HomeMy WebLinkAboutCA Agenda - 2025-03-18
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 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 2
DATE OF REPORT: February 26,2025
REPORT NO.: DSD-2025-100
SUBJECT: Minor Variance Application A2024-096
165 Fairway Road North
RECOMMENDATION:
That Minor Variance Application A2024-096 for 165 Fairway Road North requesting
relief from the following Sections of Zoning By-law 2019-051:
i) Section 5.3.3 b) i) to permit the required parking to be located in the front
yard, whereas the by-law does not permit parking in the front yard;
ii) Section 5.6 a) to permit a parking requirement of 0.6 parking spaces per
dwelling unit (20 parking spaces) instead of the minimum required 1 parking
space per dwelling unit (30 parking spaces) and 0.1 visitor parking spaces per
dwelling unit (3 parking spaces) instead of the minimum required 0.15 visitor
parking spaces per dwelling unit (5 parking spaces);
iii) Section 7.3, Table 7-6, to permit a northerly interior side yard setback of 0
metres and a southerly interior side yard setback of 1.8 metres instead of the
minimum required 3 metres;
iv) Section 7.3, Table 7-6, to permit a rear yard setback of 0.1 metres instead of
the minimum required 7.5 metres;
v) Section 7.3, Table 7-6, to permit a Floor Space Ratio of 0.72 instead of the
maximum permitted 0.6;
vi) Section 7.3, Table 7-6, to 11 dwelling units in the ground floor level units do
not have a patio area adjacent to the dwelling unit with direct access to such
dwelling unit; and
vii) Section 5.10 b), to permit loading space to be 5.0 metres from the abutting
residential zone instead of the minimum required 7.5 metres;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
to facilitate the conversion of an existing industrial building with a front yard
addition to a multiple dwelling with 30 dwelling units, generally, in accordance with
Site Plan Application SP24/047/F/AA, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
conversion of an existing industrial building with a front addition to a multiple dwelling
with 30 dwelling units. The application was previously considered at the November
th
19, 2024, Committee Meeting and deferred to allow the applicant to work with staff
on finalizing the Conditional Site Plan Approval SP24/047/F/AA.
The key finding of this report is that minor variances meet the 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the Centreville Chicopee neighbourhood north of King
Street East on Fairway Road North.
Figure 1: Location Map
Figure 2: Zoning Map
The subject property is identified as a Urban Structure and
--law 2019-
051.
The purpose of this application is to facilitate the conversion of an existing industrial
building, with a front addition, into a multiple dwelling with 30 residential units.
The building was initially constructed as a single detached dwelling, with an industrial
addition added later. In 2019, a Site Plan Application (SP19/018/F/TS) was submitted to
convert the building into a multiple dwelling with a total of 7 units, which received
onditional Approval. As part of this process, a Minor Variance Application was required
to recognize the existing setbacks and allow parking spaces at the front of the building.
Although the minor variances were approved, the Site Plan Application did not proceed
further.
In 2024, the site was purchased by a new owner who applied for a site plan application to
convert the building into a 33-unit multiple dwelling. It received Redlined Conditional
Approval, with comments highlighting the need to enhance site functionality and provide
more livable units by increasing amenity areas that align with the Urban Design
Guidelines. This approval was issued to meet the municipality's 60-day timeline for either
redlined conditional approval or conditional approval. However, staff continued working
with the applicant to address significant concerns related to site overdevelopment,
including insufficient indoor and outdoor amenity space, reduced parking, and setback
limitations. Following the redlined conditional approval, a minor variance application was
submitted but, due to these ongoing concerns, staff recommended Deferral of the
application on November 19, 2024, and the Committee of Adjustment agreed
Following the ongoing communication with the applicant, the applicant revised the
increasing amenity space, and relocating Class A bicycle parking inside the units to create
more landscaped open space beside the front parking lot. The revised proposal now
includes 30 units and larger private patios for some ground-floor units, which has generally
The requested variances are:
to permit a parking reduction to 23 parking spaces instead of the minimum required
35 parking spaces and for the parking spaces to be located in the front yard;
to permit reduced side yard and rear yard setbacks;
an increased Floor Space Ratio; and
to allow some of the ground floor dwelling units not to have a private patio, and
to allow the loading space to be closer to the abutting lot than required.
Figure 3: Updated Site Plan
st
Staff have visited the site on Friday, November 1, 2024.
Figure 4: Front of the Existing Building
Figure 5: An image Showing Existing Side yard Setback
Figure 6: An Image Showing Existing View of The Proposed Parking Lot
Figure 7: An Image Showing the Subject Property from Fairway Road 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 property is designated Low Rise Residential
contains a number of policies related to density in low-rise residential areas. The Low Rise
Residential land use designation accommodates a full range of low-density housing types,
including single detached dwellings, duplex dwellings, semi-detached dwellings, street
townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple
dwellings and special needs housing.
Setbacks: The existing setbacks reflect a longstanding condition that has functioned
without issues over an extended period. The proposed conversion of the building from
industrial to residential use enhances compatibility with the surrounding area's residential
nature. It aligns with the Official Plan's intent to support residential uses within this
designation.
Parking: Policy 13.C.8.6 states that the City may consider adjustments to parking
requirements for properties within an area or areas, where the City is satisfied that
adequate alternative parking facilities are available, where developments adopt
transportation demand management (TDM) measures or where sufficient transit exists or
is to be provided. Transportation staff have reviewed the parking study, which
recommends that the site has comprehensive TDM measures. Transportation staff have
no concerns with this reduction.
Loading space Location: The loading space is situated closer to the abutting residential
lot than required; however, it will be adequately buffered by the mandated visual barrier
and landscaping, minimizing potential impacts on adjacent properties.
Floor Space Ratio: Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR) of 0.6.
However, site-specific increases up to a maximum FSR of 0.75 may be considered, where
it can be demonstrated that the increase in the FSR is compatible. The revised proposal
now includes 30 dwelling units with a reduced front addition footprint, allowing for
increased amenity space and landscaping. This revision results in a lower overall density,
aligning more closely with the intent of the Official Plan by enhancing site functionality and
compatibility with the surrounding area.
Private patio: Policy 15.D.3.3 states the City will apply design principles in accordance
with the Urban Design Policies in Section 11. An emphasis will be placed on adequate and
appropriate amenity areas, and landscaped areas will be provided on-site. The revised
proposal includes private patios for four ground-floor units and increased landscaped and
amenity areas. These enhancements better align with the intent of the Urban Design
Policies, improving site livability and overall design quality.
Considering the above, staff are of the opinion that the variances meet the general intent
of the Official Plan
General Intent of the Zoning By-law
Setbacks: the intention of the setback requirement in the zoning by-law is to ensure that
the property has space for walkway, amenities, circulation, parking, pathways and
separation from the street and abutting lots. The requests for legalizing, the side yards and
rear yard all recognize an existing situation. The building was used at one point as a tool
and die shop; however, its use has ended. The building has existed for several years with
no negative impact on the surrounding neighbourhood, and the applicant has advised that
thebuilding will continue to exist as is.
Parking location: The requested minor variance to permit the required parking to be
located between the front façade and the front lot line recognizes an existing situation. The
zoning requirement to not allow parking between the front façade and the lot line, is to
buffer from the street. The proposed parking lot is setback approximately 4.8 metres from
the front lot line with an additional road widening area, providing a sufficient buffer from the
street. Besides, landscaping opportunities can help mitigate the visual impact on the
streetscape, maintaining a balance between functionality and urban design goals. Given
that this layout reflects the existing conditions, the minor variance supports a reasonable
use of the property without compromising the intent of the zoning bylaw to limit front yard
parking.
Parking reduction: The intent of the requirement for 1 parking space per dwelling unit
and 0.15 visitor spaces per dwelling unit is to ensure adequate parking for residents and
visitors. The proposal seeks a reduction to 0.6 parking spaces per dwelling unit (20 spaces
total) and 0.09 visitor spaces per dwelling unit (3 spaces total). A parking study was
submitted to support this reduction and was reviewed by Transportation Services staff,
who have no concerns regarding the proposed rate. Additionally, the property is well-
served by active transportation options nearby, and sufficient bicycle parking is available
to encourage alternative transportation methods. Staff are of the opinion that the proposed
parking rate adequately meets the needs of the future residents and aligns with the intent
of the zoning by-law.
Loading space Location: The Zoning By-law requires a minimum 7.5 metre setback
between a loading space and abutting residential properties to provide an adequate buffer.
This setback is intended to mitigate noise impacts, enhance safety, and maintain the
character of the surrounding neighbourhood. The proposed loading space is located 5.0
metres from the abutting residential lot, and the property will have a visual barrier on the
common lot line, providing additional separation. The space will primarily be used for
Molok waste collection, which typically occurs once or twice a week, and for occasional
moving trucks, which are infrequent in residential areas. Given the limited use of the
loading space, potential impacts on adjacent properties will be minimal.
Private Patio: The intent of the required private patio is to ensure that each unit has
enough private amenity space to enhance residents' quality of life. Common amenity
space is also essential as it promotes well-being, fosters community, and allows residents
to enjoy outdoor environments. The revised proposal better aligns with this intent by
incorporating private patios for four ground-floor units and increasing access to dedicated
outdoor spaces. Additionally, the site provides more common amenity areas and additional
landscaped green space, enhancing overall livability.
Floor Space Ratio: The 0.6 Floor Space Ratio (FSR) is a regulation in the Zoning By-law
intended to ensure that development is compatible in scale and form with other low-rise
housing types in adjacent properties. The revised proposal reduces the front addition
footprint and decreases the overall number of units, resulting in a more balanced built
form. These changes help mitigate potential impacts on neighboring properties while
ensuring the development remains in keeping with the surrounding residential context.
Based on the above, staff is off the opinion that the variances meet the general intent of
the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variances' effects are considered minor as they do not significantly
negatively impact adjacent properties, the surrounding neighbourhood, or the overall
function of the site. Appropriate mitigation measures, such as enhanced landscaping,
buffering, and design modifications, have been incorporated to minimize potential impacts.
Given these considerations, the variances represent a reasonable adjustment that
supports the efficient use of land, with some minor variances.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variances are desirable for the appropriate development and use of the
land, building, and/or structure as they allow for a functional and efficient design of the
existing structure while maintaining compatibility with the surrounding context. The
proposed modifications support the efficient use of land as a multiple dwelling building that
Environmental Planning Comments:
No environmental comments or concerns.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances provided building permit
for the change of use of the existing industrial building into a residential building is
obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
Park planning concerns including required park dedication as cash in lieu of land will be
addressed through SP24/047/F/AA.
Transportation Planning Comments:
Transportation Services has no concerns with this application.
The Region of Waterloo Comments:
No concerns.
Enova comments:
The builders/developers will need to maintain the minimum clearances as outlined in
comments.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This report has been posted to the
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional inform
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
DSD-19-217
DSD-2024-473
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
October30, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting November 19, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 090 – 386 Wake Robin Crescent – No concerns
2) A 2024 - 091 – 32 Burgetz Avenue – No concerns
3) A 2024 - 092 – 34 Burgetz Avenue – No concerns
4) A 2024 - 093 – 36 Burgetz Avenue – No concerns
5) A 2024 - 094 – 38 Burgetz Avenue – No concerns
6) A 2024 - 095 – 29 The Crestway – No concerns
7) A 2024 - 096 – 165 Fairway Road North –No concerns
8) A 2024 - 097 – 593 Ephraim Street – No concerns
9) A 2024 - 098 – 153 Eighth Avenue – No concerns
10) A 2024 - 099 – 165 Courtland Avenue East – No concerns
11) A 2024 - 100-103 – 100-106 St. George Street – No concerns
12) A 2024 - 104 – 70 Rutherford Drive – No concerns
13) A 2024 - 105 – 74 Rutherford Drive – No concerns
14) A 2024 - 106 – 73 Fourth Avenue – No concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
Document Number: 4815124
815124
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4815124
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
November 4, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting November 19, 2024
Applications for Minor Variance
A 2024-090386 Wake Robin CrescentA 2024-098153 Eighth Avenue
A 2024-09132 Burgetz AvenueA 2024-100100-106 St. George Street
A 2024-09234 Burgetz AvenueA 2024-101100-106St. George Street
A 2024-09336 Burgetz AvenueA 2024-102100-106 St. George Street
A 2024-09438 Burgetz AvenueA 2024-103100-106 St. George Street
A2024-09529 The CrestwayA 2024-10470 Rutherford Drive
A 2024-096165 Fairway Road NorthA 2024-10574 Rutherford Drive
A 2024-097593 Ephraim StreetA 2024-10673 Fourth Avenue
Applicationsfor Consent
B 2024-02962 Fourth AvenueB 2024-034 & B 2024-03570 & 74
B 2024-030630 Benninger DriveRutherford Drive
B 2024-031829 Stirling Avenue SouthB 2024-03673 Fourth Avenue
B2024-032& B 2024-03375 Otterbein
Road
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications.
GRCA has no objection to the approval of the above applications.The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley
slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission
from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:Ricardo Ruiz
To:Committee of Adjustment (SM)
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review – March 18, 2025 Meeting
Date:Friday, February 28, 2025 11:53:06 AM
Attachments:11111.pdf
Hi Connie,
Enova’s only concern with the recent Committee of Adjustment Applications is for 93-95
Kinzie Ave & 165 Fairway Rd N. The builders/developers will need to maintain the minimum
clearances as outlines by Enova’s attached drawing.
Thanks,
Ricardo Ruiz (he/him) C.E.T. | Distribution Design Supervisor
____________________________________________________________________________
Office Number: 226-896-2200 Ext. 6304
Mobile Number: 519-497-6221
ricardo.ruiz@enovapower.com
www.enovapower.com
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: February 21, 2025 4:13 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review – March 18, 2025
Meeting
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, March 18, 2025, have been loaded and circulated through
ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA@kitchener.ca no later than 12 noon on Monday, March 3, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.ca
This correspondence is directed in confidence solely to the addressees listed above. It may
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 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 2
DATE OF REPORT: February 24, 2025
REPORT NO.: DSD-2025-090
SUBJECT: Minor Variance Application A2025-013 - 160 Grand River Blvd.
RECOMMENDATION:
That Minor Variance Application A2025-013 for 160 Grand River Boulevard
requesting relief from Section 11.3, Table 11-2, of Zoning By-law 2019-051 to permit
an accessory building to be located 2.3 metres from the west side lot line and 5.1
metres from the south side lot line instead of the minimum required 7.5 metres to
recognize the location of an existing accessory shed proposed to be used for
storage of snow clearing and yard maintenance materials and equipment in
accordance with Site Plan Application SP24/039/G/AA, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to recognize an
accessory building to be located closer to the lot line than required
The key finding of this report is that variances meet the 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the Centreville Chicopee neighbourhood north of King
Street East and east of Marrison Road.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map of the Subject Property
Figure 2: Zoning Map of The Subject Property
The subject property is identified as sUrban Structure and
Neighbourhood InstitutionalZone (INS-1-law 2019-
051.
The purpose of this application is to recognize an existing 12-square-metre shed that was
shed placement resulted
in non-compliance with the required setbacks, as the property abuts a low-rise residential
zone.
The site currently contains a place of worship (church) with an associated religious school
and has recently gone through improvements through two site plan applications. Site Plan
Application SP23/052/G/AA proposed the construction of a storage garage behind the
main building and updated water service, which has received conditional approval. The
most recent Site Plan Application SP24/039/G/AA seeks to recognize the existing front
fence, deep well waste collection area, and shed.
Although the shed is too small to require a building permit, it must comply with the zoning
by--rise residential zone, the
minimum required yard setback is 7.5 metres. The shed, however, is located 5.1 metres
from the south lot line and 2.3 metres from the west side lot line, resulting in the need for a
minor variance.
th
Planning staff went to a site visit on February 28, 2025
Figure 3: Picture of The Storage Shed in Relation to the Abutting Residential
Property
Figure 4: Front Photo of The Subject Property with The Minor Variance Sign
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 Official Plan, under Section 15.D.7, states that the institutional use of land designation
is intended for community or regional institutional uses, such as secondary and post-
secondary educational facilities, long-term care facilities and social, cultural and
administrative facilities. This land use designation also includes small-scale institutional
uses compatible with surrounding uses such as public and private elementary schools,
libraries, daycare centres, and places of worship.
Additionally, Section 11.C.1.33(c) of the Official Plan refers to the minimization of adverse
impacts on site, onto adjacent properties (mainly where sites are adjacent to sensitive land
uses)
The proposed shed is intended for institutional use to store salt for the winter. It is
relatively small, measuring 12 square metres and approximately 3.0 metres in height.
Furthermore, a fence along the property line helps mitigate any visual impact on adjacent
properties. Given these factors, the proposed minor variance maintains the intent of the
Official Plan.
General Intent of the Zoning By-law
The subject property is zoned Neighbourhood Institutional, which permits institutional
uses, including places of worship and associated accessory structures. The Zoning By-law
setback requirements intend to ensure compatibility with adjacent properties, minimize
land use conflicts, and maintain an appropriate separation between buildings and property
lines. The minimum yard setback abutting a lot with a low-rise residential zone is 7.5,
which preserves adequate separation, reduces visual impact, and maintains privacy for
neighbouring residential properties.
