HomeMy WebLinkAboutDSD-2024-366 - A 2024-066, A 2024-067 & B2024-022 - 1180 Union Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: August 20, 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: 10
DATE OF REPORT: August 9, 2024
REPORT NO.: DSD-2024-366
SUBJECT: Minor Variance Applications A2024-066 and A2024-067 and
Consent Application B2024-022 - 1180 Union Street
RECOMMENDATION:
A. Minor Variance Application A2024-066 1180 Union Street (Severed Parcel)
That Minor Variance Application A2024-066 for 1180 Union Street (Severed Parcel)
requesting relief from the following Sections of Zoning By-law 85-1:
i) Section 39.2 to permit a front yard setback of 3.3 metres instead of the minimum
required 4.8 metres; and
ii) Section 39.2 to permit a rear yard setback of 3.0 metres instead of the minimum
required 7.5 metres;
generally in accordance with the Sketch Prepared for Severance Application,
prepared by J.D. Barnes Ltd, dated April 11, 2024, and the Proposed Site Plan,
prepared by Bobicon Ltd., dated June 21, 2024, BE APPROVED, subject to the
following condition:
1. That the Owner submit cross-section drawings showing the grading and
relationship between the severed lot, adjacent properties, and Maple Avenue, to
.
Said drawings shall illustrate all relevant proposed and existing features,
including, but not limited to the proposed dwelling, adjacent existing dwellings,
retaining walls, amenity areas/patios, and fencing.
B. Minor Variance Application A2024-067 1180 Union Street (Retained Parcel)
That Minor Variance Application A2024-067 for 1180 Union Street (Retained Parcel)
requesting relief from the following Sections of Zoning By-law 85-1:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
i) Section 39.2 to permit a corner lot width of 12.65 metres instead of the minimum
required 15 metres;
ii) Section 39.2 to permit a side yard setback on one side of the dwelling where
there is a driveway of 2.9 metres instead of the minimum required 3.0 metres;
iii) Section 39.2 to permit a side yard setback abutting a street of 3.2 metres instead
of the minimum required 4.5 metres;
iv) Section 39.2 to permit a rear yard setback of 2.8 metres instead of the minimum
required 7.5 metres;
generally in accordance with the Sketch Prepared for Severance Application,
prepared by J.D. Barnes Ltd, dated April 11, 2024, and the Proposed Site Plan,
prepared by Bobicon Ltd., dated June 21, 2024, BE APPROVED.
C. Consent Application B2024-022 1180 Union Street
That Consent Application B2024-022 requesting consent to sever a parcel of land
having an approximate frontage on Maple Avenue of 15.68 metres, a depth ranging
between 14.43 metres and 15.67 metres, and a lot area of 235.0 square metres, BE
APPROVED subject to the following conditions:
1. That Minor Variance Applications A2024-066 and A2024-067 receive final approval.
2. That the Oassociated
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
4. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
5. Director, Development and Housing
Approvals, the Owner shall enter into an agreement with the City of Kitchener, on
both the severed lot and retained lot, to be prepared by the City Solicitor, to the
or, Development and Housing
Approvals, which shall include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and
Manager, Site Plans, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, a landscaped area
and the vegetation to be preserved. If necessary, the plan shall include
required mitigation and or compensation measures.
b) The owner further agrees to implement the approved plan. No changes to
the said plan shall be granted except with the prior approva
Manager, Site Plans.
c) The owner shall maintain the lands, in accordance with the approved Tree
Preservation and Enhancement Plan, for the life of the development.
6. That the Owner shall complete a Building Code Assessment for the existing
dwelling proposed to be retained on the retained parcel of land, prepared by a
qualified person, to confirm that the proposed property line and any of the
building adjacent to this new property line complies with the Ontario Building
Code, to the satisfact
wall face, and shall include recommendations such as closing in of openings
pending spatial separation calculation results.
The Owner shall obtain a Building Permit for any remedial work/ upgrades
required by the Building Code Assessment.
7. That the Owner shall provide a grading and drainage control plan, to the
Engineering Services.
8. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
9. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the
site (servicing, SWM etc.) with corresponding layer names and asset
information
prior to deed endorsement.
10. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of the
City's Director of Engineering Services.
11. That any new driveways are to be built to City of Kitchener standards at the
isfaction of the
12. That the Owner provides confirmation that the basement elevation can be drained
Engineering Services. If this is not the case, then the owner will need to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer
Engineering Services.
13. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
14.That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
15. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the Region of Waterloo to implement the following conditions
for all dwelling units on both retained and severed lots:
a) That all dwelling units be constructed with a central air conditioning system.
The location, installation and sound ratings of the outdoor air conditioning
devices shall comply with the Ministry of the Environment, Conservation and
-300 noise guideline, as applicable.
b) That the following warning clauses be included in all agreements of
purchase and sale and/or rental agreements:
i)
road traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Municipality and the Ministry of Environment, Conservation and
ii)
system which will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound level
limits of the Municipality and Ministry of Environment, Conservation and
iii)
adjacent industries, noise from these industries may at times be
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 development of the severed lot with a new duplex 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
Figure 1: Photo of existing dwelling on Retained Lot, taken from Union Street.
Figure 2: Photo of Severed Lot, looking west from Maple Avenue. Note the
depressed grading on the Severed Lot. The Retained Lot is at left.
BACKGROUND:
The subject property is located at the northwest corner of Union Street and Maple Avenue,
in the NorthWard Planning Community. The property contains a dwelling, originally
constructed as a single detached dwelling in approximately 1949. The rear yard of the
property is approximately 18.4 metres deep and a large portion of the rear yard is within a
depression that is approximately 1.3 metres below the grade of Maple Avenue.
The lands to the west, on Union Street, contain mainly low density residential uses, while
the property immediately to the north contains a 3-storey multiple dwelling. The lands to
the east and southeast are used for industrial purposes.
The subject property is identified as Community Areas on Map 2 Urban Structure of the
2014 Official Plan and is designated as Low Rise Conservation A in the North Ward
Secondary Plan. The property is zoned R-5) with Special Use
Provision 129U under Zoning By-law 85-1.
The purpose of Consent Application B2024-022 is to sever a parcel of land with an
approximate frontage on Maple Avenue of 15.68 metres, a depth ranging between 14.43
metres and 15.67 metres, and an area of 235.0 square metres. The owner intends on
constructing a duplex dwelling \[i.e., a Single Detached Dwelling with an Additional
Dwelling Unit (ADU) (Attached)\] on the severed lot. Minor Variance Application A2024-066
requests relief for the severed lot from Section 39.2 of Zoning By-law 85-1 to permit:
a) a front yard setback of 3.3 metres instead of the minimum required 4.8 metres, and
b) to permit a rear yard setback of 3.0 metres instead of the minimum required 7.5
metres.
The retained lot would contain the existing dwelling, which would be converted to a duplex
dwelling, and would have an approximate frontage on Union Street of 12.65 metres, a
frontage on Maple Avenue of 22.42 metres, a depth ranging between 12.65 metres and
14.43 metres, and an area of 302.6 square metres. Minor Variance Application A2024-067
requests relief for the retained lot from Section 39.2 of Zoning By-law 85-1:
a) to permit a corner lot width of 12.65 metres instead of the minimum required 15
metres,
b) to permit a side yard setback on one side of the dwelling where there is a driveway of
2.9 metres instead of the minimum required 3.0 metres,
c) to permit a side yard setback abutting a street of 3.2 metres instead of the minimum
required 4.5 metres and
d) to permit a rear yard setback of 2.8 metres instead of the minimum required 7.5
metres.
The purpose of the latter Minor Variance Application is to recognize the existing dwelling
at 1180 Union Street, on the resultant parcel (retained lot).
Figure 3: Subject Property (outlined in red).
