HomeMy WebLinkAboutCA Agenda - 2024-09-17
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 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: 1
DATE OF REPORT: September 6, 2024
REPORT NO.: DSD-2024-416
SUBJECT: Minor Variance Application A2024-065- 570 Frederick Street
RECOMMENDATION:
That Minor Variance Application A2024-065 for 570 Frederick Street as outlined in
attached report DSD-2024-355 and discussed at the August 20, 2024, meeting and
deferred BE APPROVED with the following revisions:
1. That Minor Variance Application A2024-065 for 570 Frederick Street as
outlined in attached report DSD-2024-355, Recommendation i), Section 5.3 e)
i) to permit the parking lot to be setback 0.4 metres from a side lot line instead
of the minimum required 1.5 metresBE AMENDED Section 5.3 e) i) to
permit the parking lot to be setback 0.2 metres from a side lot line instead of
the minimum required 1.5 metres
2. That Minor Variance Application A2024-065 for 570 Frederick Street as
outlined in attached report DSD-2024-355, Recommendation iSection 5.3.2
ii) to permit parking spaces to be located 4.2 metres from the street line
instead of the minimum required 4.5 metres Section 5.3.2
ii) to permit parking spaces to be located 1.5 metres from the street line
instead of the minimum required 4.5 metres
3. That Minor Variance Application A2024-065 for 570 Frederick Street as
outlined in attached report DSD-2024-355, Recommendation Section 5.6,
Table 5-5, to permit the minimum parking requirement for Multiple
Residential Building (Multiple Dwelling) MIX Zones to be 0 parking spaces (0
parking spaces per dwelling unit) instead of the minimum required 4 parking
Section 5.6,
Table 5-5, to permit the minimum parking requirement for a Multiple
Residential Building (Multiple Dwelling) having 4 Dwelling Units in a MIX Zone
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
to be one (1) parking space (0.25 parking spaces per dwelling unit) instead of
the minimum required 4 parking spaces (0.9 parking spaces per dwelling
unit)
4. That Minor Variance Application A2024-065 for 570 Frederick Street as
outlined in attached report DSD-2024-355, Recommendation iv), Section 5.6,
Table 5-
requirement of 8 parking spaces (1 parking space per 24.5 square metres of
Gross Floor Area (GFA)) instead of the minimum required 11 parking spaces
BE
RESCINDED.
So that the Recommendation for Approval reads as follows:
That Minor Variance Application A2024-065 for 570 Frederick Street requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 5.3 e) i) to permit the parking lot to be setback 0.2 metres from a
side lot line instead of the minimum required 1.5 metres;
ii) Section 5.3.2 ii) to permit parking spaces to be located 1.5 metres from the
street line instead of the minimum required 4.5 metres;
iii) Section 5.6, Table 5-5, to permit the minimum parking requirement for a
Multiple Residential Building (Multiple Dwelling) having 4 Dwelling Units in a
MIX Zone to be 1 parking space (0.25 parking spaces per dwelling unit)
instead of the minimum required 4 parking spaces (0.9 parking spaces per
dwelling unit);
iv) Section 8.3, Table 8-2, to permit a right (interior) side yard setback of 1.2
metres instead of the minimum required 4 metres; and
v) Section 8.3, Table 8-2, to permit the minimum ground floor building height,
for any building with street line façade, of 3.6 metres instead of the minimum
required 4.5 metres;
to facilitate the development of a 3-storey mixed use building having 4 dwelling
units and a health clinic in accordance with Site Plan Application SP24/033/F/BB, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to outline revisions made to the site plan to address
concerns expressed by the Committee regarding parking and circulation.
The key finding of this report is staff is supportive of the changes made to address
nding approval.
There are no financial implications.
The application was heard at the August 20, 2024, meeting and was deferred to the
October 15, 2024.
Staff is bringing back this matter earlier as the changes made either improve or
eliminate a variance and therefore do not necessitate re-advertising nor re-circulation
of the site plan as was contemplated by the deferral.
This report supports the delivery of core services.
Report:
Minor Variance Application A2024-065 was heard at the August 20, 2024, meeting and
was subsequently deferred by Committee to,
agents to have further conversations with Staff regarding the parking proposed at the
subject property and potential changes to the Conditionally Approved Site Plan.
As instructed, discussions have taken place with the applicant. The applicant has
submitted a revised plan attached to this report that reduces the floor area of the main
floor medical office from 196 to 171 square metres thereby freeing up space for the
addition of two (2) parking spaces. There is now a total of ten (10) parking spaces being
provided. Because of the decreased floor area of the medical office, the amount of
required parking spaces is reduced to nine (9). Accordingly, the parking variance originally
requested for the medical office is no longer required. The one (1) leftover parking space
has been allocated for residential use. A variance is required for the residential units but
has been amended to reflect a parking rate of 0.25 spaces per unit instead of the zero (0)
spaces. In addition, the parking aisle width has been increased to improve on-site
circulation and maneuverability.
Staff is supportive of the change. It eliminates a parking variance for the medical office and
reduces the parking variance for the residential component. Staff remains supportive of
the parking reduction for the residential units. As noted in staff report DSD-2024-355, there
is broad-based policy support for a reduced parking rate for residential usage at this
location in addition to the fact the parking lot will be empty during weekday
evenings/overnight and all day on weekends. The medical office will have 9 to 5 hours,
Monday to Friday. Residents and visitors can use the parking spaces at those off hour
times. Site circulation has also improved due to an increase in aisle width. Vehicles can
back up and easily make the turn to exit the site.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This application was first heard at the August 20, 2024, meeting where it was
deferred. As such notice is not required for unfinished business. This report has been
meeting. A notice sign remains posted on the property advising that a Committee of
Adjustment application has been received. The sign advises interested parties to find
.
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
DSD-2024-355
ATTACHMENTS:
Attachment A Revised Site Plan
Attachment B Letter from Applicant
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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: September 6, 2024
REPORT NO.: DSD-2024-420
SUBJECT: Consent Applications B2024-017 and B2024-018
135 Gateway Park Drive
RECOMMENDATION:
Consent Application B2024-018 135 Gateway Park Drive
That Consent Application B2024-018 for 135 Gateway Park Drive requesting consent
to sever a parcel of land having a lot width of 237 metres, a lot depth of 140 metres
and a lot area of 20,092 square metres, and to create an Easem
the severance sketch, prepared by MHBC Planning, dated March 2024, BE
APPROVED subject to the following conditions:
1. 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
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
4. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Approvals:
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.
5. That a satisfactory S
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
6. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
7. 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 o
endorsement.
8. 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.
9. That the property owner shall convey to the City of Kitchener, without cost and
free of encumbrance, an approximate 3-metre-wide road widening along the
entire Gateway Park Drive frontage (retained and severed), as shown indicated
on a reference plan by an Ontario Land Surveyor (OLS), to the satisfaction of
Prior to conveyance, the property owner shall prepare, at their cost, a Phase I
and if necessary, a Phase II Environmental Site Assessment (ESA) for the
portion of the lands being dedicated for a road widening of Gateway Park Drive
10. That the Owner shall complete a Building Code Assessment for the existing
buildings 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
assessment shall address items such as, but not limited to, spatial separation of
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.
Consent Application B2024-017 135 Gateway Park Drive
That Consent Application B2024-017 requesting consent to create an Easement over
accordance with the severance sketch, prepared by MHBC Planning, dated May
2024, BE APPROVED subject to the following conditions:
1.
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 Standards to the satisfaction of the Cit
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
using
Approvals:
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.
5.
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
6. That the property owner shall convey to the City of Kitchener, without cost and
free of encumbrance, an approximate 3-metre-wide road widening along the entire
Gateway Park Drive frontage (retained and severed), as shown indicated on a
reference plan by an
Director of Transportation Services.
Prior to conveyance, the property Owner shall prepare, at their cost, a Phase I and
if necessary, a Phase II Environmental Site Assessment (ESA) for the portion of
the lands being dedicated for a road widening of Gateway Park Drive, to the
REPORT HIGHLIGHTS:
The purpose of this report is to review severance applications to permit the creation of
one new parcel of land. Further an access easement is being created over both
parcels to maintain access to Tu Lane and Gateway Park Drive. No new development
is currently proposed.
The key finding of this report is staff is supportive of the changes to the conditions at
the request of the applicant.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
REPORT:
Consent Applications B2024-017 and B2024-018 were heard at the August 20, 2024,
meeting and were subsequently deferred by Committee at the request of the Applicant to,
regarding the proposed Engineering conditions that were imposed by the Engineering
Division.
As requested by the applicant, conversations were had with City Engineering staff after the
th
August 20 committee meeting. Through those conversations two conditions formally
indicated as Condition 9 and 10 in Consent Application B2024-018 (DSD-2024-358), were
removed from the requested conditions. The two conditions were in relation to new
driveways within the property, and basement elevation requirements to be drained by
gravity to the street sewers. City staff agree that the two conditions were not required as
part of this application. The remaining Engineering conditions are still requested and can
be cleared with the help of Engineering staff at the time of clearance.
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 application was first heard at the August 20, 2024, meeting where it was
deferred. As such notice is not required for unfinished business. This report has been
meeting. A notice sign remains posted on the property advising that a Committee of
Adjustment application has been received. The sign advises interested parties to find
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
DSD-2024-358
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 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 - 135 Gateway Park Drive - B 2024-017
Date:Wednesday, July 31, 2024 2:46:39 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-017 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
From:AMIN Pranav
To:Committee of Adjustment (SM)
Subject:Kitchener - 135 Gateway Park Drive - B 2024-018
Date:Wednesday, July 31, 2024 2:48:32 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-018 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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 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 6
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-414
SUBJECT: Minor Variance Application A2024-068 22 Woodfern Court
RECOMMENDATION:
That Minor Variance Application A2024-068 for 22 Woodfern Court requesting relief
from Section 5.6 a), Table 5-5, of Zoning By-law 2019-051 to permit a reduction in the
number of required parking spaces from 34 to 20 parking spaces for 34 dwelling
units and a reduction in the number of required visitor spaces from 6 to 3 visitor
parking spaces to facilitate the conversion of the existing 17-unit apartment building
into a combination of 34 new one-bedroom and studio dwelling units, in accordance
with Site Plan Application SP24/052/W/ES, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
redevelopment of a vacant multiple dwelling building by adding 17 units for a total of
34 dwelling units.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Woodfern Court. The site directly abuts
the Grand River Transit Operations Centre located at 250 Strasburg Drive and there is an
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
existing noise wall on the abutting property line. The site also abuts City Neighbourhood
Park Elmsdale Park at 13 Elmsdale Drive.
Figure 1: Location Map
The subject property is identified as a Community Area Urban Structure and
Low Rise Residential 2014 Official Plan.
Low Rise Residential Five Zone (RES-5-law 2019-
051.
The purpose of the application is to facilitate the redevelopment of the lands by adding 17
dwelling units to a multiple dwelling building that previously contained 17 dwelling units, to
create a total of 34 dwelling units on site. The existing building is currently vacant. The
applicant proposes to redesign the interior of the existing building to add the units, no new
Gross Floor Area (GFA) is proposed.
Site Plan Application SP24/052/W/ES is currently under review.
Figure 2: View of Existing Vacant Multiple Dwelling Building from Woodfern Court
(September 3, 2024)
Figure 3: View of Existing Parking Area and Noise Wall
(September 3, 2024)
Figure 4: View of Rear of Existing Building
(September 3, 2024)
Figure 5: Site Plan SP24/052/W/ES
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 multiple dwelling use. 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 variance to facilitate
the redevelopment of the site by adding additional dwelling units maintains a low-rise form
of development, while the use of multiple dwelling is permitted and would remain as the
use on site. Planning Staff are of the opinion that the proposed development meets the
general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation that requires 1 parking space per unit, and 0.15 visitor parking
spaces per unit is to ensure that there is adequate storage for motor vehicles on site.
While parking demands can fluctuate based on unit types, the Zoning By-law does not
differentiate between a studio or one-bedroom sized unit and larger family sized units (2-3
bedroom) in terms of minimum required parking per dwelling unit. The applicant is
proposing to offer studio and one-bedroom units as part of this development, which
typically carry a lesser parking demand and are more likely to be one person households.
To support and encourage alternative modes of transportation including active
transportation, secure bicycle parking is provided (23 Class A spaces) in excess of the
minimum required by the Zoning By-law (17 Class A spaces). In regards to public transit,
the subject lands are well served by GRT routes 3 and 16, and iXpress 205. In the opinion
of Planning Staff, the proposed provided parking of 20 resident spaces and 3 visitor
spaces for a total of 23 parking spaces is adequate for a 34-unit multiple dwelling on the
subject lands with the provision of unbundled parking, and therefore meets the general
intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that the effects of the requested variance are minor, as the proposed
development would provide a balance of options for parking for some units, and alternative
transportation modes are provided and supported in the site location and design.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The lands are located close to commercial amenities and are well connected to bus transit
and active transportation routes. Accordingly, the requested variance for reduction in
vehicle parking is desirable and appropriate for the development of the lands with 34
Environmental Planning Comments:
No natural heritage features/functions on/adjacent to property. Compliance with Tree
Management Policy is addressed through Site Plan Application SP24/052/W/ES.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the additional units being added to the existing apartment is obtained prior to construction.
Please contact the Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
All Parks requirements will be addressed through the Site Plan Application
SP24/052/W/ES.
Transportation Planning Comments:
Transportation Services reviewed the parking study that was submitted Paradigm
Transportation Solutions Limited and provided our comments in July 2024 as part of the
Stamp Plan A process. Transportation Services supported the 22
parking spaces of which 3 are allocated for visitor parking.
Transportation Services recommends that the vehicle parking be unbundled and offered at
a separate cost to leasing or owning a unit. This approach is more equitable and effective
as tenants are not forced to pay for parking that they do not need.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:
Attachment A Site Plan
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Ben, Suchomel, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: August 30, 2024
REPORT NO.: DSD-2024-393
SUBJECT: Minor Variance Application A2024-069
68 West Acres Crescent
RECOMMENDATION:
That Minor Variance Application A2024-069 for 68 West Acres Crescent requesting
relief from Section 7.3, Table 7-2, to permit a front yard setback of 9.0 metres
instead of the minimum required 11.8 metres to facilitate the construction of a new
two-storey detached dwelling on the subject property, in accordance with drawings
prepared by J.D Barnes Limited, dated August 9, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend the approval of the minor
variance application to facilitate the development of a detached dwelling with a
reduced front yard setback.
The key finding of this report is that the minor variance meets the four tests set out
within the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located on the east side of West Acres Crescent and is located
within the Forest Heights neighbourhood. The surrounding context of the subject property
is primarily comprised of low-rise residential uses.
Figure 1: Location Map-68 West Acres Crescent (Outlined in Red)
The subject property is identified asaCommunity AreaUrban Structure and
Low Rise Residential
Low Rise Residential FourZone (RES-4-law 2019-
051.
The purpose of the minor variance application is to review the request to permita reduced
front yard setback in order toconstructa two-storey detached dwelling on an existing
vacant lot.
Figure 2: Site Plan
st
Figure 3: 1 Floor, Floor Plan
nd
Figure 4: 2 Floor, Floor Plan
Planning Staff conducted a site visit on August 30, 2024.
Figure 5: Existing site conditions at 68 West Acres Crescent on August 30, 2024
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 Rise Map 3 Land Use in the
. 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, staff are of the
opinion that the variance to facilitate the new single detached dwelling on an existing
vacant lot with a reduced front yard setback maintains the general intent of the Official
Plan.
General Intent of the Zoning By-law
The intent of the regulation for minimum/maximum front yard setback is to ensure that new
buildings maintain a consistent front yard setback with the adjacent properties and the
existing neighbourhood, developed as part of the RIENS (Residential Intensification in
Established Neighbourhoods) Study. When determining the required front yard setback
using RIENS, staff calculate the average of the front yard setbacks from the two adjacent
properties, and then add or subtract 1 metre to establish the permitted setback in which a
dwelling would be permitted. Staff acknowledge that the proposed design includes only a
portion of the building proposed to be setback 9.0 metres from the front lot line, whereas
the rest of the home is setback a greater distance. It is additionally important to note that
other homes on West Acres Crescent have a front yard setback of less than 9 metres. As
such, there is not expected to be a
opinion that the front yard setback variance meets the general intent of the Zoning By-law
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the effect of the requested variance is minor as the reduced
front yard will not present any significant impacts to adjacent properties, the streetscape or
to the overall neighbourhood. There is not a consistent front yard setback on the street
and several other properties on the street have a similar front yard setback. As a result,
the staff are of the opinion that the impact of the variance is minor in nature.
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 front yard setback is
appropriate for the desirable use of the lands as it will allow for development of the vacant
land. The proposed scale, massing, and height proposed of the two-storey detached
dwelling will be compatible with the existing neighbourhood and will not negatively impact
the existing streetscape character, the adjacent properties or the surrounding
neighbourhood.
Environmental Planning Comments:
No natural heritage features/functions on/adjacent to property. Tree in potential shared
ownership with 62 West Acres. Plans should be assessed for potential impact on this tree
to determine if a condition is necessary.
Heritage Planning Comments:
No Heritage Comments or Concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building
permit for the new single detached dwelling is obtained prior to construction.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
There is a large City owned street tree within the boulevard of this property and this tree
must be protected to City standards throughout construction as per Chapter 690 of the
current Property Maintenance By-law. Suitable arrangements including the submission
and approval of a Tree Protection and Enhancement Plan showing full protection for the
existing tree; an ISA valuation of the City-owned tree and any required securities or
compensation for the tree will be required to the satisfaction of Parks and Cemeteries prior
to the issuance of a Building Permit. Please see Urban Design Manual Part C, Section 13
and www.kitchener.ca/treemanagement
This City Street tree is currently not illustrated on the submitted plans and the proposed
building layout should be revised to protect the existing tree and accommodate the
existing municipal hydrant.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
Grand River Conservation Authority (GRCA) Comments:
Grand River Conservation Authority (GRCA) staff has reviewed the application. GRCA has
no objection to the approval of the application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Residential Intensification in Established Neighbourhoods Study (2017)
Official Plan (2014)
Zoning By-law 2019-051
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Kirsten Hoekstra, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-390
SUBJECT: Minor Variance Application A2024-070 47 Hugo Crescent
RECOMMENDATION:
That Minor Variance Application A2024-070 for 47 Hugo Crescent requesting relief
from Section 5.6 a), Table 5-5, of Zoning By-law 2019-051 to permit a reduction in the
number of required parking spaces from 14 to 13 (from 1.15 parking spaces per
dwelling unit to 1.08 parking spaces per dwelling unit) to facilitate the development
of an additional dwelling unit within the existing 11 unit multiple dwelling for a total
of 12 dwelling units, generally in accordance with Site Plan Application
SP24/046/H/TS, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to permit the conversion of an existing office to a
residential dwelling unit with reduced parking requirements for overall parking and
visitor parking.
The key finding of this report is that the requested minor variance meets all four tests
of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Hugo Crescent in the Southdale
neighbourhood. This neighbourhood is primarily comprised of low to medium-rise
residential uses.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Location of subject property (outlined in Red)
The subject property is Community Areas Urban Structure and is
Medium Rise Residential
Plan.
Medium Rise Residential Six Zone (RES-6-law 2019-
051.
The purpose of the application is to permit a parking reduction of 1 space to facilitate the
conversion of existing office space into an additional dwelling unit, for a total of 12 dwelling
units.
Site Plan Application SP24/046/H/TS
dwelling unit. It was primarily prepared to identify required parking spaces.
Figure 2 Proposed Site Plan.
Figure 3 Proposed basement floor plan.
Figure 4 Survey plan of 47 Hugo Crescent.
Planning Staff conducted a site visit on August 30, 2024.
Figure 5 View of 47 Hugo Crescent from the street.
Figure 6 View of entrance to parking lot.
Figure 7 View of existing parking lot.
Figure 8 Proposed location of barrier free parking spot.
