HomeMy WebLinkAboutCA Agenda - 2025-01-211
KITc�ivER
Committee of Adjustment
Agenda
Tuesday, January 21, 2025, 9:00 a.m. - 12:00 p.m.
Council Chambers
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
(Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended,
and Ontario Regulations 197/96 and 200/96, as amended)
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council
Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on Tuesday, JANUARY 21, 2025,
commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance
and/or Consent.
Applicants or Agents must attend in support of the application. This is a public meeting. Anyone
having an interest in any of these applications may make an oral submission at the meeting or
provide a written submission for Committee consideration. Please note this is a public meeting and
will be livestreamed and archived at www.kitchener.ca/watchnow.
The complete agenda, including staff reports will be available online the Friday prior to the week of
the meeting date.
Pages
1. COMMENCEMENT
2. IN CAMERA MEETING AUTHORIZATION
Note: Any member of the Committee may question the appropriateness of a
listed in -camera item. This may occur during the Committee of Adjustment
meeting or at the beginning of the in -camera session.
Members are being requested to enact the following resolution to authorize an
in -camera meeting:
"That an in -camera meeting be held immediately prior to the Public
meeting of the Committee of Adjustment this date for members of the
Committee of Adjustment to receive education and training as authorized
by Sections 239 (3.1) of the Municipal Act, 2001."
Following their education and training session, the Committee will reconvene the
Public meeting at 10:00 a.m., the Statutory Advertised start time, to consider the
Minor Variance and Consent applications listed on the agenda.
3. RECESS AND RECONVENE
4. ADMINISTRATIVE BUSINESS
4.1 CHAIR NOMINATION AND APPOINTMENT
4.2 VICE -CHAIR NOMINATION AND APPOINTMENT
5. MINUTES
6. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
Members of Council and members of the City's local boards/committees are
required to file a written statement when they have a conflict of interest. If a
conflict is declared please visit www.kitchener.ca/conflict to submit your written
form.
7. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT
TO THE PLANNING ACT
8. NEW BUSINESS
8.1 A 2025-001 - 535 Manitou Drive, DSD -2025-017 4
Requesting minor variances to permit a minimum exterior side yard
abutting Homer Watson Boulevard of 3.75m rather than the required 6m;
and, having 82 off-street parking spaces rather than the required 110 off-
street parking spaces, to facilitate the development of 2 business park
employment -use buildings in accordance with Site Plan application
SP24/067/M/BB.
8.2 A 2025-002 - 72 Strange Street, DSD -2025-020 15
Requesting a minor variance to permit a westerly side yard setback of
0.63m rather than the required 1.2m to facilitate the construction of an
addition in the rear yard of an existing single detached dwelling.
8.3 A 2025-003 -126 Highland Road West, DSD -2025-021 28
Requesting permission to permit the enlargement or extension of a legal
non -conforming use, a single detached dwelling, to facilitate the addition
of an Additional Dwelling Unit (ADU) (attached) to the existing single
detached dwelling in the "Mixed Use Zone (MIX -1) in Zoning By-law
8.4 A 2025-004 - 240 Chapel Street, DSD -2025-026 39
Requesting a minor variance to permit an easterly side yard setback of
0.46m rather than the required 1.2m; and, to have an unobstructed
Page 2 of 70
walkway that is a minimum of 0.92m in width rather than the required
1.1 m to facilitate the construction of an Additional Dwelling Unit (ADU) in
the rear yard of an existing single detached dwelling.
8.5 B 2025-001 - 284 Duke Street East, DSD -2025-019 53
Permission to sever a parcel of land in the rear yard, containing an
existing garage, having a width of 12.8m, a depth of 12.1 m and an area
of 155.2 sq.m. to be conveyed as a lot addition to the property
municipally addressed as 44 Betzner Avenue North.
9. ADJOURNMENT
10. PLANNING ACT INFORMATION
• Additional information is available at the Legislated Services
Department, 2nd Floor, Kitchener City Hall, 200 King Street West,
Kitchener 519-741-2203 or by emailing CofA(a)kitchener.ca.
Copies of written submissions/public agencies' comments are available
the Friday afternoon prior to the meeting on the City of Kitchener
website www.kitchener.ca/meetings in the online Council and
Committee calendar; see the meeting date for more details.
Anyone having an interest in any of these applications may attend this
meeting.
Only the Applicant, Minister, specified person (as defined in Section 1 of
the Planning Act) or public body that has an interest in the matter has
the right to appeal of decisions of the Committee of Adjustment. These
parties must make written submissions to the Committee prior to the
Committee granting or refusing Provisional Consent otherwise, the
Ontario Land Tribunal (OLT) may dismiss the appeal.
Any personal information received in relation to this meeting is collected
under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13,
and will be used by the City of Kitchener to process Committee of
Adjustment applications. Questions about the collection of information
should be directed to Marilyn Mills at marilyn.mills(a)kitchener.ca.
If you wish to be notified of a decision, you must make a written request
to the Secretary -Treasurer, Committee of Adjustment, Kitchener City
Hall, 200 King St. W., Kitchener ON, N2G 4G7.
The Notice of Hearing for this meeting was published in the Record on the 3rd
day of January, 2025.
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
Page 3 of 70
Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 21, 2025
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: January 8, 2025
REPORT NO.: DSD -2025-017
SUBJECT: Minor Variance Application A2025-001 — 535 Manitou Drive
RECOMMENDATION:
That Minor Variance Application A2025-001 for 535 Manitou Drive requesting relief
from Section 5.6, Table 5-5, of Zoning By-law 2019-051 to permit a maximum parking
requirement of 110 parking spaces instead of the maximum permitted 82 parking
spaces and relief from Section 10.3, Table 10-2, of Zoning By-law 2019-051 to permit
an exterior side yard setback of 3.7 metres instead of the minimum required 6
metres to facilitate the development of the site with an industrial plaza in
accordance with Site Plan Application SP24/067/M/BB, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide Planning staff opinion of a request to vary
regulations of Zoning By-law 2019-051 to facilitate a proposed development on lands
located at 535 Manitou Drive.
• The key finding of this report is that the proposed variances are deemed minor and
necessary for the proper and orderly development of the site given context and
location.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 4 of 70
BACKGROUND:
The subject property is located at the northwest corner of the intersection of Homer
Watson Boulevard and Manitou Drive in the Huron Business Park. It is an irregular-shaped
property that is vacant and flanked by two arterial roadways and backs onto industrial and
open space lands (Budd Park).
The applicant is proposing to develop easterly portion of the property with an industrial
plaza with a right -in access only from Manitou Drive and full access to Homer Watson
Boulevard. The proposal shown below in Figure 2 has received Conditional Site Plan
Approval under Site Plan File No. SP24/067/M/BB.
