region that the
extension of servicing from a municipal water and/or
wastewater system is not feasible,-
(b)
easible,
(b) the site is not located within Wellhead Sensitivity Area 1, a
High Microbial Risk Management Zone, or a Surface Water
Intake Protection Zone 1 described in Chapter 8,-
(c)
,
(c) studies prepared in accordance with the Regional
Implementation Guidelines for Source Water Protection Studies
and accepted by the Region, demonstrate that such services
can operate satisfactorily on the site and will not have a
negative impact on groundwater resources,
Page 21 of 117
(d) it is demonstrated to the satisfaction of the area
municipality's Chief Building Official that the site conditions are
suitable for the long-term provision of such services with have
no adverse effects, and
(e) the development application complies with Policies 5.B.8
and 5. C.6 as applicable.
• As municipal sanitary infrastructure is not currently available to the property, the
owner would be required to design to current City of Kitchener standards, and make
satisfactory financial arrangements for, the installation of an extension to the
municipal sanitary sewer, including obtaining the necessary Environmental
Compliance Approval, to the satisfaction of the Engineering Division, all prior to
severance approval. Any further enquiries in this regard should be directed to
Christine Goulet (christine.goulet(a�kitchener.ca). Alternate sanitary servicing
solutions, in accordance with City of Kitchener Official Plan Section 14. C. 1.19. a)
and Regional Official Plan Section 2.J.8. would be considered acceptable. For
alternate solutions, proof of Regional/Provincial satisfaction would be required prior
to severance approval.
• As municipal water infrastructure is not currently available to the property, the
owner would be required to design to current City of Kitchener standards, and make
satisfactory financial arrangements for, the installation of an extension to the
municipal watermain, to service the severed property, including obtaining a Form 1,
to the satisfaction of the Engineering Division, all prior to severance approval. Any
further enquiries in this regard should be directed to Christine Goulet
(christine.goulet(a�kitchener.ca).
• Any new driveways are to be built to City of Kitchener standards. All works are at
the owner's expense and all work needs to be completed prior to occupancy of the
building.
• A servicing plan showing outlets to the municipal servicing system will be required
to the satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new
municipal/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.
Minor Variance Application A2023-135 (Retained Lot):
Engineering Services has no comments.
Minor Variance Application A2023-136 (Severed Lot):
Engineering Services has no comments.
Page 22 of 117
Parks & Cemeteries / Operations Division Comments:
Consent Application 82023-042:
Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new
development lot will be created. The cash -in -lieu dedication required is $11,862. Park
Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontage and at a land value of $36,080 per frontage meter with a
per unit cap of $11,862.
The submitted Tree Management Plan appears to locate the existing trees primarily within
the proposed lot's property limits rather than within the municipal right of way. Parks and
Cemeteries required no further submissions, documentation or compensation regarding
existing trees.
Minor Variance Application A2023-135 (Retained Lot):
Parks & Cemeteries has no concerns and no comments.
Minor Variance Application A2023-136 (Severed Lot):
Parks & Cemeteries has no concerns and no comments.
Transportation Planning Comments:
All applications: Transportation Services does not have any concerns with the proposed
application.
Region of Waterloo Comments:
Consent Application 82023-042:
The applicant is proposing to sever a new residential lot with frontage on Edgehill Drive.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior
to final approval of the consent.
Environmental Noise.-
Regional
oise:
Regional staff note that the proposed severed and retained lots are in close proximity
(approximately 95 metres) to King Street East (Regional Road No. 8). Although there are
some existing intervening land uses between the proposed dwellings and the
transportation noise sources, the proposed dwellings on the retained and severed lots will
likely have impacts from transportation and stationary noise sources. It is the responsibility
of the applicant to ensure the proposed development is not adversely affected by
anticipated transportation (traffic) and stationary (commercial) noise impacts. ROP Policy
2.G.13 indicates that a noise study may be required for a development application for a
sensitive land use submitted in the vicinity of an Existing or Planned Regional Road,
Provincial Highway, the rapid transit system, transit terminals, railways or Area Municipal
roads.
Page 23 of 117
In lieu of requiring a detailed transportation and stationary noise study, and because the
primary transportation noise source is a Regional Road, Regional staff require as a
condition of the consent that the owner/applicant of the units on all (retained and severed)
lots will be required to enter into a registered agreement with the Region of Waterloo to
include noise mitigation and warning clauses in all Offers of Purchase and Sale,
lease/rental agreements.
For the severed lot, the owner is to agree that all dwelling unit(s) must be installed with an
air -ducted heating and ventilation system suitably sized and designed with the provision of
adding central air conditioning prior to occupancy. In addition, the following noise warning
clauses will be included in all offers of purchase and sale, deeds and lease/rental
agreements:
a) "Purchasers/tenants are advised that despite the inclusion of noise attenuation control
features in the development and within the building units, sound levels due to
increasing road traffic on King Street East (RR #8) may on occasions interfere with
some activities of the dwelling occupants as the sound levels exceed the sound level
limits of the Region of Waterloo and the Ministry of the Environment Conservation &
Parks (MECP)."
b) "This unit has been designed with the provision of adding a central air conditioning
system at the occupant's discretion. Installation of central air conditioning by the
occupant in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the Environment,
Conservation & Parks (MECP)."
c) "Purchasers/tenants are advised that the stationary noise levels from the existing
commercial land uses in the vicinity may also at times be audible."
For the retained lot, the following noise warning clauses will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
a) "Purchasers/tenants are advised that sound levels due to increasing road traffic on
King Street East (RR #8) may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the Region of
Waterloo and the Ministry of the Environment Conservation & Parks (MECP)."
b) "Purchasers/tenants are advised that the stationary noise levels from the existing
commercial land uses in the vicinity may also at times be audible."
Water and Wastewater Services.-
Regional
ervices:Regional Staff note that the property does not currently have municipal water or sanitary
services. City Staff have previously indicated that it is not feasible for the City, or the
owner/applicant at their expense, to extend municipal sanitary services to the proposed
retained or severed lot. The subject application proposes private services within the urban
area.
Page 24 of 117
Policy 2.J.8 of the Regional Official Plan permits residential infill development on individual
on-site water and individual on-site sewage services, subject to the following:
a) it is demonstrated to the satisfaction of the Region that the extension of servicing from
a municipal water and/or wastewater system is not feasible;
b) the site is not located within Wellhead Sensitivity Area 1, a High Microbial Risk
Management Zone, or a Surface Water Intake Protection Zone 1 described in Chapter
8-
C) studies prepared in accordance with the Regional Implementation Guidelines for
Source Water Protection Studies and accepted by the Region, demonstrate that such
services can operate satisfactorily on the site and will not have a negative impact on
groundwater resources;
d) it is demonstrated to the satisfaction of the area municipality's Chief Building Official
that the site conditions are suitable for the long-term provision of such services with
have no adverse effects; and
e) the development application complies with Policies 5.13.8 and 5.C.6 as applicable.
The owner/applicant submitted a Scoped Hydrogeological Study authored by Englobe it
support of the proposed application. Regional Staff have completed a peer review of the
study (September 2023) and subsequent revision (December 2023). The Region's peer
review consultant provided sign off on the Scoped Hydrogeological Study on December
20, 2023. The peer review comments are attached.
Regional Staff confirm the study is satisfactory in accordance with the policies of the
Regional Official Plan (ROP). Regional Staff have no further concerns on this item.
Well and Septic Decommissioning.-
Regional
ecommissioning:Regional Staff note that should municipal water and/or septic services be provided and
connected to the proposed severed and retained lots, any private well and/or septic
system on the proposed retained lands will have to be decommissioned in accordance
with Regulation 903 of the Ontario Water Resources Act, Ontario Building Code and all
other applicable regulation.
The Region has no objection to the proposed application, subject to the following
conditions:
A. That prior to final approval, the owner/applicant submit the Regional consent review
fee of $350.00.
B. That prior to final approval, the owner/applicant enter into a development agreement,
registered on title, with the Region of Waterloo to include the following noise mitigation
and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for
the severed lands:
i) That all dwelling unit(s) on the severed lands be installed with an air -ducted
heating and ventilation system suitably sized and designed with the provision for
central air conditioning.
Page 25 of 117
ii) "Purchasers/tenants are advised that despite the inclusion of noise attenuation
control features in the development and within the building units, sound levels
due to increasing road traffic on King Street East (RR #8) may on occasions
interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MECP)."
iii) "This unit has been designed with the provision of adding a central air
conditioning system at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo and the
Ministry of the Environment, Conservation & Parks (MECP)."
iv) "Purchasers/tenants are advised that the stationary noise levels from the existing
commercial land uses in the vicinity may also at times be audible."
C. That prior to final approval, the owner/applicant enter into a development agreement,
registered on title, with the Region of Waterloo to include the following noise mitigation
and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for
the retained lands:
i) "Purchasers/tenants are advised that sound levels due to increasing road traffic
on King Street East (RR #8) may on occasions interfere with some activities of
the dwelling occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment Conservation & Parks
(MECP). "
ii) "Purchasers/tenants are advised that the stationary noise levels from the existing
commercial land uses in the vicinity may also at times be audible."
Page 26 of 117
455 Phillip Street, Unit 10 OA
Waterloo, Ontario H2L 3X2
Canada
www.ghd.com
Our ref: 12602656 -LTR -4
28 November 2023
Mr, Matthew Colley, MC'IP, RPP
Senior Planner
Planning, Development and Legislative Services
Regional Municipality of Waterloo
7511) Frederick St.
Kitchener, ON N2G 4J3
rGH
Peer Review- 52 Edgehill Drive. Kitchener, Hyd rog eol ogi cal Study (Englobe Ref No.; 022100643.000)
Dear ML Colley,
1. Introduction
GHD Limited (GHD) has prepared this letter to summarize our peer review of the Hydrogedogical Study (the
Study) to support severance of a lot located at 52 Edgehill Drive, in Kitchener, Ontario (Site)_ The Study was
completed by Englobe Corp. (Englobe) For ML James Mellish and is dated September 25, 2023 (Englobe Ref
No_ 00220641000).
As requested, GHD has prepared this letter to provide the Regional Municipality of Waterloo (Region) with an
opinion concerning the adequacy of the Study in relation to the Region's HydrngeologicalAssessnent
Guidelines for Privafely-Serurced Developments - Scoped Stage 2 Studies - Revised November 25, 2020
(Region's Guideline)_ The letter also provides an opinion of the suitability of the interpretations and conclusions
provided within the Study -
2. Opinion of Adequacy
Based on the description included in Section 2 (Methodology), Englobes scope of work. in cuded advancing
three test 05r collecting soil samples for laboratory analysis of grain size, completing an in-situ percolation test
and collecting one groundwater sample from a previously installed well.
In general, the Study provides relevant details and discussion to support the severance; however, GHD notes
the following deficiencies when comparing the Study to the Region's Guideline_
a_ The Study does not comment on the reason wiry a private septic service is the only practical option.
b_ The Study does not comment on the Site's proximity to G U D I yells or positioning relative to the 10 -year
travel time to Municipal supply wells_ The Site does not appear to tie within either; however, the Study
should be updated to ecplicidy state this.
