HomeMy WebLinkAboutDSD-2024-070 - B 2024-029 - 62 Fourth Avenue
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 19, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Brian Bateman, Senior Planner, 519-783-8905
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: November 6, 2024
REPORT NO.: DSD-2024-070
SUBJECT: Consent Application B2024-029 62 Fourth Avenue
RECOMMENDATION:
That Consent Application B2024-029 for 62 Fourth Avenue requesting consent to
sever a parcel of land having a lot width of 7.6 metres on Fourth Avenue, a lot depth
of 40.3 metres and a lot area of 307.6 square metres., BE APPROVED, subject to the
following conditions:
1. That the Odocuments 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 Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the
site (servicing, SWM etc.) with corresponding layer names and asset
information
prior to deed endorsement.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
6. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of the
City's Director of Engineering Services.
7. That any new driveways are to be built to City of Kitchener standards at the
ices.
8. 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.
9. That the Owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $8,032.00.
10. That that the Owner make satisfactory financial arrangements with the City in
the amount of $5,400.00 in Urban Forest Compensation for the tree removal in
11. That the Owner/Applicant submit the Section 59 Notice to the Regional
Municipality of Waterloo.
12. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
13. That the Owner 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 the retained and severed
lots, to the satisfaction of the Region.
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
REPORT HIGHLIGHTS:
The purpose of this report is to discuss a request to divide a property for the purposes
of creating separate parcels of land to facilitate the sale of each half of a semi-
detached duplex dwelling under construction.
The key finding of this report is that the consent represents good planning and staff is
recommending approval accordingly.
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 re
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 62 Fourth Avenue in the Vanier Neighborhood. The
property did contain a detached home shown below in Figure 1 that has been demolished
in favour of a semi-detached duplex dwelling currently under construction shown in Figure
2.
Figure 1: Aerial Photo of 62 Fourth Avenue
The subject property is Urban Structure and is
--law 2019-
051.
The purpose of the consent application is to split the property (see Figure 3) so that each
half of the semi-detached duplex dwelling can be on separate parcels of land to be dealt
with independently. Each parcel to be created complies with the RES-4 zoning regulations
in terms of lot width and area. How the dwellings will look is shown in Figure 4.
Figure 2: Photo of Current View of Subject Property
Figure 3: Proposed Consent Drawing
Figure 4: Elevation Drawings
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
The Provincial Planning Statement (PPS), 2024 is a streamlined province-wide land use
planning policy framework that replaces both the Provincial Policy Statement, 2020 and A
Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 while building upon
housing-supportive policies from both documents. The PPS 2024 came into force on
October 20, 2024.
According to the Province, the PPS 2024 provides municipalities with the tools and
flexibility they need to build more homes. It enables municipalities to:
plan for and support development, and increase the housing supply across the
province;
align development with infrastructure to build a strong and competitive economy
that is investment-ready;
Sections 2.1.6 and 2.3.1.3 of the PPS 2024 promote planning for people and homes and
supports planning authorities to support general intensification and redevelopment while
achieving complete communities by, accommodating an appropriate range and mix of land
uses, housing options, transportation options with multimodal access, employment, public
service facilities and other institutional uses, recreation, parks and open space, and other
uses to meet long-term needs.
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 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.
The Urban Structure and is
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:
7.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 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 conforms with the City of Kitchener Official Plan.
Zoning By-law 2019-051
The subject property is zoned -4)-
2019-051. A semi-detached dwelling plus an Additional Dwelling Unit (ADU) (Attached) is
a permitted use. The proposed lot sizes comply with the lot area/width regulations.
Variances are not required to facilitate the consent.
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:
Building permit has been issued and foundation installed, no opportunity to retain trees on
site is possible.
Heritage Planning Comments:
No concerns.
Building Division Comments:
Has no objections to the consent.
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 niall.melanson@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:
As a condition of Building permit application 2024 113417 parkland dedication of
$3,830.00 was incorrectly assessed and paid for the construction of the duplex semi-
detached dwelling.
Additional 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 is calculated as $11,862.
Since $3,830.00 has been paid previously, the required Parkland Dedication is $8,032.00
and is required prior to final approval of the Consent.