To facilitate the development, two minor variances to By-law 2019-051 are required:
1. An exterior side yard setback reduction; and
2. To allow for more parking than the maximum parking rate.
O
L PARK ' -
SUBJECT PROPERTY
PJ 014
PIONLUR PARK �' 'y i 600
585' fi
a- F fie` O
Figure 1 - Aerial Photo of Subject Property
The subject property is identified as being partially within a `Neighbourhood Node' and
`Industrial Employment Area' on Map 2 — Urban Structure and is designated `General
Industrial Employment' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Service Business Park Employment (EMP- 4) Zone' in Zoning By-
law 2019-051.
Page 5 of 70
Figure 2 - Site Plan
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments'.
General Intent of the Official Plan
The planned function of Neighbourhood Nodes is to serve the day-to-day commercial
needs of surrounding residential areas and are encouraged to be cycling and pedestrian -
friendly whereas Industrial Employment Areas support and maintain economic activity in
the city by providing an adequate supply of land for a range of industrial -related
employment uses and appropriate accessory and ancillary uses.
The intent of the General Industrial Employment land use designation is to provide for a
broad range of industrial uses, some of which by virtue of their operation or site utilization
may need to locate within an industrial area or require appropriate buffering to mitigate
potential impacts on residential areas.
Page 6 of 70
ReI lef fmm Table 5S of 8y-1_aw
2019 051 which permits a. maximum
o
parking Prgrlalon faf 82 spames far the
.proposed dsvelopmerl (mt,lll-nit rate)
whereas 110 par;<ing spaces are
proposae,
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HOMER SON EIMILEVARG
SITE STATISTICS
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2m61y EMP
Total Grass FI—Area, 2019-055 whlch requlres a minimum
C" AApplcalhrF TaG
lhquiln9 meaarlre'r 195Wexterior side yard setback a18.Om n
Lol Arra 97ce.t7'
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Bgldhg 0r<,.;s 1954.1120.1%1
=2 spas-2pmulded proposed.
I arda-aped Area- 1696Am' (16.9%)
Typy •B' reWhid (11333.' GFA)
As -halt! Had Surface Arm 6141,7m'1M.0%)
=6 xyad83. -12p Ided
Parklrg RogalreC-MIN. 56: fAAX. 02
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1 �i135=56 AND 19W24 �2
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-15 �rcvlded ... BE IIR
1MWrg ProNded• 110
0 CO CRIT
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Rarkhy$Wm l,✓InhuT 1menalars-2.cm x i.&n
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REVISE},
SITE PLAN APPLICATION No. SP241067iP>hlBB
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535 MANITC7U DRIVE INC.
City of Kitchener
❑E'e EL[7PffENT SEH'.•'1.=,� GEPAHi fdENf
40 FILE:
535 MANITOU ❑RIVE$P'cvG
CAT=: '11G45—M024
Figure 2 - Site Plan
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments'.
General Intent of the Official Plan
The planned function of Neighbourhood Nodes is to serve the day-to-day commercial
needs of surrounding residential areas and are encouraged to be cycling and pedestrian -
friendly whereas Industrial Employment Areas support and maintain economic activity in
the city by providing an adequate supply of land for a range of industrial -related
employment uses and appropriate accessory and ancillary uses.
The intent of the General Industrial Employment land use designation is to provide for a
broad range of industrial uses, some of which by virtue of their operation or site utilization
may need to locate within an industrial area or require appropriate buffering to mitigate
potential impacts on residential areas.
Page 6 of 70
The development of an industrial plaza that is setback closer to Homer Watson activates
the street thereby helping to be more pedestrian and cycling friendly while at the same
time providing uses that support and enhance economic activity of the area. Staff is
satisfied the intent is being maintained by balancing built form and design objectives of
being located within a Node with providing industrial uses to support economic expansion.
The intent of the City's parking policies is to ensure adequate parking standards and
regulations are in place and enforced and to reduce parking space demand in support of
active transportation and transit and potential redevelopment of surface parking lots
especially in intensification areas. As the proposal provides more parking than the by-law
permits are located outside of an intensification area, there is more than adequate parking
being provided. Staff is satisfied the parking policies are being met.
The variances will maintain the general intent of the Official Plan.
General Intent of the Zoning By-law
The general purpose of this zone is to accommodate industrial uses and limited
complimentary uses that support adjacent employment lands. EMP -4 zoned lands are
located within 450 metres of existing or planned transit corridors. The intent of the exterior
side yard setback in this context is to ensure there is adequate space for landscaping and
provide consistency within a typical suburban industrial context. However, this is a corner
property within a "Node" that is directly across from suburban commercial retail uses.
Overtime it is expected that those commercial properties will be re -developed with
buildings that are setback closer to street edge to frame the corners and activate the
space. Reducing the exterior side yard setback therefore makes sense within this context
while at the same time, still providing adequate exterior yard space for trees and
landscaping.
The general intent of having maximum parking rates is to limit the amount of surface
parking and impervious areas. The maximum parking for a multi -unit building is 82 spaces
and the owner proposes 110. The maximum multi -unit rate for plaza's containing 3 or
more units is 1 parking space/24 m2 of gross floor area. The parking increase is to
accommodate a restaurant and pharmacy - considered heavier parking users — that will be
tenants within the plaza. Individual uses within a plaza such as a restaurant or pharmacy,
for example, require a maximum 1 parking space/5 m2 and 1 parking space/15 m2 of
gross floor area, respectively. As such, it may be prudent to offer more parking than the
maximum rate to avoid potential parking problems that could affect future occupancy.
Is/Are the Effects of the Variance(s) Minor?
An exterior side yard setback reduction and increase in the maximum parking rate for a
multi -unit plaza may be considered minor as they will facilitate the development of an
industrial plaza with a restaurant and potential pharmacy tenant in this location.
Is/Are the Variance(s) Desirable For the Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are desirable as they will facilitate development on lands that have been
sitting vacant for several years.
Page 7 of 70
Environmental Planning Comments:
No concerns
Heritage Planning Comments:
No concerns
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the new buildings are obtained prior to construction. Please contact the Building Division at
building(a)kitchener.ca with any questions.
Engineering Division Comments:
No concerns
Parks/Operations Division Comments:
No concerns with proposed Minor Variances. New/revised easements are required as a
condition of final site plan approval of both SP22/144/M/BB and SP24/067/M/BB to
accommodate Multi Use Trail at proposed access.
Transportation Planning Comments:
Transportation Services have no concerns with this application based on the provided
Parking Justification.
As noted in the Parking Justification, the restaurant maximum by-law parking rate can be
applied when the GFA of a multi -unit building is less than 1,000 sq.m. Therefore,
Transportation Services notes that if the restaurant was located in Building C instead of
Building B, the site would not exceed the maximum by-law parking rate and a variance
would not be required.
