HomeMy WebLinkAboutDSD-2024-439 - A 2024-088-089, B 2024-027-028 - 130 and 132 Edmund Road
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 15, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: September 27, 2024
REPORT NO.: DSD-2024-439
SUBJECT: Minor Variance Applications A2024-088 and A2024-089
Consent Applications B2024-027 and B2024-028
130 and 132 Edmund Road
RECOMMENDATION:
A. Minor Variance Application A2024-089 (132 Edmund Road - Severed Parcel)
That Minor Variance Application A2024-089 for 132 Edmund Road requesting
relief from the following sections of Zoning By-law 2019-051:
i) Section 4.14.4 c) to permit a deck, greater than 0.6 metres in height, to be
located 0 metres from the interior side lot line (common lot line) instead of the
minimum required 1.2 metres; and
ii) Section 7.3, Table 7-2, to permit an interior yard setback of 0 metres where
there is not a shared common wall instead of the minimum required 1.2
metres;
to facilitate the severance of the existing semi-detached dwelling into 2 separate
lots, generally in accordance, building elevation plans dated July 29, 2024, and
with the deck having a 1.8 metre high privacy screen where the deck is adjacent
to the shared lot line, BE APPROVED.
B. Minor Variance Application A2024-088 (130 Edmund Road - Retained Parcel)
That Minor Variance Application A2024-088 for 130 Edmund Road requesting
relief from the following Sections of Zoning By-law 2019-051:
*** This information is available in accessible formats upon request. ***
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i) Section 4.14.4 c) to permit a deck, greater than 0.6 metres in height, to be
located 0 metres from the interior side lot line (common lot line) instead of the
minimum required 1.2 metres;and
ii) Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an interior yard
setback of 0 metres where there is not a shared common wall instead of the
minimum required 1.2 metres;
to facilitate the severance of the existing semi-detached dwelling into 2 separate
lots, generally in accordance, building elevation plans, dated July 29, 2024, and
with the deck having a 1.8 metre high privacy screen where the deck is adjacent
to the shared lot line, BE APPROVED.
C. Consent Application B2024-028 (Create Severed Parcel 132 Edmund Road)
That Consent Application B2024-028 requesting consent to sever a parcel of land
having a lot width of 7.9 metres on Edmund Road, a lot depth of 40.3 metres and
a lot area of 318.3 square metres and to create an easement having a width of 1.5
metres, where the common wall is not shared, for the purposes of access and
maintenance, BE APPROVED subject to the following conditions:
1. That Minor Variance Applications A2024-088 and A2024-089 receive final
approval.
2. That the Oshall provide draft transfer documents and
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
3. That the Owner shall obtain a tax certificate from the City of Kitchener to
verify that there are no outstanding taxes on the subject property(ies) to the
4. That the owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the plan(s).
The digital file needs to be submitted according to the City of Kitchener's Digital
5. 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
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.
6. That a satisfactory Solici
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
7. Prior to the issuance of a Demolition and/or Building Permit:
a) the Owner shall prepare a Tree Preservation/Enhancement Plan, an Arborist
Report and ISA valuation of trees on City lands and the subject lands in
accordance with the , to the satisfaction of
Manager, Site Plans. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, a landscaped area,
and the vegetation to be preserved. If necessary, the plan shall include
required mitigation and or compensation measures.
b) The Owner shall implement the approved Tree Preservation/Enhancement
Plan, prior to any tree removal, grading, servicing or the issuance of any
demolition and/or building permits, to the satisfaction o
8. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
9. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
10. 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.
11. 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.
12. That any new driveways are to be built to City of Kitchener standards at the
13. That the Owner provides confirmation that the basement elevation can be
drained by gravity to the street sewers to the satisfa
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 th
Director of Engineering Services.
14. That prior to final approval, the applicant submits the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
15. That the Owner/Developer submit a Notice of Source Water Protection Plan
Compliance to the Regional Municipality of Waterloo.
