HomeMy WebLinkAboutDSD-2024-496 - A 2024-106 & B 2024-036 - 73 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: Sean Harrigan, Senior Planning Technician, 519-783-8934
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: November 6, 2024
REPORT NO.: DSD-2024-496
SUBJECT: Minor Variance Application A2024-106 73 Fourth Avenue
Consent Application B2024-036 - 73 Fourth Avenue
RECOMMENDATION:
A. Minor Variance Application A2024-106 73 Fourth Avenue
That Minor Variance Application A2024-106 for 73 Fourth Avenue requesting
relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit a minimum
front yard setback of 9.58 metres instead of the minimum required 11.25 metres,
generally in accordance with drawings prepared by Bobicon LTD., dated
September 29, 2024, BE APPROVED.
B. Consent Application B2024-036 73 Fourth Avenue
That Consent Application B2024-036 for 73 Fourth Avenue requesting consent to
sever a parcel of land having a lot width of 10 metres, a lot depth of 40.2 metres
and a lot area of 405.1 square metres, BE APPROVED subject to the following
conditions:
1. That Minor Variance Application A2024-106 receive final approval.
2. That the O
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
3. That the Owner shall obtain a tax certificate from the City of Kitchener to
verify that there are no outstanding taxes on the subject property(ies) to the
4. That the owner provides a digital file of the deposited reference plan(s)
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the
plan(s).The digital file needs to be submitted according to the City of
Mapping Technologist.
5. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
6. 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.
7. 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.
8. That any new driveways are to be built to City of Kitchener standards at the
satisfaction of the
9. That the Owner provides confirmation that the basement elevation can be
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
Director of Engineering Services.
10. That the City-owned street tree in front of the severed lot shall be protected
during any development or site alterations, including but not limited to, the
installation of driveways and services, to the satisfaction of the Director of
Parks and Cemeteries.
11. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
12. That, prior to final approval, the applicant submits the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
13. That prior to final approval, the Owner/Applicant submits a valid Section 59
notice.
14. 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:
traffic may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the
REPORT HIGHLIGHTS:
The purpose of this report is to review the application to sever the subject lands into
two (2) parcels to facilitate the construction of a single detached dwelling with an
Additional Dwelling Unit (ADU)(Attached), a duplex dwelling, on each parcel. A minor
variance for a reduced minimum front yard setback is required for the retained parcel.
The key finding of this report is that the consent and minor variance applications align
with applicable policies and that the variance satisfies the four tests in the Planning
Act. As such, staff recommend approval of the 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Fourth Avenue between Kingsway
Drive and Connaught Street. The property previously contained a single detached dwelling
and detached garage which have recently been demolished to facilitate the proposed
severance application. A new single detached dwelling with an Additional Dwelling Unit
(ADU) (Attached), a duplex, is currently being constructed on the north side of the property
within the proposed retained lot.
Figure 1: Location Map - 73 Fourth Avenue (Outlined in Red)
on Map 2 Urban Structure and is
Low Rise Residential
Low Rise Residential Four Zone (RES-4-law 2019-
051.
Established Neighbourhoods Area-law 2019-051.
The purpose of the consent application is to divide the property into two (2) separate
parcels of land to facilitate the construction of single detached dwelling with an Additional
Dwelling Unit (ADU) (Attached), duplexes, on each of the severed and retained parcels.
The purpose of the Minor Variance Application is to permit a reduced minimum front yard
setback of 9.58 metres on the retained lot instead of minimum required 11.25 metres. This
reduced front yard setback is required for the front porch and balcony which must adhere
to the minimum front yard setback due to the porch height and the fact that the balcony is
supported by the ground. The habitable portion of the dwelling and garage will meet the
11.25 metre setback. The proposed duplex dwelling for the severed lot will meet the
minimum required setback.
Figure 2: Proposed Severance Sketch and Reduced Front Yard Setback
Figure 3: Building Elevation
Figure 4: Subject Property and Foundation for Single Detached Dwelling on
Retained Lot
Figure 5: Porch for Retained Lot and Streetscape North of Subject Site
Figure 6: Porch for Retained Lot and Streetscape South of Subject Site
REPORT:
Planning Comments Minor Variance Application A2024-106:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The general intent of the Low Rise Residential designation is to support a high
quality of life while ensuring that existing and new residential areas are walkable and
supported by all modes of transportation. To this regard, the proposed reduced front yard
setback is required to accommodate a front porch and ground supported balcony directly
above the porch. These outdoor spaces provide additional amenity space which
contributes to the high quality of life while helping to activate the streetscape thereby
supporting walkability. Furthermore, Official Plan policy 4.C.1.8.b) states that where front
yard setback reductions are proposed for new buildings in established neighbourhoods,
the requested front yard setback should be similar to adjacent properties and supports the
character of the streetscape and neighbourhood. The proposed front yard setback for the
retained land is between the existing front yard setbacks of the abutting properties and
supports the character of the streetscape and neighbourhood. As such, staff are satisfied
that the proposed variance adheres to the general intent of the Official Plan.
General Intent of the Zoning By-law
Established
Zoning By-law 2019-051. Properties within this area must have a front yard setback within
1 metre of the average existing front yard setbacks of the two abutting properties. The
general intent of this regulation is to help ensure a consistent streetscape and that new
development does not appear out of place when compared to abutting properties. To this
regard, staff are satisfied that the proposed front yard setback of 9.58 metres for the
retained lot maintains the general intent of this regulation. As shown in Figure 5 and 6, the
proposed front porch and balcony is situated between the existing front yard setbacks on
the abutting properties which means the dwelling on the retained lot will not appear out of
place. Furthermore, the proposed dwelling for the severed lot will comply with the required
front yard setback and will be situated further back from the front lot line than the dwelling
on the retained lot. This will help ensure a smooth transition and consistent streetscape
between the retained lot and the abutting property to the south.