Region of Waterloo
No concerns
GRCA
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 — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
Page 8 of 70
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
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
• Official Plan (2014)
• Zoning By-law 2019-051
Page 9 of 70
December 20, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No., D20-201
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY- 519-575-4608
Fax: 519-575-4449
www.reg ionofwaterloo.ca
Subject: Committee of Adjustment Meeting January 21, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1 i
A 2025
- 001
— 535 Manitou Drive — No concerns
2)
A 2025
- 002
— 72 Strange Street — No concerns
3)
A 2025
- 003
— 126 Highland Road West — No concerns
4)
A 2025
- 004
— 240 Chapel Street — 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.
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
Document Number: 4853640
28935
Page 10 of 70
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA(a)Kitchener. ca
Document Number: 4853640
Page 11 of 70
January 3, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — January 21, 2025
Applications for Minor Variance
A 2025-001
535 Manitou Drive
A 2025-002
72 Strange Street
A 2025-003
126 Highland Road West
A 2025-004
240 Chapel Street
Application for Consent
B 2025-001 284 Duke Street East
via email
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 are not subject to Ontario Regulation 41/24 and, therefore, a permission
from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)-grandriver. ca or 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand - A Canadian Heritage River
Page 12 of 70
From: Jenna Auger
To: Committee of Adjustment (SM); Committee of Adjustment (SM)
Cc: Farah Faroaue
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — January 21, 2025 Meeting
Date: Friday, December 27, 2024 9:53:49 AM
Attachments: imaae001.ona
Some people who received this message don't often get email fromjenna.auger@metrolinx.com. Learn why this is
important
Good morning,
Metrolinx is in receipt of the following committee applications for the Committee of Adjustment
meeting scheduled for January 21, 2025.
Upon review, Metrolinx notes that none of these properties are subject to our review zones.
Therefore, Metrolinx expresses no comments or concerns for this agenda.
Best Regards,
Jenna Auger (She/Her)
Third Party Projects Review (TPPR)
Development & Real Estate Management
T: (416)-881-0579
10 Bay Street I Toronto I Ontario I M5J 21\18
METROLINX
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: Thursday, December 19, 2024 11:02 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review—January 21, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
liable, ou clue vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, January 21, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 13 of 70
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Monday, January 6, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchen er.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 14 of 70
Staff Report
r
J R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 21, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: January 8, 2025
REPORT NO.: DSD -2025-020
SUBJECT: Minor Variance Application A2025-002 — 72 Strange Street
RECOMMENDATION:
That Minor Variance Application A2025-002 for 72 Strange Street requesting relief
from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an interior side
yard setback of 0.6 metres instead of the minimum required 1.2 metres, to facilitate
the construction of a two (2) storey addition at the rear of the existing detached
dwelling, in accordance with drawings prepared by Groen Design & Drafting
Services, submitted with Minor Variance Application A2025-002, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to permit the
development of a rear yard addition with a reduced interior side yard setback.
• The key finding of this report is that the requested minor variance meets all four tests
of the Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north-east side of Strange Street and Waverly
Road. It is in the Cherry Hill neighbourhood which is primarily comprised of low-rise
residential uses.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 15 of 70
1%.
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Figure 1: Location Map — 72 Strange Street (Outlined in Red)
The subject property is Identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-
051.
The purpose of the application to review a minor variance application to permit the
development of a rear yard addition with a reduced interior side yard setback.
I
4J
EURNG 2 STOREY
h ❑'N&WNG
J�
!�---------- -----------
-[mer ,nL
Variance for 0.6m interior side yard
2 STOREY
.Ones
EXUNG 1 STOREY
GARAGE
Figure 2: Proposed Addition Site Plan
Page 16 of 70
f;'� FROFFi E LfVATIDN
Figure 3: Front Elevation of Existing Dwelling
F i o. M1Q�EEY:LL.L
yap a - 1
�-S
/iL2RQ6 LLFW _ -
V � r
n
Figure 4: Rear Elevation of Proposed Addition
Page 17 of 70
--------------- ---
-------------�nIrmtittt•�--
---------------_ _e
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--------------------------------------------- —
Figure 5: Left Elevation of Proposed Addition
f�\RIGHT ELEVhTlDN
Figure 6: Right Elevation of Proposed Addition
Planning Staff conducted a site visit on January 3, 2025.
Page 18 of 70
Figure 7: Existing Site Conditions as of January 3, 2025
Page 19 of 70
Figure 8: Access on the East Side of Property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The subject property is designated as `Low Rise Residential' within the City's Official Plan.
This designation emphasises the importance of ensuring compatibility in building form with
regard to the massing, scale, and design, which is essential for facilitating the successful
integration of diverse building types. Furthermore, it emphasizes the relationship between
residential structures and adjacent buildings, streets, and public spaces_ The proposed
use of the property conforms to the designation, and it is the opinion of staff the requested
variance to be able to construct a rear yard addition meets the general intent of the Official
Plan.
Page 20 of 70
General Intent of the Zoning By-law
The general intent of the interior side yard setback requirement is to ensure adequate
spacing between the structures for light, air circulation, maintenance access and privacy.
The proposed setback of 0.6m will still provide sufficient separation between the
properties. The property has sufficient space for maintenance access on the east side
where greater clearance is provided between the dwelling and the property boundary.
Additionally, the absence of windows on the left (west) side of the addition prevents
overlooking and maintains the privacy of the neighbouring properties. Therefore, Staff are
of the opinion that the proposed variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The reduced setback is minor in nature as it does not introduce significant impacts on the
neighbouring property and will not impact the streetscape. The proposal is consistent with
the scale and character of the neighbourhood and does not result in undue shadowing and
privacy concerns. The proposed addition is a natural extension of the existing dwelling and
blends seamlessly with the surrounding landscape. The appearance is compatible from
adjacent viewpoints and is visually consistent with the surroundings.
Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land,
Building and/or Structure?
Planning staff is of the opinion that the variance is desirable for the appropriate
development of the lands as the reduced setback will allow the addition to be constructed
in close alignment with the existing building. This will enhance the functionality and
usability of the primary dwelling by allowing the natural expansion living space, making it
more practical and accessible for daily use. The proposed addition will improve the
functionality of the dwelling on the property as well as maintain compatibility with the
established streetscape and neighbourhood character.
Environmental Planning Comments:
No comments or concerns.
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the addition to the single detached dwelling is obtained prior to construction. Please contact
the Building Division at building(a)kitchener.ca with any questions.
Engineering Division Comments:
No comments or concerns.
Parks/Operations Division Comments:
No comments or concerns
Transportation Planning Comments:
No comments or concerns.
Page 21 of 70
Grand River Conservation Area (GRCA) Comments:
No comments or concerns.