The proposed accessory structure is relatively small (12 square metres) and has a height
of approximately 3.0 metres. Although it is located 5.1 metres from the south lot line and
2.3 metres from the west lot line, its impact is minimized considering its small size and the
nature of the use for salt storage, which does not generate noise. In addition to the
required fence between the subject property and the residential zone, it provides a visual
barrier to mitigate the negative impact. Based on the above, Planning staff is of the opinion
that the requested variance is appropriate and meets the general intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
The shed is a small accessory structure (12 square metres, 3.0 metres in height) with a
limited visual and functional impact on adjacent properties. The existing fence helps
salt storage does not generate noise or other
disturbances. Therefore, 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 proposal allows for the efficient operation of the institutional use by providing a
dedicated storage space for salt necessary for winter maintenance on the property.
Therefore, staff is of the opinion that the variance is desirable and appropriate for the use
of the land.
Environmental Planning Comments:
Tree Management was addressed through the Site Plan Application
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 provided a building permit
for the detached garage is obtained prior to construction. Please contact the Building Division
at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns
Parks and Cemeteries/Forestry Division Comments:
No concerns
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
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 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 10
DATE OF REPORT: March 5, 2025
REPORT NO.: DSD-2025-123
SUBJECT: Minor Variance Application A2025-014 51 Meadowridge St.
RECOMMENDATION:
That Minor Variance Application A2025-014 for 51 Meadowridge Street requesting
relief from Section 4.14.4 d) of Zoning By-law 2019-051 to permit a deck, greater
than 0.6 metres in height, to be setback from the rear lot line 2.5 metres instead of
the minimum 4 metres and to permit the deck to be located 0.5 metres from the side
lot line instead of the minimum required 2.5 metres, to recognize an existing deck
on a townhouse dwelling unit, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the minor variance application to permit a deck
to be to be setback from the rear lot line 2.5 metres instead of the minimum 4 metres
and to permit the deck to be located 0.5 metres from the side property line instead of
the minimum required 2.5 metres.
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 Meadowridge Street, near South Creek
Drive and Thomas Slee Drive, in the Doon South neighbourhood.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Location of subject property (outlined in RED)
Community Areas Urban Structure and is
Low Rise Residential Land Use in
Low Rise Residential Five Zone (RES-5-law 2019-
051.
The purpose of the application is to recognize the setbacks of the existing deck. The deck
is already built, so approval of this application would bring the existing deck into
compliance.
Figure 2 Site Plan showing existing deck.
Planning Staff conducted a site visit on February 28, 2025.
Figure 3 Front of subject property.
Figure 4 View of deck from rear yard facing southwest.
Figure 5 View of deck from rear yard facing south.
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. The use of the property and deck are permitted with the
land use designation. The variance to recognize the location of the existing deck will
maintain the general intent of the Official Plan.
General Intent of the Zoning By-law
Section 4.14.4 of Zoning By-law 2019-051 states that a deck must be located minimum of
4 metres from the rear lot line and must meet the side yard setbacks required for the
dwelling in the applicable zone. Section 7.3, Table 7-4 states that the minimum interior
side yard setback is 2.5 metres for a street townhouse dwelling in a Low Rise Residential
Five Zone.
The purpose of requiring minimum side yard setbacks in the rear and side yards is to
provide privacy, ensure appropriate access, and to avoid encroachment onto neighbouring
properties. There is a barrier between the deck and neighbouring property which can
mitigate privacy concerns from the reduced side yard setback. The rear yard backs onto
green space, so there are no privacy concerns with the reduced rear yard setback. There
is a 2.5 metre side yard setback on the northerly side of the deck which provides sufficient
access to the rear yard. Staff observed no encroachment onto neighbouring properties.
Therefore, the proposed variance maintains the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff have not observed any significant or adverse impacts related to the existing deck.
Reconstructing the deck to bring it into compliance with the Zoning By-law could cause
more significant impacts than permitting the zoning deficiencies in the existing deck.
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 deck provides an amenity area for the townhouse unit which enhances the use of the
rear yard. Therefore, the proposed variance is desirable and appropriate for the use of the
land.
Environmental Planning Comments:
The subject property backs onto the Groh Scenic Heritage Corridor, a trail buffered on
either side with trees and vegetation. Care should be taken when working in the rear yard
not to negatively impact adjacent trees or vegetation.
Heritage Planning Comments:
No concerns. However, the applicant is advised that the subject property is located
adjacent to the Groh Drive Cultural Heritage Landscape.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
application has been made for the rear yard deck.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns.
Transportation Planning Comments:
No concerns.
GRCA Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Andrew Pinnell, Senior Planner, 519-783-8915
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: March 5, 2025
REPORT NO.: DSD-2025-112
SUBJECT: Minor Variance Application A2025-015 - 1180 Union Street
RECOMMENDATION:
That Minor Variance Application A2025-015 for 1180 Union Street requesting relief
from the following Sections of Zoning By-law 85-1:
i) Section 5.3, to permit a parking space and driveway to be located in the Corner
Visibility Triangle (7.5 metres by 7.5 metres), whereas the Zoning By-law does
not permit parking spaces and driveways in this location; and
ii) Section 6.1.1.1 b) iv) to permit a driveway to be located 7.4 metres from the
intersection of street lines instead of the minimum required 9.0 metres;
to facilitate the development of a 1.1 metre wide unobstructed walkway to a dwelling
unit in the existing building, generally in accordance with the Proposed Site Plan,
prepared by Bobicon Ltd., dated January 12, 2025, as modified, and as attached to
Report DSD-2025-112, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of variances for relief from the
Corner Visibility Triangle regulation and driveway setback to intersection regulation, to
facilitate the development of a 1.1 metre wide unobstructed walkway to a dwelling unit
in the existing building
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 at the northwest corner of Union Street and Maple Avenue,
in the North Ward Planning Community. The property contains a dwelling, constructed as
a single detached dwelling in approximately 1949. The rear yard of the property is
approximately 18.4 metres deep and a large portion of the rear yard is within a depression
that is approximately 1.3 metres below the grade of Maple Avenue.
The lands to the west, on Union Street, contain mainly low density residential uses, while
the property immediately to the north contains a 3-storey multiple dwelling. The lands to
the east and southeast are used for industrial purposes.
Community Areas Urban Structure of the
Low Rise C in the North Ward
R-5) with Special Use
-law 85-1 (only)
Figure 1: Subject Property (outlined in red).
In August 2024, the Committee conditionally approved Consent Application B2024-022 to
sever a parcel of land with frontage on Maple Avenue, for the purposes of constructing a
Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached) on the
Severed Lot.
The Retained Lot contains an existing Single Detached Dwelling, which is proposed to be
modified to contain an ADU (Attached) and has approximate frontage on Union Street of
12.6 metres, a frontage on Maple Avenue of 22.4 metres, a depth ranging between 12.6
metres and 14.4 metres, and an area of 302.6 square metres.
In addition, the Committee approved associated Minor Variance Application A2024-067
which grants relief for the Retained Lot from Section 39.2 of Zoning By-law 85-1:
a) to permit a corner lot width of 12.6 metres instead of the minimum required 15
metres,
b) to permit a westerly side yard setback on one side of the dwelling where there is a
driveway of 2.9 metres instead of the minimum required 3.0 metres,
c)to permit a side yard setback abutting Maple Avenueof 3.2 metres instead of the
minimum required 4.5 metres and
d) to permit a rear yard setback of 2.8 metres instead of the minimum required 7.5
metres.
The purpose of the latter Minor Variance Application was to recognize the existing dwelling
at 1180 Union Street, on the Retained Lot.
As of the date of the subject report, all conditions related to Consent Application B2024-
022 have been cleared and the deed has been endorsed. However, staff does not know
whether the Severed Lot has been created yet. Also, the existing dwelling is currently
under renovation, as shown in Figure 2.
Figure 2: Photo of existing dwelling, taken from the intersection of Union Street and
Maple Avenue.
Following approval of the above noted applications, it was determined that further relief is
required to construct the required 1.1-metre-wide unobstructed walkway on the Retained
Lot, from the sidewalk on Union Street to the principal entrance on west side of the
existing building. Development and Housing Approvals Division has paid the
Minor Variance Application fee to account for this additional variance. In this regard, the
owner is now requesting further relief from the following Sections of Zoning By-law 85-1,
via the subject application:
i) Section 5.3, to permit a parking space and driveway to be located in the Corner
Visibility Triangle (7.5 metres by 7.5 metres), whereas the Zoning By-law does not
permit parking spaces and driveways in this location; and
ii) Section 6.1.1.1 b) iv) to permit a driveway to be located 7.4 metres from the
intersection of street lines instead of the minimum required 9.0 metres.
For the purposes of this report, it should be noted that the Zoning By-law 85-1 definition of
triangular area formed within a corner lot by the
intersecting street lines or the projections thereof and a straight line connecting them 7.5
metres from their point of intersection.
Development and Housing Approvals (DHA) staff visited the site on February 27, 2025.
REPORT:
Planning Comments:
In considering the four tests for 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 Parking section of the 2014 Official Plan outlines the following applicable policy:
13.C.8.4. All parking areas or facilities will be designed, constructed and
maintained:b) for the safe and efficient movement of all users, on the site, and at
points of ingress and egress related to the site.
In this regard, DHA staff is of the opinion that the 0.05 metre encroachment of a parking
space and driveway into the Corner Visibility Triangle (CVT) and reduced setback of the
driveway to the intersection of Maple Ave / Union St is acceptable for all users, based on
with the driveway as it would
not impact the CVT
Policy 13.8.2.1 of the (Low Rise Conservation A) of the North Ward Secondary Plan
states, that, Permitted uses are restricted to single detached dwellings, duplex dwellings,
semi-detached dwellings, lodging houses, small residential care facilities, home
businesses, and private home day care.
facilitate a permitted use along with the added benefit of an Additional Dwelling Unit
(Attached).
DHA staff is of the opinion that the requested variances meet the general intent of the
Official Plan.
General Intent of the Zoning By-law
The intent of the CVT regulation is to allow motorist, pedestrian, and cyclist visibility across
a site from one street to another, at an intersection. The purpose ofthe driveway setback
to an intersection is to ensure sufficient buffering and visibility at an intersection.
It should be noted that under the applicable By-law 85-1, a CVT is 7.5 metres by 7.5
metres. However, if the subject property was under By-law 2019-051 (majority of the of the
city), the requirement would be 7 metres by 7 metres \[see Section 4.5 d)\]. Ultimately, it is
anticipated that By-law 2019-051 will be applied in this area in the coming years. In this
case, since the CVT encroachment is only 0.05 metres under by-law 85-1, the property will
fully comply when By-law 2019-051 is implemented in this location.
Moreover, it should be noted that under the applicable By-law 85-1, on a corner lot, an
access driveway shall not be located closer than 9.0 metres to the intersection of the
street lines abutting the lot. However, if the subject property was under By-law 2019-051,
the related regulation no driveway, or parking space shall be
located within the front yard for a distance of 7 metres from the exterior side lot line
\[see Section 5.4i)\]. In this case, since the distance to the intersection is 7.4 metres, the
property will fully comply when By-law 2019-051 is implemented in this location.
As stated above, Twith the driveway as it would
not impact the CVT Adequate visibility and buffering are provided to and from the
intersection.
DHA staff is of the opinion that the requested variances meet the general intent of the
Zoning By-law.
Are the Effects of the Variances Minor?
DHA staff is of the opinion that the requested variances are minor since they are not
anticipated to cause unacceptably adverse impacts on adjacent properties or to users of
abutting municipal sidewalks or roads. As aforementioned, Transportation Services has
with the driveway as it would not impact the CVT and adequate visibility and
buffering are provided to and from the intersection.
Are the Variances Desirable for the Appropriate Development or Use of the Land, Building
and/or Structure?
DHA staff is of the opinion that the requested variances are desirable. Through the
dwelling modifications to add an ADU (Attached) and related Consent Application B2024-
022, the subject variances will help facilitate appropriate, gentle intensification within an
established neighbourhood and will assist in providing much needed housing during the
present housing crisis. Moreover, the variance will permit a 1.1 metre wide unobstructed
walkway for fire fighting purposes to be constructed through the interior side yard and front
yard to Union Street. This walkway alignment may present less complications than
constructing the walkway through the rear yard and exterior side yard to Maple Avenue.
Environmental Planning Comments:
As part of the related, conditionally approved Consent Application in 2024 (Application
B2024-022), a condition was required for the owner to enter into an agreement with the City
on both the Severed Lot and Retained Lot to require a Tree Preservation / Enhancement
Plan and to implement the Plan, prior to grading, servicing, tree removal, or issuance of
building permits. Development and Housing Approvals staff advises that this agreement has
been registered.Current and future landowners are advised that the preparation of Tree
Preservation / Enhancement Plan and to implement the Plan, prior to grading, servicing, tree
removal, or issuance of building permits.
Heritage Planning Comments:
No concerns. However, the applicant is advised that the subject property is located
adjacent to the Union Street Cultural Heritage Landscape.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit has
already been issued for the change of use to a duplex.
Engineering Division Comments:
Engineering has no concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services have no concerns with the driveway as it would not impact the
CVT under the 2019-051 zoning by-law.
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 site with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on th
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
North Ward Secondary Plan (1994 Official Plan)
2014 Official Plan
Zoning By-law 85-1
DSD-2024-366
ATTACHMENTS: Attachment A Proposed Site Plan, prepared by Bobicon Ltd., dated
January 12, 2025, as modified
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Brian Bateman, Senior Planner, 519-783-8905
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: March 4, 2025
REPORT NO.: DSD-2025-128
SUBJECT: Minor Variance Application A2025-016 45-53 Courtland
Avenue East
RECOMMENDATION:
That Minor Variance Application A2025-016 for 45-53 Courtland Avenue East
requesting relief from the following sections of Zoning By-law 85-1:
i) Appendix D, Special Regulation Provision 786R, to permit a Floor Space Ratio
(FSR) of 2.8 instead of 2.4;
ii) Appendix D, Special Regulation Provision 786R, to permit a rear yard setback
of 18 metres instead of 19 metres;
iii) Appendix D, Special Regulation Provision 786R, to permit a maximum building
height, excluding roof top mechanical equipment from 21 metres to 28 metres;
to facilitate the development 8-storey multiple dwelling having 95 dwelling units, in
accordance with Site Plan Application SP23/034/C/BB, revised dated June 6, 2024,
BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to assess a technical request to vary By-law 85-1 in
advance of By-law 2019-051 for Growing Together Zoning coming into full force and
effect that would allow this development proposal as of right.
Due to an appeal of the Growing Together Zoning to the Ontario Land Tribunal, the
developer is unable to move forward to final approvals and thus requires minor
variances to Zoning By-law 85-1 as the property is affected by two zoning by-laws.
The key finding is that staff are recommending approval as the request meets the 4
tests of a Minor Variance under the Planning Act.
There are no financial implications.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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:
In 2023, Council approved Official Plan Amendment (OPA 125) and Zoning By-law
Amendment (By-law 2023-033) to allow for the infill re-development of a 6 storey, 65-unit
multiple dwelling.
Since those approvals in 2023, the City advanced the implementation of the Growing
Together project that introduced Strategic Growth Area policy designations and zoning.
The subject lands were redesignated Strategic Growth Area A and zoned Strategic
Growth Area 2 (SGA-2). The new zoning framework permits an 8 storey building with no
parking requirements or maximum Floor Space Ratio. Following Council approval of
Growing Together, the site plan was updated to align with the SGA-2 zoning. The site plan
now shows 8 storeys and 95 units on essentially the same building footprint and same
amount of parking (see Figure 1). Unfortunately, the ZBA intended to implement the
Growing Together zoning, was appealed to the OLT and is not yet in effect. Therefore, the
subject lands are dual zoned under 85-1 and By-law 2019-051 pending the approval of
Growing Together zoning by the OLT.
As additional building height, FSR and a minor reduction in the rear yard setback (19
metres to 18 metres) do not align with the 85-1 zoning as amended, the owner is asking
for minor variances keeping in mind once Growing Together is in effect, the variances will
no longer be required as the new zoning will allow the changes as-of-right. The applicant
wishes to advance the request now given the uncertainty of timing around OLT approvals,
which is delaying final approvals. Should the appeals be resolved prior to
decision, then the owner will withdraw his application.
The property is designated
is dual Mixed Use Two Zone with Special Regulation Provision 786 (MU-2, 786R
in Zoning By-law 85-1 --law
2019-51.
The purpose of the application is to seek relief from MU-2, Special Regulation Provision
786R of Zoning By-law 85-1 as follows:
1. An increase in the maximum permitted Floor Space Ratio (FSR) from 2.4 to 2.8, or
alternatively that no maximum FSR be applied given the removal of a maximum FSR
in the SGA-2 zone;
2. A reduction in the rear yard setback from 19 metres to 18 metres; and,
3. An increase in maximum permitted building height excluding rooftop mechanicals
from 21 metres to 28 metres.
-
Figure 1 - Conditionally Approved Site Plan
Staff conducted a site visit on February 28, 2025.
Figure 2 Photo of the Subject Property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The new land use designation under City-initiated Official Plan Amendment OPA
49 allows for low to medium density buildings up to 8 storeys in height, no FSR limit or no
parking required because it is located within a Protected Transit Station Area. OPA 49 was
not appealed and is in full force and effect.
Accordingly, the general intent of the Official Plan is maintained.
General Intent of the Zoning By-law
The intent of the Zoning By-law is maintained as the SGA-2 zoning once in effect will
allow for 8 storeys and no FSR as-of-right. As such, the request to vary the height and
FSR is technical in nature; the intent to provide for a mid-rise building is being maintained.
The rear yard setback reduction from 19 to 18 metres is due to an architectural design
detail that is needed for a ground-support for a balcony above the amenity space at
ground level. Because it is now ground-supported the setback is taken at ground-level
whereas if the balcony was not ground-supported, the setback is from the building. In the
opinion of staff, the intent of allowing providing an enhanced setback to Martin Street
properties is being maintained.