-+ The Power of Commitment
GHD
Page 27 of 117
G. Section 3.5 states that 'Englobe collected a groundwater sample from the existing on -Site on 29'", 2423."
It is assu rimed that this sentence is missing reference to the well where the sample was collected, and the
month of collection. In Section 2, Methodology, the Study states that the scope of work i ncl uded 'col lecti ng
one groundwater sample from a previously installed monitoring well.' Section 2.5 states that a sample of
untreated well water was collected from a faucet within the basement of the residential d Nelling_ Based on
this conflicting information it is not clear where the groundwater sample was obtained from_ This detail
should be clarified. If the on -Site potable water supply well was used to determine background nitrate and
nitrite concentrations, then the suitability of these results is questionable considering the proposed private
septic system is presumed to be discharging to a shallow water table flow zone within the overburden.
d. Section 2.5 does not include awater well record number or description of the residential supply wells GHI7
agrees that the local supply aquifer is within bedrock; however, this section would benefit by including a
description of the well sampled_
e. The Study notes that groundwater was Trot encountered in the test pits excavated, however the Test Pit
Stratigraphy Log for TP2-23 indicates "saturated at the bottom'. This rate suggests groundwater was
encountered at 3.0 metres below ground surface (m6GS) at TP2-23_ This observation is relevent to the
Study as the Region's Guideline specifies `determination of shallow on-site groundwater levels and
groundwater flow direction'. It is unlikely that the Study could determine shalkxw groundwater flow direction
without additional investigation. Notwithstanding, it is likely that the shallow groundwater flow is directed
towards the Grand fiver.
f_ Though not explicitly required by the Region's Guideline, a map illustrating the locations of private water
supply wells identified in Table 3-.1 and in the private well survey attachments would support the statement
th at the wel Is are located i n close proximity to the Site_
g. The Study does not include an analysis of nitrate impacts on the shallow groundwater due to the proposed
on -Site sewage system_
3. Opinion of Suitability
G H D generally concurs with Englobe's discussion of the geology and hydrogeologic setting of the Site;
however, an assessment of potential nitrate impacts resulting from the proposed on -Site septic system in
accordance with Condition 3 of the MOEE Procedure D-5-4 technical guideline for fr h6dusi On -Site Sewage
Systems: Water Quality Impact Risk Assessment should be included. The presence of a substantial thickness
of fine-grained soils between the receiving groundwater and the deeper aquifer used for private water supply
may be sufficient evidence of hydra ulic isolation of sewage effluent from water supplies. ff deemed sufficient,
this should be explicitly described in the Study in accordance with Procedure D-5-4.
The use of a groundwater sample from the deeper flow zone in which the private water supply well is
completed is not suitable for characterizing background nitrate concentrations in the receiving groundwater.
Depending on the results of the Procedure D-54 assessment, characterization of the background shallow
groundwater quality may be appropriate.
Notwithstanding the above, the shallow soils and hydrogeologic setting at the Site are not inherently unsuitable
for the proposed private on -Site septic system.
4. Conclusion
As documented above, there are deficiencies in the scope of the Study as it relates to the Region's Guideline.
Notwithstanding, there is substantial physical evidence that the Site is likely suitable for servicing with an
appropriately designed private sewage disposal system -
120(12656 -LTR -4 I Peer Review -52 Edgehill D ije, Khcher€,, Hydrogeologic3 SNdy ;;Englobe Ref Na.: 3.000)
Page 28 of 117
Should you have any questions on the above, please do not hesitate to contact us_
Yours truly
jr
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December 5,2023
LAN !A IS ;m UL EMPEL
TI `e TIS''��M'}]]� RIEM13ER
'De�embe.�51t023 '
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Allan Molenhuis, P.Geo. Ben Kempe , . o.
Protect ManagerHydrogeologist Project DirectoOSenior Hydrogeolog ist
519-340-3872 +1 519 34Ls3119
Allen. Molenhui& ghd.corn Ben.Kempel@ghd.com
BKJkfi4
12602d5<R-4 I Peer Review -52 Edgehill Drue, Kkhenvr., Hydragedogical Sbady (Englobe Ref Nn- 0220OM3_o00)
Page 29 of 117
Minor Variance Application A2023-135 (Retained Lot):
The Region has no concerns.
Minor Variance Application A2023-136 (Severed Lot):
The Region has no concerns.
Grand River Conservation Authority Comments:
No objections to any of the subject applications.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 2019-051
• Report DSD -2023-498
ATTACHMENTS:
Attachment A - Sketch for Severance Application, prepared by Guenther Rueb Surveying
Ltd.
Page 30 of 117
SKETCH FOR SEVERANCE APPLICATION
OF NO. 52 EDGEHILL DRIVE
CITY OF KITCHENER
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JOB N0, LOT Sa B. e. F. C. ya6;. `� a`2�° A PLAN OF SURVEY
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GUENTHER RUES SURVEYING LIMI'
NITCHENER, ONTARIO
Page 31 of 117
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 44 Canada
Telephone: 519-575-4400
TTY: -519.575-4608
Fax: 519-575-4466
www. reg ionofwaterl oo.ca
Matthew Colley
519-577-6241
D20-20/23 KIT
December 20, 2023
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4137
Re: Revised Comments for Consent Application
B2023-042
52 Edgehill Drive
James & Beverly Mellish
CITY OF KITCHENER
The applicant is proposing to sever a new residential lot with frontage on Edgehill Drive.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Noise:
Regional staff note that the proposed severed and retained lots are in close proximity
(approximately 95 metres) to King Street East (Regional Road No. 8). Although there
are some existing intervening land uses between the proposed dwellings and the
transportation noise sources, the proposed dwellings on the retained and severed lots
will likely have impacts from transportation and stationary noise sources. It is the
responsibility of the applicant to ensure the proposed development is not adversely
affected by anticipated transportation (traffic) and stationary (commercial) noise
impacts. ROP Policy 2.G.13 indicates that a noise study may be required for a
development application for a sensitive land use submitted in the vicinity of an Existing
or Planned Regional Road, Provincial Highway, the rapid transit system, transit
terminals, railways or Area Municipal roads.
In lieu of requiring a detailed transportation and stationary noise study, and because the
primary transportation noise source is a Regional Road, Regional staff require as a
condition of the consent that the owner/applicant of the units on all (retained and
severed) lots will be required to enter into a registered agreement with the Region of
Document Number: 4489825
Page 32 of 117
Waterloo to include noise mitigation and warning clauses in all Offers of Purchase and
Sale, lease/rental agreements.
For the severed lot, the owner is to agree that all dwelling unit(s) must be installed with
an air -ducted heating and ventilation system suitably sized and designed with the
provision of adding central air conditioning prior to occupancy. In addition, the following
noise warning clauses will be included in all offers of purchase and sale, deeds and
lease/rental agreements:
a) "Purchasers/tenants are advised that despite the inclusion of noise attenuation
control features in the development and within the building units, sound levels
due to increasing road traffic on King Street East (RR #8) may on occasions
interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Region of Waterloo and the Ministry of the
Environment Conservation & Parks (MECP)."
b) "This unit has been designed with the provision of adding a central air
conditioning system at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo and the
Ministry of the Environment, Conservation & Parks (MECP)."
c) "Purchasers/tenants are advised that the stationary noise levels from the existing
commercial land uses in the vicinity may also at times be audible."
For the retained lot, the following noise warning clauses will be included in all offers of
purchase and sale, deeds and lease/rental agreements:
a) "Purchasers/tenants are advised that sound levels due to increasing road traffic
on King Street East (RR #8) may on occasions interfere with some activities of
the dwelling occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment Conservation & Parks
(MECP). "
b) "Purchasers/tenants are advised that the stationary noise levels from the existing
commercial land uses in the vicinity may also at times be audible."
Water and Wastewater Services:
Regional Staff note that the property does not currently have municipal water or sanitary
services. City Staff have previously indicated that it is not feasible for the City, or the
owner/applicant at their expense, to extend municipal sanitary services to the proposed
retained or severed lot. The subject application proposes private services within the
urban area.
Policy 2.J.8 of the Regional Official Plan permits residential infill development on
individual on-site water and individual on-site sewage services, subject to the following:
Document Number: 4489825
Page 33 of 117
a) it is demonstrated to the satisfaction of the Region that the extension of servicing
from a municipal water and/or wastewater system is not feasible;
b) the site is not located within Wellhead Sensitivity Area 1, a High Microbial Risk
Management Zone, or a Surface Water Intake Protection Zone 1 described in
Chapter 8;
c) studies prepared in accordance with the Regional Implementation Guidelines for
Source Water Protection Studies and accepted by the Region, demonstrate that
such services can operate satisfactorily on the site and will not have a negative
impact on groundwater resources;
d) it is demonstrated to the satisfaction of the area municipality's Chief Building
Official that the site conditions are suitable for the long-term provision of such
services with have no adverse effects; and
e) the development application complies with Policies 5.13.8 and 5.C.6 as applicable
The owner/applicant submitted a Scoped Hydrogeological Study authored by Englobe in
support of the proposed application. Regional Staff have completed a peer review of the
study (September 2023) and subsequent revision (December 2023). The Region's peer
review consultant provided sign off on the Scoped Hydrogeological Study on December
20, 2023. The peer review comments are attached.
Regional Staff confirm the study is satisfactory in accordance with the policies of the
Regional Official Plan (ROP). Regional Staff have no further concerns on this item.
Well and Septic Decommissioning:
Regional Staff note that should municipal water and/or septic services be provided and
connected to the proposed severed and retained lots, any private well and/or septic
system on the proposed retained lands will have to be decommissioned in accordance
with Regulation 903 of the Ontario Water Resources Act, Ontario Building Code and all
other applicable regulation.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant enter into a development
agreement, registered on title, with the Region of Waterloo to include the
following noise mitigation and warning clauses in all Offers of Purchase and Sale,
lease/rental agreements for the severed lands:
a) That all dwelling unit(s) on the severed lands be installed with an air -ducted
heating and ventilation system suitably sized and designed with the provision
for central air conditioning.
Document Number: 4489825
Page 34 of 117
b) "Purchasers/tenants are advised that despite the inclusion of noise
attenuation control features in the development and within the building units,
sound levels due to increasing road traffic on King Street East (RR #8) may
on occasions interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Region of Waterloo and the
Ministry of the Environment Conservation & Parks (MECP)."
c) "This unit has been designed with the provision of adding a central air
conditioning system at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that the
indoor sound levels are within the sound level limits of the Region of Waterloo
and the Ministry of the Environment, Conservation & Parks (MECP)."
d) "Purchasers/tenants are advised that the stationary noise levels from the
existing commercial land uses in the vicinity may also at times be audible."