Are the Effects of the Variance Minor?
Staff are satisfied that the potential effects of the proposed minor variance are minor in
nature. As mentioned above, the proposed front yard setback is still between the existing
front yard setbacks of abutting properties and the proposed dwelling on the severed lot
provides a suitable transition to the abutting property to the south.
Is the Variance Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
The proposed variance is considered desirable for the proposed development of the land.
The reduced front yard setback will permit a porch and ground supported balcony which
will provide additional amenity space while still maintaining a consistent streetscape.
Planning Comments Consent Application B2024-036:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2024)
Staff are satisfied that the proposed infill severance is consistent with the Provincial Policy
Statement in general and as it related to housing policies in Chapter 2 regarding
intensification and facilitating housing options.
Regional Official Plan (ROP):
the Urban Area. The subject lands fall within the Urban Area and 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 and community infrastructure required for the
proposed residential development, including transportation networks, municipal water and
wastewater systems, and a broad range of social and public health services. Regional
polices 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. Staff are satisfied that he proposed
severance adheres to these policies and conforms to the ROP.
Community Areas Urban Structure and is
Low Rise Residential The
proposed severance conforms to this aspect of the Official Plan and maintains the
residential land use designation and general intent.
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 severed and retained lots satisfy the minimum zoning requirements for lot
width and lot area and the proposed detached dwellings adhere to the building height and
setback requirements, except for the front yard setback on the retained land which is
addressed through an appropriate minor variance. The proposed lots also reflect the
general scale and character of the established development pattern for this area as shown
in Figure 1. Finally, the lots have suitable frontage on a public street, access to full
municipal services, do not restrict development of adjacent properties, and do not require
a plan of subdivision. As such, staff are satisfied that he proposed severance conforms to
the City of Kitchener Official Plan.
Zoning By-law 2019-051
Low Rise Residential Four Zone (RES-4-law 2019-
051.
Estab-law 2019-051. The
proposed development is zoning complaint with respect to lot area and lot width
requirements. The proposed dwellings are also zoning complaint except for the front yard
setback on the retained lot which as discussed above is addressed through a minor
variance which satisfies the Four Tests.
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:
Environmental Planning has no concerns with these applications.
Heritage Planning Comments:
Heritage Planning has no concerns with these applications.
Building Division Comments:
The Building Division has no objections to the proposed consent or proposed variance.
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 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
needs 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:
A2024 106 73 Fourth Ave
Through Curb Cut application 2024 127427 tree protection has been approved by
Forestry; this tree protection is still required.
B2024 036 - 73 Fourth Ave
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 10.058 metre at a land value of $36,080.00 per
frontage metre with a per unit cap of $11,862.00.
As noted for A2024 106 73 Fourth Ave, tree protection fencing has been required for
Curb Cut application 2024 127427, and this TPF should be maintained through all
demolition and construction.
Transportation Planning Comments:
Transportation Services have no concerns with these applications.
Region of Waterloo Comments:
The owner/applicant is proposing consent to sever existing residential lot to create a new
residential lot. The retained and severed lots being equal in dimension; 10.058metre
width, 40.279 metre depth, and 405.126 square metre area. The consent will facilitate the
redevelopment of the new lot with a detached duplex dwelling. Frontage and access on
Fourth Avenue or both lots is proposed.
The subject lands area within the Urban Area Boundary and designated Built-up Area in
the Regional Official Plan (Maps 1, 2). The subject lands are designated Low Rise
Residential Land Use) and zoned RES-4
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 NPS-300 requirements.
The Regional process for the 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 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
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. 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@regionalofwaterloo.ca.
- Cheque or bank draft can be dropped off at Head Office lobby/security (main floor),
located at 150 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 of bank draft can be mailed as follows: Attention 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 he 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/Application 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
Environment, Conservation, and Parks.
General Comments
Any submission requirements may be subject to peer review, at the owner/applica
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 be
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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
i
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 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
October30, 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 November 19, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 090 – 386 Wake Robin Crescent – No concerns
2) A 2024 - 091 – 32 Burgetz Avenue – No concerns
3) A 2024 - 092 – 34 Burgetz Avenue – No concerns
4) A 2024 - 093 – 36 Burgetz Avenue – No concerns
5) A 2024 - 094 – 38 Burgetz Avenue – No concerns
6) A 2024 - 095 – 29 The Crestway – No concerns
7) A 2024 - 096 – 165 Fairway Road North –No concerns
8) A 2024 - 097 – 593 Ephraim Street – No concerns
9) A 2024 - 098 – 153 Eighth Avenue – No concerns
10) A 2024 - 099 – 165 Courtland Avenue East – No concerns
11) A 2024 - 100-103 – 100-106 St. George Street – No concerns
12) A 2024 - 104 – 70 Rutherford Drive – No concerns
13) A 2024 - 105 – 74 Rutherford Drive – No concerns
14) A 2024 - 106 – 73 Fourth Avenue – 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: 4815124
815124
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: 4815124
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 - 73 Fourth Avenue - B 2024-036
Date:Wednesday, November 6, 2024 5:39:54 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-036 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