REPORT:
Planning Comments Minor Variance Applications A2024-066 and A2024-067:
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
Several Official Plan policies apply to the subject minor variance applications, for example:
North Ward Secondary Plan Policies (emphasis added):
o
which will be compatible with the existing development and particularly the
single detached dwellings in the interior of the neighbourhood.
o 13.8.1.3. The severance of rear and flanking property assemblies for
integrated redevelopment schemes will be permitted provided that the
remnant or remaining parcel continues to be in conformity with the policies of
this Plan and the implementing Zoning By-law.
o 13.8.2.1. Low Rise Conservation A. Permitted uses are restricted to single
detached dwellings, duplex dwellings, semi-detached dwellings, small
lodging houses, small residential care facilities, home businesses, and
private home day care.
2014 Official Plan Policies (emphasis added):
o 3.C.2.50. The planned function of Community Areas is to provide for
residential uses as well as non-residential supporting uses intended to serve
the immediate residential areas.
o 3.C.2.51. Within areas identified as Community Areas on Map 2 the
applicable land use designation may include Low Rise Residential, Medium
Rise Residential, High Rise Residential, Open Space, Institutional and/or
Major Infrastructure and Utilities as shown on Map 3 and detailed in Sections
15.D.3, 15.D.7, 15.D.10 and 15.D.11.
o 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.
o 4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are
requested, proposed or required to facilitate residential intensification or a
redevelopment of lands, the overall impact of the special zoning regulation(s)
or minor variance(s) will be reviewed, but not limited to the following to
ensure, that:
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 and will have regard to Section 11 of this Plan, the City's
Urban Design Manual, and any site-specific Urban Design Brief or Urban
Design Report and Urban Design Scorecard.
b) Where front yard setback reductions are proposed for new buildings in
established neighbourhoods, the requested front yard setback should be
similar to adjacent properties and supports and maintain the character of
the streetscape and the neighbourhood.
d) New buildings, additions, modifications and conversions are sensitive to
the exterior areas of adjacent properties and that the appropriate
screening and/or buffering is provided to mitigate any adverse impacts,
particularly with respect to privacy.
e) The lands can function appropriately and not create unacceptable
adverse impacts for adjacent properties by providing both an appropriate
number of parking spaces and an appropriate landscaped/amenity area
on the site.
f) The impact of each special zoning regulation or variance will be
reviewed prior to formulating a recommendation to ensure that a
deficiency in the one zoning requirement does not compromise the site in
achieving objectives of compatible and appropriate site and
neighbourhood design and does not create further zoning deficiencies.
o 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.
Development and Housing Approvals (DHA) staff is of the opinion that the variances
related to the severed lot (Application A2024-066) meet the intent of the Official Plan. The
front yard setback variance maintains a consistent setback from Maple Avenue, noting that
the existing dwelling on the retained lot is set back approximately the same distance (3.21
metres).
However, DHA staff is unsure whether the rear yard variance meets the intent of the
Official Plan. On one hand, the Proposed Site Plan
provided, one for the upper unit, and one for the lower unit. In addition, the rear lot and
side yards would be fenced, helping to enclose the amenity space provided in these yards.
This would assist in providing privacy for the tenants and buffering from the adjacent
properties. However,
no proposed grading plan or cross-section drawings were provided with the application (a
grading plan was provided that only shows existing grades), so staff does not fully
understand the interface of the anticipated development with the surrounding properties
and Maple Avenue.
The Proposed Site Plan provided with the application submission shows two retaining
walls on the severed lot. From this plan, staff supposes that a portion of the site grading
would be raised such that the front and left side of the proposed duplex dwelling, proposed
asphalt driveway, proposed patio for upper unit, and most of the front yard would be at the
same grade as Maple Avenue. Staff further supposes that the right side yard, proposed
patio for lower unit, and the entirety of the rear yard would be within an area of depressed
grading. Staff suppositions may not be correct. To confirm whether the rear yard setback
variance meets the intent of the Official Plan (e.g. compatibility with adjacent properties),
staff recommends a condition requiring a cross-section drawings that clearly demonstrate
the above referenced features, to the satisfaction of staff, to understand the relationship
between the rear of the dwelling and the surrounding properties.