3) That prior to final approval, the owner/applicant enter into a development
agreement, registered on title, with the Region of Waterloo to include the
following noise mitigation and warning clauses in all Offers of Purchase and Sale,
lease/rental agreements for the retained lands:
a) "Purchasers/tenants are advised that sound levels due to increasing road
traffic on King Street East (RR #8) may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MECP)."
b) "Purchasers/tenants are advised that the stationary noise levels from the
existing commercial land uses in the vicinity may also at times be audible."
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 attend the meeting or have any questions, please do not
hesitate to contact the undersigned.
Yours truly,
Matthew Colley, MCIP, RPP
Senior Planner
Document Number: 4489825
Page 35 of 117
X
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Poor Review —62 EdgWil D tv*, MdWW, Hy*OQWIOqICM Sbxfy (Englobe Ref No.: 027/3iM.00)
III. 7z3U-T M
r' a ry f. •, cat,f ft : � t- • E
No. 00220643.000).
As :.f GHD has Repared a. WW to prwMe Vis c., t f r. wNh on
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Document Number: 4489825
r} The Power O Cor MUMent
GHO
Page 36 of 117
t. Section 3.5 states that TjVk>be collected a groundwater sample from the existing onSft on2023!
It is assumed that this sentence Is missing reference to to well where the sample was collected, and the
month of collection. In Section 2, Methodology, t stabs that the scope of work Included 'collecting
one groundwater sample from a previously installed monitoring weV Section 2.5 states that a sample of
untreated well water was collected from a faucet within the basement of the .w:. rid dwelling. Based on
this conflicting Information it Is not dear where the groundwater sample was obtained from. This detail
should be clarified If the on -Site pot" water supply well was used to detennine background nitrate and
While concentrations, then the suitability of these results is questionable consideft the proposed private
septic system is presumed to be distharging to a shallow water 60a low zone within the overburden.
t. Section 2.5 does not include a water well record number or description of the residential supply well. GHD
agrees that the local suMty aquifer is within bedrock; however, this section would benefit by Including a
description of The web sampled.
a. The Study notes that groundwater was not encountered in the test pits excavated, however the Test Pit
Stratigraphy Log for TP2-23 Indicates Isaturated at the bottoW. This note suggests groundwater was
encountered at 3.0 nv5tres below ground surface (m8GS) at TP2-23. This observation is relevant to the
Study as the RegioWs Guideline specifte VelearAnation of shallow on -Me groundwater levels and
Woundwater flow dinectloW. It is unlikely that the Study could determine shallow groundwater flow direction
without additional Investigation. Notwithstanding, it is likely OW the shallow groundwater flow is directed
towards the Grand Pow
E Though not explicitly required by the Region's Guideline, a map Illustrating the locations of private water
supply web Identified In Table 3.1 and in the private well survey attachments would support the statement
that to web are located In close proArnity to the Site.
The Sk* does not Include an analysis of nitrate impacts on the shallow groundwater due to the proposed
on "Me sewage system -
A 0 A 0
of firie-gralned sods between the receiving groundwater and Me deeper aquifer used JDr private water supply
may t>e sufficient evidence of hydraulic isolation of sewage effluent from water supplies. If deemed sufficient,
this should be explicitly described in the Study in accordance with Procedlure D-5-4.
The use of a groundwater sample from the deeper flow zone in which the private water supply well is
completed is not suitable for characterizing background nitrate concentrations in the receiving groundwater.
Depending on the results of the Procedure D-5-4 assessment, characterization of the background shallow
groundwater quality may be appropriate.
rlllnnnr*���
As docurnented above, there are deficiencies in the scope of the Study as it relates to the Regions Guidefine.
Notwithstanding, there is substantial physical evidence that the Site is likely suitable for services with an
appropriately designed private "wage disposal system.
INM850.LTR-41 Peer Review- 52EdpMOri".Kfthww.Hy*ogedog"StWy(EnglobeRei Ata: 02200643.OW) 2
Document Number 4489825
Page 37 of 117
Should you have any questions on the above, please do not hesdats to contact us.
Yours
fjpkL 0#0 016L�l a
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ALLM Ht1 S o ., _ ...,...».
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Alun Molenhuls, P.Gem
519-340-3872
Allan.MolentitdaGOdcorn
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Ben Kern o.
Ptajed DlreciorlSenior Hfydrs�geoto�st
+15193404119
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Document Number: 4489825
Page 38 of 117
Our ret 12602655 -LTR -5
20 December 2023
Mr. Matthew Colley, MCIP, RPP
Senior Planner
Planning, Development and Legislative Services
Regional Municipality of Waterloo
150 Frederick St
Kitchener, ON N2G 4.13
G NHD
Peer Review — 52 Edgehill Drive, Kitchener, Hydrogeological Study (Englobe Rot No.: 02200643.000)
Z. , .
hydrogeok)gIcal study report prepared to support severance of a lot located at 52 Edgehill Drive, in Kddlen
Ontario (Site)-
GHD origmatly Provided a Peer review of the report am~ by Englobe Corp. (EnglObe) for Mr. James
Mellish and dated September 25, 2023 (EnOobe Ref No. 00220643.000) (Engl0be Report). GHD Provided
IV =0
provided the Regional Municipality of Waterloo (Region) with an opinion concemirig the adequacy of ft
Englobe Report in relation to the Regions Hydrogedogical Assessment G&def#m thr Prh%WServked
Developments — Scoped Stage 2 &Wm — Revised Abvw)W 25, 2020
GHD was provided with a revised Scoped Stage 2 Hydrogeological %* report dated December 14, 2023,
(Revised Englobe Report) and a comment response maft from Englobe on Decendw 18,2023. on
Should you have any questions on the above, Please do not hesitate to contact us
Yours truly,
au4o' ff
&KP.Geo.
Allan Molentuds, P.Geor. (ON and BQ
PMed ManagerMydrog~t
Pn*d wZenior Hydrogeologist
ortSe
+1519 340-3872
Aflw.MolenhWs§ghd.com
SKJkt(5
Document Number 4489825
+1519 34G4119
lien. Kempel(W.corn
The Power of Commitment
GHD
Page 39 of 117
November 1, 2023
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Mariah Blake,
Re: Committee of Adjustment Meeting — November 21, 2023
Applications for Minor Variance
A 2023-126 117 Ingleside Drive
A 2023-127 52 Sabrina Crescent
A 2023-128 76 Dunham Avenue
A 2023-129
600 Queen Street South
A 2023-130
55 Roxborough Avenue
A 2023-131-134
55-59 Franklin Street South & 50-54 Eighth Avenue
A 2023-135
52 Edgehill Drive
A 2023-136
52 Edgehill Drive
Applications for Consent
B 2023-041 150 Marlborough Avenue
B 2023-042 52 Edgehill Drive
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 have any questions, please contact me at aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 40 of 117
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 16, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Developmental Approvals
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician,
519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: January 6, 2024
REPORT NO.: DSD -2024-039
SUBJECT: Minor Variance Application A2024-001 - 3273 King St. E.
RECOMMENDATION:
That Minor Variance Application A 2024-001 for 3273 King Street East requesting
permission to permit a legal non -conforming single detached dwelling in a RES -7
zone to be used for a Single Detached Dwelling and a Personal Services Use (Hair
Salon); to permit a parking space to be located 0.5 metres from the street line
instead of the minimum required 3 metres, to permit a parking space to be located
in a Driveway Visibility Triangle (DVT), whereas the By-law does not permit
encroachments into the DVT; and, to permit one barrier -free parking space to be 2.4
m in width instead of the required 3.4 metres, to facilitate the use of the existing
building for a Single Detached Dwelling and a Personal Services Use (Hair Salon),
generally in accordance with the drawings attached to Minor Variance Application
A2024-001, and in this report, BE APPROVED, subject to the following conditions:
That the required parking spaces be demarcated on-site, as shown on the
drawing in this staff report, and barrier -free signage is to be installed and
provided in accordance with the City of Kitchener Urban Design Manual,
2. That the property owner shall complete the work, identified in Condition No. 1
above by July 1, 2024. Any request for a time extension must be approved in
writing by the Manager, Development Approvals prior to completion date set out
in this decision. Failure to complete the condition will result in this approval
becoming null and void.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make recommendations with respect to the
requested application for permission for 3273 King Street East.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 41 of 117
• The key finding of this report is that the 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 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 is located on the south side of King Street East, between Fairway
Road South and Hofstetter Avenue, and is currently being used as a non -complying
personal service (hair salon) use and one legal non -complying dwelling unit. The property
is surrounded by high rise residential uses with parking lots on immediately adjacent to it
on either side. And on the opposite side of King Street to the north of the property exist
various COM -2 (Commercial) uses.
The property is identified as `Community Area' on Map 2 — Urban Structure and is
designated as `High Rise Residential Seven (RES -7)' in Zoning By-law 2019-051. The
land use designation is `High Rise Residential' in the 2014 Official Plan.
The purpose of the application is to legalize a non -complying personal service (hair salon)
use and recognize the existing legal non -conforming single detached dwelling.
KNG
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Figure 1 - Aerial photo (2022)
Page 42 of 117
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History
The original single detached dwelling on the property was constructed approximately 1925
when the land was zoned Agricultural in Township By-law 878-A. It was annexed into the
City of Kitchener in 1958.
A detached garage in the rear yard was constructed in 2006 accessory to a single
detached dwelling which was approved as an expansion of a legal non -conforming use by
Committee of Adjustment in Decision A2006-044.
The current owner purchased the property in December 2019. At that time, the property
was already being used, without City permission, for a personal service (hair salon) on the
main floor by the previous owner since approximately 2018. The current owner would like
to legally establish the personal service (hair salon) 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 owner is making application for Permission for the Committee to consider a use of the
land that is similar for the purposes it was used on the day the by-law was passed or
which is more compatible with the uses permitted in the `RES -7' 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 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 of the committee.
The applicant has attached a parking plan to the application to show how the existing
property has been developed with parking. See `Parking Plan' below.
REPORT:
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 the 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 personal service use (hair salon). The personal service (hair salon) use
will introduce a non-residential use without requiring major renovations for existing the 1 '/2
- storey building. It is noted that the owner has submitted a building permit for the personal
Page 44 of 117
service use in a Single Detached Dwelling (SDD). Staff note that subject land is a small
parcel surrounded by larger `RES -7' lots which have developed and/or consolidated with
high density multiple dwellings. There is limited uses for this piece of land in the High Rise
Residential designation.
The SDD and Personal Service (hair salon) use offers the community with service that is
in line with the intent of the `RES -7' zone which permits personal services in larger
buildings. Given that the uses and parking area have existed since approximately 2018,
there would not be a discernable impact on the streetscape or neighbourhood.
And Adverse or Unacceptable Impacts?
Staff are of the opinion that permitting the personal service (hair salon) use in the legal
non -conforming SDD will not create any adverse or unacceptable impacts. The property
contains sufficient parking for both uses. One (1) parking space for the dwelling unit and
three (3) parking spaces for the personal service (hair salon) use. It is noted that the
properties on both sides have their parking areas in the front yard and therefore the
property does not have a negative impact on the streetscape. Lastly, Transportation
Planning staff have advised that they have no concerns (see comments below).
