HomeMy WebLinkAboutDSD-2025-124 - B 2024-006 - 142 Carson Drive
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