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 general intent of the Medium Rise Residential Designation is to encourage a range of
medium density housing to achieve and maintain a medium rise-built form. As the
proposed new unit is already counted within the existing floor area, the proposed
conversion will not see a change in the massing, scale, or design of the building, which will
meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the parking requirement is to ensure sufficient parking spaces are available
for residents and visitors of the building. The current zoning requires the proposed total of
12 dwelling units to have 12 parking spaces (1.0 parking spaces per dwelling unit) and 2
visitor parking spaces (0.15 parking spaces per dwelling unit). The applicant is proposing
to provide 13 parking spaces rather than the required 14 spaces.
Staff note that the subject property is located approximately 450 metres from a bus stop
for route 16. The applicant is also proposing to provide a minimum of 6 Class A bicycle
parking stalls to encourage the use of active transportation. Thus, Planning Staff is of the
opinion that the proposed parking reduction is in keeping with the intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
With respect to the proposed variance to allow for a reduction in parking, staff are of the
opinion that the requested variance is minor in nature. The applicant is proposing to
include a minimum of 6 Class A bicycle parking spaces. Additionally, this site is close to
transit connections. As per the reasons previously noted, staff are of the opinion that the
requested variance satisfies test to facilitate the proposed parking reduction.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variance will facilitate a desirable form of gentle intensification within the
existing building and utilize existing infrastructure. The scale, massing, and setbacks of the
th
existing building will not change as a result of this variance. The proposed 12 unit will
requested variance is appropriate and desirable for the use of these lands.
Environmental Planning Comments:
No site development works; work internal to existing structure. Therefore, no concerns.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. An application has been
made to convert the existing office into a residential unit.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
All Parks requirements will be addressed through the Site Plan application SP24/046/H/TS
Transportation Planning Comments:
In this circumstance as this is an existing condition and site limitations for additional parking,
Transportation Services can support the proposed parking reduction of one parking space,
for a total of 13 spaces from the required 14 spaces.
Region of Waterloo Comments:
No concerns.
GRCA Comments:
The GRCA has no objection to the proposed minor variance application.
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that a portion of the subject
property is within the regulated allowance adjacent to Shoemaker Creek, floodplain, and
valley
Due to the presence of the above-noted features, a portion of the subject property is
regulated by the GRCA under Ontario Regulation 41/24 Prohibited Activities,
Exemptions and Permits Regulation. Any future development or other alteration within
the regulated area will require prior written approval from GRCA in the form of a permit
pursuant to Ontario Regulation 41/24.
It is understood that the minor variance application is requesting permission to allow a
reduced number of parking spaces to facilitate the creation of an additional dwelling unit
within the existing building. The existing building and proposed dwelling unit are located
outside of the regulated area noted above. As such, the GRCA has no objection to the
approval of the minor variance.
The internal renovations proposed in the circulated plans will not require a GRCA permit
under Ontario Regulation 41/24.
We wish to acknowledge receipt of the applicable plan review fee associated with the
related application SP24-046-H-TS. As such, an additional plan review fee is not
required for our review of this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This
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 par
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 2024 via email
GRCA File: A2024-070 47 Hugo Crescent
Marilyn Mills
City of Kitchener
200 King Street West
Kitchener, ON N2G 4O7
Dear Marilyn Mills,
Re: Application for Minor Variance A2024-070
47 Hugo Crescent, City of Kitchener
Danny Bray, Benjamin Bray, & Jordan Taylor
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor
variance application.
Recommendation
The GRCA has no objection to the proposed minor variance application.
GRCA Comments
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that a portion of the subject
property is within the regulated allowance adjacent to Shoemaker Creek, floodplain, and
valley slopes.
Due to the presence of the above-noted features, a portion of the subject property is
regulated by the GRCA under Ontario Regulation 41/24 Prohibited Activities,
Exemptions and Permits Regulation. Any future development or other alteration within
the regulated area will require prior written approval from GRCA in the form of a permit
pursuant to Ontario Regulation 41/24.
It is understood that the minor variance application is requesting permission to allow a
reduced number of parking spaces to facilitate the creation of an additional dwelling unit
within the existing building. The existing building and proposed dwelling unit are located
outside of the regulated area noted above. As such, the GRCA has no objection to the
approval of the minor variance.
The internal renovations proposed in the circulated plans willnotrequire a GRCA permit
under Ontario Regulation 41/24.
We wish to acknowledge receipt of the applicable plan review fee associated with the
related application SP24-046-H-TS. As such, an additional plan review fee is not
required for our review of this application.
Should you have any questions, please contact me at 519-621-2763 ext. 2228 or
aherreman@grandriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Copy:Danny Bray, Benjamin Bray, & Jordan Taylor(via email)
Victoria Suen(via email)
Author: ah
Date: Aug 23, 2024
Legend
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician,
519-741-2200 ext. 7844
WARD(S) INVOLVED: 4
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-398
SUBJECT: Minor Variance Application A2024-071 509 Wilson Avenue
RECOMMENDATION:
That Minor Variance Application A2024-071 for 509 Wilson Avenue requesting relief
from Section 13A.1 and Appendix C, Special Use Provision 112U, of Zoning By-law
85-1, to permit a 'Personal Services' use in one of the units in the existing building,
generally in accordance with drawings prepared by the applicant, attached to Minor
Variance Application A2024-071, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a Minor Variance Application to permit a
personal service use in Unit 6 of an existing commercial building.
The key finding of this report is that the requested minor variance meets all the four
tests of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the west side of Wilson Avenue, south of Fairway Road
South.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Location of Subject Property
The subject Major Transit Station Area (MTSA) Urban
on Map 3
Plan.
Campus Commercial Zone (C-8-law 85-1.As the
property is within a Major Transit Station Area, new zoning to bring it into Zoning By-law
2019-
desig-law 85-1, still applicable to the subject property, does
not permit this use.
The purpose of the application is to facilitate the use of one of the units in the existing
commercial building for a personal service use.
Figure 2 - View From Wilson Avenue
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
Commercial land use designation is to serve the day-to-say and weekly commercial needs of
the surrounding community. As well, the Major Transit Station Areas, are planned to achieve
a mix of residential, office, institutional, as well as commercial development. Personal service
uses therefore meet the intent of the Official Plan.
serin the Commercial land use designation.
15.D.5.16. The permitted uses on lands designated Commercial and identified as a Major
Transit Station Area, City Node, Community Node, Arterial Corridor or Urban
Corridor on Map 2, may include:
a) auto service stations which may include car washes, gas stations and/or
gas bars;
b) commercial entertainment uses as an accessory use within a hotel, motel,
restaurant or planned commercial recreation complex;
c) commercial recreation;
d) conference / convention / exhibition facilities;
e)drive-through facilities;
f) financial establishments;
g) funeral homes;
h) hotels and motels;
i) health offices and health clinics;
j) office;
k) personal services;
l) religious institutions;
m) restaurants;
n) sale, rental, service, storage or repair of motor vehicles, major recreational
equipment and parts and accessories for motor vehicles or major
recreational equipment; and,
o) vehicle and recreational equipment sales/rental and service.
and in the Commercial land use
designation, the intent of the Official Plan would be maintained.
General Intent of the Zoning By-law
The intent of the special provision prohibiting personal services was to limit the amount of
traffic visiting multiple-tenanted commercial buildings in this area of Fairway Road South.
However, since the special use provision was established in 1985, the intent of this provision
is no longer relevant because of the growth and use anticipated in Major Transit Station
Areas. Staff are of the opinion that the variance to allow this use in one of the units in the
commercial plaza meets the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Adding a personal service use to this multiple-tenant building is in keeping with the
commercial land use and zoning of this property. There is sufficient parking established and
the property is in close proximity to ION and public transit. Staff are of the opinion that the
effects of the variance would be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable for the appropriate development of the land as it will permit one of
the Official Plan and an appropriate use in a Major Transit Station Area.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the interior alterations is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
i
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Kirsten Hoekstra, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-388
SUBJECT: Minor Variance Application A2024-072 565 Topper Woods
Crescent
RECOMMENDATION:
That Minor Variance Application A2024-072 for 565 Topper Woods Crescent
requesting relief from Section 4.7.2, Table 4-2, of Zoning By-law 2019-051 to permit a
Single Detached Dwelling with an Additional
Dwelling Unit (ADU) (Attached), a Duplex, whereas this Home Occupation is only
permitted in a Single Detached Dwelling, generally in accordance with drawings
prepared by Effriel Dela Paz, submitted with Minor Variance Application A2024-072,
BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit a home
occupation (catering service establishment) to be permitted in a single detached
dwelling with an additional dwelling unit (attached).
The key finding of this report is that the requested minor variance meets all four tests
of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located on the east side of Topper woods Crescent, near the
intersection of Robert Ferrie Drive and Topper Woods Crescent, in the Doon South
neighbourhood.
Figure 1 Location of subject property (outlined in Red)
The subject property is identified as a Urban Structure and
Low Rise Residential
Low Rise Residential Four Zone (RES-4-law 2019-
051.
The purpose of the application is to permit a home occupation (catering service
establishment) in a single detached dwelling with an Additional Dwelling Unit (ADU)
(Attached), a Duplex, whereas this home occupation is only permitted in a single detached
dwelling. All other regulations of the Zoning By-law will be met, including parking.
The applicant advised Staff that the catering service establishment will be located in one
room on the first floor, and that the site is not currently operating as a duplex, nor does the
applicant intend to rent out the other unit. Further, Staff were informed that the applicant
considered removing the legal duplex status, but ultimately decided to keep this status so
it does not have to be reestablished if they plan to sell the property in the future.
Figure 2 Proposed floor plan.
Figure 3 Survey plan for 565 Topper Woods Crescent.
Planning Staff conducted a site visit on August 30, 2024.
Figure 4 View of 565 Topper Woods Crescent from the street.
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 property is designated as Low Rise Residential which places emphasis on
compatibility of building form with respect to massing, scale, and design to support
successful integration of different housing types. It also places emphasis on the
relationship of housing to adjacent buildings, streets, and exterior areas. The existing use
of the site as a Single Detached Dwelling with one Additional Dwelling Unit (ADU)
(Attached) is permitted. The massing and scale of the building is not changing. The
addition of an accessory home occupation is in keeping with the intent of the residential
designation and therefore the proposed variance meets the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation prohibiting a catering service establishment as a home
business in a dwelling with two units is to ensure that a home occupation does not
negatively impact any other occupants in the building. Staff were advised that there will be
no clients/customers coming to the premises as all orders will be completed through
delivery and transactions done online.
Additionally, as noted in the background section of the report, the home occupation is
proposed to be limited to one room on the first floor, 15.4 square metres in area. The
Zoning by-law would permit an area of 50 square metres. The applicant further advised
staff that they are not using the property as a duplex, with immediate family residing in
both units of the house, and they do not intend to rent out the other unit for as long as the
catering service establishment is in business. Thus, Planning Staff is of the opinion that
the requested variance meets the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The area to be used for the home occupation is one room with a total area of 15.4 square
metres. This is a small portion of the entire building which has a gross floor area of
approximately 334 square metres for the two dwelling units. As noted above, as this
catering service establishment will have minimum impacts to the functionality of the
dwelling and property and there will be no clients coming and going, Staff is of the opinion
that the effects of the variance will be minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable for the appropriate development and use of the residential
building on the subject property as it will facilitate an appropriate home occupation to
operate in a building designed to have two dwelling units. As the business will be limited to
one room and will not attract customers to the property, staff is of the opinion that this
variance is an appropriate use on the property.
Environmental Planning Comments:
No concerns due to no site development work proposed.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. An application has been
made to add the bakery into the existing duplex.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns, no comments
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
GRCA Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Ben, Suchomel, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: August 30, 2024
REPORT NO.: DSD-2024-389
SUBJECT: Minor Variance Application A2024-073- 109 Edgehill Drive
RECOMMENDATION:
That Minor Variance Application A2024-073 for 109 Edgehill Drive, as amended,
requesting relief from Section 4.1 d) of Zoning By-law 2019-051 to permit an
accessory structure to have a building height to the underside of the fascia of 6.8
metres instead of the maximum permitted 3 metres to facilitate the construction of a
pool house at the rear of the subject property on a slope in accordance with
drawings prepared by M. Tomlinson Residential Drafting, dated August 1, 2024, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend the approval of the minor
variance application to facilitate the development of an accessory structure with a
maximum building height to the underside of the fascia of 6.8 metres instead of the
permitted height of 3 metres.
The key finding of this report is that the minor variance meets the four tests set out
within the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located on the southwestside of Edgehill Driveand is located
within the Pioneer Tower Westneighbourhood. The surrounding context of the subject
property is primarily comprised of low-rise residential uses.
Figure 1: Location Map-109 Edgehill Drive (Outlined in Red)
The subject property is identified asaCommunity AreaUrban Structure and
Low Rise Residential
Low Rise Residential OneZone (RES-1)Provision (272) and
Natural Conservation Zone (NHC-1)-law2019-051.The subject property is
also located within Ontario Regulation 41/24.
The purpose of the minor variance application is to review the request to permit an
increased height of an accessorybuilding to facilitate the construction of a pool house at
the rear of the subject property on a slope.
At the time of submission of the Minor Variance Application, the applicant requested relief
from Section 4.1 d) of Zoning By-law 2019-051 to permit a maximum height of 6.8 metres,
whereas a maximum height of 5.5metresto the underside of the fascia is permitted. Upon
further staff investigation it was determined that relief from Section 4.1d) to permit a
maximum height of 6.8 metres, whereas a maximum height of 3metresto the underside of
the fascia is permitted is the appropriate descriptionand not 5.5 metres as advertised.As
the purpose of the variance is to permit a maximum height of 6.8 metresto fascia, and the
variance will remain as shown on the submitted drawings, no additional notice or re-
advertisement is deemed to be required tobeconsidered.
Staff note that Building Permit # 24 113488 was previously approved and issued on June
28, 2024, to permit the construction of a one storey pool shed in the rear yard of a single
detached dwelling. The proposed variance is to permit an increase in height to the
underside of the fascia to add a second storey to the pool shed.
Figure 2: Site Plan (Not to Scale)
RES-1
Pool
House
NHC
Figure 3: Scale to show that no development isbeingproposedwithinNHC-1 lands.
Figure 4: North Elevation
Figure 5: South Elevation
Figure 6: East Elevation
Figure 7: West Elevation
Planning Staff conducted a site visit on August 30, 2024.
Figure 8: Existing site conditions at 109 Edgehill Drive on August 30, 2024.
Pool
Proposed Pool House
Figure 9: Existing locations of the pool and proposed pool house.
Figure 10: Existing view of the proposed pool house from the rear yard.
Figure 11: Existing view of the NHC-1 lands.
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
designation places emphasis on compatibility of building form with respect to massing,
scale, and design in order to support the successful integration of different housing types.
It also places emphasis on the relationship of housing to adjacent buildings, streets, and
exterior areas. The proposed use of the property conforms to the designation, and it is the
opinion of staff the requested variance to be able to construct a detached accessory
structure meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum height to the underside of the fascia is to ensure that
accessory structures are not excessive in height and to ensure neighbouring properties do
not have adverse impacts from large rear yard structures. Due to the slope of the property,
the rear of the property is significantly lower than the front portion where the dwelling is
located. The structure meets the 3-metre height to the fascia regulation at the front and
only the rear wall will be taller than what is permitted. There are also no rear yard
neighbours that would directly face the structure and be impacted by it. Staff is of the
opinion that the requested variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variance can be considered minor as it is the opinion of staff that the increase in
height will only impact the rear view of the property as from the front of the structure it will
meet the regulation. The increase of 3.8 metres for the fascia height at the rear of the
structure will not present any significant impacts to adjacent properties and the overall
neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is appropriate for the development and use of the land as it will facilitate the
construction of the accessory structure, pool house, on a slope.
Environmental Planning Comments:
The work area for the pool/pool house construction is immediately upgradient of the NHC-
1 zone on the lot. This zoning reflects the extent of the Regionally Significant Woodland on
the property. Upgradient of the NHC-1 zone trees exist that may be in shared ownership
with neighbours.
1. The NHC-1 line should be shown on all plans.
2. Trees and their canopies/root zones in/adjacent to the construction in the RES zone
should be shown on the plans, and protectively fenced during construction (see (3)
below). Aaron Hill who provided plans can do this work for the applicant.
3. Erosion and Sediment fencing is shown on the GRCA permit plans and is required.
installed. The City, in order to protect trees to remain after pool / pool house
construction is complete, as well as prevent downstream sedimentation of the
wooded Grand River slope and Regionally Significant Woodland, recommends the
installation of post-and-paige wire tree protective fencing as specified in the
Tree Management Policy-
the GRCA permit, and in a revised location to protect trees to remain. Again, Aaron
Hill can advise the applicant on these measures and amend the plans accordingly.
Planning Staff note that a building permit for a one-storey pool shed, foundation, and its
location was already issued on June 28, 2024. The owner/applicant is advised of
Environmental Planning comments and these measures should be implemented as part of
their current Building Permit Application in progress.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the pool house is obtained prior to construction.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No comments or concerns.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
Grand River Conservation Authority (GRCA) Comments:
The GRCA has no objection to the proposed minor variance application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:
Attachment A GRCA Permit_391_24
June 2, 2024
Magda Cober by email
109 Edgehill Drive
Kitchener,ONN2P 2C6
Re:Application for Permission No. 391/24, Pursuant to Ontario Regulation 41/24.
The Grand River Conservation Authority approved your application on June 25, 2024. The
permit and attached schedules are enclosed. The schedules form part of the permit and
describe the work as approved by the Grand River Conservation Authority. Any changes to
these plans must be reviewed and approved by Grand River Conservation Authority staff.
Please note that this permission is based on existing information, policies, and practices, and
does not bind nor imply that any other permission will be forthcoming. Please review when the
permit expires asper the attached permitand keep a copy of the permit on-site.
If you have questions regarding this letter or the conditions described on the permit, please
contact Andrew Herreman, Resource Planner,at (519) 621-2763 Extension 2228.
Encl.
c.c.Clerk, City of Kitchener
Building Inspector, City of Kitchener
Permit No. 391/24
Grand River Conservation Authority
Under Ontario Regulation 41/24made under the Conservation Authorities Act, R.S.O. 1990, c.
C.27, permission is granted to:
Magda Cober
Whose address for purposes pertaining to this project is:
109 Edgehill Drive
Kitchener, ON N2P 2C6
To execute proposed works in accordance with the following particulars and conditions:
109 Edgehill Drive
Location of Work:
City of Kitchener
Purpose of Work:To install a pool, landscaping wall, and construct a
residential accessory building
This permit is valid from:June 25, 2024
and expires on:June 25, 2026
The attached Schedules form parts of this permit describing the approved work and must be
implemented in order so that the true intent of the permit can be achieved.
The Permittee, by acceptance and in consideration of the issuance of this permit, agrees to the
Dated at Cambridge, Ontario, this25thday of June,2024
GRAND RIVER CONSERVATION AUTHORITY
Samantha Lawson,
Chief Administrative Officer
391/24
Schedule "A" -Application for Permit Pursuant to
Ontario Regulation 41/24
(Prohibited Activities, Exemptions and Permits Regulation)
Please read, complete each section as required, attach fee payment and sign and date this application.
Payment must be addressed to the Grand River Conservation Authority. Applications can be mailed to:
Grand River Conservation Authority Administration Office
400 Clyde Road, P.O. Box 729, Cambridge, Ontario N1R 5W6
Telephone: 519-621-2761 Fax: (519) 621-4945
Owner’s Contact Information:
Magda Cobermagda.cober@gmail.com
Name:E-mail:
109 Edgehill DriveKitchener
Mailing Address:City/Town:
N2P 2C6
Postal Code:Business Telephone:
5194966566
Residential Telephone:Fax:
Agent/Consultant/Contractor’s Contact Information
Name:E-mail:
Mailing Address:City/Town:
Postal Code:Business Telephone:
Residential Telephone:Fax:
Location of Proposed Work:
109 Edgehill Drive, Kitchener
Municipal Address:
CITY OF KITCHENERREGIONAL MUNICIPALITY OF
City/Town/Village:County/Region:
Lot and Concession:Township:
Application Type (check which applies). Refer to Fee Schedule on Pages 3 and 4.