Figure 4 - Parking plan — Parking spaces # 1, 2 and 4 are 2.6 m x 5.5 m in size.
Parking space # 3, barrier -free space is 2.4 m x 5.5 m.
Drive aisle beside barrier -free space is 1.5 m wide.
Barrier -free signage to be placed on pavement and sign on post.
Walkway to porch beside space # 1 is 0.9 m wide.
Environmental Planning Comments: No concerns.
Heritage Planning Comments: No concerns.
Page 45 of 117
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been submitted and is currently under review.
Engineering Division Comments: No concerns.
Parks/Operations Division Comments: No concerns.
Transportation Planning Comments:
Transportation Services staff can support the proposed variances given that the existing
building and business have been operating as is for years with no adverse impacts on
traffic safety.
The proposed encroachment into the Driveway Visibility Triangle should not impose any
impacts on vehicle sightlines and driveway visibility given how far set back the property
line is from the municipal sidewalk, and also King Street East.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the council / committee meeting. A notice sign was placed on the property advising that
a Committee of Adjustment meeting 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 property. As well, notice of the application was posted in the local newspaper, The
Record.
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
• Minor Variance Decision A2006-044
Page 46 of 117
Region of Waterloo
January 2, 2024
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(3) 12/ STAUFFER WOODS SUBDIVISION
30T-08203 ACTIVA HOLDINGS
(6) 58 KIT/ 1440 1664 HURON ROAD KITCHENER
SOUTH DISTRICT PARK
Subject: Committee of Adjustment Meeting January 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 001 — 3273 King Street East — There are no conditions for the subject
application. However, the staff note that in future the lands along the entire
property frontage on King Street East (RR #08) may be required/acquired as part
of road dedication or otherwise by virtue of the future road project or acquisition
as Regional road right-of-way, ranging from approximately 1.39m at the westerly
property limit to approximately 0.62m at the easterly property limit. This may
further affect the parking stalls/setbacks from the King Street East property limits.
The City staff should consider the application accordingly.
2) A 2024 - 002 — 44 Patricia Avenue — No Concerns.
3) A 2024 — 003 to 008 — 1388 New Dundee Road — No concerns.
4) A 2024 - 009 — 169 Otterbein Road — No concerns.
5) A 2024 - 010 — 7 Morrison Road — No concerns.
6) A 2024 - 011 — 1955 Fischer Hallman Road — 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
Document Number: 4566227
Page 1 of 2
Page 47 of 117
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(o)Kitchener. ca
2
Page 48 of 117
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
December 29, 2023
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Blake,
Re: Committee of Adjustment Meeting — January 16, 2024
Applications for Minor Variance
A 2024-001 3273 King Street East
A 2024-002 44 Patricia Avenue
A 2024-003 to 008 1388 New Dundee Road
A 2024-009 169 Otterbein Road
A 2024-010 7 Morrison Road
A 2024-011 1955 Fischer Hallman Road
Applications for Consent
B 2024-001 46 Shanley Street
B 2024-002 46 Shanley Street
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 have any questions, please contact me at aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 49 of 117
Staff Report
r
J R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 16, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: January 3, 2024
REPORT NO.: DSD -2024-041
SUBJECT: Minor Variance Application A2024-002 - 44 Patricia Avenue
RECOMMENDATION:
That Minor Variance Application A2024-002 for 44 Patricia Avenue requesting relief
from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an interior side
yard setback of 0.5 metres instead of the minimum required 1.2 metres, to facilitate
the construction of a second storey addition above the existing attached garage of
the detached dwelling, generally in accordance with the drawings prepared by
Chicopee Craftsman, dated October 31, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the
construction of a second storey addition above the existing garage of the detached
dwelling located at 44 Patricia Avenue.
• 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 is located within St. Mary's Neighbourhood with the closest
intersection being Spadina Road West and Patricia Avenue, north of St. Mary's General
Hospital.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 50 of 117
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Four Zone (RES -4)' in Zoning By-law 2019-051.
The applicant would like to construct a second storey addition above the existing attached
garage to expand more living space for the existing detached dwelling. The proposed
addition requires a minor variance as the existing attached garage is only located 0.5
metres from the west property line instead of the minimum required 1.2 metres.
City staff has conducted a site visit on December 29th, 2023.
Figure 1: Aerial view of the subject property at 44 Patricia Avenue
Page 51 of 117
Figure 2: Front view of the existing property
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Figure 3: Proposed Front View With Addition
Page 52 of 117
1--ROP05E1? A:):) TION: QEAQ
Figure 4: Proposed View of the Addition from the Rear
i
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Figure 5: Second storey addition (highlighted building wall closest to side yard)
Page 53 of 117
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Figure 5: Second storey addition (highlighted building wall closest to side yard)
Page 53 of 117
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' in the City's Official Plan. The
intent of this land use designation is to permit a variety of low-density residential uses.
Official Plan Policy 4.C.1.8 specifies criteria that should be considered where a minor
variance is requested. Subsection `d' is of relevance to the requested variance and
specifies that the variance should be reviewed to ensure that "new buildings, additions,
modifications and conversions are sensitive to the exterior areas of adjacent properties
and that the appropriate screening and/or buffering is provided to mitigate any adverse
impacts, particularly with respect to privacy". The second storey addition will maintain the
existing setback of the attached garage and remain sensitive to the 1 storey neighbouring
property with respect to privacy. The general intent of the Official Plan will be maintained.
General Intent of the Zoning By-law
The general intent of the zoning regulation requiring a 1.2 metre side yard set back from
an interior side lot line is to provide adequate distance from neighbouring properties for
access and maintenance without affecting the privacy or adversely impacting the
neighbouring properties. The second storey addition does not have any window openings
facing the side yard of the neighbouring property and is proposing to have the new window
facing the rear yard. As the 0.5 metre side yard has functioned appropriately for many
years staff is of the opinion that the requested variance to allow the 0.5 metre side yard
setback instead of 1.2 metres 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 will be minor as the addition
will be an extension of the existing 2 storey dwelling over an existing attached garage. The
addition will be located the same distance from the lot line as the existing attached garage
and contain no window openings on this exterior wall. The existing neighbourhood is a mix of
one and two storey dwellings and there will be minimum privacy concerns with the extension
of the second storey of the detached dwelling.
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 requested variance is desirable and appropriate as
it will facilitate the expansion of interior living space for the residents of the dwelling,
increasing the functioning and desirability of the residential property.
Environmental Planning Comments:
No Environmental Planning concerns.
Page 54 of 117
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 second storey addition is obtained prior to construction. Please contact the Building
Division at building(a)kitchener.ca with any questions.
Engineering Division Comments:
No comment.
Parks/Operations Division Comments:
No concerns.
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 — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 55 of 117
Region of Waterloo
January 2, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(3) 12/ STAUFFER WOODS SUBDIVISION
30T-08203 ACTIVA HOLDINGS
(6) 58 KIT/ 1440 1664 HURON ROAD KITCHENER
SOUTH DISTRICT PARK
Subject: Committee of Adjustment Meeting January 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 001 — 3273 King Street East — There are no conditions for the subject
application. However, the staff note that in future the lands along the entire
property frontage on King Street East (RR #08) may be required/acquired as part
of road dedication or otherwise by virtue of the future road project or acquisition
as Regional road right-of-way, ranging from approximately 1.39m at the westerly
property limit to approximately 0.62m at the easterly property limit. This may
further affect the parking stalls/setbacks from the King Street East property limits.
The City staff should consider the application accordingly.
2) A 2024 - 002 — 44 Patricia Avenue — No Concerns.
3) A 2024 — 003 to 008 — 1388 New Dundee Road — No concerns.
4) A 2024 - 009 — 169 Otterbein Road — No concerns.
5) A 2024 - 010 — 7 Morrison Road — No concerns.
6) A 2024 - 011 — 1955 Fischer Hallman Road — 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
Document Number: 4566227
Page 1 of 2
Page 56 of 117
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:
Mariah Blake, City of Kitchener
CofA(o)Kitchener. ca
2
Page 57 of 117
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
December 29, 2023
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Blake,
Re: Committee of Adjustment Meeting — January 16, 2024
Applications for Minor Variance
A 2024-001 3273 King Street East
A 2024-002 44 Patricia Avenue
A 2024-003 to 008 1388 New Dundee Road
A 2024-009 169 Otterbein Road
A 2024-010 7 Morrison Road
A 2024-011 1955 Fischer Hallman Road
Applications for Consent
B 2024-001 46 Shanley Street
B 2024-002 46 Shanley Street
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 have any questions, please contact me at aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 58 of 117
Thursday, January 11, 2024
44 Patricia Ave. - Minor Variance
Addition Over Existing Garage
• The owners have lived in the home for 20 years and have spent a lot of time and
1
money renovating
They love their home and their neighbourhood and they plan to stay
Now they would like to add a master bedroom and ensuite bathroom
The house will remain a 3 bedroom single family residence
The only place to fit the addition is over the garage and its right side wall will line up
with the right side wall of the existing garage below
The garage is 0.5 meters from the side yard lot line and we are requesting relief
from the bylaw which requires a 1.2 meter side yard
The distance between 44 Patricia Ave. and its neighbour at 48 Patricia Ave. is 2.1 m
which allows the neighbours easy access to their rear yard and it will remain as is
The 75 year old brick siding on the side and rear of the garage will be replaced with
board and batten vinyl siding
We believe that the variance requested is minor in nature and conforms with the
bylaw as it was intended
Page 59 of 117
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Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 16, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: January 3, 2024
REPORT NO.: DSD -2024-045
SUBJECT: Minor Variance Applications A2024-003 to A2024-008
1388 New Dundee Road (58M-671, Block 11)
RECOMMENDATION:
That Minor Variance Applications A2024-003 to A2024-008 for 1388 New Dundee
Road (58M-671, Block 11) (Parts 111, 112, 115, 116, 119 and 120 on a Draft Reference
Plan) requesting relief from Section 7.3, Table 7-4, of Zoning By-law 2019-051 to
permit a lot width (for an external unit) of 6.9 metres instead of the minimum
required lot width (for an external unit) of 9.5 metres, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance applications to facilitate the
construction of six (6) external unit street fronting townhomes.
• The key finding of this report is that the requested variances meet the 4 tests of the
Planning Act.
• There are no financial implications.
• Community engagement included notice signs 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 properties are located on the north side of New Dundee Road to the West of
Stauffer Woods Trail. The subject lands are part of Draft Plan of Subdivision 30T-08203
(Stauffer Woods). The lands are registered, but not yet lotted out or serviced and remain
as one block (Block 11, 58M-671). The lands are proposed to front onto Winter Wren
Crescent, which has not been constructed yet.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 66 of 117
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(January 3, 2024)
Page 67 of 117
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(January 3, 2024)
Page 67 of 117
The subject lands are identified as a `Community Areas' on Map 2 — Urban Structure and
is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The lands are zoned `Low Rise Residential Five Zone (RES -5) with Site -Specific
Provisions (306), (308) and (310)' in Zoning By-law 2019-051.