Is/Are the Effects of the Variance(s) Minor?
The effects are minor and technical in nature as the proposed variances reflect the
direction of the Council adopted Growing Together SGA-2 zoning while still providing
adequate separation from Martin Street properties as intended through the original
planning application that was approved in 2023.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are appropriate and desirable for the use of the land as the increase in
building height and FSR is in line with the Growing Together Planning Framework, and it
maintains a mid-
approved by Council in 2023. It will facilitate the development of additional dwelling units in
a Pr
Environmental Planning Comments:
No concerns.
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 45-53
Courtland Ave. E. is located within the Cedar Hill Neighbourhood CHL. The proposed
variances are not anticipated to have any major impacts on the cultural heritage value of
the Cedar Hill Neighbourhood. 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 variances. An application has been
made for the apartment.
Engineering Division Comments:
Engineering has no concerns.
Parks and Cemeteries/Forestry Division Comments:
All Parks concerns will be addressed through Site Plan Application SP23/034/C/BB.
Transportation Planning Comments:
No concerns.
Region
No comments.
GRCA
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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-laws 85-1 and 2019-051
DSD-2023-065
DSD-2024-128
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 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: March 5, 2025
REPORT NO.: DSD-2025-114
SUBJECT: Minor Variance Application A2025-017 1157 and 1175 Weber
Street East
RECOMMENDATION:
That Minor Variance Application A2025-017 for 1157-1175 Weber Street East
requesting relief from the following sections of Zoning By-law 2019-051:
i) Section 8.3, Table 8-2, to permit a minimum street line stepback for mid-rise
buildings and tall buildings of 1.8 metres instead of the minimum required 3
metres;
ii) Section 8.3, Table 8-2, to permit a minimum ground floor street line façade
width as a percent of the width of the abutting street line of 35% along Franklin
Street North instead of the minimum required 50%;
iii) Section 8.3, Table 8-2, to permit a reduced minimum percent street line façade
openings of 25% along Weber Street East instead of the minimum required
50%; and,
iv) Section 19, Site Specific Provision 364, to permit a minimum amount of non-
residential gross floor area on the ground floor of 210 square metres instead of
the minimum required 376 square metres;
to facilitate the development of the subject property with an 11-storey building,
having 233 dwelling units, and 210 square metres of non-residential floor space, in
accordance with Site Plan Application SP24/095/W/EW, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make recommendations regarding the
Minor Variance Application for 1157-1175 Weber Street East.
The key finding of this report is that the variances meet the four tests of the Planning
Act and approval is recommended.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
There are nofinancial 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 at the southeastern corner of the intersection of Weber
Street East and Franklin Street South in the central area of the City. The subject property
is comprised of two lots, being 1157 and 1175 Weber Street East. These lots had
previously operated as a car dealership and are now vacated. Highway 8 is adjacent to the
south of the subject property and is grade separated. A bridge over the highway is
available on Franklin Street South.
The Urban Corridor Urban Structure and is
Mixed Use
Mixed Use Three ZoneSite-Specific Provision (364)
Zoning By-law 2019-051.
FIGURE 1: THE SUBJECT PROPERTY ZONING
FIGURE 2: THE SUBJECT PROPERTY (VIEW FROM FRANKLIN STREETS)
The purpose of the application is to facilitate the redevelopment of the subject property for
an 11-storey building, having 233 dwelling units, and 210 square metres of non-residential
floor space, in accordance with Site Plan Application File SP24/095/W/EW. A Zoning By-
law Amendment Application was approved for the property in 2023, permitting a two-tower
concept of 15 and 19 storeys. Since that time, the owner has revised their plan to an 11-
storey purpose-built rental building, requesting four variances to permit the new design.
Revision to variance request for the Minimum Amount of Non-Residential Floor Area:
In the agenda and notice for this application, the variance regarding the minimum floor
amount of non-residential gross floor area is listed as 290 square metres. This is an error,
and should be 210 square metres, as reflected in the onditionally Approved site plan for
the subject property (file SP24/095/W/EW). During the review of the proposal through the
Site Plan Approval process, the building design consisted of three commercial units at-
grade. As the design was refined, three commercial units was a mainstay of the building.
Although less floor area is now proposed, it remains spread across three commercial
units.
As this revision does not propose a new variance to a different provision and the principle
effect of the variance remains the same (being floor space allocated to three commercial
units), deferral and re-circulation of the application is not required in this instance.
FIGURE 3: PROPOSED DEVELOPMENT RENDER (VIEW FROM INTERSECTION)
FIGURE 4: SITE PLAN
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The planned function of Urban Corridors is to provide for a range of retail and
commercial uses and intensification opportunities that should be transit-supportive. The
objectives of the Mixed Use land use designations are to, amongst others:
To achieve an appropriate mix of commercial, residential and institutional uses on
lands designated Mixed Use.
To retain and support a viable retail and commercial presence within lands
designated Mixed Use by protecting and improving existing commercial uses and
allowing for new appropriately scaled commercial uses that primarily serve the
surrounding areas.
To ensure that development and redevelopment of lands within lands designated
Mixed Use implement a high standard of urban design.
The first three variances are architecture and design related in nature and implement the
high standard of urban design called for in the Mixed Use designation. The fourth
variance, although requesting a lower minimum of non-residential floor area, continues to
provide commercial space across three units, following the intent of the Mixed Use
designation.
The variances will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Minimum street line stepback for mid-rise buildings and tall buildings
Regarding the request for a 1.8 metre stepback where 3 metres is required, the intent of
this provision is to ensure a pedestrian scale development with distinguishable lower and
upper elements. An increased setback along Weber Street East and additional stepbacks
at the upper levels of the building contribute to this differentiation and meet the intent of
this provision.
Minimum required ground floor street line façade width as a percent of the width of the
abutting street line
The location of Highway 8 at the southern end of the subject property results in a 14 metre
wide set back area where no development (or integral building function) is permitted, as
per the Ministry of Transportation. The total frontage length of the subject property along
Franklin Street South (the frontage impacted by this setback) is roughly 70 metres,
meaning that the proposed building must be at least 35 metres long to meet the Zoning
By-law requirement. Considering the need to provide access to parking areas and
landscaping and other site elements to achieve high quality urban design, the 35 metre
building length is a challenge to feasibly design. The intent of the provision is to ensure a
positive relationship with the streetscape. As currently designed, the proposed building will
achieve a positive relationship to the streetscape through their 44% façade width mixed
with landscaping amenities.
The variance regarding the minimum percent façade openings is to permit the design of
the Weber Street East frontage. This frontage consists largely of residential units, and as
such, the opening along this façade are not as prevalent when compared to a commercial
unit façade. The varied patio and architectural elements along this frontage contribute to a
façade with visual interest, avoiding blank wall conditions that may otherwise be present
where a variance to façade openings is requested.
Minimum amount of non-residential gross floor area
The requirement for minimum floor area for non-residential uses is implemented by a site-
specific provision, approved as part of the previous Zoning By-law Amendment Application
for the subject property. This provision was established to ensure that an adequate
amount of floor space area for commercial uses was maintained for a property zoned for
mixed use. As indicated above, the approval of the Zoning By-law Amendment was based
on a site plan that proposed 443 dwelling units through a two-tower design. As the
proposal has been reduced in scale considerably, the non-residential/commercial space
provided has been similarly reduced. The 233 dwelling units now proposed results in an
overall loss of 48% from the previously approval. The requested reduction to minimum
non-residential floor area (376 square metres down to 210) is a reduction of 45%.
The variances will maintain the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Assessing if the effect of a variance is minor is typically done by determining the impact of
the variances on the surrounding area. The first three variances, being largely design
oriented, will have minimal impact on the surrounding area. The proposed design
continues to provide smaller-scale commercial units in keeping with the Zoning By-law
Amendment approval.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variances are desirable and appropriate for the development of the land as
they facilitate the development of a mixed-use building with a strong street presence,
architecture interest, and mix of commercial uses.
Environmental Planning Comments:
No environmental comments or concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits
for the mixed-use building is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks and Cemeteries/Forestry Division Comments:
All Parks concerns will be addressed through SP24/095/W/EW.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region Comments:
No concerns.
GRCA Comments:
GRCA has no objection to the approval of the above application. 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 advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:
Attachment A Site Plan
Attachment A Site Plan
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 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 10
DATE OF REPORT: March 5, 2025
REPORT NO.: DSD-2025-099
SUBJECT: Minor Variance Application A2025-018 60 Wellington St. N.
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2025-018 for 60 Wellington Street North
requesting relief from the following sections of Zoning By-law 85-1:
i) Section 5.3 to permit a building to be located in the Driveway Visibility Triangle
(DVT) whereas the Zoning By-law does not permit any obstructions in the DVT;
and
ii) Section 5.5.2 b) and Section 39.2.1 to permit an accessory structure to have a
lot coverage of 17.4% instead of the maximum permitted 15%;
to facilitate the construction of a new accessory building in the rear yard of the
subject property, generally in accordance with drawings submitted with Minor
Variance Application A2025-018, BE APPROVED.
Zoning By-law 2019-051
That Minor Variance Application A2025-018 for 60 Wellington Street North
requesting relief from Section 4.1 d) and Section 7.3, Table 7-2, of Zoning By-law
2019-051 to permit an accessory structure to have a lot coverage of 17.4% instead
of the maximum permitted 15% to facilitate the construction of a new accessory
building in the rear yard of the subject property, generally in accordance with
drawings submitted with Minor Variance Application A2025-018, 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 the minor variance application to permit an
accessory building to be located in the Driveway Visibility Triangle and to have a lot
coverage of 17.4% to facilitate the construction of a new accessory building in the rear
yard of the subject property.
The key finding of this report is that the minor variances meet the 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Wellington Street, between Moore
Avenue and Waterloo Street, in the Mount Hope Huron Park neighbourhood.
Figure 1 Location of subject property (outlined in RED)
Protected Major Transit Station Area
Strategic Growth Area A Land Use in the
Residential Five Zone (R-5-law 85-1. It is also zoned
-1)under Zoning By-Law 2019-051. The property is subject
to the requirements of both Zoning By-Laws 85-1 and 2019-051 while the new SGA zones
are under appeal.
The purpose of the application is to facilitate the construction of a new accessory structure
in the rear yard. The rear yard backs onto a laneway which is used to access rear garages
and driveways. The new accessory structure would be facing the laneway. The existing
shed would be demolished.
Figure 2 - Site Plan showing proposed accessory structure.
Figure 3 Rear elevation of proposed accessory structure.
Planning staff conducted a site visit on February 28, 2025.
Figure 4 Front of 60 Wellington Street North.
Figure 5 Rear of 60 Wellington Street North viewed from rear laneway.
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
-
Plan. Strategic Growth Area land use designations are applied within Protected Major
Transit Station Areas and are intended to facilitate intensification and the development of
complete communities. The SGA-A land use designation is the least intensive of these
designations and is intended to accommodate intensification within low-rise residential
neighbourhoods.
The proposed accessory structure will provide slight intensification to the property while
maintaining the low rise residential character of the neighbourhood. Therefore, the
proposed variances maintain the general intent of the Official Plan.
General Intent of the Zoning By-law
Driveway Visibility Triangle
Section 5.3 of Zoning By-Law 85-1 states that no obstructions to visibility are permitted in the
driveway visibility triangle. Further, Section 5.3 states that the purpose of this regulation is to
The proposed accessory structure is proposed to face a rear laneway, which is only subject
to traffic from homeowners accessing rear garages and driveways. Staff are of the opinion
that traffic on the laneway would not be negatively impacted by the proposed accessory
structure.
Further, Zoning By-Law 2019-051 does not require a DVT in Strategic Growth Area zones.
When the SGA-1 zoning is implemented and the previous zoning is phased out, this variance
would not no longer be required. Therefore, the variance regarding the Driveway Visibility
Triangle meets the general intent of both Zoning By-Laws.
Lot Coverage
Section 5.5.2 b) and Section 39.2.1 of Zoning By-Law 85-1 state that the maximum lot
coverage for an accessory structure is 15 percent. Section 4.1.d) and Section 7.3, Table 7-2
of Zoning By-Law 2019-051 also state this. The purpose of implementing a maximum lot
coverage for accessory structures is to ensure sufficient open space on the property and to
ensure the accessory building is secondary in size to the primary dwelling.
Sections 5.5.1c) and d) of Zoning By-law 85-1 and Section 4.1c) of Zoning By-law 2019-051
state that 0.6 metres is the minimum side and rear yard setback for an accessory structure.
The proposed accessory structure meets these setback requirements. As well, a 1.1 metre
setback is proposed on the easterly side of the accessory structure which can provide
improved access to the rear yard. Section 39.2.1 of Zoning By-law 85-1 further states that the
maximum lot coverage in total for a lot is 55 percent, which the property complies with.
Therefore, the variance regarding lot coverage meets the general intent of both Zoning By-
Laws.
Is/Are the Effects of the Variance(s) Minor?
The proposed accessory structure will be built in the rear yard facing a laneway, resulting
in minimal impacts to the laneway and no impacts to the streetscape. The accessory
structure is not anticipated to have any significant impacts on neighbouring properties.
As well, the proposed accessory structure will replace an existing accessory structure and
paved parking area. Staff do not anticipate any significant or negative impacts arising from
the obstruction of the driveway visibility triangle or the increased lot coverage. Therefore,
the effects of the proposed variances are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances will facilitate the construction of the proposed accessory structure, which
will replace a smaller existing accessory structure to provide additional garage and storage
space for the property. The proposed accessory structure is also similar to others that
have been constructed along the laneway. Therefore, the proposed accessory structure is
desirable and appropriate for the use of the land.
Environmental Planning Comments:
No comments.
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 60
Wellington Street North is located within the Mount Hope/Breithaupt Neighbourhood CHL.
The proposed accessory structure in the rear yard is not anticipated to have any major
impacts on the cultural heritage value of Mt. Hope/Breithaupt Neighborhood. As such, staff
have no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the detached garage.
Engineering Division Comments:
Engineering has no comment.
Parks and Cemeteries/Forestry Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services have no concerns with this application due to poor visibility under
existing conditions. The Applicant is encouraged to offset their building further from the
laneway to improve visibility.
Metrolinx Comments
The subject property is located within 300m of the Metrolinx Guelph Subdivision which
Advisory Comments
As the requested variances have minimal impact on Metrolinx property, Metrolinx has
no objections to the specified variances should the committee grant approval.
The Proponent is advised of the following:
metres railway corridor zone of influence and as such is advised that Metrolinx and its
assigns \]and successors in interest has or have a right-of-way within 300 metres from
the subject land. The Applicant is further advised that there may be alterations to or
expansions of the rail or other transit facilities on such right-of-way in the future
including the possibility that Metrolinx or any railway entering into an agreement with
Metrolinx to use the right-of-way or their assigns or successors as aforesaid may
expand or alter their operations, which expansion or alteration may affect the
environment of the occupants in the vicinity, notwithstanding the inclusion of any noise
and vibration attenuating measures in the design of the development and individual
lots, blocks or units.
GRCA Comments
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
mailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1 and Zoning By-law 2019-051
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
th
To:Committee of Adjustments, City of Kitchener –March 18, 2025, Hearing
From:Adjacent Developments GO Expansion and LRT –Third Party Projects Review -Metrolinx
th
Date:February 28, 2025
Re:A2025-018–60WellingtonStreetNorth,Kitchener
Metrolinx is in receipt of the Minor Variance application for 60 Wellington Street North, Kitchener, to
permit an accessory building that obstructs the driveway visibility triangle and would result in a lot
coverage of 17.4%. Metrolinx’s comments on the subject application are noted below:
The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries
Metrolinx's Kitchener GOTrain service.
Advisory Comments:
As the requested variances have minimal impact on Metrolinx property, Metrolinx has no objections
to the specified variances should the committee grant approval.
The Proponent is advised of the following:
Warning:The Applicant is advised that the subject land is located within Metrolinx’s 300
metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns
and successors in interest has or have a right-of-way within 300 metres from the subject land.
The Applicant is further advised that there may be alterations to or expansions of the rail or
other transit facilities on such right-of-way in the future including the possibility that Metrolinx
or any railway entering into an agreement with Metrolinx to use the right-of-way or their
assigns or successors as aforesaid may expand or alter their operations, which expansion or
alteration may affect the environment of the occupants in the vicinity, notwithstanding the
inclusion of any noise andvibration attenuating measures in the design of the development
and individual lots, blocks or units.
Should you have any questions or concerns, please do not hesitate to contact the undersigned.
Best regards,
JennaAuger(She/Her)
Third Party Projects Review (TPPR)
Development & Real Estate Management
T: (416)-881-0579
10 Bay Street | Toronto | Ontario | M5J 2N8
1
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 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 9
DATE OF REPORT: March 5, 2025
REPORT NO.: DSD-2025-129
SUBJECT: Minor Variance Application A2025-019 114 Madison Ave. S.