Minor Development
Minor Interference with Wetlands, Alteration to Shorelines & Watercourses
Standard Development
Standard Interference with Wetlands, Alteration to Shorelines & Watercourses
Major Development
Major Interference with Wetlands, Alteration to Shorelines & Watercourses
Description of Proposed Work:
Sheds, garages, gazebo and outbuildings
Please Note: This application must include appropriate plan(s) showing the proposed work. Pre-
consultation prior to submission is encouraged to confirm required information, plans, reports,
and studies as applicable.
Residential
Current Land Use:
Proposed Change in Use (if any):
I declare that I have read and agree to the General Conditions of Permit on the reverse of this
form and that all information provided is true.
Signature of Owner: Date:
Signature of Agent: Date:
April 1, 2024
GENERAL CONDITIONS OF PERMIT
1. This permit does not absolve the permittee of the responsibility of obtaining necessary
permission from applicable federal and provincial agencies or local municipalities.
2. The permittee agrees by acceptance of the permit:
(a)to indemnify and save harmless, the Grand River Conservation Authority and its
officers, employees, or agents, from and against all damage, injury, loss, costs,
claims, demands, actions and proceedings, arising out of or resulting from any act or
omission of the permittee or of any of his agents, employees or contractors relating
to any of the particular terms or conditions of thispermit.
(b) that this permit shall not release the permittee from any legal liability or obligation
and remains in force subject to all limitations, requirements and liabilities imposed by
law.
(c) that all complaints arising from the proposed works authorized under this permit shall
be reported immediately by the permittee to the Grand River Conservation Authority.
The permittee shall indicate any action which has been taken, or is planned to be
taken, with regard to each complaint.
(d) to provide certification of conformance to ensure compliance with the intent of the
permit. This certification must be provided by an accredited professional and is to be
submitted as may be specified in the permit.
3. Authorized representatives of the Grand River Conservation Authority will be granted
entry at any time into lands which are the subject of this permit application in order to
make such surveys, examinations, investigations, inspections or other arrangements
which such representatives deem necessary.
4. The Grand River Conservation Authority may add conditions of approval or cancel this
permit in accordance with the Conservation Authorities Act and/or Ontario Regulation
41/24.
5. This permit shall not be reassigned (non-transferable).
6. Permits are valid for up to two years unless otherwise noted on the permit. The
maximum period of validity of a permit, including extensions, is 60 months. No notice will
be issued on expiration of the permit, and it is the responsibility of the permittee to
ensure a valid permit is in effect at the time work is occurring.
7. Requests to consider a permit extension must be received 60 calendar days before the
expiry date on the permit.
8. The Grand River Conservation Authority may make copies of Schedule A and materials
submitted in conjunction with Schedule A, as required, for the purposes of assessing the
proposal and, where approved, to form part of the permit issued.
9. The Grand River Conservation Authority may request that GIS data files be submitted as
part of Schedule A, to be used for business purposes pursuant to Regulation 41/24.
NOTICE OF COLLECTION
Pursuant to section 29(2) of the Municipal Freedom of Information and Protection of Individual
Privacy Act R.S.O 1990, C.M.56 the personal information contained on this form is collected
under the legal authority of the Conservation Authorities Act, R.S.O. 1990, c.27, as amended.
This information is used to assess applications for and, where approved, issue the Permit.
Information on this form may be disclosed to Government and Municipal Agencies for review and
comment. The name of the applicant, location of the work and a description of the project may be
published in GRCA documents including agendas, reports and meeting minutes which are posted
on the GRCA website. Questions about the collection of personal information should be directed
to the Freedom of Information Coordinator, Administration Division, Grand River Conservation
Authority, 400 Clyde Road, P.O. Box 729, Cambridge, Ontario, N1R 5W6, (519) 621-2761.
GRCA Permit, Plan Review, Title Clearance, and Inquiry Fee
Schedule 2023-2024
Please refer to the Fee Notes outlined below for more details.
Permit Fee Schedule
Note: Applicants are encouraged to apply online on the GRCA Permits Application Page.
Minor -Low risk of impact on natural hazards or natural feature. No technical reports required
$465
Fee for Development Applications
$465
Fee for Alterations or Interference with Wetlands,
Shorelines and Watercourses Applications
Standard -Moderate risk and/or potential impact on natural hazards or natural features. Detailed report
and/or plans, site visit required
$675
Fee for Development Applications
$1,185
Fee for Alterations or Interference with Wetlands,
Shorelines and Watercourses Applications
Major - Requires one or more reports (Environmental Impact Study, Hydraulic Analysis, Stormwater
Management, Geotechnical, etc.)
$10,230
Fee for Development Applications
Culvert/Bridge replacement
Fee for Alterations or Interference with Wetlands,
$6,710
Shorelines and Watercourses Applications
All other applications
$10,230
33
Large Fill -over 1,000m $10,230 plus $0.50/m
Works initiated prior to GRCA approval 2 times the fee for the category
Rural Water Quality Programs or GRCA projects$90
Permit Extension $90
Plans amended to an approved permit $90
Inquiry Schedule
Title Clearance, Real Estate, and other Inquiry Fee (per $255/property
request)
Plan Review Fee Schedule
Subdivision and Vacant Land Condominium
$2,505
Base fee
$1,305/hectare
Per net hectare
$1,670
Applicant driven modification
$6,708
Final clearance for registration of each stage: technical
review required
$255
Final clearance Processing Fee: no reports or review
required
th
$575
Fourth (4) and subsequent submission for review
(same report)
Plan Review Fee Schedule
Official Plan and/or Zoning Bylaw Amendment
$2,500
Major
$465
Minor
Consent
$1,185
Major
$465
Minor
Minor Variances
$675
Major
$300
Minor
Site Plan Approval Applications
$3,515
Major
$465
Minor
Complex Applications $10,230
Below Water Table Aggregate Applications
$10,230
No features of interest within 30 metres of licence limit
$42,850
Features of interest within 30 metres of licence limit
Above Water Table Aggregate Applications
$465
No features of interest within 30 metres of licence limit
$10,230
Features of interest within 30 metres of licence limit
2024 Fee Notes
On April 1, 2024, the Prohibited Activities, Exemptions and Permits Regulation
(Ontario Regulation 41/24) came into effect. This regulation replaces the Development,
Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario
Regulation 150/06). This Fee Schedule was updated on April 26, 2024 to reflect changes
resulting from the new Regulation.
1. All fees are made payable and submitted directly to Grand River Conservation Authority.
2. Applicants are encouraged to consult with staff prior to submission of all applications to
determine the extent and nature of the information required to accompany the application, and
to determine the appropriate fee.
3. Applicants are encouraged to submit Permit applications through the GRCA’s online Permit
Application System after pre-submission consultation where appropriate.
4. Permit applications that fall into one or more categories will be charged one fee, at the highest
rate.
5. Plan review applications that fall into one or more categories will be charged one fee, at the
highest rate.
6. The Conservation Authority may provide a refund or require the applicant submit additional
funds for a permit or plan review fee if it is found that an incorrect fee has been submitted.
7. Minor Categories – Low risk of impact on natural hazards. Plans required. No technical reports
or site visits required.
8. Standard Permit Category – Moderate hazard risk and/or potential impact on natural hazards.
Detailed plans required. Scoped technical reports and/or site visits required.
9. Major Permit Category– High hazard risk and/or potential impact to natural hazards. Detailed
plans required. One or more technical report required (Environmental Impact Study, Hydraulic
Analysis, Storm Water Management, Geotechnical, etc.). Development permit applications for:
golf courses, trailer parks, campgrounds, lifestyle communities will be considered as a major
permit.
10. Major Plan Review Category– High or Moderate hazard risk and/or potential impact on natural
hazards s. Detailed plans required. One or more technical reports (may be scoped) are
required, and a site visit may be required.
11. Complex Plan Review Category - Planning Act (e.g. OPA/ZC) and/or Site plan applications for:
golf courses, trailer parks, campgrounds, lifestyle communities.
12. Large Fill - The fee is applicable to material placed within the Conservation Authority’s
regulated areas. Grading associated with Planning Act approvals is not considered a large fill
application.
13. Major permit applications that have previously paid application or clearance plan review fees to
the GRCA will be charged fees under the Minor or Standard category.
14. Permit fees are non-refundable, except where review indicates that no permit is necessary.
15. Permit Extension – Permits are valid for up to 24 months unless otherwise specified on the
permit. An application for an extension is $90 and must be requested at least 60 calendar days
before the expiry of the permit. Extensions will not be granted after the expiry date and will
require a new application, full review, and the Schedule of Fees in effect at the time of
submission will apply. The maximum period of validity of a permit, including extensions, is 60
months.
16. The subdivision or vacant land condominium base fee including per net hectare fee will be
capped at $30,000.
17. The net hectare fee will be based on the initial submission and will exclude lands outside of the
development limit (e.g. natural hazard, natural heritage areas and buffers). Stormwater
management facilities and other open space or park uses are to be included in the net hectare
fee calculation.
18. At the submission of a subdivision or vacant land condominium application, 70% of the base
fee and per net hectare is required. Prior to issuance of conditions of draft plan approval, the
remaining 30% of the fee is required.
19. A Processing Fee will apply for a clearance letter for a subdivision or condominium application
where no technical review/reports (e.g. no Erosion and Sediment Control plan, SWM brief, etc.)
are required.
20. For Aggregate Applications, features of interest include all natural hazards including wetlands
and watercourses.
21. Responses to Title Clearances, Real Estate and other Inquiries includes: Correspondence and
mapping related to natural hazards and areas regulated under Ontario Regulation 41/24.
+300.00
0.23m
1R
HIGH
+299.77
9R
3R
0.23m
+298.73
HIGH
+299.23
+299.50
+298.73
7R
82.56
+299.41
0.77m 206.94
HIGH
0.68m
+298.73
0.18m
HIGH
HIGH
+299.23
3R
+299.41
+298.85
0.68m
HIGH
23'-7 3/8"
298.73
+
298.73
+
+298.58
244.14
9'-3 7/8"20'-0"7'-10 5/8"
4:1
298.73
+297.75
+
297.65
+
3'-11 3/4"
40'-0"
MECHANICAL ROOM BELOW
298.73
+
298.73
+
3R
+296.00
0.6mHIGH
2.73mHIGH
+298.15
0.6m
HIGH
+297.55
0.6mHIGH
+296.95
+295.60
1.45m
HIGH
+295.00
20mOFFSET
from
292.5m
ELEVATION
(FROM T.O.D)
1'-8"
8"
1'2"
1'-4"
1"
(TROUGH)
10"
5"
1 1/2"
4 3/4"
3 1/2"
7 1/2"
34
38
A
3'-0"
5'-0"5'-0"5'-0"5'-0"
2'-0"
2'-0"
BASIN)
(WATER LEVEL
2'-6"
1'-0"
4"
A
1
3'-9"1'-0"2'-0"
1'-0"
1'-6"
1'-0"
6"
6"
6"
1'-6"
6"6'-0 3/4"
6"
4"
2'-2 1/2"
4"
6 1/2"
4"
1'-0"
2'-0"
IN
OUT
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 2024 via email
GRCA File: A2024-073 109 Edgehill Drive
Marilyn Mills
City of Kitchener
200 King Street West
Kitchener, ON N2G 4O7
Dear Marilyn Mills,
Re: Application for Minor Variance A2024-073
109 Edgehill Drive, City of Kitchener
Todd and Magda Cober
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor
variance application.
Recommendation
The GRCA has no objection to the proposed minor variance application.
GRCA Comments
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the subject property contains
floodplain, valley slopes, erosion hazard, and the regulated allowance adjacent to these
features.
Due to the presence of the above-noted features, a portion of the subject property is
regulated by the GRCA under Ontario Regulation 41/24 Prohibited Activities,
Exemptions and Permits Regulation. Any future development or other alteration within
the regulated area will require prior written approval from GRCA in the form of a permit
pursuant to Ontario Regulation 41/24.
The proposed minor variance application requests an increased accessory structure
height to facilitate the construction of a pool shed. GRCA recently issued Permit #391-
24 for the proposed pool shed and the plans circulated with this application are
consistent with the plans approved under the GRCA permit noted above. As such, the
GRCA has no objection to the approval of this minor variance application.
2024 approved fee schedule, this application is considered a
minorminor variance and the applicant will be invoiced in the amount of $300.00for
Should you have any questions, please contact me at 519-621-2763 ext. 2228 or
aherreman@grandriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Copy:Todd and Magda Cober(via email)
Author: ah
Date: Aug 30, 2024
Legend
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 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: 8
DATE OF REPORT: August 29, 2024
REPORT NO.: DSD-2024-386
SUBJECT: Minor Variance Application A2024-074 - 177 Esson Street
RECOMMENDATION:
That Minor Variance Application A2024-074 for 177 Esson Street requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 4.14.7 b) to permit the front porch to be setback 2 metres from the
street line instead of the minimum required 3 metres;
ii) Section 4.14.10 to permit steps, that exceed 0.6 metres above grade, to be
setback 1 metre from the street line instead of the minimum required 3 metres;
and
iii) Section 4.5 a) to permit a portion of the porch, 0.98 metres in height, to be
located within the Driveway Visibility Triangle (DVT) instead of the maximum
permitted height of 0.9 metres permitted in the Driveway Visibility Triangle
(DVT);
to facilitate the reconstruction of the front porch and steps in the front yard of the
subject property, generally in accordance with the drawings prepared by the owner
and the drawings submitted to the building permit prepared by Nathan Siemon,
dated July 9, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to allow for the reconstruction
of the front porch and steps in the front yard of the subject property.
The key finding of this report is that the requested minor variances meet the four tests
of the Planning Act
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the Westmount neighbourhood, north of Union
Boulevard and east of Belmont Avenue West. It currently contains a two-story Single-
Detached Dwelling with a detached garage in the rear yard.
Figure 1: Location Map.
Figure 2: Zoning Map.
Urban Structure and is
--law 2019-
051.
The purpose of the application is to review minor variances to allow for the reconstruction
of the front porch and steps in the front yard of the subject property. The existing house
had an enclosed porch that the current owner wants to reconstruct. The newly constructed
front porch and steps will result in the following variances:
The front porch is 2 metres from the front lot line.
The front steps are 1 metre from the front lot line.
Part of the front porch exceeds the height permitted in the Driveway Visibility
Triangle (DVT).
Planning staff conducted a site inspection on Thursday, August 28th, 2024.
Figure 3: A photo of the front of the house.
Figure 4: A photo of the driveway, the south side.
Figure 5: A photo of the north side.
Figure 6: The proposed site plan drawing.
Figure 7: Front of the Dwelling Proposed North Elevation.
Figure 8: Proposed East and West Elevations.
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
Land Use. This
designation places emphasis on 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 variances will facilitate the replacement of an existing porch on a
permitted residential use and will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The Zoning By-law contains regulations to permit the projection of a porch and front steps
into the front yard setback. The intent of these regulations is to encourage designs that
enhance outdoor living spaces, support the extension of residential outdoor living area and
allowing interaction between residents and the neighbourhood. The height of the porch is
limited to maintain the streetscape and to ensure that the porch and steps are accessible
to the street and not a barrier for the sidewalk and/or driveway.
The proposed front porch will be built on the existing foundation of the previous porch,
maintaining the property's current character and design. Though the front porch is
proposed to be 2 metres from the front lot line rather than the required 3 metres, it will be
unenclosed and located similarly with other properties in the area. Its design will not
overwhelm the streetscape, as it will be in line and compatible with adjacent properties.
In addition, with the height of the front door and proposed front porch, the height of the
steps will be slightly higher than 0.6 metres in height, requiring a 3 metre setback. As the
steps do not extend across the entire length of the front porch, staff are of the opinion that
a proposed setback of 1 metre for the steps is appropriate to support the front porch.
While a portion of the porch is within the Driveway Visibility Triangle (DVT), only a small
portion is above 0.9 metres but below 1.0 metres in height. Transportation planning did not
have concerns with it based on the location of the existing home. Therefore, it will not
create a major obstruction to driving. It will also improve the situation, as the new
proposed porch will be open while the previous one was enclosed.
Based on the above,
Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variances to permit the front porch to be located 2 metres instead of 3
metres and for the front steps to be located 1 metre instead of 3 metres, can be
considered minor in nature as the variances will not negatively affect neighbouring
properties. The porch's reduced setback maintains a reasonable distance from the street,
ensuring it does not encroach into the right-of-way or create privacy concerns. The porch
portion within the Driveway Visibility Triangle (DVT) is 0.98 metres in height, while
obstructions up to 0.9 metres are permitted. The porch's open, low-profile structure
ensures that visibility for vehicles and pedestrians will not be compromised.
The front porch will be built on the existing footprint width of the removed enclosed porch and
extend across the front of the dwelling. The built form of the porch will also match the
neighbourhood characteristics, and the part of the porch within the driveway visibility tringle
will not create any additional barrier for visibility.
-mentioned variances may be
considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff is of the opinion that the variances are appropriate and desirable as they will facilitate
the reconstruction of an existing front porch and will improve the front elevation of the
existing house.
Environmental Planning Comments:
There are no natural heritage features or functions and no trees in the work zone. No
concerns.
Heritage Planning Comments:
The property is located adjacent to the Westmount East & West Neighbourhood Cultural
Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by
Council in 2015. The CHLS serves to establish an inventory and was the first step of a
phased Cultural Heritage Landscape (CHL) conservation process. Staff have no
comments or concerns regarding this application.
Building Division Comments:
The Building Division has no objections to the proposed variance. An application has been
made for the replacement of the front porch.
Engineering Division Comments:
No concerns
Parks/Operations Division Comments:
No concerns, no comments
Transportation Planning Comments:
Based on the location of the existing home, Transportation Services have no concerns
with this minor encroachment into the driveway visibility triangle.
The region of Waterloo Comments:
No concerns
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Sean Harrigan, Senior Planning Technician, 519-741-2200 ext.
7292
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: September 9, 2024
REPORT NO.: DSD-2024-422
SUBJECT: Minor Variance Application A2024-075 - 96 Wood Street
RECOMMENDATION:
That Minor Variance Application A2024-075 for 96 Wood Street requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 6, Table 6-3, as amended by By-law 2024-065, to permit a Multiple
22
Dwelling on a lot area of 393 m instead of the minimum required 450 m;
ii) Section 6, Table 6-3, as amended by By-law 2024-065, to permit a minimum
front yard setback of 3.8 metres instead of the minimum required 4.5 metres;
iii) Section 6, Table 6-3, as amended by By-law 2024-065, to permit a minimum
exterior side yard setback of 2.5 metres instead of the minimum required 4.5
metres;
iv) Section 6, Table 6-3, as amended by By-law 2024-065, to permit a maximum
building height of 12 metres instead of the maximum permitted building height
of 11 metres; and
v) Section 4.5.a) to permit a 1.83 metre (6 foot) fence within one side of the
Driveway Visibility Triangle (DVT) instead of the maximum permitted height of
0.9 metres;
to facilitate the development of an 8-unit Multiple dwelling, generally in accordance
with drawings prepared by Masri O Inc. Architects, dated October 18, 2023, revised
August 2, 2024, BE DEFERRED until December 10, 2024, or earlier, in accordance
with the following:
1. That the Owner/Applicant prepare, submit and obtain approval of a Tree
Protection and Enhancement Plan to demonstrate full protection of City-owned
street trees adjacent to this property, that these trees will be protected to City
standards throughout demolition and construction as per Chapter 690 of the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
current Property Maintenance By-law, and that the requested minor variances
would meet the 4 tests in the Planning Act.
2.That the Owner/Applicant prepare, submit and obtain approval of a Planning
Justification Report to demonstrate how the proposal will meet the Official Plan
Policies for the Gildner Green Neighbourhood Cultural Heritage Landscape, with
particular attention to Policies 11.C.1.35 and 15.D.2.5, and having regard for the
Tree Management and Enhancement Plan, to support that the requested minor
variances would meet the 4 tests in the Planning Act.
REPORT HIGHLIGHTS:
The purpose of this report is to review the requested minor variances to allow for the
development of an 8-unit Multiple Dwelling on 96 Wood Street.
The key finding of this report is that staff are not satisfied that the proposed
development is appropriate for this area and property until the applicant demonstrates
that the existing City trees will be preserved through a study prepared by a qualified
professional and that the proposal will meet the Cultural Heritage Policies for the
Gildner Green Neighbourhood Cultural Heritage Landscape.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the K-W Hospital neighbourhood and is situated on the
northwest corner of the intersection of Wood Street and York Street. The property has
approximately 28 metres of frontage on York Street and 17 metres of frontage on Wood
Street. The property currently contains a single detached dwelling and detached garage,
both which will be removed. There is also an existing fence located within the City
boulevard along York Street.