DHA staff is of the opinion that all variances related to the retained lot (Application A2024-
067), except for the rear yard variance, seek to legalize existing lot / building
characteristics. These variances meet the intent of the Official Plan. The variance to permit
a rear yard setback of 2.8 metres instead of the minimum required 7.5 metres would
facilitate the new lot line separating the retained and severed lots. The Proposed Site Plan
lower unit. In addition, the rear lot and side yards would be fenced, helping to enclose the
amenity space provided in these yards. This would assist in providing privacy for the
tenants and buffering from the adjacent properties. DHA staff is of the opinion that the rear
yard variance meets the intent of the Official Plan.
General Intent of the Zoning By-law
With respect to Minor Variance Application A2024-066, DHA staff is of the opinion that the
variance for relief for the front yard setback for the severed lot meets the intent of the
Zoning By-law since the purpose is to provide a consistent setback along the street and
staff is of the opinion that the setback is consistent with the existing dwelling on the
retained lot. However, staff is unsure whether the requested rear yard relief for the
severed lot meets the intent of the Zoning By-law since the proposed grades are not
known and the appropriateness of the relationship between the rear of the dwelling, rear
yard, and adjacent properties is not understood. As aforementioned, staff recommends a
condition to require cross-section drawings to confirm the interface.
Regarding Minor Variance Application A2024-067, DHA staff is of the opinion that the
variances for relief related to lot width, side yard setback, and side yard abutting a street
setback meet the intent of the Zoning By-law, especially since this relief represents a
legalization of the existing lot and setback characteristics. The variance for rear yard
setback meets the intent of the Zoning By-law, since the rear of the existing dwelling on
the retained lot would face the side yard of the proposed duplex dwelling on the severed
lot, preventing privacy concerns. Also, the proposed two private patios and fencing, as
shown on the Proposed Site Plan would assist with ensuring privacy and buffering and
would provide sufficient amenity space for residents.
Are the Effects of the Variances Minor?
With respect to Minor Variance Application A2024-066, DHA staff is of the opinion that the
variance for relief for the front yard setback for the severed lot is minor since it is not
anticipated to cause unacceptably adverse impacts on adjacent properties. However, staff
is not sure about the impacts that might be caused to the residents of 1176 Union Street,
since the proposed grades are not known. Perhaps more importantly, the potential impacts
of the 1176 Union Street on the severed lot, especially the proposed lower amenity area,
are not understood. Staff recommends a condition to require cross-section drawings to
understand any potential impacts.
Regarding Minor Variance Application A2024-067, DHA staff is of the opinion that none of
the requested variances will cause unacceptably adverse impacts on the surrounding
properties. Accordingly, the variances are minor.
Are the Variances Desirable for The Appropriate Development or Use of the Land, Building
and/or Structure?
DHA staff is of the opinion that all variances requested through both Application A2024-
066 and Application A2024-067 are desirable, possibly except for the variance for rear
yard setback relief related to the severed lot (A2024-066), for the reasons outlined above.
Subject to satisfactory clearance of the recommended condition, the variances will allow
for appropriate, gentle intensification within an established neighbourhood and will assist
in providing much needed housing during the present housing crisis.
Planning Comments Consent Application B2024-022:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
DHA staff is of the opinion that, subject to satisfactory clearance of the recommended
condition regarding Minor Variance Application A2024-066, the requested consent will
facilitate gentle intensification of the subject property with the creation of a new lot. 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.
-Up Area, as noted on Map 1 City
Urban Area and Countryside of the Official Plan. Subject to satisfactory clearance of the
recommended condition regarding Minor Variance Application A2024-066, the proposed
development represents gentle intensification and will contribute towards achieving the
-Up Area. The severance application will help make
efficient use of existing roads, parks (e.g., Ash Park, Guelph Street Park), and nearby
transit (e.g., Local GRT Route #6). DHA staff is of the opinion that the development
proposal conforms to the Growth Plan.
Regional Official Plan (ROP):
U
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 (i.e., the Owner shall enter into a registered
development agreement with the Region to implement noise mitigation measures for all
dwelling units on the severed and retained lands and payment of the consent review fee).
DHA staff is satisfied that the application conforms to the ROP.
