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HomeMy WebLinkAboutCA Agenda - 2025-04-151 KITc�ivER Committee of Adjustment Agenda Tuesday, April 15, 2025, 10:00 a.m. -12:00 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 (Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, and Ontario Regulations 197/96 and 200/96, as amended) TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on Tuesday, APRIL 15, 2025, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants or Agents must attend in support of the application. This is a public meeting. Anyone having an interest in any of these applications may make an oral submission at the meeting or provide a written submission for Committee consideration. Please note this is a public meeting and will be livestreamed and archived at www.kitchener.ca/watchnow. The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date. Pages 1. COMMENCEMENT 2. MINUTES 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form. 4. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 A 2025-013 -160 Grand River Boulevard, DSD -2025-177 7 Requesting a minor variance to permit a building to have a southerly setback of 5.1 m from the property line and a westerly setback of 2.3m from the property line rather than the minimum required 7.5m to recognize the location of an existing building proposed to be used for snow/salt and yard maintenance equipment storage in accordance with Conditionally Approved Site Plan Application SP24/039/G/AA. 6. NEW BUSINESS 6.1 A 2025-028 - 250 Riverbend Drive, DSD -2025-178 25 Requesting a minor variance to permit 52 parking spaces (1 parking space per 57sq.m of gross floor area) rather than the minimum required 90 parking spaces (1 parking space per 33sq.m of gross floor area) to facilitate the development of a new 2 -storey building on the existing site of the Humane Society in accordance with Conditionally Approved Site Plan SP/24/066/R/SH. 6.2 A 2025-029 - 315 Wellington Street North, DSD -2025-180 37 Requesting minor variances to permit an accessory structure to have a lot coverage of 16.2% rather than the maximum permitted 15%; to permit a 1.1 m unobstructed walkway to share a driveway whereas the Zoning By-law does not permit this; to permit a driveway/parking in the rear yard to have a width of 9.8m rather than the maximum permitted 8m; to permit a portion of the driveway that overlaps with the walkway to have a distinguishable material whereas the Zoning By-law requires the driveway to be comprised of consistent material; to permit a westerly side yard setback of 1.1 m rather than the minimum required 1.2m to facilitate the development of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property. 6.3 A 2025-030 - 63 General Drive, DSD -2025-163 54 Requesting a minor variance to permit a rear yard setback of 3.3m rather than the minimum required 7.5m to facilitate the construction of a rear yard addition onto the existing detached dwelling. 6.4 A 2025-031 - 26 Berwick Place, DSD -2025-153 63 Requesting a minor variance to permit a lot width of 8.2m rather than the minimum required 10.5m to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. 6.5 A 2025-032 - 217 Vanier Drive, DSD -2025-146 75 Requesting a minor variance to Zoning By-law 85-1 to permit an Additional Dwelling Unit (ADU)(Detached) to have an area of 85.5sq.m. rather than the maximum permitted 80sq.m. to facilitate the conversion of an existing detached garage into a Dwelling Unit. 85 Page 2 of 282 6.6 A 2025-033 - 887 Frederick Street, DSD -2025-149 Requesting minor variances to permit a Corner Visibility Triangle (CVT) to be 6.5m from the intersection of the street rather of the required 7m; to permit ingress and egress to occur in a backward motion whereas the Zoning By-law only permits it in a forward motion; to permit 1 Visitor Parking Space (0.05 visitor parking spaces per dwelling unit) rather than the minimum required 3 Visitor Parking Spaces (0.15 visitor parking spaces per dwelling unit); and, to permit an exterior side yard setback abutting Avon Road of 1.2m rather than the required 3m to facilitate the development a multiple dwelling having 20 dwelling units. 6.7 A 2025-034 - 34 Hohner Avenue, DSD -2025-145 100 Requesting a minor variance to Zoning By-law 85-1 to permit a front yard setback of 3.1 m rather than the required 4.5m; and, to permit an easterly side yard setback of 0.7m rather than the minimum required 1.2m to facilitate the conversion of the existing duplex into a triplex. 6.8 A 2025-035 - 53 Rusholme Road, DSD -2025-154 111 Requesting a minor variance to permit a westerly and easterly side yard setback of 1.8m rather than the minimum required 3m to facilitate the construction of a new 2 -storey detached dwelling with a 3 -car garage. 6.9 A 2025-036 - 15 Scenic Drive, DSD -2025-165 123 Requesting minor variances to Zoning By-law 2019-051 to permit 16 parking spaces (1.14 parking spaces per dwelling unit) rather than the minimum required 17 parking spaces (1.15 parking spaces per dwelling unit) to facilitate the addition of 3 dwelling units to a multiple residential development having 11 dwelling units for a total of 14 dwelling units in accordance with Conditionally Approved Site Plan Application SP24/053/S/TS. 6.10 A 2025-037 - 265 Breithaupt Street, DSD -2025-156 131 Requesting minor variances to permit a Fitness Centre use in the 'EMP - 1' Zone where a Fitness Centre is not a permitted use in this Zone; and, to permit 25 parking spaces rather than the minimum required 82 parking spaces. 6.11 A 2025-038 - 206 Shelley Drive, DSD -2025-164 144 Requesting minor variances to permit an existing detached garage within the front and exterior side yards whereas the Zoning By -Law does not permit this; and, to permit a rear yard setback of 4.5m rather than the required 7.5m to recognize the location of the existing dwelling and to facilitate the development of 2 Additional Dwelling Units (ADU)(Detached) on the subject property. 6.12 A 2025-039 - 195 Victoria Street North, DSD -2025-166 155 Requesting a minor variance to permit a partially enclosed roof structure Page 3 of 282 over below grade stairs to be located 2.1m from the rear lot line rather than the minimum required 7.5m. 6.13 A 2025-040 -160 Charles Best Place, DSD -2025-171 167 Requesting a minor variance to permit a building height of 4.9m for the proposed Additional Dwelling Unit (ADU)(Detached) rather than the maximum permitted 4.5m; and, to permit an exterior side yard setback of 4.2m rather than the required 4.5m to facilitate the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property. 6.14 A 2025-041 - 249 West Oak Trail, DSD -2025-161 177 Requesting minor variances to Zoning By-law 85-1 to permit 17 visitor parking spaces (10% of the required parking) rather than the minimum required 35 visitor parking spaces (20% of the required parking); and, to permit 18 parking spaces (10% of the required parking) to have a width of 2.4m and a length of 4.8m (compact spaces) rather than the required width of 2.6m and length of 5.5m, to facilitate the development of a multiple dwelling having 172 dwelling units. 6.15 B 2025-009 - 179 Jansen Avenue, DSD -2025-160 186 Requesting consent to create an easement having a width of 20.1 m, a depth of 38m and an area of 760sq.m, over lands municipally addressed as 179 Jansen Avenue, to facilitate driveway access to the rear yards of adjacent land municipally addressed as 177 and 181 Jansen Avenue. 6.16 B 2025-010 - 57 & 59 Iron Gate Street, DSD -2025-158 201 Requesting consent to sever a parcel of land having a width of 7.8m, a depth of 31.8m and an area of 251sq.m. The retained land will have a width of 7.8m, a depth of 31.8 m and an area of 251 sq. m. The consent will allow each half of an existing semi-detached dwelling to be dealt with independently. 6.17 B 2025-011 - 400 Westwood Drive, DSD -2025-176 216 Requesting consent to sever a parcel of land having a width of 46.6m, a depth of 39.4m and an area of 1,789sq.m to convey as a lot addition to the property municipally addressed as 787 Glasgow Street. The retained land municipally addressed as 400 Westwood Drive, will have a width of 49.9m, a depth of 41.3m and an area of 2,501sq.m and will contain an existing detached dwelling. 6.18 B 2025-012 -112 Kehl Street, DSD -2025-167 235 Requesting consent to sever a parcel of land having a width of 8.3m, a depth of 46.3m and an area of 388sq.m. The retained land will have a width of 8.3 m, a depth of 46.3m and an area of 388sq.m. The consent will allow each half of an existing semi-detached dwelling duplex to be dealt with independently. Page 4 of 282 6.19 B 2025-013 & A 2025-042 -1100 Union Street, DSD -2025-169 252 Requesting consent to sever a parcel of land having a width of 17.1 m on Union Lane, a depth of 16.8m and an area of 235sq.m and is proposed for a new detached dwelling. The retained land will have a width of 16.8m, a depth of 22.9m and an area of 378sq.m and will contain an existing triplex dwelling. Minor variances are also being requested to permit the severed land not to have a frontage on a street whereas the Zoning By-law requires all lots to have a frontage on a street; and, to permit a rear yard setback of 5m rather than the required 7.5m, to facilitate the development of the new detached dwelling on the proposed severed parcel. 7. ADJOURNMENT 8. PLANNING ACT INFORMATION • Additional information is available at the Legislated Services Department, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener 519-741-2203 or by emailing CofA(a)kitchener.ca. • Copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca/meetings in the online Council and Committee calendar; see the meeting date for more details. • Anyone having an interest in any of these applications may attend this meeting. • Only the Applicant, Minister, specified person (as defined in Section 1 of the Planning Act) or public body that has an interest in the matter has the right to appeal of decisions of the Committee of Adjustment. These parties must make written submissions to the Committee prior to the Committee granting or refusing Provisional Consent otherwise, the Ontario Land Tribunal (OLT) may dismiss the appeal. Any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Marilyn Mills at marilyn.mills(a)kitchener.ca. If you wish to be notified of a decision, you must make a written request to the Secretary -Treasurer, Committee of Adjustment, Kitchener City Hall, 200 King St. W., Kitchener ON, N2G 4G7. The Notice of Hearing for this meeting was published in the Record on the 28th day of March, 2025. Marilyn Mills Page 5 of 282 Secretary -Treasurer Committee of Adjustment Page 6 of 282 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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: April 1, 2025 REPORT NO.: DSD -2025-177 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located 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. Page 7 of 282 rr ■ � �; _ lam' • ' mss. � � f4 ' •`.!, �e'7'l! � +IPAL �jR'� .� ' ! ��,' . - _ ' � .r r a Y • � �. ` .. ,. IV •. t i Figure 1: location Map of the Subject Property RE5-5 ��� � IAart^son Pjcw. sBDu i SL;- L L !SSR ] 0 hp's iib 1\ - uNo,µi11 _ 1tt G � R`SIR 1B 0 Figure 2: Zoning Map of The Subject Property rt The subject property is identified as a `Community Areas' on Map 2 — Urban Structure and is designated `Institutional' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Neighbourhood Institutional Zone (INS -1)' in Zoning By-law 2019- 051. Page 8 of 282 The purpose of this application is to recognize an existing 12 -square -metre shed that was added for salt storage as part of the property's development. The 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 (2) 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 accessory shed. Although the shed is too small to require a building permit, it must comply with the zoning by-law's setback requirements as it is not an accessory structure/building in a `Residential Zone' which could be located 0.6 metres from a lot line. Since the property abuts a low- 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. Minor Variance A2025-013 was deferred from the March 18, 2025, Committee of Adjustment Agenda for the following reasons: • Adjacent property owner advised they are not available to the attend the meeting this date, without accommodations, to provide further information that clarifies their written submission and matters they wish for the Committee to consider related to the variance. To allow an opportunity for further discussions related to the proposed variance. Planning Staff and the Ward Councillor visited the site on April 3, 2025, to meet with the Applicant and adjacent property owner to discuss the variance and provide additional information. Planning staff went to the site on February 28th, 2025, to install the Notice sign and review the site conditions. Page 9 of 282 Figure 3: Picture of The Storage Shed in Relation to the Abutting Residential Figure 4: Front Photo of The Subject Property with The Minor Variance Sign Page 10 of 282 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' 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. 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. If this structure/building were located in a `Residential' zone then the setback would 0.6 metres. Given the use of the accessory shed for storage of snow clearing and yard maintenance materials and equipment, which use is consistent with use of an accessory structure in a `Residential' zone, the setback of 5.1 metres from the south lot line and 2.3 metres from the west lot line, will be sufficient to mitigate the use of the shed for accessory use to the principal institutional use. 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 limited visual and functional impact on adjacent properties. The existing fence, a visual barrier, helps mitigate visibility, and the shed's use for salt storage does not generate noise or other disturbances. The accessory shed will operate the same as an accessory Page 11 of 282 structure on a `Residentially' zone property with setbacks greater than 0.6 metres, 5.1 metres and 2.3 metres, respectively. Therefore, the effects of the variance are considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate for the use of the lands as it will allow an accessory structure, which operates as it would in a `Residential' zone, to be efficiently located on the site, with the reduced setbacks allowing the parking area and church to function efficiently and appropriately. 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(a)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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Page 12 of 282 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-2025-090.docx Page 13 of 282 Staff Report r J R 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located 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. Page 14 of 282 rr ■ � �; _ lam' • ' mss. � � f4 ' •`.!, �e'7'l! � +IPAL �jR'� .� ' ! ��,' . - _ ' � .r r a Y • � �. ` .. ,. IV •. t i Figure 1: location Map of the Subject Property RE5-5 ��� � IAart^son Pjcw. sBDu i SL;- L L !SSR ] 0 hp's iib 1\ - uNo,µi11 _ 1tt G � R`SIR 1B 0 Figure 2: Zoning Map of The Subject Property rt The subject property is identified as a `Community Areas' on Map 2 — Urban Structure and is designated `Institutional' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Neighbourhood Institutional Zone (INS -1)' in Zoning By-law 2019- 051. Page 15 of 282 The purpose of this application is to recognize an existing 12 -square -metre shed that was added for salt storage as part of the property's development. The 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-law's setback requirements. Since the property abuts a low-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. Planning staff went to a site visit on February 28th, 2025 Figure 3: Picture of The Storage Shed in Relation to the Abutting Residential Property Page 16 of 282 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 Page 17 of 282 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 mitigate visibility, and the shed's use for 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 Page 18 of 282 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(a)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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 19 of 282 Region of Waterloo March 4, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-201 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o no fwate rl oo. ca 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 HaIdimand 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 Document Number: 4920494 Version: 1 Page 20 of 282 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, -Tfo�— Tanikia Kinear, C.E.T. Senior Transportation Planner (519) 897-5691 Document Number: 4920494 Version: 1 Page 21 of 282 C and Rig CI) 0 4 \,station March 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — 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 B2025-008 11a & 11b Chicopee Park Court via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 22 of 282 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 23 of 282 From: Dianna Saundersvn To: Marilyn Mills: Connie Owen Subject: Fw: 160 Grand River Blvd Date: Monday, March 17, 2025 4:27:40 PM Please see the following written summary for tomolTow's CofA meeting. Thanks Dianna Get Outlook for 10S From: Sent: Monday, March 17, 2025 4:22:43 PM To: Dianna Saunderson<Dianna.Saunderson@kitchener.ca> Subject: 160 Grand River Blvd You don't often get email from Learn why this is im ant Dear Dianna, On behalf of my mother, I would like to ask for the Committee of Adjustment to defer 160 Grand River Blvd for personal reasons. if you require anything else please feel free to contact me. Take care, Alex Paroski Page 24 of 282 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Sean Harrigan, Senior Planning Technician, 519-783-8934 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: April 4, 2025 REPORT NO.: DSD -2025-178 SUBJECT: Minor Variance Application A2025-028 — 250 Riverbend Drive RECOMMENDATION: That Minor Variance Application A2025-028 for 250 Riverbend Drive requesting relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051, to permit a minimum parking requirement of 52 parking spaces (1 parking space per 57 square metres of gross floor area) instead of the minimum required 90 parking spaces (1 parking space per 33 square metres of gross floor area), in accordance with Site Plan Application SP24/066/R/SH, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review the requested minor variance to lower the required minimum parking spaces for the existing and proposed buildings in accordance with Site Plan Application SPA24/066/R/SH. • The key finding of this report is that staff are satisfied that the minor variance meets the 4 tests in the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the northeast side of Riverbend Drive, south of the Grand River, and east of Highway 7. The property has approximately 350 metres of frontage on Riverbend Drive and currently contains the Humane Society of Kitchener Waterloo and Stratford Perth. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 25 of 282 Figure 1: Location Map (250 Riverbend Drive shown in Red) The subject property is identified as Industrial Employment Areas' and `Green Areas' on Map 2 — Urban Structure and is designated `Business Park Employment' and `Natural Heritage Conservation' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `General Business Park Employment Zone (EMP -5), with Site Specific Provisions(78), (79) and (83)' and `Natural Conservation Zone (NHC-1)' in Zoning By-law 2419-051. The proposed development, parking, and site alterations are contained entirely within the lands zoned `EMP -5 (78), (79), (83)' Zone. The purpose of the application is to review the requested minor variance to permit a minimum of 52 parking spaces instead of the required 94 parking spaces to facilitate the construction of a new building with 1,119 square metres of gross floor area located approximately 31 metres northwest of the existing building, which is proposed to remain. This new building is proposed to be used as additional space for existing employees and operations and to help alleviate overcrowding within the animal shelter. The proposed development cannot satisfy the requirement for a minimum of 90 parking spaces required by Zoning By-law 2.019-451 Section 5.5, Table 5-5 due to constraints with the NHC-1 zone, floodplain, and stormwater management concerns. Page 26 of 282 Figure 2: Site Plan Page 27 of 282 b�- r! �k i. „r of 4>n r! w i. „r r! 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 property is designated `Business Park Employment' and `Natural Heritage Conservation' on Map 3 — Land Use in the City's 2014 Official Plan. All existing and proposed development, site alterations, and parking are contained within the lands designated as `Business Park Employment' and do not impact the lands designated `Natural Heritage Conservation', which maintains the general intent of the `Natural Heritage Conservation' designation. As per Official Plan policy 15.D.6.34, new development or redevelopment will contribute to a quality image of the Business Park Employment Area by incorporating quality building and landscape designs and where possible, locate loading areas and large parking areas at the side and rear of buildings. The parking for the existing and proposed building is located along the side and rear of the proposed new building and as such, satisfies this Official Plan policy. As per Official Plan section 13.C.8, the general objectives for vehicle parking are to ensure adequate parking standards are in place and to reduce parking space demand in support of active transportation and transit. To this regard, staff are satisfied that the proposed parking reduction is adequate for both the existing and proposed buildings for the Humane Society given that the number of employees and daily operations are not expected to change after the new building is complete. Furthermore, the proposed development satisfies the minimum required Class A and B Bicycle Parking thereby supporting active transportation. As such, staff are satisfied that the proposed variance will maintain the general intent of the Official Plan. General Intent of the Zonina By-law The general intent of the Zoning By-law with respect to minimum parking requirements are to ensure there is adequate parking located on-site and to ensure no negative impacts to adjacent properties or city streets due to parking demands. To this regard, the applicant has provided parking date that confirms the average daily parking use is about 38 parking spaces per day. The proposed new building is strictly for more space for existing services and employees, and the Humane Society is not adding addition personnel to their operations. As such, the parking demand is not expected to increase and staff are satisfied that the proposed 52 parking spaces are adequate for the use of the property. It is staff's opinion that the variance will maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? As mentioned above, the average daily parking use of 38 parking spaces is well below the proposed 52 parking spaces for the existing and proposed buildings. As such, staff are satisfied that the effects of the proposed variance are minor in nature. Page 29 of 282 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed new building and modifications to the existing parking area are considered desirable for the appropriate development and use of the land as it will allow the Humane Society to expand their operations and intensify the use of the property. Furthermore, the reduced amount of required parking will allow for more landscaping and green spaces which is generally desirable for the subject property. As such, staff are satisfied that the proposed variance is desirable for the appropriate development of the land. Grand River Conservation Authority Comments: The GRCA has no objection to the proposed minor variance application. Environmental Planning Comments: Environmental and Tree Management concerns have been addressed via Site Plan Application SP24/066/R/SH. 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 250 Riverbend Drive contains a portion of the Walter Bean Trail CHL. However, the proposed development is limited to the paved area and is not anticipated to have any adverse impacts on the CHL. Thus, staff have no concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: All Parks requirements will be addressed through Site Plan Application SP24/066/R/SH. Transportation Planning Comments: Transportation staff discussed the parking requirement with the applicant (DC&F Corp.) as part of the Site Plan approval process. In January 2025, parking utilization data was provided for the existing use and after reviewing the information, Transportation Services have no concerns with the proposed 52 minimum parking spaces (1 space per 57 m2 of GFA) instead of 90 minimum parking spaces (1 space per 33 m2 of GFA) as adequate parking will be provided on-site. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Page 30 of 282 Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 31 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 32 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 33 of 282 Cand Rig Cl) 0 4 \'station March 31, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: A2025-028 — 250 Riverbend Drive Marilyn Mills City of Kitchener 200 King Street West Kitchener, ON N2G 407 Dear Marilyn Mills, Re: Application for Minor Variance A 2025-028 250 Riverbend Drive, City of Kitchener The Humane Society of Kitchener Waterloo & Stratford Perth via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor variance application requesting reduced parking requirements. Recommendation The GRCA has no objection to the proposed minor variance application. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property contains the Grand River, its associated floodplain and erosion hazard, and the regulated allowance adjacent to these features. A copy of GRCA's resource mapping is attached. Due to the presence of the above -noted features, most of the subject property is regulated by the GRCA under Ontario Regulation 41/24 — Prohibited Activities, Exemptions and Permits Regulation. Any future development or other alteration within the regulated area will require prior written approval from GRCA in the form of a permit pursuant to Ontario Regulation 41/24. It is understood that the proposed minor variance application requests reduced parking requirements to facilitate a new building on the property. GRCA staff previously reviewed the proposed development through the site plan approval process and the development is outside of the regulated area noted above. As such, the GRCA has no objection to the approval of this minor variance application. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 34 of 282 We wish to acknowledge receipt of the applicable plan review fee associated with the review of SP/24/066/R/SH. As such, a plan review fee for this application is not required. Should you have any questions, please contact me at 519-621-2763 ext. 2228 or aherreman@grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Enclosed: GRCA Mapping Copy: The Humane Society of Kitchener Waterloo & Stratford Perth (via email) DC & F Corp. (via email) Page 35 of 282 CU M -i $ � t N4 C U LY Q A] O FA LO 0 d crcc6 [C 0 6 G C y wc 00 cr C) d .Z; 02 C7 E m p a w a. a of of L ar aD m IC M �. . UC 'p` Q a 2 ry y 4i m m C Lll 111 Ll! LiJ 9 E r [G W W LL C!] C1 �@ fJ7 O d d d�y Y Y Y Y d` G1 d d' Cl' 7 J �I .�J Q,. U m .2 4 d CLI 1,2 O I LL co rn i ora�a8 � 8 n 4 � it .. J is LO cq :I..wA9iR t r, L W L 7yJII ��= � �y Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: March 27, 2025 REPORT NO.: DSD -2025-180 SUBJECT: Minor Variance Application A2025-029 - 315 Wellington St. N. RECOMMENDATION: That Minor Variance Application A2025-029 for 315 Wellington Street North requesting relief from the following Sections of Zoning By-law 2019-51: i) Section 4.1 d) and Section 7.3, Table 7-2, to permit accessory structures to have a lot coverage of 16.2% instead of the maximum permitted 15%; ii) Section 4.12.3 n) to permit a 1.1 metre unobstructed walkway to share part of the driveway, whereas the Zoning By-law does not permit obstruction in the walkway; iii) Section 5.4 f) to permit a driveway to have a width of 9.8 metres in the rear yard instead of the maximum permitted 8 metres; iv) Section 5.4 k) to permit the driveway portion that overlaps with the walkway to have a distinguishable material, whereas the Zoning By-law requires the driveway to be comprised of consistent material; and v) Section 7.3, Table 7-2, to permit a side yard setback of 1.1 metres for the principal dwelling instead of the minimum required 1.2 metres; to facilitate the development of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property, generally, in accordance with drawings prepared by The Hive Design Co., dated February 13, 2025, BE APPROVED subject to the following conditions: 1. That the Owner shall: a) Prepare an Arborist Report or Tree Preservation Plan for the Subject Lands to the satisfaction of Environmental Planning, in accordance with the City's Tree Management Policy, to be approved by the City's Manager, Site Plans *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 37 of 282 and City's Director, Parks and Cemeteries, 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 prior approval of the City's Manager, Site Plans. 2. That the Owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 3. That the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: "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 and vibration attenuating measures in the design of the development and individual lots, blocks or units." REPORT HIGHLIGHTS: • The purpose of this report is to review minor variances to allow for an Additional Dwelling Unit (Detached) in the rear yard of the subject property • The key finding of this report is that the requested 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. Page 38 of 282 BACKGROUND: The subject property is situated in the Mt. Hope Huron Park neighbourhood, located north of Victoria Street North and west of Lancaster Street West. It currently contains a two- storey Single Detached Dwelling with one Additional Dwelling Unit (Attached) (Duplex) Figure 1: Location Map The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of this application is to review minor variances to facilitate the development of an Additional Dwelling Unit (ADU) in the form of a detached building located in the rear yard of a property that contains a Single Detached Dwelling with an Additional Dwelling Unit (ADU){Attached} (Duplex). The property also features a shared driveway with the abutting lot, accessible through an existing shared right-of-way easement. Page 39 of 282 Figure 2: Zoning Map To accommodate the proposed detached dwelling, relief from the Zoning By-law is required for the following variances: • The existing principal dwelling has a side yard setback of 1.1 metres, whereas the Zoning By-law requires a minimum of 1.2 metres; • The total lot coverage for accessory structures, including the proposed detached dwelling and a bicycle parking shed, is 15.2%, exceeding the maximum permitted 15%; • The walkway leading to the detached dwelling is partially obstructed by the driveway, impactiing access to the rear yard parking spaces: and • The rear yard parking spaces result in a driveway width of 9.8 metres, which overlaps with the walkway and combines two different materials, creating inconsistency in the surfacing material. A building permit was issued in 2023 to permit an Additional Dwelling Unit (ADU)(Attached), including two rear -yard parking spaces accessed through the existing front driveway. The current proposal to add an Additional Dwelling Unit (ADU) (Detached) in the rear yard is under review through the Zoning Occupancy Certificate process, which is being reviewed by Zoning Services staff. Page 40 of 282 Figure 4: The front view of the principal building Page 41 of 282 EXIST. w�SIGEN71A a M. BD. FENOE ON 11NE T N tlt IDE14 N�,N - PieaPosEa RmxumaocvcLE RAGE STB _ E 91QEU GARAGE E%TEW)EKI6T. WD_RO. (28cm{. {RFDSmxt Bm D.A96'C 9PUT9 j € FENCE FOR PRIVACY � E E PROP. EM ASPHALT DRIVE, 0,91m T4 E d' a E%EST_TREE PRaPERrr UNE E%iST.REFU6EfREGY0.1Np PAE4 O - ,tea, D� e 8 3 9 m �•PRORERTY Z _ ____ 3.1 Sm EETeACA(IP➢41 B)5m 0&br'. �:� �^�it.b&n G'.' E%6Y. N � —_ LINE Rm .1.93m r �, i E%iET FENCE 51p`E YaRp EX. S-2 W 4lelV 1 STOREY SIDED E s G ao1m c C0 1- M 1 ExIST. iANFisCMIN4 E 1 AooirioNai r DWELLING UNIT TaA9PNALT E%Tal :: aONc PAn 1 2 STOREY BRICK ut a E Ia_, n,Dp FpatPRlNt AaFA ,a,rn 1,. v+ j b�' [kiEKIST W'�k; [eDWELLING •o �.IST t: Lyy Oxy",�npf l� R'+ 0 ONUNIIµS] Z � ml II zany'._ w MATCH a C] .1: TREEMATERIAL (a E ENTRY PORCH E Z n (4.—1 F •. a.&n ism PROJ_ECrIO ) -uYRCPO, SETBACK n -. E 1=111 �' E ! 3 6 - ae "G q I, IT ASPHNY 3W,REDDRNE O.Rm EAWESDOwN3POUT .+YF1l+Na..H� ei r..�c _. E �' ^^"N!