HomeMy WebLinkAboutCA Agenda - 2025-02-18
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Ella Francis, Student Planner, 519-783-8602
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: February 5, 2025
REPORT NO.: DSD-2025-060
SUBJECT: Minor Variance Application A2025-005 42 Hillcrest Lane
RECOMMENDATION:
That Minor Variance Application A2025-005 for 42 Hillcrest Lane requesting relief
from Section 5.4, Table 5-2 of Zoning By-law 2019-051, to permit a driveway to be
located 0.6 metres from a side lot line instead of the minimum required 1.2 metres,
to facilitate a driveway widening to improve functionality of the driveway, BE
APPROVED, subject to the following condition:
1. That the Owner provide payment to the Grand River Conservation Authority
(GRCA) in the amount of $300 for their Review fee of the Minor Variance
Application.
REPORT HIGHLIGHTS:
The purpose of this report is to review the minor variance application to permit a
driveway to be located 0.6 metres from a side lot line instead of the minimum required
1.2 metres to facilitate a driveway widening to improve functionality of the driveway
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located on the east side of Hillcrest Lane, near the intersection of
Hillcrest Lane and Woolwich Street, in the Bridgeport West neighbourhood.
Figure 1 Location of subject property (outlined in RED)
Community Areas Urban Structure and is
Low Rise Residential
Low Rise Residential Two Zone (RES-2-law 2019-
051.
The purpose of the application is to widen the existing driveway to be setback 0.6 metres
from the side lot line instead of the required 1.2 metres. The existing driveway has a gravel
section on the southmost side (see Figure 2). This variance would allow the gravel section
to be paved to improve the functionality of the driveway (see Figure 3).
Figure 2 Site Plan showing existing driveway with gravel section.
Figure 3 Site Plan showing proposed widened driveway.
Planning staff conducted a site visit on January 31, 2025.
Figure 4 View of 42 Hillcrest Lane from the street.
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
intent of this designation is to encourage a range of different housing to achieve a low rise
built form in the neighbourhood.
Specifically, Section 13.C.8.4 of the Official Plan states:
f) to result in aesthetically acceptable parking areas which blend into the general
Planning staff are of the opinion that the proposed widened driveway would blend into the
streetscape and surrounding environment. The appearance of the driveway would not be
significantly changed by paving the gravel section. Therefore, the requested variance
meets the general intent of the Official Plan.
General Intent of the Zoning By-law
Section 5.4, Table 5-2 of Zoning By-law 2019-051 states that a driveway shall be no closer
to the side lot line than the required side yard setback. This ensures that vehicles and their
access do not encroach upon adjacent properties. Staff note that the gravel section of the
existing driveway does not encroach onto the neighbouring property, and paving this
section of the driveway will not present any encroachment issues.
Section 5.4, Table 5-2 further states that the maximum width of a driveway with an
attached private garage is the width of the garage or 50% of the lot width. As well, Section
5.4 f) states that no driveway shall exceed 8 metres in width. The proposed widened
driveway would be in line with these requirements of the Zoning By-Law.
Therefore, the proposed variance maintains the general intent of the Zoning By-Law.
Is/Are the Effects of the Variance(s) Minor?
The proposed variance will allow an existing gravel section of the driveway to be paved.
As a result of this, staff anticipate only minor changes to the appearance and function of
the driveway. Staff do not anticipate any significant or adverse impacts as a result of the
driveway widening. Therefore, the effects of the proposed variance are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variance is desirable and appropriate for the use of the land because it will
improve the functioning of the driveway. The proposed variance will bring the lower portion
of the driveway in alignment with the upper paved portion. Therefore, the proposed
variance is desirable and appropriate for the use of the land.
Environmental Planning Comments:
No environmental comments or concerns. I can advise that a portion of the property is
regulated by the Grand River Conservation Authority (Reg 41/24) and a permit may be
required to widen the driveway.
Heritage Planning Comments:
No concerns. However, the applicant is advised that the subject property is located
adjacent to the Walter Bean Trail Cultural Heritage Landscape.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
No requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
GRCA Comments:
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement
(PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the subject property contains an
erosion hazard associated with the Grand River. The property also contains the regulated
attached.
Due to the presence of the above-noted features, most of the subject property is regulated
by the GRCA under Ontario Regulation 41/24 Prohibited Activities, Exemptions and
Permits Regulation. Any future development or other alteration within the regulated area
will require prior written approval from GRCA in the form of a permit pursuant to Ontario
Regulation 41/24.
It is understood that the proposed minor variance application requests a reduced driveway
setback from the southerly side lot line to permit a wider driveway. The driveway
expansion is minor and we do not anticipate impacts to the erosion hazard as a result of
the proposed development. As such, the GRCA has no objection to the approval of this
minor variance 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
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 part
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
January 27, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 005 – 42 Hillcrest Lane - No Concerns
2) A 2025 – 006 – 19 Carlin Avenue - No Concerns
3) A 2025 – 007 – 864 King Street West - No Concerns
4) A 2025 – 008 – 1035 Ottawa Street North - No Concerns
5) A 2025 – 009 – 775 Queen Street South - No Concerns
6) A 2025 – 010 – 180 Ahrens Street West - No Concerns
7) A 2025 – 011 – 86 Florence Avenue (retained) - No Concerns
8) A 2025 – 012 – 86 Florence Avenue (severed) - 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.
Document Number: 4880325
28935
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4880325
January 31, 2025 via email
GRCA File: A2025-005 42 Hillcrest Lane
Marilyn Mills
City of Kitchener
200 King Street West
Kitchener, ON N2G 4O7
Dear Marilyn Mills,
Re: Application for Minor Variance A 2025-005
42 Hillcrest Lane, City of Kitchener
Robert Saunders
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor
variance application.
Recommendation
The GRCA has no objection to the proposed minor variance application.
GRCA Comments
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement
(PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the subject property contains
an erosion hazard associated with the Grand River. The property also contains the
regulated allowance adjacent to the erosion hazard.
mapping is attached.
Due to the presence of the above-noted features, most of the subject property is
regulated by the GRCA under Ontario Regulation 41/24 Prohibited Activities,
Exemptions and Permits Regulation. Any future development or other alteration within
the regulated area will require prior written approval from GRCA in the form of a permit
pursuant to Ontario Regulation 41/24.
It is understood that the proposed minor variance application requests a reduced
driveway setback from the southerly side lot line to permit a wider driveway. The
driveway expansion is minor and we do not anticipate impacts to the erosion hazard as
a result of the proposed development. As such, the GRCA has no objection to the
approval of this minor variance application.
review of this application.
Should you have any questions, please contact me at 519-621-2763 ext. 2228 or
aherreman@grandriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Copy:Robert Saunders(via email)
Author: ah
Date: Jan 24, 2025
Legend
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 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: February 7, 2025
REPORT NO.: DSD-2025-059
SUBJECT: Minor Variance Application A2025-006 19 Carlin Avenue
RECOMMENDATION:
That Minor Variance Application A2025-006 for 19 Carlin Avenue requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 4.14.4 to permit a deck to be located 2.3 metres from the rear lot
instead of the minimum required 4 metres; and
ii) Section 7.3, Table 7-2, to permit a rear yard setback of 4.4 metres instead of the
minimum required 7.5 metres;
to facilitate the development of 2 Additional Dwelling Units (ADU) (Attached) in the
existing Single Detached Dwelling generally in accordance with drawings prepared
by Vesselin Vassilev, dated January 6, 2025, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit the
development of 2 attached additional dwelling units with a reduced rear 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
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.
BACKGROUND:
The subject property is located on the north-eastside of Carlin Avenueand DixonStreet. It
is in the Rockwayneighbourhood which is primarily comprised of low-rise residential uses.
Figure 1: Location Map 19 Carlin Avenue(Outlined in Red)
Community AreasUrban Structure and is
Low Rise Residential
Low Rise Residential TwoZone (RES-2-law2019-
051.
The purpose of the application is to review minor variances to recognize the location of the
existing building and deckto permit the development of 2 attached Additional Dwelling
Units (ADU) (Attached) within the existing Single Detached Dwelling.
Under the previous Zoning By-law 85-1the front lot line for a corner lot could be either lot
line abutting a street. The single detached dwelling was constructed on the lot using Carlin
Avenue as the front lot line.
"Front Lot Line" means the lot line abutting a street with the following exceptions:
b)in the case of a corner lot containing or proposed to contain a single detached,
semi-detached or duplex dwelling, any lot line abutting a street except a lot line
forming part of a corner visibility triangle, may be deemed to be the front lot line,
only for the purpose of determining front, sideand rear yard requirements.
The area now considered the rear yard was classified as an interior side yard because the
front lot line was abutting the street Carlin Avenue.
However, under the current Zoning By-law 2019-051, the front lot line on a corner lot
cannot be either lot line and is instead defined as the shorter lot line abutting a street,
which is Dixon Street.
Lot Line, Front means the lot line abutting a street with the following exceptions:
a) in the case of a corner lot, the shorter lot line abutting a street, not including the lot
line forming part of a corner visibility triangle, shall be the front lot line. Where such
lot lines are of equal length, the City may deem any of the lot lines abutting a street
as the front lot line.
As a result, the lot line farthest and opposite to the front lot line is now considered the rear
lot line; therefore, the rear yard. This change has resulted in non-compliance with the rear
yard setback. Therefore, minor variances are being requested to address the revised
setback requirement to facilitate the conversion of the Single Detached Dwelling to a
Triplex use.
Variance for 2.3m deck
Variance for 4.4 m rear yard setback
Figure 2: Requested Variances Site Plan
st
Figure 3: Existing 1 Floor Plan
st
Figure 4: Proposed 1 Floor Plan
Figure 5: Existing Basement Floor Plan
Figure 6: Proposed Basement Floor Plan
Planning Staff conducted a site visit on January 30, 2025
Figure 7: Existing Site Conditions as of January 30, 2025
Figure 8: Rear Yard of the Property Under By-Law 2019-051
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
This designation emphasizes the importance of ensuring compatibility in building form with
regard to massing, scale, and design, to facilitate the successful integration of diverse
housing types while maintaining the low-density character of the neighbourhood. Policy
4.C.1.23 permit up to 3 additional dwelling units subject to meeting any other applicable
policies in the Plan and zoning regulations.
4.C.1.23. The City may permit up to three additional dwelling units, attached
and/or detached, on a lot which contains a single detached dwelling, a
semi-detached dwelling or a street-townhouse dwelling as the
principal use, unless otherwise limited by the policies of this Plan, and
in accordance with the City's Zoning By-law, in order to provide
additional housing options to Kitchener homeowners and residents.