RECOMMENDATION:
That Minor Variance Application A2025-019 for 114 Madison Avenue South
requesting relief from the following Sections of Zoning By-law 85-1:
i) Section 6.1.2 b) vi) A) to permit one (1) visitor parking space at a rate of 0.1
visitor parking spaces per dwelling unit, instead of the minimum required two
(2) visitor parking spaces at a rate of 0.15 visitor parking spaces per dwelling
unit;
ii) Section 40.6 to permit a side yard setback of 1.5 metres instead of the minimum
required 2.5 metres; and
iii) Section 40.6 to permit a Floor Space Ratio of 1.58 instead of the maximum
permitted Floor Space Ratio of 0.6;
to permit a 10 unit multiple dwelling generally in accordance with drawings
prepared by Marius Ardelean Designer, dated February 18, 2025, BE APPROVED
subject to the following conditions:
1. That the Owner provides confirmation, to the satisfaction of the Director of
Engineering Services, that the existing services can support the proposed
additional demand prior to an application for a Building Permit being received. It
the demand cannot be supported, the Owner shall make an application through
the Off-Site works process, to the satisfaction of the Director of Engineering
Services.
2. That the Owner shall make an application for a Site Alteration Permit, to the
satisfaction of the Director of Engineering Services, prior to an application for a
Building Permit being received.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3. That the Owner acknowledge that any new driveways or widenings to existing
drivewaysare to be built to City of Kitchener standards andthat the Owner
confirms, , if an
application for a Curb Cutting/ Driveway widening permit is required prior to an
application for a Building permit being received.
4. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance with
Manager,
Site Plans and , and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
Demolition and/or 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 prio
Manager, Site Plans.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of a 10 unit residential multiple dwelling.
The key finding of this report is that the minor variances meet 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Madison Avenue South near the
intersection of Madison Avenue South and Courtland Avenue East.
Figure 1: Location Map: 114 Madison Avenue South
Protected Major Transit Station Area
Strategic Growth Area A Land Use in the
Residential Six Zone (R-6-law 85-1
Growth Zone (SGA--law 2019-051.
The purpose of the application is to review a minor variance application to permit a 10 unit
residential multiple dwelling. The applicant is proposing a 10 unit dwelling in the form of
townhouses. It should be noted that the SGAones are still under appeal and are not in
effect at the time of this report. If the new zoning was in effect none of the minor variances
within this report would be required and the proposed building would meet the zoning
regulations as of right.
Given the uncertainty of when the SGA zone will come into effect, the applicant is
requesting variances to Zoning By-law 85-1 in order to commence development as soon
as is possible.
Figure 2: Proposed Site Plan
Figure 3: Current site conditions 114 Madison Ave. S.
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
Area land use designation is generally intended to accommodate intensification within
existing predominantly low-rise residential neighbourhoods. The designation also
accommodates a range of low and medium density residential housing types including
those permitted in the Low Rise Residential and Medium Rise Residential land use
designations. Staff is of the opinion that the variances meet the general intent of the
Official Plan.
General Intent of the Zoning By-law
Parking
The intent of the minimum parking regulations is to ensure that there is enough parking
within the property for residents and their visitors. The reduction of parking results in one
less parking space provided on site. Each unit will have their own private garage for
parking a vehicle and there will be one barrier free accessible visitor space on the
property. Further, the forthcoming SGA zoning does not require a minimum parking rate
as the SGA-1 area is defined to be close to alternative transit options within the City. The
property is also suppling the approved bicycle parking rates as outlined within the new
Zoning By-law for the Protected Transit Station Areas.
Side yard setback
The intent of the side yard setback is to ensure there is adequate separation and no
adverse impacts to the adjacent residential properties. The development will be setback
the required 1.5 metres that is within the new SGA-1 zoning. The reduction of 1 metre is
appropriate for the development and will still provide sufficient access and setback.
Floor Space Ratio
The intent of the maximum Floor Space Ratio is to ensure that developments are
appropriate in terms of massing, height and density on a property. The proposed new
SGA-1 zoning does not have a maximum Floor Space Ratio calculation within, and
buildings are subject only to height restrictions through the new zoning to ensure
developments are compatible within the neighbourhoods. The development is a 3 storey
building which is compatible within the surrounding community and the building will not
ne with the increase in FSR.
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 support a new residential development. The proposed variances are not
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 residential development within a
strategic growth area ahead of the appeal of the SGA Zones being resolved.
Environmental Planning Comments:
No natural heritage planning concerns.
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 114
Madison Avenue South is located within the Cedar Hill Neighbourhood CHL. The
proposed variances are not anticipated to have any major impacts on the cultural heritage
value of the Cedar Hill Neighbourhood. 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 variance provided building permits
for the 10 units residential building is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
That the Owner provides confirmation, to the satisfaction of the Director of Engineering
Services, that the existing services can support the proposed additional demand prior
to an application for a Building Permit being received. If the demand cannot be
supported, the Owner shall make an Application through the Off-Site Works
Process, to the satisfaction of the Director of Engineering Services.
That as this property is over 0.1 ha in size which triggers the Site Alteration By-
Law, the Owner shall make an Application for a Site Alteration Permit, to the
satisfaction of the Director of Engineering Services, prior to an application for a
Building Permit being received.
That the Owner acknowledges that any new driveways or widenings to existing
driveways are to be built to City of Kitchener standards and that the Owner confirms,
to the satisfaction of the Director of Engineering Services, if an application for a Curb
Cutting/Driveway Widening Permit is required prior to an application for a Building
Permit being received.
Parks and Cemeteries/Forestry Division Comments:
There is an existing City-owned street tree that will be impacted by the proposed
development. It is expected that all City owned tree assets will be fully protected to
City standards throughout demolition and construction as per Chapter 690 of the
current Property Maintenance By-law.
A revised plan should be submitted along with a Tree Protection and Enhancement Plan
(TPEP) showing full protection for the existing City tree to the Director of Parks and
Cemeteries. Grading and Servicing plans should accompany the Building Permit
submission.
Please clearly indicate the location of tree trunks, dripline and offsets to proposed fencing
and construction work zone. Securities for protected trees and/or compensation for
removed trees may be required. Clearance from the Director of Parks and Cemeteries for
the revised plan and approval of the Tree Protection and Enhancement Plan and Arborist
Report and any necessary compensation is required prior to the issuance of a
Demolition Permit or Building Permit
Parkland Dedication fees will be required for the new residential units to be paid prior to
the issuance of the Building Permit.
Transportation Planning Comments:
The driveway entrance and the drive aisle should provide a 6.0 metre minimum width
exclusively on the subject property to accommodate emergency service vehicles, unless
the southerly neighboring property would agree that any future development would share
the driveway access.
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-laws 85-1 and 2019-051
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 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 6
DATE OF REPORT: February 27, 2025
REPORT NO.: DSD-2025-093
SUBJECT: Minor Variance Application A2025-020 15 Palace Street
RECOMMENDATION:
That Minor Variance Application A2025-020 for 15 Palace Street requesting relief
from Section 5.5 c) of Zoning By-law 2019-051 to reduce the width of a bicycle space
to 0.45 metres instead of the minimum required 0.6 metres and to reduce the bicycle
parking overhead clearance to 1.2 metres instead of the minimum required 2.1
metres, to facilitate the minor revision to the bicycle parking of the proposed
development of the 8-storey multiple dwelling in accordance with the conditionally
approved Site Plan Application SP24/081/P/AA, BE APPROVED subject to the
following condition:
1.
Services of the final vendor/design of the bicycle parking racks to confirm their
functionality.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to reduce the
bicycle parking dimensions in the underground parking level of an eight-storey multiple
dwelling building currently under construction
The key finding of this report is that variances meet the 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 at 15 Palace Street, situated on a private street (Palace Street)
and located near the intersection of Elmsdale Drive and Ottawa Street South.
Figure 1: Location Map of the Subject Property
Figure 2: Zoning Map of the Subject property
The subject property is identified as a Urban Structure
, and
Specific Policy Area 31 applies to the subject lands.
Zone (MIX-
Zoning By-law 2019-051.
The subject property is currently being constructed to develop two eight-storey multiple
dwelling buildings comprising 266 residential units, per the approved Site Plan Application
SP21/038/P/CD.
A previous Minor Variance Application (A2022-061) was approved to reduce the required
parking rate for the development and to increase the maximum building height.
Following the approvals, the applicant filed a Stamp Plan B Application (SP24/081/P/AA)
for minor revisions to the approved site plan, including adjustments to the location of visitor
parking, EV parking, and bicycle parking. These modifications have resulted in the bicycle
parking being accommodated within a smaller locker space, leading to overlapping bicycle
racks that do not meet the minimum dimensions required by the Zoning By-law. (Figures 3
and 4)
The purpose of this minor variance application is to review and approve the reduction in
bicycle parking width and overhead clearance to align with the revised site conditions.
Bicycle parking width to be 0.45 metres instead of 0.6 metres.
Bicycle parking overhead to be 1.2 metres instead of 2.1 metres.
Figure 3: The Required Bicycle Parking Minimum Dimension
Figure 4: The Proposed Bicycle Parking Configuration
th
Planning staff visited the site on February 28, 2025
Figure 5: A photo of the subject building is under construction
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The subject property is designated Mixed Use with Specific Policy Area 31 in the City of
mixed use land use designation provides for a broad range
of commercial, retail, institutional and residential uses at different scales and intensities.
The Intent of Site Specific Policy Area 31 is to allow for redevelopment of the underutilized
brownfield property to become a new mixed use focal point in the community. Site Specific
Policy Area 31 contemplates mid-rise residential developments on the site up to 8 storeys
in height, as well as a variety of office, retail, convenience and service-oriented uses that
serve the day-to-day needs of the surrounding neighbourhood.
The proposed construction of two 8-storey multiple dwellings with reduced bicycle parking
dimensions meets the intent of the official plan as it provides the required bicycle parking
that is functional to support the use. Planning staff is of the opinion that the requested
variances are appropriate
General Intent of the Zoning By-law
The minimum bicycle parking dimension in the zoning by-law intends to ensure that
bicycle parking spaces are functional, accessible, and accommodate safe spaces without
obstruction. Although the proposed reduction in bicycle parking dimensions does not
comply with the minimum requirements, the applicant has demonstrated that the modified
layout can still accommodate bicycles in an organized manner while maintaining
accessibility and usability for residents. (As per figure 4) Transportation Services staff will
review the final vendor/design of the bicycle parking racks to confirm their functionality.
Additionally, the revised bicycle parking arrangement remains consistent with intent of
promoting active transportation by ensuring that secure and designated bicycle parking
spaces are provided on-site. Given that the proposed modification allows for the efficient
use of space while maintaining the functional intent of the By-law, the requested variances
meet the general intent and purpose of the zoning by-law.
Is/Are the Effects of the Variance(s) Minor?
The variances do not compromise the usability of the bicycle parking area, nor do they
negatively impact the resid Therefore, the
variances are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances does not negatively impact the development's functionality or accessibility.
The proposed bicycle parking configuration continues to provide a secure and organized
storage solution for residents, ensuring that alternative transportation options remain
viable. Based on that, the proposed variance represents an appropriate and desirable
adjustment that aligns with the development's intent and the efficient use of the property.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances.
Engineering Division Comments:
No comments.
Parks and Cemeteries/Forestry Division Comments:
No Concerns
Transportation Planning Comments:
As a condition of the reduction in dimensions, City staff must approve the final
vendor/design of the bicycle parking racks to confirm their functionality.
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
Minor Variance A2022-061
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 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 2
DATE OF REPORT: March 4, 2025
REPORT NO.: DSD-2025-115
SUBJECT: Minor Variance Application A2025-021 2880 King Street East
RECOMMENDATION:
That Minor Variance Application A2025-021 for 2880 King Street East requesting
relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051, to permit a parking
requirement of 27 parking spaces instead of the minimum required 44 parking
spaces, to recognize the parking configuration for the existing building on the
subject property, BE DEFERRED to the September 16, 2025 Committee of
Adjustment Meeting, or sooner, to allow the Applicant time to complete a Parking
Justification Study, to the satisfaction of the Director of Transportation Services.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to recognize the
parking configuration and supply for the existing building on the subject property.
The key finding of this report is that Staff are unable to determine whether the
variance would meet the four tests in the absence of a Parking Justification Study.
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 re
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on King Street East where it merges into Weber Street
East and intersects with the Highway 8 access. It is in the Centreville Chicopee
neighbourhood which is comprised of commercial and residential uses.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map 2880 King Street East(Outlined in Red)
The subject property is Urban Structure and is
General Commercial(COM-2-law 2019-051.
The purpose of the application is to recognize the existing parking supply for the existing
building on the subject property which will allowthecontinued operation of businesses.
In the Zoning By-law 85-1 Section 6.1.2(a), the multi-unit parking requirement is 1 parking
space per 22 square metres. Thisrequired 27 parking spaces for the site,and it was
provided for and approved as a part of the Site Plan Application in November 25, 1991. As
perZoning By-law 2019-051 has come into effect, the multi-unit parking rate applies only
to amaximum of 30% of total restaurant useaccording to Section 5.6, table 5-5 (3) a.
(3)The following shall only apply to a multi-unit building or multi-unit development with
a gross floor area of 1,000 square metres or less where the multi-unit parking rate
applies:
a.Restaurant and health clinic shall each only be permitted to use the multi-unit
parking rate up to a maximum of 30 percent of the gross floor area of the
multi-unit building or multi-unit development. Parking space requirements for
additional gross floor area shall be in accordance with the individual rate
identified in Table 5-5;
Any additional restaurant space beyond this threshold of 30% must meet the restaurant
parking requirement, which is 1 parking space per 7.5 square metres.
Since a new restaurant is being proposed on the site, the overall parking requirement has
increased under the current Zoning By-law beyond what has been functioning under the
approved existing plan from 1991. This increase is due to the maximum 30% of the total
restaurant use to be calculated at a multi-unit parking rate and the remaining restaurant
use to be calculated under individual restaurant use parking rate, which requires more
parking than the multi-unit parking rate.
Below is a breakdown of the parking calculation:
There are 5 units in the building.
A Restaurant 152.3 m²
B Retail 81 m²
C Retail 84.79 m²
D Proposed restaurant 106.8 m²
E Restaurant 175.11 m²
Total retail use: (81 m² + 84.79 m²) = 165.79m²
Total restaurant use: (600 m² - 165.79m²) = 434.21 m²
The maximum 30% of the building GFA which is 180m² of restaurant and 165.79m² non-
restaurant Unit B and C qualifies for the multi-unit rate.
Multi-Unit Rate:
(180m² restaurant + 165.79m² non-restaurant unit B and C) ÷ 35 m² = 10 spaces
Remaining restaurant area that exceeds the 180m² multi-unit threshold
434.21 m² - 180 m² = 254.21 m²
Individual rate for the remaining
(254.21 m² ÷ 7.5 m²) = 33.89 (round up to 34 spaces)
Total Parking Calculation
-Unit Rate: 10 spaces
remaining restaurant space: 34 spaces
Total: 10 + 34 = 44 spaces
Under the previous Zoning By-law 85-1 parking regulations, on which the site was
originally built, increased parking requirements would not have applied.
Due to site constraints, there is insufficient space to provide the required number of
parking spaces required by Zoning By-law 2019-051 Section 5.6, table 5-5 (3) a. As a
result of the increased parking requirement, due to the addition of a new restaurant use
and insufficient space, the applicant is seeking a minor variance to recognize the existing
parking supply.
Notice of Minor Variance Application
Upon further review of the parking requirements and discussion with Transportation
Planning staff, it was determined that based on the proposed new restaurant use in the
building, the parking requirement is in fact 44 parking spaces and not the 35 parking
spaces that was advertised. No further notice is deemed to be required as the request to
recognize 27 parking spaces has not changed.
The applicant has submitted site plan application SPB24/097/K/AS and it is currently
under review. Through the review of the Minor Variance Application, a Parking Justification
Study has been requested by Transportation Services staff. The Site Plan Application will
be put on hold until such time as the Minor Variance Application is considered.
Figure 2: Site Plan in Accordance with SPB24/097/K/AS
Planning Staff conducted a site visit on February 27, 2025
Figure 3: Existing Site Conditions as of February 27, 2025
REPORT:
Planning Comments:
In accordance with the comments of Transportation Services Staff below, Planning staff is
recommending a deferral of Minor Variance Application A2025-021 for 6 months, or
sooner, to allow the Applicant time to prepare a Parking Justification Study.
Environmental Planning Comments:
No comments or concerns.
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
No comments or concerns.
Engineering Division Comments:
No comments or concerns.
Parks and Cemeteries/Forestry Division Comments:
No comments or concerns.
Transportation Planning Comments:
City Transportation Staff recommends a Parking Study is prepared by the Applicant to
support the application. Based on a high-level internal review of expected parking
demand, City Transportation Staff expect that the expected parking demand will be unable
to be accommodated within the site and the demand may be greater than the by-law
requirement.
It is noted that in multi-unit commercial buildings, a lower parking supply can be
accommodated as the various functions will have peak parking demands at different times.
rant. Therefore, the
site does not need to accommodate the total peak parking demands of each use at the
same time.
However, restaurants generate very large traffic volumes and have a greater parking
demand per square metre compared to other land uses. If the building is primarily
occupied by restaurant land uses, the restaurant parking rate should be applied so parking
can be sufficiently accommodated on site.
Due to the interconnected nature of the site with adjacent private developments, City
Transportation staff advise that any excess parking demand is currently/may be burdened
by adjacent developments in the near term. In the future, if the adjacent properties
redevelop or in a dispute, access to these spaces may not be possible. While excess
parking can be accommodated on Centreville Street, visitors new to the site may not be
familiar with how to access the roadway unless they are familiar with the area.