+T W VI CJ CTICN, WATER TB DISCHARGE ON + — E --T. RETAINING WDLL LIATCHwurcwnOv EA6EMENT EM MST. AEPNALT DRIVEWAY NRTCNED AREA INgCATE3 PROPOSM i.im UNOBSTRUCTED EMISTIwc 2 STOREY BRICK P 11)E NO PARKING' SIGNS ALONG END'I LENGTH aF I I. SITE PLAN WANwAYPRONINEPAwINa STONES IN CONTRASTING COLOUR INC WAKWnY R�TEDs,�NON HApsE ExTE RIa L A PAIN 1E° 1 1:750 TOASPHALT DRIVEWAY Nw ImELL / v t a�T SIGN ON GRO4NajW SP -1 SCALE: Figure 4: The front view of the principal building Page 41 of 282 Planning staff conducted a site inspection on Friday, March 28, 2025, Figure 5: The rear view of the principal building with the rear patio and the shared driveway Figure 6: The rear yard where the detached dwelling will be, with the walkway and the rear parking spaces REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.0, 1990 Chap. P 13, as amended, Planning staff offers the following comments: Page 42 of 282 General Intent of the Official Plan The subject property is designated 'Low Rise Residential'. This designation places emphasis on accommodating a full range of low-density housing types, which include single detached dwellings, additional dwelling units attached and detached. The city will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. Policy 4.C.1.24 of the City's Official Plan states that: "4.C.1.24. The City, in accordance with Planning Act and other applicable legislation, will permit a stand-alone additional dwelling unit (detached), as an ancillary use to single detached dwellings, semi -detach dwellings and street townhouse dwellings. The following criteria will be considered as the basis for permitting an Additional Dwelling Unit (ADU)(Detached). a) the use is subordinate to the main dwelling on the lot; b) the use can be integrated into its surroundings with negligible visual impact to the streetscape; c) the use is compatible in design and scale with the built form on the lot and the surrounding residential neighbourhood in terms of massing, height and visual appearance; and, d) other requirements such as servicing, parking, access, stormwater management, tree preservation, landscaping and the provision of amenity areas." In addition, section 11 - Urban Design and policies relating to "Safety", Policy 11.C.1.15 states that: "11.C.1.15 Development applications will be reviewed to ensure that they are designed to accommodate fire prevention and timely emergency response." The proposal is to add a detached dwelling in the rear yard conforms with the Official Plan policies. In addition, staff consulted with the Fire Prevention Staff and confirmed that there are no concerns regarding walkway safety as there is a legal easement/shared right-of- way and no parking is permitted by the owners on either side of the driveway to obstruct the walkway. Based on the above, the variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Existing setback: The Zoning By-law requires the entire site, not just the newly proposed detached structure, to comply with applicable regulations, including the required setbacks. This requirement ensures adequate separation between buildings, maintains access to building systems and equipment, and supports the site's overall functionality. Although the principal dwelling was legally constructed with a reduced side yard setback of 1.1 metres at the front wall, the introduction of a detached ADU triggers a review of the entire property for compliance. As such, the existing dwelling is considered non -complying. In this case, the side yard setback of 1.1 metres occurs only at the front portion of the principal dwelling and represents a minor variance of just 0.1 metres. The setback Page 43 of 282 increases toward the rear of the building, reaching approximately 1.42 metres. This area is landscaped with grass, accommodates air conditioning units and the site's gas meter, and provides sufficient space for access and light to the side -facing windows. Accessory lot coverage: The Zoning By-law permits a maximum lot coverage of 15% for accessory structures, including detached dwelling units and accessory sheds, to ensure that properties maintain adequate open space, drainage capacity, livability, and rear yard functionality. The additional coverage primarily results from including a small front porch on the detached Accessory Dwelling Unit (ADU) and a shed to accommodate the required Class C bicycle parking, both of which contribute to the site's livability and functionality without generating negative impacts on neighboring properties. With that, the detached dwelling still meets the required setback for the detached dwelling, the separation requirement, and the landscaped area required for the front and the rear of the property. Driveway width in the rear yard: Limiting the driveway width in the rear yard to 8 metres is intended to preserve landscaping and amenity space, while minimizing the extent of impermeable surfaces, which helps manage stormwater on-site. In this case, the proposed driveway exceeds the 8.0 -metre limit to accommodate the required parking spaces. However, the property continues to meet the rear yard landscaping requirements, including a patio serving the principal dwelling and approximately 3.1 metres of amenity space to the rear of the proposed detached dwelling. These landscaped areas provide sufficient space for outdoor use and stormwater infiltration. Additionally, the wider driveway is located at the rear of the property and is not visible from the street, combined with the walkway, thereby avoiding any negative impact on the streetscape or neighbourhood character. The overlap of the driveway with the unobstructed walkway and the driveway material: The Zoning By-law requires an unobstructed walkway to provide safe and clear access to detached dwellings, which also serves as the access for emergency services. Additionally, the by-law requires that driveways be constructed using consistent materials to support cohesive design and safe vehicle movement. In this case, the proposed rear yard layout partially overlaps the driveway and the required walkway, creating an area with mixed surface materials. The overlap occurs only when vehicles access the rear parking spaces, and the walkway remains clear and unobstructed at all other times. The use of different materials helps visually distinguish the walkway, which is essential for ensuring it remains identifiable, accessible, and safe for pedestrian circulation and emergency access. This variance was reviewed to the satisfaction of the Fire Prevention Team and confirmed no concerns as per the email dated February 18, under Attachment -1 Based on the above, the requested variances meet the intent of the zoning By-law. Page 44 of 282 Is/Are the Effects of the Variance(s) Minor? Existing setback: The existing setback variance is minor as it represents a reduction of only 0.1 metres and is limited to the front portion of the side wall. The setback increases to approximately 1.42 metres toward the rear of the building, maintaining adequate separation and light access. Accessory lot coverage: The accessory lot coverage exceeds the maximum by only 1.2%, which equals approximately 6 square metres. This minor increase accommodates the required bicycle parking shed and a covered front porch on the detached dwelling, contributing to improved site functionality and architectural design. Driveway width in the rear yard: The driveway in the rear yard widens to 9.8 metres, but only beyond the rear patio area. At the front of the property, the driveway is just 1.6 metres wide, and it is shared with the abutting lot through an existing easement/shared right-of- way, creating a combined width of 3.1 metres. Given this configuration, the impact of the increased driveway width is minimal, especially as it is located at the rear and not visible from the street. The overlap of the driveway with the unobstructed walkway and the driveway material: The required 1.1 -metre unobstructed walkway is maintained across the site. The overlap with the driveway occurs only when vehicles are actively accessing the rear parking spaces. This is due to the shared central driveway between the subject property and the abutting lot. The use of different materials within the overlap area serves to clearly distinguish the walkway, ensuring it remains visible, functional, and accessible when not in use by vehicles Based on the above, the requested variances are considered minor in nature, with no significant negative impacts 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 requested variances are desirable and appropriate as they will facilitate a form of gentle intensification of the subject property with the development of an additional dwelling unit in the rear yard, that will support the City's Housing Pledge and will make use of existing infrastructure. Environmental Planning Comments: There may be a tree in shared ownership with 317 Wellington Street North that would be impacted by the ADU footprint. Please include the standard variance condition to complete, obtain approval and implement an arborist's report following the methods of the Tree Management Policy (TP/EP) prior to any demolition, site alteration, grading or Building Permit issuance. 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 315 Wellington Street North is located in the Mt. Hope/Breithaupt Neighborhood CHL. Since Page 45 of 282 the ADU is located in the rear of the property, staff have no concerns. However, the applicant is encouraged to use materials, massing, and design that is compatible with the character of the neighborhood. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the detached ADU is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: Transportation Services will support the request to allow a 1.1 metre walkway to overlap with the exiting driveway. The Region of Waterloo Comments: 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. Metrolinx Comments: The subject property is located within 300 metres of the Metrolinx Guelph Subdivision, which carries Metrolinx's Kitchener GO Train service. GO/HEAVY-RAIL — CONDITIONS OF APPROVAL As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. Environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah. Farogue(a)-metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). Page 46 of 282 The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: "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 and vibration attenuating measures in the design of the development and individual lots, blocks or units." STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 ATTACHMENTS: Attachment A — Email from the Fire Prevention Team Page 47 of 282 2/18/25, 12 59 PM thehivedesignco com Mail 315 Wellington Street North GmaiI Justine Nigro <justine@thehivedesignco.com> 315 Wellington Street North 1 message JenniferArends <Jennifer.Arends@kitchener.ca> Tue, Feb 18, 2025 at 12:32 PM To: ' Justine@thehivedesignco.com" <justine@thehivedesignco.com> Hi Justine, This email is to confirm that fire has no issue with the design at 315 Wellington Street North. A 1.1 m unobstructed walkway overlap with the driveway is acceptable as there is a legal easement and no parking is permitted by the owners on either side of the driveway. Thank you, JenniferArends Fire Prevention Officer I City of Kitchener 519-783-7983 1 jennifer.arends@kitchener.ca Page 48 of 282 https //mail google com/mail/u/0/?ik e2d39eac5a&view pt&search all&permthid thread f 1824417349567944419%7Cmsg f 1824417349567944419 1/1 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 49 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 50 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 51 of 282 � METROLINX BY EMAIL ONLY TO: Kitchener Committee of Adjustment 200 King Street W, Kitchener, ON N2G 4G7 DATE: March 31 st, 2025 RE: Adjacent Development Review: A2025-029 315 Wellington St N, Kitchener, ON Minor Variance Dear Committee of Adjustment, Metrolinx is in receipt of the Minor Variance application for 315 Wellington St N, Kitchener to facilitate the construction of an additional detached dwelling unit as circulated March 21St, 2025, and to be heard at Public Hearing on April 15th, 2025. 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 GO Train service. GO/HEAVY-RAIL - CONDITIONS OF APPROVAL • As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: o 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 and vibration attenuating measures in the design of the development and individual lots, blocks or u n its. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street I Toronto I Ontario I M5J 2N8 :6t:: METROLIN)C 1 1 Page 52 of 282 Adjacent Development Review: A2025-029 315 Wellington St N, Kitchener, ON Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"). IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night (provided that doing so is not contrary to law applicable to Metrolinx) with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations. THIS Easement and all rights and obligations arising from the above easement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of a party hereto, if such party comprises more than one person, shall be joint and several. Easement in gross. Page 53 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Ella Francis, Student Planner, 519-783-8602 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: April 2, 2025 REPORT NO.: DSD -2025-163 SUBJECT: Minor Variance Application A2025-030 — 63 General Drive RECOMMENDATION: That Minor Variance Application A2025-030 for 63 General Drive requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit a rear yard setback of 3.3 metres instead of the minimum required 7.5 metres to facilitate the construction of a rear yard addition onto the existing detached dwelling, generally in accordance with drawings submitted with Minor Variance Application A2025-030, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review the Minor Variance Application to permit a rear yard setback of 3.3 metres instead of the minimum required 7.5 metres to facilitate the construction of a rear yard addition onto the existing detached dwelling. • 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of General Drive, near the intersection with Lancaster Street West, in the Bridgeport West neighbourhood. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 54 of 282 GENERAY DR MM Figure 1 — Location of subject property (outlined in RE[.) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Three Zone (RES -3)' in Zoning By-law 2019- 051. The purpose of the application is to facilitate the construction of a rear yard sunroom addition to the existing dwelling. The proposed sunroom would be in the location of an existing deck, which will be removed. The existing fireplace would be incorporated into the proposed sunroom. Lu Cr W L W 0 I I I I --------^�--� P f 4 1 sutil�o+e I ADIx7c" 1 29.2 I STOREY - I Figure 2 — Site Plan showing proposed rear yard addition Page 55 of 282 ALIINMAJY FASCK RM- mD saivr. I I JI I 4 REAR ELEVATION Shu_E: 311E' � I' -U' EGM C1MOEY Ex. FEMPJACE `!L3 1S3I11 -iT. LiJ �yI ALIIYIWM PA=k DUEND DIMNEF 7 Rn AND SVW I PT C9E114M Pi LFJ 3I I I I� ��71 I I I d I I — fI R! H! SIDE ELEVATIDN Figure 3 — Rear and side elevation of the proposed rear yard addition. Figure 4 — Front of subject property from General Drive Page 56 of 282 Figure 5 — View of rear yard facing west showing existing deck and fireplace. Figure 6 — Second view of rear yard facing southwest. 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: Page 57 of 282 General Intent of the Official Plan The subject property is designated `Low Rise Residential' in the City's Official Plan. The intent of this land use designation is to encourage a range of different housing to achieve a low rise built form in the neighbourhood. The proposed rear yard addition for a sunroom is a natural extension of the existing detached dwelling and will still be used for amenity area in the form of indoor rather than outdoor amenity area. In Planning Staff's opinion, the variance will maintain the general intent of the Official Plan. General Intent of the Zoning By-law Section 7.3, Table 7-2 of Zoning By -Law 2019-051 states that the minimum rear yard setback for a single detached dwelling in a residential zone is 7.5 metres. The requested variance would reduce the rear yard setback to 3.3 metres. The purpose of minimum rear yard setbacks in residential zones is to provide a sufficient amenity area and privacy from neighbouring dwellings. In Planning Staff's opinion, sufficient amenity area for the dwelling will still be provided in the southeast area of the yard. The proposed sunroom will also function as an indoor amenity area for residents. Further, the reduced setback only impacts the east corner of the proposed sunroom. In Planning Staff's opinion, privacy concerns with the abutting properties would be mitigated by the existing fence. Therefore, the proposed variance will maintain the general intent of the Zoning By -Law. Is/Are the Effects of the Variance(s) Minor? The proposed addition will be in the location of the existing deck. It will also generally maintain the footprint of the existing deck and will incorporate the existing stone fireplace. The part of the proposed addition that would be closest to the rear lot line would be the existing fireplace. Staff do not anticipate any significant or adverse impacts resulting from the new building and proposed reduced rear yard setback. Therefore, the effects of the proposed variance are minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed sunroom addition will provide additional interior amenity space for the existing dwelling. Therefore, the proposed variance is desirable and appropriate for the use of the land. Environmental Planning Comments: Care should be taken when working in the rear yard not to negatively impact adjacent trees / vegetation. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the sunroom addition is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions. Page 58 of 282 Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 59 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 60 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 61 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 62 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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 2 DATE OF REPORT: March 28, 2025 REPORT NO.: DSD -2025-153 SUBJECT: Minor Variance Application A2025-031 — 26 Berwick Place RECOMMENDATION: That Minor Variance Application A2025-031 for 26 Berwick Place requesting relief from Section 4.12.3 g) of Zoning By-law 2019-051, to permit a lot width of 8.2 metres instead of the minimum required 10.5 metres to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yar of the subject property, generally in accordance with drawings prepared by J.H. Cohoon Engineering Ltd., dated January 16, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application requesting a lot width of 8.2 metres rather than the required 10.5 metres to be able to construct an Additional Dwelling (ADU)(Detached) in the rear yard of the subject property. • The key finding of this report is that the requested minor variance meets 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 City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Berwick Place in the Centreville Chicopee neighbourhood, which is predominantly comprised of low rise detached dwellings. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 63 of 282 r Figure 1 — Aerial Photo of the Subject Property The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to request relief from Section 4.12.3 g) to permit a lot width of 8.2 metres rather than the required 10.5 metres. Approval of the variance will allow for the development of an Additional Dwelling Unit (ADU)(Detached) for a total of two dwelling units on the subject property. Page 64 of 282 of �" ft--, ,�-L P ILIft Figure 2 — Proposed Site Plan Page 65 of 282 Planning Staff conducted a site visit on March 27, 2025 1 1 Aiwk:. Figure 3 — Site Photo of 26 Berwick Place Figure 4 — Existing side yard/driveway where the drive aisle and walkway are proposed, existing fence shown in the photo will be removed. Page 66 of 282 Figure 5 — Existing rear yard where the Additional Dwelling (Detached) is proposed, existing sheds and trees in the centre of the photo will be removed. 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' on Map 3 — 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 relief of lot width to facilitate the construction of an additional dwelling unit, totalling two 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. Page 67 of 282 General Intent of the Zoning By-law The purpose of the minimum lot width requirement is to ensure adequate area on any one property for the facilitation of constructing of an Additional Dwelling Unit (Detached) and to ensure there is sufficient living space and amenity space for the new dwelling unit. Planning Staff is of the opinion that the proposed 8.5 metre lot width still meets the general intent of the Zoning By-law as the pie -shape configuration of the lot is an average of 16 metres in the rear yard and 18 metres at the widest point, providing an ample amount of area to permit an ADU. As the proposed ADU will meet all other zoning requirements for the lot, it should function appropriately on a lot with this width. In the opinion of Planning Staff, the requested variance 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 8.2 metres is minor as the pie - shape configuration, although requiring relief for the front lot line, still permits an average of 16 metres in the rear yard and 18 metres at the widest point. As the lot size will allow the ADU and primary dwelling to function appropriately with adequate space to accommodate the ADU while still providing sufficient amenity space, the effect of the variance will be minor. 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 provide relief from the minimum lot width requirement is desirable for the appropriate of the land as it will facilitate the construction of a Detached ADU and will contribute to the housing supply and support the City's Housing Pledge. Environmental Planning Comments: Care should be taken when working in the rear yard not to negatively impact adjacent trees/vegetation. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the detached ADU is obtained prior to construction and demolition permits are obtained before removing any shed greater than 15 m2. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: Transportation have no concerns with this application. Region of Waterloo Comments: No concerns. Page 68 of 282 Grand River Conservation Authority Comments: 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 properties are not subject to Ontario 41/24 and, therefore, 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 69 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 70 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 71 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 72 of 282 From: To: CanmitDee of AdivaTmnt (SM) Subject: OWdon to Application for minor variance #A 2626-031 Date: Monday, ApnN 7, 2025 7:11:21 PM IYou don't often get email from . Leam mdU this is im ant Hello I am writing to voice my objection and concerns regarding the application A2025-031 for a "Minor " Variance. There is nothing minor about this request. The owners at 26 Berwick Place wish to build a secondary residence in the backyard. Their intention is to live in the new build and rent the primary residence. This info was shared with neighbours. This is a semi-detached home on a Crecent of which the majority are Semis. There is no room for such a property with out encroachment on the attached Serpi. There will be NO privacy what so ever for neighbours. We already have ongoing issues with parking on our Crescent. Renting; to multiple people in one Semi will increase this problem as well. I understand the city will allow some builds in back yards but on a Semi detached lot that is very small seems very unreasonable to me. I am concerned about this possible build and the negative impact it will have on my neighbours. That is why I have expressed these concerns and my objection to this application. Thankyou for your consideration. Patricia Hebaer Page 73 of 282 From: To: Committee of Adiustment (SM) Subject: A 2025-031-26 Berwick place Date: Thursday, April 10, 2025 9:54:05 AM [You don't often get email from . Learn why this is important at https://aka.ms/LeamAboutSenderldentification ] my name is phulcumarie diaram address .I have lived on for the passed 24 years. It was a very quiet neighborhood. But for the passed few years people been moving in and out.The have been renting there rooms out to other people. Neighborhood becoming very noisy and lots of traffic. Parking be coming an issue, people would park in front my house, at the end of my driveway, making it very hard backing out. Over crowded house and backyard parties, gets very noisy and lots of traffic. I don't want to see a building going up in the backyard of 26 Berwick place. Because all of the issues are caused by this address now I think it is going to get worse.Thank you for your understanding and consideration. P. Diaram Page 74 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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: April 1, 2025 REPORT NO.: DSD -2025-146 SUBJECT: Minor Variance Application A2025-032 — 217 Vanier Drive RECOMMENDATION: That Minor Variance Application A2025-032 for 217 Vanier Drive requesting relief from Section 5.22.1 b) of Zoning By-law 85-1 to permit an Additional Dwelling Unit (ADU)(Detached) to have an area of 85.5 square metres instead of the maximum permitted 80 square metres, to facilitate the conversion of the existing detached garage into a Dwelling Unit, in accordance with drawings prepared by Xclusive Design Studio Inc., dated January 17, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to permit the conversion of an existing detached garage into an Additional Dwelling Unit with an increased area. • The key finding of this report is that the requested minor variance meets all four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 75 of 282 BACKGROUND: so W1 Figure 1: Location Map — 217 Vanier arise (Outlined in Red) The subject property is located on the north-west side of Vanier Drive and Massey Avenue. It is in the Vanier neighbourhood which is primarily comprised of low-rise residential uses. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1 There is an existing detached garage in the rear yard measuring 85.5 square metres in area. The applicant is proposing to convert this structure into an Additional Dwelling Unit (ADU). However, the maximum permitted building footprint of an ADU is 80 square metres. Since the existing garage exceeds the maximum permitted building footprint, a minor variance is required to the allow the conversion without making any physical changes to the existing structure. Page 76 of 282 I F m 9E E wwM A m 9 ,EwA wR. I Nttwacero I 9 I � arnwwtkEm I - I I I I 213935 SF IIg8.865M1(33.5°4j LOT COVERAGE DF GPROEN 6NRE 915A86F@5.015M) 0 GFA - GARDEN 6NITE e1�Mn9aPYaaa caara9e) SF IR4AI SM) F -C NOBi Suri M[1 r_ql Bl11LOiNG HEIGHT-MNN OWELLPIG ].BB M(13'-1') 0 �AREAO TOTAL REAR YARD SF 1315 B1 SMI N!A 80M 11812.846FY 11e&9 M1 W!A t2 fiF [teTII26M1 N!A 3M flew. SFI 0. sa sM1 WA Figure 2: Proposed ADU Conversion Site Plan TOP OF ROOF [+14'3" [ L -- =E Q CLEAR CEILING HEIGHT [+9'31 .?E v E —4 E �?[V m Pc� _ N VINYL SIDING -- FLOOR LEVEL{,21 SPi. B0 RO owa%aa� H,an ea walex tarty raima mannary �" � eu eing In They sM1all —di—ga wm wad ayawtlnvewaya antl aM1sll wa ae eaiy Mra�t aaaeearwwaru� EXISTING FRONT ELEVATION Figure 3: Front Elevation of Existing Garage (Proposed ADU) Page 77 of 282 INN f giP, , F d .a 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' in the City's Official Plan. This designation emphasizes the importance of ensuring compatibility in building form with regard to massing, scale, and design, to facilitate the successful integration of diverse housing and building types while maintaining the low-density character of the neighbourhood. Policy 4.C.1.23 permit up to 3 Additional Dwelling Units (ADUs) subject to meeting any other applicable policies in the Official Plan and Zoning By-law regulations. 4. C. 1.23. The City may permit up to three additional dwelling units, attached and/or detached, on a lot which contains a single detached dwelling, a semi-detached dwelling or a street -townhouse dwelling as the principal use, unless otherwise limited by the policies of this Plan, and in accordance with the City's Zoning By-law, in order to provide additional housing options to Kitchener homeowners and residents. The proposed Additional Dwelling Unit use of the property conforms to the land use designation and is a desirable addition to a residential property. Staff is in opinion that requested variance to be able to convert the existing detached garage into an Additional Dwelling Units (ADU)(Detached) meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum building footprint is to ensure that accessory buildings remain secondary to the primary building. Although the building footprint of the accessory building exceeds the maximum permitted building footprint of 80 square metres as per Section 5.22.1 b) by 5.5 square metres, this increase remains proportionally smaller than the primary dwelling and does not overwhelm the primary dwelling. Staff is of opinion that the variance meets the general intent of the Zoning By-law by remaining secondary to the primary building. Is/Are the Effects of the Variance(s) Minor? The variance is minor in nature. The 5.5 square metres excess building footprint is not noticeable from the streetscape and does not impact the visual appearance of the property. The ADU will be located at the far rear of the property. Although the building footprint exceeds the maximum permitted area, the structure will maintain the existing building height and is within the maximum permitted height of 4.5 metres. The structure's appearance will remain compatible with adjacent viewpoints and visually consistent with its surroundings. Page 79 of 282 Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the variance is desirable for the appropriate development of the lands. Recognizing the size and location of the existing garage will allow for the conversion to an Additional Dwelling Unit in the rear of the primary dwelling. This will facilitate a gentle intensification of the subject property and support the City's Housing Pledge. Environmental Planning Comments: No comments or concerns. Heritage Planning Comments: No comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit to convert the detached garage into a detached ADU is obtained prior to construction. Please contact the Building Division at building(o)kitchener.ca with any questions. Engineering Division Comments: No comments or concerns. Parks and Cemeteries/Forestry Division Comments: No comments or concerns. Transportation Planning Comments: No comments or concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. Page 80 of 282 PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 Page 81 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 82 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 83 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 84 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: March 27, 2025 REPORT NO.: DSD -2025-149 SUBJECT: Minor Variance Application A2024-033 — 887 Frederick Street RECOMMENDATION: That Minor Variance Application A2025- 033 for 887 Frederick Street requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.5 a) to permit an obstruction in the Corner Visibility Triangle (CVT) of 2.4 metres in height from the ground instead of the maximum permitted 0.9 metres in height or over 5 metres in height; ii) Section 5.3 b) to permit ingress and egress to occur in a backward motion, whereas the Zoning By-law only permits it in a forward motion; iii) Section 5.6 a), Table 5-5, to permit a Visitor Parking requirement of 1 Visitor Parking Space (0.05 visitor parking spaces per dwelling unit) instead of the minimum required 3 Visitor Parking Spaces (0.15 visitor parking spaces per dwelling unit); and iv) Section 7.3, Table 7-6, to permit an exterior side yard setback of 1.2 metres instead of the minimum required 3 metres; to facilitate the development a multiple dwelling having 20 dwelling units in the form of stacked townhouse, generally, in accordance with Site Plan Application SPF25/021/F, BE APPROVED subject to the following condition: 1. That a note be provided on the Site Plan that garbage pick-up will occur during off-peak hours (9:30 a.m. to 3:30 p.m.) Monday to Friday. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a Multiple Dwelling having 20 dwelling units in the form of stacked townhouses. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 85 of 282 • The key finding of this report is that the requested 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located in the Rosemount area south of Victoria Street North on Frederick Street. Figure 1: Location Map Page 86 of 282 Figure 2: Zoning Map The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Medium Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Medium Rise Residential Six Zone (RES -6)' in Zoning By-law 2019- 051. The purpose of the application is to facilitate the development of a multiple dwelling with 20 dwelling units, in the form of stack townhouses, as an affordable housing project. The following minor variances are required: • To permit the height of an obstruction in the Corner Visibility Triangle (CVT) of 2.4 metres instead of the maximum permitted 0.9 metres. The applicant initially requested a variance to permit a corner visibility triangle (CVT) of 6.5 metres from the point of intersection of the street lines. However, since the proposal can comply with the required 7.0 metres in distance from the intersection, and the only deviation is related to the vertical clearance of an overhead obstruction proposed at 2.4 metres, staff recommend that the variance be considered under Section 4.5 a) of Page 87 of 282 the Zoning By-law, which addresses obstructions to visibility, rather than Section 4.5 d), which relates to the distance from the point of intersection of the street lines. 4.5 CORNER VISIBILITY TRIANGLES, CORNER VISIBILITY AREAS AND DRIVEWAY VISIBILITY TRIANGLES a. No buildings, structures, motor vehicles, food cart, signs, landscaping, or other impediments shall obstruct visibility within a corner visibility triangle, corner visibility area or driveway visibility triangle. An obstruction to visibility shall not include objects 0.9 metres or less in height from the ground, or objects higher than 5 metres in height from the ground. This provision does not apply to the location of fences constructed in accordance with and regulated by Chapter 630 (Fences) of The City of Kitchener Municipal Code, or motor vehicles parked in a parking space on a driveway. (By-law 2024-074, S.3 s 2024-03-25). Staff are of the opinion that further advertisement of the variances is not required as a variance related to the CVT was advertised and will be considered by the Committee of Adjustment. To have the garbage or loading truck leave the site in a backward motion. To have a reduced exterior side yard setback of 1.2 metres instead of 3.0 metres. To have the visitor parking reduced to 1 instead of 3 visitor parking spaces required. .W ------ ------ -------- _-----�--=. 