The proposed use of the property will conform to the Official Plan. Staff is in opinion that
requested variances to be able to develop 2 Additional Dwelling Units (ADU)(Attached)
within the existing Single Detached Dwelling meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the rear yard setback requirement is to ensure adequate spacing on
the property for open space and amenity area for the residents. The existing dwelling was
developed in accordance with Zoning By-law 85-1 and met all the required setbacks. The
existing rear yard setback of 4.4 metres will continue to function as an interior side yard
and provide sufficient separation between the properties for access and air circulation.
Additionally, the absence of windows on the left (north) side of the property prevents
overlook and maintains the privacy of the neighbouring properties. The property maintains
sufficient usable backyard space that was created under Zoning By-law 85-1. Therefore,
Staff are of the opinion that the proposed variances 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 the proposed additional dwelling units will be
located within the existing structure with no exterior modifications which ensures any
changes remain invisible from the streetscape. The appearance will remain
compatible with adjacent viewpoints and visually consistent with its surroundings. Given
that the existing built form remains unchanged, the existing setbacks will not negatively
impact the neighbouring properties or the streetscape.
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 variances are desirable for the appropriate
development of the lands. Recognizing the location of the existing building and deck will
allow for the construction of two additional dwelling units within the existing building and
Pledge.
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 two attached additional dwelling units is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments or concerns.
Parks and Cemeteries/Forestry Division Comments:
Advisory comment: There are three existing City-owned Street trees within the boulevards
on Carlin Avenue and Dixon Street and these trees should be protected to City standards
throughout construction as per Chapter 690 of the current Property Maintenance By-law.
Transportation Planning 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
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
i
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
January 27, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 005 – 42 Hillcrest Lane - No Concerns
2) A 2025 – 006 – 19 Carlin Avenue - No Concerns
3) A 2025 – 007 – 864 King Street West - No Concerns
4) A 2025 – 008 – 1035 Ottawa Street North - No Concerns
5) A 2025 – 009 – 775 Queen Street South - No Concerns
6) A 2025 – 010 – 180 Ahrens Street West - No Concerns
7) A 2025 – 011 – 86 Florence Avenue (retained) - No Concerns
8) A 2025 – 012 – 86 Florence Avenue (severed) - 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.
Document Number: 4880325
28935
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4880325
January 31, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Eric Schneider, Senior Planner, 519-783-8918
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: February 6, 2025
REPORT NO.: DSD-2025-073
SUBJECT: Minor Variance Application A2025-007 864 King Street West
RECOMMENDATION:
That Minor Variance Application A2025-073 for 864 King Street West requesting
relief from Section 19, Site-Specific Provision (415) e) of Zoning By-law 2019-051, to
permit the physical separation of the 7th storey of a proposed multiple dwelling to
be setback from the east property line 3.1 metres instead of the minimum required
4.2 metres to facilitate the development of the site with a 45 storey building in
accordance with Site Plan Application SP24/069/K/ES, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a Minor Variance Application to facilitate the
development of the subject lands with a 45 storey multiple residential building.
The key finding of this report is that the requested variance meets the 4 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
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 northeast corner of King Street West and Pine
Street.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The subject property is identified as a Protected Major Transit Station Area
Strategic Growth Area C Land Use in the
-law Amendment to Zoning By-law 2019-051 is currently
both Zoning By-law 85-1 and Zoning By-law 2019-051 are in effect. The property is zoned
High Intensity Mixed Use Corridor Zone (MU-3) in Zoning By-law 85-1, and
Growth Zone (SGA--law 2019-051.
Figure 1 Location Map: 864 King Street West
The purpose of the application is to facilitate the redevelopment of the lands with a 45-
storey tower. The applicant is proposing to develop the lands with a 45-storey multiple
dwelling building. -phase build-
th
out of the lands. On October 28, 2024, the Planning and Strategic Initiatives Committee
approved Zoning By-law Amendment application ZBA24/022/K/ES. The application was to
th
be ratified at the following City Council Meeting on November 18, 2024. At the November
th
18, 2024 Council Meeting, the applicant requested changes to the concept based on
building structural needs that resulted in changes to the site specific zoning provision
requested as part of the Zoning By-law Amendment. City Council approved the changes
requested by the applicant. Through review of the subsequent Site Plan Application
(SP24/069/K/ES), Staff determined that a request for reduction in physical separation of
the east property line was not included in the requested changes to Council, and relief
from Zoning is required.
Site Plan Application SP24/069/K/ES is currently under review.
Figure 2 Location Map: View of Site from King Street West (January 29, 2025)
Figure 3 Site Plan Drawing
Figure 4 Site Plan Drawing (requested variance shown)
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
generally centrally located within Intensification Areas and/or represent redevelopment
opportunities at higher density. The request for a reduction in physical separation for the
th
7 storey of the parking podium facilitates the redevelopment of the lands with high
density and achieves the intent of the Official Plan designation. Planning Staff are of the
opinion that the proposed development meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The requirements for physical separation are intended to control the massing and building
placement of development and redevelopment, to ensure that there are no adverse
impacts to surrounding lands, and that the redevelopment potential of abutting lands is not
frustrated or compromised by development of the subject lands. The requested variance
for a reduction in physical separation is for a portion of the building used as parking
garage and will not contain dwelling units and balconies like in the tower portion of the
building. Staff anticipate this will result in lesser impacts in regards to privacy, overlook,
and sufficient physical separation. The requested variance for physical separation is only
th
applicable to the 7 storey (top floor) of the parking podium, as the first 6 storeys comply
to current zoning. Staff are of the opinion that the requested variance meets the general
intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff note that the as-of-right permissions for the subject property allow for the first 6 floors
of the structure to have a 0 metre interior side yard (Section 6.6 a), vii)), as the subject
lands are on a Priority Street (King Street) in Appendix G of Zoning By-law 2019-051. The
th
requested variance is for the 7 storey only, which will be used as a parking structure.
Planning Staff are of the opinion that the effects of the variance are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The subject lands are zoned and designated for high density development and the
requested variance will facilitate the redevelopment of the lands for high density use.
Planning Staff are of the opinion that the variance is desirable for the appropriate
development and use of the land.
Environmental Planning Comments:
Environmental comments being addressed through Site Plan Application SP24/069/K/ES.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No Engineering concerns.
Parks and Cemeteries/Forestry Division Comments:
Park Planning concerns including any street tree protection or required park dedication will
be addressed through Site Plan application SP24/069/K/ES.
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
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1 and 2019-051
DSD-2024-467 (ZBA24/022/K/ES)
ATTACHMENTS:
Attachment A Site Plan Drawings
January 27, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 005 – 42 Hillcrest Lane - No Concerns
2) A 2025 – 006 – 19 Carlin Avenue - No Concerns
3) A 2025 – 007 – 864 King Street West - No Concerns
4) A 2025 – 008 – 1035 Ottawa Street North - No Concerns
5) A 2025 – 009 – 775 Queen Street South - No Concerns
6) A 2025 – 010 – 180 Ahrens Street West - No Concerns
7) A 2025 – 011 – 86 Florence Avenue (retained) - No Concerns
8) A 2025 – 012 – 86 Florence Avenue (severed) - 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.
Document Number: 4880325
28935
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4880325
January 31, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: February 5, 2025
REPORT NO.: DSD-2025-058
SUBJECT: Minor Variance Application A2025-008 1035 Ottawa St. N.
RECOMMENDATION:
That Minor Variance Application A2025-008 for 1035 Ottawa Street North requesting
relief of the following Sections of Zoning By-law 2019-051:
i) Section 4.14.3 to permit a canopy to be ground supported, project 1.5 metres
into the front yard and be located 0 metres from the street line, whereas a
canopy cannot be ground supported, have a maximum projection of 1.8 metres
and be located 0.6 metres from the street line;
ii) Section 5.6 Table 5-5 to permit 53 parking spaces, (a parking rate of 0.74
parking spaces per dwelling unit inclusive of visitor parking) instead of the
minimum required 72 parking spaces (a parking rate of 0.9 parking spaces per
dwelling unit and 0.1 visitor parking spaces per dwelling unit);
iii) Section 8.3, Table 8-2 to permit a side yard setback of 5.3 metres abutting a
residential zone instead of the minimum required 7.5 metres;
iv) Section 8.3, Table 8-2 to permit a rear yard setback of 3.9 metres instead of the
minimum required 7.5 metres;
v) Section 8.3, Table 8-2 to permit 0% non-residential gross floor area instead of
the minimum required 20% non-residential gross floor area;
vi) Section 8.3, Table 8-2 to permit a minimum ground floor street façade building
height of 4.0 metres and 3.0 metres instead of the minimum required 4.5
metres; and
vii) Section 8.3, Table 8-2, to permit a minimum 35% and 10% street line façade
openings instead of the minimum required 50%;
to facilitate the construction of a new affordable housing development consisting of
71 dwelling units, generally in accordance with drawings prepared by ABA
Architects Inc., dated September 2, 2024, BE APPROVED.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of an affordable housing development with 71 residential dwelling units.
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 th
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of River Road near the intersection of
Ottawa Street North and River Road East.
Figure 1: Location Map: 1035 Ottawa Street North
City Node Urban Structure and is
on Map 3
The property is Mixed Use Three Zone (MIX-3) with Site-Specific Provision (49) in
Zoning By-law 2019-051.
The subject development is being proposed in partnership with the City of Kitchener and is
a project supported by the Housing Accelerator Fund. The proposed affordable housing
development consists of a 6 storey, 53-unit apartment adjacent to River Road East and
three 3-storey, 6 unit stacked townhouse buildings, for a total of 71 residential units. The
units will offer a range of unit types including 1, 2, 3 and 4 bedroom units.
It should also be noted that through the annual Zoning By-law update, the variances for
the parking rate reduction, and the reduction in non-residential gross floor area, are no
longer required for ublic Service Uses within the By-law. These updates were approved
by Council in January 2025 and are currently within the appeal period. The variances were
included within this application to ensure that the development can move forward should
there be an appeal to the updated By-law.