The subject property is identified as Community Areas on Map 2 Urban Structure of the
2014 Official Plan and is designated as Low Rise Conservation A in the North Ward
Secondary Plan. The property is zoned R-5, 129U under By-law 85-1.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies). These
policies state the following:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
Figure 4: Lot fabric of surrounding community. Subject Property is outlined in red.
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. Although the resultant lots would have the
among the smallest lot areas in the surrounding neighbourhood, the lots would be
consistent in terms of the lot widths. Also, there is significant variation in terms of the lot
areas, shapes, and dimensions within the surrounding area. Moreover, the severed and
retained lots are located in an area of the neighbourhood that is unique; they are located
directly across Maple Avenue from an industrial area and abutting a 3-storey multiple
dwelling that was likely constructed in the 1960s. The variety of uses and lot configurations
results in an area that does not have a clearly defined character. The area lends itself to
additional variety, such as that proposed through the subject Consent Application.
In general, 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 dwelling can be constructed that is of a similar character, scale and
massing to existing dwellings in the area.
In addition, subject to satisfactory clearance of the recommended condition regarding
Minor Variance Application A2024-066, appropriate variances have been requested to
remedy minor zoning deficiencies. The proposed lots have frontage on established public
streets and municipal services will be made available, via conditions, to the severed lot.
Zoning By-law 85-1
As aforementioned, the subject property is zoned R-5, 129U under Zoning By-law 85-1. It
should be noted that Special Use Provision 129U is technically part of the zoning.
However, the text of the regulation has been deleted. Practically, the zoning of the
property is R-5 Zone (only). Subject to satisfactory clearance of the recommended
condition regarding Minor Variance Application A2024-066, appropriate variances have
been requested for both the severed and retained lots. See above Minor Variance
comments for more details.
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, subject to satisfactory clearance of the recommended condition
regarding Minor Variance Application A2024-066. The lots reflect the general scale and
character of the established development pattern of surrounding lands and variances have
been requested to resolve minor zoning deficiencies. Servicing will be undertaken in
accordance with the requirements of Engineering Services. The severed and retained lots
have frontage on established public streets. DHA 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:
Standard condition for consent to enter into an agreement to complete a Tree
Preservation/Enhancement Plan prior to demolition/building permit/grading/servicing etc.
on BOTH severed AND retained parcels.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
A2024-066:
The Building Division has no objections to the proposed variancesprovided building permit
for the new duplex is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
A2024-067:
The Building Division has no objections to the proposed variances.
B2024-022:
The Building Division has no objections to the proposed consent provided for the retained
land:
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:
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:
A2024-066 and A2024-067:
No concerns.
B2024-022:
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the
Engineering Division for the installation of new service connections that may be
required to service this property, all prior to severance approval. Our records indicate
sanitary, storm and water municipal services are currently available to service this
property. Any further enquiries in this regard should be directed to
nolan.beatty@kitchener.ca.
Any new driveways are to be built to City of Kitchener standards. All works are at the
o 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 grading and drainage control plan will be required to the satisfaction of the
Engineering Division prior to severance approval. Final approval of on-site grading
from the Building Division will be required at building permit stage.
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.
Parks/Operations Division Comments:
A2024-066 and A2024-067:
No requirements.
B2024-022:
Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new
development lot will be created. The cash-in-lieu dedication required is $11,862.00. Park
Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontage of 15.68 metres at a land value of $36,080.00 per
frontage metre with a per unit cap of $11,862.00.
No City-owned street trees will be impacted by the proposed development.
Transportation Planning Comments:
All Applications:
Transportation Services have no concerns with these applications.
Region of Waterloo Comments:
A2024-066 and A2024-067:
No concerns.
B2024-022:
The applicant proposes to sever an existing 537 square-metre lot and create a new lot of
record. The severed lands (235 square metres) would subsequently be developed with a
new duplex dwelling with access to Maple Avenue, while the retained lot would be 303
square metres and maintain the existing single-detached dwelling and driveway access to
Union Street. Relief from front/side yard setback and lot coverage requirements are
required in a separate application.