96 Wood Street
Figure 1: Location Map
The subject property is identified as a on Map 2 Urban
Structure and was previously Low Rise Conservationin the K-W Hospital
Neighbourhood Planas shown on Map 18Secondary Plan1994Official
Plan. Recently, tland use designation changed to Strategic Growth Area A
with the adoption of By-law 2024-062 and approval of OPA 49 by the Region of Waterloo.
The property is currently Residential Five Zone, Special Use Provision 129U (R-5,
129U-law 85-1. The property will be zon
(SGA-1)the appeal to By-law 2024-065 is resolved and this by-law comes into full
force and effect.
The purpose of the application is to review minor variances to allow for the development of
an 8-unit Multiple Dwelling. The proposed Multiple Dwelling is not a permitted use under
the current R-5 zone but will be permitted under the new SGA-1 zone. The proposed 8-
unit Multiple Dwelling requires the following variances:
2
A lot area of 393 m.
A front yard setback of 3.8 metres.
An exterior side yard setback of 2.5 metres.
A building height of 12 metres.
To permit 1.8 metre high fence within the Driveway Visibility Triangle (DVT).
Figure 2: Site Plan
Figure 3: Building Elevation (Wood Street Façade)
Figure 4: Front of Existing House (Wood Street Façade)
Figure 5: Existing Driveway and Detached Garage
Figure 6: Existing House and Wood Street Streetscape
Figure 7: York Street Facing North Directly Beside Subject Property
Figure 8: Proposed Driveway Location between City tree and Utility Box
Figure 9: Location of City Trees
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:
The proposed 8-unit Multiple Dwelling is not permitted under the current R-5Zone but will
be permitted once the SGA-1 Zone comes into full effect. As such, the requested
minor variances were reviewed against the SGA-1 Zone and associated Official Plan
amendment.
General Intent of the Official Plan
Official Plan Amendment (OPA) 49 (By-law 2024-062) incorporated modifications to the
text and mapping of the Official Plan in order to implement a new land use planning
Plan amendment changed thStrategic Growth Area A.
Strategic growth area land use designations are applied within the Urban Growth Centre
and Protected Major Transit Station Areas. These lands will provide opportunities for all
housing types and a range of commercial, employment, and institutional uses to create
complete communities. Lands within Protected Major Transit Station Areas shall be
planned to achieve minimum densities, with the target for Grand River Hospital Station
being 160 residents and jobs combined per hectare as per Section 3.C.2.18. as amended
by OPA 49. The proposed development will have 203 residents per hectare and will
contribute to the diversity of housing types.
As per Official Plan Section 11.C.1.37., as amended by OPA 49, the City will require
development and/or redevelopment in a Protected Major Transit Station Area to support
and contribute to a high quality public realm. To do this, the City will require a high quality
public realm at grade which includes sidewalks, street furniture, street trees, and
landscaping. The City will also require developments to support, maintain and/or increase
Strategy. The subject property currently abuts several mature City trees, as shown in
Figure 9, that form an essential component of the streetscape character in addition to
contributing to the high quality public realm, as shown in Figures 5-8. The proposed 8-unit
Multiple Dwelling with reduced front and exterior side yard setbacks appears to encroach
into the critical root zone of these mature City trees which poses a significant risk to their
immediate and long-term retention. Ensuring the retention of these trees is critical to
satisfying this Official Plan policy and as such, staff must recommend refusal for the
variances until the applicant demonstrates that all City trees will be retained.
Official Plan policy 15.D.2.5., as amended by OPA 49, states that site specific applications
which seek relief from the implementing zoning through a minor variance will consider the
compatibility with the planned function of the subject lands and adjacent lands, suitability
of the lot for the proposed use and/or built form, and other contextual or site specific
factors, amongst other requirements. As noted above, the planned function of the property
and adjacent lands is intensification with a clear requirement for maintaining and
enhancing the streetscape character, particularly as it relates to City trees. As for the
suitability of the lot, the subject property is undersized for the proposed development and
built form as required by the Zoning By-law. The property might be suitable for the Multiple
Dwelling despite it being undersized, but only if the undersized lot area does not
negatively impact the streetscape character and City trees. As mentioned above, staff
have significant concerns that the proposed development will negatively impact and
require removal of the City trees. As such, staff are of the opinion that the general intent of
this policy cannot satisfied until the applicant demonstrates that the City trees will remain
through an acceptable report and/or plan.
General Intent of the Zoning By-law
The general intent of the Zoning By-law with respect to required lot area, setbacks, and
building height is to ensure the built form is compatible with the existing neighbourhood
and planned function for the property, has sufficient landscaping and outdoor amenity
space, and to prevent over development. To this regard, the proposed 8-unit Multiple
Dwelling is keeping with the planning function for this area, but there are significant
concerns that the reduced lot area and setbacks along with the increase in building height
is over development for this property and neighbourhood. If the applicant can clearly
demonstrate through a qualified professional that the streetscape character and City trees
will remain unchanged, then staff would be satisfied that the general intent of the Zoning
By-law is maintained.
The general intent of the driveway visibility triangle is to ensure the safety of pedestrians
and vehicles when residents are entering or leaving the parking spot. Transportation staff
are satisfied that the proposed obstruction within the driveway visibility triangle does not
compromise safety and that the general intent of the Zoning By-law is maintained for this
specific variance.
Is/Are the Effects of the Variance(s) Minor?
The potential individual and cumulative impact of the minor variances for lot area, building
height, and setbacks is dependent on whether the City trees will be retained. If the City
trees are removed, the massing and built form resulting from the multiple variances for the
proposed 8-unit Multiple Dwelling will have a considerable impact on the existing
neighbourhood character and appear out of place when compared to surrounding
properties. As such, staff are not satisfied the effects of the proposed variances are minor
in nature until the applicant provides evidence that the City trees will remain.
Regarding the driveway visibility triangle, staff are satisfied the proposed variance is minor
in nature given the existing fence and only 1 parking space is proposed.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The surrounding properties on York Street and Wood Street have similar front yard
setbacks to what is proposed on the subject property. However, these surrounding
properties have singled detached dwellings approximately 2 to 2.5 storeys in height with
traditional sloped roofs and mature trees located between the dwelling and travelled road.
The proposed development is 4 storeys in height with a flat roof and significantly more
residential units than surrounding properties and what is permitted on the current lot size.
This increase in massing resulting from the cumulative effect of the proposed variances is
a substantial deviation from the existing neighbourhood character that is further amplified if
the City trees are removed. However, if the City trees are retained, the visual buffer
afforded by the canopy coverage will mitigate potential negative impacts from the
individual and cumulative effects of the proposed variances and help ensure the Multiple
Dwelling is appropriate development for the long term. With that said, staff are not satisfied
the proposed development is appropriate until the applicant proves the City trees will be
retained.
Environmental Planning Comments:
A number of trees are City street trees and parks/Forestry should advise on the proposal
and conditions. A tree on 85 Mount Hope that has potential for shared ownership with the
subject site should also be assessed for impact from the proposed development. Forestry
may wish the applicant to so assess the street trees as part of a Tree Management Plan.
Heritage Planning Comments:
The property municipally addressed as 96 Wood Street is located within the Gildner Green
Neighbourhood Cultural Heritage Landscape, per the Kitchener Cultural Heritage
Landscape Study (CHLS) dated December 2014 and approved by Council in 2015.
The Gildner Green Neighbourhood Cultural Heritage Landscape was recently identified as
a Cultural Heritage Landscape on Map 9 Cultural Heritage Resources in the 2014
Official Plan by OPA 49 Growing Together.
The CHLS identifies the attractive and consistent public realm linked by streetscape,
mature trees, and grass boulevards to be a character defining features of this area.
The following policies apply:
11.C.1.35.New development or redevelopment in a cultural heritage landscape will:
a) support, maintain and enhance the major characteristics and attributes of
the cultural heritage landscape further defined in the City's 2014 City of
Kitchener Cultural Heritage Landscapes;
b) support the adaptive reuse of existing buildings;
c) be compatible with the existing neighbourhood, including but not limited
to the streetscape and the built form; and,
d) respond to the design, massing and materials of the adjacent and
surrounding buildings.
12.C.1.10. The City will require the conservation of significant cultural heritage
landscapes within the city.
15.D.2.5. Notwithstanding policies 4.C.1.8 and 4.C.1.9, site specific applications which
seek relief from the implementing zoning through a minor variance(s) or
amendment to the Zoning By-law, and/or seek to amend this Plan will
consider the following factors:
a) compatibility with the planned function of the subject lands and adjacent
lands;
b) suitability of the lot for the proposed use and/or built-form;
c) lot area and consolidation as further outlined in Policy 3.C.2.11;
d)
e) cultural heritage resources, including Policy 15.D.2.8; and,
f) technical considerations and other contextual or site specific factors.
15.D.2.29. All development or redevelopment will embrace, celebrate and conserve the
Cultural Heritage Resources in the Urban Growth Centre (Downtown) and
Protected Major Transit Station Areas and will be subject to the Cultural
Heritage Resources Policies in Section 12 and subject to any other
supporting documents, adopted by Council, including Heritage Conservation
District Plans.
Through Section 11.C.1.35 of
redevelopment in a cultural heritage landscape will a) support, maintain and enhance the
major characteristics and attributes of the cultural heritage landscape further defined in the
City's 2014 City of Kitchener Cultural Heritage Landscapes and c) be compatible with the
such, Heritage Planning staff have concerns related to the possible encroachment or risk
to the mature City trees which abut the subject property. The retention and maintenance of
these trees should be ensured through the completion of a Tree Management Plan with
demonstration through a Planning Justification Report that the proposal will comply with
Policies 11.C.1.35 and 15.D.2.5.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the new residential building is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
There are several large City owned street trees adjacent to this property and these trees
should be protected to City standards throughout demolition and construction as per
Chapter 690 of the current Property Maintenance By-law. Suitable arrangements including
the submission and approval of a Tree Protection and Enhancement Plan showing
full protection for existing trees; an ISA valuation of City-owned trees and any
required securities or compensation for removed trees will be required to the
satisfaction of Parks and Cemeteries prior to the issuance of a Building Permit.
Please see Urban Design Manual Part C, Section 13 and
www.kitchener.ca/treemanagement
There are existing encroachments onto City lands as shown in the survey included in the
Committee of Adjustment application. Theses encroachments should be removed entirely
and complete restoration of public property to City standards will be expected through the
off-site works related to the Building Permit application.
Transportation Planning Comments:
Transportation Services have no concerns with the encroachment into the driveway visibility
triangle as this is an existing condition with the neighbouring property at 85 Mt. Hope Street.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Official Plan Amendment 49 (By-law 2024-062)
Zoning By-law 2019-051
Zoning By-law Amendment 2024-065
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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
The building's drawing does not include any design elements that integrate with the heritage
and character of the neighbourhood. In addition, this plan does not align with City guidelines.
As per the Urban Design Manual …
Provide a built-form which respects and complements existing neighbourhood
characteristics, including heights, setbacks, orientation, building width and length and
architectural rhythms.
Respect the rhythms of design elements from the existing neighbourhood and
streetscape. This rhythm can be found through massing, materials, details, and
architectural features.
On a street where existing elements (e.g. architectural styles, porches, building
placement, materials etc.) are recurring, new development should reflect some or all of
the key elements, sensitively interpreting these elements to reflect contemporary design
approaches.
Here are some examples of new, quality builds that are well integrated in the neighbourhood
…
65 Gildner Street
123 Wood Street
55 Wood Street
95 Mount Hope
103 Mount Hope
107 Mount Hope
--------------------------
WASTE AND RECYCLING
The applicant has not outlined the mass waste enclosure for the 8-unit plan. While this detail is
not an application requirement, it's disrespectful not to proactively include this information for
adjacent homeowners. Furthermore, there doesn’t appear to be remaining outdoor space in the
plan for a mass waste enclosure.
As per the Urban Design Manual …
Waste storage areas are to be fully enclosed and screened from public view, first
through the thoughtful design of site and building elements (including placement,
orientation and locating the storage area internally to the building), then through
landscape screening, and finally, if other options do not exist, through enhanced
enclosure design.
Provide safe and convenient recycling options including secure and generous sorting
rooms, options for organic materials, and roll-out or outdoor garbage locations that do
not negatively impact the streetscape, shared spaces, or building occupants (noise,
odour).
--------------------------
TREES AND LANDSCAPING
The applicant did not provide a tree preservation plan. Staff are still evaluating tree retention.
Please be aware there is a growth tree situated on the new entrance path and another old
growth tree to the right of the driveway.
--------------------------
It is unfortunate that this landlord has taken an opportunity from a first-time home
buyer/family. We are very concerned that this development will set a precedent in the
neighbourhood. Apparently, this landlord has expressed a development interest in another
nearby home.
I recognize the need for the “Growing Together” initiative however, please respect the
character and heritage of the neighbourhood. Our City standards/guidelines exist for a reason.
My husband and I own/live at . We have lived here for 13 years. Our home is
located kiddy-corner to the proposed development.
Thank you for your time and consideration.
Jennifer Gaunt
From:Sean Harrigan
To:
Cc:Committee of Adjustment (SM); Tina Malone-Wright
Subject:RE: 96 Wood Street Proposed 8-Unit development
Date:Wednesday, September 11, 2024 10:11:54 AM
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Good morning Andrew,
Thank you for your email and comments. The Committee of Adjustment staff will ensure your
comments are provided to the Panel Members for their consideration.
Regards,
Sean Harrigan
Senior Planning Technician, Customer Experience & Project Management | Planning & Housing
Policy Division | City of Kitchener
519-741-2200 ext. 7292 | Sean.Harrigan@kitchener.ca
From: Andrew Wong
Sent: Tuesday, September 10, 2024 3:37 PM
To: Sean Harrigan <Sean.Harrigan@kitchener.ca>
Subject: 96 Wood Street Proposed 8-Unit development
You don't often get email from aLearn why this is important
Hello,
I'm writing to express my concern about the proposed redevelopment of a 8-unit building at 96
wood street. There are a couple concerns I have, namely:
1) Parking is already very congested around the area of that home. I understand this 8-unit building
likely wouldn't have sufficient parking for the residents. It is also understood that while this house is
close to public transit, I would be expected that a majority of the tenants would have a car, and the
unit would not have enough parking space.
2) The neighborhood has a particular character, where most buildings in that area are not too tall,
and have brick finishing. I feel this building may not ensure the character of the neighborhood.
Please let me know if you have any questions for me,
Thanks!
Andrew Wong
From:Sean Harrigan
To:
Cc:Committee of Adjustment (SM); Tina Malone-Wright
Subject:RE: Redevelopment of 96 Wood Street Kitchener
Date:Wednesday, September 11, 2024 10:17:05 AM
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Good morning Elizabeth,
Thank you for your email and comments. The Committee of Adjustment staff will ensure your
comments are provided to the Panel Members for their consideration.
Regards,
Sean Harrigan
Senior Planning Technician, Customer Experience & Project Management | Planning & Housing Policy
Division | City of Kitchener
519-741-2200 ext. 7292 | Sean.Harrigan@kitchener.ca
From:
Sent: Wednesday, September 11, 2024 9:29 AM
To: Sean Harrigan <Sean.Harrigan@kitchener.ca>
Cc:
Subject: Re: Redevelopment of 96 Wood Street Kitchener
You don't often get email fromLearn why this is important
Hello Sean,
This email is regarding the proposed redevelopment of an eight unit rental building at 96 Wood St.
Kitchener.
I have lived in my home now for almost 66 years. I have raised my 5 children in this home and
enjoyed watching many other families grow up in the homes on my street. I do understand the
importance for intensification within major transit station areas but I request that the city and the
committee respect the “culture heritage landscape” of our area. As for the building height please
have the building restricted to the bylaws 11-meter limit. The 12-meter height of the proposed
building does not fit within the character of the neighbourhood. The following photo is the character
of the homes on Wood St.
Another concern is parking. Street parking is already overwhelmed, especially with non residents
from Grand River Hospital parking here. York and Wood St. are congested now and any additional
units would strain the situation further. As it is two way traffic cannot get through on York and Wood
St. with all the cars parked at the side of the road.
As you can see in this photo there is not room for two way traffic on York St. We have the same issue
on Wood St!
As for design of the building please ensure there is parking for all the units and the materials (brick,
finishes, and front porches) as well as the overall structure and landscaping integrates with my
neighbourhood.
Sincerely,
Elizabeth Beyers
From:
To:Committee of Adjustment (SM)
Subject:96 Wood St.
Date:Thursday, September 12, 2024 9:01:31 AM
\[You don't often get email from Learn why this is important at
https://aka.ms/LearnAboutSenderIdentification \]
Paul Koop
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Dear Members of the Committee,
I am writing to express my opposition to the proposed development of
an 8-unit building at 96 Wood Street. Understanding the city's goals
for intensification, I urge the Committee to carefully consider the
impact this development will have on our neighbourhood’s unique
character and landscape – many of the homes in the neighbourhood were
built for Dominion Tire factory employees.
One major concern is the proposed building height of 12 meters. This
exceeds the bylaw’s 11-meter limit and does not align with the
character of our neighbourhood. This size of building would be
inconsistent with the lower-scale nature of the area. A building of
this height would disrupt the visual harmony and aesthetic value that
defines our community.
Parking is another significant issue – our current parking situation
is already strained. Street parking is frequently overwhelmed,
exacerbated by non-residents such as hospital staff who use our
streets as overflow parking. Current parking restrictions, including
2-hour limits and ticketing for hospital employees, highlight the
existing challenges. Introducing additional units will only intensify
this problem, making it even more difficult for residents to find
adequate parking.
Lastly, the preservation of trees and landscaping is crucial. Although
there is no bylaw preventing tree removal, I ask that the Committee
require the developer to implement a comprehensive landscaping plan
that replaces any removed trees. This would help maintain the natural
beauty and environmental quality of our neighbourhood.
Thank you for considering my concerns.
Sincerely,
Paul Koop
From:
To:Committee of Adjustment (SM)
Cc:Sean Harrigan
Subject:96 Wood St Alteration
Date:Thursday, September 12, 2024 10:59:05 AM
\[You don't often get email from Learn why this is important at
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I saw the sign on the lawn at 96 Wood St and thought they would have "a" rental unit, that’s in line with
the area and would not change the ambiance here, but a massive 8 unit complex on the corner of Wood
and York would cause chaos in the area. There are already hospital staff and hospital visitors already
taking up the entire street, so there is very little parking already for the people who call this place home;
no parking planned for 8 more families in this tiny place will only exacerbate the problem. With a 2 hour
max parking on the street, anyone living there would not be able to stay more than 2 hours, and there is
no overnight parking, there will be no place for them. This is a peaceful area of homes secluded with
dead end street which help keep it quiet, building an oversized monstrosity would destroy the quant
community and ruin the century old character and culture of the area. To try and force in that many units
it will have to be a oversized 40+ foot tall leviathan taking up the entire lot, obliterating the natural
beauty and devastating the look and feel of our cosy locality. The city is growing and we need more
housing, but put giant housing complexes in the busier areas and leave cute little neighbourhoods alone.
The beautiful houses and trees make this part of town special, building a gigantic housing block in the
middle of this community would be a mistake and I feel this would devastate the whole area. Please
don’t alter this beautiful spot, it is a small paradise that could be lost with this proposal. Thank you for
your time and understanding in this matter.
neighborhood. Here are my specific concerns:
Proportion and Balance:
The proposed building’s size and height are disproportionate compared to existing structures
in the neighborhood. According to the Urban Design Manual, new buildings should respect the
existing context and massing, avoiding significant discrepancies in size. The proposed building
appears significantly larger and does not reflect a harmonious integration with the surrounding
structures.
• Respect existing and planned contexts, heights, building lengths and massing.
Ensure new buildings do not appear substantially larger than the existing buildings.
If a larger building is proposed, its massing should be subdivided into smaller,
compatible pieces.