Figure 2: Proposed Site Plan
Figures 3 and 4: Current site conditions 1035 Ottawa St. North
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 lands are designated (Map 3). The Mixed Use land use
designation is designed to achieve an appropriate mix of commercial, residential and
institutional uses on the designated lands. It is also intended to be flexible and responsive
to land use pattern changes and demands and permit a broad range of uses at different
scales and intensities. Permitted residential uses may include those medium and high rise
residential uses which includes special needs housing. Staff is of the opinion that the
variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Canopy
The intent of the canopy regulations for projections, setbacks and ground supporting, are to
ensure that a canopy does not encroach into the road and sidewalk right of way. The intent of
the proposed canopy along River Road is to enhance the streetscape and provide refuge
space along that portion of the proposed building. Staff have reviewed initial concepts of the
proposed canopy and have no concerns with the canopy being ground supported, project 1.5
metres and have a 0 metre setback, and all can be considered minor.
Parking
The intent of the Zoning By-law parking rate is to ensure that there is sufficient parking
available for residents and visitors within the development. The intended use of the new
development is affordable and supportive housing which the proposed parking rate is
expected to be appropriate as not every resident may have access to a personal vehicle. The
property is adequately serviced by a number of bus routes in close proximity to the subject
property. There are also adequate services within walking distance with Stanley Park Mall
directly adjacent to the property. Further, changes to the By-law have now exempted ublic
Service from the minimum parking requirements. Transportation staff are also
supportive of the reduction in parking rates, and to the change within the By-law. Appropriate
bicycle parking and barrier-free parking will continue to be applied to the site.
Side yard setback abutting residential and rear yard setback
The intent of both the side yard setback abutting a residential zone and rear yard setback is
to ensure there is adequate separation and no adverse impacts to the adjacent residential
properties. The development will be setback 5.3 metres from the adjacent residential
apartment building, which still provides adequate separation. Further, because the property
has frontage on both River Road and Holborn Court, the City considers the front yard to be
along River Road. The rear yard setback would apply to Holborn Court, and the proposed
stacked townhouse is closer than the 7.5 metres required. The area between the building
and Holborn Court is considered to also be more of a front yard space and not intended to be
used as rear yard space. The reduction to 3.9 metres is appropriate for the development and
staff will ensure adequate landscaping is provided at the site plan stage.
Minimum ground floor street façade building height and openings
The intent of the minimum ground floor building height and façade opening regulation is to
ensure a ground floor space that can accommodate active uses on the ground floor of the
building and adequately address and enhance the streetscape. Staff acknowledge that there
is no commercial on the ground floor of the buildings and the applicant is providing adequate
glazing and enhancements to the front façade to ensure an appropriate streetscape along
both River Road and Holborn Court. The reduction of façade building height of 0.5 meters
along River Road, and 1.5 metres along Holborn Court is minimal, and the reduction of
openings to 35% and 10% and will not have any impact in the overall building design.
Non-residential use
The intent of the percentage of non-residential use with the By-law is to ensure that mixed
use properties provide an adequate portion of the development towards non-residential
uses. The intended use is a public use and through the update to the Zoning By-law it was
proposed that these types of uses do not require non-residential uses within the
development. City staff provided recommendations to City Council which ultimately
approved the recommendations. Flexibility has been provided within the By-law in order
for the ublic Service to be successful in its
development.
Staff is of the opinion that the variances meet the general intent of the Zoning By-Law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variances are minor as the variances that are
requested are to enhance an approved development. The proposed variances will not
present any significant impacts to adjacent properties or the overall streetscape and
neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances are desirable and appropriate for the development and use of the
land as their approval will facilitate the construction of a new affordable housing development
within a mixed use area.
Environmental Planning Comments:
No environmental concerns. Tree Management will be addressed through the Site Plan
Application process.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits
for the apartment building is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
Engineering division has no concerns.
Parks and Cemeteries/Forestry Division Comments:
Park Planning concerns including any street tree protection or required park dedication will
be addressed through a future Site Plan application.
Transportation Planning Comments:
Transportation Services have assessed the parking supply review that was submitted
(December 20, 2024) by Paradigm Transportation Solutions Ltd. and are in support of the
proposed parking supply of 53 to 57 spaces.
Transportation Services have reviewed the TDM plan submitted (December 20, 2024) by
Paradigm Transportation Solutions Ltd. and are in support of the TDM plan. The plan
notes that bike parking will be provided to meet zoning requirements, sidewalks are
provided on the surrounding road network and existing GRT stops within a 5-minute walk
from the site.
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 dvance
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
ailing 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
January 27, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 005 – 42 Hillcrest Lane - No Concerns
2) A 2025 – 006 – 19 Carlin Avenue - No Concerns
3) A 2025 – 007 – 864 King Street West - No Concerns
4) A 2025 – 008 – 1035 Ottawa Street North - No Concerns
5) A 2025 – 009 – 775 Queen Street South - No Concerns
6) A 2025 – 010 – 180 Ahrens Street West - No Concerns
7) A 2025 – 011 – 86 Florence Avenue (retained) - No Concerns
8) A 2025 – 012 – 86 Florence Avenue (severed) - 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.
Document Number: 4880325
28935
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4880325
January 31, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Eva Zach
February 13, 2025
Reg: Committee of Adjustments
Application for Minor Variance No. A 2025-008
To Whom it may concern,
As a resident owner of a property on Holborn Court, I do not support the proposed
changes. Holborn Court is a tiny street that already handles more traffic that it was
designed to handle. The proposed changes will create even more traffic and noise
pollution.
I also believe that the present Zoning By-Laws were formulated to protect
residents and the environment.
Yours truly,
Eva Zach
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 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 9
DATE OF REPORT: February 7, 2025
REPORT NO.: DSD-2025-071
SUBJECT: Minor Variance Application A2025-009 775 Queen St. S.
RECOMMENDATION:
That Minor Variance Application A2025-009 for 775 Queen Street South requesting
Permission under section 45(2)(a)(ii) of the Planning Act to permit the enlargement
or extension of a legal non-conforming use, a Single Detached Dwelling with one
Additional Dwelling Unit (Attached), to facilitate the addition of an Additional
Dwelling Unit (Detached) with 2 dwelling units for a total of 4 dwelling units on the
subject property, generally in accordance with the plan received on January 22,
2025, prepared by Craig Dumart, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the request for permission to expand a legal
non-conforming use at 775 Queen Street South.
The key finding of this report is that staff are satisfied that expanding the legal non-
conforming use is in the public interest and does not create unacceptable impacts on
abutting properties.
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
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 within the Mill-Courtland neighbourhood and is situated on
the northeast corner of the intersection of Queen Street South and Highland Road East.
The property has approximately 15 metres of frontage on Queen Street South and 30
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
metres frontage on Highland Road East and currently contains a Single Detached
Dwelling with one Additional Dwelling Unit (Attached) which is a legal non-conforming use.
Figure 1: Location Map - 775 Queen St. S. (Outlined in Red)
Community Areas Urban Structure and is
on Map 3 Land Use The property
--law 2019-051. The property also falls
Established
Neighbourhood Ar-law 2019-051.
The purpose of this permission application is to expand the legal non-conforming use, a
Single Detached Dwelling with one Additional Dwelling Unit (Attached), to facilitate the
construction of an Additional Dwelling Unit (Detached) with two dwelling units for a total of
four dwelling units on the property. Staff note that the current MIX-1 zone permits a
dwelling unit but only within a mixed use building where at least one permitted non-
residential is located on the ground floor along the entire length of the street line façade.
Neither the existing building nor proposed Additional Dwelling Unit (Detached) contain a
ground floor non-residential use.
In addition to the permission application, a building permit and Zoning Occupancy
Certificate is required before the Additional Dwelling Unit (Detached) can be constructed.
The Zoning Occupancy Certificate process will ensure the proposed structure is zoning
compliant with respect to such regulations as setbacks, building height, minimum
landscaping, minimum parking, and maximum driveway width. The applicant has yet to
submit a Zoning Occupancy Certificate which means staff cannot confirm the proposed
structure is completely zoning compliant. However, staff noticed during a site visit that the
existing driveway extends beyond the garage on both sides as shown in Figure 4 below
and is approximately 13 metres wide. As per Zoning Section 5.1, whenever there is an
increase in gross floor area on a lot, such as adding an Additional Dwelling Unit
(Detached), the provisions of Section 5 shall apply. This means the driveway must be
reduced in width to comply with the current maximum permitted driveway width of 8
metres or otherwise permitted by a minor variance application before the Additional
Dwelling Unit (Detached) can be zoning compliant. Any necessary driveway modifications
will be managed as part of the Zoning Occupancy Certificate process.
Figure 2: Site Plan for Additional Dwelling Unit (Detached)
Figure 3: Front of Existing Single Detached Dwelling with one Additional Dwelling
Unit (Attached)
Figure 4: Existing Driveway
Figure 5: Proposed Location for Additional Dwelling Unit (Detached) in Rear Yard
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)(ii). 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 satisfied that request for permission to expand the legal non-conforming use to
facilitate the construction of an Additional Dwelling Unit (Detached) with two dwelling units
is in the public interest. The City of Kitchener is currently experiencing a housing crisis and
is looking for opportunities to facilitate residential development wherever appropriate, such
as the proposed intensification on the subject property.
Any Adverse or Unacceptable Impacts?
The proposed expansion of the legal non-conforming use, a Single Detached Dwelling
with one Additional Dwelling Unit (Attached), does not create any unacceptable or adverse
impacts on abutting properties. The abutting property to the north is also zoned MIX-1
and as mentioned above, a dwelling unit is a permitted use provided the dwelling unit is
located within a mixed use building with at least one ground floor non-residential use
which abuts the entire street line façade. Since a dwelling unit is a permitted use, the other
permitted uses within the MIX-1 are contemplated to be within close proximity of dwelling
units. As such, adding more dwelling units to the subject property should not have
unacceptable impacts on the abutting property to the north. The other abutting property to
the east is Woodside Park which will not be negatively impacted by the expansion of the
legal non-conforming use.
Environmental Planning Comments:
Environmental Planning has no concerns with this application.
Heritage Planning Comments:
The subject property is located adjacent to the Victoria Park Neighborhood Heritage
Conservation District, and to 20-30 Woodland Road East, which is designated under Part
IV of the Ontario Heritage Act. The proposed development is not anticipated to have any
adverse impacts to the adjacent protected cultural heritage resources. Thus, staff have no
concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building
permit for the two detached additional dwelling units is obtained prior to construction.
Please contact the Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
Applicant will need to
Permit stage.
Parks and Cemeteries/Forestry Division Comments:
Although no construction is proposed along Queen Street, there is an un-inventoried tree
along the Queen Street Sout frontage that is likely a shared boundary tree and should be
protected to required City standards throughout construction as per Chapter 690 of the
current Property Maintenance By-law. I would also note that the existing driveways are
wider than what is shown on the mark-up survey.