16. That the Owner/Developer enter into a registered development agreement
with the City of Kitchener to include the following noise warning clause in all
agreements of Offer of purchase/sale and lease/rental for all dwelling units on
both Severed and Retained lots, to the satisfaction of the Region:
i) Purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street East and Conestoga Parkway 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.
D. Consent Application B2024-027 (Retained Parcel -130 Edmund Road)
That Consent Application B2024-027 requesting consent to create an easement
having a width of 1.5 metres, where the common wall is not shared, for the
purposes of access and maintenance, BE APPROVED subject to the following
conditions:
1. That Minor Variance Applications A2024-088 and A2024-089 receive final
approval.
2. draft transfer documents and
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
3. That the Owner shall obtain a tax certificate from the City of Kitchener to
verify that there are no outstanding taxes on the subject property(ies) to the
4. That the owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the plan(s).
The digital file needs to be submitted according to the City of Kitchener's Digital
5. 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
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.
6. ing, to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
7. That prior to final approval, the applicant submits the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
8. That the Owner/Developer submit a Notice of Source Water Protection Plan
Compliance to the Regional Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to discuss a request to divide a property for the purposes
of creating separate parcels to facilitate the sale of each half of a semi-detached
dwelling under construction. The request also includes the creation of maintenance
easements and setback variances proposed along the common property line for
above-ground decks.
The key finding of this report is that the requests represent good planning and staff is
recommending approval of all 4 applications.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on north side of Edmund Drive near the intersection of
Brentwood Drive.in the Eastwood Neighbourhood (see Image 1). The property is
rectangular in shape, 15.85 metres in width and 636 square metres in area It is legally
described as Lot 88, Plan 651. The dwelling shown in Image 1 has been demolished in
favour of a semi-detached dwelling.
Community Area Urban Structure and is
Low rise Residential
The property is zoned (RES-4)-law 2019-
051.
The purpose of the applications is to sever the property for semi-detached dwelling
purposes currently under construction shown in Image 2. Additionally, due to the offset of
the common shared wall of the dwelling at the front and rear, the applicant has applied to
create two easements measuring 1.5 metres long by 1.5 metres wide over both the
severed and retained lands only where the there is the offset between the units at the front
and back of the dwelling (see Image 3). This is to provide access for maintenance
purposes. The dwelling offset further creates a zoning infraction and hence the need for 0
metre setbacks for the severed and retained portions. Lastly, the applicant has applied for
relief to allow for decks, with heights greater than 0.6 metres, to be setback 0 metres to
the proposed interior or common lot line instead of the required 1.2 metres. Image 5
shows the rear elevations of the dwelling and decks.
Image 1 Aerial Photo
Image 2 Foundation of Semi-detached dwelling
Image 3 Survey of Lot and Creation of Separate Parcels
Image 4 Front Elevations
Image 5 Back Elevations
REPORT:
Planning Comments Minor Variance Application A2024-088 and A2024-089:
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
2 Urban Structure and is
- .
The intent of the Low Rise Residential land use designation is to accommodate a full
range of low density housing types which may include single detached dwellings,
additional dwelling units, attached and detached, semi-detached dwellings, street
townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple
dwellings, special needs housing, and other forms of low-rise housing. Duplexed semi-
detached dwellings being proposed represent a gentle form of intensification that meet the
general intent of the designation.
The variances for 0 metre setbacks to the interior lot lines meet the intent of policy 4.C.18
of the Official Plan. The requested setback affects the interior lot line only and any impact
is considered both minor and technical in nature. Privacy between the proposed units and
adjacent properties will be ensured through privacy screens to be erected at both ends of
the decks. Maintenance easements are requested on both sides to ensure access is
legally provided in event future maintenance is required.
The variances will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the zoning by-law is to ensure there is adequate separation between
the dwelling and side lot lines. In this situation, a semi-detached dwelling is being
constructed with a common interior lot line between the units. But because of the offset,
there is a portion of the dwelling that will not have a common lot line and therefore does
not comply with zoning for a side yard. For all intents and purposes, this is technical in
nature and staff have no concerns.