Park Dedication is calculated at 5% of the new development lots only, with a land
valuation calculated by the lineal frontage of 7.62 metres at a land value of $36,080.00 per
frontage metre with a per unit cap of $11,862.00. The fees previously paid at Building
permit have been deducted from the required fees.
Through the Building Permit application 2024 113417 it was noted that there was an
existing City-owned street tree within the boulevard at 62 Fourth Ave and that the
proposed driveway should be revised to protect this tree. Through the building and
demolition permit process, the applicant had made initial contact with Forestry staff but
failed to provide all information requested. According to current Forestry compensation
protocols for tree removal, $5,400.00 in Urban Forest Compensation is required. This
compensation is required prior to final approval of the Consent.
Transportation Planning Comments:
No concerns.
Region of Waterloo Comments:
Environmental Noise
At this location, the proposed development may encounter traffic noise sources due to
Highway 7 and Highway 8. 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.
In lieu of an Environmental Noise Study, the Region will require as a condition of consent
approval that the owner/applicant enter into a registered Development Agreement with the
City of Kitchener to implement the following noise mitigation measures:
a) That the following warning clause be included in all agreements of purchase and sale
and/or rental agreements for all dwelling units on the severed and retained lots:
(i)
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
Environm
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act and
Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of Source
Protection Plan Compliance (Section 59 Notice) is required as part of a complete
application. Please visit the TAPS website to obtain documentation and for further
information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be required as
condition of approval for the consent application.
Regional Review Fees
Regional Staff are not in receipt of the required consent review fee of $350.00. 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 Section 59 Notice to the Regional Municipality of
Waterloo.
2. That the Owner/Applicant submit the consent review fee of $350 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 the retained and
severed lots, to the satisfaction of the Region.
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.
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
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 Planning Statement (PPS 2024)
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
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
November 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:
B 2024-029 to B 2024-36 exclusively
Committee of Adjustment Hearing November 19, 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: 4817591
B 2024-029
62 Fourth Ave
PLAN 254 PT LOT 75 PT LOT 76
Owner: Ken Hodgins
Application: Jon O’Malley
The applicant/owner proposes consent to sever existing residential parcel to create a
new lot; the proposed lots being equal in dimension: 7.62m width, 40.37m depth, and
307.62 sqm area. A building permit has been issued for the construction of a duplex
semi-detached dwelling, and the consent would facilitate the conveyance of each
dwelling on separate lots.
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.
Environmental Noise
At this location, the proposed development may encounter traffic noise sources due to
Highway7and Highway 8. It is the responsibility of the applicant to ensure the
proposed noise sensitive development isnot 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.
In lieu of an Environmental Noise Study, the Region will require as a condition of
consent approval that the owner/applicant enter into a registered Development
Agreement with the City of Kitchenerto implement the following noise mitigation
measures:
a) That the following warning clauses be included in all agreements of purchase and
sale and/or rental agreements for all dwelling units on the retained and severed lots:
(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.”
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act and
Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application. Please visit the TAPS website to obtain documentation and for
further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be
required as condition of approval for the consent application.
Document Number: 4817591
Regional Review Fees
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 objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the Section 59 Notice to the Regional
Municipality of Waterloo.
2. That the Owner/Applicant submit the consent review fee of $350 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 the
retained and severed lots, to the satisfaction of the Region:
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 the Environment, Conservation and Parks.
Document Number: 4817591
B 2024-030
630 Benninger Dr
BLOCK 132, PLAN 58M-642
Owner: Activa Holdings Inc
Applicant: MHBC (Rachel Wolff)
The applicant/owner proposesconsent to create an access easement over the internal
roadway in Unit 2, in favour of Units 3-9, within WVLCP 782 (as illustrated on Parts 1
and 2 on Plan . 58R-21439). The access easement will provide Units 3 through 9 with
legal access to and from Benninger Drive, and facilitate redevelopment of the site in
accordance with approved Site Plan SP21/017/B/CD. Originally, the road was planned
to be registered as common element within a standard plan of condominium. However,
this is no longer possible as the owners have decided not to proceedwith said
registration of Units 1 through 9.
The subject lands are within the Urban Area Boundary and designated Greenfield Area
in the Regional Official Plan (Map 1, 2). The subject lands are designated Low-Rise
Residential/ Mixed Use in the City’s Official Plan (Map 3 – Land Use) and zoned Mix-1.