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
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
January 27, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 005 – 42 Hillcrest Lane - No Concerns
2) A 2025 – 006 – 19 Carlin Avenue - No Concerns
3) A 2025 – 007 – 864 King Street West - No Concerns
4) A 2025 – 008 – 1035 Ottawa Street North - No Concerns
5) A 2025 – 009 – 775 Queen Street South - No Concerns
6) A 2025 – 010 – 180 Ahrens Street West - No Concerns
7) A 2025 – 011 – 86 Florence Avenue (retained) - No Concerns
8) A 2025 – 012 – 86 Florence Avenue (severed) - 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.
Document Number: 4880325
28935
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4880325
January 31, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Arwa Alzoor, Planner, 519-783-8903
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: January 24, 2025
REPORT NO.: DSD-2025-043
SUBJECT: Consent Application B2025-002 - 685 Fischer Hallman Road
RECOMMENDATION:
That Consent Application B2025-002 for 685 Fischer Hallman Road to facilitate a
Lease Agreement in excess of 21 years in favour of , for an
existing restaurant with a drive-through, BE APPROVED, subject to the following
conditions:
1. associated
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
4. That the Owner verify, in writing, whether the Lease Agreement, is affected by any
required or existing easements and/or restricted covenants, to confirm the
necessary arrangements for servicing, shared parking and access are in place.
5. That the Owner verify, in writing, that the subject property has been developed in
accordance with the Approved Site Plan Agreement, and if necessary, the Site
Plan Agreement is to be amended to include any required revisions and/or
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
updates.
6.That the Owner verify, in writing, that the Lease Agreement complies with and
fulfils all pertinent provisions of the Ontario Planning Act.
7. That the Owner/Developer submit a copy of the signed mutual access agreement
for both severed and retained parcels to the satisfaction of the Regional
Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application requesting consent to enter into a
long-term lease exceeding 21 years for a restaurant and drive-through located on the
lands addressed as 685 Fischer Hallman Road. The building is existing, and no new
development is proposed.
The key finding of this report is that the long-term lease be approved as it will not
impact or restrict the existing and ultimate development of the subject lands
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
advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located within a commercial plaza at the southwest corner of
Fisher Hallman Road and Ottawa Street South.
The subject property is identified as a City Node Urban Structure and is
on Map 3
-2) with Site-Specific Provision (35) in
Zoning By-law 2019-051.
Figure 1: Location Map
Figure 2: Zoning Map
The purpose of the applicationis to request alease agreement apply to the area shown in
the red-highlighted area lease sketch, shown inFigure 3below, submitted with the
application. This area is 706.4B-
through.
The owner of a commercial plaza located at 685 Fischer-Hallman Road is requesting
consent, as per Section 50 (3) of the Ontario Planning Act, to permit the execution of a long-
term lease (agreement) with for a period exceeding 21 years in
duration. The building is existing, and no new Gross Floor Area (GFA) is proposed.
Site Plan Application SP01/06/FGR to permit the development of the commercial plaza,
having 4 buildings and 209 parking spaces, was approved, and a Section 41 Agreement
was registered on July 11, 2002. The site has been fully developed and, according to City
records, there are no outstanding site matters to address. The site was planned and
developed comprehensively as a plaza complex with all the buildings utilizing and sharing
the parking areas, walkways, and two approved accesses for the site via Ottawa Street
South and Fischer Hallman Road.
Application B2023-020 and B2023-034 are two previously approved long-term lease
applications for the subject property for Buildings A and D, which were approved by the
Committee of Adjustment.
Figure 3: Site plan- Wendy's Restaurant and Drive-through
Figure 4:
st
Planning staff visited the site on January 31, 2025
Figure 5: Picture of the restaurant Drive-through
Figure 6: Picture from the side of the drive-through and the abutting lot access
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)
Regional Official Plan (ROP):
As the proposal is to facilitate a long-term lease of existing Building for a period greater
than 21 years, no lots are being created or lot lines being adjusted, and no physical changes
opinion that no sections of the
PPS or Regional Official Plan are specifically relevant, and that the application would
conform to these plans and policies.
With respect to the Official Plan, no new parcels will be created through this application. The
consent will not frustrate the planned function or ability of the site to operate (with shared
access and parking) or appear to impede the outcome of any future planning processes.
The use of property is in conformity with the
In considering that the intent of the proposal is to facilitate an administrative consent required
by the Planning Act and that no changes are proposed to the existing, permitted commercial
development on th
adversely impact any policies of the Official Plan.
Zoning By-law 2019-051
-law the use of the subject lands for a commercial is a
permitted use COM-2, and the site as developed comprehensively complies
with the Zoning By-law with respect to setbacks and parking. The long-term lease would not
negatively impact the remainder of the commercial plaza, and no minor variances are
required as a result of the long-term lease.
Planning Conclusions/Comments:
The long-term lease will not impact or restrict the existing and ultimate development of the
subject lands and is considered to be appropriate and in accordance with the policies of the
Official Plan and the criteria set out in Section 51 (24) of the Planning Act.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The lands are designated Built-Up Area within the Urban Area Boundary in the ROP,
The subject lands are located at the corner of Ottawa St S (RR#4) and Fischer-Hallman
Rd (RR#58), with access to both Regional Roads. To allow for the continued use of the
existing access(es), a copy of a signed mutual access agreement for both the severed and
retained parcels is required by the Region as a condition of approval.
Grand River Conservation Authority Comments:
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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
th
150 Frederick Street, 8floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/25 KIT
January 31, 2025
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications: B2025-002 to B2025-004
Committee of Adjustment Hearing February 18, 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.
AM File No: B 2025-002
Address: 685 Fischer-Hallman Rd
Location: TRACT GERMAN COMPANY PT LOT 47 RP 58R13851 PT 1
Owner: 1465762 Ontario Ltd c/o Sharon Shaw (Kingsley Property Management)
Applicant: CTS Planning & Land Development c/o Chris Stoyanovich
Owner/applicant is seeking consent to sever part of parcel to register lease over 21
years for landslocated at the corner of regional roads, Ottawa St S and Fischer
Hallman. This amends the existing lease between the tenant (PPFWEN Restaurant
Inc) and the property owner (1465762 Ontario Ltd). The consent is for an irregular
shaped part of land with restaurant/ drive-thru (706.4 sqm) within the commercial
shopping plaza (15, 226 sqm). There is no proposed change to land use or site
alteration.
The lands are designated Built-Up Area within the Urban Area Boundary in the ROP,
designated Commercial in the City’s Official Plan, and zoned COM 2(35)
“Neighbourhood Shopping Centre”.
Regional Road Access
The subject lands are located at the corner of Ottawa St S (RR#4) and Fischer-Hallman
Rd (RR#58), with access to both Regional Roads.To allow for the continued use of the
existing access(es), acopy of a signed mutual access agreement for both the severed
and retained parcels isrequired by the Region as condition ofapproval.
Threats Inventory Database
The following information is provideduntil
such time as access to the Threat Inventory
Database (TID) has been transferred to the
Area Municipality.
On review of the Threat Inventory Database,
there are no records associated with the
subject lands, and one record associated with
the adjacent property at 1425 Ottawa St S,
identifying a high-levelthreat (Kitchener-
Wilmot Hydro Inc -Electrical Utility Site).
In summary, Regional Staff has no objectionto this application subject to the
following condition(s):
1.That the Owner/Developersubmit a copy of the signed mutual access agreement
for both severed and retained parcels to the satisfaction of the Regional
Municipality of Waterloo.
AM File No: B2025-003
Address: 180 Ahrens St W
Description: PLAN 75 PT LOT 1 PT LOT 2
Owner: David Craig Dumart
Applicant: David Craig Dumart
Owner/applicant proposes consent to sever to create new residential lot; being severed
lot - 318 sqm area with 14.8m frontage on Wilhem St; and retained lot – 372 sqm area
with 13.7m frontage on Ahren St W and 24m frontage on Wilhem St. The application
states existing lot is vacant (partially completed foundation with building permit),
proposes future single detached dwelling on each lot.. The lands are designated Built-
up Area within the Urban Area boundary in the ROP, designated Low Rise Residential
in the City Official Plan, and zoned RES-4.
Threats Inventory Database
The following information is provided in the interim, until such time as access to the
Threat Inventory Database (TID) has been transferred to the Area Municipality. On
review of the Threat Inventory Database, there are no records associated with the
subject lands or adjacent lands.
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 approval.
In summary, Regional Staff has no objection to this application subject to the
following condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
AM File No: B2025-004 (lot creation); B2025-005 (easement)
Address: 86 Florence Ave
Description: PLAN 308 LOT 110 PT LOT 109 PT LOT 111 PT LOT 116
Owner: Knezevic Mirko
Applicant: Bobicon Ltd C/O Boban Jokanovic
Owner/applicant proposes consent to sever for new lot creation and access easement.
Severed lot is proposed 582.59sqm area with 9.91m frontage; retained lot is 512.73
sqm area with 10.52m frontage; and easement is 70.71sqm area, with 48.77m depth
and 1.45m width. Redevelopment is proposed for a single detached dwelling with 4
units on each lot. Access easement is proposed for shared drive to access rear parking
located on both lots. The lands are designated Built-up Area within the Urban Area
boundary in the ROP, designated Low Rise Residential in the City Official Plan, and
zoned RES-4.
Threats Inventory Database
The following information is provided in the interim, until such time as access to the
Threat Inventory Database (TID) has been transferred to the Area Municipality. On
review of the Threat Inventory Database, there are no records associated with the
subject lands or adjacent lands.
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 approval.
In summary, Regional Staff has no objection to this application subject to the
following condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
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
January 31, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:Kitchener - 685 Fischer Hallman Road - B 2025-002
Date:Thursday, January 30, 2025 1:49:19 PM
Hello,
We are in receipt of your Application for Consent, B 2025-002 dated 2025-01-23. 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.
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications@HydroOne.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@HydroOne.com
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 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: February 5, 2025
REPORT NO.: DSD-2025-045
SUBJECT: Minor Variance Application A2025-010 180 Ahrens St. W.
Consent Application B2025-003 180 Ahrens St. W.
RECOMMENDATION:
Minor Variance Application A2025-010
That Minor Variance Application A2025-010 for 180 Ahrens Street West requesting
relief from Section 7.6 of Zoning By-law 2019-051 to permit a Front Yard setback of
4.5 metres instead of the required 9.7 metres, generally in accordance with drawings
prepared by David Craig Dumart, dated January 21, 2025, BE APPROVED.
