HomeMy WebLinkAboutDSD-2024-482 - B 2024-031 - 829 Stirling Avenue South
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: Tim Seyler, Senior Planner, 519-783-8920
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: November 6, 2024
REPORT NO.: DSD-2024-482
SUBJECT: Consent Application B2024-031 829 Stirling Avenue South
RECOMMENDATION:
That Consent Application B2024-031 for 829 Stirling Avenue South requesting
consent to sever a parcel of land having a lot width of 7.9 metres, a lot depth of 45.7
metres and a lot area of 362.3 square metres, BE APPROVED subject to the
following conditions:
1. That the Oassociated
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
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
of Engineering Services.
9. That the Owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of 11,862.00.
10. That the Owner make arrangements regarding financial compensation of $5,000
for the removal of the City-owned street
Director, Parks and Cemeteries.
11. That the Owner obtains Demolition Control Approval, in accordance with the
-Director,
Development and Housing Approvals.
12. That the Owner obtains a Demolition Permit, for the existing single detached
dwelling proposed to be demolished, to the satisfaction of the Chief Building
Official, and removes the existing dwelling prior to deed endorsement.
REPORT HIGHLIGHTS:
The purpose of this report is to review a consent application to sever a parcel of land
to permit each half of a new semi-detached duplex dwelling to be dealt with
independently.
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
the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located within close proximity to the intersection of Stirling Avenue
South and Avalon Street, and directly north of Highway 7/8. The neighbourhood is
comprised of a mix of low and mid-rise residential uses.
Figure 1: Location Map 829 Stirling Avenue South
Figure 2: Existing building 829 Stirling Avenue South
Urban Structure and is
ive Zone (RES-5-law 2019-
051.
The purpose of the application is to review a consent application to sever a parcel of land
to permit each half of a new semi-detached duplex dwelling to be dealt with independently.
The severed lot would have a lot width of 7.9 metres, a lot depth of 45.7 metres and an
area of 362.3 square metres, while the retained lot would have a lot width of 7.9 metres, a
lot depth of 45.7 metres and an area of 362.3 square metres. In this case, the whole of the
semi-detached duplex dwelling will be constructed on an existing lot and each semi-
detached duplex dwelling unit has been designed to be located on a separate lot.
Furthermore, the applicant has already applied for a building permit, demolition permit,
and has obtained demolition control and a zoning occupancy certificate for the proposed
new residential dwellings. Staff are in a position to support the application moving forward.
Figure 3: Proposed Lot Fabric
Figure 4: Building Drawings Proposed Semi Detached Duplex
Figure 5: Proposed Front Elevations Semi-detached duplex dwelling
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) provides policy direction on matters of provincial
interest related to land use planning and development. Section 2.2.1 of the PPS promotes
providing an appropriate range and mix of housing options and densities to meet projected
needs of current and future residents, and sets out a policy framework for sustainable
healthy, liveable, and safe communities. The PPS promotes all housing options required to
meet the social, health, economic and well being requirements of current and future
residents, and all types of residential intensification while promoting densities for new
housing which efficiently use land, resources, infrastructure and public service facilities. It
also supports the use of active transportation and requiring transit supportive
development.
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 the new semi-
detached duplex 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.
Regional Official Plan (ROP):
within the Urban Area. The subject lands are designated Built-Up Areain 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 subject property is identified as Urban Structure and is
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 width and lot area of the proposed severed and retained lots meets the
-5 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 severance conforms with the City of
Kitchener Official Plan.
Zoning By-law 2019-051
ive Zone (RES-5-law 2019-
-5-rise residential dwelling types including
single detached, semi-detached and multiple dwellings. The whole of the semi-detached
duplex dwelling meets the RES--detached
duplex dwelling will comply as well.
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. 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. 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 natural heritage features/functions, therefore no Environmental planning concerns.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and
Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal
Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be
required for the demolition of the existing building, as well as construction of the new
residential buildings.
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
ds to be completed prior to occupancy of the
building.
A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval.
A 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:
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 metres at a land value of $36,080.00 per frontage
metre with a per unit cap of $11,862.00.
If the lot is not severed parkland dedication calculations will be assessed at each building
permit and reflect the number of approved units and overall lot area.
There is an existing City-owned street tree along the Stirling Ave S frontage and Forestry
staff have agreed that the tree may be removed. $5,000.00 in Urban Forest Compensation
is required for the removal of this tree prior to final approval of the Consent or issuance of
the Building Permits. The owner has been advised of these fees and requirement.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No regional comments or concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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 - 829 Stirling Avenue South - B 2024-031
Date:Wednesday, November 6, 2024 4:53:33 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-031 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