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 the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
ebsite or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 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 5
DATE OF REPORT: March 5, 2025
REPORT NO.: DSD-2025-077
SUBJECT: Minor Variance Application A2025-022 25 Haldimand Street
RECOMMENDATION:
That Minor Variance Application A2025-022 for 25 Haldimand Street requesting
relief from the following sections of Zoning By-law 85-1:
i) Section 6.1.1.d) i) to permit parking between the façade and the front lot line
whereas parking is not permitted in this location;
ii) Section 6.1.2 a) to permit a parking requirement of 52 parking spaces instead
of the minimum required 53 parking spaces;
iii) Section 6.1.2. b) vi) A) to permit a visitor parking requirement of 6 spaces
instead of the minimum required 8 visitor parking spaces; and,
iv) Section 42.2.1 to permit a Floor Space Ratio (FSR) of 0.55 whereas 0.6 is
required.
AND the following sections of Zoning By-law 2019-051:
i) Section 5.3.3. b) i) to permit parking in the front and exterior side yards
whereas parking is not permitted in these locations.
ii) Section 5.6. a), Table 5-5, to permit a parking requirement of 61 parking spaces
instead of the minimum required 72 parking spaces;
iii) Section 5.6. a), Table 5-5, to permit a visitor parking requirement of 6 visitor
parking spaces instead of the minimum required 11 visitor parking spaces;
iv) Section 5.6. a), Table 5-5, to permit a Class A bicycle parking space
requirement of 32 Class A bicycle spaces instead of the minimum required 36
bicycle spaces;
v) Section 5.6. a), Table 5-5, to permit an EV ready parking space requirement of 0
spaces instead of the minimum required 17 EV ready parking spaces;
vi) Section 19, Site-Specific Provision (251) to permit a Floor Space Ratio (FSR) of
1.0 whereas 0.75 is required; and,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
vii) Section 19, Site-Specific Provision (251) to permit a maximum building height
of 12 metres instead of the maximum permitted 11.5 metres.
to permit the development of the property located at 25 Haldimand Street in
accordance with Site Plan Application SPF24/094/F/EW, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make a recommendation regarding the
minor variance application for 25 Haldimand Street.
The key finding of this report is that the variances meet the four tests of the Planning
Act and approval is recommended.
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 in the southwestern area of the City, east of Fischer-
Hallman Road, bordered by Haldimand Street and Broadacre Drive. The subject property
is currently vacant and is part of the greater Wallaceton subdivision, being Phase 6 of the
development.
FIGURE 1: THE SUBJECT PROPERTY (PHOTO TAKEN FEBRUARY 28, 2025)
FIGURE 2: AERIAL VIEW OF THE SUBJECT PROPERTY
The subject property is uniquely positioned with roughly half of the property being within
the Rosenberg Secondary Plan area and Zoning By-law 85-1 (the western side of the
property), and the other half of the property being outside the Secondary Plan area and is
under Zoning By-law 2019-051 (the eastern side of the property).
The western side of the Urban Corridor on Map 2 Urban
Structure, Rosenberg Secondary Plan Community Structure Plan
and Medium Density Residential Two Map 22e Rosenberg Secondary
Land Use
FIGURE 3: OFFICIAL PLAN DESIGNATIONS (TOP LEFT: MAP 2, TOP RIGHT: MAP 3,
BOTTOM LEFT: MAP 22a, BOTTOM RIGHT: MAP 22e)
The western side of the subject Residential Eight Zone (R-8 425U,
467U, 67H, 737R-law 85-1, and the eastern side of the subject property is
zoned Zone (RES-5 (251), (252), (253)-law
2019-051.
FIGURE 4: ZONING
This dual zoning results in a number of variances being required to facilitate development,
as the provisions of each Zoning By-law are applied to the land they cover, regardless of
the subject property being a single parcel. For example, the western side of the subject
property is planned for 30 dwelling units. The R-8 zone in place on this area of the
subject property is then applied to just these 30 units (i.e. Parking requirements for 30
units, the Floor Space Ratio of these units, etc.).
FIGURE 5: SITE PLAN AND ZONING BY-LAW OVERALY
The purpose of the application is to facilitate the development of the subject property for
102 stacked townhouse units, in accordance with Site Plan Application file
SPF24/094/F/EW.
REPORT:
Planning Comments:
Due to the number of variances requested, and their need being almost entirely due to the
dual zoning of the subject property, the variances will be reviewed, where appropriate, in a
collective manner rather than one-by-one. 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
Considering the subject property as a whole, the parking arrangement proposed is
consistent with policy direction, being an adequate supply on a site wide basis and
generally located internal to the site and away from public view.
Two variances have maximums established in the Official Plan: Floor Space Ratio (FSR)
and building height. Policy 15.D.3.11 of the Official Plan states that within lands
designated Low Rise Residential, the maximum FSR is 0.75 and cannot be increased
without an Official Plan Amendment. This land use designation applies to only the eastern
half of the subject property. The western half of the subject property is designated Medium
Density Residential Two in the Rosenberg Secondary Plan, which establishes a minimum
FSR of 0.6 and maximum of 2.0. The eastern side of the subject property proposes an
FSR of 1.0, while the western side of the subject property proposes 0.55. Based on the
total site area and not the land use designations, the total FSR is 0.77.
comply with the FSR requirements of the respective land use designations; however, this
would likely be a detriment to the function of the site as a whole and design as a single
property. Considering the minimums and maximums of the two designations, the
requested 0.77 FSR across the entire site is an appropriate compromise of the 2.0 and is
in keeping with the general intent of the Official Plan.
Regarding building height, Low Rise Residential policy 15.D.3.12 establishes that no
building will exceed 3 storeys or 11 metres in height, with relief being considered on a site-
by-site basis. The subject property is subject to a site-specific provision (251) that permits
building heights of 11.5 metres. compatible with
the built form and physical character of the neighbourhoodThe proposed built form is
consistent with the other stacked townhouses located in the Wallaceton development and
is in general compatible with the single detached and street townhouse dwellings located
in the immediate area, which are also separated by a municipal road. The subject property
features a grade change upwards towards Fischer-Hallman Road, which will minimize
transition impacts on the existing heritage property adjacent to the subject property.
Overall, the requested variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Several of the variances requested are resolved when reviewing the site as a whole. For
example, although a variance is requested to provide zero EV ready spaces on the lands
zoned RES-5, the number of EV ready spaces required are provided on the land zoned
R-8.
If the subject property was entirely under Zoning By-law 85-1, two variances would be
required: a reduced parking rate where 1.5 parking spaces per dwelling unit would be
required and permitting parking between the façade and front lot line. If the subject
property was entirely under Zoning By-law 2019-051, three variances would be required:
building height, parking being permitted in the front and exterior side yard, and the
maximum FSR.
The consistent variances between the two Zoning By-laws is the location of parking; being
between the façade and front lot line or being in the front and exterior side yards. As this is
the only consistent variance, logically it would be the variance that may not be consistent
with the general intent of the Zoning By-laws.
The intent of these provisions is to keep parking areas internal to a site and away from
public view. The following figure outlines the parking spaces in question, with the red box
being Zoning By-law 81-5, and the blue box being Zoning By-law 2019-051. As illustrated,
Zoning By-law 85-1 land. Considering the entire proposed development, only a portion of
the parking space closest to the road would be between the façade and front lot line. Both
outlined areas meet the intent of parking being generally away from the public realm and
view.
FIGURE 6: LOCATION OF OFFENDING PARKING SPACES
Overall, the requested variances meet the general intent of the Zoning By-laws.
Is/Are the Effects of the Variance(s) Minor?
Although the number of variances may suggest that the application is not minor, the need
for the variances is largely technical in nature due to the dual zoning of the subject
property. A primary method to assess if variances are minor is to consider the impact on
nearby properties.
The subject property is part of a larger, comprehensively planned subdivision, featuring a
mix of single detached, street townhouse, and stacked townhouse dwellings. The built
form proposed and provisions thereof are consistent with those observed in the area. An
adequate amount of parking is provided and is generally internal to the subject property.
Considering the impact of the variances on a site wide basis, the effects of the variances
are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances facilitate the orderly development of the subject property, a vacant lot,
introducing a stacked townhouse development that implements the Official Plan. The
variances resolve a complicated land use framework that would feasibly require variances
for any development consistent with the Official Plan to occur.
The variances are desirable for the appropriate development and use of the subject
property.
Environmental Planning Comments:
No natural heritage in this part of DP 30T- 07205. Trees only pre-existed at the south p/l.
Several immature Wab / 1 hickory were approved for removal as part of the DVP for the
subdivision due to grading constraints. Trees on adjacent property to the south and on
1940 FH to west are to be protected.
Heritage Planning Comments:
The subject property is located adjacent to 1940 and 1970 Fischer Hallman Road, which
are both listed as non-designated properties of cultural heritage value or interest on the
Municipal Heritage Register. This property is subject to an active planning application
involving 1940 Fischer Hallman Road. Staff have no concerns regarding the requested
parking and FSR variances as no impacts to the adjacent heritage properties are
anticipated. With regards to the requested height variance, staff do not think there will be
an adverse impact to the adjacent heritage resources due to the topography of the
adjacent sites, and location and separation of the heritage resources. Further, the
proposed stacked town homes remain three storeys.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits
for the stacked townhouses are obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
Engineering has no comments.
Parks and Cemeteries/Forestry Division Comments:
All Parks concerns will be addressed through SPF24/094/F.
Transportation Planning Comments:
City Transportation staff are supportive of the variances regarding reductions to the
parking rate, Class A Bicycle Parking Spaces, Visitor Parking Space, and EV Ready
Spaces, conditional to the regularly required rate of Class A Bicycle Parking Spaces,
Visitor Parking Space, and EV Ready Spaces being provided in full on-site, rather than on
the land of their respective zoning category.
Region Comments:
No concerns.
GRCA Comments:
GRCA has no objection to the approval of the above application. 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
Official Plan (2014)
Zoning By-law 85-1 and 2019-051
ATTACHMENTS:
Attachment A Proposed Site Plan
Attachment B Site Plan with Zoning Overlay
ATTACHEMENT A PROPOSED SITE PLAN
ATTACHEMENT B SITE PLAN WITH ZONING OVERLAY
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Maitland Graham, Student Planner, 519-783-7879
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: March 5, 2025
REPORT NO.: DSD-2025-113
SUBJECT: Minor Variance Application A2025-023 140 Byron Avenue
RECOMMENDATION:
That Minor Variance Application A2025-023 for 140 Byron Avenue requesting relief
from Section 4.12.3 e) of Zoning By-law 2019-051 to permit an Additional Dwelling
Unit (Detached) to have a building footprint of 93.8 square metres instead of the
maximum permitted 80 square metres, to facilitate the addition of an Additional
Dwelling Unit (ADU)(Detached) to an existing Additional Dwelling (ADU)(Detached)
in the rear yard for a total of 4 dwelling units on the subject property, generally in
accordance with drawings prepared by Arcadia Home Design Ltd., January 31, 2025,
BE APPROVED, subject to the following conditions:
1. That the Owner provides confirmation, to the satisfaction of the Director of
Engineering Services, that the existing services can support the proposed
additional demand prior to an application for a Building Permit being received.
If the demand cannot be supported, the Owner shall make an Application
through the Off-Site Works Process, to the satisfaction of the Director of
Engineering Services.
2. That the Owner acknowledges that any new driveways or widenings to existing
driveways are to be built to City of Kitchener standards and that the Owner
confirms, to the satisfaction of the Director of Engineering Services, if an
application for a Curb Cutting/Driveway Widening Permit is required prior to an
application for a Building Permit being received.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application requesting an
Additional Dwelling (Detached) building footprint of 93.8 square metres rather than the
required 80 square metres.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The key finding of this report isthat the requested minor variance meets the four tests
of the Planning Act.
There are nofinancial 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
h the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Byron Avenue in the Vanier
neighbourhood, which is predominantly comprised of low rise detached dwellings
.
Figure 1 Aerial Photo of the Subject Property.
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 request relief from Section 4.12.3 e) of Zoning By-law
2019-051 to permit an Additional Dwelling (Detached) building footprint of 93.8 square
metres rather than the maximum required 80 square metres. Approval of the variance will
allow for the development of an Additional Dwelling Unit (Detached) for a total of four
dwelling units on the subject property.
Figure 2 Proposed Site Plan
Planning Staff conducted a site visit on February 25, 2025
Figure 3 Site Photo of 140 Byron Avenue
Figure 4 Existing rear yard where the Additional Dwelling (Detached) is proposed,
existing garage shown in photo will be removed.
Figure 5 Existing Additional Dwelling (Detached)
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
Land Use. The
intent of the Low-Rise Residential designation is to accommodate a diverse range of low-
rise housing types while maintaining the low-density character of the neighbourhood.
Official Plan policy 4.C.1.6. mentions that the City will identify and encourage residential
intensification and/or redevelopment, including adaptive re-use and infill opportunities,
including additional dwelling units, attached and detached, in order to respond to changing
housing needs and as a cost-effective means to reduce infrastructure and servicing costs
by minimizing land consumption and making better use of existing community
infrastructure. The requested increase in building footprint to facilitate the construction of
an additional dwelling unit, totalling four dwelling units on the subject property, identifies an
infill opportunity, promotes intensification and better use of existing infrastructure,
therefore maintaining the general intent of the Official Plan.
General Intent of the Zoning By-law
The purpose of the Additional Dwelling (Detached) building footprint requirement is to
ensure that the Detached ADU is secondary to the primary dwelling in size, new dwelling
units provide sufficient living space while remaining compliant with zoning by-law
regulations and maintaining sufficient amenity space on the property. Planning Staff is of
the opinion that the proposed 93.8 square metre footprint is a minor increase in footprint
size while still meeting other by-law regulations and maintaining adequate amenity space
in the rear side yard. In the opinion of Planning Staff, the requested variance to permit an
increase of Additional Dwelling (Detached) building footprint to facilitate the development
of a fourth dwelling unit on the property maintains the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Planning Staff is of the opinion that the requested variance of 93.8 square metres is minor,
as there is not significant increase in size beyond the required 80 square metres, the
proposed Additional Dwelling (Detached) will be replacing the footprint of an existing
accessory structure, and there are not any expected significant adverse impacts to the
character of the neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Planning Staff is of the opinion that the variance to increase the maximum building
footprint for Additional Dwelling (Detached) is appropriate for the desirable use of the
lands as it will facilitate a greater variety of dwelling units while maintaining the low-rise
residential character of the neighbourhood. Planning Staff also recognize that allowance of
the variance will contribute to the housing supply of the cityng
Pledge and is of good land use practices.
Environmental Planning Comments:
No environmental comments or concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits
for the addition to the existing detached ADU is obtained prior to construction. Please contact
the Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
That the Owner provides confirmation, to the satisfaction of the Director of Engineering
Services, that the existing services can support the proposed additional demand prior
to an application for a Building Permit being received. If the demand cannot be
supported, the Owner shall make an Application through the Off-Site Works
Process, to the satisfaction of the Director of Engineering Services.
That the Owner acknowledges that any new driveways or widenings to existing
driveways are to be built to City of Kitchener standards and that the Owner confirms, to
the satisfaction of the Director of Engineering Services, if an application for a Curb
Cutting/Driveway Widening Permit is required prior to an application for a Building
Permit being received.
Parks and Cemeteries/Forestry Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Grand River Conservation Authority Comments:
GRCA has no objection to the approval of the application. The subject property does not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The property is not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Region of Waterloo Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 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: March 4, 2025
REPORT NO.: DSD-2025-116
SUBJECT: Minor Variance Application A2025-024 507 Stirling Ave. S.
RECOMMENDATION:
A. Minor Variance Application A2025-024 507 Stirling Avenue South
That Minor Variance Application A2025-024 for 507 Stirling Avenue South
requesting relief from the following sections of Zoning By-law 2019-051:
i) Section 4.1 d), to permit an accessory structure to have a building height, to
the underside of the fascia, of 4 metres instead of the maximum permitted 3
metres;
ii) Section 7.3, Table 7-2, to permit a lot coverage of 18% instead of the maximum
permitted 15%;
to facilitate the construction of a new accessory building and Additional Dwelling
Unit (ADU)(Detached) in the rear yard of the subject property generally in
accordance with drawings prepared by KS Consulting & Design, dated January 30,
2025, BE APPROVED, subject to the following conditions:
1. That the Owner provides confirmation, to the satisfaction of the Director of
Engineering Services, that the existing services can support the proposed
additional demand prior to an application for a Building Permit being
received. If the demand cannot be supported, the Owner shall make an
Application through the Off-Site Works Process, to the satisfaction of the
Director of Engineering Services.
2. That the Owner acknowledges that any new driveways or widenings to existing
driveways are to be built to City of Kitchener standards and that the
Owner confirms, to the satisfaction of the Director of Engineering Services, if
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
an application for a Curb Cutting/Driveway Widening Permit is required prior to
an application for a Building Permit being received.
3. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance
necessary, implemented prior to any grading, servicing, tree removal or
the issuance of Demolition and/or 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 of
B. Minor Variance Application A2025-024 507 Stirling Avenue South
That Minor Variance Application A2025-024 for 507 Stirling Avenue South
requesting relief from the following section of Zoning By-law 2019-051:
i) Section 4.12.3 n) to permit a required unobstructed walkway of 1.1 metres to
share a driveway whereas the by-law does not permit this;
to facilitate the construction of a new Additional Dwelling Unit (ADU)(Detached) in
the rear yard of the subject property generally in accordance with drawings
prepared by KS Consulting & Design, dated January 30, 2025, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit the
construction of a new accessory building and Additional Dwelling Unit
(ADU)(Detached) in the rear yard
The key finding of this report is that two of the three requested minor variances meet
all four tests of the Planning Act. The variance for the shared unobstructed walkway
and the driveway does not meet 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
agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north-east side of Stirling Avenue South and Lorne
Avenue. It is in the Southdaleneighbourhood which is primarily comprised of low-rise
residential uses.