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act,
and Wellhead Protection Sensitivity Area and Groundwater Recharge Area under the
Regional Official Plan. A Notice of Source Protection Plan Compliance (Section 59
Notice) is required as part of a complete application. Please visit the TAPS website to
obtain documentation and for further information: https://taps.regionofwaterloo.ca/. The
Section 59 Notice will be required as condition of approval for the consent application.
Regional Review Fees
Regional Staff received the required consent review fee of $350 on November 1, 2024.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the Section 59 Notice to the Regional
Municipality of Waterloo.
Document Number: 4817591
B 2024-031
829 Stirling Ave S
PT LT 3 PL 785 KITCHENER AS IN 876791
Owner: KK Holding Inc
Applicant: Venkata Thamma
The applicant/owner proposes consent to sever existing residential parcel to create a
new lot, each lot being equal in dimension: 7.92m width, 45.72m depth, and 362.31sqm
area. The consent will facilitate the redevelopment of the subject site with construction
of a duplex semi-detached dwelling on each lot.
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.
Environmental Noise
At this location, the proposed development may encounter noise sources due to Hwy 7
and Hwy 8. 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.
In lieu of an Environmental Noise Study, the Region will require as a condition of
consent approval that the owner/applicant enter into a registered Development
Agreement with the City of Kitchenerto implement the following noise mitigation
measures:
a) That the following warning clauses be included in all agreements of purchase and
sale and/or rental agreements for all dwelling units on the retained and severed lots:
(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.”
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act and
Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application. Please visit the TAPS website to obtain documentation and for
further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be
required as condition of approval for the consent application.
Document Number: 4817591
Regional Review Fees
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 objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the Section 59 Notice to the Regional
Municipality of Waterloo.
2. That the Owner/Applicant submit the consent review fee of $350 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 warning clauses in all agreements of
purchase and sale and/or rental agreements for all dwelling units on theretained
and severed lots:
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.”
Document Number: 4817591
B 2024-032/ B 2024-033
75 Otterbein Rd (severed/retained)
PLAN 58M654 BLK 1
Owner: Nitin Jain / KOLB CREEK LAND CORP
Applicant: MHBC (Dave Aston)
The applicant/owner is proposing consent to create a number of reciprocal easements
for access, infrastructure and maintenance. The consent will facilitate redevelopment of
the site in accordance with Site Plan SP22/078/O/ES (approved in principle). The
proposed easements are as follows: Part 2 and 5 (access and servicing); Part 6 and 7
(servicing and drainage).
The applicant notes that the current consent applications represent a resubmission of
B2023-039, the difference being that more information is provided on the applicable
parts, while the severance plan remains the same. B2023-040 created the two parcels
(conditionally approved with lapsing date of October 27, 2025), while B2023-039 had
proposed associated easements.
The applicant states that the consent applications will facilitate the creation of two
separate condominiums that function as a single cohesively planned development,
while satisfying construction, phasing, and financing concerns. The site is planned to be
developed with two 6-storey apartment buildings (48 units each) and three townhouse
blocks (57 units), for a total of 153 units, including common amenity areas, private
access roads, and surface parking (169 spaces).
The subject lands are within the Urban Area Boundary and designated Greenfield Area
in the Regional Official Plan (Map 1, 2). The subject lands are designated Medium-Rise
Residential in the City’s Official Plan (Map 3 – Land Use) and zoned RES-6.
Salt Management Plan (Advisory)
The property is in a vulnerable area under the 2022 Grand River Source Protection
Plan, but not within the area where Risk Management Plan or prohibition polices
implemented by the Region of Waterloo apply.
The owner/applicant is advised that a Salt Management Plan (SMP) is required to be
submitted for review and approval by the Region as through the related Site Plan
application.
Airport Zoning Regulations (Advisory)
The parcel is within the Airport Zoning Regulations (AZR) with an allowable elevation of
356.5m ASL, which is roughly 37m above existing ground. Any cranes used onsite is
expected to exceed this height limitation and would therefore require an exemption to
the AZR. Note that an aeronautical assessment had previously been completed for 50
Otterbein Road, showing an allowable height of 393m ASL. Development height was
below this elevation, and so the airport approved of the exemption.