Region of Waterloo Comments:
No 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 — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
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
• Official Plan (2014)
• Zoning By-law 2019-051
Page 22 of 70
December 20, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No., D20-201
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY- 519-575-4608
Fax: 519-575-4449
www.reg ionofwaterloo.ca
Subject: Committee of Adjustment Meeting January 21, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1 i
A 2025
- 001
— 535 Manitou Drive — No concerns
2)
A 2025
- 002
— 72 Strange Street — No concerns
3)
A 2025
- 003
— 126 Highland Road West — No concerns
4)
A 2025
- 004
— 240 Chapel Street — 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.
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
Document Number: 4853640
28935
Page 23 of 70
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA(a)Kitchener. ca
Document Number: 4853640
Page 24 of 70
January 3, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — January 21, 2025
Applications for Minor Variance
A 2025-001
535 Manitou Drive
A 2025-002
72 Strange Street
A 2025-003
126 Highland Road West
A 2025-004
240 Chapel Street
Application for Consent
B 2025-001 284 Duke Street East
via email
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 are not subject to Ontario Regulation 41/24 and, therefore, a permission
from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)-grandriver. ca or 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand - A Canadian Heritage River
Page 25 of 70
From: Jenna Auger
To: Committee of Adjustment (SM); Committee of Adjustment (SM)
Cc: Farah Faroaue
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — January 21, 2025 Meeting
Date: Friday, December 27, 2024 9:53:49 AM
Attachments: imaae001.ona
Some people who received this message don't often get email fromjenna.auger@metrolinx.com. Learn why this is
important
Good morning,
Metrolinx is in receipt of the following committee applications for the Committee of Adjustment
meeting scheduled for January 21, 2025.
Upon review, Metrolinx notes that none of these properties are subject to our review zones.
Therefore, Metrolinx expresses no comments or concerns for this agenda.
Best Regards,
Jenna Auger (She/Her)
Third Party Projects Review (TPPR)
Development & Real Estate Management
T: (416)-881-0579
10 Bay Street I Toronto I Ontario I M5J 21\18
METROLINX
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: Thursday, December 19, 2024 11:02 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review—January 21, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
liable, ou clue vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, January 21, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 26 of 70
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Monday, January 6, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchen er.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 27 of 70
Staff Report
r
J R
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 21, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: January 8, 2025
REPORT NO.: DSD -2025-021
SUBJECT: Minor Variance Application A2025-003 —126 Highland Rd. W.
RECOMMENDATION:
That Minor Variance Application A2025-003 for 126 Highland Road West requesting
permission under Section 45(2)(a)(i) of the Planning Act, to permit the enlargement
or extension of a legal non -conforming use, a Single Detached Dwelling in the
"Mixed Use One Zone (MIX -1)" of Zoning By-law 2019-051, to facilitate the
development of an Additional Dwelling Unit (ADU) (Attached), generally in
accordance with drawings prepared by JR Design and Consultants, dated October
2024, BE APPROVED, subject to the following conditions:
1. That the Owner shall alter the existing driveway to conform with Zoning By-law
2019-051.
2. That the Owner shall complete the work, identified in Condition No. 1 above, by
June 1, 2025. Any request for a time extension must be approved in writing by
the Manager, Development Approvals prior to completion date set out in this
decision. Failure to complete the condition will result in this approval becoming
null and void.
REPORT HIGHLIGHTS:
• The purpose of this report is to review and make recommendations with respect to the
requested application for Permission for 126 Highland Road West.
• The key finding of this report is the application meets the applied tests and is
recommended for approval.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 28 of 70
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Highland Road West, between West
Avenue and Patricia Avenue. A mix of residential and non-residential uses are located
along this stretch of Highland Road West, with predominantly residential and institutional
uses on the south side of the road.
-----------
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as t3a
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145
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i 19, f B4 BD
7� 1 f1r+ 9B 96 8'B 76 7.
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9� 1ir y t7
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14 c,
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_ 97. 9S 89 85, 81 t
. 11, ' l[l 73
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'1• 54
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177 173
iG
-,t
Figure 1 — Location Map
The subject property is identified as `City Node' on Map 2 — Urban Structure and is
designated 'Mixed Use' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Mixed Use One Zone (MIX -1) with Site Specific Provision (62)' in
Zoning By-law 2019-051. The `MIX -1' zone does not permit stand-alone residential uses,
resulting in the existing dwelling on the subject property being a legal non -conforming use
as it was constructed prior to the current zoning coming into effect.
The purpose of the application is to permit the expansion of the legal non -conforming use
to facilitate the creation of an Additional Dwelling Unit (ADU)(Attached) to essentially
create a Duplex use of the existing building. The Planning Act permits the expansion of
legal non -conforming uses, if certain criteria are met, as assessed in this report.
Page 29 of 70
Figure 2 - Photo of the Subject Property (Taken December 27, 2024)
REPORT:
Planning Comments:
Case law sets out the tests to be applied by the Committee of Adjustment in considering
applications under Section 45(2)(a)(i). It should be noted that the test to be applied is not the
four-part test for minor variances under Section 45(1) but rather whether the approval of the
application:
1. Is in the public interest; and
2. Creates unacceptable or adverse impact upon abutting properties.
Is Approval in the Public Interest?
Staff are of the opinion that the approval of this application is in the public interest as it would
permit the use of the existing basement as an ASU (Attached). The proposed use would
provide a form of gentle intensification, supporting the City's Housing Pledge and increasing
the range of housing options as directed in Official Plan policy 4.C.1.24. As residential uses
already exist along Highland Road, there would not be a discernable impact to the
surrounding uses in the area.
Page 30 of 70
Are There Adverse of Unacceptable Impacts?
Staff are of the opinion that permitting the use of the basement as an ADU (Attached) would
not result in any adverse or unacceptable impacts. The current building is not conducive to
mixed uses, and residential uses are permitted in the `MIX -1' zone. As such, no land use
impacts are anticipated. The required parking spaces can be accommodated on the site,
and no new additional floor area is proposed to the existing building. Additionally, the
basement unit is not visible from the public realm; therefore, no adverse or unacceptable
impacts are anticipated.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
No comments.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
No comments.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
Page 31 of 70
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
ATTACHMENTS:
Attachment A — Site Plan
Page 32 of 70
ATTACHMENT A
Page 33 of 70
December 20, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No., D20-201
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY- 519-575-4608
Fax: 519-575-4449
www.reg ionofwaterloo.ca
Subject: Committee of Adjustment Meeting January 21, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1 i
A 2025
- 001
— 535 Manitou Drive — No concerns
2)
A 2025
- 002
— 72 Strange Street — No concerns
3)
A 2025
- 003
— 126 Highland Road West — No concerns
4)
A 2025
- 004
— 240 Chapel Street — 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.