Figure 1: Location Map 507 Stirling Avenue South (Outlined in Red)
Community AreasUrban Structure and is
designated Rise Residential
--law 2019-
051.
The purpose of the application is to review a minor variance application to facilitatethe
construction of a new accessory building and Additional Dwelling Unit (ADU)(Detached) in
the rear yardof the subject property.The applicant is seeking three variances:
1.The requested variance to permit a1.1 metre wide shared walkway is to provide
accessto the ADUover the driveway. Planning staff advised the applicant to relocate
the walkway to the other side of the primary dwellingto meet zoning requirements.
Despite the advice, the applicant indicated that they wanted to proceed with the minor
variance application to avoid relocating the air conditioner and gas meterin this side
yard.
2.The variance to permit 4 metres fascia height is requested to accommodate the
height of the proposed accessory building.
3.The variance to permit a lot coverage of 18% is to facilitate the construction ofboth
the ADU and the accessory building as the combined lot coverage exceeds the
permitted lot coverage.
Variance for 4m fascia height
Figure 2: Requested Variance for Accessory Building
Figure 3: Rear Elevation of Proposed Structures
Figure 4: Left Elevation of Proposed Structures
Figure 5: Right Elevation of Proposed Structures
Figure 6: Floor Plan of Proposed Structures
Variance for1.1m shared walkway
Figure 7: Requested Variances SitePlan
Planning Staff conducted a site visit on February 27, 2025
Figure 8: Existing Site Conditions as of February 27, 2025
Figure 9: Proposed Shared Walkway and Driveway (West Side)
Figure 10: East Side Interior Side Yard
Figure 11: Rear Yard of the Property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
Variance for the Walkway
Urban Design Policies 11.C.1.14 and 11.C.1.15
emphasize community and site design to prioritize efficient emergency response, fire
prevention and public safety.
11.C.1.14. Where feasible and in compliance with the other policies of this Plan,
the City will ensure that the efficiency of emergency medical, fire, and
police services be considered in the design of communities,
neighbourhoods and individual sites.
11.C.1.15. Development applications will be reviewed to ensure that they are
designed to accommodate fire prevention and timely emergency
response.
Also, the Urban Design Manual prioritize pedestrian safety by mitigating potential
conflicts with pedestrians and vehicles. The proposed 1.1 metre walkway is proposed to
be shared with the driveway will not be unobstructed and may block emergency services
access. Given this potential conflict, this variance will not meet the intent of the Official
Plan.
Variances for the Accessory Building Fascia Height and Lot Coverage
This
land use designation places emphasis on compatibility of building form with respect to
massing, scale, and design in order to support the successful integration of different
housing and building types. The proposed accessory building use of the property conforms
to the land use designation and is a desirable addition to a residential property. It is the
opinion of staff the requested variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
Variance for the Walkway
The general intent of the Zoning By-law requiring unobstructed walkway is to ensure safe,
accessible, and efficient movement for occupants of the ADU and emergency services can
access the site efficiently. This includes ensuring that pathways are clear of physical
obstacles, such as parked vehicles, debris, or structures, so people can walk freely without
risk of injury. The provided walkway is not unobstructed, the Zoning By-law definition
which states that the walkway
limited to: stairs, decks and porches (except those which form part of the path of travel to
driveway encumber the walkway. Staff is in opinion that the proposed variance does not
meet the general intent of the Zoning By-law.
Variance for the Accessory Building Fascia Height
The intent of the maximum height to the underside of the fascia is to ensure that
accessory building is not excessive in height and to ensure neighbouring properties do not
have adverse impacts from large rear yard structures. The accessory building will be used
strictly for vehicle storage, ensuring that it will not create any privacy concern to the
neighbouring properties. Staff is of the opinion that the requested variance meets the
general intent of the Zoning By-law.
Variance for Increased Lot Coverage for Accessory Building and Additional dwelling Unit
(ADU) (Detached)
The intent of the maximum lot coverage is to ensure that accessory buildings remain
secondary to the primary building. If you combine the lot coverage of both the accessory
building and the ADU it exceeds the maximum permitted 15% as per Section 7.3, Table 7-
2 by 3% or 15 square metres. Despite the combined exceeded lot coverage, the size of
the accessory building and ADU is under the maximum permitted building footprint of 80
square metres. Staff is of opinion that the variance meets the general intent of the Zoning
By-law by remaining secondary and accessory to the primary building.
Is/Are the Effects of the Variance(s) Minor?
Variance for the Walkway
Staff is in opinion that the effects of the variance are not minor in nature. The shared
driveway obstructs the walkway, making it inaccessible for emergency vehicles causing a
safety issue. As a result of the variance, there will be a conflict between pedestrian and
vehicle use as neither walkway nor the driveway will be able to function independently.
Variance for the Accessory Building Fascia Height
The effects of the variance is minor in nature as there are no significant impact on the
neighbouring properties. The accessory building with the proposed increased fascia height
maintains a sufficient setback of 11.6 metres from the rear lot line which mitigates privacy
concerns for the neighbouring properties as well as no windows to overlook the
neighbouring property while using the accessory building.
Variance for Increased Lot Coverage for Accessory Building and Additional dwelling Unit
(ADU) (Detached)
The variance is minor in nature. The combined 15 square metres increased lot coverage is
not noticeable when compared to the overall size of the structures relative to the lot. The
ADU and garage are located at the far rear of the property. The increased lot coverage is
not noticeable from the streetscape and does not impact the visual appearance of the
neighbourhood.
Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land,
Building and/or Structure?
Variance for the Walkway
The variance is not desirable for the use of the land. The design creates a conflict between
pedestrian and vehicle on site and fails to support a walkable community without providing
an unobstructed connection to the street. Occupants and emergency services will not be
able to navigate safely which compromises the usability of the land.
Variance for the Accessory Building Fascia Height
The variance is appropriate for the development and use of the land as it will increase the
usability of the accessory building on the subject property. The increased fascia height will
allow the accessory building to be more functional and allow for efficient storage of
vehicles.
Variance for Increased Lot Coverage for Accessory Building and Additional dwelling Unit
(ADU) (Detached)
The variance for an increased lot coverage is desirable and appropriate use of the land as
it facilitates the construction of an accessory building and an additional dwelling unit
(ADU). The increased lot coverage will allow for efficient vehicle storage and improve the
usability of the land by accommodating the ADU which contributes to the overall
functionality and usability of the property.
Fire Services Comments:
With no legal mechanism to enforce no-parkingin the driveway where the walkway is
proposed to be located, fire would not support the combined walkway and driveway. The
proposal does not comply with the Emergency Services Policy because the ADU is
approximately 37 metres from the principal entrance, whereas the emergency service
policy restricts this distance to a maximum of 30 metres for dwelling units with direct
access to the outside from the unit. If the exit/principal entrance is shared by two or more
units that distance is reduced to 15 metres.
Environmental Planning Comments:
No natural heritage. Trees may be impacted in the rear yard by ADU construction.
Accordingly, it is recommended that the standard Tree Management Condition be added
as a Condition of the Minor Variance Application to ensure there are no negative impacts
to trees on adjacent properties.
1. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance with the
prior to any grading, servicing, tree removal or the issuance of Demolition and/or
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
Plans.
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits
for the detached ADU and detached garage is obtained prior to construction. Please contact
the Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
1. That the Owner provides confirmation, to the satisfaction of the Director of Engineering
Services, that the existing services can support the proposed additional demand prior
to an application for a Building Permit being received. If the demand cannot be
supported, the Owner shall make an Application through the Off-Site Works
Process, to the satisfaction of the Director of Engineering.
2. That the Owner acknowledges that any new driveways or widenings to existing
driveways are to be built to City of Kitchener standards and that the Owner confirms,
to the satisfaction of the Director of Engineering Services, if an application for a Curb
Cutting/Driveway Widening Permit is required prior to an application for a Building
Permit being received.
Parks and Cemeteries/Forestry Division Comments:
No comments or concerns.
Transportation Planning Comments:
Transportation Services does not support the proposed garage or parking space location
at the rear of the property. Vehicles accessing the parking space or garage must drive
over the walkway, and occupants may not be aware to keep this walkway unobstructed of
parked vehicles. Obstructions of the walkway may block emergency services accessing
the ADU.
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
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 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 2
DATE OF REPORT: March 5, 2025
REPORT NO.: DSD-2025-130
SUBJECT: Minor Variance Application A2025-025 93-95 Kinzie Avenue
RECOMMENDATION:
That Minor Variance Application A2025-025 for 93-95 Kinzie Avenue requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 5.6, Table 5-5-1, to permit 2 parking spaces for a Semi-Detached
Dwelling with 2 Additional Dwelling Units (ADU) (Attached) instead of the
required 3 parking spaces;
ii) Section 7.3, Table 7-2, to permit a front yard setback of 4.6 metres instead of
the required 7.8 metres based on established front yard setbacks of adjacent
dwellings;
iii) Section 7.3, Table 7-2, to permit rear yard setback of 3 metres instead of the
minimum required 7.5 metres; and
to facilitate the redevelopment of the lands with a new Semi-Detached Dwelling,
each side containing 2 Additional Dwelling Units (ADU) (Attached), generally in
accordance with drawings prepared by Chris Fernandes Design Corp., dated August
16, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
redevelopment of the subject lands by constructing a new Semi-Detached Dwelling,
each side containing 2 Additional Dwelling Units (ADU) (Attached).
The key finding of this report is that the requested variances meet 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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:
Figure 1: Location Map
The subject property is located on the corner of Kinzie Avenue and Walker Street. The
lands previously contained a single detached dwelling that was demolished due to fire
damage in 2024. The lands are currently vacant.
Community Area Urban Structure and is
Low Rise Residential
--law 2019-051.
The purpose of the application is to facilitate the construction of new Semi-Detached
Dwelling, each side containing 2 Additional Dwelling Units (ADU) (Attached).
In October 2022, the Committee of Adjustment approved minor variance application
A2022-125 to permit the construction of a Semi-Detached Dwelling, each side containing 1
Additional Dwelling Unit (ADU) (Attached). The applicant is now proposing Semi-Detached
Dwellings, each side containing 2 Additional Dwelling Units (ADU) (Attached).
The drawing submitted with the application form showed a driveway for the proposed lot at
93 Kinzie Avenue within the Corner Visibility Triangle (CVT). The applicant revised the
drawing to shift the driveway location outside of the CVT. No changes to the building
footprint or requested variances are required.
Figure 2: View of Vacant site from Walker Street
Figure 3: View of Vacant site from Kinzie Avenue
Figure 4: Concept Plan (Revised Driveway to be outside of CVT)
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 intent of the Low Rise Residential land use designation is to accommodate a range of
low density housing types, including Semi Detached Dwellings with up to 3 Additional
Dwelling Units (ADU). It is also to encourage and support the mixing and integrating of
innovative and different forms of housing. The applicant is proposing to provide a Low
Rise form of development, permitted in the land use designation, and it will help to achieve
a mix and integration of housing types in the neighbourhood. Planning Staff is of the
opinion that the requested variances will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Front Yard Setback
The intent of the regulation that requires a minimum front yard setback based on
established front yards of adjacent dwellings is to preserve consistent building walls along
street lines in established neighbourhoods. The subject lands are located on a corner of a
short block (<100 metres) and there are just 3 interior lots on Kinzie Avenue between
Walker Street and Guerin Avenue. Buildings located on corner lots can often have building
setbacks inconsistent with adjacent dwellings based on which street line the front yard is
oriented towards, which can vary from property to property. Staff acknowledge that the
differences between the front yard setback and the exterior yard setback can vary based
on building typology, street orientation, location of on street utilities and other City assets
such as street trees, etc. Staff are of the opinion that the proposed front yard setback of
4.6 metres will generally be consistent with established neighbourhood street lines and
building setbacks, and therefore the variance meets the general intent of the Zoning By-
law.
Rear Yard Setback
The intent of the regulation that requires a minimum rear yard setback of 7.5 metres is to
provide for adequate building separation and on-site amenity space. In regard to building
separation, the construction of a semi-detached dwelling on the subject lands would orient
the proposed rear yards to face the lands at 124 Walker Avenue, currently developed as a
Semi-Detached Dwelling. This shared property line represents the interior side yard for
124 Walker Avenue, and staff acknowledge that interior side yard building separation is
typically much lesser than rear yard separation. In regard to on-site amenity space, the
applicant has proposed to provide large side yard spaces (6+ metres) that provide for
adequate, functional amenity spaces. Staff is of the opinion that the proposed variance
meets the general intent of the Zoning By-law.
Parking Reduction
The intent of the regulation that requires 3 parking spaces for a semi-detached dwelling
with 2 additional dwelling units (ADU) is to provide for adequate vehicle storage on site.
The proposed layout includes one parking space in the garage and one space in the
driveway. The site was redesigned to single car driveways rather than two-car driveways
in order to preserve an existing street tree on Kinzie Avenue. Staff are of the opinion that
the 2 proposed parking spaces are sufficient to provide adequate vehicle storage on site
due to the unit typology and the access to existing transit. The site is well served by GRT
stops on Weber Street, a 350 metre distance that provides east and west service to
connecting terminals with region-wide access. Staff are of the opinion that the proposed 2
parking space per semi-detached dwelling with 2 additional dwelling units (attached) can
provide sufficient vehicle storage on-site and therefore the requested variance meets the
general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff have evaluated the requested variances for the proposed development and are of the
opinion that the proposed development can function and be compatible with the abutting
lands and surrounding neighbourhood. Staff are of the opinion that the requested
variances will not cause adverse impacts to abutting lands and that any effects of the
requested variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variances will enable the corner property to be redeveloped with a use and
building typology that is similar in scale, use and function to the surrounding low-rise uses
on Kinzie Avenue and Walker Street. The variances will allow for a functional and
appropriate use of the site and therefore Staff are of the opinion that the variances are
desirable for the use of the lands.
Environmental Planning Comments:
No environmental planning concerns.
Heritage Planning Comments:
No heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the new semi-detached dwelling with 2 additional attached
dwelling units.
Engineering Division Comments:
Engineering has no comments.
Parks and Cemeteries/Forestry Division Comments:
The applicant has worked with Planning staff to prepare a revised site layout that would
provide better protection for the existing City-owned street trees but results in additional
requested variances. It is expected that all City owned tree assets will be fully protected to
City standards throughout demolition and construction as per Chapter 690 of the current
Property Maintenance By-law. A Tree Protection and Enhancement Plan (TPEP) showing
full protection for the existing City trees is required as part of the Building Permit and/or
Driveway Widening/Curb Cut permit application to be approved by the Director of Parks
and Cemeteries. Grading and Servicing plans should accompany the submission.
Please clearly indicate the location of tree trunks, dripline and offsets to proposed Tree
Protection Fencing and construction work zone. Securities for protected trees and/or
compensation for removed trees may be required. Clearance from the Director of Parks
and Cemeteries for the approval of the Tree Protection and Enhancement Plan and any
necessary compensation is required prior to the issuance of a Demolition Permit or
Building Permit.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Enova Comments:
The builders/developers will need to maintain the minimum clearances as outlined by
as per Attachment B.
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)
Official Plan (2014)
Zoning By-law 2019-051
DSD-2022-457 (A2022-125)
ATTACHMENTS:
Attachment A Concept Plan (Revised Driveway outside of CVT)
Attachment B Enova Diagram for Clearance
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:Ricardo Ruiz
To:Committee of Adjustment (SM)
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review – March 18, 2025 Meeting
Date:Friday, February 28, 2025 11:53:06 AM
Attachments:11111.pdf
Hi Connie,
Enova’s only concern with the recent Committee of Adjustment Applications is for 93-95
Kinzie Ave & 165 Fairway Rd N. The builders/developers will need to maintain the minimum
clearances as outlines by Enova’s attached drawing.
Thanks,
Ricardo Ruiz (he/him) C.E.T. | Distribution Design Supervisor
____________________________________________________________________________
Office Number: 226-896-2200 Ext. 6304
Mobile Number: 519-497-6221
ricardo.ruiz@enovapower.com
www.enovapower.com
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: February 21, 2025 4:13 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review – March 18, 2025
Meeting
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, March 18, 2025, have been loaded and circulated through
ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA@kitchener.ca no later than 12 noon on Monday, March 3, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.ca
This correspondence is directed in confidence solely to the addressees listed above. It may
contain personal or confidential information and may not otherwise be distributed, copied or
used by the intended recipient. If you are not the intended recipient, please delete the e-mail
and any attachments and notify the sender immediately. Click on the link to read the
additional disclaimer: https://enovapower.com/disclaimer
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician,
519-783-8944
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: March 6, 2025
REPORT NO.: DSD-2025-126
SUBJECT: Minor Variance Application A2025-026 250 Frederick St
RECOMMENDATION:
That Minor Variance Application A2025-026 for 250 Frederick Street requesting relief
from the following sections of Zoning By-law 85-1:
i) Section 6.1.2 a) to permit a parking requirement of 117 parking spaces instead
of the minimum required 140 parking spaces; and
ii) Section 6.1.2 b) vi) to permit 8 visitor parking spaces instead of the minimum
required 28 parking spaces;
to facilitate the development of four (4) additional dwelling units in an existing
multiple dwelling having 108 units, for a total of 112 units, generally in accordance
with Site Plan Application SP24/032/F/SRM, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to permit the conversion of common amenity space on the
top floor of a high-rise apartment building to be converted into four residential dwelling
units with reduced parking requirements for overall parking and visitor parking spaces.