Note that Regional staff provided pre-submission comments to the City and applicant
pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended).
Record of Site Condition (Advisory)
The above-ground heating fuel tank in the basement of the existing dwelling is noted on
the Environmental Site Screening Questionnaire. Staff have further evaluated the
proposed threat since initial pre-consultation in March 2024, and consider it to be a low
Implementation Guideline for the Review of Development Applications on or Adjacent to
Known and Potentially Contaminated Sites.
Environmental and Stationary Noise
At this location, the proposed development may encounter environmental noise sources
from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga
Parkway), and potential stationary noise sources from existing land uses in the vicinity. In
lieu of a detailed noise study, the Region will require as a condition of consent approval
that the owner/applicant enter into a registered Development Agreement with the Region
of Waterloo to implement the following noise mitigation measures for all dwelling units on
the severed and retained lands:
a) That all dwelling units be constructed with a central air conditioning system. The
location, installation and sound ratings of the outdoor air conditioning devices shall
-300
noise guideline, as applicable.
b) That the following warning clauses be included in all agreements of purchase and
sale and/or rental agreements:
may occasionally interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Municipality and the Ministry of
will allow windows and exterior doors to remain closed, thereby ensuring that the
indoor sound levels are within the sound level limits of the Municipality and Ministry
noise from these indus
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This fee is
required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on
the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is available
at the rear of the building, outside the Kitchener Public Library, at the intersection of
Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o Attention of Peggy Walter, Planning, Development and Legislative Services,
Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following condition(s):
1. That the Owner/Applicant submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the Region of Waterloo to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That all dwelling units be constructed with a central air conditioning system. The
location, installation and sound ratings of the outdoor air conditioning devices shall
c-300
noise guideline, as applicable.
b. That the following warning clauses be included in all agreements of purchase and
sale and/or rental agreements:
i.
traffic may occasionally interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Municipality and the
Ministry of Environment
ii.
which will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the sound level limits of the
Mu
iii.
General Comments:
Any submission requirements ma
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.
GRCA Comments:
All applications:
No objections.
Enova Power Comments:
All applications:
Is the new development going to be subfed from the main house or will an easement on
the property be provided in order for Enova to service the new dwelling? \[Additional
time. This sort of process will go through our services department. I just wanted to flag it
early on in the process so that it is something to keep in mind when it comes to actually
servicing the property. When the new dwelling is built, there may be another option
available that is not clear at this time, but this may be something that may come up when
Hydro One Comments:
B2024-022:
No comments or concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This report has been posted to the
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional inform
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
North Ward Secondary Plan (1994 Official Plan)
Zoning By-law 85-1
ATTACHMENTS:
Attachment A Severance Sketch, submitted with Applications.
Attachment B Proposed Site Plan, submitted with Applications.
Attachment C Plan showing Existing Grades, submitted with Applications.
Attachment A Severance Sketch
Attachment B Proposed Site Plan
Attachment C Plan showing Existing Grades
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
Will Towns
wtowns@regionofwaterloo.ca
519-616-1868
File: D20-20/24 KIT
August 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 B2024-018 to B2024-022
Committee of Adjustment Hearing – August 20, 2024
City of Kitchener
Please accept the following comments pertaining to the above-noted consent
applications for consideratiion at the upcoming Committee of Adjustment Hearing.
Document Number: 4749612 Version: 1 Page 1 of 9
B2024-017 & B2024-018
135 Gateway Park Drive
Owner: 1289193 Ontario Inc.
Applicant: MHBC Planning c/o Emily Elliott and Jennifer Gaudet
These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational
restaurant, and a wholesale warehouse. The applicant has submitted two applications –
B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397
parking spaces, and the second would create an easement for access in favour of the
severed lands over the retained lands. The easement would maintain current vehicular
circulation and access and avoid the need for new access points. No physical
redevelopment is proposed.
Archaeological Assessment (Advisory)
These lands have beenpreviously assessed for archaeological resources. However, to
Regional staff’s knowledge, the site has not been cleared of archaeological concerns.
