HomeMy WebLinkAboutDSD-2025-046 - A 2025-011, 012, B 2025-004, 005 - 86 Florence Avenue
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