The purpose of the applications is to facilitate the creation of six (6) lots to be constructed
with external unit street townhouse dwellings. The applicant is seeking to create a total of
twenty (20) lots through a Part Lot Control Exemption By-law. In order to create 6 of the
lots, relief is being sought for minimum lot width (for an external unit).
Figure 3: Registered Plan of Subdivision 58M-671
Page 68 of 117
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Figure 3: Registered Plan of Subdivision 58M-671
Page 68 of 117
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Figure 4: Design Drawing showing Proposed Lot Fabrics for Block 11, 58M-671
(MHBC Planning)
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The intent of the Low Rise Residential land use designation is to accommodate a full
range of low density housing types, including the proposed street fronting townhouse
dwellings. The Low Rise Residential designation encourages the mixing and integrating of
different forms of housing to achieve and maintain a low rise built form. The requested
reduction in lot width will not interfere with the intent of the Official Plan as the proposed
built form maintains a low density and low rise built form.
General Intent of the Zoning By-law
The intent of the regulation that requires the external units of street fronting townhomes to
have a lot width of 9.5 metres is to ensure there is adequate space for a side yard setback
as well as sufficient width for a functional townhouse unit. A contributing factor to the
minimum 9.5 metre lot width requirement is the minimum requirement for side yard
setback of 2.5 metres in the base zone. The subject lands are subject to Site Specific
Provision (308), which has a reduced minimum side yard setback requirement of 0.6 to 1.2
metres (depending on the distance of the building on the adjacent lot). The applicant is
proposing to provide a 1.2 to 1.4 metre side yard setback (see Figure 4). This allows the
end units to maintain a 5.6 to 7.2 metre width of building, greater than the interior units and
Page 69 of 117
demonstrably functional with a single car garage and driveway, adequately sized front
porch, and access to the rear yard. Staff is of the opinion that the requested variance for
reduction in lot width for external street fronting townhouse units meets the general intent
of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff do not anticipate any adverse effects as the current lands are vacant greenfield
lands. Once developed, the lots created will be first developed with established lot widths,
which in in the opinion of staff are functional and appropriate. Staff are 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 subject lands are being developed comprehensively as a block in a plan of
subdivision. The requested variances will establish lot widths prior to the creation of the
lots, and the lands will be developed in accordance with the established lot widths. Staff do
not anticipate any adverse effects as the current lands are vacant. Staff are of the opinion
that the requested variances are desirable and appropriate for the development and use of
the lands.
Environmental Planning Comments:
No natural heritage or tree management concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances provided building permits
for the street fronting townhouses are obtained prior to construction. Please contact the
Building Division at building(a)kitchener.ca with any questions.
Engineering Division Comments:
No engineering concerns.
Parks/Operations Division Comments:
No parks/operations concerns.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed applications.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
Page 70 of 117
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
ATTACHMENTS:
No attachments.
Page 71 of 117
Region of Waterloo
January 2, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(3) 12/ STAUFFER WOODS SUBDIVISION
30T-08203 ACTIVA HOLDINGS
(6) 58 KIT/ 1440 1664 HURON ROAD KITCHENER
SOUTH DISTRICT PARK
Subject: Committee of Adjustment Meeting January 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 001 — 3273 King Street East — There are no conditions for the subject
application. However, the staff note that in future the lands along the entire
property frontage on King Street East (RR #08) may be required/acquired as part
of road dedication or otherwise by virtue of the future road project or acquisition
as Regional road right-of-way, ranging from approximately 1.39m at the westerly
property limit to approximately 0.62m at the easterly property limit. This may
further affect the parking stalls/setbacks from the King Street East property limits.
The City staff should consider the application accordingly.
2) A 2024 - 002 — 44 Patricia Avenue — No Concerns.
3) A 2024 — 003 to 008 — 1388 New Dundee Road — No concerns.
4) A 2024 - 009 — 169 Otterbein Road — No concerns.
5) A 2024 - 010 — 7 Morrison Road — No concerns.
6) A 2024 - 011 — 1955 Fischer Hallman Road — 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
Document Number: 4566227
Page 1 of 2
Page 72 of 117
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:
Mariah Blake, City of Kitchener
CofA(o)Kitchener. ca
2
Page 73 of 117
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
December 29, 2023
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Blake,
Re: Committee of Adjustment Meeting — January 16, 2024
Applications for Minor Variance
A 2024-001 3273 King Street East
A 2024-002 44 Patricia Avenue
A 2024-003 to 008 1388 New Dundee Road
A 2024-009 169 Otterbein Road
A 2024-010 7 Morrison Road
A 2024-011 1955 Fischer Hallman Road
Applications for Consent
B 2024-001 46 Shanley Street
B 2024-002 46 Shanley Street
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 have any questions, please contact me at aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 74 of 117
Staff Report
r
J R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 16, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: December 27, 2023
REPORT NO.: DSD -2024-036
SUBJECT: Minor Variance Application A2024-009 - 169 Otterbein Road
RECOMMENDATION:
That Minor Variance Application A2024-009 for 169 Otterbein Road 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 required 7.5 metres, to facilitate the construction of a new
detached dwelling, generally in accordance with drawings prepared by J.D. Barnes
Ltd., dated November 30, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the
construction of a new Detached Dwelling on a vacant lot.
• The key finding of this report is that the minor variance meets the four tests of the
Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located at the Grand River North neighbourhood south of Victoria
Street North and east of Lackner Boulevard
The subject property is identified as a `Community Areas' on Map 2 — Urban Structure and
is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 75 of 117
The property is zoned 'Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-
051.
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Figure 1: The proposed property on the Zoning Map.
Figure 2: The proposed property on an aerial view.
The purpose of the application is to review a minor variance application to construct a new
two-storey detached dwelling on a vacant corner lot that will be about 8.0 metres in height.
Zoning By-law 2019-051 states that the front lot line of a corner lot is the shorter lot line
abutting a street, meaning that the lot fronts Dunnigan Drive. Moreover, due to the lot's
Page 76 of 117
irregular shape and the orientation of the lot in relation to the street and the roundabout. In
addition, the garage is set as per the grading plan recommendation. The proposed design
requires a variance for the rear yard to be 2 meters instead of the required 7.5 metres.
9 INn 1Bn
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Page 77 of 117
Staff visited the subject property on December 29, 2023.
Figure 4: Picture of the exterior side yard.
=�nw,
Figure 5: Picture of the site from the corner.
Page 78 of 117
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' on Map 3 — Land Use. This
designation places emphasis on the compatibility of building form with respect to massing,
scale, and design in order to support the successful integration of different housing types.
It also places emphasis on the relationship of housing to adjacent buildings, streets, and
exterior areas. The use of the property for a new two-storey Detached Dwelling conforms
to the land use designation. Accordingly, the variance to facilitate the new Detached
Dwelling meets 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 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. The deficient rear yard setback in
this location will abut a public walkway block. Staff is of the opinion that the minor variance
meets the intent of the Zoning By-law, as the front and the exterior yard still provide
adequate private amenity space and an adequate setback from the neighbouring use is
still maintained.
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 limited windows proposed on the portion of
the building facing the technical rear yard. In addition, the variance is created due to the
property shape and orientation in relation to the street and the roundabout and based on
the grading plan design to locate the garage and the driveway access furthest away from
the roundabout. Only part of the rear wall that contains the garage and a second floor
above will be 2 metres; the remaining part of the rear wall will be more than 6.0 metres
away from the rear lot line. The proposal will provide a sufficient amount of amenity space
in the exterior yards. As such, the reduced rear yard setback does not have any significant
impacts on 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 and use of the lands as it will facilitate a new
detached dwelling, increasing the functioning of the location of and desirability of this
residential property abutting a roundabout.
Environmental Planning Comments:
No natural heritage concerns or tree management concerns.
Page 79 of 117
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been submitted and is currently under review.
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.
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 — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 80 of 117
Region of Waterloo
January 2, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(3) 12/ STAUFFER WOODS SUBDIVISION
30T-08203 ACTIVA HOLDINGS
(6) 58 KIT/ 1440 1664 HURON ROAD KITCHENER
SOUTH DISTRICT PARK
Subject: Committee of Adjustment Meeting January 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 001 — 3273 King Street East — There are no conditions for the subject
application. However, the staff note that in future the lands along the entire
property frontage on King Street East (RR #08) may be required/acquired as part
of road dedication or otherwise by virtue of the future road project or acquisition
as Regional road right-of-way, ranging from approximately 1.39m at the westerly
property limit to approximately 0.62m at the easterly property limit. This may
further affect the parking stalls/setbacks from the King Street East property limits.
The City staff should consider the application accordingly.
2) A 2024 - 002 — 44 Patricia Avenue — No Concerns.
3) A 2024 — 003 to 008 — 1388 New Dundee Road — No concerns.
4) A 2024 - 009 — 169 Otterbein Road — No concerns.
5) A 2024 - 010 — 7 Morrison Road — No concerns.
6) A 2024 - 011 — 1955 Fischer Hallman Road — 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
Document Number: 4566227
Page 1 of 2
Page 81 of 117
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:
Mariah Blake, City of Kitchener
CofA(o)Kitchener. ca
2
Page 82 of 117
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
December 29, 2023
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Blake,
Re: Committee of Adjustment Meeting — January 16, 2024
Applications for Minor Variance
A 2024-001 3273 King Street East
A 2024-002 44 Patricia Avenue
A 2024-003 to 008 1388 New Dundee Road
A 2024-009 169 Otterbein Road
A 2024-010 7 Morrison Road
A 2024-011 1955 Fischer Hallman Road
Applications for Consent
B 2024-001 46 Shanley Street
B 2024-002 46 Shanley Street
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 have any questions, please contact me at aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 83 of 117
Staff Report
r
J R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 16, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: January 3, 2024
REPORT NO.: DSD -2024-038
SUBJECT: Minor Variance Application A2024-010 - 7 Morrison Road
RECOMMENDATION:
That Minor Variance Application A2024-010 for 7 Morrison Road requesting relief
from Section 19, Site -Specific Provision (361), to permit a Floor Space Ratio (FSR) of
1.0 instead of the maximum permitted 0.9, to facilitate the redevelopment of the
property with two (2) stacked townhouse buildings with 16 units each, for a total of
32 dwelling units, generally in accordance with the drawings prepared by Orchard
Design Studio Inc., dated August 24, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of a minor variance that would
increase the Floor Space Ratio (FSR) due to technical considerations.
• The proposed building height, unit count nor visual massing will not increase.
• 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 located at 7 Morrison Road has an area of 0.35 hectares and
consists of a large estate residential lot on the northeast corner of King Street East and
Morrison Road. The lands are bounded by low rise residential uses to the north, the Grand
River Freeport Campus Hospital to the east, a railway and King Street East to the south
and a multiple residential development to the west, opposite Morrison Road. The subject
lands are designated `Low Rise Residential with a Site -Specific Policy' in the 2014 Official
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 84 of 117
Plan and are zoned `Low Rise Residential Five Zone (RES -5) with Site -Specific Provision
(361)' in Zoning By-law 2019-051 to allow for a FSR of 0.9.