While clearance is not required to support this consent application given the level of
disturbance on the site, any future Planning Act application proposing physical
development will require the submission of the completed Archaeological Assessment
and associated acknowledgment letter from the Ministry of Citizenship and
Multiculturalism. If possible and in the applicant’s possession, please provide a copy of
the acknowledgement letter for our records.
Regional fee
Regional staff acknowledge receipt of the required consent review fees ($350 per
application and $700 in total) on July 11, 2024.
Regional staff haveno objection to this application.
Document Number: 4749612 Version: 1 Page 2 of 9
B2024-019
250 Shirley Avenue
Owner: HiddayathHoldings c/o Farhan Hidayath
Applicant: 1123766 Ontario Ltd. c/o Sharen Shaw
The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Ave
(an irregularly-shaped 1.35 ha parcel) to be conveyed and added to the abutting
property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed
lands are vacant, while the retained parcel at 250 Shirely Avenue and the benefitting
lands at 260 Shirley Avenue are both used industrially.
Regional fee
Regional staff acknowledge receipt of the required consent review fee ($350) on June
25, 2024.
Regional staff haveno objection to this application.
Document Number: 4749612 Version: 1 Page 3 of 9
B2024-020
573 Guelph Street
Owner/applicant: Jon Crummer
The applicant proposes to sever an existing 602-square metre lot to create a new lot of
record and develop both lots with one semi-detached two-storey dwelling. The existing
single-detached dwelling on the property would be demolished. The severed and
retained lands would each be approximately 300 square metres, with access via Guelph
Street.
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This fee is
required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Regional Head Office lobby/security
(on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is
available at the rear of the building, outside the Kitchener Public Library, at the
intersection of Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o Attention of Peggy Walter, Planning, Development and Legislative
Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener,
ON N2G 4J3.
Regional Staff have no objection to this application, subject to the following
condition:
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
Document Number: 4749612 Version: 1 Page 4 of 9
B2023-021
62 Gage Avenue
Owner/applicant: Jon Crummer
The applicant proposes to sever an existing 602-square metre lot to create a new lot of
record and develop both lots with semi-detached two-storey dwellings. The existing
single-detached dwelling on the property would be demolished. The severed and
retained lands would each be approximately 300 square metres.
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This fee is
required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Regional Head Office lobby/security
(on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is
available at the rear of the building, outside the Kitchener Public Library, at the
intersection of Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o Attention of Peggy Walter, Planning, Development and Legislative
Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener,
ON N2G 4J3.
Regional Staff has no objection to this application, subject to the following
condition:
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
Document Number: 4749612 Version: 1 Page 5 of 9
B2024-022
1180 Union Street
Owner: Vladan Knezevic
Applicant: Urban Insights c/o Ryan Mounsey
The applicant proposes to sever an existing 537 square-metre lot and create a new lot
of record. The severed lands (235 square metres) would subsequently be developed
with a new duplex dwelling with access to Maple Avenue, while the retained lot would
be 303 square metres and maintain the existing single-detached dwelling and driveway
access to Union Street. Relief from front/side yard setback and lot coverage
requirements are required in a separate application.
Note that Regional staff provided pre-submission comments to the City and applicant
pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended).
Record of Site Condition (Advisory)
The above-ground heating fuel tank in the basement of the existing dwelling is noted on
the Environmental Site Screening Questionnaire. Staff have further evaluated the
proposed threat since initial pre-consultation in March 2024, and consider it to be a low
risk with respect to the Region’s Threats Inventory Database. As such, a Record of Site
Condition is not required for this application in accordance with the Region’s
Implementation Guideline for the Review of Development Applications on or Adjacent to
Known and Potentially Contaminated Sites.
Environmental and Stationary Noise
At this location, the proposed development may encounter environmental noise sources
from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga
Parkway), and potential stationary noise sources from existing land uses in the vicinity.
In lieu of a detailed noise study, the Region will require as a condition of consent
approval that the owner/applicant enter into a registered Development Agreement with
the Region of Waterloo to implement the following noise mitigation measures for all
dwelling units on the severed and retained lands:
a) That all dwelling units be constructed with a central air conditioning system.