3. Rear Mogan ingress I egress allowed _ `------------I f ---- ---- -- - ------------- Lv— "Ni or Parking o� 0.05 pIJJ AME u umPti€ I i i 4. M I N 6.5 rrtre by 8.5 metre c©rner:site triangle 1. 1" IN Exteftr5ide Yard of 1.2 metres A VON ROAD Figure 3: The proposed site plan with the variances labelled The property currently contains a single detached dwelling that abuts a commercial property. The applicant has submitted a Site Plan Application, SPF25/0211F/AA, which has been reviewed by all applicable divisions and agencies and in the process of receiving redlined conditional approval, subject to approval of the minor variances. Page 88 of 282 Staff have visited the site on March 28, 2025 Figure 4: The front Image of the subject property Figure 5: An Image of the corner of the subject property Page 89 of 282 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 Policy 15.D.3.3. in the City's Official Plan states that to support the successful integration of different housing types, specifically multiple residential developments, through new development/redevelopment and/or residential intensification, within lands designated Low Rise Residential, Medium Rise Residential or High Rise Residential, the City will apply design principles in accordance with the Urban Design Policies in Section 11. An emphasis will be placed on: a) compatibility of building form with respect to massing, scale, design; b) the relationship of housing to adjacent buildings, streets and exterior areas; c) adequate and appropriate parking areas are provided on site; and d) adequate and appropriate amenity areas and landscaped areas are provided on site. In addition, Policy 15.D.3.15. in the Medium Rise Residential land use designation states that land use designation will accommodate a range of medium density housing types, including townhouse dwellings in a cluster development, multiple dwellings and special needs housing. The proposal is accommodating a multiple dwelling that is compatible with the neighbourhood scale, with a parking lot for the use and an amenity area for the development. Based on the above, the variances would meet the general intent of the Official Plan. General Intent of the Zoning By-law Corner Visibility Triangle (CVT): The CVT intends to ensure safe sightlines at intersections for drivers, cyclists, and pedestrians. The proposal provides 7 metres from the point of intersection of the street lines but with an increased overhead vertical clearance above 0.9 metres. The building has a projection that obstructs the overhead clearance of 2.4 metres, as shown in Figure 6. The 2.4 metre clearance exceeds the typical head -height clearance for a regular vehicle, as shown in Figure 7, making obstruction unlikely. This is because the intersection at Frederick and Avon Road is not considered a busy intersection for larger trucks, as Avon Road is a local street with less traffic. Additionally, the subject property is located at an intersection with an obtuse angle, which naturally provides more expansive and improved sightlines compared to a standard 90 - degree corner. This geometry enhances the overall visibility for drivers, cyclists, and pedestrians approaching the intersection. Page 90 of 282 Figure 6: The side elevation corner with the reduced overhead for the CVT 5.60 1.10 3.20 P meters Width 2.00 Track 2.00 Lock to Lock Time 6.0 Steering Angle 35.9 Figure 7: Typical vehicle height The site ingress and egress: The intent of the zoning regulation 5.3 b) which states that all parking lots shall be provided with adequate means of ingress and egress to and from a street or lane in a forward motion, and shall be arranged so as not to interfere with the normal public use of a street or lane, is to ensure safety, traffic flow, and functional design. Page 91 of 282 Due to the narrow configuration of the site, it is constrained in a way that makes it impractical to provide forward ingress and egress for a standard garbage truck. As such, the garbage truck will be the only vehicle required to exit the site in reverse. To address this, the proposal incorporates the following mitigation measures to maintain the intent of the zoning regulation: • Garbage collection will be scheduled during low -traffic periods. • Site Circulation and Signage. • Audible Reverse Warning (Beeping): The garbage truck will be equipped with a reverse warning system (e.g., a beeping sound) to alert nearby pedestrians and traffic when reversing. Exterior side yard setback: The Zoning By-law requires a 3 metre exterior side yard setback for corner lots, primarily to provide clarity in site layout, amenity space, functional site circulation, and to accommodate architectural projections such as balconies, patios, and roof overhangs. The proposed design provides a minimum exterior side yard of 1.24 metres at its closest point, where above -grade walls with overhangs are present. The remainder of the wall along the exterior yard is set back approximately 1.5 metres from the lot line, with the front and rear portions of the building stepped back to approximately 3.0 metres. These setbacks help to improve building articulation, create a transition to the public sidewalk, and ensure better alignment with the established neighbourhood character. The entire exterior yard is landscaped, contributing to a clear and green buffer between the building and the public realm. Additionally, the building wall is set back approximately 7 metres from the edge of the active street lane, which provides a spatial buffer and maintains a comfortable separation between the street and the proposed building fagade. Visitor parking reduction: The Zoning By-law requires three visitor parking spaces for the proposed development (0.15 per dwelling). The intent of the visitor parking requirement is to provide short-term parking options for guests without impacting required parking for the units and surrounding uses. While each dwelling unit is provided with one dedicated parking space, meeting the minimum parking requirement for each dwelling, the proposal includes one visitor parking space, resulting in a shortfall of two visitor spaces. The applicant confirmed that the parking spaces will be unbundled from the units, allowing the owner to manage their allocation. If a unit does not require a parking space, that space can be reallocated to the visitor parking inventory, helping to offset the shortfall based on actual demand. Furthermore, the site is located on Frederick Street, which is served by a public transit route. In front of the property is the bus stop, numbered 20, for the Victoria -Frederick route, which serves the area, promoting active and sustainable transportation options for both residents and visitors. Lastly, the subject property is flanked by Avon Road, a local street that permits on -street parking for up to 3 hours, providing additional short-term parking opportunities for visitors and other uses in the area. Page 92 of 282 A sign for each visitor parking space is required to clearly indicate the space for visitor use, as specified in the site plan application. Given the above considerations, the requested variances would meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Corner Visibility Triangle: The requested variance for the vertical clearance within the corner visibility triangle is considered minor. A clearance height of 2.4 metres accommodates most vehicles on Avon Road, maintaining safe sightlines for drivers and pedestrians. The site ingress and egress: The variance related to site access and circulation is considered minor, as it only applies to waste collection trucks. Staff will request confirmation from the waste service provider to ensure that reverse movement is limited to brief, scheduled pickups occurring once or twice a week, and is not part of regular daily site circulation. Exterior side yard setback: The proposed reduction in the exterior side yard setback is minor in nature, as the site continues to provide adequate green space and functional circulation. Additionally, the front and rear portions of the building are stepped back approximately 3 metres, which is more aligned with the By-law requirement. Visitor parking reduction: The reduction in visitor parking from three spaces to one is considered minor due to the site's proximity to transit infrastructure, including the Victoria— Frederick bus route with a stop located across the street in front of the building. Furthermore, the parking will be unbundled, allowing unused dwelling parking spaces to be reallocated to visitor parking if necessary. Based on the above, the requested variances are considered minor. 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, as they will facilitate the development of a multiple dwelling that is compatible in scale, massing, and height, utilizes existing infrastructure, and contributes 20 affordable dwelling units to the City's 'missing middle' housing inventory, supporting the City's Housing Pledge. Environmental Planning Comments: No concern Tree management will be addressed via the site plan application SPF25/021/F/AA. Heritage Planning Comments: No Concerns Page 93 of 282 Building Division Comments: The Building Division has no objections to the proposed variance provided a building permits for the stacked townhouse and a demolition permit for the existing building is obtained prior to construction. Please contact the Building Division at building(a-kitchener.ca with any questions. Engineering Division Comments: No concerns Parks and Cemeteries/Forestry Division Comments: All Parks requirements will be addressed through SP24F25/021/F/AA. Transportation Planning Comments: The parking justification submitted for the reduction to one visitor parking space from the three required spaces is acceptable. In support of the garbage truck reversing out of the site onto Frederick Street, a note should be provided on the site plan that garbage pick-up will occur during off-peak hours (9:30 a.m. to 3:30 p.m.) Monday to Friday. The Region of Waterloo Comments: 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. Metrolinx Comments: GO/HEAVY-RAIL —ADVISORY COMMENTS • Be advised that Metrolinx is a stakeholder that has provided comments on the comprehensive development application, including the Site Plan Application. Any previous comments/requirements provided by Metrolinx are still applicable. • 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 Page 94 of 282 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." STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 and/or 2019-051 • Affordable housina incentives - City of Kitchener Page 95 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 96 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 97 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 98 of 282 � METROLINX BY EMAIL ONLY TO: Kitchener Committee of Adjustment 200 King Street W, Kitchener, ON N2G 4G7 DATE: March 31 st, 2025 RE: Adjacent Development Review: A2025-033 887 Frederick Street, Kitchener, ON Minor Variance Dear Committee of Adjustment, Metrolinx is in receipt of the Minor Variance application for 887 Frederick St, Kitchener to facilitate the variances to support the development of a three-storey 20 -unit townhouse development as circulated March 21St, 2025, and to be heard at Public Hearing on April 15th, 2025. 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 GO Train service. GO/HEAVY-RAIL - ADVISORY COMMENTS Be advised that Metrolinx is a stakeholder that has provided comments on the comprehensive development application, including the Site Plan Application. Any previous comments/requirements provided by Metrolinx are still applicable. The Proponent is advised of the following: o 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 and vibration attenuating measures in the design of the development and individual lots, blocks or u n its. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street I Toronto I Ontario I M5J 2N8 :6t:: METROLIN)C 1 1 Page 99 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: April 1, 2025 REPORT NO.: DSD -2025-145 SUBJECT: Minor Variance Application A2025-034 — 34 Hohner Avenue RECOMMENDATION: That Minor Variance Application A2025-034 for 34 Hohner Avenue requesting relief from Section 39.2 of Zoning By-law 85-1: i) to permit a front yard setback of 3.1 metres instead of the minimum required 4.5 metres; and ii) to permit an interior side yard setback of 0.7 metres instead of the minimum required 1.2 metres; to facilitate the conversion of the existing Single Detached Dwelling with an Additional Dwelling Unit (ADU)(Attached) (Duplex) to Single Detached Dwelling with two (2) Additional Dwelling Units (ADU)(Attached) (Triplex), in accordance with drawings prepared by MW Drafting & Design Inc., dated November 21, 2024, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to permit the conversion of an existing duplex to a triplex with a reduced front yard and interior side yard setback. • The key finding of this report is that the requested minor variances 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 100 of 282 This report supports the delivery of core services.. BACKGROUND: The subject property is located on the north-east side of Hohner Avenue and Lancaster Street East. It is in the Central Frederick neighbourhood which is primarily comprised of low-rise residential uses. Is �• Y ^G�.a/ Figure 1 : Location Map — 34 Hohner Avenue (Outlined in Red) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Conservation A' on Map 20 — Central Frederick Neighbourhood Plan for Land Use in the City's 2014 Official Plan. The property is zoned `Residential Five Zone (R-5)* in Zoning By-law 85-1. The purpose of the application is to review minor variances to permit the conversion of an existing Duplex to a Triplex with reduced front yard and interior side yard setbacks. The primary dwelling was originally constructed in 1925 and has been functioning as a single detached dwelling and duplex with the existing setbacks since the time of construction. However, in order to convert the dwelling from a Duplex to a Triplex, the building must now be reviewed in accordance with current Zoning By-law requirements for a Triplex. The variances are necessary to allow the conversion of the existing dwelling without making significant modifications to the property_ Page 10 1 of 282 Variance for 3.1m front. yard Nii�sr,rr ■.v � I ' f Y- yl - ^I' MJ—Rn i E,{ I v&irMF HAM HfYT 1 f �.. � I , � y mE�ry vEia er �cz un xc vmsru r�� 1 E%. GARAGE I3741,(314,Mm2} —A"LANDSCAPED [ED 1. _ ()PEN SPAM F'L.t. ri Jvi..A � 1 l[Pt]j'I Y 11f111 1 ' � 1 EY.CONC. DRIVEWAY 1 E} PATIO Y +I r 4 L VPEEX. PM-�16 TRIPLEX 11 FSAN(f EX. COVERED [ I — �'❑ACH— '3:4f.�(1L4fSI�J '11 -4l ..CRt. W SCJ h- MI 13 5— fB-11 liEE rr.ipz� i tir. c..GM wV�n Figure 2: Proposed Triplex Site Plan Variance for 0.7m interior side yard setback T --- -_�- - _ --L Figure 3: Front Elevation of Proposed Triplex Page 102 of 282 — — _ 151 FLOOR a-0" — / TIO WMNDATION,_ Figure 3: Front Elevation of Proposed Triplex Page 102 of 282 Windows to be removed Tb 2nd FLOOR 1r-ir Figure 4: East (Right) Side Elevation of Proposed Triplex Planning Staff conducted a site visit on March 26, 2025. Figure 5: Existing Site Conditions as of March 26, 2025 Page 103 of 282 2nd FLOOR _ f TIO 1s1 FLOOR i 9'-q^ i 111 FLOOR I -r FOl14DAr N Figure 4: East (Right) Side Elevation of Proposed Triplex Planning Staff conducted a site visit on March 26, 2025. Figure 5: Existing Site Conditions as of March 26, 2025 Page 103 of 282 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Conservation A' on Map 20 — Central Frederick Neighbourhood Plan for Land Use in the Official Plan. The intent of this designation is to preserve the scale, use, and intensity of existing development in portions of the community where the vast majority of land use is detached dwellings. The proposed conversion of the duplex into a triplex does not require exterior alterations except for a new door in the front facade and the use of the property will remain consistent. Policy 4.C.1.23 permits up to 3 additional dwelling units subject to meeting any other applicable policies in the Plan and zoning regulations. 