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
Document Number: 4853640
28935
Page 34 of 70
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA(a)Kitchener. ca
Document Number: 4853640
Page 35 of 70
January 3, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — January 21, 2025
Applications for Minor Variance
A 2025-001
535 Manitou Drive
A 2025-002
72 Strange Street
A 2025-003
126 Highland Road West
A 2025-004
240 Chapel Street
Application for Consent
B 2025-001 284 Duke Street East
via email
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 are not subject to Ontario Regulation 41/24 and, therefore, a permission
from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)-grandriver. ca or 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand - A Canadian Heritage River
Page 36 of 70
From: Jenna Auger
To: Committee of Adjustment (SM); Committee of Adjustment (SM)
Cc: Farah Faroaue
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — January 21, 2025 Meeting
Date: Friday, December 27, 2024 9:53:49 AM
Attachments: imaae001.ona
Some people who received this message don't often get email fromjenna.auger@metrolinx.com. Learn why this is
important
Good morning,
Metrolinx is in receipt of the following committee applications for the Committee of Adjustment
meeting scheduled for January 21, 2025.
Upon review, Metrolinx notes that none of these properties are subject to our review zones.
Therefore, Metrolinx expresses no comments or concerns for this agenda.
Best Regards,
Jenna Auger (She/Her)
Third Party Projects Review (TPPR)
Development & Real Estate Management
T: (416)-881-0579
10 Bay Street I Toronto I Ontario I M5J 21\18
METROLINX
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: Thursday, December 19, 2024 11:02 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review—January 21, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
liable, ou clue vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, January 21, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 37 of 70
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Monday, January 6, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchen er.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 38 of 70
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 21, 2025
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 10
DATE OF REPORT: January 10, 2025
REPORT NO.: DSD -2025-026
SUBJECT: Minor Variance Application A2025-004 - 240 Chapel Street
RECOMMENDATION:
That Minor Variance Application A2025-004 for 240 Chapel Street requesting relief
from Section 39.2.1 of Zoning By-law 85-1 to permit an east side yard setback of 0.4
metres instead of 1.2 metres, generally in accordance with drawings prepared by
QBS Architects, dated December 16, 2024, BE APPROVED subject to the following
condition:
That the property owner shall modify the existing driveway such that it does
not exceed a maximum width of 8.0 metres, is a minimum 0.46 metres from the
eastern side lot line and is clearly distinguishable from all other ground cover
or surfacing including landscaping and walkways, in accordance with the
regulations of Zoning By-law 85-1, by May 31, 2025. Any request for a time
extension must be approved in writing by the Manager of Development
Approvals prior to completion date set out in this decision. Failure to complete
this condition will result in this approval becoming null and void.
AND
That Minor Variance Application A2025-004 for 240 Chapel Street requesting relief
from Section 5.22.f) of Zoning By-law 85-1 to permit an unobstructed walkway with a
minimum width of 0.92 metres instead of 1.1 metres, generally in accordance with
drawings prepared by QBS Architects, dated December 16, 2024, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the minor variance application to allow for a
reduced minimum side yard setback and minimum width for an unobstructed walkway
to facilitate the conversion of a basement into an Additional Dwelling Unit (Attached).
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 39 of 70
• The key finding of this report is that the minor variance for a reduced minimum side
yard setback satisfies the four tests in the Planning Act, but the minor variance for a
reduced minimum width for an unobstructed walkway fails to satisfy one of the four
tests.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Chapel Street between Dumfries
Avenue and East Avenue and south of Frederick Mall. The property currently contains a
Single Detached Dwelling with one Additional Dwelling Unit (Attached) and one Additional
Dwelling Unit (Detached).
LJ
Figure 1: Location Map — 240 Chapel Street (Outlined in Red)
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Conservation A' on Map 20 — Central Frederick Neighbourhood Plan
for Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1. The property
also falls within Appendix H — Residential Intensification in Established Neighborhoods
Study (RIENS) Area in Zoning By-law 85-1
Page 40 of 70
The purpose of this minor variance application is to recognize the existing minimum side
yard setback to facilitate the conversion of an existing basement into an Additional
Dwelling Unit (Attached) and to legalize an undersized unobstructed walkway required for
an existing Additional Dwelling Unit (Detached) and for the proposed Additional Dwelling
Unit (Attached).
A previously minor variance application, A2022-074, was approved on July 19, 2022,
which permitted a reduced minimum side yard setback of 0.4 metres instead of 1.2 metres
to facilitate the construction of the Additional Dwelling Unit (Detached) in the rear yard.
This previous minor variance was limited to the proposed development at the time of the
application which means the owner must receive approval again for the reduced minimum
side yard setback before adding another Additional Dwelling Unit (Attached).
During a site visit for this minor variance application, staff discovered a chimney and utility
meter on the left side of the main house which projected 0.18 metres into the 1.1 metre
wide unobstructed walkway required for the existing Additional Dwelling Unit (Detached)
and proposed basement Additional Dwelling Unit (Attached). As such, the property is not
currently zoning compliant. These partial walkway obstructions were not identified on the
previous minor variance application, site plan application, or building permit. This zoning
deficiency was not identified until this point as final inspections for building permits do not
involve exterior landscaping. The applicant was informed of this zoning deficiency and
promptly amended the current minor variance application to address the issue. It was also
identified that part of the poured concrete for the existing unobstructed walkway
encroached approximately 0.06 metres into the abutting property. This encroachment is
not included in this minor variance application and instead is a civil issue between property
owners.
If the minor variance is not approved for the walkway, then modifications will be necessary
to the chimney and utility meter, or obtaining an easement for the walkway, in order to
meet the minimum 1.1 metres.
During the site visit, staff also noticed that the existing driveway exceeded the maximum
permitted width and encroached into the required side yard setback. The applicant was
made aware if this issue and has agreed to convert part of the driveway of both sides to a
walkway to comply with zoning regulations. A condition of approval has been requested to
ensure the necessary driveway modifications are implemented.
Page 41 of 70
Figure 2: Site Plan
Figure 3: 2022 Site Plan and Walkway for Additional Dwelling Unit (Detached)
Page 42 of 70
Figure 4: 240 Chapel Street (Edge of Driveway on Both SIdes Proposed as Walkway)
�1f F/7_
7 7
Figure 5: Walkway Leading to Existing and Proposed Additional Dwelling Unit
Page 43 of 70
., , "�-r �
—A
mop,
0
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Conservation A' on Map 20 — Central
Frederick Neighbourhood Plan for Land Use in the Official Plan. The intent of this
designation is to preserve the scale, use, and intensity of existing development in portions
of the community where the vast majority of land use is single detached dwellings. The
proposed conversion of the basement into another Additional Dwelling Unit (Attached)
does not require exterior alterations except for a new door in the rear yard. As such, staff
are satisfied that the proposed variance for a reduced side yard setback to facilitate the
construction of the new Additional Dwelling Unit (Attached) maintains the general intent of
the Official Plan.