The location, installation and sound ratings of the outdoor air conditioning
devices shall comply with the Ministry of the Environment, Conservation and
Parks’ NPC-300 noise guideline, as applicable.
b) That the following warning clauses be included in all agreements of purchase
and sale and/or rental agreements:
“Purchasers/tenants are advised that sound levels due to increasing road
traffic may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of Environment, Conservation and Parks.”
Document Number: 4749612 Version: 1 Page 6 of 9
“This dwelling unit has been supplied with a central air conditioning system
which will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the sound level limits of the
Municipality and Ministry of Environment, Conservation and Parks.”
“Purchasers/tenants are advised that due to the proximity of the adjacent
industries, noise from these industries may at times be audible.”
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This fee is
required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Regional Head Office lobby/security
(on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is
available at the rear of the building, outside the Kitchener Public Library, at the
intersection of Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o Attention of Peggy Walter, Planning, Development and Legislative
Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener,
ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the Region of Waterloo to implement the following conditions for
all dwelling units on both retained and severed lots:
a) That all dwelling units be constructed with a central air conditioning system.
The location, installation and sound ratings of the outdoor air conditioning
devices shall comply with the Ministry of the Environment, Conservation and
Parks’ NPC-300 noise guideline, as applicable.
b) That the following warning clauses be included in all agreements of purchase
and sale and/or rental agreements:
i) “Purchasers/tenants are advised that sound levels due to increasing
road traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Municipality and the Ministry of Environment, Conservation and
Parks.”
ii) “This dwelling unit has been supplied with a central air conditioning
system which will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound
Document Number: 4749612 Version: 1 Page 7 of 9
level limits of the Municipality and Ministry of Environment,
Conservation and Parks.”
iii) “Purchasers/tenants are advised that due to the proximity of the
adjacent industries, noise from these industries may at times be
audible.”
Document Number: 4749612 Version: 1 Page 8 of 9
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.
Sincerely,
Will Towns, RPP
Senior Planner, Community Planning
wtowns@regionofwaterloo.ca
519-818-1868
Document Number: 4749612 Version: 1 Page 9 of 9
August 8, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 058 – 175 Hoffman Street – No concerns
2) A 2024 - 059 – 15 Strange Street – No concerns.
3) A 2024 - 060 – 95 Brunswick Avenue – No concerns.
4) A 2024 - 061 – 25 Palace Street – No concerns.
5) A 2024 - 062 – 40 Palace Street – No concerns.
6) A 2024 - 063 – 908 Chapel Hill Court – No concerns.
7) A 2024 - 064 – 67 Kimberly Crescent – No concerns.
8) A 2024 - 065 – 570 Frederick Street – No concerns.
9) A 2024 - 066 – 1180 Union Street (severed lot)
10) A 2024 - 067 – 1180 Union Street (retained lot)
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
Document Number: 4752866
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to morethan one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Mariah Blake, City of Kitchener
CofA@Kitchener.ca
Document Number: 4752866
August 2, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting August 20, 2024
Applications for Minor Variance
A 2024-058175Hoffman StreetA 2024-06467 Kimberly Crescent
A 2024-06095 Brunswick AvenueA 2024-065570 Frederick Street
A 2024-06125 Palace StreetA 2024-0661180 Union Street
A 2024-06240 Palace StreetA 2024-0671180 Union Street
A 2024-063908 Chapel Hill Court
Applicationsfor Consent
B 2024-017135 Gateway Park DriveB 2024-020573 Guelph Street
B 2024-018135 Gateway Park DriveB 2024-02162 Gage Avenue
B 2024-019250 Shirley AvenueB 2024-0221180 Union Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario
Regulation 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:AMIN Pranav
To:Committee of Adjustment (SM)
Subject:Kitchener - 1180 Union Street - B 2024-022
Date:Wednesday, July 31, 2024 2:56:00 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-022 dated July 25, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at
this
time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
Stormcentre (hydroone.com)
Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map
If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your Local
Operations Centre
Please let me know if you have any questions or concerns.
Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com