Consent Application B2025-003
That Consent Application B2025-003 requesting consent to sever a parcel of land
having a lot width of 14.8 metres, a lot depth of 20.8, metres and a lot area of 318
square metres, BE APPROVED subject to the following conditions:
1. That Minor Variance Application A2025-010 receive final approval.
2. and
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
3. That the Owner shall obtain a tax certificate from the City of Kitchener to
verify that there are no outstanding taxes on the subject property(ies) to the
4. That the Owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
.dgn (Microstation) format, as well as two full size paper copies of the
plan(s). The digital file needs to be submitted according to the City of
Mapping Technologist.
5. That the existing foundation be removed
Manager, Development Approvals and Chief Building Official.
6. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Severed and Retained lands, in
by the
demolition, grading, servicing, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification of
a proposed building envelope/work zone, a landscaped area and the
vegetation to be preserved. If necessary, the plan shall include required
mitigation and or compensation measures.
b) That the Owner further agrees to implement the approved plan. No changes
to the said plan shall be
Manager, Site Plans.
c) Maintain the lands, in accordance with the approved Tree Preservation and
Enhancement Plan, for the life of the development.
7. That the Owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,892.00.
8. The Owner shall enter into an agreement with the City of Kitchener, to be
prepared by the City Solicitor, which shall acknowledge that the severed
lands are un-serviced and shall provide for the installation of services and
service connections to the severed lands to be completed prior to any future
development of the severed lands. The agreement shall further require the
Owner to include a notice provision in all future Agreements of Purchase and
Sale for the severed lands advising potential Purchaser(s) that the severed
lands are unserviced. The said agreement shall be to the satisfaction of the
Director of Engineering Services and the City Solicitor and shall be registered
on title to the severed lands.
9. That the Owner submit the Consent review fee of $350 per application to the
Regional Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommendations with respect to the Minor
Variance and Consent applications for 180 Ahrens Street West.
Staff recommend that the applications 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is a corner lot located at the northwest of the intersection of Ahrens
Street West and Wilhelm Street in the Mt. Hope Huron Park neighbourhood. The subject
property currently features a foundation for a single detached dwelling, which is no longer
under construction. The lot was consequently sold before construction was completed.
The new owner is pursuing a minor variance and consent application rather than
completing the plan of the previous owner.
Figure 1: Aerial view of the subject property
Figure 2: The subject property, view from Ahrens Street W (taken January 30, 2025)
Community Areas2 Urban Structure and is
Low Rise Residential on Map 3
Low Rise Residential Four Zone (RES-4)-law 2019-
051.
The purpose of the application is to reduce the required front yard setback to 4.5 metres
D) of Zoning By-law 2019-051, requiring the front yard
setback of the subject property to be calculated usi
one metre. The established front yard is calculated by taking the average of the existing
front yard setback of the property on either side of the subject property. The resulting
established front yard is roughly 10.7 metres, resulting in a minimum front yard setback
requirement of 9.7 metres.
This variance would apply to the severed parcel of Consent Application B2025-010, a
consent application for the same property. No variances are requested or required for the
retained parcel.
Figure 3: Proposed consent and variance sketch
REPORT:
Planning Comments Minor Variance Application A2025-010:
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 in the Official Plan. Section
15.D.3 of the Official Plan provides policy direction on lands under residential
designations.
Policy 15.D.3.3 provides urban design principles regarding the integration of new
development in low rise residential areas:
a) compatibility of building form with respect to massing, scale, design;
b) the relationship of housing to adjacent buildings, streets and exterior areas;
c) adequate and appropriate parking areas are provided on site; and,
d) adequate and appropriate amenity areas and landscaped areas are provided on
site.
Policy 15.D.3.4 provides additional direction for new residential buildings in predominately
low density neighbourhoods, such as the one surrounding the subject property.
All new residential buildings, additions and/or modifications to existing residential buildings
and conversions in predominantly low density neighbourhoods should be compatible with
and respect the massing, scale, design and physical character of the established
neighbourhood and have both appropriate landscaped areas and parking areas provided
on site.
The severed parcel meets all lot size requirements; however, in establishing a future
building envelope, the setbacks required as-of-right limit development potential. The
proposed reduced front yard setback would align the severed parcel building envelope
with the exterior side yard setback of the retained parcel, creating a consistent built form
edge, which is generally in keeping with the street. The requested variance is required to
meet the intent of the Official Plan.
General Intent of the Zoning By-law
abutting the subject property on both sides. The intent of this approach is to maintain a
generally consistent built form in the older and more established neighbourhoods of the
City.
The property abutting to the east, 110 Wilhelm Street, is set back considerably (roughly
17.5 metres) from Wilhelm Street. By basing the established front yard on this
measurement, a greater than normal front yard setback is required on the subject
property. The properties along Wilhelm Street are generally setback between 4 and 6
metres. The front yard setback of 110 Wilhelm is anomalous to the area and by using this
yard in the established front yard calculation, an additional property that is not consistent
with the area would be created, being the severed parcel.
Additionally, the retained parcel has a minimum exterior side yard setback of 4.5 metres.
The exterior side yard is the Wilhelm Street frontage, and as a result, by reducing the
required front yard setback to 4.5 metres, a consistent built form edge will be created. This
would maintain the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
A common approach to determine if the effect of a variance is minor is to consider the
impacts on the surrounding area. The proposed 4.5 metre setback is generally consistent
with the neighbourhood and would align with the exterior side yard setback of the abutting
retained lot. By reducing the required front yard setback no impacts are anticipated and
the variance would be considered minor.
Figure 4: Lot and building fabric of the surrounding area
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The creation of an appropriately sized lot in a low rise residential neighbourhood is an
example of gentle intensification that is supported by City staff. The severed lot meets the
Zoning By-law requirements for size and area but is limited by the calculation of the
established front yard and large setback of the abutting property. By reducing the front
yard setback, a developable parcel can be created with no other variances required. As
such, the variance will establish a desirable use of the land.
Additionally, the decreased front yard setback will reduce the paved area of the severed
parcel, as a driveway will have less distance to cover to connect the roadway to the future
dwelling. A lesser amount of paved area is a desirable lot condition.
Planning Comments Consent Application B2025-003:
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 application is consistent with the Provincial
Planning Statement in general and as it relates to housing policies in Chapter 2 regarding
intensification and facilitating housing options. The creation of a new parcel contributes to
gentle intensification, with the potential to contribute Additional Dwelling Units to further
add further housing options. Section 2.2 1 (b) of the PPS 2024 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. The
proposed consent application will contribute towards housing needs and is therefore
consistent with this policy direction.
Regional Official Plan (ROP):
the Urban Area. The subject propertyfallsis-
Up
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 within these
designations. 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.
on Map 2 Urban Structure and is
on Map 3
Policy 3.C.2.50 of the Official Plan establishes the intent for Community Areas: The
planned function of Community Areas is to provide for residential uses as well as non-
residential supporting uses intended to serve the immediate residential areas.
The proposed consent in conformity with this policy. The retained and severed lots will
continue to provide residential uses.
Policy 3.C.2.52. provides direction regarding intensification in Community Areas: Limited
intensification may be permitted within Community Areas in accordance with the
applicable land use designation on Map 3 and the Urban Design Policies in Section 11.
The proposed development must be sensitive to and compatible with the character, form
and planned function of the surrounding context.
The following Sections of the Official Plan are applicable to this application in
implementing Policy 3.C.2.52.:
15.D.3.8. The Low Rise Residential land use designation will accommodate a full
range of low density housing types which may include single detached
dwellings, additional dwelling units, attached and detached, semi-detached
dwellings, street townhouse dwellings, townhouse dwellings in a cluster
development, low-rise multiple dwellings, special needs housing, and other
forms of low-rise housing.
15.D.3.9. The City will encourage and support the mixing and integrating of innovative
and different forms of housing to achieve and maintain a low-rise built form.
The proposed consent will create one additional parcel for low rise residential use. This
use is permitted in the Low Rise Residential land use designation, which will contribute to
maintaining a low-rise built form in the area, conforming to the above noted policies.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
The proposed consent conforms with the above noted policy. The retained and severed lots
meet the requirements of the Zoning By-law, except the provision where a minor variance is
requested. In satisfying 17.E.20.5.b), a mix of lot fabrics are found in the area. The proposed
lots are generally reflective of the lotting pattern of the area, particularly when compared to
those at the intersection of Ahrens Street West and Wilhelm Street.
Zoning By-law 2019-051
RES-4-law 2019-051.
The following table outlines the RES-4 zone requirements and conformity of the retained
and severed parcels for single detached dwellings:
Zone Retained Lot Severed Lot
Provision
Requirement Provided Conformity Requirement Provided Conformity
2222
Minimum 235 m 372 m Y 235 m 318 m Y
Lot Area
Minimum 12.8 m 13.7 m Y 9.0 m 14.8 m Y
Lot Width
Minimum 6.5 m 7 m Y 9.75 m 4.5 m N
Front
Yard
Maximum 8.5 m 7 m Y 11.75 4.5 m Y
Front
Yard
Minimum 7.5 m 7.5 m Y 7.5 m 7.5 m Y
Rear Yard
Minimum 1.2 m 1.2 m Y 1.2 m 1.2 m Y
Interior
Side Yard
Minimum 4.5 m 4.5 m Y 4.5 m NA NA
Exterior
Side Yard
Maximum 55% < 55% Y 55% < 55% Y
Lot
Coverage
As demonstrated, only one variance is required to facilitate the proposed consent, being
the minimum front yard for the severed parcel.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are
desirable and appropriate.
Environmental Planning Comments:
To complete a Tree Preservation/Enhancement Plan prior to demolition/building
permit/grading/servicing, etc. for both the severed and retained parcels.
Heritage Planning Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and
prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 180
Ahrens Street West is located within the Mount Hope/Breithaupt Neighbourhood CHL. The
proposed front yard setback is not anticipated to have any major impacts on the cultural
heritage value of Mt. Hope/Breithaupt Neighborhood. As such, staff have no concerns.
Staff would, however, encourage that any new development be compatible with the
surrounding character of the neighborhood in terms of setbacks, massing, and materials.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and
Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal
Services (DGSSMS) allows only one service per lot. Building permit(s) will be required for
the construction of the new residential buildings.