A 1.1 metre wide unobstructed walkway was originally required for the existing Additional
Dwelling Unit (Detached) and is now required for the proposed new basement Additional
Dwelling Unit (Attached). Official Plan policy 4.C.1.24 lists criteria that will be considered
as the basis for permitting an Additional Dwelling Unit (Detached) and clearly includes the
requirement that site layout considers pedestrian and vehicular access. Suitable vehicle
access has been achieved through the proposed driveway while suitable pedestrian
access has been achieved through the existing walkway. The walkway is slightly narrower
than the zoning requirement at one point directly beside the chimney and utility meter, but
the rest of the walkway is sufficient in width and this pinch point should not negatively
impact daily pedestrian access. As such, staff are satisfied that the variance for a reduced
unobstructed walkway width maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the minimum side yard setback is to ensure sufficient space for
drainage and pedestrian access along the side of the house and to help ensure a
consistent streetscape. To this regard, the reduced side yard setback is an existing
situation which has not appeared to negatively impacted drainage or pedestrian access.
This existing situation has also been part of the streetscape character for several decades.
A such, staff are satisfied that the variance for reduced minimum side yard setback
maintains the general intent of the Zoning By-law.
The general intent of the 1.1 metre wide unobstructed walkway comes from the
Emergency Services Policy which requires a suitable emergency access route from a
street to the principal entrance of an Additional Dwelling Unit (Attached) where the door
does not face a street and all Additional Dwelling Units (Detached). The Emergency
Services Policy originally requires a 1.2 metre wide walkway, but through further
discussions with Emergency Services, it was decided to slightly lower the minimum width
to 1.1 metres in the Zoning By-law to make it easier to add Additional Dwelling Units to
properties with existing dwellings without compromising staff's ability to respond to an
emergency. However, Emergency Services made it abundantly clear that they generally
Page 45 of 70
do not support further deviations from the Emergency Services Policy to allow walkways
below 1.1 metres in width as this can create problems responding to emergencies. For this
particular case on 240 Chapel Street, Emergency Services has concerns with the pinch
point directly beside the chimney and utility meter since it may be difficult to maneuver a
stretcher, fire fighting equipment, or other emergency services around the chimney and
utility meter without crossing onto the neighbouring property, which could be blocked by a
fence or structure should the neighbour ever decided to construct something on this part of
their property. Given these concerns with emergency access, staff are not satisfied that
the variance for reduced walkway width maintains the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed variance for a reduced minimum side yard setback is required for an
existing Single Detached Dwelling to facilitate the conversion of a basement into another
Additional Dwelling Unit (Attached). Staff are satisfied that the proposed variance is minor
in nature given that this is an existing situation and the increase in residential units should
not negatively impact the subject property, abutting property, or neighbourhood.
The proposed reduction in walkway width is also considered minor in nature given the
proposed width does not significantly deviate from the Zoning By-law and the reduced
width is only required for one pinch point directly beside the chimney and utility meter.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variance for reduced minimum side yard setback and minimum width for an
obstructed walkway are considered desirable for the appropriate development of the land.
The variances are required for existing and proposed Additional Dwelling Units which are
encouraged for this area of the City. The variances also do not negatively impact the use
of the land, abutting properties, or neighbourhood.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the additional dwelling units is obtained prior to construction. Please contact the
Building Division at building(akitchener.ca with any questions.
Engineering Division Comments:
No concerns.
The side yard currently accommodates overland stormwater flows from the rear yard. A
sidewalk is required to the rear yard in accordance with the Zoning By-law. The final
grading of this property shall not adversely affect the drainage of adjacent properties or the
overall grading control plan. The Owner is responsible to address storm water drainage at
the Building Permit stage.
Page 46 of 70
Parks/Operations Division Comments:
There is an existing City -owned street tree within the boulevard and this tree should be
protected in place to City standards throughout all construction. Tree protection fencing
should be provided on all four sides of the tree as shown in green - please see fencing
requirements at
https://www.kitchener.ca/en/resourcesGeneral/Documents/INS OPS Treemanagementpo
licv.pdf
Transportation Planning Comments:
Transportation Services have no concerns with this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
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
• Official Plan (2014)
• Zoning By-law 85-1
• City of Kitchener Emergency Service Policy
Page 47 of 70
December 20, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No., D20-201
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY- 519-575-4608
Fax: 519-575-4449
www.reg ionofwaterloo.ca
Subject: Committee of Adjustment Meeting January 21, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1 i
A 2025
- 001
— 535 Manitou Drive — No concerns
2)
A 2025
- 002
— 72 Strange Street — No concerns
3)
A 2025
- 003
— 126 Highland Road West — No concerns
4)
A 2025
- 004
— 240 Chapel Street — 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.
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
Document Number: 4853640
28935
Page 48 of 70
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA(a)Kitchener. ca
Document Number: 4853640
Page 49 of 70
January 3, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — January 21, 2025
Applications for Minor Variance
A 2025-001
535 Manitou Drive
A 2025-002
72 Strange Street
A 2025-003
126 Highland Road West
A 2025-004
240 Chapel Street
Application for Consent
B 2025-001 284 Duke Street East
via email
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 are not subject to Ontario Regulation 41/24 and, therefore, a permission
from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)-grandriver. ca or 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand - A Canadian Heritage River
Page 50 of 70
From: Jenna Auger
To: Committee of Adjustment (SM); Committee of Adjustment (SM)
Cc: Farah Faroaue
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — January 21, 2025 Meeting
Date: Friday, December 27, 2024 9:53:49 AM
Attachments: imaae001.ona
Some people who received this message don't often get email fromjenna.auger@metrolinx.com. Learn why this is
important
Good morning,
Metrolinx is in receipt of the following committee applications for the Committee of Adjustment
meeting scheduled for January 21, 2025.
Upon review, Metrolinx notes that none of these properties are subject to our review zones.
Therefore, Metrolinx expresses no comments or concerns for this agenda.
Best Regards,
Jenna Auger (She/Her)
Third Party Projects Review (TPPR)
Development & Real Estate Management
T: (416)-881-0579
10 Bay Street I Toronto I Ontario I M5J 21\18
METROLINX
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: Thursday, December 19, 2024 11:02 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review—January 21, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
liable, ou clue vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, January 21, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 51 of 70
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Monday, January 6, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchen er.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 52 of 70
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 21, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 8, 2025
REPORT NO.: DSD -2025-019
SUBJECT: Consent Application B2025-001 — 284 Duke Street East
RECOMMENDATION:
That Consent Application B2025-001 requesting consent to sever a parcel of land
having a lot width of 12.7 metres, a lot depth of 12.1 metres and a lot area of 155.2
square metres to convey as a lot addition to 44 Betzner Avenue North, BE
APPROVED subject to the following conditions:
That the Owner's solicitor shall provide draft transfer documents and associated
fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division.