Similarly, for the decks, the 0 metre setback affects the interior lot line of the semi-
detached units only. This is a common occurrence in this situation. A privacy screen is
proposed to be erected between the proposed units at the end of the deck on 132 Edmund
Road. Staff suggest that a similar privacy screen be erected on the deck on 130 Edmund
Road where it is adjacent to the shared property line.
In the opinion of staff, the variances will meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
In the opinion of staff, the effects are minor. As noted previously, 0 metre interior side
yards for a semi-detached dwelling is common since two units are attached. This request
is technical in nature due the offset in the dwelling which staff prefer since it provides
visual interest and breaks up the massing. Having the decks at 0 metres only affects the
interior of lots. To address the potential impacts of the reduced setbacks, privacy
screening is proposed for the deck at 132 Edmund Road and staff is recommending that
this also be installed on the deck at 130 Edmund Road.Accordingly, the effects of the
variances will be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are desirable and appropriate for the use of land. A duplexed semi-
detached dwelling with an offset is a gentle form of intensification in established
neighbourhoods. The variances, while technical in nature, help to facilitate a building form
that is not only compatible but visually interesting. The decks are to be used for outdoor
amenity for the upper duplexed portion and to gain access to the ground level rear yard of
the property.
Planning Comments Consent Applications B2024-027 and B2204-028:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health, and safety. Provincial policies promote the
integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of two new lots for a duplexed semi-
detached dwelling that are compatible with the surrounding community and will make use
of the existing infrastructure. No new public roads would be required for the proposed
development. Therefore, Staff are 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 near transit, trails and parks.
Policy 2.2.6.1(a) states that Municipalities will support housing choice through the
achievement of the minimum intensification 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.
The proposed development represents a gentle intensification and will contribute towards
ll 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 that
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 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.
:
Urban Structure and is
Plan.
The proposed severance is in conformity with this aspect of the plan and maintains the
residential land use designation.
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
The proposed lot widths and lot areas of the proposed severed and retained lots comply
with -4
are not required for the lot sizes. Planning staff is of the opinion that the size, dimension
and shape of the proposed lots are suitable for the use of the lands and compatible with
the surrounding neighbourhood which is developed with low rise residential uses with lot
sizes that vary in width, depth, and area. The subject lands front onto a public street and
full services are available. There are no natural heritage features that would be impacted
by the proposed consent application. Planning staff is of the opinion that the proposed
severances conform with the City of Kitchener Official Plan.
Zoning By-law 2019-051:
our Zone (RES-4-law 2019-
--rise residential dwelling types including
single detached, semi-detached and multiple dwellings. -
minimum lot width of 7.5 metres and a minimum lot area of 210 square metres for semi-
detached dwelling units.
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. The uses of both the severed and retained parcels are in
-law. Planning staff is of the opinion
that the size, dimension and shape of the proposed lots are suitable for the use of the
lands and compatible with the surrounding community. There are existing schools within
the neighbourhood. The easements will ensure orderly development is achieved. Staff is
further of the opinion that the proposal is consistent with the Region of Waterloo Official
Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden
Horseshoe and is good planning and in the public interest.
Environmental Planning Comments:
No environmental comments or concerns.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances.
The Building Division has no objections to the proposed consents.
Engineering Division Comments:
No concerns to the proposed variance.
The following be included as conditions of the Consent Application B2024-028
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary 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 and water
municipal services are currently available to service this property. Any further enquiries
in this regard should be directed to eric.riek@kitchener.ca
Any new driveways are to be built to City of Kitchener standards. All works are at the
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.
Parks/Operations Division Comments:
(Demolition and Building permits have been issued. See also comments for B2024-
027)
There is an existing City-owned street tree located on Edmund Road that will be impacted
by construction and conflicts with the proposed driveway location. A Tree Protection and
Enhancement Plan (TPEP) and ISA valuation of the existing tree is required, please see
Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement. Full
compensation is expected prior to clearance of severance conditions.
Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new
development lot will be created. The cash-in-lieu dedication required is $11,862.00. Park
Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontage of 7.92 metre at a land value of $36,080.00 per frontage
metre with a per unit cap of $11,862.00.