• Maintain the neighbourhood’s prevailing pattern of lot widths, lot depth and lot
area.
• Complement the existing development pattern of the neighbourhood in terms of
building location, building height, landscaping, setbacks, entrances, windows and
other architectural elements. The use of repetitive or generic design is
discouraged.
Design and Materials:
The design presented is described as "contemporary/modern cookie-cutter" and lacks
elements that reflect the character and heritage of our neighborhood. The Urban Design
Manual emphasizes the importance of integrating new developments with the existing
architectural rhythm, including respect for building height, setbacks, and materials. The
proposed design does not seem to align with these guidelines and fails to complement the
existing development patterns.
• Provide a built-form which respects and complements existing neighbourhood
characteristics, including heights, setbacks, orientation, building width and length
and architectural rhythms.
• Respect the rhythms of design elements from the existing neighbourhood and
streetscape. This rhythm can be found through massing, materials, details, and
architectural features.
• On a street where existing elements (e.g. architectural styles, porches, building
placement, materials etc.) are recurring, new development should reflect some or
all of the key elements, sensitively interpreting these elements to reflect
contemporary design approaches.
Here are some examples of new, quality builds that are well integrated in the neighbourhood
…
65 Gildner Street
123 Wood Street
55 Wood Street
95 Mount Hope
103 Mount Hope
107 Mount Hope
Waste and Recycling:
The application does not provide details on waste and recycling storage, which is crucial for
the quality of life of adjacent homeowners. The lack of information about waste management
and the apparent absence of designated outdoor space for waste enclosures are concerning.
• Waste storage areas are to be fully enclosed and screened from public view, first
through the thoughtful design of site and building elements (including placement,
orientation and locating the storage area internally to the building), then through
landscape screening, and finally, if other options do not exist, through enhanced
enclosure design.
• Provide safe and convenient recycling options including secure and generous
sorting rooms, options for organic materials, and roll-out or outdoor garbage
locations that do not negatively impact the streetscape, shared spaces, or building
occupants (noise, odour).
Trees and Landscaping:
The absence of a tree preservation plan is troubling, especially since there are significant
growth and old-growth trees on the property. These trees contribute to the character of our
neighborhood, and their preservation should be a priority.
Impact on Neighborhood:
This development may set a concerning precedent in our community, especially considering
that the landlord has shown interest in redeveloping other nearby properties. Such large-scale
changes could significantly alter the character of our neighborhood, which is a vital aspect of
our community’s identity.
While I understand the need for growth and development, I respectfully urge the Committee to
consider these concerns in light of maintaining the character and standards of our
neighborhood. The existing City guidelines and standards are in place to ensure balanced and
respectful development, and I believe adherence to these principles is crucial. Our
neighbourhood and local community is unique and we would like to keep it that way.
Thank you for your attention to these matters. I appreciate your consideration and hope for a
decision that respects the heritage and character of our community.
Sincerely,
Will Rogers
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-399
SUBJECT: Minor Variance Application A2024-076 332 Charles St. E.
RECOMMENDATION:
That Minor Variance Application A2024-076 for 332 Charles Street East requesting
relief from Appendix D, Special Regulation Provision 803R of Zoning By-law 85-1 to
permit the following:
i) a minimum ground floor building height along Charles Street of 4.2 metres
instead of the minimum required 4.5 metres;
ii) a minimum westerly side yard abutting a street (Betzner Avenue South) of 6.9
metres at 6 storeys or greater instead of at 5 storeys or greater;
iii) a maximum westerly side yard abutting a street (Betzner Avenue South) of 7.1
metres at 6 storeys or greater instead of at 5 storeys or greater;
iv) a minimum easterly side yard setback of 6.8 metres for 6 storeys to 14
storeys instead of the minimum required 4.9 metres from 5 storeys to 14
storeys;
v) a maximum easterly side yard setback of 7 metres for 6 storeys to 14 storeys
instead of the maximum permitted 5.1 metres for 5 storeys to 14 storeys;
vi) a minimum easterly side yard setback of 6.8 metres at 15 storeys or greater
from the minimum required 6.9 metres at 15 storeys or greater;
vii) a maximum rear yard setback of 9.7 metres at 6 storeys or greater from the
maximum permitted 9.1 metres at 5 storeys or greater;
viii) a maximum front yard setback of 3.2 metres at 15 storeys or greater from the
maximum permitted 1.9 metres at 15 storeys or greater;
ix) a minimum easterly side yard setback of 0.7 metres for the 5th to 6th storey
stairwell instead of the minimum required 4.9 metres; and
x) a minimum rear yard setback of 3.1 metres for the 5th to 6th storey stairwell
instead of the minimum required to 8.9 metres;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
to facilitate the construction of a 27 storey building having 285 dwelling units, in
accordance with Conditionally Approved Site Plan Application SP24/017/C/CD, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of a 27 storey building containing 285 dwelling units.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Charles Street East between Cameron
Street South and Pandora Avenue South.
Figure 1: Location Map: 332 Charles Street East
Major Transit Station Area on Map 2 Urban
Mixed Use Corridor with Special Policy Area 1 (Map 10) in the
King Street East Secondary Plan 1994 Official Plan.
High Intensity Mixed Use Corridor Zone (MU-3) with Special
in Zoning By-law 85-1.
The subject property was subject to an Official Plan Amendment and Zoning By-law
Amendment in August 2023. The applications were approved to permit the construction of
a 27 storey residential building by Kitchener City Council.
Through the Site Plan Application process the proposed building design has been refined
resultingin an improved building/built form.The proposed variances are all being
requested as part of the Conditional Approval of Site Plan Application SP24/017/C/CD,
which application has been thoroughly reviewed by City Staff. Accordingly, there are no
Staff concerns with the variances that are being proposed.
It should also be noted that through the Growing Together update to the Official Plan and
Zoning By-law, the property will be designated
SGA-3. Transition provisions for the property were also put in place as a Complete Site
Plan Application was made on or after the effective day of the By-law which permits the
development to move forward. A majority of the requested variances will not be required
when the SGA- Zone comes into full force and effect, and only pertain to By-law 85-1.
Figure 2: Proposed Site Plan
Figure 3: Current site conditions 332 Charles Street East
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
Mixed Use Corridor with Special Policy Area 1(Map
10) in the King Street East Secondary Plan (1994 Official Plan). The Mixed Use Corridor
land use designation provides residential redevelopment opportunities together with
appropriate commercial and institutional uses that primarily serve adjacent residential
neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and
provide a balanced distribution of commercial, multiple residential and institutional uses.
Staff is of the opinion that the variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Minimum ground floor building height
The intent of the minimum ground floor building height regulation is to ensure a ground floor
space that can accommodate active uses on the ground floor of the building and adequately
address and enhance the streetscape. Staff have reviewed plans as part of the site plan
application and the applicant is providing adequate glazing and enhancements to the lobby
area. The reduction of 0.3 meters is minimal and will not have any impact in the overall
building design or ground floor uses.
Minimum and maximum side yard and rear yard setbacks at 5 storeys or greater
The intent of the minimum and maximum setbacks for 5 storeys or greater was to ensure that
there was adequate transition and range is separation from adjacent existing buildings and
land use. The request for the minimum and maximum setbacks to be permitted for 6 storeys,
is due to the adjustment of the podium through the site plan stage. The visual impact of the
alterations of the podium height will be minimal and adequate separation is still taken into
account through the building design. The rear yard setbacks have been increased further
from the property line to ensure further separation.
Minimum and Maximum setback 5 to 14 storeys
The intent of the minimum and maximum setbacks for 5 storeys or greater was to ensure that
there was adequate transition and range is separation from adjacent existing buildings and
land use. As the podium height has been increased by 1 storey, the setbacks will commence
on a storey higher than what is permitted. The setbacks have been pushed 1.9 meters and
0.1 metres further from the property line, to take into account the increase in podium height.
Minimum front yard setback 15 storeys or greater
The intent of the minimum front yard setback is to help reduce the massing at the front of the
building in order to create a better pedestrian experience along the front of the building. The
new design of the building has increased the setback 2.2 metres from the property line,
which helps reduced the massing and positively alters the appearance and reduces the
massing along the Charles Street side of the building.
Stairwell projections and setbacks
The intent of the side and rear yard setbacks for the stairwell is to ensure that the stairwell
and buildings do not negatively impact the adjacent properties and do not encroach into the
abutting lands. The proposed setbacks take into account the adjusted podium height and will
not negatively impact the surrounding properties.
Staff is of the opinion that the variances meet the general intent of the Zoning By-Law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variances are minor as the variances that are
requested are to enhance an approved development. The proposed variances will not
present any significant impacts to adjacent properties or the overall streetscape and
neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances are desirable and appropriate for the development and use of the
land as their approval will facilitate the construction of a new building within a Major Transit
Station Area.
Environmental Planning Comments:
No natural heritage features or functions. Tree Management Policy concerns addressed
through SP24/017/C/CD.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the new residential apartment building is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No engineering comments or concerns.
Parks/Operations Division Comments:
All Parks requirements will be addressed through the Site Plan Application
SP24/017/C/CD.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
DSD-2023-300
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 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 4
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-403
SUBJECT: Consent Application B2024-023
Ridgemount Street (Registered Plan 58M-616, Block 101)
Activa Holdings Inc.
RECOMMENDATION:
That Consent Application B2024-023 requesting consent to sever a parcel of land
having an approximate lot width of 13.3 metres on Ridgemount Street, a lot depth of
46.1, metres and a lot area of 533.1 square metres, to be conveyed as a lot addition
to the property municipally addressed as 448 New Dundee Road, as generally
shown on the Consent Sketch, prepared by GSP Group, dated June 27, 2023, BE
APPROVED subject to the following conditions:
1. That the Osolicitor 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
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
Technologist.
4. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5.
Application Consolidation Parcels immediately following the registration of the
Severance Deed and prior to any new applicable mortgages, and to provide a
copy of the registered Application Consolidation Parcels to the City Solicitor
within a reasonable time following registration.
Alternatively, if in the opinion of the City Solicitor, an Application Consolidation
Parcels cannot be registered on title, the Owner shall take such alternative
measures and provide such alternative documents to ensure that the severed
parcel and receiving parcel are not separately encumbered, conveyed, or
otherwise transferred from one another and shall remain in common ownership,
at the discretion of and to the satisfaction of the City Solicitor.
6. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
7. 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.
8. 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.
9. That any new driveways are to be built to City of Kitchener standards at the
10. 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.
11. 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 conditional approval of the requested
Consent Application to permit a subdivision block having frontage on Ridgemount
Street to be severed and added to the property to the rear (east) addressed as 448
New Dundee Road.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Ridgemount Street, south of Thomas
Slee Drive in the Doon South Planning Community. The property is an undeveloped
subdivision block that was created in 2018 though the registration of Subdivision Plan
58M-616 (c/r with 30T-1320; . The property
continues to be owned by Activa Holdings Inc., the same corporation that registered the
plan of subdivision. The property does not have a municipal address because it does not
contain a building, though it is located between 98 Ridgemount Street to the north and 86
Ridgemount Street to the south, both of which contain single detached dwellings.
Development and Housing Approvals staff visited the property on August 30, 2024.
Figure 1: Photo of the subject property, taken from the intersection of Ridgemount
Street and Sportsman Hill Street. The Recipient Lot, addressed as 448 New Dundee
Road, is located in the background.
Community Area Urban Structure and is
Low Rise Residential
The property is further identified as being within
Map 5 Specific Policy Area. RES-4 Zone (305
Zoning By-law 2019-051.
The surrounding lands to the north, south, and west are developed with low rise residential
uses, mainly single detached dwellings and street townhouse dwellings, within Subdivision
Plan 58M-616.
448 New Dundee Road:
The property immediately to the east is an
Road, which is owned by Hayre Properties Inc. The property has 60.9 metres of frontage
on New Dundee Road and is 1.2 hectares in area. The property contains a single
detached dwelling, which is anticipated to be demolished in the future. In January 2024,
City Council approved Zoning By-law Amendment Application ZBA20/003/N/AP, which
-
Rise Residential Four Zone (RES-4) with Site Specific Provision (384) and Holding
to facilitate a development concept consisting of 26 vacant land
condominium units (14 single detached dwellings and 12 semi-detached dwellings), a
private common element road, two amenity areas, visitor parking, and a stormwater
management facility. In the future, the applicant anticipates submitting a Vacant Land
Condominium for the property.
The purpose of the Holding Provision is to prevent development of any new uses until
certain conditions are met, and the holding provision has been removed by by-law,
including, but not limited to the following:
The parcel of land has been consolidated with the lands fronting Ridgemount Street
and conditional approval of a Site Plan including, but not limited to, appropriate site
Housing Approvals.
The Ridgemount Street access would be the primary access to the planned
redevelopment, noting that the Region (New Dundee Road is a Regional Road), has
stated that only emergency vehicles will be able to access New Dundee Road.
Following the zoning approval, on July 26, 2024, the City issued conditional approval of
Site Plan Application SP24/029/N/AP, for 448 New Dundee Road and a portion of the subject
property (see Figure 2).
Figure 2: Conditionally Approved, Red-Lined Site Plan Drawing.
The Site Plan Application fleshes out the development concept originally shown through the
Zoning By-law Amendment Application review. It proposes the site works related to the future
Vacant Land Condominium. The Conditional Approval Letter includes Special Condition V,
which relates to the subject consent application, and states:
Prior to final Site Plan Approval, the Owner shall fulfil the following site access
Development and Housing Approvals:
a. The Owner shall obtain final approval of the required Consent Application (for
Lot Addition) to create the site access and servicing parcel from 90-94
Ridgemount Street and the land transfer to 448 New Dundee Road shall be
complete, including that the parcels forming the site have been merged on title.
b. The Section 41 Development Agreement for the subject site must be registered
over the whole of the newly formed site.
c. The Owner shall apply for and obtain final approval of a Zoning By-law
Amendment Application to remove Holding Provision (58H).
Figure 3: Aerial photo showing the Retained Lot, Severed Lot, and Recipient Lot.
The above noted condition outlines the process and key planning steps for the developer
to obtain final Site Plan Approval. In this regard, the purpose of the subject Consent
Application is to fulfill Special Condition V.a. Specifically, the applicant is requesting
consent to sever a parcel of land having an approximate lot width of 13.3 metres, a lot
depth of 46.1, metres and a lot area of 533.1 square metres , and
convey it as a lot addition to the property municipally addressed as 448 New Dundee
Road Lot. The Retained Lot would have an approximate lot width of 11.6
metres, a lot depth of 38.9, metres and a lot area of 511 square metres, would have
frontage on Ridgemount Streets, and would be used for low rise residential purposes (see
Figure 3).
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Development and Housing Approvals (DHA) staff offers the following
comments:
Provincial Policy Statement, 2020 (PPS)
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 the requested consent will facilitate appropriate
intensification via the conditionally approved Site Plan Application. 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 (Growth Plan)
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation.
The subject property is
Recipient Lot (i.e., Built Up Area, as noted
on Map 1 City Urban Area and Countryside of the Official Plan. The proposed
development represents appropriate intensification and will contribute towards achieving
both the Built Up Area. The Consent
Application will facilitate development that makes efficient use of existing roads, parks
(e.g., Wetland Way Park, Ian Ormston Park), schools (e.g., the recently approved, nearby
elementary school at 670 Thomas Slee Drive), and nearby transit (e.g., local GRT Route
36). DHA staff is of the opinion that the development proposal conforms to the Growth
Plan.
Regional Official Plan (ROP):
within the Urban Area. The subject lands are Designated Greenfield 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. DHA staff is satisfied that the
application conforms to the ROP.
Community AreaMap 2 Urban Structure and is
Low Rise ResidentialMap 3 Land Use
The property is further identified as being within
Map 5 Specific Policy Area, though it should be noted that there are no
specific policies that apply in this particular case.
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
With respect to the above policy, DHA staff is of the opinion that both the Severed Lot, if
merged with the Recipient Lot via recommended approval conditions, and the Retained
Lot, would conform to the policies of the Official Plan and would comply with Zoning By-
law 2019-051. No variances are necessary to facilitate the requested Consent. Moreover,
both resultant lots reflect the general scale and character of the established area. The
Retained Lot and the Severed Lot would be a similar size and shape to the balance of the
lots on the east side of Ridgemount Street.
Both lots adequately address the considerations of Section 51(24) of the Planning Act with
respect to plans of subdivision and consents, including having frontage on a public street
and adequate servicing. A plan of subdivision is not necessary to facilitate the proposal,
since the proposal is straight-forward, and no new public roads are contemplated. The
resultant lots will not restrict the ultimate development on the adjacent properties since the
abutting lots to the north and south are already developed with single detached dwellings;
on the contrary, the Severed Lot will facilitate appropriate intensification on the Recipient
Lot, by providing appropriate access and servicing.
Zoning By-law 2019-051
RES-4 Zone (305in Zoning By-law 2019-051. As noted above, no
variances are necessary to facilitate the requested consent. Both resultant lots would
comply with the Zoning By-law.
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 resultant lots are desirable and
appropriate, subject to satisfactory clearance of the recommended conditions. As
aforementioned, the resultant lots reflect the general scale and character of the
established development pattern of surrounding lands, and no variances are required.
Servicing will be undertaken in accordance with the requirements of Engineering Services.
The resultant lots have frontage on established public streets. DHA staff is further of the
opinion that the requested consent 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 City Official Plan, and represents good planning.
Environmental Planning Comments:
No natural heritage features or functions; dealt w/ as part of 58M-616. Tree Management
Policy matters addressed as part of site plan for 448 New Dundee Rd.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
Retained lot
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the
Engineering Division for the installation of new service connections that may be
required to service this property, all prior to severance approval. Our records indicate
sanitary, storm and water municipal services are currently available to service this
property. Any further enquiries in this regard should be directed to
katie.wood@kitchener.ca
Any new driveways are to be built to City of Kitchener standards. All works are at the
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.
Lot Addition
Anything required on the lot addition will be taken through the site plan process.
Parks/Operations Division Comments:
Parkland Dedication has been satisfied through KDA 17/17 for 30T-13203 Stage 5 Block
101. Other Parks requirements will be satisfied through SP24/029/N/AP.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The owner/applicant is proposing a consent to sever part of lot (Block 101, Plan 58M616),
as lot addition to 448 New Dundee Rd (511sqm retained lot area, 533.1sqm conveyed lot
area, and 12,123sqm benefitting lot area). The severance will facilitate the development of
the subject lands in accordance with conditionally approved site plan (SP17146a). A future
draft Plan of Condominium application is anticipated. The property is currently occupied by
a single detached residential dwelling.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350 The consent
review 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 Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: 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 prior to final approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
Grand River Conservation Authority Comments:
No objection.
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
KDA 17/17 Modification to Draft Approved Plan of Subdivision 30T-13203
508 New Dundee Road Activa Holdings Inc. (formerly C. Ormston)
DSD-2024-403 - Zoning By-law Amendment Application ZBA20/003/N/AP - 448
New Dundee Road - Hayre Properties Inc.
Conditional Approval Letter dated July 26, 2024 re: Site Plan Application
SP24/029/N/AP - 448 New Dundee Rd & 90-94 Ridgemount St - Hayre Properties
Inc.
ATTACHMENTS:
Attachment A Consent Sketch, prepared by GSP Group, dated June 27, 2023.
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
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
September 4, 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 -B2024-025, B2024-024, B2024-023
Committee of Adjustment Hearing September 17, 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: 4770728
B2024-025
15 Dellroy Ave
Patterson Planning Consultants Inc on behalf of 2296342 Ontario Inc (Savic
Homes) c/o Scott Patterson
The owner/applicant is proposing consent to sever to create a new lot, being 1364.6
sqm retained lot area, and 4135.1 sqm severed lot area. The severance will facilitate
the development of a new rental apartment building (18-storey) on severed lands,
where an existing rental apartment building (6-storey) occupies the retained lands.
Creation of a new lot will facilitate financing for development of the site (see memo
prepared by Robson Carpenter LLP included in application).
2296342 Ontario Inc. has also proposed a vacant land condominium plan (30CDM-
24210).