Applications to amend the City's Official Plan and Zoning By-law were approved by
Council to support re -development of a 32 stacked townhouse dwelling units with a
maximum Floor Space Ratio of 0.9. The increased FSR in the Low Rise Residential land
use designation was a result of the slope of property which exposes a portion of the
basement level. What wasn't apparent at the time of the Official Plan and Zoning By-law
Amendment Applications was that due to the grades was that the exposed 4t" level was
not fully below ground level meaning that, according to the definition of FSR in the Zoning
By-law, the entire basement level must be counted towards FSR including those portions
fully underground. This has resulted in an increase in FSR from 0.9 to 1.0 and hence the
need for a minor variance. It is important to note that the plan submitted with the OPA and
ZBA Applications is unchanged. There is no additional building height or floor area being
added and no additional units proposed. As such, Staff views this as a technical variance
only.
Figure 1: Location Map — 7 Morrison Road
The purpose of the application is to request a minor variance that would increase the FSR
from 0.9 to 1.0 for the development as proposed below in Image 2. This plan was
approved conceptually by Council in support of the OPA/ZBA and this application has not
altered the layout. A Site Plan application is intended to be submitted shortly. Image 3
illustrates the proposed building renderings. The side view of the building shows the
grades and exposed 4t" level of the building.
Page 85 of 117
CIROI ARD
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REY
STACKED TOWNS
(16 VNRB) BLACK A
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ZLPlA 16 (P BLOQ($ 52 lNIB)
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Figure 2: Proposed Site Plan
Figure 3: Building Renderings
Page 86 of 117
IME 17M Im m
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- --
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®�®I ® —m-
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REAR ELEVATON
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RIGHT SIDE ELEVATION
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_--= ALJ =—_
----
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LEFT SIDE ELEVATION
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Figure 3: Building Renderings
Page 86 of 117
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 requested minor variance will maintain the general intent and purpose of the Official
Plan and the recent Official Plan Amendment by facilitating a compact form of
development at a transit -supportive density that is compatible for the area and with
existing residential uses. As there are no proposed changes to the plans reviewed and
approved by Council, the minor variance will maintain the intent of the Low Rise
Residential land use designation and policies.
General Intent of the Zoning By-law
The subject lands are zoned `Low Rise Residential Five Zone (RES -5)' in the City of
Kitchener Zoning By-law 2019- 051. The proposed development of stacked townhouse
buildings is a permitted use in the `RES -5' Zone. Site -Specific Provision (361) to permit a
FSR of 0.9 was approved through the Zoning By-law Amendment. As noted earlier in the
report, it was discovered afterwards that the 4t" level would be fully exposed at -grade;
meaning the entire basement level is counted towards FSR and hence the increase from
0.9 to 1.0. This is a technical variance as the plan remains unchanged and will visually not
result in an increase in massing, floor area and building height. The general intent of the
zoning by-law will be maintained.
Is/Are the Effects of the Variance(s) Minor?
The effects are minor as the variance will not result in any changes in building massing,
gross floor area, building height nor increase the unit count beyond what was approved by
Council.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable and appropriate as it will recognize an increase in FSR anc
facilitate the redevelopment of the property which conceptually received approval by
Council.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
No concerns.
Engineering Division Comments:
No concerns.
Page 87 of 117
Parks/Operations Division Comments:
Parkland Dedication will be assessed and required at a future site plan application.
Transportation Planning Comments:
No concerns.
Region
No concerns.
GRCA
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
None
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 & ROPA 6
• Official Plan (2014)
• Zoning By-law 2019-051
• DSD -2023-120
Page 88 of 117
Region of Waterloo
January 2, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(3) 12/ STAUFFER WOODS SUBDIVISION
30T-08203 ACTIVA HOLDINGS
(6) 58 KIT/ 1440 1664 HURON ROAD KITCHENER
SOUTH DISTRICT PARK
Subject: Committee of Adjustment Meeting January 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 001 — 3273 King Street East — There are no conditions for the subject
application. However, the staff note that in future the lands along the entire
property frontage on King Street East (RR #08) may be required/acquired as part
of road dedication or otherwise by virtue of the future road project or acquisition
as Regional road right-of-way, ranging from approximately 1.39m at the westerly
property limit to approximately 0.62m at the easterly property limit. This may
further affect the parking stalls/setbacks from the King Street East property limits.
The City staff should consider the application accordingly.
2) A 2024 - 002 — 44 Patricia Avenue — No Concerns.
3) A 2024 — 003 to 008 — 1388 New Dundee Road — No concerns.
4) A 2024 - 009 — 169 Otterbein Road — No concerns.
5) A 2024 - 010 — 7 Morrison Road — No concerns.
6) A 2024 - 011 — 1955 Fischer Hallman Road — 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
Document Number: 4566227
Page 1 of 2
Page 89 of 117
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:
Mariah Blake, City of Kitchener
CofA(o)Kitchener. ca
2
Page 90 of 117
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
December 29, 2023
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Blake,
Re: Committee of Adjustment Meeting — January 16, 2024
Applications for Minor Variance
A 2024-001 3273 King Street East
A 2024-002 44 Patricia Avenue
A 2024-003 to 008 1388 New Dundee Road
A 2024-009 169 Otterbein Road
A 2024-010 7 Morrison Road
A 2024-011 1955 Fischer Hallman Road
Applications for Consent
B 2024-001 46 Shanley Street
B 2024-002 46 Shanley Street
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 have any questions, please contact me at aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 91 of 117
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 16, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Katie Anderl, Project Manager — Planning
519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: January 3, 2024
REPORT NO.: DSD -2024-030
SUBJECT: Minor Variance Application A2024-011
1955 Fischer Hallman Road
RECOMMENDATION:
That Minor Variance Application A2024-011 for 1955 Fischer Hallman Road
requesting relief from Section 5, Table 5-5, of Zoning By-law 2019-051, to permit a
minimum parking rate of 1 parking space per 30 m2 of Gross Floor Area (GFA) for a
Community Facility instead of the minimum parking rate of 1 parking space per 23
M2 of Gross Floor Area (GFA), generally in accordance with drawings submitted in
support of this application dated December 5, 2023, BE APPROVED, subject to the
following condition:
1. That the Applicant prepare a Parking Management Plan for Special Events, to
the satisfaction of the City's Director of Sport, in consultation with the City's
Director of Transportation, prior to final Site Plan Approval.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the
construction of a recreational complex and sports facility.
• The key finding of this report is that the requested variance meets the 4 tests of the
Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
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.
Page 92 of 117
BACKGROUND:
The subject property is located at 1955 Fischer Hallman Road and is being developed by
the City of Kitchener as a district park (see Figure 1). Phases 1 and 2 included
construction of outdoor facilities including a splash pad and playground, playing fields and
courts, an operational/maintenance building and washroom/change room building.
Detailed planning for Phase 3 is now underway and includes an indoor recreation complex
with an aquatic facility, FIFA sized fieldhouse and future gymnasium space (Development
Concept Figure 2).
w
Subject lands
j
ti yl
1.
Figure 1 — Location Map
The subject property is identified as `Protected Countryside' on Map 1 - City Urban Area
and Countryside and is designated `Prime Agriculture' on Map 3 — Land Use in the City's
2014 Official Plan. In accordance with Map 1, Policy 3.C.1.22 applies to the lands which
permits the lands to be used for the development of a municipal park (active or passive),
athletic/community centre and associated facilities.
The property is zoned `Prime Agricultural (AGR -1) Zone' in Zoning By-law 2019-051 and is
subject to regulation 4.15.7 (Public Uses and Utilities) which permits public uses in any
zone subject to compliance with the regulations.
The purpose of the minor variance application is to permit a reduced parking rate for the
proposed athletic complex. The range of uses proposed in Phase 3 all fall within the
Community Facility land use in the Zoning By-law. This category encompasses a very
Page 93 of 117
broad range of indoor recreational, cultural and community uses including libraries,
arenas, sports facilities, and community centres. A Parking Justification Study, prepared
by AECOM, was submitted in support of the proposed development and evaluates and
recommends an appropriate parking rate for the range of sport and athletic facilities
proposed. The final detailed design of this facility remains in flux, and the gross floor area
may change slightly, therefore, the applicant has requested a variance to the parking ratio,
rather than a specific reduction to the number of spaces. This approach allows the design
to proceed with greater certainty with respect to the relationship between gross floor area
and parking lot area. Planning staff is supportive of this approach. Staff note that amount
of parking required by the by-law will be provided for the outdoor facilities including the
courts and sports fields, and the reduction is to the rate for the community facility. The
approximate parking rates (required and proposed) for the complex are outlined in Table
1. The proposed parking rate will likely result in a reduction of about 200 spaces.
In1URON RD.
EGISTING STORMc1'ATER
lMfiAGO- ENT AREA
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STING
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ROOF AREA- 14,154•C"
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Figure 2 — Development Concept (Phase 3)
Page 94 of 117
Use
Minimum Required
Minimum Proposed
Outdoor Active Recreation
• Sports field (20/field)
20 x 4 = 80
20 x 4 = 80
• Court(2/court)
2x7= 14
2x7= 14
Community Facility @ approx. 20,000 m2
1 / 23m2
20,000/23= 870
1 / 30m2
20,000/30 = 667
Total Required
964
761 (approx. 774
available)
Table 1 — Approximate Parking Calculations
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 Official Plan with respect to parking is to ensure adequate parking is provided
for proposed uses and to reduce parking demand in support of active transportation and
transit. The Parking Justification Study prepared in support of the application considers the
proposed range of uses on the site, peak occupancies, seasonal variation, access to
transit and other transportation demand management measures which aim to reduce
single vehicle trips and encourage sustainable modes of transportation, and special one-
off events (such as sports tournaments or other large gatherings) where parking demand
may exceed supply.
Transportation Services and Community Services - Sport staff have reviewed the Parking
Justification Study submitted in support of the application and support the findings and
recommendations. Staff is of the opinion that the proposed rate of 1 space per 30 m2 will
provide an appropriate amount of parking to support the regular daily operations of the
facility across all seasons. Staff do however recommend that a Parking Management Plan
is developed for Special Events and a condition has been included in this regard. This plan
could include off-site parking arrangements, shuttles, enhanced bussing, on-site traffic and
parking management, and other strategies. Such events are one-off occurrences and staff is
of the opinion that it is not a good use of lands, to build hundreds of additional spaces which
may be vacant most times.
General Intent of the Zonina By-law
The intent of parking regulations is to provide an appropriate amount of parking for
proposed uses. The proposed sports complex falls under the category of Community
Facility which encompasses a very broad range of uses including libraries, arenas,
community centres and indoor sports facilities of varying sizes. The proposed sports
facility shares parking with outdoor seasonal sports fields and courts.
The parking study provides an in-depth analysis of the multi -use facility and recommends
a parking rate that is tailored to the anticipated building occupancies, size of facilities, and
Page 95 of 117
seasonal range of uses planned for this location. Further, a substantial area of the
proposed building consists of a FIFA sized indoor sports field (approximately 8671m2).