Engineering Division Comments:
That the Owner shall enter into an agreement to be prepared by the City Solicitor which
shall acknowledge that the severed lands are un-serviced and shall provide for the
installation of services and service connections to the severed lands to be completed prior
to any future development of the severed lands. The agreement shall further require the
Owner to include a notice provision in all future Agreements of Purchase and Sale for the
severed lands advising potential Purchaser(s) that the severed lands are un-serviced. The
said agreement shall be to the satisfaction of the Director of Engineering and the City
Solicitor and shall be registered on title to the severed lands.
Parks/Operations Division Comments:
There are no inventoried City tree assets that will be impacted by the proposed
development.
Cash-in-lieu of park land dedication will be required prior to deed endorsement of the
severed parcel as 1 new development lot will be created. The cash-in-lieu dedication
required is $11,862. Park Dedication is calculated at 5% of the new development lots only,
with a land valuation calculated by the lineal frontage of 14.8 m at a land value of $36,080
per frontage meter with a per unit cap of $11,862.
Transportation Planning Comments:
A2025-010
Transportation Services have no concerns with this application.
B2025-003
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
A2025-010
No concerns.
B2025-003
The Owner/Applicant proposes consent to sever to create new residential lot; being
severed lot - 318 sqm area with 14.8m frontage on Wilhem St; and retained lot 372 sqm
area with 13.7m frontage on Ahren St W and 24m frontage on Wilhem St. The application
states existing lot is vacant (partially completed foundation with building permit), proposes
future single detached dwelling on each lot. The lands are designated Built-up Area within
the Urban Area boundary in the ROP, designated Low Rise Residential in the City Official
Plan, and zoned RES-4.
Threats Inventory Database
The following information is provided in the interim, until such time as access to the Threat
Inventory Database (TID) has been transferred to the Area Municipality. On review of the
Threat Inventory Database, there are no records associated with the subject lands or
adjacent lands.
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 approval.
In summary, Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application to
the Regional Municipality of Waterloo.
GRCA Comments:
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.
Hydro One Comments:
We are in receipt of your Application for Consent, B2025-003 dated 2025-01-23. We have
reviewed the documents concerning the noted Plan and have no comments or concerns at
this time. Our preliminary review considers issues
Facilities and Corridor Lands' only.
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
entering the address or by zooming in and out of the map.
If you have any further questions or inquiries, please contact Customer Service at 1-888-
664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your
Local Operations Centre.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
th
150 Frederick Street, 8floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/25 KIT
January 31, 2025
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications: B2025-002 to B2025-004
Committee of Adjustment Hearing February 18, 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.
AM File No: B 2025-002
Address: 685 Fischer-Hallman Rd
Location: TRACT GERMAN COMPANY PT LOT 47 RP 58R13851 PT 1
Owner: 1465762 Ontario Ltd c/o Sharon Shaw (Kingsley Property Management)
Applicant: CTS Planning & Land Development c/o Chris Stoyanovich
Owner/applicant is seeking consent to sever part of parcel to register lease over 21
years for landslocated at the corner of regional roads, Ottawa St S and Fischer
Hallman. This amends the existing lease between the tenant (PPFWEN Restaurant
Inc) and the property owner (1465762 Ontario Ltd). The consent is for an irregular
shaped part of land with restaurant/ drive-thru (706.4 sqm) within the commercial
shopping plaza (15, 226 sqm). There is no proposed change to land use or site
alteration.
The lands are designated Built-Up Area within the Urban Area Boundary in the ROP,
designated Commercial in the City’s Official Plan, and zoned COM 2(35)
“Neighbourhood Shopping Centre”.
Regional Road Access
The subject lands are located at the corner of Ottawa St S (RR#4) and Fischer-Hallman
Rd (RR#58), with access to both Regional Roads.To allow for the continued use of the
existing access(es), acopy of a signed mutual access agreement for both the severed
and retained parcels isrequired by the Region as condition ofapproval.
Threats Inventory Database
The following information is provideduntil
such time as access to the Threat Inventory
Database (TID) has been transferred to the
Area Municipality.
On review of the Threat Inventory Database,
there are no records associated with the
subject lands, and one record associated with
the adjacent property at 1425 Ottawa St S,
identifying a high-levelthreat (Kitchener-
Wilmot Hydro Inc -Electrical Utility Site).
In summary, Regional Staff has no objectionto this application subject to the
following condition(s):
1.That the Owner/Developersubmit a copy of the signed mutual access agreement
for both severed and retained parcels to the satisfaction of the Regional
Municipality of Waterloo.
AM File No: B2025-003
Address: 180 Ahrens St W
Description: PLAN 75 PT LOT 1 PT LOT 2
Owner: David Craig Dumart
Applicant: David Craig Dumart
Owner/applicant proposes consent to sever to create new residential lot; being severed
lot - 318 sqm area with 14.8m frontage on Wilhem St; and retained lot – 372 sqm area
with 13.7m frontage on Ahren St W and 24m frontage on Wilhem St. The application
states existing lot is vacant (partially completed foundation with building permit),
proposes future single detached dwelling on each lot.. The lands are designated Built-
up Area within the Urban Area boundary in the ROP, designated Low Rise Residential
in the City Official Plan, and zoned RES-4.
Threats Inventory Database
The following information is provided in the interim, until such time as access to the
Threat Inventory Database (TID) has been transferred to the Area Municipality. On
review of the Threat Inventory Database, there are no records associated with the
subject lands or adjacent lands.
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 approval.
In summary, Regional Staff has no objection to this application subject to the
following condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
AM File No: B2025-004 (lot creation); B2025-005 (easement)
Address: 86 Florence Ave
Description: PLAN 308 LOT 110 PT LOT 109 PT LOT 111 PT LOT 116
Owner: Knezevic Mirko
Applicant: Bobicon Ltd C/O Boban Jokanovic
Owner/applicant proposes consent to sever for new lot creation and access easement.
Severed lot is proposed 582.59sqm area with 9.91m frontage; retained lot is 512.73
sqm area with 10.52m frontage; and easement is 70.71sqm area, with 48.77m depth
and 1.45m width. Redevelopment is proposed for a single detached dwelling with 4
units on each lot. Access easement is proposed for shared drive to access rear parking
located on both lots. The lands are designated Built-up Area within the Urban Area
boundary in the ROP, designated Low Rise Residential in the City Official Plan, and
zoned RES-4.
Threats Inventory Database
The following information is provided in the interim, until such time as access to the
Threat Inventory Database (TID) has been transferred to the Area Municipality. On
review of the Threat Inventory Database, there are no records associated with the
subject lands or adjacent lands.
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 approval.
In summary, Regional Staff has no objection to this application subject to the
following condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
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
January 27, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 005 – 42 Hillcrest Lane - No Concerns
2) A 2025 – 006 – 19 Carlin Avenue - No Concerns
3) A 2025 – 007 – 864 King Street West - No Concerns
4) A 2025 – 008 – 1035 Ottawa Street North - No Concerns
5) A 2025 – 009 – 775 Queen Street South - No Concerns
6) A 2025 – 010 – 180 Ahrens Street West - No Concerns
7) A 2025 – 011 – 86 Florence Avenue (retained) - No Concerns
8) A 2025 – 012 – 86 Florence Avenue (severed) - 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.
Document Number: 4880325
28935
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4880325
January 31, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:Kitchener - 180 Ahrens Street West - B 2025-003
Date:Thursday, January 30, 2025 1:50:49 PM
Hello,
We are in receipt of your Application for Consent, B 2025-003 dated 2025-01-23. 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.
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications@HydroOne.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@HydroOne.com
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 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 2
DATE OF REPORT: February 5, 2025
REPORT NO.: DSD-2025-046
SUBJECT: Minor Variance Application A2025-011 - 86 Florence Avenue
Minor Variance Application A2025-012 - 86 Florence Avenue
Consent Application B2025-004 - 86 Florence Avenue
Consent Application B2025-005 - 86 Florence Avenue
RECOMMENDATION:
A. Minor Variance Application A2025-011 (Proposed Severed Parcel)
That Minor Variance Application A2025-011 for 86 Florence Avenue requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 4.12.2.g) to permit a lot width of 9.9 metres instead of the minimum
required 10.5 metres;
ii) Section 7.6 to permit a front yard setback of 7.9 metres instead of the required
9.65 metres;
iii) Section 5.3.3.a) vi) to permit a driveway width of 10 metres instead of the
maximum permitted 8 metres; and,
iv) Section 5.4.d) to permit a driveway width of 1.5 metres instead of the minimum
required 2.6 metres;
to permit the redevelopment of the severed parcel proposed to be created through
Consent Application B2025-004, generally in accordance with drawings prepared by
BOBICON LTD., dated January 3, 2025, BE APPROVED.
B. Minor Variance Application A2025-012 (Proposed Retained Parcel)
That Minor Variance Application A2025-012 for 86 Florence Avenue requesting relief
from the following Sections of Zoning By-law 2019-051:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
i) Section 7.6 to permit a minimum front yard of 7.9 metres instead of the
minimum required 11.6 metres;
ii)Section 5.3.3.a)vi)to permit a driveway width of 9 metresinstead of the
maximum permitted 8 metres; and,
iii) Section 5.4.d) to permit a driveway width of 2.1 metres instead of the minimum
required 2.6 metres;
to permit the redevelopment of the retained parcel proposed to be created through
Consent Application B2024-004, generally in accordance with drawings prepared by
BOBICON LTD., dated January 3, 2025, BE APPROVED.
C. Consent Application B2025-004 (Proposed Severed Parcel and Easement)
That Consent Application B2025-004 requesting consent to sever a parcel of land
having a lot width of 9.9 metres, a lot depth of 48.7 metres and a lot area of 582.5
square metres, including an easement with a width of 4.3 metres, depth of 48.6
metres, and area of 96.9 square metres BE APPROVED subject to the following
conditions:
1. That Minor Variance Applications A2025-011 and A2025-012 receive final
approval.
2. That Consent Application B2025-005 receive final approval.
3. and
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
4. That the Owner obtains Demolition Control Approval, in accordance with the
-law, to the satisfDirector,
Development and Housing Approvals.
5. That the Owner obtains a Demolition Permit, for the existing single detached
dwelling proposed to be demolished, to the satisfaction of the Chief Building
Official, and removes the existing dwelling prior to deed endorsement.
6. That the existing garage and fencing
Director, Development and Housing Approvals.
7. 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
8. 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
Mapping Technologist.
9. That the Owner make arrangement for financial compensation in the amount of
$3,600
Parks and Cemeteries.