There is an existing City-owned street tree located on Edmund Road that will be impacted
by construction and conflicts with the proposed driveway location. A Tree Protection and
Enhancement Plan (TPEP) and ISA valuation of the existing tree is required, please see
Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement. Full
compensation is expected prior to clearance of severance conditions.
Transportation Planning Comments:
Transportation Services have no concerns with the applications.
Grand River Conservation Authority (GRCA) Comments:
GRCA has no objections to the approval of the above noted applications.
Region of Waterloo Comments:
No concerns with regards to the variances.
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 per application to the
Regional Municipality of Waterloo.
2. That the Owner/Developer submit a Notice of Source Water Protection Plan
Compliance to the Regional Municipality of Waterloo.
3. That the Owner/Developer enter into a registered development agreement with the
City of Kitchener to include the following noise warning clause in all agreements of
Offer of purchase/sale and lease/rental for all dwelling units on both retained and
severed lots, to the satisfaction of the Region:
i. Purchasers/tenants are advised that sound levels due to increasing road traffic on
Weber Street East and Conestoga Parkway 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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
th
150 Frederick Street, 8 floor
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 30, 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 - B2024-026, B2024-027, B2024-028
Committee of Adjustment Hearing October 15, 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: 4791685
File: B 2024-026
Address: 211 Lancaster St W
Description: Lot 193, Plan 318
Owner: Kiros Tsige - Fiyori Weldegebrial
Agent: Isoline Architects Inc c/o Othman Rmmo
The applicant/owner proposes consent to sever for the purpose of creating a new
residential lot. The existing single detached dwelling will remain on retained lot (existing
shed to be demolished). A new single detached dwelling is proposed to be constructed
on severed lot. The proposed retained lot measures 399.63sqm with 10.923m frontage.
The proposed severed lot measures 292sqm with 7.974m frontage. The application
notes that a minor variance is required to facilitate the severance, with respect to a
reduced lot frontage.
The subject lands are within the Delineated Built-up Area and Urban Area Boundary in
the Regional Official Plan (Map 1, 2). The subject lands are designated Low-Rise
Residential in the City’s Official Plan (Map 3 – Land Use) and zoned RES-5. Residential
uses are permitted.
Culture, Heritage, and Indigenous Engagement (Advisory)
The subject property has archaeological potential due to its location within a potential
heritage area of interest, location within a historic landform and proximity to a historic
road, however, the Region does not require Archeological Assessment at this time.
The owner/applicant is advised that an Archeological Assessment will be required for
any future Planning Act application for the severed and retained lands. In accordance
with Regional Official Plan policy 3.G.9, the owner/applicant will be required to have a
licensed Archaeologist complete an Archeological Assessment of the subject property
prior to any site alteration that will result in ground disturbance. The applicant must
submit the Archaeological Assessment report(s) to the Ministry of Citizenship and
Multiculturalism, and once reviewed and accepted, provide a copy of the Ministry’s
Acknowledgement letter(s) and the Assessment report(s) to the satisfaction of the
Region of Waterloo’s Planning, Development and Legislative Services Department.
In the event of site alteration that does not trigger the requirement for Archeological
Assessment under the Planning Act, if archaeological resources are discovered during
future development or site alteration of the subject property, the applicant will need to
immediately cease alteration/development and contact the Ministry of Citizenship and
Multiculturalism. If it is determined that additional investigation and reporting of the
archaeological resources is needed, a licensed archaeologist will be required to conduct
this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human
remains/or a grave site is discovered during development or site alteration of the subject
property, the applicant will need to immediately cease alteration and must contact the
proper authorities (police or coroner) and the Registrar at the Bereavement Authority of
Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96
and associated Regulations.