This space alone requires about 377 parking spaces. When not used at its full size, this
field will likely be split into 4 quadrants each facilitating team practices. Staff is of the
opinion that this orientation will function much like outdoor sports fields which has a
parking rate of 20 spaces per field — representing 80 spaces generated by the 4 quadrants
— a substantially lower requirement than when calculated based on gross floor area.
The proposed parking rate is further supported by various Transportation Demand
Management measures including access to transit and provision of Class A and B cycling
facilities. While located at the outskirts of the City, Grand River Transit has confirmed that
a bus transfer station will be located on Fisher Hallman Road south of Huron Road in
close proximity to the subject lands. Further, as surrounding subdivisions are developed,
additional bus routes may be added, or existing routes adjusted to respond to demands.
Provision will be made in the RBJ Schlegel Park roadway design so that a bus route can
be accommodated through the park for enhanced convenience and to support transit
usage. Further, the site plan will provide for both Class A and Class B bicycle parking to
support cyclists. Staff note that through the Fischer Hallman Road reconstruction
(ongoing) and the planned Huron Road reconstruction (approx. 2026) off-road multi -use
pathways will be added to adjacent arterial roads which will further support cycling to the
RBJ Schlegel Park. Staff recommend that ride -share and carpool be promoted by the City
for this facility and material be provided to sports teams and clubs operating from this
facility to reduce the number of single occupancy vehicle trips. Staff also support the
recommendation that a Parking Management Plan be developed for special one-off events
and a condition has been included in this regard.
Is the Effects of the Variance Minor?
Staff is of the opinion that the effect of the variance is minor. The proposed parking rate will
provide for an appropriate amount of parking to meet the ongoing daily needs of the park and
recreational facility users. Reduced parking rates are facilitated by the mix of uses on the
site, and the seasonality of these uses, availability of transit and cycling facilities, and
requirement for parking management for special one-off events that may drive a higher than
usual demand.
Is the Variance Desirable for the Appropriate Development or Use of the Land, Building
and/or Structure?
Staff is of the opinion that the proposed parking rate of 1 space per 30 m2 is appropriate
for the development and use of the lands. The planned sports facilities provide a much
needed amenity in this fast growing part of the City and will service a city wide population.
Staff is of the opinion that the proposed parking rate is appropriate for the ongoing daily
needs of the park and sports facility, as demonstrated by the Parking Justification Study,
while efficiently using lands, and does not create a substantial over -supply of parking.
Based on the foregoing, staff is of the opinion that the proposed parking rate meets the
intent of the Official Plan and Zoning By-law, the effect of the variance is minor and is
desirable for the development and use of the land.
Environmental Planning Comments:
No natural heritage or tree management concerns.
Page 96 of 117
Heritage Planning Comments:
The subject property is currently listed as a non -designated property of cultural heritage value
or interest on the Municipal Heritage Register. The proposed variance is not anticipated to
impact identified heritage attributes of the property. As such there are no heritage concerns.
Building Division Comments:
No comments.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No concerns or requirements.
Transportation Planning Comments:
A Parking Justification Study was submitted (dated December 6, 2023) by AECOM
Canada Ltd. in support of the proposed parking rate of 1 space per 30 m2, where the
current zoning by-law for a Community Facility requires a minimum of 1 parking space per
23 m2 GFA to a maximum of 1 parking space per 17m2 GFA.
Staff recognize the unique complexities that come with a large sporting complex of this
size and scope. It is acknowledged that the required parking rate does not necessarily
reflect the parking generated by this type of facility on a day-to-day basis. Transportation
Services staff support the recommendations within the Parking Justification Study based
on the expertise provided by the City of Kitchener's Parks and Sport divisions.
Transportation Services will support a condition that a Parking Management Plan for
Special Events be developed and submitted to the satisfaction of the City's Director of
Sport in consultation with the City's Director of Transportation Services.
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.
Page 97 of 117
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
Page 98 of 117
Region of Waterloo
January 2, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(3) 12/ STAUFFER WOODS SUBDIVISION
30T-08203 ACTIVA HOLDINGS
(6) 58 KIT/ 1440 1664 HURON ROAD KITCHENER
SOUTH DISTRICT PARK
Subject: Committee of Adjustment Meeting January 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 001 — 3273 King Street East — There are no conditions for the subject
application. However, the staff note that in future the lands along the entire
property frontage on King Street East (RR #08) may be required/acquired as part
of road dedication or otherwise by virtue of the future road project or acquisition
as Regional road right-of-way, ranging from approximately 1.39m at the westerly
property limit to approximately 0.62m at the easterly property limit. This may
further affect the parking stalls/setbacks from the King Street East property limits.
The City staff should consider the application accordingly.
2) A 2024 - 002 — 44 Patricia Avenue — No Concerns.
3) A 2024 — 003 to 008 — 1388 New Dundee Road — No concerns.
4) A 2024 - 009 — 169 Otterbein Road — No concerns.
5) A 2024 - 010 — 7 Morrison Road — No concerns.
6) A 2024 - 011 — 1955 Fischer Hallman Road — 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
Document Number: 4566227
Page 1 of 2
Page 99 of 117
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:
Mariah Blake, City of Kitchener
CofA(o)Kitchener. ca
2
Page 100 of 117
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
December 29, 2023
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Blake,
Re: Committee of Adjustment Meeting — January 16, 2024
Applications for Minor Variance
A 2024-001 3273 King Street East
A 2024-002 44 Patricia Avenue
A 2024-003 to 008 1388 New Dundee Road
A 2024-009 169 Otterbein Road
A 2024-010 7 Morrison Road
A 2024-011 1955 Fischer Hallman Road
Applications for Consent
B 2024-001 46 Shanley Street
B 2024-002 46 Shanley Street
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 have any questions, please contact me at aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 101 of 117
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 16, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD INVOLVED: Ward 10
DATE OF REPORT: January 4, 2024
REPORT NO.: DSD -2024-025
SUBJECT: Consent Application B2024-001 (Severed Lot)
Consent Application B2024-002 (Retained Lot)
46 Shanley Street
RECOMMENDATION:
Consent Application B2024-001 (Severed Lot)
A. That Consent Application B2024-001 requesting consent to create a parcel
("Severed Lot") of land having an approximate lot width of 8.9 metres, a lot
depth of 45.4 metres, and a lot area of 385 square metres and to establish an
access and maintenance easement having an approximate width of 1.5 metres
and a depth of 3.0 metres in favour of the "Retained Lot", as generally shown on
the "Severance Sketch" and "Easement Sketch" attached to Report DSD -2024-
025, BE APPROVED, subject to the following conditions:
1. That the Owner's solicitor shall provide draft transfer documents and
associated fees for the Certificate of Official to the satisfaction of the
Secretary -Treasurer and City Solicitor, if required.
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 satisfaction of the City's Revenue Division.
3. That the owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the
plan(s). The digital file needs to be submitted according to the City of
Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 102 of 117
4. That the Owner provides a servicing plan, for the Severed and Retained
Lands, showing outlets to the municipal servicing system to the satisfaction
of the Director of Engineering Services.
5. That the Owner submit a Development Asset Drawing (digital AutoCAD)
for the site (servicing, SWM etc.) with corresponding layer names and
asset information to the satisfaction of the City's Director of Engineering
Services, prior to deed endorsement.
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, on the Severed and/or Retained Lands, are to be
built to City of Kitchener standards at the Owner's expense prior to
occupancy of the building to the satisfaction of the City's Director of
Engineering Services.
8. That the Owner provides confirmation that the basement elevation, on the
Severed and/or Retained Lands, can be drained by gravity to the street
sewers to the satisfaction of the City's Director of Engineering Services. If
this is not the case, then the owner will need to pump the sewage via a pump
and forcemain to the property line and have a gravity sewer from the
property line to the street to the satisfaction of the City's Director of
Engineering Services.
9. That the Owner provides design drawings to implement suitable design
solutions for sump pump outlets, to the satisfaction of the City's Director of
Engineering Services.
10. That the owner shall:
a) complete a Building Code Assessment for the existing dwelling
proposed to be retained on the severed and retained parcels of land,
prepared by a qualified person, to confirm that the proposed property
line and any of the building adjacent to this new property line complies
with the Ontario Building Code, to the satisfaction of the City's Chief
Building Official. The assessment shall address items such as, but not
limited to, spatial separation of existing buildings' wall face, and shall
include recommendations such as closing in of openings pending spatial
separation calculation results.
b) A Building Permit shall be obtained for any remedial work/ upgrades
required by the Building Code Assessment.
11. That the Transfer Easement document(s) required to create the Easement(s)
being approved herein shall include the following, and shall be approved by
the City Solicitor in consultation with the City's Director of Planning:
Page 103 of 117
a) a clear and specific description of the purpose of the Easement(s) and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being
granted shall be maintained and registered on title in perpetuity and shall
not be amended, released or otherwise dealt with without the express
written consent of the City.
12. That a satisfactory Solicitor's Undertaking, to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
13. That, prior to final approval, the applicant submits the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
Consent Application B2024-001 (Retained Lot)
B. That Consent Application B2024-002 requesting consent to establish an access
and maintenance easement having an approximate width of 1.5 metres and a
depth of 4.0 metres in favour of the "Severed Lot", as generally shown in the
"Easement Sketch" attached to Report DSD -2024-025, BE APPROVED, subject
to the following conditions:
1. That the Owner's solicitor shall provide draft transfer documents and
associated fees for the Certificate of Official to the satisfaction of the
Secretary -Treasurer and City Solicitor, if required.
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 satisfaction of the City's Revenue Division.
3. That the owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the
plan(s). The digital file needs to be submitted according to the City of
Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
4. That the Transfer Easement document(s) required to create the Easement(s)
being approved herein shall include the following, and shall be approved by
the City Solicitor in consultation with the City's Director of Planning:
a) a clear and specific description of the purpose of the Easement(s) and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost
sharing provisions related thereto); and
Page 104 of 117
b) a clause/statement/wording confirming that the Easement(s) being
granted shall be maintained and registered on title in perpetuity and
shall not be amended, released or otherwise dealt with without the
express written consent of the City.
5. That a satisfactory Solicitor's Undertaking, to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
6. That, prior to final approval, the applicant submits the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of the requested Consent
Applications to create a new lot, to allow separate conveyance of each existing semi-
detached unit, and to establish access and maintenance easements for each resultant
lot.
• 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.
Figure 1: Photo of existing dwelling, taken from Shanley Street.
Page 105 of 117
BACKGROUND:
The subject property is located on the north side of Shanley Street, between Braun Street
and Moore Avenue, in the KW Hospital Planning Community. The property is presently
developed with a semi-detached dwelling on one lot. The existing dwelling was
constructed in approximately 1887.
The lands to the west, east, and south are developed with low density residential land
uses. The lands to the north are developed with the complex of buildings associated with
Sacred Heart Church and the former Sacred Heart School, which are owned by the
Roman Catholic Episcopal Corporation of the Diocese of Hamilton.