The key finding of this report is that the requested minor variances meet all the four
tests of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the application
was mailed to all property owners within 30 metres of the subject property and this
report was posted to the Cit
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 at the intersection of Frederick and Gordon Streets.
Official Plan.
- By-law 85-1.
The purpose of the application is to permit two variances for parking to enable the
conversion of existing common space on the top floor (17th floor) to four dwelling units.
The common space is on the 17th floor, the top floor, and was originally designed as
recreation area with a sauna room and a hobby room. The owner would like to use these
unutilized vacant rooms to provide additional rental dwelling units for the community. It is
noted that the basement and parking levels in the building have storage lockers and
laundry facilities.
for the four
proposed additional dwelling units. The plan was primarily prepared to identify the required
Visitor and Barrier Free parking spaces. The conditional Site Plan drawing, as well as two
levels of underground parking garage plans, are attached to this staff report.
The owner previously applied for the same parking variances at a previous Committee of
Adjustment meeting, July16, 2024. Previous staff report, DSD-24-322, supported the
parking variances. However, delegates attended the meeting with concerns. The
Committee ultimately refused the application.
Staff visited the site for this 2025 application on February 28, 2025.
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 intent of the High Rise Multiple Residential designation in the Central Frederick
Neighbourhood Plan is to acknowledge and permit the existing Acadian Apartment on the
subject land. Multiple dwellings more than 200 units per hectare are permitted. The
maximum floor space ratio is 4, with the above grade gross floor area not exceeding 4
times the lot area. As the building area is existing floor area, the residential conversion of
space is permitted and will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the parking requirement is to ensure sufficient parking spaces are available
for residents and visitors of the building. It is noted that minor variance A209/86 (1986)
granted permission for 107 units to have 106 parking spaces (under Bylaw 4830). Then in
2012 (Bylaw 85-1), one additional unit was added for a total of 107 spaces required.
There were 117 spaces provided at that time as well.
--law 85-1 which has existed since 1994 on this
property. This zoning requires the proposed total of 112 dwelling units to have 140 parking
spaces (1.25 parking spaces per dwelling unit) and 28 visitor parking spaces (20% of the
required parking). It is noted that the property will be rezoned in the future into the newest
City Zoning By-law 2019-051.
In the new by-law, 2019-051, the parking requirement for 112 units would be 1 space per
dwelling unit resulting in 112 spaces being required; as well as 12 visitor parking spaces
for a total of 124 required parking spaces. This is substantially less parking than currently
required and is closer to the 117 spaces proposed in the Site Plan.
Currently, there are no visitor parking spaces on site as this was not a requirement when
the building was constructed in 1968. By providing eight visitor spaces on the surface
outside the property will ensure demarcated and dedicated parking spaces for visitors.
Staff note that the property is one block from the Strategic Growth Area which has no
minimum parking requirement. The property is on a bus route and just outside the 800
metres to an LRT station. Transportation Planning staff support the proposed parking
variance.
It is noted that 5 barrier-free parking spaces are required (under both by-laws) and that 5
barrier-free spaces are proposed. There is no variance required for these spaces.
Accordingly, the variances will meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
As noted above, the proposed parking reduction is closer to what will be required when the
property is rezoned under By-law 2019-051 which would be 124 spaces. The property is
The
owner has also noted on the Site Plan that vertical bicycle parking will be provided on the
ground floor adjacent to the building. It is also noted that the applicant has provided
comments in Appendix 5 of his application that notes a study by Paradigm Transportation
. As noted previously, City Transportation have advised that they
have no concerns. Staff are of the opinion that the parking variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The common amenity space on the top floor was originally a recreation area with a sauna
and hobby room and viewed to be unutilized vacant area by the current owner. There does
exist a landscaped area with a picnic table in the north-east corner of the property as
shown on the ground level of the Site Plan.
The addition of dwelling units is a gentle intensification of the existing residential building
on the subject property and supports the City Housing Pledge in the supply more
residential rental units.
The proposed parking are desirable for the appropriate development and can be
considered minor and meeting the intent of both Official Plan and Zoning By-law.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
The property municipally addressed as 250 Frederick Street does not have any heritage
status. However, the subject property is located within the Central Frederick Neighborhood
Cultural Heritage Landscape (CHL). 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 owner
and the public will be consulted as the City considers listing CHLs on the Municipal
Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for
each CHL with specific conservation options.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the additional residential units in the existing building is obtained prior to construction.
Please contact the Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
All Parks requirements will be addressed through Site Plan Application SP24/031/F/SRM.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No comments.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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 Policy Statement (PPS 2020
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
Minor variance application A2024-052
ATTACHMENTS:
Attachment A Site Plan (Conditionally Approved)
Attachment B - Underground garage parking plan (2 levels)
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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: March 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: March 5, 2025
REPORT NO.: DSD-2025-124
SUBJECT: Consent Application B 2024-006 142 Carson Drive
RECOMMENDATION:
That Consent Application B 2024-006 requesting consent to sever a parcel of land
having a lot width of 18 square metres, a lot depth of 46.8 metres and a lot area of
859 square metres, BE APPROVED subject to the following conditions:
1.
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
4. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the
site (servicing, SWM etc.) with corresponding layer names and asset
information
prior to deed endorsement.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
6. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of the
City's Director of Engineering Services.
7. That any new driveways are to be built to City of Kitchener standards at the
8. That the Owner provides confirmation that the basement elevation can be drained
Engineering Services. If this is not the case, then the owner will need to pump
the sewage via a pump and forcemain to the property line and have a gravity
of Engineering Services.
9.
Approvals, the Owner shall enter into an agreement with the City of Kitchener, to
be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the
following:
a) That the Owner shall prepare a Tree Preservation Plan for the severed and
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) The Owner further agrees to implement the approved plan. No changes to
Manager, Site Plans.
c) The Owner shall maintain the lands, in accordance with the approved Tree
Preservation and Enhancement Plan, for the life of the development.
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) Complete a Building Code Assessment for the existing dwelling proposed to
be retained on the Retained Parcel of land, prepared by a qualified person, to
confirm that the proposed property line and any of the building adjacent to
this new property line complies with the Ontario Building Code, to the
face, and shall include recommendations such as closing in of openings
pending spatial separation calculation results.
b)Obtaina Building Permit for any remedial work/ upgrades required by the
Building Code Assessment.
12. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review a severance application to permit the creation
of a new parcel of land.
The key finding to this report is the proposed severance meets Provincial, Regional
and City policies and is being recommended for approval subject to conditions.
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 Carson Drive, near the intersection of
Carson Drive and Natchez Road. The existing property contains a single detached
dwelling. The applicant proposes to sever the lot so that 1 new residential lot is created.
Figure 1: Location Map: 142 Carson Drive
Figure 2: Proposed lot fabrics
Community Areas Urban Structure and is
on Map 3
The property is Low Rise Residential Two Zone (RES-2-law 2019-
051.
The purpose of the application is to sever an existing lot to create two (2) lots. The
retained lands will contain an existing single detached dwelling, while the severed lands
are proposed to be residential, but specifics of the residential use, are not known at this
time.
Figure 3: Existing building and existing conditions
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
Staff are satisfied that the proposed infill severance applications are consistent with the
Provincial Planning Statement in general and as it related to housing policies in Chapter 2
regarding intensification and facilitating housing options. Section 2.2 1 (b) 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.
Regional Official Plan (ROP):
ROP
-Up
P as this
neighbourhood provides for the physical and community infrastructure required for the
proposed residential development, including transportation networks, municipal water and
wastewater systems, and a broad range of social and public health services. Regional
polices require municipalities to plan for a range of housing in terms of form, tenure,
density, and affordability to satisfy the various physical, social, economic, and personal
support needs of current and future residents. Staff are satisfied that the proposed
severance applications adhere to these policies and conforms to the ROP.
Community Area Urban Structure and is
Low Rise Residential
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
Zoning By-law 2019-051
Low (RES-2-
law 2019-051. The lot fabric created exceeds all lot minimum requirements, and future
development will be required to meet all zoning regulations.
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. The uses of both the severed and retained parcels are in
-law. Planning staff is of the opinion
that the size, dimension and shape of the proposed lots are suitable for the use of the
lands and compatible with the surrounding community. The severed lands front onto an
established public street and are serviced with municipal services. Staff is further of the
opinion that the proposal is consistent with the Region of Waterloo Official Plan, the
Provincial Planning Statement, and is good planning and in the public interest.
Environmental Planning Comments:
Require the standard condition for consent to enter into an agreement to complete a Tree
Preservation /Enhancement Plan prior to any demolition/building permit/grading/servicing
etc. on both the severed and retained parcels.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent provided for the retained
land:
1. A qualified designer is retained to complete a Building Code Assessment as it relates to
the new proposed property line and any of the building adjacent to this new property line
shall addresses such items as:
satisfaction of the Chief Building Official. Closing in of openings may be required,
pending spatial separation calculation results.
2. A Building Permit shall be obtained for any remedial work/ upgrades that may be
required by the building code assessment.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary 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 and water
municipal services are currently available to service this property. Any further enquiries
in this regard should be directed to katie.wood@kitchener.ca
Any new driveways are to be built to City of Kitchener standards. All works are at the
expense and all work needs to be completed prior to occupancy of the
building.
A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval. 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.
Parks and Cemeteries/Forestry Division Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new
development lot will be created. The cash-in-lieu dedication required is $11,862. Park
Dedication is calculated at 5% of the new development lots only, with a land valuation
calculated by the lineal frontage of 18 metres at a land value of $36,080 per frontage
meter with a per unit cap of $11,862.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The owner/applicant is proposing consent to sever for lot creation; Severed lot being 859
sqm area, 18 metre frontage; and Retained lot being 1088 sqm area and 22.5 metre
frontage. The retained lands contain residential dwelling and private well (for exclusive
use). The severed lands are vacant. The consent will facilitate the redevelopment of the
severed lot under separate ownership (no development proposed through consent).
In the Regional Official Plan, the lands are within the Delineated Built-Up Area and Urban
Area boundary. The lands are designated Low Rise Residential
and zoned RES-2.
Threats Inventory Database
The following information is provided 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 for the site. High threat
on adjacent property at 15 Rothsay Ave (FIX-A-CHIP INC - Other Machinery and
Equipment Industries n.e.c.).
Regional Consent Review Fee
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 have 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.
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
March 3, 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: B2025-006 to B2025-008
Committee of Adjustment Hearing March 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 2025-006
Address: 142 Carson Dr
Description: Lot 19, Plan 865
Owner: Anne Kofler
Applicant: Soya Kofler (POA)/ Monica Szever (POA)
The owner/applicant is proposing consent to sever for lot creation; Severed lot being
859 sqm area, 18.05m frontage; and Retained lot being 1088 sqm area and 22.52m
frontage. The retained lands contain residential dwelling and private well (for exclusive
use). The severed lands are vacant. The consent will facilitate the redevelopment of the
severed lot under separate ownership (no development proposed through consent).
In the Regional Official Plan, the lands are within the Delineated Built-Up Area and
Urban Area boundary. The lands are designated Low Rise Residential in the City’s
Official Plan and zoned RES-2.
Threats Inventory Database
The following information is
provided 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 for
the site. High threat on adjacent
property at 15 Rothsay Ave (FIX-A-
CHIP INC -Other Machinery and
Equipment Industries n.e.c.).
Regional Consent Review Fee
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 haveno objectionto 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: B 2025-007and B 2025-008
Address: 13 Chicopee Park Court (lot 3)/ 11a & b Chicopee Park Court (lot 2)
Description: PLAN 959 PT LOT 50 RP 58R20258 PT 3/ PT 2
Owner: Trevex Developments c/o Basmattie (Shaline) Anghad
Applicant: Urban Insights Inc c/o Marko Micic & Ryan Mounsey
The owner/applicant is proposing consent to sever for lot boundary adjustment.
The proposed variances and consent applications build on consentapprovals(B2020-
027&028) which severed a single lot into three lots (Parts 1, 2, and 3 on 58R-20258).
An updated development proposal proposespart 3 be developed as a single detached
dwelling (triplex), and parts 1 and 2 developed with a semi-detached dwelling (sharing a
common party wall)such that each lot will contain a four-plex.
The proposed lot configuration is as follows:
In the Regional Official Plan, the lands are within the Delineated Built-Up Area and
Urban Area boundary. The lands are designated Low Rise Residential in the City’s
Official Plan and zoned RES-4.
Threats Inventory Database
The following information is provided 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 the following information is available:
B2025-0059 -11a & 11b Chicopee Park Court: No records for the site. Two low threats
on adjacent property at 203 Fairway Rd N (BRAINY TOYS INC. -Toys, Novelties and
Fireworks, Wholesale) and (KING J L DECORATORS LIMITED -Painting and
Decorating Work).
B2025-0056 -13 Chicopee Park Crt: No records for the site. Two low threats on
adjacent property at 203 Fairway Rd N (BRAINY TOYS INC. -Toys, Novelties and
Fireworks, Wholesale) and (KING J L DECORATORS LIMITED -Painting and
Decorating Work).
Environmental Noise
It is the responsibility of the developer to ensure the proposed development is not
impacted by anticipated transportation noise from Fairway Road (RR#53) and River
Road (RR#56). While an environmental noise study for the proposed development
would normally be required, Corridor Development would waive this requirement in lieu
of theapplicant enteringinto an agreement with the Region of Waterloo to implement a
Noise Warning Clause.
The Region will require the following as a condition of consent approval:
1.That theowner/applicant enter into a registered development agreement with the
Region of Waterloofor both severed and retained lands, to include the following
clause noise warning clause in agreements of Offers of Purchase and Sale,
lease/rental agreements and condominium declarations.
a.Purchasers/tenants are advised that sound levels due to increasing road
traffic on Fairway Road(RR#53)and River Road(RR#56)may
occasionally interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Municipality and the
Ministry of the Environment, Conservation and Parks.
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 haveno objectionto this application subject to the
following condition(s):
1.That the owner/applicantsubmit the consent review fee of $350 per application to
the Regional Municipality of Waterloo.
2.That theowner/applicant enter into a registered development agreement with the
Region of Waterloo, for both severed and retained lands, to include the following
clause noise warning clause in agreements of Offers of Purchase and Sale,
lease/rental agreements and condominium declarations.
a. Purchasers/tenants are advised that sound levels due to increasing road
traffic on Fairway Road (RR#53) and River Road (RR#56) may
occasionally interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Municipality and the
Ministry of the Environment, Conservation and Parks.
General Comments
Any submission requirements may be subject to peer review, at the owner/
Owner/Developer’s expense as per By-law 24-052. 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
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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 - 142 Carson Drive - B 2025-006
Date:Thursday, March 13, 2025 1:17:02 PM
Hello,
We are in receipt of your Application for Consent, B 2025-006 dated 2025-02-21. 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,
Land Use Planning Department
Hydro One Networks Inc.
Email: LandUsePlanning@HydroOne.com
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Brian Bateman, Senior Planner, 519-783-8905
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: March 3, 2025
REPORT NO.: DSD-2025-125
SUBJECT: Minor Variance Application A2025-027 - 13 Chicopee Park
Court
Consent Application B2025-007 - 13 Chicopee Park Court
Consent Application B2025-008 - 11a and 11b Chicopee Park
Court
RECOMMENDATION:
A. Minor Variance Application A2025-027 13 Chicopee Park Court
That Minor Variance Application A20025-027 for 13 Chicopee Park Court requesting
relief from the following sections of Zoning By-law 2019-051:
i) Section 4.12.2 g) to permit a lot width of 8 metres instead of the minimum
required 10.5 metres;
ii) Section 5, Table 5-5-1, to permit 2 parking spaces instead of the minimum
required 3 parking spaces; and
iii) Section 7.3, Table 7-2, to permit a rear yard setback of 7.2 metres instead of the
minimum required 7.5 metres;
to facilitate the construction of a Single Detached Dwelling with 2 Additional
Dwelling Units (ADU) (Attached) (Triplex) generally in accordance with drawings
prepared by Euclid Santos, dated January 20, 2025, BE APPROVED.
B. Consent Application B2025-007 13 Chicopee Park Court
That Consent Application B2025-007 for 13 Chicopee Park Court (Part 3, 58R-20258)
requesting consent to sever a parcel of land having a width of 1.6 metres on
Chicopee Park Court, a lot depth of 35.6 metres and an area of 61.8 square metres to
convey as a lot addition to 11b Chicopee Park Court (Part 2, 58R-20258) in
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
accordance with a plan prepared by Guenther Rueb Surveying revised dated
January 20, 2025, BE APPROVED subject to the following conditions:
1. That Minor Variance Application A2025-027 receive final approval.
2. That Consent Application B2025-008 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 lands to be severed be added to the abutting lands and title be taken
into identical ownership as the abutting lands. The deed for endorsement shall
include that any subsequent conveyance of the parcel to be severed shall
comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13,
as amended.
7. That the O
an Application Consolidation Parcels immediately following the registration
of the Severance Deed and prior to any new applicable mortgages, and to
provide a copy of the registered Application Consolidation Parcels to the City
Solicitor within a reasonable time following registration.
Alternatively, if in the opinion of the City Solicitor, an Application
Consolidation Parcels cannot be registered on title, the Owner shall take such
alternative measures and provide such alternative documents to ensure that
the severed parcel and receiving parcel are not separately encumbered,
conveyed, or otherwise transferred from one another and shall remain in
common ownership, at the discretion of and to the satisfaction of the City
Solicitor
8. That the Owner obtains Demolition Control Approval, in accordance with the
-
Development Approvals.