Environmental Noise Impact
At this location, the proposed development may encounter traffic noise sources due to
Lancaster St W(RR#29) and stationary noise sources due to industrial land uses in
proximity. It is the responsibility of the applicant to ensure the proposed noise sensitive
development is not adversely affected by anticipated noise impacts. To address the
environmental noise impacts, the applicant must prepare an Environmental Noise
Study; the noise levels criteria and guidelines for the preparation of the study should
follow the Ministry of the Environment, Conservation and Park NPC-300 requirements.
The Regional process for this requirement can be provided upon request.
Alternatively, Regional Staff would waive this condition if the applicant entered into an
agreement with the Region of Waterloo to implement Noise Warning Clauses. The
following clauses would be included in all agreements of Offer of purchase/sale and
lease/rental for all dwelling units on both retained and severed lots.
All Units/ Type A:
Purchasers/tenants are advised that sound levels due to increasing road traffic on
Lancaster Street West 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.
All Units/ Type E:
Purchasers/tenants are advised that noise due to industrial land use in proximity may at
times be audible.
Road Widening
At this location, Regional Road #29 (Lancaster Street West) has a designated width in
the Regional Official Plan (ROP) of 26.213m. An approximate 3 metre road widening will
be required along the Lancaster St W frontage for retained and severed lands. An
Ontario Land Surveyor (OLS) would have to determine the exact road widenings.
The Owner/Applicant must engage an OLS to prepare a draft reference plan which
illustrates the required road allowance widening. Prior to registering the reference plan,
the OLS should submit a draft copy of the plan to the Transportation Planner for review.
An electronic copy of the registered plan is to be emailed to the Transportation Planner.
Further instructions will come from the Region’s Legal Assistant with regard to
document preparation and registration. It is recommended that the OLS contact Region
staff to discuss the road widening prior to preparing the Reference Plan.
The land must be dedicated to the Region of Waterloo for road allowance purposes and
must be dedicated without cost and free of encumbrance. All land dedications should be
identified on the Site Plan.
Access Permit (advisory)
A Regional Access Permit will be required for the proposed driveway access onto
Lancaster Street West for the retained lot. The access must comply with the Regional
Access Policy. The fee for the issuance of the permits is $230 each.
The application for a Regional Road Access Permit can be found on the Region’ s
website at https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-
Forms/Application-and-Payment-for-an-Access-Permit
Municipal Consent (advisory)
Please be advised that any works occurring in the Regional ROW including servicing
connections and access connections would require Regional approval through a
separate process of Municipal Consent and a Work Permit. Approval through these
processes must be granted prior to development.
Water and Wastewater Services
The applicant should be made aware that no connection to the Lancaster St W regional
watermain will be permitted in accordance with Section B.2.1.4.1 of the Design
Guidelines and Supplemental Specifications for Municipal Services \[February 2024\].
The applicant/owner is asked to submit a functional servicing report for review and
approval. The functional servicing report shall demonstrate the existing infrastructure
can support the proposed development or shall make recommendations for upgrades to
the existing infrastructure.
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.
Regional Staff has no objectionto 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 the Owner/Developer enter into a registered development agreement with
the Regional Municipality of Waterloo to include the following noise warning
clause in all agreements of Offer of purchase/sale and lease/rental for all dwelling
units on both retained and severed lots, to the satisfaction of the Region:
i. Purchasers/tenants are advised that sound levels due to increasing road traffic
on Lancaster Street West 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.
ii. Purchasers/tenants are advised that noise due to industrial land use in
proximity may at times be audible.
3. That the Owner/Developer dedicate an approximate 3.0m road widening along
the Lancaster Street West frontage for retained and severed lands, to the
satisfaction of the Regional Municipality of Waterloo. The owner/applicant must
engage an Ontario Land Surveyor to prepare a reference plan which illustrates
the required road widening lands to the satisfaction of the Regional Municipality
of Waterloo and the road widening must be dedicated without cost and free of
encumbrance.
4. That the Owner/Developer submit a Functional Servicing Report, to the
satisfaction of the Regional Municipality of Waterloo.
