HomeMy WebLinkAboutDSD-2024-226 - 7 Upper Mercer St - B 2024-008
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 21, 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 2
DATE OF REPORT: May 13, 2024
REPORT NO.: DSD-2024-226
SUBJECT: Consent Application B2024-008
7 Upper Mercer Street (Units B6 and B7)
RECOMMENDATION:
That Consent Application B2024-008 requesting consent to sever a parcel of land
having a lot width of 5.9 metres, a lot depth of 27.6 metres and a lot area of 162.8
square metres to permit each townhouse dwelling unit in an existing townhouse
development to be dealt with independently, BE APPROVED, subject to the
following conditions:
1. That the O
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standard
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of a consent application to
separate title of Units B6 and B7, in a condominium townhouse development, that
merged on title due to lapsing of a Part Lot Control By-law that was originally used to
split the block into unit areas.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The key finding of this report is that the requested severance meets the criteria of the
Planning Act and Provincial, Regional and City policies.
There are nofinancial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 7 Upper Mercer Street in the Grand River South
Neighbourhood, municipally known as Units B6 and B7, as shown below in Figures 1 and
2.
Figure 1 Subject Property
Figure 2 Photo of the Subject Property
The subject property is identified as Community Areas on Map 2 Urban Structure and is
Low Rise Residential on Map 3
The subject property is zoned RES-5 in Zoning By-law
2019-051.
The purpose of the application is to sever a parcel of land having a lot width of 5.9 metres,
a lot depth of 27.6 metres and a lot area of 162.8 square metres. The lands to be retained
will have a lot width of 5.9 metres, a lot depth of 26.7 metres and a lot area of 162.8
square metres. The consent will permit each townhouse dwelling unit in an existing
townhouse development to be dealt with independently.
REPORT:
Planning Comments:
This is a technical consent to separate title. The properties exist and are addressed
separately. Staff has no issues. In considering all the relevant Provincial legislation,
Regional and City policies and regulations, Planning staff are of the opinion this is a
consent to correct a merger due to a lapsing of the Part Lot Control By-law used to create
unit areas on a Block of land within a subdivision. Staff has no concerns as this is an
existing situation.
Zoning By-law 2019-051
Low Rise Residential Five Zone (RES-5 in Zoning By-
law 2019-051. -5
townhouse and multiple dwellings and requires a minimum lot width of 5.5 metres and
minimum lot area of 135 square metres for townhouse dwelling units. The proposed lot
widths and lot areas of the proposed severed and retained lots will exceed the minimum
lot width and minimum lot area requirements.
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 lot is desirable
and appropriate given the circumstance. The uses of both the severed and retained
-law. Planning staff is
of the opinion that the size, dimension and shape of the proposed lots are suitable for the
use of the lands and compatible with the surrounding development.
Staff is further of the opinion that the proposal is consistent with the Region of Waterloo
Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater
Golden Horseshoe and is good planning and in the public interest.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
No concerns.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
No concerns.
Region of Waterloo Comments:
No comments.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
Commissioner’s Office
th
150 Frederick Street, 8floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/24 KIT
May 6, 2024
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications - B 2024-008, B 2024-009
st
Committee of Adjustment Hearing May 21, 2024
City of Kitchener
Please accept the following comments for the above-noted Consent applications to be
considered at the upcoming Committee of Adjustment Hearing.
Document Number: 4670023
B 2024-008
B7-7 Upper Mercer St
Owner –Penny Reitzel; Applicant –Jeff Reitzel
The owner/applicant proposes consent to sever in order to correct an accidental merger
of title in 2010 (townhome/condominium units 6 and 7).
Regional Fee:
Regional Staff are not in receipt of the required consent review fee of $350. The fee is
required as a condition of final approval for the consent application.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the
Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source
Water Protection Plan Compliance issued under S. 59(2) is required by the Region.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the required consent review fee of $350 to the
Regional Municipality of Waterloo.
2. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
Version: 1
B 2024-009
500 Stauffer Dr
Parts 1 & 2, Plan 58R20312, Parts 3,4 & 5, Plan 58R-5762 and Part of Lot 9, Biehn's
Tract, City of Kitchener,
Owner: Activa Holdings Inc. / Agent: MHBC (Pierre Chauvin)
The owner/applicant proposes consent to sever for a portion of the subject lands (6.3ha
of 46ha), in order to create a sanitary servicing block that is to be conveyed to Activa
Holdings Inc for future sanitary servicing of lands west of Strasburg Rd (extension of
proposed truck sanitary sewer from Sunvest-Reid subdivision). A minor variance is
required to facilitate the severance, recognizing the deficient lot width given the
irregularly shaped parcel.