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
4. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 53 of 70
Severance Deed and prior to any new applicable mortgages, and to provide a
copy of the registered Application Consolidation Parcels to the City Solicitor
within a reasonable time following registration.
Alternatively, if in the opinion of the City Solicitor, an Application Consolidation
Parcels cannot be registered on title, the Owner shall take such alternative
measures and provide such alternative documents to ensure that the severed
parcel and receiving parcel are not separately encumbered, conveyed, or
otherwise transferred from one another and shall remain in common ownership,
at the discretion of and to the satisfaction of the City Solicitor.
6. That the Owner obtains a Demolition Permit, for the existing metal -clad garage
proposed to be demolished, to the satisfaction of the Chief Building Official, and
removes the existing metal -clad garage prior to deed endorsement.
7. That the Owner submit the consent review fee of $350 to the Regional Municipality
of Waterloo.
REPORT HIGHLIGHTS:
• The purpose of this report is to review and make recommendations with respect to the
consent application for 284 Duke Street East and 44 Betzner Avenue North.
• Staff recommend that the application be approved.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Duke Street East, a short distance
from the intersection of Duke Street East and Betzner Avenue North. 44 Betzner Avenue
North is located on the west side of Betzner Avenue, a shorty distance north of the
intersection with Duke Street East. The two properties share a property line (the rear yard
of the Betzner Avenue North and side yard of the Duke Street East property).
The surrounding area is generally low-rise residential, with mixed non-residential uses
along the nearby King Street East and Charles Street East corridors and westerly towards
Downtown Kitchener.
Page 54 of 70
48 a. 1 'S
46 72
260 = 64
v.47
A.
43
X
4 45
44
53
1q
292
q.
'7
Figure 1 - The subject properties (284 Duke Street East in red, 44 Betzner Avenue
North in green) and surrounding property boundaries.
Figure 2 - Photo of 284 Duke Street East
Page 55 of 70
The properties are identified as `Protected Major Transit Station Area' on Map 2 — Urban
Structure and designated `Strategic Growth Area A' on Map 3 — Land Use in the City's
2014 Official Plan.
Both properties are zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1. Both
properties are also zoned `SGA -1' in Zoning By-law 2019-051 (Amending By-law 2014-065
currently under appeal and not in effect).
The purpose of the application is to sever the rear portion of 284 Duke Street East and
add this area to the rear of 44 Betzner Avenue North. The severed area is roughly 155
square metres in area. The lands to be severed currently contains a metal -clad garage,
which is proposed to be removed. Both 284 Duke Street East and 44 Betzner Avenue
North contain a single detached dwelling, both of which will remain.
(,:)p'45' 12.c?y.; N56'00'45`W J z4.pl. Ci
PAY
I
AAetaFClad Garage
it. be -—d) Mun- No- $9
ED— m
C y Zoning= R-5 I ," w
r C7
i I ' Area: 301.1 m2 r �W
'i
9.7€
Lands to be Severed _
,area. 155.2 M2021
x (to be added to 44 Betzner Streets
N56'02'15"W 12.727 �;IN56'Q2'15 W 24.867
a I
Zoning; R-5 " W
3— l n YiL. Z
x a
Lands to be � I � I N
—� Retained z -1 W
- — — Arm: 304.9 rnJ J W
�0 �
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3.76
Two -Storey
v Brick Dwelling ¢
—cv %lun. No. 284 CV
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`4
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2
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N55'46'35'W 12.394
i
DUKE STREET EAST
Figure 5 - Sketch of the proposed consent
Page 57 of 70
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)
Staff are satisfied that the proposed severance applications are consistent with the
Provincial Planning Statement in general and as it relates to housing policies in Chapter 2
regarding intensification and facilitating housing options. While no development is
proposed through this application, the new parcel arrangement does not preclude infill
development from occurring in the future, should Additional Dwelling Unit(s) wish the be
pursued. Thus, Section 2.2 1 (b) of the PPS 2024, which states that Planning authorities
shall provide for an appropriate range and mix of housing options and densities to meet
projected needs of current and future residents of the regional market area by permitting
and facilitating all housing options required to meet the social, health, economic and well-
being requirements of current and future residents, can remain achievable.
Regional Official Plan (ROP):
ROP Urban Area policies state that the focus of the Region's future growth shall be within
the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up
Area' in the ROP. While no development is proposed through this application, the new
parcel arrangement does not preclude the implementation of ROP policies. Further
implementing the PPS 2024, 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. The
neighbourhood provides for the physical and community infrastructure required for
residential development, including transportation networks, municipal water and
wastewater systems, and a broad range of social and public health services, conforming
with Policy 2.D.1 of the ROP. Staff are satisfied that the proposed severance applications
adhere to these policies and conforms to the ROP.
City's Official Plan (2014)
The subject properties are identified as `Protected Major Transit Station Area' on Map 2 —
Urban Structure and is designated `Strategic Growth Area A' on Map 3 — Land Use in the
City's Official Plan.
Section 3.C.2.17 of the Official Plan Protected Major Transit Station Areas
3.C.2.17. The planned function of Protected Major Transit Station Areas, in order to
support transit and rapid transit, is to:
a) provide a focus for accommodating growth through development to
support existing and planned transit and rapid transit service levels;
b) provide connectivity of various modes of transportation to the transit
system;
Page 58 of 70
c) achieve a mix of residential, office (including major office), institutional
(including major institutional) and commercial development (including retail
commercial centres), wherever appropriate; and,
d) have streetscapes and a built form that is pedestrian -friendly and transit -
oriented."
The preamble of Section 15 pertaining to Strategic Growth Area A provides the following:
"The Strategic Growth Area A land use designation is generally intended to accommodate
intensification within existing predominantly low-rise residential neighbourhoods, lands
further away from Rapid Transit station stops, and/or lands where existing lots are
generally too small to support high rise buildings. It is anticipated that the majority of
development and/or redevelopment will occur through infill including missing middle
housing and compatible non-residential uses."
The proposed consent application continues the exiting function of the subject properties
and does not preclude future infill opportunities.
Section 15.D.2.55 of the Official Plan provides additional direction for Strategic Growth
Area A lands:
15.D.2.55. The Strategic Growth Area A land use designation will accommodate a
range of low and medium density residential housing types including those
permitted in the Low Rise Residential and Medium Rise Residential land use
designation."
The proposed consent application continues the existing low rise residential use of the
properties, conforming to the intended function of Strategic Growth Area A lands.
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:
"17.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
Page 59 of 70
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
properties."