Record of Site Condition
There is a known contaminated site on the adjacent parcel of land at 2290 King Street
East and 1103 Weber Street East. The Region has records of known groundwater
contamination related to chlorinated solvents (tetrachloroethylene) on these adjacent
lands. Accordingly, a Record of Site Condition (RSC) isrequired as a condition of final
approval for the Consent applicationas per the Region’s Implementation Guideline for
The Review of Development Applications on or Adjacent to Known and Potentially
Contaminated Sites.
Condition No. 17 of Draft Approved Plan of Condominium 30CDM-24210 requires that
prior to final approval the owner/developer enter into a registered development
agreement with the City to require a Record of Site Condition prior to building
occupancy.
To ensure that the Record of Site condition is completed prior to occupancy should the
Vacant Land Condominium not proceed, as a condition of consent approval, the
following is required:
“That the Owner/Developer enter into a registered development agreement with
the City of Kitchener, to complete a Record of Site Condition prior to building
occupancy, to the satisfaction of the Regional Municipality of Waterloo.”
Source Water Protection Policy
Document Number: 4770728
Version: 1
Risk ManagementPlan
15 Dellroy Ave is in a Source Protection Area where Risk Management Plan or
prohibition polices implemented by the Region of Waterloo may apply. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application for every new development application submitted for a particular
site. A Section 59 Notice will be required as a condition of consent approval.
A Risk Management Plan for salt application is normallyrequired for proposed and/or
altered surface parking and vehicle driveway areas greater than eight (8) parking
spaces or 200 square metres. Design considerations with respect to salt management
through the risk management plan include minimizing the transport of meltwater across
the parking lots or driveways; Directing downspouts away from paved areas; Locating
snow storage areas on impermeable (i.e. paved) surfaces that drain directly to catch
basins.
Regional Staff acknowledge that a Risk Management Plan has been negotiated for this
site, which requires a Salt Management Plan be developed for the proposal. The Salt
Management Plan will be required as a condition of consent approval.
Stormwater Management Report
A Stormwater Management Report is required to assess how stormwater is addressed
on site and if dewatering is proposed. Please be advised that the Region of Waterloo
does not support any engineered and/or enhanced infiltration of runoff originating from
paved surfaces within chloride Issue Contributing Areas. The above noted property is
within a chloride Issue Contributing Area. Engineered and/or enhanced infiltration
features may include ponds, infiltration galleries, permeable pavers, ditches, swales, oil-
grit separators, etc.
Geothermal Energy and Private Well Prohibition
Due to the potential impacts to the Region’s groundwater; which is a drinking water
source for the Region; and the potential for contamination from adjacent sites, the
Region shall require a geothermal energy and private well prohibition to be implemented
through a Regional development agreement.
In summary the Region will require the following conditions for approval of consent
application:
“That prior to final approval the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to submita
satisfactory SaltManagement Planprior to Site Plan approval, to the satisfaction of
the Regional Municipality of Waterloo.”
Document Number: 4770728
Version: 1
“That prior to final approvalthe Owner/Developer shall submit aStormwater
Management Report for the siteto the satisfaction of the Regional Municipality of
Waterloo.”
“Thatthe Owner/Developer is required to enter into a registered development
agreement with the Regional Municipality of Waterloo, tosecure theprohibition of
geothermal energy and private wells on site to the satisfaction of the Regional
Municipality of Waterloo.”
Corridor Planning
The site is adjacent to Highway 8 (Provincial Highway) and Weber Street East (RR# 8)
which may pose noise impacts on the noise sensitive development. To assess the
impacts of noise from traffic on Weber Street East, the Provincial Highway 8 and
potential stationary noise (both, on-site and off-site), a detailed Environmental Noise
Study is required. As such, the following condition of consent is recommended:
“That the Owner/Developer enters into a registered development agreement with
the Regional Municipality of Waterloo to complete an Environmental Noise Study to
assess transportation and stationary noise prior to final site plan approval, and to
enter into a Registered Development Agreement with the Regional Municipality of
Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional Municipality of
Waterloo.”
Airport Zoning Regulations (advisory)
The property is located within the Airport Zoning Regulations, with an allowable
elevation of 421m ASL. The development proposes finished floor elevation of 324.9m
ASL and anticipated building elevation of 388m ASL. Regional staff advise the applicant
must submit a Land Use application to Nav Canada and obtain a letter of no objection if
they have not done so already.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350. The
consent review fee is required as a condition of approval for the consent application.
Fees must be submitted individually to the Region, in-person, by mail, or e-payment.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Document Number: 4770728
Version: 1
Regional Staff has no objectionto this application subject to the following
condition(s):
1.That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2.That prior to final approval, the Owner/Developer submit a Notice of Source
Water Protection Plan Compliance, to the satisfaction of the Region.
3.That the Owner/Developer enter into a registered development agreement with
the City of Kitchener, to complete a Record of Site Condition prior tobuilding
occupancy,to the satisfaction of the Regional Municipality of Waterloo.
4. That prior to final approval the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to submit a
satisfactory Salt Management Plan prior to Site Plan approval, to the satisfaction
of the Regional Municipality of Waterloo.
5. That prior to final approval the Owner/Developer shall submit a Stormwater
Management Report for the site to the satisfaction of the Regional Municipality of
Waterloo.
6. That the Owner/Developer is required to enter into a registered development
agreement with the Regional Municipality of Waterloo, to secure the prohibition of
geothermal energy and private wells on site to the satisfaction of the Regional
Municipality of Waterloo.
7. That the Owner/Developer enters into a registered development agreement with
the Regional Municipality of Waterloo to complete an Environmental Noise Study
to assess transportation and stationary noise prior to final site plan approval, and
to enter into a Registered Development Agreement with the Regional Municipality
of Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional Municipality
of Waterloo.
Document Number: 4770728
Version: 1
B2024-024
525/563 Highland Rd W
GSP Group on behalf of DGF Group (c/o Michael Witmer)
The owner/applicant is proposing consent for a lot line adjustment of approximately241
sqm (severed lands). The lot addition from 525 Highland to 563 Highland has been
proposed for administrative and financing purposes. A minor variance for a reduced
side yard setback of 2.5m is being requested for an existing commercial building on 525
Highland.
Source Water Protection Policy
525 and 563 Highland Rd W are in a Source Protection Area where Risk Management
Plan or prohibition polices implemented by the Region of Waterloo may apply. A Notice
of Source Protection Plan Compliance (Section 59 Notice) is required as part of the
formal application. This will be required as a condition of consent approval.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to final approval, the Owner/Developer submit a Notice of Source
Water Protection Plan Compliance, to the satisfaction of the Region.
Document Number: 4770728
Version: 1
B2024-023
448 New Dundee Rd / Ridgemount St (BLOCK 101, PLAN 58M616)
GSP Group on behalf of Hayre Properties c/o Brandon Flewwelling
The owner/applicant is proposing a consent to sever part of lot (Block 101, Plan
58M616), as lot addition to 448 New Dundee Rd (511sqm retained lot area, 533.1sqm
conveyed lot area, and 12,123sqm benefitting lot area). The severance will facilitate the
development of the subject lands in accordance with conditionally approved site plan
(SP17146a). A future draft Plan of Condominium application is anticipated. The
property is currently occupied by a single detached residential dwelling.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350The consent
review 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 Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Corridor Planning
The site is in proximity to New Dundee Rd (RR# 12) which may pose noise impacts on
the noise sensitive development(i.e. retained lot on Block 101). To assess the impacts
of noise from traffic on New Dundee Rd, a detailed Environmental Noise Study would
normally be required as a condition of consent approval. Regional Staff note that Site
Plan including this property - SP24/029/N/AP received conditional approval.
Regional staff advise that a Noise Study was prepared in 2023 as part of the Zone
Change application (ZBA 20/003), entitled "448 New Dundee Road Environmental
Noise Assessment Revised October27, 2023 (original December 1, 2022)".The report
concluded that there are no stationary noise sources in the vicinity, which would have
impacts on the proposed development.However, various noise control measures are
required including special building components and noise attenuation barriers (both
private and public).
Regional Staff will require the recommendations of the noise study be secured and/or
implemented through a registered agreement with the Region as conditions of approval
for the Consent Application, as follows:
Document Number: 4770728
Version: 1
A)The developer agrees to implement the recommendations of the report "448 New
Dundee Road Environmental Noise Assessment Revised October 27, 2023 (original
December1, 2022)" as prepared by MTE and further agrees that:
1) Units 11, 12, 13, 14, 15, 16, 17, 18 and 19:
a) All units will be designed with special building components. Prior to the
issuance of building permits, final architectural details of the windows, walls, and
doors will be verified by a qualified Acoustic Professional to ensure the required
sound transmission loss rating (STC) will be acceptable to meet indoor sound
levels.
b) All units shall be installed with air ducted heating and ventilation system
suitably sized and designed for central air conditioning installed prior to
occupancy
2) Units 5, 6, 7, 8, 9, 10, 20, and 21:
All units shall be installed with air ducted heating and ventilation systems suitable sized
and designed for the provision of central air conditioning at the owner/occupants'
discretion.
3) Units 9, 10, 11, 12, 13, 14 and 15 (Noise Attenuation Barriers):
a) Public and Private barriers noise barriers of varying lengths and heights, as
detailed in section 4.2.2 of the report and shown on MTE Drawing 44367-100-
2
NA1.1, will be constructed with a minimum surface density of 20 kg/m with
Durisol of equivalent construction to the Region's satisfaction.
b) Prior to construction, a Noise Wall Design Report for the detailed design material
and location, grades, drainage,etc. of the noise wall must be submitted in
compliance with the Region's Noise Policy Implementation Guideline.
c) Upon construction of the noise walls as mentioned in a) above, a certificate of
compliance for the construction of the above-mentioned noise barriers will be
provided to the Region by a qualified Professional Engineer.
d) The noise barrier must be installed to the satisfaction of the Region of Waterloo
within 1 (one) year of receiving a building permit from the Area Municipality for
the development.
e) All the public and private noise walls will be considered as common elements of
future Condominium Corporation.
f) Suitable arrangements for replacement funds and/or long-term maintenance for
the public and private noise barriers will be made as deemed appropriate by the
City of Kitchener.
g) The developer agrees to preserve the function of and maintain the acoustic
barrier located upon the lands. The purpose of the barrier is to attenuate noise
from New Dundee Road / Highway 401. The developer agrees that the Region,
through its employees and agents, has the right to enter the lands to inspect the
acoustic barrier. The developer agrees to repair or, if necessary, replace the
acoustic barrier. Should the developer fail to repair or replace the barrier upon
Document Number: 4770728
Version: 1
receipt of a written notice from the Region, as the Region deems necessary, the
developer agrees that the Region may undertake such work upon the expiration
of the time set out in the notice. If such work is undertaken by the Region, the
developer hereby agrees to permit entry upon the lands for this purpose and
agrees to reimburse the Region fully for all costs of undertaking such work.
4) The following noise warning clauses shall be registered on the title for the units as
detailed below:
a) Units 11, 12, 13, 14, 15, 16, 17, and 18:
NWC TYPE B + D: "Purchasers/tenants are advised that despite the inclusion of
noise control features in the development and within the building units, 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 the Environment, Conservation and
Parks. 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 the Ministry of the Environment, Conservation and Parks."
b) Unit 19:
NWC TYPE A + D: "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 the Environment, Conservation and Parks. 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 the
Ministry of the Environment, Conservation and Parks."MTE Consultants | 44367-
100 | 448 New Dundee Road | October 27, 2023 11
c) Units 9 and 10:
NWC TYPE B + C: "Purchasers/tenants are advised that despite the inclusion of
noise control features in the development and within the building units, 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 the Environment, Conservation and
Parks. This dwelling unit has beendesigned with the provision for adding central
air conditioning 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
Document Number: 4770728
Version: 1
within the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks."
d) Units 5, 6, 7, 8, 20, and 21:
NWC TYPE A + C: "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 the Environment, Conservation and Parks. This
dwelling unit has been designed with the provision for adding central air
conditioning 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 Municipality and the Ministry of the
Environment, Conservation and Parks."
e) Units 22 and 23:
NWC TYPE A: "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 the Environment, Conservation and Parks."
B) The release of the above conditions 1), 2) and 3) (a to f) will be available upon
fulfillment.
Document Number: 4770728
Version: 1
Regional Staff has no objectionto this application subject to the following
condition(s):
1. That prior to final approval the Owner/Applicant submit the consent review fee of
$350 to the Regional Municipality of Waterloo.
2. That prior to final approval the Owner/Applicant enter into a Registered
Development Agreement with the Regional Municipality of Waterloo to implement
the recommendations of the Noise Study, entitled "448 New Dundee Road
Environmental Noise Assessment Revised October 27, 2023 (original December
1, 2022)", prepared by MTE Consultants, all to the satisfaction of the Regional
Municipality of Waterloo.
Document Number: 4770728
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
Document Number: 4770728
Version: 1
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-401
SUBJECT: Minor Variance Application A2024-077
Consent Application B2024-024
525 Highland Road West
RECOMMENDATION:
Minor Variance Application A2024-077
A. That Minor Variance Application A2024-077 for 525 Highland Road West
requesting relief from Section 8.2 of Zoning By-law 85-1, to permit an interior
side yard setback of 2.5 metres instead of the minimum required 3.0 metres,
generally in accordance with drawings prepared by Van Harten Land Surveyors,
dated July 29, 2024, BE APPROVED.
Consent Application B2024-024
B. That Consent Application B2024-024 requesting consent to sever a parcel of land
having a lot width of 5.75 metres, a lot depth of 58.21 metres and a lot area of 276
square metres to convey as a lot addition to 563 Highland Road West, BE
APPROVED subject to the following conditions:
1. That Minor Variance Application A2024-077 receive final approval.
2. That the O
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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4. That the owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the
plan(s). The digital file needs to be submitted according to the City of
Mapping Technologist.
5. That the lands to be severed be added to the abutting lands and title be taken
into identical ownership as the abutting lands. The deed for endorsement shall
include that any subsequent conveyance of the parcel to be severed shall
comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13,
as amended.
6.
an Application Consolidation Parcels immediately following the registration
of the Severance Deed and prior to any new applicable mortgages, and to
provide a copy of the registered Application Consolidation Parcels to the City
Solicitor within a reasonable time following registration.
Alternatively, if in the opinion of the City Solicitor, an Application
Consolidation Parcels cannot be registered on title, the Owner shall take such
alternative measures and provide such alternative documents to ensure that
the severed parcel and receiving parcel are not separately encumbered,
conveyed, or otherwise transferred from one another and shall remain in
common ownership, at the discretion of and to the satisfaction of the City
Solicitor.
7. That the Owner shall:
a) Complete a Building Code Assessment for the existing building proposed
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 satisfaction of
shall address items such
shall include recommendations such as closing in of openings pending
spatial separation calculation results.
b) Obtain a Building Permit for any remedial work/ upgrades required by the
Building Code Assessment.
8. That prior to final approval, the Owner submits a Notice of Source Water
Protection Plan Compliance, to the satisfaction of the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review applications for a Minor Variance and Consent
to permit a 2.5 metre setback for an existing building, and to facilitate a transfer of land
from a commercial lot to the adjacent commercial 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 p
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the south side of Highland Road West, near the
intersection of Highland Road West and Westmount Road West. The subject lots both
contain commercial uses within the commercial plaza.
Figure 1: Location Map - 525 and 563 Highland Road West
The City Node Urban Structure and is
Mixed Use
Neighbourhood Shopping Centre Zone (C-2), with Special
Regulation Provision 43R-law 85-1.
The purpose of this application is to adjust the lot lines between the properties municipally
known as 525 Highland Road West and 563 Highland Road West. The applicant has
indicated that the adjustment is for administrative and financing purposes. A minor
variance is required in order to permit a 2.5 metre setback from the adjusted property line
for an existing building.
Figure 2: Proposed Overall Lot Fabrics 525 & 563 Highland Rd. W.
Figure 3: Specific Area for Lot Adjustment
Figure 4: Existing Building on site and approximate location of lot addition
REPORT:
Planning Comments Minor Variance Application A2024-077:
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
permits an appropriate mix of commercial, residential and institutional uses. The reduced
side yard setback maintains the functionality of the property and will help with future
development on the existing site. Staff is of the opinion that the variance meets the general
intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the side yard setback is to ensure there is adequate side yard access to the
site for maintenance, servicing, etc. The proposed reduced side yard setback will not
affect the functionality of the site, and specific upgrades to the existing building are
proposed. A shared access agreement is also still on title for the properties and the
reduced side yard is not affected by the agreement. Staff is of the opinion that the variance
meets the general intent of the Zoning By-Law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variance is minor as the reduced side yard setback
still provides adequate access to the building and the overall property. The proposed
variance will not present any significant impacts to adjacent properties or the overall
commercial plaza and neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variance is appropriate for the development and use of the land as the
approval will allow the lot line adjustment and allow for future development within the
commercial plaza. The proposed variance will not impact the functionality of the current
commercial properties.
Planning Comments Consent Application B2024-024:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The subject application does not
propose any development at this time, rather it is an adjustment of lot lines. Planning Staff
is of the opinion that the application is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of mixed-use developments along with
supporting compact urban form, redevelopment and intensification. The lot line adjustment
will assist in accommodating the site for future commercial expansion which will help make
use of existing community infrastructure. Thus, Planning Staff is of the opinion that the
application conforms to the Growth Plan.
Regional Official Plan (ROP):
within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The
proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood
provides for the physical infrastructure and community infrastructure to support the
proposed development, including transportation networks, municipal drinking-water supply
and wastewater systems, and a broad range of social and public health services. Planning
staff are of the opinion that the severance application conforms to the Regional Official
Plan.
icial Plan (2014)
City Node Urban Structure and is
Mixed Use
Staff are of the opinion that the size, dimensions, and shape of the resultant lots are
suitable for the use of the lands and will continue to function appropriately and be
compatible with the surrounding neighbourhood. The lands front onto a public street and
the lot addition will facilitate the future development of the properties. There are no natural
heritage features that would be impacted by the proposed consent application. Staff are of
Zoning By-law 85-1 or 2019-051
Neighbourhood Shopping Centre Zone (C-2), with Special
Regulation Provision 43R-law 85-1.
The proposed boundary adjustment maintains compliance of the minimum lot width and lot
area requirements in effect for the subject lands. Staff are of the opinion that the proposed
-law.
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
resulting lot addition is desirable and appropriate.
Environmental Planning Comments:
No natural heritage features or functions. No trees in this central part of this commercial
development. No concerns.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
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: Spatial separation of existing building
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:
No engineering comments or concerns.
Parks/Operations Division Comments:
Parkland Dedication is not required as this is considered as a lot addition.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The owner/applicant is proposing consent for a lot line adjustment of approximately 241
sqm (severed lands). The lot addition from 525 Highland Road West to 563 Highland Road
West has been proposed for administrative and financing purposes. A minor variance for a
reduced side yard setback of 2.5 metres is being requested for an existing commercial
building on 525 Highland Road West.
Source Water Protection Policy
525 and 563 Highland Road West are in a Source Protection Area where Risk
Management Plan or prohibition polices implemented by the Region of Waterloo may
apply. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required as
part of the formal application. This will be required as a condition of consent approval.
Regional Staff has no objection to this application subject to the following condition(s):
1. That prior to final approval, the Owner/Developer submit a Notice of Source Water
Protection Plan Compliance, to the satisfaction of the Region.
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 85-1
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
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
September 4, 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 -B2024-025, B2024-024, B2024-023
Committee of Adjustment Hearing September 17, 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: 4770728
B2024-025
15 Dellroy Ave
Patterson Planning Consultants Inc on behalf of 2296342 Ontario Inc (Savic
Homes) c/o Scott Patterson
The owner/applicant is proposing consent to sever to create a new lot, being 1364.6
sqm retained lot area, and 4135.1 sqm severed lot area. The severance will facilitate
the development of a new rental apartment building (18-storey) on severed lands,
where an existing rental apartment building (6-storey) occupies the retained lands.
Creation of a new lot will facilitate financing for development of the site (see memo
prepared by Robson Carpenter LLP included in application).
2296342 Ontario Inc. has also proposed a vacant land condominium plan (30CDM-
24210).