The subject property has approximately 19.2 metres of frontage on Shanley Street and is
approximately 870 square metres in area. The subject property is identified as `Major
Transit Station Area' on Map 2 — Urban Structure and is designated `Low Rise
Conservation' within the KW Hospital Secondary Plan (1994 Official Plan). The property is
zoned `Residential Five Zone' (R-5) in Zoning By-law 85-1.
It should be noted that the subject property is within the Growing Together study area and
is proposed to be identified as `Protected Major Transit Station Area' on Map 2 — Urban
Structure, proposed to be designated Strategic Growth Area A, and proposed to be zoned
Strategic Growth Area One (SGA -1). It is anticipated that the Growing Together report will
be considered by the City's Planning and Strategic Initiatives Committee on January 29,
2024, after a decision is rendered regarding the subject application.
The applicant is requesting Consent to create a new lot by severing the existing lot into
two parcels, so as to establish a new lot line along the common wall of the existing semi-
detached dwelling. This would allow separate conveyance of each semi-detached unit.
The Severed Lot would have an approximate frontage of 8.9 metres on Shanley Street, a
depth of 45.4 metres, and an area of 385 square metres. The Retained Lot would have an
approximate frontage of 10.2 metres on Shanley Street, a depth of 45.5 metres, and an
area of 485 square metres.
It should be noted that proposed lots comply with Zoning By-law 85-1 and no minor
variances are necessary to facilitate the subject proposal.
In addition, access and maintenance easements are proposed over each resultant lot in
favour of the other, as follows:
• Application B2024-001 — an easement of approximately 1.5 metres x 3.0 metres
over the Severed Lot in favour of the Retained Lot; and
• Application B2024-002 — an easement of approximately 1.5 metres x 4.0 metres
over the Retained Lot in favour of the Severed Lot.
Page 106 of 117
Figure 2: Location of Subject Property (Outlined in ).
REPORT:
Planning Comments:
In considering the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offers the following comments, noting that:
• No physical development is contemplated through the subject applications,
• The use of the property will not change as result of the requested Consents, and
• The land use will continue to be semi-detached dwelling.
The requested Consent to create a new lot simply would allow for separate conveyance of
each semi-detached unit.
Provincial Policy Statement (PPS 2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs. Planning staff is of the opinion that the requested Consent 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
Page 107 of 117
infrastructure, provide for a range and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation. The
subject lands are located within the City's Built -Up Area, as noted on Map 1 — City Urban
Area and Countryside of the Official Plan. Planning staff is of the opinion that the
development proposal conforms to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be
within the Urban Area. The subject lands are designated Built -Up Area in the ROP.
Regional policies require Area Municipalities to plan for a range of housing in terms of
form, tenure, density and affordability to satisfy the various physical, social, economic and
personal support needs of current and future residents. The Region has indicated that it
has no objections to the proposed consent. Planning staff is of the opinion that the
Consent application conforms to the Regional Official Plan.
City Official Plan (2014):
There are many Official Plan policies that apply to the subject proposal. The subject
property is designated `Low Rise Conservation' within the KW Hospital Secondary Plan
(1994 Official Plan). The Low Rise Conservation designation contains Policy 13.7.3.1,
which states (emphasis added):
The Low Rise Conservation designation has been applied to areas where it is the
aim of this Plan to retain the existing low rise, low density residential character of
the neighbourhood. Preservation of the built scale of development shall be
encouraged through the retention of the existing housing stock, subdivision of the
existing housing stock to create multiple unit dwellings, and the creation of new
housing through redevelopment at no greater than the existing scale and intensity
of development occurring as of July 16, 1987.
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-
detached dwellings, multiple dwellings to a maximum of three units, small lodging
houses, small residential care facilities, home businesses, and private home day
care...
In addition, Section 17.E.20.5 of the 2014 Official Plan implements Section 51 of the
Planning Act and contains policies regarding lot creation (Consent Policies). These
policies state the following:
17.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration lot
frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
Page 108 of 117
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 properties.
With respect to the Official Plan, the requested Consent would ensure the existing low
rise, low density residential character of the neighbourhood is retained. The built scale of
development would be preserved through retention of the existing semi-detached dwelling
and the existing dwelling would be subdivided to allow separate conveyance of each semi-
detached unit. Furthermore, no physical development is contemplated and the use of the
property will not change as result of the applications. Engineering Services has not
identified any servicing concerns, noting that each unit would be separately serviced with
full municipal services. The subject property has frontage on a municipal street with
sidewalk facilities.
Zoning By-law 85-1
As aforementioned, the subject property is zoned `Residential Five Zone (R-5)' in Zoning
By-law 85-1. It must be reiterated that the proposal complies with the current zoning and
no variances are necessary to facilitate the proposal.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the Severed Lot
and establishment of access and maintenance easements is desirable and appropriate.
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 Severed and Retained lots and
requested easements are desirable and appropriate. The lots reflect the general scale and
character of the established development pattern of surrounding lands and comply with
the current zoning. Each unit would be separately serviced with full municipal services.
The subject property has frontage on a municipal street with sidewalk facilities. Planning
staff is further of the opinion that the proposal is consistent with the Provincial Policy
Statement, and the Region of Waterloo Official Plan, conforms to the Growth Plan for the
Greater Golden Horseshoe, and represents good planning.
Environmental Planning Comments:
No Comments.
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
Page 109 of 117
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 46 Shanley
Street is located within the Mount Hope/Breithaupt Neighourhood CHL. The owner and the
public will be consulted as the City considers listing CHLs on the Municipal Heritage Register,
identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific
conservation options.
Building Division Comments:
The Building Division has no objections to the proposed consent provided:
1) A qualified designer is retained to complete a building code assessment as it relates to
the new proposed property line and any of the building adjacent to this new property line
shall addresses such items as: Spatial separation of existing buildings' wall face to the
satisfaction of the Chief Building Official. Closing in of openings may be required, pending
spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required
by the building code assessment.
Engineering Division Comments:
82024-001 - 46 Shanley Street (Severed):
• 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 any new service connections that may be
required to service this property, all prior to severance approval. Our records indicate
sanitary and water municipal services are currently available to service this property.
Any further enquiries in this regard should be directed to iason.brule(o)-kitchener.ca.
• Any new driveways are to be built to City of Kitchener standards. All works are at the
owner's expense and all work needs to be completed prior to occupancy of the
building.
• A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new site
infrastructure with corresponding layer names and asset information to the
satisfaction of the Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by
gravity to the municipal sanitary sewer. If basement finished floor elevations do not
allow for gravity drainage to the existing municipal sanitary system, the owner will
have to pump the sewage to achieve gravity drainage from the property line to the
municipal sanitary sewer in the right of way.
• The Owner shall implement a suitable design solution for a sump pump outlet to the
satisfaction of the Director of Engineering.
82024-002 - 46 Shanley Street (Retained):
• 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
Page 110 of 117
required to service this property, all prior to severance approval. Our records indicate
sanitary and water municipal services are currently available to service this property.
Any further enquiries in this regard should be directed to iason.brule(a)-kitchener.ca.
• Any new driveways are to be built to City of Kitchener standards. All works are at the
owner's expense and all work needs to be completed prior to occupancy of the
building.
• A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new site
infrastructure with corresponding layer names and asset information to the
satisfaction of the Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by
gravity to the municipal sanitary sewer. If basement finished floor elevations do not
allow for gravity drainage to the existing municipal sanitary system, the owner will
have to pump the sewage to achieve gravity drainage from the property line to the
municipal sanitary sewer in the right of way.
• The Owner shall implement a suitable design solution for a sump pump outlet to the
satisfaction of the Director of Engineering.
Parks/Operations Division Comments:
82024-001 - 46 Shanley Street (Severed).-
Planning
Severed):Planning and Legal have advised that parkland dedication is not required as the uses are
existing.
82024-002 - 46 Shanley Street (Retained).-
An
Retained):An easement is proposed over the Retained Lot in favour of the Severed Lot for access
purposes (approx. 1.5 metres by 4.0 metres) — No requirements.
Transportation Planning Comments:
82024-001 - 46 Shanley Street (Severed).-
Transportation
Severed):Transportation Services does not have any concerns with the proposed application.
82024-002 - 46 Shanley Street (Retained).-
Transportation
Retained).Transportation Services does not have any concerns with the proposed application.
Region of Waterloo Comments:
The lands are proposed to be severed to create an additional lot for the purpose of
facilitating separate conveyance of each existing semi-detached unit. The proposed
severed land will have an area of approximately 385 sq.m. and the retained land will have
an area of approximately 485 sq.m.
Regional Fee.,
Regional Staff have not received the required consent review fee, which $350 per
application.
General Comments.-
Regional
omments:
Regional Staff has no objections to the proposed consent application subject to the
following condition:
Page 111 of 117
1. That prior to final approval, the owner/applicant submits the consent review fee of $350
per application to the Regional Municipality of Waterloo.
Grand River Conservation Authority Comments:
No objections.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan (ROP)
• Official Plan (2014)
• KW Hospital Secondary Plan (1994 Official Plan)
• Zoning By-law 85-1
• Growing Together Study
ATTACHMENTS:
Attachment A — Severance Sketch provided with Application Forms
Attachment B — Easement Sketch provided with Application Forms
Page 112 of 117
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Page 114 of 117
N*
Region of Waterloo
January 2, 2024
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
Commissioner's Office
150 Frederick Street, 8" floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www. regionofwaterloo.ca
Re: Comments on Consent Applications - B 2024-001, B 2024-002
Committee of Adjustment Meeting January 16, 2024
City of Kitchener
Document Number: 4565780
Page 115 of 117
B 2024-001 and2024-002
46 Shanley St
PLAN 376 PT LOT 432
Michael & Jillian Welk (owner)
The lands are proposed to be severed to create an additional lot for the purpose of
facilitating separate conveyance of each existing semi-detached unit. The proposed
severed land will have an area of approximately 385sgm and the retained land will have
an area of approximately 485sgm.
Regional Fee:
Regional Staff have not received the required consent review fee, which $350 per
application.
General Comments:
Regional Staff has no objections to the proposed consent application subject to the
following condition:
That prior to final approval, the owner/applicant submits the consent review
fee of $350 per application to the Regional Municipality of Waterloo.
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.
Thank you,
Erica Ali
Planner, Community Planning
Region of Waterloo
File: D20-20124 KIT
Version: 1
Page 116 of 117
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
December 29, 2023
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Blake,
Re: Committee of Adjustment Meeting — January 16, 2024
Applications for Minor Variance
A 2024-001 3273 King Street East
A 2024-002 44 Patricia Avenue
A 2024-003 to 008 1388 New Dundee Road
A 2024-009 169 Otterbein Road
A 2024-010 7 Morrison Road
A 2024-011 1955 Fischer Hallman Road
Applications for Consent
B 2024-001 46 Shanley Street
B 2024-002 46 Shanley Street
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 have any questions, please contact me at aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 117 of 117