9. That the Owner obtains a Demolition Permit, for the existing detached dwelling
proposed to be demolished, to the satisfaction of the Chief Building Official,
and removes the existing dwelling prior to deed endorsement.
10. That the Owner/Developer submit the consent review fee of $350 to the
Regional Municipality of Waterloo.
11. That the owner/applicant enter into a registered development agreement with
the City of Kitchener for both severed and retained lands, to include the
following clause noise warning clause in agreements of Offers of Purchase and
lease/rental agreements and condominium declarations:
on Fairway Road (RR#53) and River Road (RR#56) may occasionally interfere
with some activities of the dwelling occupants as the sound levels exceed the
sound level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks
C. Consent Application B2025-008 11b Chicopee Park Court
That Consent Application B2025-008 for 11b Chicopee Park Court (Part 2, 58R-
20258) requesting to sever a parcel of land having a width of 0.8 metres, a depth of
35.8 metres long and an area of 31 square metres, to convey as a lot addition to 11a
Chicopee Park Court (Part 1, 58R-20258) to facilitate the development of Semi-
Detached Dwelling with 3 Additional Dwelling Units (ADU)(Attached) in accordance
with a plan prepared by Guenther Rueb Surveying revised dated January 20, 2025,
BE APPROVED subject to the following conditions:
1. That Minor Variance Application A2025-027 receive final approval.
2. That Consent Application B2025-007 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 lands to be severed be added to the abutting lands and title be taken
into identical ownership as the abutting lands. The deed for endorsement shall
include that any subsequent conveyance of the parcel to be severed shall
comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13,
as amended.
7. That the O
an Application Consolidation Parcels immediately following the registration
of the Severance Deed and prior to any new applicable mortgages, and to
provide a copy of the registered Application Consolidation Parcels to the City
Solicitor within a reasonable time following registration.
Alternatively, if in the opinion of the City Solicitor, an Application
Consolidation Parcels cannot be registered on title, the Owner shall take such
alternative measures and provide such alternative documents to ensure that
the severed parcel and receiving parcel are not separately encumbered,
conveyed, or otherwise transferred from one another and shall remain in
common ownership, at the discretion of and to the satisfaction of the City
Solicitor
8. That the Owner obtains Demolition Control Approval, in accordance with the
-
Development Approvals.
9. That the Owner obtains a Demolition Permit, for the existing detached dwelling
proposed to be demolished, to the satisfaction of the Chief Building Official,
and removes the existing dwelling prior to deed endorsement.
10. That the Owner/Developer submit the consent review fee of $350 to the
Regional Municipality of Waterloo.
11. That the owner/applicant enter into a registered development agreement with
the City of Kitchener for both severed and retained lands, to include the
following clause noise warning clause in agreements of Offers of Purchase
and Sale, lease/rental agreements and condominium declarations:
traffic on Fairway Road (RR#53) and River Road (RR#56) may occasionally
interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Ministry of the
REPORT HIGHLIGHTS:
The purpose of this report is to assess a request for consent as lot additions to
existing lotting fabric and a minor variance to facilitate the development of a semi- and
single detached dwelling with 3 and 2 attached dwelling units, respectively.
The key finding of this report is that staff are of the opinion the consent and minor
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 south side of Chicopee Park Court (see Figure 1).
Figure 1 Aerial Photo of Subject Property
Chicopee Park Court is a dead-end street that has a single point of access from the east
side of Fairway Road just south of River Road. The street contains a variety of low-rise
residential building forms with varying lot sizes.
In 2018, Consent Applications B2018-119 and B2018-120 were submitted requesting to
sever 2 lots and retain one lot for residential purposes and were approved by the
Committee of Adjustment. These decisions lapsed.
The applicant re-applied with new Consent Applications B2020-027 and B2020-028. They
were subsequently approved, and the consent plan to implement these decisions was
registered as 58R-20258 see Figure 2. Reference Plan 58R-20258 comprises 3 lots with
9.6 metre frontages, approximately 35 metres of depth and areas of approximately 345
square metres. The intent was to remove the existing detached dwelling and re-develop
each lot with a duplex dwelling. The existing dwelling has not been demolished but is
presently vacant.
Figure 2 Lotting Fabric on Reference Plan 58R-20258
The subject properties are Community Areas on Map 2 Urban Structure
Low Rise Residential
Plan.
The properties are Low Rise Residential Four Zone (RES-4-law
2019-051.
The purpose of these consent applications is to re-configure the lotting fabric of 58R-
20258 through two lot additions as shown on Figure 3 below. These lot additions are being
proposed to create lot sizes to support a semi-detached dwelling with accessory dwelling
units as pictured on Figure 4 on 11a and 11b Chicopee Park Court while retaining a lot for
a single detached dwelling and 2 accessory units on 13 Chicopee Park Court. A minor
variance application has been submitted for 13 Chicopee Park Court. It is to approve a lot
width of 8 metres for a single detached dwelling with 2 additional units and to permit a
reduced rear yard setback of 7.2 metres and 2 parking spaces rather than the required 3
parking spaces.
A site visit occurred on February 27, 2025 see Figure 5.
Figure 3 Lot Addition Consent Plan
Figure 4 Proposed Semi and Single Detached Dwelling Location Plan
Figure 5 Photo of Subject Property
REPORT:
Planning Comments Minor Variance Application A2025-027:
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 intent is to support a variety of low-rise residential building forms providing those built
forms are compatible with surrounding context and any impacts mitigated appropriately
through design measures in accordance with criteria outlined in 4C.1.24. A semi and
single-detached dwelling with additional dwelling units are compatible building forms given
the designation of the property, scale and massing, functionality and servicing of the
proposal, and variety of building forms and lot sizes generally found in this area.
Therefore, staff opine the intent of the Official Plan is maintained.
General Intent of the Zoning By-law
Variance for a Reduced Lot Width
The intent of the lot width regulation is to ensure a lot is wide enough to support a use that
can provide an appropriate amenity area, landscaped area and having enough parking
spaces. that a single detached
dwelling with 2 additional dwelling units on an 8-metre-wide lot can function adequately in
this context given the lot area exceeds the by-law regulation. The plan further
demonstrates there is sufficient amenity and landscaped areas and can provide parking
for 2 spaces in tandem. Therefore, the intent of the by-
opinion.
Variance for a Reduced Rear Yard Setback
The intent of a rear yard setback is to ensure there is adequate separation from abutting
properties and there is space for a private amenity area. A 7.2 metre rear yard in the
opinion of staff maintains the intent of the regulation and is considered a minor reduction.
Variance for a Parking Reduction
The intent of parking regulations is to ensure there is adequate parking on-site and to
avoid spillover onto the street. The driveway is long enough to provide for a 2 tandem
spaces and staff do not support a driveway widening for a required third space. A
reduction in one space is supportable given location and proximity to public transportation
on Fairway Road. Transportation Planning has no concerns with the proposed reduction of
one space.
Is/Are the Effects of the Variance(s) Minor?
In the opinion of staff, the variances are minor. In this context, a single detached dwelling
with an 8 metre lot width functions adequately as the length of the lot allows flexibility to
minimize the effects of a slight rear yard reduction. A parking reduction is minor in that the
property is within walking distance to Fairway Road which has a direct bus route to
Fairview Mall and a commercial plaza located at the corner of River Road and Fairway
Road.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are appropriate for the appropriate development and use of the lands in the
opinion of staff. A single detached dwelling with 2 additional dwelling units is a compatible
building form given context and policy direction, is functionable and serviceable and will
provide additiona
Planning Comments Consent Applications B2025-007 and B2025-008:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
Staff are satisfied that the proposed severance applications are consistent with the
Provincial Planning Statement in general and as it related to housing policies in Chapter 2
regarding intensification and facilitating housing options. Section 2.2 1 (b) 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.
Regional Official Plan (ROP):
future growth shall be within
-Up
neighbourhood provides for the physical and community infrastructure required for the
proposed residential development, including transportation networks, municipal water and
wastewater systems, and a broad range of social and public health services. Regional
polices require municipalities to plan for a range of housing in terms of form, tenure,
density, and affordability to satisfy the various physical, social, economic, and personal
support needs of current and future residents. Staff are satisfied that the proposed
severance applications adhere to these policies and conforms to the ROP.
Community Areas Urban Structure and is
Low Rise Residential
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
Zoning By-law 2019-051
The subject properties are zoned as Low Rise Residential Four Zone (RES-he
purpose of this zone is to accommodate a range of low-density dwelling types that allow
up to four dwelling units on a range of lot sizes in low rise areas on a lot that is a minimum
of 10.5 metres in width.
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 re-configuration of existing lots
of record through the proposed lot additions are desirable and appropriate. The uses of
Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the
proposed lots are suitable for the use of the lands and compatible with the surrounding
community. The lands front onto an established public street and are serviced with
municipal services. Staff is further of the opinion that the proposal is consistent with the
Region of Waterloo Official Plan, the Provincial Planning Statement, and is good planning
and in the public interest.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits
for the new residential dwelling units are obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
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 perlot.Separate building permit(s) will be
required for the demolition of the existing building, as well as construction of the new
residential buildings.
Engineering Division Comments:
No concerns with the Minor Variance or Consents. 13, 11a, and 11b Chicopee Park Court
submitted Consent Applications in 2018 and 2020. The applicants satisfied the conditions
in 2020 and received an off-site works permit for the servicing in the ROW. The money
was received by the City in 2021, and the permit was issued in that same year. This permit
does not expire so they can still use it for this consent process if nothing is changing.
Parks/Operations Division Comments:
The trees located on the front yard of #13 Chicopee Park Court are private trees. Parkland
Dedication is not required for the proposed lot additions͵
Transportation Planning Comments:
Transportation Services have no concerns with these applications.
Region of Waterloo Comments:
No concerns but has requested a Regional fee of $350.00 per application as a condition of
consent approval.
It is the responsibility of the developer to ensure the proposed development is not
impacted by anticipated transportation noise from Fairway Road (RR#53) and River Road
(RR#56). While an environmental noise study for the proposed development would
normally be required, Corridor Development would waive this requirement in lieu of the
applicant entering into an agreement with the Region of Waterloo to implement a Noise
Warning Clause.
The Region will require the following as a condition of consent approval:
1. That the owner/applicant enter into a registered development agreement with the
Region of Waterloo for both severed and retained lands, to include the following clause
noise warning clause in agreements of Offers of Purchase and Sale, lease/rental
agreements and condominium declarations.
Purchasers/tenants are advised that sound levels due to increasing road traffic on
Fairway Road (RR#53) and River Road (RR#56) may occasionally interfere with some
activities of the dwelling occupants as the sound levels exceed the sound level limits
of the Municipality and the Ministry of the Environment, Conservation and Parks.
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 the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
ebsite or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
Consent Application Reports B2018-119, B2018-120 and B2020-027, B2020-028
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
March 3, 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: B2025-006 to B2025-008
Committee of Adjustment Hearing March 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 2025-006
Address: 142 Carson Dr
Description: Lot 19, Plan 865
Owner: Anne Kofler
Applicant: Soya Kofler (POA)/ Monica Szever (POA)
The owner/applicant is proposing consent to sever for lot creation; Severed lot being
859 sqm area, 18.05m frontage; and Retained lot being 1088 sqm area and 22.52m
frontage. The retained lands contain residential dwelling and private well (for exclusive
use). The severed lands are vacant. The consent will facilitate the redevelopment of the
severed lot under separate ownership (no development proposed through consent).
In the Regional Official Plan, the lands are within the Delineated Built-Up Area and
Urban Area boundary. The lands are designated Low Rise Residential in the City’s
Official Plan and zoned RES-2.
Threats Inventory Database
The following information is
provided 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 for
the site. High threat on adjacent
property at 15 Rothsay Ave (FIX-A-
CHIP INC -Other Machinery and
Equipment Industries n.e.c.).
Regional Consent Review Fee
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 haveno objectionto 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: B 2025-007and B 2025-008
Address: 13 Chicopee Park Court (lot 3)/ 11a & b Chicopee Park Court (lot 2)
Description: PLAN 959 PT LOT 50 RP 58R20258 PT 3/ PT 2
Owner: Trevex Developments c/o Basmattie (Shaline) Anghad
Applicant: Urban Insights Inc c/o Marko Micic & Ryan Mounsey
The owner/applicant is proposing consent to sever for lot boundary adjustment.
The proposed variances and consent applications build on consentapprovals(B2020-
027&028) which severed a single lot into three lots (Parts 1, 2, and 3 on 58R-20258).
An updated development proposal proposespart 3 be developed as a single detached
dwelling (triplex), and parts 1 and 2 developed with a semi-detached dwelling (sharing a
common party wall)such that each lot will contain a four-plex.
The proposed lot configuration is as follows:
In the Regional Official Plan, the lands are within the Delineated Built-Up Area and
Urban Area boundary. The lands are designated Low Rise Residential in the City’s
Official Plan and zoned RES-4.
Threats Inventory Database
The following information is provided 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 the following information is available:
B2025-0059 -11a & 11b Chicopee Park Court: No records for the site. Two low threats
on adjacent property at 203 Fairway Rd N (BRAINY TOYS INC. -Toys, Novelties and
Fireworks, Wholesale) and (KING J L DECORATORS LIMITED -Painting and
Decorating Work).
B2025-0056 -13 Chicopee Park Crt: No records for the site. Two low threats on
adjacent property at 203 Fairway Rd N (BRAINY TOYS INC. -Toys, Novelties and
Fireworks, Wholesale) and (KING J L DECORATORS LIMITED -Painting and
Decorating Work).
Environmental Noise
It is the responsibility of the developer to ensure the proposed development is not
impacted by anticipated transportation noise from Fairway Road (RR#53) and River
Road (RR#56). While an environmental noise study for the proposed development
would normally be required, Corridor Development would waive this requirement in lieu
of theapplicant enteringinto an agreement with the Region of Waterloo to implement a
Noise Warning Clause.
The Region will require the following as a condition of consent approval:
1.That theowner/applicant enter into a registered development agreement with the
Region of Waterloofor both severed and retained lands, to include the following
clause noise warning clause in agreements of Offers of Purchase and Sale,
lease/rental agreements and condominium declarations.
a.Purchasers/tenants are advised that sound levels due to increasing road
traffic on Fairway Road(RR#53)and River Road(RR#56)may
occasionally interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Municipality and the
Ministry of the Environment, Conservation and Parks.
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 haveno objectionto this application subject to the
following condition(s):
1.That the owner/applicantsubmit the consent review fee of $350 per application to
the Regional Municipality of Waterloo.
2.That theowner/applicant enter into a registered development agreement with the
Region of Waterloo, for both severed and retained lands, to include the following
clause noise warning clause in agreements of Offers of Purchase and Sale,
lease/rental agreements and condominium declarations.
a. Purchasers/tenants are advised that sound levels due to increasing road
traffic on Fairway Road (RR#53) and River Road (RR#56) may
occasionally interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Municipality and the
Ministry of the Environment, Conservation and Parks.
General Comments
Any submission requirements may be subject to peer review, at the owner/
Owner/Developer’s expense as per By-law 24-052. 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
March 4, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 013 160 Grand River Boulevard - No Concerns
2) A 2025 014 51 Meadowridge Street - No Concerns
3) A 2025 015 1180 Union Street - No Concerns
4) A 2025 016 45-53 Courtland Avenue East - No Concerns
5) A 2025 017 1157 & 1175 Weber Street East- No Concerns
6) A 2025 018 - 60 Wellington Street North - No Concerns
7) A 2025 019 - 114 Madison Avenue South- No Concerns
8) A 2025 020 - 15 Palace Street - No Concerns
9) A 2025 - 021 - 2880 King Street East No Concerns
10) A 2025-022 - 25 Haldimand Street - No Concerns
11) A 2025-023 - 140 Byron Avenue No Concerns
12) A 2025-024 - 507 Stirling Avenue South No Concerns
13) A 2025-025 - 93-95 Kinzie Avenue No Concerns
14) A 2025-026 - 250 Frederick Street No Concerns
15) A 2025-027- 13 Chicopee Park Court No Concerns
16) A 2024-096 - 165 Fairway Road North No Concerns
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ
March 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting March 18, 2025
Applications for Minor Variance
A 2024-096 165 Fairway Road North
A 2025-013 160 Grand River Boulevard
A 2025-014 51 Meadowridge Street
A 2025-015 1180 Union Street
A 2025-016 45-53 Courtland Avenue East
A 2025-017 1157-1175 Weber Street East
A 2025-018 60 Wellington Street North
A 2025-019 114 Madison Avenue South
A 2025-020 15 Palace Street
A 2025-021 2880 King Street East
A 2025-022 25 Haldimand Street
A 2025-023 140 Byron Avenue
A 2025-024 507 Stirling Avenue South
A 2025-025 93-95 Kinzie Avenue
A 2025-026 250 Frederick Street
A 2025-027 13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B 2025-008 11a & 11b Chicopee Park Court
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you 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 - 11a and 11b Chicopee Park Court - B 2025-008
Date:Thursday, March 13, 2025 1:19:52 PM
Hello,
We are in receipt of your Application for Consent, B 2025-008 dated 2025-02-21. 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,
Land Use Planning Department
Hydro One Networks Inc.
Email: LandUsePlanning@HydroOne.com
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:Kitchener - 13 Chicopee Park Court - B 2025-007
Date:Thursday, March 13, 2025 1:18:24 PM
Hello,
We are in receipt of your Application for Consent, B 2025-007 dated 2025-02-21. 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,
Land Use Planning Department
Hydro One Networks Inc.
Email: LandUsePlanning@HydroOne.com