10. That the Owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
11. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Severed and Retained lands, in
Manager, Site Plans, and where necessary, implemented prior to
any grading, servicing, tree removal or the issuance of building permits.
Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, a landscaped area and the
vegetation to be preserved. If necessary, the plan shall include required
mitigation and or compensation measures.
b) That the Owner further agrees to implement the approved plan. No
changes to the said plan shall be granted except with the prior approval
c) Maintain the lands, in accordance with the approved Tree Preservation
and Enhancement Plan, for the life of the development.
12. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
13. That the Owner submit a Development Asset Drawing (digital AutoCAD) for
the site (servicing, SWM etc.) with corresponding layer names and asset
information
prior to deed endorsement.
14. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of
the City's Director of Engineering Services.
15. That any new driveways are to be built to City of Kitchener standards at the
16. That the Owner provides confirmation that the basement elevation can be
of Engineering Services. If this is not the case, then the owner will need to
pump the sewage via a pump and forcemain to the property line and have a
Director of Engineering Services.
17. That the Transfer Easement document(s) required to create the Easement(s)
being approved herein shall include the following, and shall be approved by the
Applications:
a) a clear and specific description of the purpose of the Easement(s) and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost sharing
provisions related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
18.
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
19. That the Owner submit the consent review fee of $350 per consent application
to the Regional Municipality of Waterloo.
D. Consent Application B2025-005 (Proposed Easement)
That Consent Application B2025-005 requesting an easement having a width of 3.4
metres, a depth of 48.7 metres, and area of 111.7 square metres BE APPROVED
subject to the following conditions:
1. That Minor Variance Applications A2025-011 and A2025-012 receive final
approval.
2. That Consent Application B2025-004 receive final approval.
3.
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
4. 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
5. 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
Mapping Technologist.
6. That the Transfer Easement document(s) required to create the Easement(s)
being approved herein shall include the following, and shall be approved by the
a) a clear and specific description of the purpose of the Easement(s) and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost sharing
provisions related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
7.
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
8. That the Owner submit the consent review fee of $350 per consent application
to the Regional Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make recommendations with respect to the
two minor variance applications, lot creation, and two easement applications for 86
Florence Avenue.
Staff recommend that the applications 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Florence Avenue, between Huber
Street and Walker Street. Two street trees are located along the frontage of the subject
property, one of which will need to be removed to construct the shared driveway for the
retained and severed parcels.
Figure 1: The subject property, view from Florence Avenue (taken January 30, 2025)
Community Areas Urban Structure and is
Low Rise Residential
The subject Low Rise Residential Four Zone (RES-4)By-law
2019-051.
The purpose of the application is to create a new parcel and implement an easement on
both the retained and severed parcels for a shared access driveway. Minor variances are
required for both the retained and severed parcels, which address the shared driveway,
front yard setback, and lot width for only the severed lot. These applications facilitate the
redevelopment of the subject property for one fourplex on each the retained and severed
parcels. Functionally, this will be implemented as one primary dwelling and three attached
Additional Dwelling Units. A consolidated access is proposed with parking spaces located
at the rear of the retained and severed parcels.
Figure 2: Aerial view of the subject property
Figure 3: Proposed site plan
REPORT:
Planning Comments Minor Variance ApplicationsA2025-011 and A2025-012:
As six of the seven variances between applications A2025-011 and A2025-012 are for the
same zone provisions, the two applications will be addressed in the below sections. 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
15.D.3 of the Official Plan provides policy direction on lands under residential
designations.
Policy 15.D.3.3 provides urban design principles regarding the integration of new
development in low rise residential areas:
a) compatibility of building form with respect to massing, scale, design;
b) the relationship of housing to adjacent buildings, streets and exterior areas;
c) adequate and appropriate parking areas are provided on site; and,
d) adequate and appropriate amenity areas and landscaped areas are provided on
site.
Policy 15.D.3.4 provides additional direction for new residential buildings in predominately
low density neighbourhoods, such as the one surrounding the subject property.
All new residential buildings, additions and/or modifications to existing residential buildings
and conversions in predominantly low density neighbourhoods should be compatible with
and respect the massing, scale, design and physical character of the established
neighbourhood and have both appropriate landscaped areas and parking areas provided
on site.
The surrounding area features a mix of lot sizes and dwelling types, including single
detached, semi-detached, and multiple residential dwellings. Regarding lot size, the
retained parcel is deficient in minimum lot width, and both parcels are deficient in minimum
front yard setback. The existing front yard setbacks in the surrounding area generally vary
in size. The request for a front yard setback of 7.92 metres would not be out of character
for the area. The proposed lot arrangement provides a consolidated central driveway
which allows for appropriate landscaped areas in the front yard.
The requested variances meet the intent of the Official Plan.
General Intent of the Zoning By-law
The subject RES-4 By-law 2019-051.
The RES-4 zone permits lots with a single detached dwelling to be a minimum 9 metres
in width. The requirement to be 10.5 metres comes from the location of the subject
property, as it is identified as being within a Central Neighbourhood on Appendix C of the
Zoning By-law. Where properties within Central Neighbourhoods are further than 800
metres from a Major Transit Station Area, such as the subject property, the minimum lot
width is increased to 10.5 metres rather than the typical 9 metreswhere two or three
Additional Dwelling Units are present. The minimum lot width requirement is used to
ensure properties remain wide enough to feasibly develop, which is maintained by the
proposed lot and driveway arrangement.
The requirement for a minimum front yard of 9.6 and 11.6 metres is based on the
the properties abutting the subject property on both sides. The intent of this approach is to
maintain a generally consistent built form in the older and more established
neighbourhoods of the City. The proposed 7.9 metre setback is generally consistent with
the abutting corner property with a large setback to Florence Avenue.
The variances regarding the driveway width are due to the shared nature of the driveway.
Although the minimum width of the driveway is within the Zoning By-law permissions, the
Zoning By-law must be applied to each individual lot. As the driveway straddles the
proposed property line, the portion of the driveway on each lot is required to have a
variance. The intent of the Zoning By-law is to maintain widths that are wide enough to
comfortably support vehicles, but not so wide as the over-pave a property. This is
maintained through the proposed development. The driveway is 3.47 metres, which is a
permitted width. The dividing property line results in the requirement for a variance and
otherwise would not be required.
Are the Effects of the Variance(s) Minor?
A common approach to determine if the effect of a variance is minor is to consider the
impacts on the surrounding area. The variances to the driveway width are to facilitate the
creation of a shared driveway, straddling the property line between the retained and
severed parcels. By placing this driveway centrally, no impacts are anticipated to
neighbouring properties.
The proposed front yard setbacks are generally consistent with the surrounding area and
allow for landscaping in the front yard. A reduced front yard setback is not anticipated to
have a negative impact.
The width of the severed lot requests a reduction of 0.6 metres, from 10.5 metres down to
9.9 metres. Due to the creation of a shared driveway, the boundaries of the severed and
retained lots are less defined than in circumstances where each lot has their own
driveway. The non-curb cut portion of the severed lot remains consistent with properties in
the area that have their own individual driveway, and no negative impacts are anticipated.
Are the Variances Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
The proposed variances represent a form of gentle intensification that is generally
supported by planning staff. The consolidated driveway is a desirable solution to enable
parking at the rear of the properties. This arrangement decreases the paved area in the
front yard of the retained and severed lots, while having the parking areas screened from
public view. The variances facilitate the desirable redevelopment of the subject property.
Planning Comments Consent Applications B2025-004 and B2025-005:
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 application is consistent with the Provincial
Planning Statement in general and as it relates to housing policies in Chapter 2 regarding
intensification and facilitating housing options. The creation of a new parcel contributes to
gentle intensification, with the total of six Additional Dwelling Units adding further housing
options to the area. Section 2.2 1 (b) of the PPS 2024 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. The proposed
consent application will contribute towards housing needs and is therefore consistent with
this policy direction.
Regional Official Plan (ROP):
-
ROP. 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 within these
designations. 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.
Community Areas Urban Structure and is
Low Rise Residential
Policy 3.C.2.50 of the Official Plan establishes the intent for Community Areas: The
planned function of Community Areas is to provide for residential uses as well as non-
residential supporting uses intended to serve the immediate residential areas.
The proposed consent in conformity with this policy. The retained and severed lots will
continue to provide residential uses.
Policy 3.C.2.52. provides direction regarding intensification in Community Areas: Limited
intensification may be permitted within Community Areas in accordance with the
applicable land use designation on Map 3 and the Urban Design Policies in Section 11.
The proposed development must be sensitive to and compatible with the character, form
and planned function of the surrounding context.
The following Sections of the Official Plan are applicable to this application in
implementing Policy 3.C.2.52.:
15.D.3.8. The Low Rise Residential land use designation will accommodate a full
range of low density housing types which may include single detached
dwellings, additional dwelling units, attached and detached, semi-detached
dwellings, street townhouse dwellings, townhouse dwellings in a cluster
development, low-rise multiple dwellings, special needs housing, and other
forms of low-rise housing.
15.D.3.9. The City will encourage and support the mixing and integrating of innovative
and different forms of housing to achieve and maintain a low-rise built form.
The proposed consent will create one additional parcel for low rise residential use. This
use is permitted in the Low Rise Residential land use designation, which will contribute to
maintaining a low-rise built form in the area, conforming to the above noted policies.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
The proposed consent conforms with the above noted policy. The retained and severed lots
meet the requirements of the Zoning By-law, except the noted provisions where variances
are requested. In satisfying 17.E.20.5.b), a mix of lot fabrics are found in the area. The
existing lot is generally larger than those observed in the area, and the proposed lots are
generally reflective of the lotting pattern of the area, particularly the narrowerproperties along
Huber Street.
Figure 4: Consent sketch
Zoning By-law 2019-051
RES-4-law 2019-051.