The proposed consent application conforms to Official Plan policies, and in particular, policy
17.E.20.5.B. The existing lot lines are anomalous to the surrounding area. The rear yard of
284 Duke Street East extends unusually far, creating a shorter than typical property at 44
Betzner Avenue North. Through the proposed consent application, the lot lines will be aligned
with the surrounding neighbourhood, demonstrating better conformity to Official Plan policy
17.E.20.5.B than the existing condition.
Zoning By-law 85-1
The subject properties are zoned as `R-5' in Zoning By-law 85-1. The following zone
provisions will be impacted by the proposed consent application: Lot Area, Rear Yard, and
Lot Coverage. The following table outlines the R-5 requirement for each of these
provisions, as well as the conformity of each property as proposed.
Zone
Provision
Requirement
284 Duke Street East
44 Betzner Avenue North
Provided
Conformity
Provided
Conformity
Minimum Lot
Area
235 m2
304.9 m2
Y
456.3 m2
Y
Minimum Rear
Yard
7.5 m
8 m
Y
19.9 m
Y
Maximum Lot
Coverage
45%
< 45%
Y
< 45%
Y
Both lots, as proposed, will conform to the requirements of the `R-5' zone of Zoning By-law
85-1.
Zoning By-law 2019-051
The subject properties are zoned as `SGA -1' in Zoning By-law 2019-051, introduced as
part of the Growing Together East initiative. Growing Together is currently under appeal,
and as such the `SGA -1' is yet to be in force and effect. Although not in effect, applications
are tested against the new zoning for consistency. The three relevant zone provisions
listed above remain the same in the `SGA -1' zone, with Maximum Lot Coverage being
increased to 55%. As such, the proposal conforms to the requirements of the `SGA -1'
zone of Zoning By-law 2019-051.
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.
Page 60 of 70
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
No comments.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
No comments.
Region of Waterloo Comments:
Any submission requirements may be subject to peer review, at the owner/
Owner/Developer'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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
Page 61 of 70
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 85-1 and 2019-051 (As amended by By-law 2024-065)
ATTACHMENTS:
Attachment A — Consent Sketch
Page 62 of 70
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Page 63 of 70
N*
Region of Waterloo
VIA EMAIL
Connie Owen
Administrative Clerk,
City of Kitchener
200 King Street West
Legislative Services
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENTAND
LEGISLATIVE SERVICES
150 Frederick Street, 8t" floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/25 KIT
January 6, 2025
Re: Comments on Consent Applications: B2025-001
Committee of Adjustment Hearing January 21, 2025
City of Kitchener
Please accept the following comments for the above -noted Consent applications to be
considered at the upcoming Committee of Adjustment Hearing.
Page 64 of 70
File: B2025-001
Address: 284 Duke St E
Description: PLAN 129 LOT 6
Owner: Tim Bolton & Kathleen MacGregor
Agent: Scott Bolton
The owner/applicant proposes consent to add part of lands from 284 Duke St E to 44
Betzner Ave N; being proposed severed lands 55.2sgm area (no frontage); retained
lands 304.9sgm with approx. 13m frontage; and benefitting lands 302.1 sqm area with
12.18m frontage. Redevelopment is not proposed; existing garage is proposed to be
demolished.
In the Regional Official Plan, the subject lands are within the Urban Boundary,
designated Built-up Area, and within a Major Transit Station Area (MTSA) — Kitchener
Market Station (Map 1, Map 2, Fig 6d). In the City's Official Plan, the lands are
designated Strategic Growth Area A (Map 3) and Protected MTSA (Map 4). In the City's
Zoning By-law, the lands are zoned R-5 (ZBL 85.1/2019-051) and proposed SGA -1
(Growing Together).
Regional Fees
Regional staff have not received the fee for consent review of $350 per application. The
payment of fee will be required as a condition of consent approval.
Regional Staff has no objection to this application subject to the following
condition(s):
That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
Page 65 of 70
General Comments
Any submission requirements may be subject to peer review, at the owner/
Owner/Developer'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
Page 66 of 70
January 3, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — January 21, 2025
Applications for Minor Variance
A 2025-001
535 Manitou Drive
A 2025-002
72 Strange Street
A 2025-003
126 Highland Road West
A 2025-004
240 Chapel Street
Application for Consent
B 2025-001 284 Duke Street East
via email
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 are not subject to Ontario Regulation 41/24 and, therefore, a permission
from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)-grandriver. ca or 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand - A Canadian Heritage River
Page 67 of 70
From: Jenna Auger
To: Committee of Adjustment (SM); Committee of Adjustment (SM)
Cc: Farah Faroaue
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — January 21, 2025 Meeting
Date: Friday, December 27, 2024 9:53:49 AM
Attachments: imaae001.ona
Some people who received this message don't often get email fromjenna.auger@metrolinx.com. Learn why this is
important
Good morning,
Metrolinx is in receipt of the following committee applications for the Committee of Adjustment
meeting scheduled for January 21, 2025.
Upon review, Metrolinx notes that none of these properties are subject to our review zones.
Therefore, Metrolinx expresses no comments or concerns for this agenda.
Best Regards,
Jenna Auger (She/Her)
Third Party Projects Review (TPPR)
Development & Real Estate Management
T: (416)-881-0579
10 Bay Street I Toronto I Ontario I M5J 21\18
METROLINX
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: Thursday, December 19, 2024 11:02 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review—January 21, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
liable, ou clue vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, January 21, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 68 of 70
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Monday, January 6, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchen er.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 69 of 70
From:
To:
Subject:
Date:
Hello,
AMIN Pranav
Committee of Adiustment (SM)
Kitchener - 284 Duke Street East - B 2025-001
Thursday, January 2, 2025 9:40:52 AM
We are in receipt of your Application for Consent, B 2025-001 dated 2024-12-19. We have reviewed the documents
concerning the noted Plan 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' the Owner/Applicant should consult their local area
Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision
group at subdivision@Hydroone.com or 1-866-272-3330.
To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com)
Please select "Search" and locate the address in question by entering the address or by zooming in and out of the map
? a
MENU HELP SEARCH
hyd tune
Customers Affected: 0 >5000 0 501-5000 0 51-500 0 21-50 V e=20 0 Multiple JDCrew — Service Area
0° Montreal
V. Ottaw •' ® o
Hun�svilit
417
40Q 17 � o
5
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0°r lig Kawarfha
aoa � Lakes 1, ,s
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0 Kin
13ellville
V 4 ® 9 s 6 115
rlflCao dWaf Watertown
' 40 ' 4
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a,a
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Kitcheir ° ° Arlo
a o Mississauga
Q , Hamilton
Q o Rochester
Mau data 12819 Google 50 km J Terms of Use
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications(aPHydroOne.com to be connected to your Local Operations Centre
If you have any questions please feel free to contact myself.
Thank you,
Dennis De Rango
Specialized Services Team Lead,
Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango(?rHydroOne.com
Burlir
Page 70 of 70