Archaeological Assessment
Regional Staff note the subject property of 500 Stauffer Dr possesses the potential for
the recovery of archaeological resources due to its location on a historic landform,
having a historic building on the property, proximity to a known archaeological resource
located both within the property and within the vicinity of the property. The entire
property is considered a potential heritage area of interest, and the building itself is an
1850’s OHA Designated Part IV site. There is also a registered find spot on the site.
In accordance with Regional Official Plan Policy 3.G.9, the owner/applicant is required
to have a licensed Archaeologist complete an Archeological Assessment of the subject
property. The owner/applicant must submit the Archaeological Assessment to the
Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a
copy of the Ministry’s Acknowledgement Letter and the Assessment Report to the
satisfaction of the Region of Waterloo. The completed Archaeological Assessment and
Ministry Acknowledgement will be required as a condition of approval for consent.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the
Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source
Water Protection Plan Compliance issued under S. 59(2) is required by the Region.
Version: 1
Regional Staff has no objectionto this application subject to the following
condition(s):
1.That as a condition of approval the Owner/Applicant submit a S. 59 Notice in
accordance with the Clean Water Act and Waterloo Region policies.
2. That as a condition of approval the Owner/Applicant submit the completed
Archaeological Assessment Report and Ministry Acknowledgement Letter to the
satisfaction of the Region of Waterloo.
Version: 1
General Comments:
Any submission requirements may be subject to peer review, at the owner/ applicant’s
expense as per By-law 23-062. If any other applications are required to facilitate the
application, note that fees are subject to change and additional requirements may apply.
Any future development on the lands subject to the above-noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Prior to final approval, City staff must be in receipt of the above-
noted Regional condition clearances.
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
Erica Ali
Planner, Community Planning
Version: 1
May 6, 2024via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMariahBlake,
Re:Committee of Adjustment Meeting May 21, 2024
Applications for Minor Variance
A 2024-0331955 Fischer Hallman Road
A 2024-034215 Morgan Avenue
A 2024-03542 Hazelglen Drive
A 2024-03650 Confederation Drive
A 2024-03767Blucher Street
A 2024-03832 Montana Crescent
A 2024-039114 Brandon Avenue
A 2024-04039 Turner Avenue
A 2024-041133 Max Becker Drive
A 2024-042125 Seabrook Drive
Applicationfor Consent
B 2024-0087Upper Mercer Street, Units B6 & B7
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:Niall Melanson
To:Christine Kompter; Tina Malone-Wright; Committee of Adjustment (SM)
Subject:May 2024 Committee of Adjustment Engineering Comments
Date:Wednesday, May 1, 2024 10:22:05 AM
Hi Christine and Tina,
Below are Engineering’s comments for the May 2024 Committee of Adjustment applications. Please
let me know if you have any questions.
A 2024-033 - 1955 Fischer Hallman Rd
No comment
A 2024-034 - 215 Morgan Ave
No comment
A 2024-035 - 42 Hazelglen Dr
No comment
A 2024-036 - 50 Confederation Dr
No comment
A 2024-037 - 67 Blucher St
No comment
A 2024-038 - 32 Montana Cres
No comment
A 2024-039 - 114 Brandon Ave
No comment
A 2024-040 - 39 Turner Ave
No comment
A 2024-041 - 133 Max Becker Dr
No comment
A 2024-042 - 125 Seabrook Dr
No comment
A 2024-043 - 500 Stauffer Dr
No comment
B 2024-008 - B7-7 Upper Mercer St
Severance is taking place within Waterloo Common Elements Condominium Plan #468 known
as 7 Upper Mercer St. Municipal servicing runs into the private site. No additional servicing
required.
B 2024-009- 500 Stauffer Dr
Future servicing needs for the severed lands will be determined through detailed design.
Thank you
Niall Melanson, C.E.T.
Project Manager, Development Engineering, City of Kitchener
niall.melanson@kitchener.ca, 519-741-2200 x 7133
200 King St. W., Kitchener, ON N2G 4G7