The table below outlines the RES-4 zone requirements and conformity of the retained
and severed parcels:
This review of the Zoning By-law confirms that the request variances are required to
facilitate the proposed development. The request to amend both minimum and maximum
driveway width is due to the driveway being shared between the two properties, with
roughly being on each the severed and retained lot. The maximum also requires a
Zone Retained Lot Severed Lot
Provision
Requirement Provided Conformity Requirement Provided Conformity
2222
Minimum 360 m 512 m Y 360 m 582 m Y
Lot Area
Minimum 10.5 m 10.5 m Y 10.5 m 9.9 m N
Lot Width
Minimum 11.65 m 7.92 m N 9.65 m 7.92 m N
Front
Yard
Maximum 13.65 m 7.92 m Y 11.65 7.92 m Y
Front
Yard
Minimum 7.5 m 16.4 m Y 7.5 m 16.4 m Y
Rear Yard
Minimum 1.2 m 1.2 m Y 1.2 m 1.2 m Y
Interior
Side Yard
Minimum 4.5 m N/A N/A 4.5 m N/A N/A
Exterior
Side Yard
Maximum 55% < 55% Y 55% < 55% Y
Lot
Coverage
Minimum 2.6 m 2.02 m N 2.6 m 1.45 m N
Driveway
Width
Maximum 8 m 9.0 m N 8 m 9.83m N
Driveway
Width
Easement
Applications B2025-004 and B2025-005 also include the creation of an easement. This is
a reciprocal easement providing each lot with access rights over the area of the shared
driveway. This is necessary as half the width of the driveway is on each property, and a
car cannot traverse the driveway without being on the other lot.
Transportation Services recommends a slight adjustment to the easement area, as
reflected in their comments below. Where the applicant intends for the easement to cover
just the primary width of the access driveway, Transportation recommends slightly
expanding the area at the rear parking area to provide greater flexibility to vehicles
entering and exiting these parking spaces. The revised easement area is reflected in the
recommended approval.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are
desirable and appropriate.
Environmental Planning Comments:
The owner will enter into an agreement to complete a Tree Preservation/Enhancement
Plan prior to demolition/building permit/grading/servicing, etc. for both the severed and
retained parcels.
Heritage Planning Comments:
No concerns.
Building Division Comments:
A2025-011:
The Building Division has no objections to the proposed variance provided building permits
for the single detached dwelling with 3 attached additional dwelling units is obtained prior to
construction. Please contact the Building Division @ building@kitchener.ca with any
questions.
A2025-012:
The Building Division has no objections to the proposed variance provided building permits
for the single detached dwelling with 3 attached additional dwelling units is obtained prior to
construction. Please contact the Building Division at building@kitchener.ca with any
questions.
B2025-004:
The Building Division has no objections to the proposed consent. Region of Waterloo and
Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal
Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be
required for the demolition of the existing building, as well as construction of the new
residential buildings.
B2025-005:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
B2025-004:
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service
this property, all prior to severance approval. Our records indicate sanitary, storm and
water municipal services are currently available to service this property. Any further
enquiries in this regard should be directed to christine.goulet@kitchener.ca
Any new driveways are to be built to City of Kitchener standards. All works are at the
building.
A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval. Every effort is
to be made to avoid impacting existing City owned trees in the right-of-way.
A Development Asset Drawing (digital AutoCAD) is required for the new site
infrastructure with corresponding layer names and asset information to the satisfaction
of the Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by
gravity to the municipal sanitary sewer. If basement finished floor elevations do not
allow for gravity drainage to the existing municipal sanitary system, the owner will have
to pump the sewage to achieve gravity drainage from the property line to the municipal
sanitary sewer in the right of way.
B2025-005:
Every effort must be made to design the site to not impact existing City owned street
trees.
Parks/Operations Division Comments:
B2025-005:
Cash-in-lieu of park land dedication will be required prior to deed endorsement of the
severed parcel as 1 new development lot will be created. The cash-in-lieu dedication
required is $11,862. Park Dedication is calculated at 5% of the new development lots only,
with a land valuation calculated by the lineal frontage of 9.91m at a land value of $36,080
per frontage meter with a per unit cap of $11,862.
There are existing City-owned street trees that will be impacted by the proposed
development. Forestry staff have considered the proposed design and compensation for
the tree located in the middle of the existing lot will be accepted in the form of cash-in-lieu.
The cash-in-lieu required for the removal of tree #10037950 is $3600.00 and required prior
to deed endorsement of B2025-004, B2025-005 or building permit issuance which ever
occurs first. The City owned street tree located at the southwest corner of the property
should be protected in place to City standards throughout all demolitions and
construction. Please see image below and https://www.kitchener.ca/en/water-and-
environment/tree-bylaws-and-management.aspx.
Transportation Planning Comments:
A2025-011:
Transportation Services can support the requested driveway width of 1.45m, provided that
a mutual access agreement be registered on title. See the red hatched area below.
A2025-012:
Transportation Services can support the requested driveway width of 2.02m, provided that a
mutual access agreement be registered on title. See the red hatched area below.
Region of Waterloo Comments:
Threats Inventory Database
The following information is provided in the interim, until such time as access to the Threat
Inventory Database (TID) has been transferred to the Area Municipality. On review of the
Threat Inventory Database, there are no records associated with the subject lands or
adjacent lands.
Regional Fees
Regional staff have not received the fee for consent review of $350 per application. The
payment of the fee will be required as a condition of approval.
In summary, Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application to the
Regional Municipality of Waterloo.
Any submission requirements may be subject to peer review, at the owner/
Owner/Devel-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.
GRCA Comments:
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, permission from GRCA is not required.
Hydro One Comments:
We are in receipt of your Application for Consent, B2025-004 and B2025-005 dated 2025-
01-23. We have reviewed the documents concerning the noted Plan and have no
comments or concerns at this time. Our preliminary review considers issues affecting
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)
entering the address or by zooming in and out of the map.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:
Attachment A Proposed Site Plan
Attachment A - Proposed Site Plan
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
th
150 Frederick Street, 8floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/25 KIT
January 31, 2025
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications: B2025-002 to B2025-004
Committee of Adjustment Hearing February 18, 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.
AM File No: B 2025-002
Address: 685 Fischer-Hallman Rd
Location: TRACT GERMAN COMPANY PT LOT 47 RP 58R13851 PT 1
Owner: 1465762 Ontario Ltd c/o Sharon Shaw (Kingsley Property Management)
Applicant: CTS Planning & Land Development c/o Chris Stoyanovich
Owner/applicant is seeking consent to sever part of parcel to register lease over 21
years for landslocated at the corner of regional roads, Ottawa St S and Fischer
Hallman. This amends the existing lease between the tenant (PPFWEN Restaurant
Inc) and the property owner (1465762 Ontario Ltd). The consent is for an irregular
shaped part of land with restaurant/ drive-thru (706.4 sqm) within the commercial
shopping plaza (15, 226 sqm). There is no proposed change to land use or site
alteration.
The lands are designated Built-Up Area within the Urban Area Boundary in the ROP,
designated Commercial in the City’s Official Plan, and zoned COM 2(35)
“Neighbourhood Shopping Centre”.
Regional Road Access
The subject lands are located at the corner of Ottawa St S (RR#4) and Fischer-Hallman
Rd (RR#58), with access to both Regional Roads.To allow for the continued use of the
existing access(es), acopy of a signed mutual access agreement for both the severed
and retained parcels isrequired by the Region as condition ofapproval.
Threats Inventory Database
The following information is provideduntil
such time as access to the Threat Inventory
Database (TID) has been transferred to the
Area Municipality.
On review of the Threat Inventory Database,
there are no records associated with the
subject lands, and one record associated with
the adjacent property at 1425 Ottawa St S,
identifying a high-levelthreat (Kitchener-
Wilmot Hydro Inc -Electrical Utility Site).
In summary, Regional Staff has no objectionto this application subject to the
following condition(s):
1.That the Owner/Developersubmit a copy of the signed mutual access agreement
for both severed and retained parcels to the satisfaction of the Regional
Municipality of Waterloo.
AM File No: B2025-003
Address: 180 Ahrens St W
Description: PLAN 75 PT LOT 1 PT LOT 2
Owner: David Craig Dumart
Applicant: David Craig Dumart
Owner/applicant proposes consent to sever to create new residential lot; being severed
lot - 318 sqm area with 14.8m frontage on Wilhem St; and retained lot – 372 sqm area
with 13.7m frontage on Ahren St W and 24m frontage on Wilhem St. The application
states existing lot is vacant (partially completed foundation with building permit),
proposes future single detached dwelling on each lot.. The lands are designated Built-
up Area within the Urban Area boundary in the ROP, designated Low Rise Residential
in the City Official Plan, and zoned RES-4.
Threats Inventory Database
The following information is provided in the interim, until such time as access to the
Threat Inventory Database (TID) has been transferred to the Area Municipality. On
review of the Threat Inventory Database, there are no records associated with the
subject lands or adjacent lands.
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 approval.
In summary, Regional Staff has no objection to this application subject to the
following condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
AM File No: B2025-004 (lot creation); B2025-005 (easement)
Address: 86 Florence Ave
Description: PLAN 308 LOT 110 PT LOT 109 PT LOT 111 PT LOT 116
Owner: Knezevic Mirko
Applicant: Bobicon Ltd C/O Boban Jokanovic
Owner/applicant proposes consent to sever for new lot creation and access easement.
Severed lot is proposed 582.59sqm area with 9.91m frontage; retained lot is 512.73
sqm area with 10.52m frontage; and easement is 70.71sqm area, with 48.77m depth
and 1.45m width. Redevelopment is proposed for a single detached dwelling with 4
units on each lot. Access easement is proposed for shared drive to access rear parking
located on both lots. The lands are designated Built-up Area within the Urban Area
boundary in the ROP, designated Low Rise Residential in the City Official Plan, and
zoned RES-4.
Threats Inventory Database
The following information is provided in the interim, until such time as access to the
Threat Inventory Database (TID) has been transferred to the Area Municipality. On
review of the Threat Inventory Database, there are no records associated with the
subject lands or adjacent lands.
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 approval.
In summary, Regional Staff has no objection to this application subject to the
following condition(s):
1. That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
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
January 27, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 005 – 42 Hillcrest Lane - No Concerns
2) A 2025 – 006 – 19 Carlin Avenue - No Concerns
3) A 2025 – 007 – 864 King Street West - No Concerns
4) A 2025 – 008 – 1035 Ottawa Street North - No Concerns
5) A 2025 – 009 – 775 Queen Street South - No Concerns
6) A 2025 – 010 – 180 Ahrens Street West - No Concerns
7) A 2025 – 011 – 86 Florence Avenue (retained) - No Concerns
8) A 2025 – 012 – 86 Florence Avenue (severed) - 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.
Document Number: 4880325
28935
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4880325
January 31, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:Kitchener - 86 Florence Avenue - B 2025-004 and B 2025-005
Date:Thursday, January 30, 2025 1:51:51 PM
Hello,
We are in receipt of your Application for Consent, B 2025-004 and B 2025-005 dated 2025-01-23. 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.
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications@HydroOne.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@HydroOne.com