Record of Site Condition
There is a known contaminated site on the adjacent parcel of land at 2290 King Street
East and 1103 Weber Street East. The Region has records of known groundwater
contamination related to chlorinated solvents (tetrachloroethylene) on these adjacent
lands. Accordingly, a Record of Site Condition (RSC) isrequired as a condition of final
approval for the Consent applicationas per the Region’s Implementation Guideline for
The Review of Development Applications on or Adjacent to Known and Potentially
Contaminated Sites.
Condition No. 17 of Draft Approved Plan of Condominium 30CDM-24210 requires that
prior to final approval the owner/developer enter into a registered development
agreement with the City to require a Record of Site Condition prior to building
occupancy.
To ensure that the Record of Site condition is completed prior to occupancy should the
Vacant Land Condominium not proceed, as a condition of consent approval, the
following is required:
“That the Owner/Developer enter into a registered development agreement with
the City of Kitchener, to complete a Record of Site Condition prior to building
occupancy, to the satisfaction of the Regional Municipality of Waterloo.”
Source Water Protection Policy
Document Number: 4770728
Version: 1
Risk ManagementPlan
15 Dellroy Ave is in a Source Protection Area where Risk Management Plan or
prohibition polices implemented by the Region of Waterloo may apply. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application for every new development application submitted for a particular
site. A Section 59 Notice will be required as a condition of consent approval.
A Risk Management Plan for salt application is normallyrequired for proposed and/or
altered surface parking and vehicle driveway areas greater than eight (8) parking
spaces or 200 square metres. Design considerations with respect to salt management
through the risk management plan include minimizing the transport of meltwater across
the parking lots or driveways; Directing downspouts away from paved areas; Locating
snow storage areas on impermeable (i.e. paved) surfaces that drain directly to catch
basins.
Regional Staff acknowledge that a Risk Management Plan has been negotiated for this
site, which requires a Salt Management Plan be developed for the proposal. The Salt
Management Plan will be required as a condition of consent approval.
Stormwater Management Report
A Stormwater Management Report is required to assess how stormwater is addressed
on site and if dewatering is proposed. Please be advised that the Region of Waterloo
does not support any engineered and/or enhanced infiltration of runoff originating from
paved surfaces within chloride Issue Contributing Areas. The above noted property is
within a chloride Issue Contributing Area. Engineered and/or enhanced infiltration
features may include ponds, infiltration galleries, permeable pavers, ditches, swales, oil-
grit separators, etc.
Geothermal Energy and Private Well Prohibition
Due to the potential impacts to the Region’s groundwater; which is a drinking water
source for the Region; and the potential for contamination from adjacent sites, the
Region shall require a geothermal energy and private well prohibition to be implemented
through a Regional development agreement.
In summary the Region will require the following conditions for approval of consent
application:
“That prior to final approval the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to submita
satisfactory SaltManagement Planprior to Site Plan approval, to the satisfaction of
the Regional Municipality of Waterloo.”
Document Number: 4770728
Version: 1
“That prior to final approvalthe Owner/Developer shall submit aStormwater
Management Report for the siteto the satisfaction of the Regional Municipality of
Waterloo.”
“Thatthe Owner/Developer is required to enter into a registered development
agreement with the Regional Municipality of Waterloo, tosecure theprohibition of
geothermal energy and private wells on site to the satisfaction of the Regional
Municipality of Waterloo.”
Corridor Planning
The site is adjacent to Highway 8 (Provincial Highway) and Weber Street East (RR# 8)
which may pose noise impacts on the noise sensitive development. To assess the
impacts of noise from traffic on Weber Street East, the Provincial Highway 8 and
potential stationary noise (both, on-site and off-site), a detailed Environmental Noise
Study is required. As such, the following condition of consent is recommended:
“That the Owner/Developer enters into a registered development agreement with
the Regional Municipality of Waterloo to complete an Environmental Noise Study to
assess transportation and stationary noise prior to final site plan approval, and to
enter into a Registered Development Agreement with the Regional Municipality of
Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional Municipality of
Waterloo.”
Airport Zoning Regulations (advisory)
The property is located within the Airport Zoning Regulations, with an allowable
elevation of 421m ASL. The development proposes finished floor elevation of 324.9m
ASL and anticipated building elevation of 388m ASL. Regional staff advise the applicant
must submit a Land Use application to Nav Canada and obtain a letter of no objection if
they have not done so already.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350. The
consent review fee is required as a condition of approval for the consent application.
Fees must be submitted individually to the Region, in-person, by mail, or e-payment.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Document Number: 4770728
Version: 1
Regional Staff has no objectionto this application subject to the following
condition(s):
1.That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2.That prior to final approval, the Owner/Developer submit a Notice of Source
Water Protection Plan Compliance, to the satisfaction of the Region.
3.That the Owner/Developer enter into a registered development agreement with
the City of Kitchener, to complete a Record of Site Condition prior tobuilding
occupancy,to the satisfaction of the Regional Municipality of Waterloo.
4. That prior to final approval the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to submit a
satisfactory Salt Management Plan prior to Site Plan approval, to the satisfaction
of the Regional Municipality of Waterloo.
5. That prior to final approval the Owner/Developer shall submit a Stormwater
Management Report for the site to the satisfaction of the Regional Municipality of
Waterloo.
6. That the Owner/Developer is required to enter into a registered development
agreement with the Regional Municipality of Waterloo, to secure the prohibition of
geothermal energy and private wells on site to the satisfaction of the Regional
Municipality of Waterloo.
7. That the Owner/Developer enters into a registered development agreement with
the Regional Municipality of Waterloo to complete an Environmental Noise Study
to assess transportation and stationary noise prior to final site plan approval, and
to enter into a Registered Development Agreement with the Regional Municipality
of Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional Municipality
of Waterloo.
Document Number: 4770728
Version: 1
B2024-024
525/563 Highland Rd W
GSP Group on behalf of DGF Group (c/o Michael Witmer)
The owner/applicant is proposing consent for a lot line adjustment of approximately241
sqm (severed lands). The lot addition from 525 Highland to 563 Highland has been
proposed for administrative and financing purposes. A minor variance for a reduced
side yard setback of 2.5m is being requested for an existing commercial building on 525
Highland.
Source Water Protection Policy
525 and 563 Highland Rd W are in a Source Protection Area where Risk Management
Plan or prohibition polices implemented by the Region of Waterloo may apply. A Notice
of Source Protection Plan Compliance (Section 59 Notice) is required as part of the
formal application. This will be required as a condition of consent approval.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to final approval, the Owner/Developer submit a Notice of Source
Water Protection Plan Compliance, to the satisfaction of the Region.
Document Number: 4770728
Version: 1
B2024-023
448 New Dundee Rd / Ridgemount St (BLOCK 101, PLAN 58M616)
GSP Group on behalf of Hayre Properties c/o Brandon Flewwelling
The owner/applicant is proposing a consent to sever part of lot (Block 101, Plan
58M616), as lot addition to 448 New Dundee Rd (511sqm retained lot area, 533.1sqm
conveyed lot area, and 12,123sqm benefitting lot area). The severance will facilitate the
development of the subject lands in accordance with conditionally approved site plan
(SP17146a). A future draft Plan of Condominium application is anticipated. The
property is currently occupied by a single detached residential dwelling.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350The consent
review 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 Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Corridor Planning
The site is in proximity to New Dundee Rd (RR# 12) which may pose noise impacts on
the noise sensitive development(i.e. retained lot on Block 101). To assess the impacts
of noise from traffic on New Dundee Rd, a detailed Environmental Noise Study would
normally be required as a condition of consent approval. Regional Staff note that Site
Plan including this property - SP24/029/N/AP received conditional approval.
Regional staff advise that a Noise Study was prepared in 2023 as part of the Zone
Change application (ZBA 20/003), entitled "448 New Dundee Road Environmental
Noise Assessment Revised October27, 2023 (original December 1, 2022)".The report
concluded that there are no stationary noise sources in the vicinity, which would have
impacts on the proposed development.However, various noise control measures are
required including special building components and noise attenuation barriers (both
private and public).
Regional Staff will require the recommendations of the noise study be secured and/or
implemented through a registered agreement with the Region as conditions of approval
for the Consent Application, as follows:
Document Number: 4770728
Version: 1
A)The developer agrees to implement the recommendations of the report "448 New
Dundee Road Environmental Noise Assessment Revised October 27, 2023 (original
December1, 2022)" as prepared by MTE and further agrees that:
1) Units 11, 12, 13, 14, 15, 16, 17, 18 and 19:
a) All units will be designed with special building components. Prior to the
issuance of building permits, final architectural details of the windows, walls, and
doors will be verified by a qualified Acoustic Professional to ensure the required
sound transmission loss rating (STC) will be acceptable to meet indoor sound
levels.
b) All units shall be installed with air ducted heating and ventilation system
suitably sized and designed for central air conditioning installed prior to
occupancy
2) Units 5, 6, 7, 8, 9, 10, 20, and 21:
All units shall be installed with air ducted heating and ventilation systems suitable sized
and designed for the provision of central air conditioning at the owner/occupants'
discretion.
3) Units 9, 10, 11, 12, 13, 14 and 15 (Noise Attenuation Barriers):
a) Public and Private barriers noise barriers of varying lengths and heights, as
detailed in section 4.2.2 of the report and shown on MTE Drawing 44367-100-
2
NA1.1, will be constructed with a minimum surface density of 20 kg/m with
Durisol of equivalent construction to the Region's satisfaction.
b) Prior to construction, a Noise Wall Design Report for the detailed design material
and location, grades, drainage,etc. of the noise wall must be submitted in
compliance with the Region's Noise Policy Implementation Guideline.
c) Upon construction of the noise walls as mentioned in a) above, a certificate of
compliance for the construction of the above-mentioned noise barriers will be
provided to the Region by a qualified Professional Engineer.
d) The noise barrier must be installed to the satisfaction of the Region of Waterloo
within 1 (one) year of receiving a building permit from the Area Municipality for
the development.
e) All the public and private noise walls will be considered as common elements of
future Condominium Corporation.
f) Suitable arrangements for replacement funds and/or long-term maintenance for
the public and private noise barriers will be made as deemed appropriate by the
City of Kitchener.
g) The developer agrees to preserve the function of and maintain the acoustic
barrier located upon the lands. The purpose of the barrier is to attenuate noise
from New Dundee Road / Highway 401. The developer agrees that the Region,
through its employees and agents, has the right to enter the lands to inspect the
acoustic barrier. The developer agrees to repair or, if necessary, replace the
acoustic barrier. Should the developer fail to repair or replace the barrier upon
Document Number: 4770728
Version: 1
receipt of a written notice from the Region, as the Region deems necessary, the
developer agrees that the Region may undertake such work upon the expiration
of the time set out in the notice. If such work is undertaken by the Region, the
developer hereby agrees to permit entry upon the lands for this purpose and
agrees to reimburse the Region fully for all costs of undertaking such work.
4) The following noise warning clauses shall be registered on the title for the units as
detailed below:
a) Units 11, 12, 13, 14, 15, 16, 17, and 18:
NWC TYPE B + D: "Purchasers/tenants are advised that despite the inclusion of
noise control features in the development and within the building units, 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 the Environment, Conservation and
Parks. 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 the Ministry of the Environment, Conservation and Parks."
b) Unit 19:
NWC TYPE A + D: "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 the Environment, Conservation and Parks. 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 the
Ministry of the Environment, Conservation and Parks."MTE Consultants | 44367-
100 | 448 New Dundee Road | October 27, 2023 11
c) Units 9 and 10:
NWC TYPE B + C: "Purchasers/tenants are advised that despite the inclusion of
noise control features in the development and within the building units, 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 the Environment, Conservation and
Parks. This dwelling unit has beendesigned with the provision for adding central
air conditioning 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
Document Number: 4770728
Version: 1
within the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks."
d) Units 5, 6, 7, 8, 20, and 21:
NWC TYPE A + C: "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 the Environment, Conservation and Parks. This
dwelling unit has been designed with the provision for adding central air
conditioning 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 Municipality and the Ministry of the
Environment, Conservation and Parks."
e) Units 22 and 23:
NWC TYPE A: "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 the Environment, Conservation and Parks."
B) The release of the above conditions 1), 2) and 3) (a to f) will be available upon
fulfillment.
Document Number: 4770728
Version: 1
Regional Staff has no objectionto this application subject to the following
condition(s):
1. That prior to final approval the Owner/Applicant submit the consent review fee of
$350 to the Regional Municipality of Waterloo.
2. That prior to final approval the Owner/Applicant enter into a Registered
Development Agreement with the Regional Municipality of Waterloo to implement
the recommendations of the Noise Study, entitled "448 New Dundee Road
Environmental Noise Assessment Revised October 27, 2023 (original December
1, 2022)", prepared by MTE Consultants, all to the satisfaction of the Regional
Municipality of Waterloo.
Document Number: 4770728
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
Document Number: 4770728
Version: 1
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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 - 525 Highland Road West - B2024-024
Date:Wednesday, August 28, 2024 12:49:04 PM
Attachments:image001.png
Hello,
nd
We are in receipt of your Application for Consent, B2024-024 dated August 22, 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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 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: 2
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-410
SUBJECT: Minor Variance Applications A2024-078 and A2024-079
Consent Application B2024-025 15 Dellroy Avenue
RECOMMENDATION:
Minor Variance Application A2024-079 (Severed Parcel 1055 Weber Street East)
A. That Minor Variance Application A2024-079 requesting relief from Section 7.3,
Table 7-6, of Zoning By-law 2019-051 to permit the following:
i) a lot width of 19.2 metres instead of the minimum required 30 metres;
ii) a rear yard setback of 6 metres instead of the minimum of 7.5 metres; and
iii) to permit a Floor Space Ratio of 4.2 instead of the maximum permitted 4.0;
to allow the division of land to secure financing and to facilitate the construction
of an 18-storey building, having 238 dwelling units on the Severed Parcel,
generally in accordance with drawings prepared by Patterson Planning
Consultants, BE APPROVED.
Minor Variance Application A2024-078 (Retained Parcel 15 Dellroy Avenue)
B. That Minor Variance Application A2024-078 requesting relief from Section 7.3,
Table 7-6, of Zoning By-law 2019-051 to permit the following:
i) an interior side yard setback of 1 metre instead of the minimum required 4.5
metres;
ii) a rear yard setback of 1 metre instead of the minimum required 7.5 metres;
to allow the division of land to secure financing and to recognize the location of
the existing 6 storey building on the Retained Parcel, generally in accordance
with drawings prepared by Patterson Planning Consultants, BE APPROVED.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Consent Application B2024-025
C. That Consent Application B2024-025 requesting consent to sever a parcel of
land having a lot width of 19.2 metres on Dellroy Avenue, a lot depth of 73.1
metres and an area of 41,351.2 square metres, proposed for a new 18 storey
residential building having 238 dwelling units, municipally known as 1055 Weber
Street East, BE APPROVED subject to the following conditions:
1. That Minor Variance Applications A2024-078 and A2024-079 receive final
approval.
2. That Site Plan Application SP22/158/D/BB receive final approval.
3. That Draft Plan of Condominium Application 30CDM-24010 be closed to the
satisfaction of the Director of Development and Housing Approvals.
4. That the O
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
5. 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
6. 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
7. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
8. That the Owner submit a Development Asset Drawing (digital AutoCAD) for
the site (servicing, SWM etc.) with corresponding layer names and asset
prior to deed endorsement.
9. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of
the City's Director of Engineering Services.
10. That any new driveways are to be built to City of Kitchener standards at the
11. That the Owner provides confirmation that the basement elevation can be
drained by gravity to the street sewers to the
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
12. That the Owner pays to the City of Kitchener a cash-in-lieu contribution for park
dedication of $339,253.00.
13. That the Owner shall:
a) Complete a Building Code Assessment for the existing building 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 satisfaction of
Official. The assessment shall address items such
shall include recommendations such as closing in of openings pending
spatial separation calculation results.
b) Obtain a Building Permit for any remedial work/ upgrades required by the
Building Code Assessment.
14. That prior to approval the Owner submits the consent review fee of $350 to the
Regional Municipality of Waterloo.
15. That prior to final approval, the Owner submits a Notice of Source Water
Protection Plan Compliance, to the satisfaction of the Region.
16. That prior to final approval the Owner shall submit a Stormwater Management
Report for the site to the satisfaction of the Regional Municipality of Waterloo.
17. That prior to final approval the Owner enter into a registered development
agreement with the City of Kitchener, to complete a Record of Site Condition
prior to building occupancy, to the satisfaction of the Regional Municipality of
Waterloo.
18. That prior to final approval the Owner shall enter into a registered
development agreement with the Regional Municipality of Waterloo:
a) to submit a satisfactory Salt Management Plan prior to Site Plan
approval, to the satisfaction of the Regional Municipality of Waterloo;
b) to complete an Environmental Noise Study to assess transportation and
stationary noise prior to final Site Plan Approval, and to enter into a
Registered Development Agreement with the Regional Municipality of
Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional
Municipality of Waterloo; and
c) to secure the prohibition of geothermal energy and private wells on site
to the satisfaction of the Regional Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review applications to sever the subject lands into two
(2) parcels to facilitate financing for the construction of a second multiple dwelling.
Minor variances are required to facilitate the proposed consent.
The key finding of this report is that the consent and associated variances are
technical in nature and are required to secure financing. The site will still function as a
comprehensive development as Site Plan Approved. Staff is recommending approval.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property, municipally known as 15 Dellroy Avenue, is located at the intersection
of Dellroy Avenue and Weber Street East. The subject property is 5,720 square metres or
0.572 hectares, square in shape with 73.1 metres of frontage along Weber Street East and
76.7 metres of frontage along Dellroy Avenue (see Image 1 below).
The subject property is identified as
property is zoned
High Rise Residential Seven Zone (RES-7) in Zoning By-law 2019-051.
The owner, Savic Homes, is proposing to intensify the site by constructing a second
multiple dwelling, 18 storeys in height, on the vacant portion shown in Image 1. The
existing 6 storey building is to remain and both buildings will share parking, access, and
amenity space through blanket easements. Site Plan Application SP22/158/D/BB was
received in 2022, Conditionally Approved in 2023 and minor variances were granted in
2023. To date, the owner has been actively clearing conditions of site plan approval. Staff
is close to issuing Final Site Plan Approval so that a building permit can be issued.
Construction is expected to commence the Fall of 2024
A Vacant Land Condominium (File 30CDM-24010) was submitted in May 2024 to create
two (2) unit areas and common elements for the subject property. It was approved by
Council in August 2024. This plan/approval is still active pending the approval of the
consent application before Committee. Staff is recommending that VLC File 30CDM-
24010 is closed prior to finalizing the consent application as a condition of approval.
.
Image 1 15 Dellroy Avenue
Image 2 Street View Photo
The purpose of the consent application is to split the property into two (2) parcels of land
to obtain CMHC financing for the buildingproposed to be constructed on 1055 Weber
Street East. To do so however requires the submission of two minor variance applications.
One is for the retained parcel and a second for the severed parcel of land. These
variances are to recognize setback deficiencies created for both parcels along with an
increase in Floor Space Ratio on the severed parcel only. The severance sketch showing
the retained lands in red and the severed lands in green along with minor variances are
identified in Image 3 below.
Image 3 Plan Showing Consent and Minor Variances
REPORT:
Planning Comments Minor Variance Application A2024-078 (Retained Parcel - 15
Dellroy Avenue):
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
pedestrian linkages and be integrated with neighbouring residential, and employment uses
as well as to provide for a range of retail and commercial uses and intensification
residential use. All development and redevelopment and have a Floor Space Ratio
between 2.0 and 4.0. As the proposal is to intensify the landfor residential purposes, the
minor variances to facilitate this form of development meet the general intent of the Official
Plan.
General Intent of the Zoning By-law
The subject property -
By-law 2019-s-residential uses.
Due to the consent application, variances are needed for the rear yard and interior side yard
setbacks. Staff is of the opinion the intent of the by-law is being maintained. These
variances are technical in nature to seek financing for the development. The consent will
not alter the form or function of the plan as the site will still operate as one comprehensive
development. Parking (surface and underground), access and amenity space will be
shared . Blanket easements will secure those rights of
access and shared usage of facilities.
Are the Effects of the Variance(s) Minor?
The effects of these variances are minor and technical in nature. No changes to the
approved site plan are proposed and the site will function as one comprehensive
development.
Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Building
and/or Structure?
The variances are both desirable and appropriate for the use of land. The variances will
facilitate the consent. The consent is required to create separate parcels so that financing
can be secured for new construction to provide rental accommodation which will support the
Planning Comments Minor Variance Application A2024-079 (Severed Parcel 1055
Weber Street East):
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
pedestrian linkages and be integrated with neighbouring residential, and employment uses
as well as to provide for a range of retail and commercial uses and intensification
residential use. All development and redevelopment shall have a Floor Space Ratio between
2.0 and 4.0. The minor variances to facilitate a new residential high-rise building meet the
general intent of the Official Plan.
General Intent of the Zoning By-law
(RES-7)-
law 2019-051, which permits a -residential uses. Due to
the consent application, what was originally an exterior side yard is now the front yard and
what was an interior side yard is now the rear yard. Consequently, the lot width and rear
yard which originally complied is now affected. Additionally, the consent creates an
overage in Floor Space Ratio. The maximum is 4.0 whereas 4.2 is proposed. Staff is of the
opinion the intent of the by-law is being maintained. These variances are technical in nature
to reflect a need to create separate parcels to secure financing for construction. The consent
will not alter the form or function of the plan as the site will operate as one comprehensive
development. Parking (surface and underground), access and amenity space will be shared
. Blanket easements will secure those rights of access and
shared usage of facilities.
Is/Are the Effects of the Variance(s) Minor?
The effects of these variances are minor and technical in nature. No changes to the
approved site plan are proposed and the site will function as one comprehensive
development.
Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are both desirable and appropriate for the use of land. The variances will
facilitate a consent. The consent is required to create separate parcels so that financing can
be secured for the new construction. New rental accommodation will be provided which will
Planning Comments Consent Application B2024-025:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable healthy, liveable, and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health, and safety. Provincial policies promote the
integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
Planning staff is of the opinion that the proposed application will accommodate an
appropriate mix of residential dwelling types by providing a high-rise multiple dwelling
building typology zoned for the use. This type of development is compatible with the
surrounding area and will make use of the existing infrastructure. No new public roads
would be required for the proposed development. Planning staff is of the opinion that this
proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range, and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation. The
subject lands are in close proximity to transit and the subject lands are in closer proximity
to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the
minimum intensification and targets in this plan by identifying a diverse range and mix of
housing options and densities, including additional residential units and affordable housing
to meet projected needs of current and future residents.
built-up area. The proposed
intensification density targets. The severance application will help make efficient use of
existing infrastructure, parks, roads, trails, and transit. Planning staff is of the opinion that
the development proposal conforms to the Growth Plan.
Regional Official Plan (ROP)
Urban Area policies of the ROP identify th
within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The
proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood
provides for the physical infrastructure and community infrastructure to support the
proposed residential development, including transportation networks, municipal drinking-
water supply and wastewater systems, and a broad range of social and public health
services. Regional policies require Area Municipalities to plan for a range of housing in
terms of form, tenure, density, and affordability to satisfy the various physical, social,
economic, and personal support needs of current and future residents. Planning staff are
of the opinion that the severance application conforms to the Regional Official Plan.
. The zoning is High Rise
Residential Seven Zone (RES-7) in Zoning By-law 2019-051.
According to Policy 17.E.20.4. of the Official Plan, consents may be permitted for the
creation of a new lot, boundary adjustments, rights-of-way, easements, long-term leases
and to convey additional lands to an abutting lot provided an undersized lot is not created.
Policy 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). This
policy states 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.
Staff is of the opinion a consent application to create a new parcel would comply with
Policies 17.E.20.4. and 17.E.20.5. The consent coOfficial Plan and
staff are recommending approval of minor variances; a plan of subdivision is not required;
the lots are appropriate in size and reflect the character of the area; the lots will not
compromise the ability to provide a comprehensive high density development; both
parcels of land front onto public streets; will enable separate service connections to be
provided; and despite the severance, the development will integrate the existing building
and function as a whole as there are shared parking, access and amenity space for both
existing and future tenants.
Zoning By-law 2019-051
High Rise Residential Zone (RES-7) in Zoning By-law
2019-051. The use of a multiple dwelling is permitted subject to meeting the regulations
outlined in Table 7.6. As discussed previously, the consent requires minor variances,
which staff opine are technical in nature.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are
desirable and appropriate.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service
this property, all prior to severance approval. Our records indicate sanitary, storm and
water municipal services are currently available to service this property. Any further
enquiries in this regard should be directed to katie.wood@kitchener.ca
Any new driveways are to be built to City of Kitchener standards. All works are at 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.
Parks/Operations Division Comments:
Parkland Dedication, paid as cash in lieu of land, in the amount of $339,253.00 as per Site
Plan application SP22/158/D/BB is required prior to deed endorsement.
No concerns with the variances.
Building Division Comments:
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: ace 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.
The Building Division has no objections to the proposed variances provided building permit
for the new residential apartment building is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Transportation Planning Comments:
No concerns.
Region of Waterloo Comments:
No concerns with the variances.
Regional Staff has no objection to the consent application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to
the Regional Municipality of Waterloo.
2. That prior to final approval, the Owner/Developer submit a Notice of Source Water
Protection Plan Compliance, to the satisfaction of the Region.
3. That the Owner/Developer enter into a registered development agreement with the City
of Kitchener, to complete a Record of Site Condition prior to building occupancy, to the
satisfaction of the Regional Municipality of Waterloo.
4. That prior to final approval the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to submit a
satisfactory Salt Management Plan prior to Site Plan approval, to the satisfaction of the
Regional Municipality of Waterloo.
5. That prior to final approval the Owner/Developer shall submit a Stormwater
Management Report for the site to the satisfaction of the Regional Municipality of
Waterloo.
6. That the Owner/Developer is required to enter into a registered development
agreement with the Regional Municipality of Waterloo, to secure the prohibition of
geothermal energy and private wells on site to the satisfaction of the Regional
Municipality of Waterloo.
7. That the Owner/Developer enters into a registered development agreement with the
Regional Municipality of Waterloo to complete an Environmental Noise Study to assess
transportation and stationary noise prior to final site plan approval, and to enter into a
Registered Development Agreement with the Regional Municipality of Waterloo and/or
the City of Kitchener (if required) to implement the recommendations of the study, all to
the satisfaction of the Regional Municipality of Waterloo.
GRCA
No concerns.
Hydro One
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
DSD-2023-314
SP22/158/D/BB
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
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
September 4, 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 -B2024-025, B2024-024, B2024-023
Committee of Adjustment Hearing September 17, 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: 4770728
B2024-025
15 Dellroy Ave
Patterson Planning Consultants Inc on behalf of 2296342 Ontario Inc (Savic
Homes) c/o Scott Patterson
The owner/applicant is proposing consent to sever to create a new lot, being 1364.6
sqm retained lot area, and 4135.1 sqm severed lot area. The severance will facilitate
the development of a new rental apartment building (18-storey) on severed lands,
where an existing rental apartment building (6-storey) occupies the retained lands.
Creation of a new lot will facilitate financing for development of the site (see memo
prepared by Robson Carpenter LLP included in application).
2296342 Ontario Inc. has also proposed a vacant land condominium plan (30CDM-
24210).
Record of Site Condition
There is a known contaminated site on the adjacent parcel of land at 2290 King Street
East and 1103 Weber Street East. The Region has records of known groundwater
contamination related to chlorinated solvents (tetrachloroethylene) on these adjacent
lands. Accordingly, a Record of Site Condition (RSC) isrequired as a condition of final
approval for the Consent applicationas per the Region’s Implementation Guideline for
The Review of Development Applications on or Adjacent to Known and Potentially
Contaminated Sites.
Condition No. 17 of Draft Approved Plan of Condominium 30CDM-24210 requires that
prior to final approval the owner/developer enter into a registered development
agreement with the City to require a Record of Site Condition prior to building
occupancy.
To ensure that the Record of Site condition is completed prior to occupancy should the
Vacant Land Condominium not proceed, as a condition of consent approval, the
following is required:
“That the Owner/Developer enter into a registered development agreement with
the City of Kitchener, to complete a Record of Site Condition prior to building
occupancy, to the satisfaction of the Regional Municipality of Waterloo.”
Source Water Protection Policy
Document Number: 4770728
Version: 1
Risk ManagementPlan
15 Dellroy Ave is in a Source Protection Area where Risk Management Plan or
prohibition polices implemented by the Region of Waterloo may apply. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application for every new development application submitted for a particular
site. A Section 59 Notice will be required as a condition of consent approval.
A Risk Management Plan for salt application is normallyrequired for proposed and/or
altered surface parking and vehicle driveway areas greater than eight (8) parking
spaces or 200 square metres. Design considerations with respect to salt management
through the risk management plan include minimizing the transport of meltwater across
the parking lots or driveways; Directing downspouts away from paved areas; Locating
snow storage areas on impermeable (i.e. paved) surfaces that drain directly to catch
basins.
Regional Staff acknowledge that a Risk Management Plan has been negotiated for this
site, which requires a Salt Management Plan be developed for the proposal. The Salt
Management Plan will be required as a condition of consent approval.
Stormwater Management Report
A Stormwater Management Report is required to assess how stormwater is addressed
on site and if dewatering is proposed. Please be advised that the Region of Waterloo
does not support any engineered and/or enhanced infiltration of runoff originating from
paved surfaces within chloride Issue Contributing Areas. The above noted property is
within a chloride Issue Contributing Area. Engineered and/or enhanced infiltration
features may include ponds, infiltration galleries, permeable pavers, ditches, swales, oil-
grit separators, etc.
Geothermal Energy and Private Well Prohibition
Due to the potential impacts to the Region’s groundwater; which is a drinking water
source for the Region; and the potential for contamination from adjacent sites, the
Region shall require a geothermal energy and private well prohibition to be implemented
through a Regional development agreement.
In summary the Region will require the following conditions for approval of consent
application:
“That prior to final approval the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to submita
satisfactory SaltManagement Planprior to Site Plan approval, to the satisfaction of
the Regional Municipality of Waterloo.”
Document Number: 4770728
Version: 1
“That prior to final approvalthe Owner/Developer shall submit aStormwater
Management Report for the siteto the satisfaction of the Regional Municipality of
Waterloo.”
“Thatthe Owner/Developer is required to enter into a registered development
agreement with the Regional Municipality of Waterloo, tosecure theprohibition of
geothermal energy and private wells on site to the satisfaction of the Regional
Municipality of Waterloo.”
Corridor Planning
The site is adjacent to Highway 8 (Provincial Highway) and Weber Street East (RR# 8)
which may pose noise impacts on the noise sensitive development. To assess the
impacts of noise from traffic on Weber Street East, the Provincial Highway 8 and
potential stationary noise (both, on-site and off-site), a detailed Environmental Noise
Study is required. As such, the following condition of consent is recommended:
“That the Owner/Developer enters into a registered development agreement with
the Regional Municipality of Waterloo to complete an Environmental Noise Study to
assess transportation and stationary noise prior to final site plan approval, and to
enter into a Registered Development Agreement with the Regional Municipality of
Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional Municipality of
Waterloo.”
Airport Zoning Regulations (advisory)
The property is located within the Airport Zoning Regulations, with an allowable
elevation of 421m ASL. The development proposes finished floor elevation of 324.9m
ASL and anticipated building elevation of 388m ASL. Regional staff advise the applicant
must submit a Land Use application to Nav Canada and obtain a letter of no objection if
they have not done so already.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350. The
consent review fee is required as a condition of approval for the consent application.
Fees must be submitted individually to the Region, in-person, by mail, or e-payment.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Document Number: 4770728
Version: 1
Regional Staff has no objectionto this application subject to the following
condition(s):
1.That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2.That prior to final approval, the Owner/Developer submit a Notice of Source
Water Protection Plan Compliance, to the satisfaction of the Region.
3.That the Owner/Developer enter into a registered development agreement with
the City of Kitchener, to complete a Record of Site Condition prior tobuilding
occupancy,to the satisfaction of the Regional Municipality of Waterloo.
4. That prior to final approval the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to submit a
satisfactory Salt Management Plan prior to Site Plan approval, to the satisfaction
of the Regional Municipality of Waterloo.
5. That prior to final approval the Owner/Developer shall submit a Stormwater
Management Report for the site to the satisfaction of the Regional Municipality of
Waterloo.
6. That the Owner/Developer is required to enter into a registered development
agreement with the Regional Municipality of Waterloo, to secure the prohibition of
geothermal energy and private wells on site to the satisfaction of the Regional
Municipality of Waterloo.
7. That the Owner/Developer enters into a registered development agreement with
the Regional Municipality of Waterloo to complete an Environmental Noise Study
to assess transportation and stationary noise prior to final site plan approval, and
to enter into a Registered Development Agreement with the Regional Municipality
of Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional Municipality
of Waterloo.
Document Number: 4770728
Version: 1
B2024-024
525/563 Highland Rd W
GSP Group on behalf of DGF Group (c/o Michael Witmer)
The owner/applicant is proposing consent for a lot line adjustment of approximately241
sqm (severed lands). The lot addition from 525 Highland to 563 Highland has been
proposed for administrative and financing purposes. A minor variance for a reduced
side yard setback of 2.5m is being requested for an existing commercial building on 525
Highland.
Source Water Protection Policy
525 and 563 Highland Rd W are in a Source Protection Area where Risk Management
Plan or prohibition polices implemented by the Region of Waterloo may apply. A Notice
of Source Protection Plan Compliance (Section 59 Notice) is required as part of the
formal application. This will be required as a condition of consent approval.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to final approval, the Owner/Developer submit a Notice of Source
Water Protection Plan Compliance, to the satisfaction of the Region.
Document Number: 4770728
Version: 1
B2024-023
448 New Dundee Rd / Ridgemount St (BLOCK 101, PLAN 58M616)
GSP Group on behalf of Hayre Properties c/o Brandon Flewwelling
The owner/applicant is proposing a consent to sever part of lot (Block 101, Plan
58M616), as lot addition to 448 New Dundee Rd (511sqm retained lot area, 533.1sqm
conveyed lot area, and 12,123sqm benefitting lot area). The severance will facilitate the
development of the subject lands in accordance with conditionally approved site plan
(SP17146a). A future draft Plan of Condominium application is anticipated. The
property is currently occupied by a single detached residential dwelling.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350The consent
review 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 Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Corridor Planning
The site is in proximity to New Dundee Rd (RR# 12) which may pose noise impacts on
the noise sensitive development(i.e. retained lot on Block 101). To assess the impacts
of noise from traffic on New Dundee Rd, a detailed Environmental Noise Study would
normally be required as a condition of consent approval. Regional Staff note that Site
Plan including this property - SP24/029/N/AP received conditional approval.
Regional staff advise that a Noise Study was prepared in 2023 as part of the Zone
Change application (ZBA 20/003), entitled "448 New Dundee Road Environmental
Noise Assessment Revised October27, 2023 (original December 1, 2022)".The report
concluded that there are no stationary noise sources in the vicinity, which would have
impacts on the proposed development.However, various noise control measures are
required including special building components and noise attenuation barriers (both
private and public).
Regional Staff will require the recommendations of the noise study be secured and/or
implemented through a registered agreement with the Region as conditions of approval
for the Consent Application, as follows:
Document Number: 4770728
Version: 1
A)The developer agrees to implement the recommendations of the report "448 New
Dundee Road Environmental Noise Assessment Revised October 27, 2023 (original
December1, 2022)" as prepared by MTE and further agrees that:
1) Units 11, 12, 13, 14, 15, 16, 17, 18 and 19:
a) All units will be designed with special building components. Prior to the
issuance of building permits, final architectural details of the windows, walls, and
doors will be verified by a qualified Acoustic Professional to ensure the required
sound transmission loss rating (STC) will be acceptable to meet indoor sound
levels.
b) All units shall be installed with air ducted heating and ventilation system
suitably sized and designed for central air conditioning installed prior to
occupancy
2) Units 5, 6, 7, 8, 9, 10, 20, and 21:
All units shall be installed with air ducted heating and ventilation systems suitable sized
and designed for the provision of central air conditioning at the owner/occupants'
discretion.
3) Units 9, 10, 11, 12, 13, 14 and 15 (Noise Attenuation Barriers):
a) Public and Private barriers noise barriers of varying lengths and heights, as
detailed in section 4.2.2 of the report and shown on MTE Drawing 44367-100-
2
NA1.1, will be constructed with a minimum surface density of 20 kg/m with
Durisol of equivalent construction to the Region's satisfaction.
b) Prior to construction, a Noise Wall Design Report for the detailed design material
and location, grades, drainage,etc. of the noise wall must be submitted in
compliance with the Region's Noise Policy Implementation Guideline.
c) Upon construction of the noise walls as mentioned in a) above, a certificate of
compliance for the construction of the above-mentioned noise barriers will be
provided to the Region by a qualified Professional Engineer.
d) The noise barrier must be installed to the satisfaction of the Region of Waterloo
within 1 (one) year of receiving a building permit from the Area Municipality for
the development.
e) All the public and private noise walls will be considered as common elements of
future Condominium Corporation.
f) Suitable arrangements for replacement funds and/or long-term maintenance for
the public and private noise barriers will be made as deemed appropriate by the
City of Kitchener.
g) The developer agrees to preserve the function of and maintain the acoustic
barrier located upon the lands. The purpose of the barrier is to attenuate noise
from New Dundee Road / Highway 401. The developer agrees that the Region,
through its employees and agents, has the right to enter the lands to inspect the
acoustic barrier. The developer agrees to repair or, if necessary, replace the
acoustic barrier. Should the developer fail to repair or replace the barrier upon
Document Number: 4770728
Version: 1
receipt of a written notice from the Region, as the Region deems necessary, the
developer agrees that the Region may undertake such work upon the expiration
of the time set out in the notice. If such work is undertaken by the Region, the
developer hereby agrees to permit entry upon the lands for this purpose and
agrees to reimburse the Region fully for all costs of undertaking such work.
4) The following noise warning clauses shall be registered on the title for the units as
detailed below:
a) Units 11, 12, 13, 14, 15, 16, 17, and 18:
NWC TYPE B + D: "Purchasers/tenants are advised that despite the inclusion of
noise control features in the development and within the building units, 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 the Environment, Conservation and
Parks. 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 the Ministry of the Environment, Conservation and Parks."
b) Unit 19:
NWC TYPE A + D: "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 the Environment, Conservation and Parks. 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 the
Ministry of the Environment, Conservation and Parks."MTE Consultants | 44367-
100 | 448 New Dundee Road | October 27, 2023 11
c) Units 9 and 10:
NWC TYPE B + C: "Purchasers/tenants are advised that despite the inclusion of
noise control features in the development and within the building units, 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 the Environment, Conservation and
Parks. This dwelling unit has beendesigned with the provision for adding central
air conditioning 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
Document Number: 4770728
Version: 1
within the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks."
d) Units 5, 6, 7, 8, 20, and 21:
NWC TYPE A + C: "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 the Environment, Conservation and Parks. This
dwelling unit has been designed with the provision for adding central air
conditioning 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 Municipality and the Ministry of the
Environment, Conservation and Parks."
e) Units 22 and 23:
NWC TYPE A: "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 the Environment, Conservation and Parks."
B) The release of the above conditions 1), 2) and 3) (a to f) will be available upon
fulfillment.
Document Number: 4770728
Version: 1
Regional Staff has no objectionto this application subject to the following
condition(s):
1. That prior to final approval the Owner/Applicant submit the consent review fee of
$350 to the Regional Municipality of Waterloo.
2. That prior to final approval the Owner/Applicant enter into a Registered
Development Agreement with the Regional Municipality of Waterloo to implement
the recommendations of the Noise Study, entitled "448 New Dundee Road
Environmental Noise Assessment Revised October 27, 2023 (original December
1, 2022)", prepared by MTE Consultants, all to the satisfaction of the Regional
Municipality of Waterloo.
Document Number: 4770728
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
Document Number: 4770728
Version: 1
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 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 - 15 Dellroy Avenue - B2024-025
Date:Wednesday, August 28, 2024 12:45:32 PM
Attachments:image001.png
Hello,
nd
We are in receipt of your Application for Consent, B2024-025 dated August 22, 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