Document Number: 4817591
The developer is required to submit a Land Use Assessment to Nav Canada for the
building and any cranes, and obtain a letter of no objection to the satisfaction of the
Region. https://www.navcanada.ca/en/aeronautical-information/land-use-program.aspx
If an AZR exemption is required (any obstacles above 356.5m ASL), then the developer
will also need to submit an Aeronautical Assessment Form to Transport Canada and
comply with all requirements. https://tc.canada.ca/en/aviation/general-operating-flight-
rules/marking-lighting-obstacles-air-navigation
Regional Review Fees
Regional Staff are not in receipt of the required consent review fee of $350 per
application. 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.
Document Number: 4817591
B 2024-034/ B2024-035
70 Rutherford Dr/ 74 Rutherford Dr
PART LOT 7 PLAN 742 BEING PARTS 1-4ON PLAN 58R-21514
Owner: Pero/Mirjana Perencevic
Applicant: Bobicon Ltd (Boban Jokanovic)
The owner/applicant is proposing consent to create reciprocal easements for access to
parking lot. The subject lands were severed into two lots through approved consent
B2022-003. A reciprocal easement was not required at that time.
The subject lands are within the Urban Area Boundaryand designated Built-Up Areain
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.
Regional Review Fees
Regional Staff are not in receipt of the required consent review fee of $350 per
application. 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.
Document Number: 4817591
B 2024-036
73 Fourth Ave
LT 95 PL 254 TWP OF WATERLOO
Owner: Nikola Vrzic
Applicant: Bobicon Ltd (Boban Jokanovic)
The owner/applicant is proposing consent to sever existing residential lot to create new
residential lot. The retained and severed lots being equal in dimension; 10.058m width,
40.279m depth, and 405.126sqm area. The consent will facilitate the redevelopment of
the new lot with a detached duplex dwelling. Frontage and access on Fourth Ave for
both lots is proposed.
The subject lands are within the Urban Area Boundary and designated Built-Up Area 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.
Environmental Noise
At this location, the proposed development may encounter traffic noise sources due to
Highway7andHighway 8. 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.
In lieu of an Environmental Noise Study, the Region will require as a condition of
consent approval that the owner/applicant enter into a registered Development
Agreement with the City of Kitchenerto implement the following noise mitigation
measures:
a) That the following warning clauses be included in all agreements of purchase and
sale and/or rental agreements for all dwelling units on the retained and severed lots:
(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.”
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act and
Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application. Please visit the TAPS website to obtain documentation and for
Document Number: 4817591
further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be
required as condition of approval for the consent application.
Regional Review Fees
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 objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the Section 59 Notice to the Regional
Municipality of Waterloo.
2. That the Owner/Applicant submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
3. That the Owner/Applicant 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 the
retained and severed lots, to the satisfaction of the Region:
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 the Environment, Conservation and Parks.
Document Number: 4817591
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 RPP
Planner, Regional Growth, Development and Sustainability Services
Regional Municipality of Waterloo
Document Number: 4817591
November 4, 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 November 19, 2024
Applications for Minor Variance
A 2024-090386 Wake Robin CrescentA 2024-098153 Eighth Avenue
A 2024-09132 Burgetz AvenueA 2024-100100-106 St. George Street
A 2024-09234 Burgetz AvenueA 2024-101100-106St. George Street
A 2024-09336 Burgetz AvenueA 2024-102100-106 St. George Street
A 2024-09438 Burgetz AvenueA 2024-103100-106 St. George Street
A2024-09529 The CrestwayA 2024-10470 Rutherford Drive
A 2024-096165 Fairway Road NorthA 2024-10574 Rutherford Drive
A 2024-097593 Ephraim StreetA 2024-10673 Fourth Avenue
Applicationsfor Consent
B 2024-02962 Fourth AvenueB 2024-034 & B 2024-03570 & 74
B 2024-030630 Benninger DriveRutherford Drive
B 2024-031829 Stirling Avenue SouthB 2024-03673 Fourth Avenue
B2024-032& B 2024-03375 Otterbein
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 - 62 Fourth Avenue - B 2024-029
Date:Wednesday, November 6, 2024 4:47:55 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-029 dated October 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