File: B 2024-027/ B 2024-028
Address: 130 Edmund Rd/ 132 Edmund Rd
Description: Lot 88, Plan 651
Owner: Jason Malfara / Joanne McCallum
The applicants/owners propose consent to sever for the purpose of creating a new
residential lot, and establishing mutual reciprocal access easement along common
property line. The two parcels are municipally addressed as 130 Edmund Rd and 132
Edmund Rd. A semi-detached dwelling is proposed to be constructed on each lot. The
proposed retained lot measures 318.83sqm with 7.93 frontage. The proposed severed
lot measures 318.63sqm with 7.92m frontage. The proposed easement is 1.5m in width,
40.3m in depth. The application notes that a minor variance is required to facilitate the
severance.
The subject lands are within the Delineated Built-up Area and Urban Area Boundary in
the Regional Official Plan (Map 1, 2). The subject lands are designated Low-Rise
Residential in the City’s Official Plan (Map 3 – Land Use) and zoned RES-4. Residential
uses are permitted.
Source Water Protection Policy
Notice of Source Protection Plan Compliance
The subject property is in a Source Protection Area where risk management 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.
Environmental Noise Impact
At this location, the proposed development may encounter traffic noise sources due to
Weber Street East (RR#08) and Conestoga Parkway (HWY 7).
It is the responsibility of the applicant to ensure the proposed noise sensitive
development is not adversely affected by anticipated noise impacts. To address the
environmental noise impacts, the applicant must prepare an Environmental Noise
Study; the noise levels criteria and guidelines for the preparation of the study should
follow the Ministry of the Environment, Conservation and Park NPC-300 requirements.
The Regional process for this requirement can be provided upon request.
Alternatively, Regional staff would waive this condition if the applicant entered into an
agreement with the City of Kitchener to implement Noise Warning Clauses. The
following clauses would be included in all agreements of Offer of purchase/sale and
lease/rental for all dwelling units on both retained and severed lots.
All Units/ TypeA:
Purchasers/tenants are advised that sound levels due to increasing road traffic
on Weber Street East and Conestoga Parkway 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.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350 per
application (i.e. $700 total). 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.
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 per application
to the Regional Municipality of Waterloo.
2. That the Owner/Developer submit a Notice of Source Water Protection Plan
Compliance to the Regional Municipality of Waterloo.
3. That the Owner/Developer enter into a registered development agreement with
the City of Kitchener to include the following noise warning clause in all
agreements of Offer of purchase/sale and lease/rental for all dwelling units on
both retained and severed lots, to the satisfaction of the Region:
i. Purchasers/tenants are advised that sound levels due to increasing road
traffic on Weber Street East and Conestoga Parkway 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.
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
September 30, 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 October 15, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 080 – 92 River Road East – No concerns
2) A 2024 - 081 – 236 Margaret Avenue – No concerns.
3) A 2024 – 082 – 685 Frederick Street – No concerns.
4) A 2024 - 083 – 361 Westmeadow Drive – No concerns.
5) A 2024 - 084 – 18 Pine Street – No concerns.
6) A 2024 - 085 – 62 Gage Street – No concerns.
7) A 2024 - 086 – 1295 Bleams Road – No concerns.
8) A 2024 - 087 – 211 Lancaster Street West – No concerns.
9) A 2024 - 088 – 130 Edmund Road - No concerns.
10) A 2024 - 089 – 132 Edmund Road – No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
Document Number: 4791308
91308
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: 4791308
September 27, 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 October15, 2024
Applications for Minor Variance
A 2024-08092 River Road EastA 2024-0861295 Bleams Road
A 2024-081236 Margaret AvenueA 2024-087211 Lancaster Street West
A 2024-082685 Frederick StreetA 2024-088130 Edmund Road
A 2024-08418 Pine StreetA 2024-089132 Edmund Road
A 2024-08562 Gage Avenue
Applicationsfor Consent
B 2024-026211 Lancaster Street West
B 2024-027130 Edmund Road
B 2024-028132 Edmund Road
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes.The properties 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 - 130 and 132 Edmund Road - B 2024-027 and B 2024-028
Date:Wednesday, October 2, 2024 7:52:28 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-027 and B 2024-028 dated September 20, 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