4. C. 1.23. The City may permit up to three additional dwelling units, attached and/or detached, on a lot which contains a single detached dwelling, a semi-detached dwelling or a street -townhouse dwelling as the principal use, unless otherwise limited by the policies of this Plan, and in accordance with the City's Zoning By-law, in order to provide additional housing options to Kitchener homeowners and residents. The proposed Triplex use of the property conforms to the land use designation. As such, staff are satisfied that the proposed variances for a reduced interior side yard setback and front yard setback to facilitate the conversion of the existing Duplex to a Triplex meet the general intent of the Official Plan. General Intent of the Zoning By-law Variance for Front Yard Setback The intent of the front yard setback requirement is to ensure a consistent setback to the property line to maintain a coherent and consistent streetscape. Staff note the conversion will maintain the existing setbacks. The house has existed since 1925, and the structure is not changing with the conversion. There will continue to be sufficient separation from the street while preserving the streetscape and front yard design. Therefore, Staff are of the opinion that the proposed variance meets the general intent of the Zoning By-law. Variance for Interior Side Yard Setback The general intent of the interior side yard setback requirement is to ensure adequate spacing between the structures for light, air circulation, maintenance access and privacy. The proposed setback of 0.7 metres will continue to provide sufficient separation between the properties. The property has sufficient space for maintenance access on the west (left) side where 3 metres is provided between the dwelling and the property boundary. Additionally, windows are being removed from the second floor right (east) side of the existing dwelling which prevents overlooking and maintains the privacy of the neighbouring Page 105 of 282 property. Therefore, Staff are of the opinion that the proposed variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The reduced setbacks are minor in nature as the proposed additional dwelling unit will be located within the basement of the existing structure with no exterior modifications except the new front door more than halfway below grade which ensures any changes remain invisible from the streetscape. The structure's appearance will remain compatible with adjacent viewpoints and visually consistent with its surroundings. Given that the existing built form remains unchanged, the existing setbacks will not negatively impact the neighbouring properties or the streetscape. Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances for the reduced front yard and interior side yard setback are considered desirable for the appropriate development of the land as the variance will allow the existing dwelling to convert from a Duplex to a Triplex. The minor variance will also avoid any unnecessary demolition and/or reconstruction of the front and the side of the existing building. Environmental Planning Comments: No comments or 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 34 Hohner Avenue is located within the Central Frederick Neighborhood Heritage Conservation District. The proposed changes are not anticipated to have a major adverse impact on the CHL, and as such, staff have no concerns with the application. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the change of use to a Triplex. Engineering Division Comments: No comments or concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing tree within the front yard that will be impacted by the proposed development. The tree appears close to the front lot line and although it is not an inventoried City tree, it may be a shared boundary tree. The site design should be adjusted to minimize impacts to the existing tree. Planning Response The only alteration to the exterior of the property will be the installation of a required walkway. The walkway is proposed to be located 1.1 metres away from the tree trunk Page 106 of 282 within the tree canopy. The walkway will not require a significant amount of excavation that would damage the root system. Transportation Planning Comments: No comments or concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 Page 107 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 108 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 109 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 110 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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 8 DATE OF REPORT: March 28, 2025 REPORT NO.: DSD -2025-154 SUBJECT: Minor Variance Application A2025-035 — 53 Rusholme Road RECOMMENDATION: That Minor Variance Application A2025-035 for 53 Rusholme Road requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit an interior side yard setback of 1.8 metres, for both interior side yards, instead of the minimum required 3 metres, to facilitate the construction of a new 2 storey detached dwelling with a 3 -car garage, generally in accordance with drawings prepared by McKechnie Surveying Inc., February 27, 2025, BE APPROVED subject to the following condition: That the Owner shall: a) Prepare a Tree Preservation Plan for the Subject Lands and City Right -of - Way, in accordance with the City's Tree Management Policy, to be approved by the City's Manager, Site Plans and City's Director, Parks and Cemeteries, 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 prior approval of the City's Manager, Site Plans. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 111 of 282 REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application requesting relief from the side yard setback of 1.8 metres rather than the required 3 metre requirement to facilitate the construction of a new 2 storey detached dwelling with a 3 -car garage. • The key finding of this report is that the requested minor variance meets 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 City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of Rusholme Road in the Westmount neighbourhood, which is predominantly comprised of low rise detached dwellings. I� Figure 1 — Aerial Photo of the Subject Property 0 The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential One Zone (RES -1)' in Zoning By-law 2019- 051. The purpose of the application to request relief from Section 7.3, Table 7-2 of Zoning By- law 2019-051, to permit an interior side yard setback of 1.8 metres for both sides of the Page 112 of 282 proposed dwelling rather than the required 3 metres. Approval of the variance will allow for the re -development of a new single -detached dwelling, maintaining the built form of the neighbourhood. A majority of the neighbourhood maintains reduced setbacks as guided by Zoning By-law 85-1 when the neighbourhood was being developed. The side yard setback requirement at that time would have only required 1.2 metres. The new Zoning By-law 2019-051, which came into effect in 2019, now requires 3 metres. Both current side yard setbacks for the Subject Property hold lega as the interior side yard abutting 63 Rusholme Road is 1.6 metres yard abutting 45 Rusholme Road is 2.4 metres. Existing front and comply with Zoning By-law regulations. I non -conforming status , and the interior side rear yard setbacks Figure 2 — Proposed Site Plan Page 113 of 282 Figure 3 — Site Photo of 53 Rusholme Road r Figure 4 — Existing side yard where the proposed dwelling will project into, existing building shown in the photo with be removed. Page 114 of 282 Figure 5 — Existing side yard showing the proximity to the abutting property and massing of abutting property building in conjunction with the existing dwelling at the Subiect Property. Figure 6 — Existing side yard where the proposed dwelling will project into, existing building shown in the photo with be removed. Page 115 of 282 Figure 7 - Existing side yard showing the proximity to the abutting property and massing of abutting property building in conjunction with the existing dwelling at 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 subject property is designated 'Low Rise Residential' on Map 3 — 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.1.8 a), pertaining to minor variance applications, mentions any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood and will have regard to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report and Urban Design Scorecard. The requested side yard setback relief for both sides of the proposed dwelling to facilitate a larger single -detached dwelling conforms to the existing built form and character of the neighbourhood, as several properties along Rusholme Road currently have legal non- conforming status or previous Committee of Adjustment approval for reduced side yard setbacks. In addition, the existing dwelling at the Subject Property has a shorter massing in comparison to the built form of the neighbourhood, as highlighted in Figure 5 and Figure Page 116 of 282 7. The approval of this application would support the development of a dwelling with comparable and compatible setbacks, thereby maintaining the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the minimum side yard setback requirements is to ensure dwellings provide appropriate access to the rear yards, to accommodate fire separation, and to provide privacy to abutting properties. Planning Staff is of the opinion that the proposed 1.8 metre side yard setback for both interior side yards still allows sufficient access to the rear yard, for fire separation, and for privacy. In the opinion of Planning Staff, the requested variance to permit relief of minimum side yard setbacks 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 1.8 metres is minor, as several existing properties within the neighbourhood have reduced side yard setbacks from the 3 metres that was established in 2022 when Zoning By-law 2019-051 came into effect. In addition, the proposed setbacks will be comparable to the 1.6 metres and compatible with the 2.6 metres that currently existing now. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate as it will facilitate the construction of a new detached dwelling that will have side yard setbacks compatible and similar to the pattern of development in the neighbourhood. Environmental 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 53 Rusholme Road is located within the Westmount East & West Neighborhood Heritage Conservation District. The applicant is encouraged to implement a design that is sympathetic to the existing character of the neighborhood, including the design, materials, and setbacks. Heritage Planning Comments: Standard variance condition to complete, obtain approval or, and implement an arborist's report following the methods of the Tree Management Policy (Tree Preservation/Enhancement Plan) including City -owned street trees prior to any demolition, site alteration, grading or issuance of building permit. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the demolition of the existing building and the re -construction of the single detached dwelling is obtained prior to construction. Please contact the Building Division at building(akitchener.ca with any questions. Page 117 of 282 Engineering Division Comments: Engineering has no comment. Parks and Cemeteries/Forestry Division Comments: There are two City -owned street trees within the boulevard on Rusholme Rd. 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. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. Tree Protection and Enhancement Plans to Forestry's satisfaction will be required outlining complete protection of City assets prior to any demolition or building permits being issued. Transportation Planning Comments: Transportation have no concerns with this application. Region of Waterloo Comments: No concerns. Grand River Conservation Authority Comments: 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 properties are not subject to Ontario 41/24 and, therefore, 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Planning Statement (PPS 2024) Page 118 of 282 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 119 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 120 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 121 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 122 of 282 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Tim Seyler, Senior Planner, 519-783-7820 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: April 2, 2025 REPORT NO.: DSD -2025-165 SUBJECT: Minor Variance Application A2025-036 —15 Scenic Drive RECOMMENDATION: That Minor Variance Application A2025-036 for 15 Scenic Drive requesting relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051, to permit a parking requirement of 16 spaces (1.14 parking spaces per dwelling unit) instead of the required 17 parking spaces (1.15 parking spaces per dwelling unit), in accordance with Site Plan Application SP24/053/S/TS, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to permit a reduced parking requirement to facilitate the construction of an additional 3 units, on an existing 11 unit multiple dwelling. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located at the corner of Scenic Drive and River Road East. The applicant is proposing to construct 3 additional dwelling units on the subject property. The existing 11 units will remain. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 123 of 282 Figure 1: Location Map: 15 Scenic Drive The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. Figure 2: Existing Conditions: 15 Scenic Drive Page 124 of 282 The purpose of the application is to review a minor variance application to facilitate the construction of 3 additional units, within an existing 11 unit multiple dwelling. The applicant has received `Conditional Site Plan Approval' for the 3 additional residential units. The required parking for the site is 17 spaces, as a result of a rounding up calculation for the parking rate of 1.15 spaces per dwelling unit. The applicant is requesting one less parking space be provided on site for a total of 16 parking spaces. The applicant has also submitted a Parking Justification Report that has been reviewed by staff to support the parking reduction. REPORT: �ig191IXI11E � TMWaAY Figure 2: Conditionally approved Site Plan: 15 Scenic Drive 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' in the City's Official Plan. This designation permits low density forms of housing such as multiple dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. The proposed use Page 125 of 282 SIT= STATISTICS Z-nk^.g R S-5 (LOW RISE RESIDENTIAL ZONE FIVE C W A AFplk.1..' A2025.036 Lal Area 3,0%.W Buldhag CSL mga 670AOrr?(20.04%) LalWscapad Aran 1430,77m' (4621 %h Asphalt! Hartl WA 00 Amb 1045.03rrP (33 75 &' } mdudas aspha0, cencrefe, horn pw, rw and b ky®rd d0G4 P.,hlrg Reculred-17 SPACES pIbr parkhg wlcuMom aaW PaNIng Jusggrallan Raper) Podlrg P -W. - 16 SPACES P" M Space VII Olmereprs• 2.6. x 5,5n MULTI -RESIDENTIAL N-berof Urh- 11 EXISTING, 3 N£W=14 JNITS NLft rofWI. Spacas- 2 SPACES FloarSpaw Rd', 0.4294 a W. _u•.IA=C: NOTE: ALL ASPHALT AREAS TO BE DE WITH XED 0.15h4 HIGH POURED CONCRETE CLRBIHG. (APPLIES TO NEW PAVED AREAS (E. G. PARKING, WASTE COLLECMNAREAS) �ig191IXI11E � TMWaAY Figure 2: Conditionally approved Site Plan: 15 Scenic Drive 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' in the City's Official Plan. This designation permits low density forms of housing such as multiple dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. The proposed use Page 125 of 282 conforms to the land use designation, and it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the minimum parking regulations is to ensure that there is enough parking for residents and visitors within the property. The reduction of parking results in 1 less visitor parking space provided on site. Each unit will have the required one space provided. Further through the update of the site plan, Class A and Class B bicycle parking and future EV parking are being provided as part of the `Conditional Approved Site Plan'. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variance is minor as the variance that is requested is to support additional dwelling units on an existing residential development. The proposed variance will not present any significant impacts to adjacent properties or the overall streetscape and neighbourhood as the provided parking will be sufficient for the residential units. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variance is desirable and appropriate for the development of the land as it will facilitate the addition of 3 dwelling units which is a gentle intensification on an existing residential property, encourages infill development and supports the City's Housing Pledge. Environmental Planning Comments: No environmental planning concerns. Heritage Planning Comments: No heritage concerns or comments. The applicant is advised that the subject property is 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 permits for the new townhouse units is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions. Engineering Division Comments: Engineering division has no comments. Parks and Cemeteries/Forestry Division Comments: All Parks requirements will be addressed through SP24/052/S/TS. Transportation Planning Comments: As part of the Site Plan Approval process in August 2024, a Parking Justification Report was submitted (December 2023) by Trans -Plan Transportation Engineers. Based on the parking analysis completed, Transportation Services are of the opinion that the proposed Page 126 of 282 parking supply of 16 spaces for 14 units is adequate. Also, of the 16 spaces provided, 2 spaces are being allocated for visitor parking. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 127 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 128 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 129 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 130 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: April 7, 2025 REPORT NO.: DSD -2025-156 SUBJECT: Minor Variance Application A2025-037 — 265 Breithaupt Street RECOMMENDATION: That Minor Variance Application A2025-037 for 265 Breithaupt Street requesting relief from the following sections of Zoning By-law 2019-051: i) Section 5.6, Table 5-5, of Zoning By-law 2019-051 to permit a minimum parking supply of 25 spaces whereas 49 are required; and, ii) Section 10.2, Table 10-1, of Zoning By-law 2019-051 to add "Fitness Centre" as a permitted use in the `EMP -1' Zone; to permit the existing use of the KW Badminton Club generally in accordance with drawings prepared by Vinlanda Engineering, dated February 27, 2025, BE REFUSED. REPORT HIGHLIGHTS: • The purpose of this report is to review and make a recommendation regarding the minor variance application for 265 Breithaupt Street. • The key finding of this report is that the variance to add the "Fitness Centre" use does not 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 131 of 282 BACKGROUND: The KC Badminton Club has been a tenant in the current building since early 2019. At that time, Zoning By-law 85-1 was in effect, which zoned the property `General Industrial Zone (M-2)'. Under this zone, the KC Badminton Club was considered a permitted use under the definition of "Private Club". With the implementation of Zoning By-law 2019-051, the zoning of the subject property changed to `Neighbourhood Industrial Employment Zone (EMP -1)', which no longer permits a "Private Club" nor a like use that the Badminton Club would fall under the definition of. Although the Badminton Club is an existing use, they are not considered to be a `Legal Non -Conforming Use' as they did not obtain a Zoning (Occupancy) Certificate ("ZOC") while Zoning By-law 85-1 was in effect. Section 2.3 of Zoning By-law 85-1 and new Section 1.8 of Zoning By-law 2019-051 establish that no change may be made in the type of use of any land without a Zoning (Occupancy) Certificate ("ZOC"). Although Building Permits were issued prior to the change in zoning, these check for zone compliance, but do not establish use, as outlined in the above noted section of the Zoning By-laws. As no ZOC was issued, the Badminton Club was not established as a `Legal Non -Conforming Use' when the new Zoning By-law was implemented. Regardless of the status as current tenants and an existing use, a minor variance is required, and the four tests of the Planning Act must be assessed. This application seeks to establish the existing use and associated parking to comply with the current Zoning By-law. The subject property is located on the southern side of Breithaupt Street between Margaret Avenue and St. Leger Street. The CN Rail train tracks abut the subject property to the south. Figure 1: The Subject Property (Taken March 28, 2025) Page 132 of 282 Figure 2: Subject Property Aerial (Subject Property In Red) Figure 3: Zoning By -Law 2019-051 (Subject Property In Red) _ 7/. F / 7 6s' h Page 133 of 282 The subject property is identified as `Industrial Employment Areas' on Map 2 — Urban Structure and is designated `General Industrial Employment' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Neighbourhood Industrial Employment Zone (EMP -1)' in Zoning By-law 2019-051. The purpose of the application is to establish a current tenant, the KC Badminton Club, as a permitted use, along with the associated required parking for the use. W' -P 11T6 -TIF 18-17 Figure 4: Internal Site Plan �IItlT %i .WJ�F1EFbl�1G1 Gcclmnna,^ iww.�R�x IFs1 iax�raga�l Page 134 of 282 1P- 4-6' - g-5' U. 8-P 1(r. S 5 W.•� wic h f Ff% ��f Fj � hw f ■ A STEELFRAf,IE amumN f FvP') f 4.FFTCZ rytiNaewouzm�: lMFT83-fllII f 19.E{ICVaT1 OCJA1WCv: k --ELY rr' TOTAL rrEksF,.D bCaFWJ1[.Y: [SzKLEFEL'i E E eAbMh7amN D3u?r PoG6bA -2 FfL. i2t E SER -NG norm rMD SHMUhE) g IP �Tra. Cr -f ren rvsrm ur�;� oar-SISNAGE,AEME E rr WOR FFP. CF raar DDOM AS M — — — .EKIr / rc / f a 0A1�`1,/ L1Yl � >f� DFS UP W' -P 11T6 -TIF 18-17 Figure 4: Internal Site Plan �IItlT %i .WJ�F1EFbl�1G1 Gcclmnna,^ iww.�R�x IFs1 iax�raga�l Page 134 of 282 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated as `General Industrial Employment' on Map 3 of the Official Plan. The general intent of the General Industrial Employment land use designation is to provide for a broad range of industrial uses, some of which by virtue of their operation or site utilization may need to locate within an industrial area or require appropriate buffering to mitigate potential impacts on residential areas. A limited number of accessory or ancillary uses which support the primary function of the General Industrial Employment land use designation are also permitted, including fitness centres, subject to the following criteria: i) they are located within a building containing at least one primary permitted industrial employment area use, ii) the individual units will not exceed 1,500 square metres of gross floor area; and, iii) they will not conflict or interfere with the satisfactory operation and development of the lands for industrial employment area purposes. The intent of permitting accessory or ancillary uses to industrial uses is generally to support the primary, industrial use on the subject property. For Fitness Centres, this would generally entail a fitness use for staff use to contribute to competitive employment and employee benefits. Although currently existing, the KC Badminton Club is not an accessory or ancillary use to an existing industrial use on the subject property. While tangentially permitted, adding a standalone Fitness Centre use does not meet the intent of the Official Plan. General Intent of the Zoning By-law The subject property is zoned `EMP -1' in Zoning By-law 2019-051. The purpose of this zone is to accommodate a limited range of industrial uses on lands located within neighbourhoods and/or Major Transit Station Areas. Under this Zoning By-law, the KC Badminton Club is considered a "Fitness Centre". A Fitness Centre is a permitted use within the EMP -1 zone; however, the Fitness Centre must be accessory to a different permitted use, and the individual unit cannot exceed 1,500 square metres of gross floor area, following the policy direction of the Official Plan. The KC Badminton Club, as it exists, is not accessory to another use in the existing multi- unit building on the subject property. Although tangentially permitted, the current use does not reflect the general intent of the `EMP -1' zone for Fitness Centres to not be a standalone use. Page 135 of 282 The Zoning By-law sets minimum parking rates based on use to ensure that sufficient parking is provided. As badminton courts generally cater to a low participant count for the amount of space they occupy, lower parking rates than required for the general definition of a "Fitness Centre" could be appropriate. Based on current tenant usage, the requested 25 spaces are sufficient to service the Badminton Club and is above current usage. The variance to reduce the required parking meets the general intent of the Zoning By-law. Are the Effects of the Variance(s) Minor? Generally, to assess if the effect of a variances is minor, the impacts on the subject property and surrounding areas is considered. As the KC Badminton Club has been operating for several years, no new adverse impacts will result a result of the change to permitted uses. The Badminton Club is sized within the 1,500 square metre maximum for accessory/ancillary recreational uses, and as such, would functionally meet the Zoning By- law had the use been accessory to a different use in the building. No parking complaints have been filed to the City regarding the property based on the current use and parking arrangement. As such, the variances are considered minor in nature. Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Industrial designated land is intended to contribute to the economic strength of the City, providing land for employment uses that may be less compatible with sensitive land uses, such as residential or institutional uses. Considering the range of zones that permit Fitness Centre uses as -of -right (all Commercial, Mixed-use, and Strategic Growth Area zones), fitness centre uses are more appropriate and desirable in land use designations that are not earmarked for employment use. Regarding the parking variance, an oversupply of parking contributes to an abundance of paved surfaces, which contributes negatively to environmental and urban design impacts. The requested supply is appropriate for the existing use and is desirable. Environmental Planning Comments: No concerns due to the nature of the development (variance for use and parking, no construction/site alteration). Heritage Planning Comments: The subject property has no heritage status. However, it is located within the Warehouse District 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 requested changes is not anticipated to have an adverse impact on the value of the CHL, and as such, there are no heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided interior finish permit for the fitness centre is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions. Page 136 of 282 Engineering Division Comments: No comment. Parks and Cemeteries/Forestry Division Comments: No concerns. Transportation Planning Comments: Transportation Services does not support the requested variance to vehicle parking to permit 25 spaces, where 49 are required. Transportation Services did not receive any parking justification for the proposed 50% parking reduction. GRCA Comments: GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, permission from GRCA is not required. Region of Waterloo Comments: No concerns. Metrolinx Comments: GO/HEAVY-RAIL —ADVISORY COMMENTS • 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 and vibration attenuating measures in the design of the development and individual lots, blocks or units. 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. Page 137 of 282 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 ATTACHMENTS: Attachment A — Site Plan Page 138 of 282 ATTACHMENT A — SITE PLAN I I � � I I � � I I I I -', LOTA9FA 11,589 ml -- TOTAL €UL61h1G.ARFA 7.112 M3:L ERA LINNG HEIGHT: 7A mi TOTAL PARVJ14G SPACES: 89 [+53AMTIUgAL PAMNG'SR4Ca AT 242 BREITWJ='- 'T .:SCM ^. �'. 3n V+Ild:�•J�GG'T JJI; [� x�.-r..,crac�ormrVvi flFi ra,�u.orm 2 H I I I � I I I ' LLLiI o � I � I KGE14, MNTCHUNT — ie8 &4FJTHAl1P T VilEET.. WMHENc � _roar KAPLEr. E x wrs r-* NITEP AH SffE PL€W = SPLs: 1"= BC' -4' xrE ur. mn ,. #1 10 xHw w K, uc�nr ao. '" LANDA ENGINEERING 5' 'l ICM•iL mm. V EhG 5°;RIY_TIIRFL@k:KlP:i {lMgCR }i0lM'T R!e[.F RS•L+ ®'6� T14TH1 s-.�art. ox., vww.E��• cau N� till CAW2% WNN Y1Y.All C/111rJ1[[RFGAiY Page 139 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 140 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 141 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 142 of 282 � METROLINX BY EMAIL ONLY TO: Kitchener Committee of Adjustment 200 King Street W, Kitchener, ON N2G 4G7 DATE: March 31 st, 2025 RE: Adjacent Development Review: A2025-037 265 Breithaupt Street, Kitchener, ON Minor Variance Dear Committee of Adjustment, Metrolinx is in receipt of the Minor Variance application for 265 Breithaupt Street, Kitchener, to facilitate an existing badminton club use within the building as circulated March 21St, 2025, and to be heard at Public Hearing on April 15th, 2025. Metrolinx's comments on the subject application are noted below: The subject property is located adjacent of the Metrolinx Guelph Subdivision, which carries Metrolinx's Kitchener GO Train service. GO/HEAVY-RAIL - ADVISORY COMMENTS The Proponent is advised of the following: o 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 and vibration attenuating measures in the design of the development and individual lots, blocks or u n its. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street I Toronto I Ontario I M5J 21\18 :6t:: METROLIN)C 1 1 Page 143 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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 3 DATE OF REPORT: April 2, 2025 REPORT NO.: DSD -2025-163 SUBJECT: Minor Variance Application A2025-038 — 206 Shelley Drive RECOMMENDATION: That Minor Variance Application A2025-038 for 206 Shelley Drive requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.1.e) to permit an existing detached garage within the front yard; and ii) Section 7.3, Table 7-2, to permit a rear yard setback of 4.5 metres instead of minimum required 7.5 metres to recognize the location of the existing dwelling; to facilitate the development of detached building with two (2) Additional Dwelling Units (ADU)(Detached) on the subject property, generally in accordance with the plan prepared by Chris Machado, dated September 23, 2024, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review the minor variance application to permit an existing detached garage to be located within the front yard and to permit a rear yard setback of 4.5 metres instead of 7.5 metres to recognize the location of the existing primary dwelling to facilitate the development of a detached building with two (2) Additional Dwelling Units (ADUs)(Detached) on 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 144 of 282 • This report supports the delivery of core services. BACKGROUND: The subject property is located on the west side of Shelley Drive, near Wilson Avenue, in the Vanier Neighbourhood. Figure 1 — Location of subject property (outlined in RED) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019- 051. The purpose of the application is to recognize the existing conditions of the existing dwelling, which will then facilitate the development of two new Additional Dwelling Units (ADUs) (Detached) on the subject property. Due to how the yards of the house are classified, the existing detached garage is located in the front yard and the rear yard setback of the existing house is 4.5 metres where 7.5 metres is required (see Figure 3). Please note that staff originally identified the garage as also being in the exterior side yard, but through further review it was determined that the garage is entirely within the front yard. A new detached building is proposed in the rear and interior side yards of the subject property. The new building would contain two Additional Dwelling Units (ADUs) (Detached). The proposed new building does not require any variances. In addition, a previous building permit was granted for interior alterations which would add an ADU to Page 145 of 282 the interior of the existing dwelling. ADUs (Attached) or `Duplexing' is permitted within existing Single Detached Dwellings. Any increase in dwelling units beyond `duplexing' requires a full zoning review and so the zoning deficiencies of the existing dwelling were identified at the time of application for building permit for the detached ADUs. Granting the variances to recognize the existing conditions of the dwelling and garage will allow the proposed new building with two ADUs to proceed to building permit. SHELLEY DRIVE f Figure 2 — Site Plan of subject property showing existing house and proposed new building with two ADUs. Page 146 of 282 f l 1 e� 1 5 l rruwr— I x 1 I I I 1 i — 1 1 x ams. axed ------------ 1 1 ' I .OVRw vvn cn v�v I 4 � suxc �vaLKnav, I SHELLEY DRIVE r rd � Figure 3 — Site Plan with yards identified (front yard in red, exterior side yard in green, rear yard in yellow, and interior side yard in blue). Figure 4 — View of subject property facing west from Shelley Drive Page 147 of 282 EM f. 1 J � � � 1�' .A S JW f�•" � Jr � �j `J G rsl or r. , EM 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' in the City's Official Plan. The intent of this designation is to encourage a range of different housing to achieve a low rise built form in the neighbourhood. The existing dwelling and detached garage are permitted with the land use designation. The variance to recognize the rear yard setback of the existing dwelling and the location of the existing garage will maintain the general intent of the Official Plan. General Intent of the Zoning By-law Section 7.3, Table 7-2, of Zoning By -Law 2019-051 states that the minimum rear yard setback for a single detached dwelling in a residential zone is 7.5 metres. The existing dwelling has a rear yard setback of 4.5 metres. The purpose of minimum rear yard setbacks in residential zones is to provide privacy from neighbouring dwellings and a sufficient amenity area. The yard is existing and staff did not observe any adverse impacts resulting from the reduced setback. Further, the rear yard functions similarly to an interior side yard, and had it been classified as such, a variance would not be needed for the reduced setback. The interior side yard functions as a rear yard and provides sufficient amenity area for the dwelling. Therefore, the proposed rear yard variance will maintain the general intent of the Zoning By -Law. Section 4.1.e) of Zoning By-law 2019-051 states that accessory buildings cannot be located in the front or exterior side yards. The purpose of this regulation is to ensure that the street line remains consistent and the quality of the streetscape is maintained. The existing detached garage is located in the front yard on the subject property. However, despite how the yards have been identified, the entrance to the dwelling is from Shelley Drive and the site functions as though the exterior side yard was the front yard. In Planning Staff's opinion, the location of the existing garage is consistent with the surrounding neighbourhood and does not negatively impact the streetscape. This variance would maintain 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 rear yard setback of the existing dwelling or the location of the existing garage. Reconstructing the dwelling or garage to bring them into compliance with the Zoning By-law would cause much more significant impacts than permitting the existing zoning deficiencies. Therefore, the proposed variances are minor in nature. Page 149 of 282 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances will recognize the existing conditions of the dwelling and detached garage. They will also facilitate the development of two ADUs in the rear yard. Therefore, the proposed variances are desirable and appropriate for the use of the land. Environmental Planning Comments: Care should be taken when working in the rear yard not to negatively impact adjacent trees / vegetation. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the detached ADU is obtained prior to construction. Please contact the Building Division at building(akitchener.ca with any questions. Engineering Division Comments: No comments. Parks and Cemeteries/Forestry Division Comments: There are numerous City -owned street trees within the boulevard on Shelley Dr and Shelley Place. It is expected that all City owned tree assets will be fully protected to City standards throughout construction as per Chapter 690 of the current Property Maintenance By-law. Transportation Planning 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. Page 150 of 282 PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 151 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 152 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 153 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 154 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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: 10 DATE OF REPORT: April 3, 2025 REPORT NO.: DSD -2025-166 SUBJECT: Minor Variance Application A2025-039 —195 Victoria St. N. RECOMMENDATION: That Minor Variance Application A2025-039 for 195 Victoria Street North requesting relief from Section 53.2.1 of Zoning By-law 85-1 and Section 6.3.1 b) of Zoning By- law 2019-051 to permit the construction of a partially enclosed roof structure over below -grade stairs to be located 2.1 metres from the rear lot line instead of the minimum required 7.5 metres, for a Single Detached Dwelling with two (2) Additional Dwelling Units (ADU)(Attached), generally in accordance with the drawings prepared by Steven Parker and attached to Minor Variance Application A2025-039, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application for a Single Detached Dwelling with two (2) Additional Dwelling Units (ADU)(Attached) (for a total of 3 dwelling units) to have a partially enclosed roof structure over rear yard basement stairs. • The key finding of this report is that the requested minor variance meets all four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 155 of 282 Image 1: Aerial photo (2022) BACKGROUND: The subject property is located on the south side of Victoria Street North and one property west of Margaret Avenue. The property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and has an Official Plan designation of Strategic Growth Area A. It is zoned `Low Intensity Mixed Use Corridor (MU -1)' in Zoning By-law 85-1 and zoned `Strategic Growth Area Two Zone (SGA -2)' in Zoning Bylaw 2019-051. In August 2023, the applicant obtained minor variance approval, A2023-099, to permit a reduced lot width and area for the three dwelling units. However, it is noted that recent changes to both By-laws 85-1 and 2019-051 now permit the three dwelling units to be located on the property with the existing lot area and lot width and therefore these two regulations are no longer require variance approval. The three dwelling units use is permitted and acknowledged with Zoning Certificate #23- 116163 which was issued in 2023. Though the property does not provide a 1.1 metre unobstructed walkway nor have `soft' landscaping in the front or rear yard, which is a current requirement of the bylaw, these two regulations can be considered legal non- conforming. The applicant has been recently advised that a partially enclosed roofed structure is required over the rear yard basement stairs. This is required by because based on their design, there is only one compliant exit from the basement unit. They are proposing to enclose the exterior stair well to protect it from exposure to the other fire compartments (dwelling units) as required by Section 9.9.4.4. of the Ontario Building Code. Staff visited the site on March 28, 2025. Page 156 of 282 OF r-- •' �� w 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 As noted in Section 15.D.2. of the Official Plan regarding residential uses, the `Strategic Growth Area' land use designations are intended to increase all forms of residential development within the strategic growth area. As well, Section 15.D.2.55 notes that the specific `Strategic Growth Area A' land use designation will accommodate a range of low and medium density residential housing types including those permitted in the Low -Rise Residential designation. Therefore, the use of the property for three dwelling units meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the rear yard setback regulation is to ensure that the property can adequately support the use and provide amenity area and sufficient parking spaces. This zone does not require any parking spaces, but the applicant is providing two legal size spaces (2.6 metres x 5.5 metres) in tandem in the existing driveway. As shown in photo image 3 above, the rear yard can provide the minimum 30% landscaped area. It is noted that it is not `soft' landscaping as required by current bylaw but is considered legal non -conforming as a hard surface patio as the use for three units was legalized by the previous minor variance decision A2023-099. The variance meets the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? As noted above, general intent of the by-law is met, and the use supports appropriate housing intensification which is supported by the City. The property meets all other regulations of the bylaw. The impact on the neighbouring properties is no different as the use of the subject property is for three dwelling units and the area for the variance is for stairs to the basement of the building. The variance can be considered minor. Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate as it will facilitate the construction of a partially enclosed roofed area required by Ontario Building Code and facilitate the use of the building for 3 dwelling units. Thereby permitting and supporting a gentle intensification of a building in a Major Transit Station Area. Page 158 of 282 �sT � 0 �► � CAST% 2.5 STOREY BR)Ck BU[4D!NG V -,X STINC COVERED yg, PORCH k 1 +1 i _.•-� N1 EXISTING STIR {3.5 � c u;) NEW STAM 110M, 77.4.3 M') �w Image 4: Site Plan Environmental Planning Comments: No comments or concerns. Heritage Planning Comments: No comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit has been issued for the change of use to a triplex. The applicant will be required to provide revised drawings to the building division for any changes made to the permit. Engineering Division Comments: No comments. Parks and Cemeteries/Forestry Division Comments: No concerns and no requirements. Transportation Planning Comments: Transportation Services have no concerns with this application. Page 159 of 282 Metrolinx Comments: The subject property is located within 300 metres of the Metrolinx Guelph Subdivision, which carries Metrolinx's Kitchener GO Train service. GO/HEAVY-RAIL — CONDITIONS OF APPROVAL As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah. Farogue(a)-metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: "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 and vibration attenuating measures in the design of the development and individual lots, blocks or units." Planning Response: Metrolinx provided the same conditions for approval for this Minor Variance Application as were provided for Minor Variance Application A2023-099 and considered by the Committee of Adjustment on August 15, 2023. At that meeting the Committee approved Minor Variance Application A2023-099 without the Metrolinx conditions. Planning staff have not included these same conditions as conditions of approval for Minor Variance A2025-039 given the use that was previously approved as part of Minor Variance Application A2023-099 is not changing and this minor variance is for an enclosed basement entrance. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 160 of 282 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 and 2019-051 • DSD -2023-335 (Minor Variance A2023-099) Page 161 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 162 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 163 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 164 of 282 � METROLINX BY EMAIL ONLY TO: Kitchener Committee of Adjustment 200 King Street W, Kitchener, ON N2G 4G7 DATE: March 31 st, 2025 RE: Adjacent Development Review: A2025-039 195 Victoria Street North, Kitchener, ON Minor Variance Dear Committee of Adjustment, Metrolinx is in receipt of the Minor Variance application for 195 Victoria Street North, Kitchener, to convert the existing duplex into a triplex as circulated March 21St, 2025, and to be heard at Public Hearing on April 15th, 2025. 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 GO Train service. GO/HEAVY-RAIL - CONDITIONS OF APPROVAL • As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to b weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: o 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 and vibration 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 me. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street I Toronto I Ontario I M5J 2N8 :6t:: METROLIN)C 1 1 Page 165 of 282 Adjacent Development Review: A2025-039 195 Victoria Street North, Kitchener, ON Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"). IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night (provided that doing so is not contrary to law applicable to Metrolinx) with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations. THIS Easement and all rights and obligations arising from the above easement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of a party hereto, if such party comprises more than one person, shall be joint and several. Easement in gross. Page 166 of 282 Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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: 9 DATE OF REPORT: April 4, 2025 REPORT NO.: DSD -2025-171 SUBJECT: Minor Variance Application A2025-040 —160 Charles Best PI. RECOMMENDATION: That Minor Variance Application A2025-040 for 160 Charles Best Place requesting relief from the following sections of Zoning By-law 2019-051: i) Sections 4.12.3 h) to permit a building height of 4.9 metres instead of the maximum permitted 4.5 metres; ii) Sections 4.12.3 m) to permit an exterior side yard setback of 4.2 metres instead of the minimum required 4.5 metres; to facilitate the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by application and attached to Minor Variance Application A2025-040, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) and review variances for building height and setback from a side yard abutting a street. • The key finding of this report is that the requested minor variances 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 167 of 282 k. Image 1: Aerial photo (2024) _ BACKGROUND: The subject property is located at the southeast corner of the intersection of two streets on a crescent known as Charles Best Place. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is to permit a detached ADU in the rear yard of an end unit street townhouse. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 168 of 282 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 Low -Rise Residential designation is intended to encourage residential intensification and/or redevelopment which includes additional dwelling units to respond to changing house needs and as a cost-effective means to reduce infrastructure and services costs by minimizing land consumption and making better use of existing community infrastructure. The proposed detached ADU is a permitted use in the land use designation and a desirable development of a residential property. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the building height regulation for detached ADUs is ensure that the detached additional dwelling unit is subordinate to the main use and therefore of a height that is either the same or less than the principal dwelling's building height. The request for a building height of 4.9 metres rather than the maximum permitted 4.5 metres is minimal. The difference is 0.4 metres and with the proposed sloped shed roof, the impact is not discernible. It is noted that the shed roof will be lower towards the street line and raised towards the interior side yard which helps reduce the impact from the street view. The intent of the building setback from a side yard abutting a street for either the main building or a proposed detached ADU is also ensure that there is limited impact on the neighbourhood and the streetscape. The applicant advised that this variance is requested to provide a slightly larger rear yard amenity area for all the dwelling units. The requested variance for a 4.2 metre setback to the exterior side yard, instead of the required 4.5 metres, results in a deficiency of 0.5 metres. This is also a minimal reduction, and staff are of the opinion that the intent of the regulation is met, and the general intent of the Zoning By-law is maintained. Is/Are the Effects of the Variance(s) Minor? As noted above, the requested variances are a minimal reduction in the regulations and would not be discernible. The variances would permit a detached ADU to be built that best suit the property as a whole and would not negatively affect the streetscape. Staff are of the opinion that the effects of the variances are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the two variances are appropriate for the proposed detached ADU as they will provide a gentle form of intensification on the property which is appropriate for the use of the property and compatible with the surrounding neighbourhood. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 169 of 282 Existing driveway width to be modified and reduced to comply with bylaw regulations which is a maximum of 4.8 in and driveway to be located a minimum of 7 m from intersection of property lines at the corner (see Image 3 for proposed plan). Image 2: Vlew of front of property i OV NI- J,AS� �t5sr prti:�.ti•. �,i� y H11 HT ES BESr oP4ACE A4' Image 3: proposed plan *`* This information is available in accessible formats upon request. '** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 170 of 282 1 4 j} I vii *c ba z; y3•* -2 i y 3� 1 4 j} I vii *c ba z; y3•* -2 Environmental Planning Comments: No concerns. Heritage Planning Comments: No comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variances provided a building permit for the detached ADU is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: No comments. Parks and Cemeteries/Forestry Division Comments: There are existing City -owned street trees within the boulevard on both frontages of Charles Best Place (see illustration below). It is expected that all City owned tree assets will be fully protected to City standards throughout construction as per Chapter 690 of the current Property Maintenance By-law. Noted- the applicant has advised Planning staff that the contractors will access the property from the front yard. A W� 306292 ` t 5678 16131 ` J-1. +r Transportation Planning Comments: Transportation Services have no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 172 of 282 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 173 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 174 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 175 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 176 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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 5 DATE OF REPORT: April 2, 2025 REPORT NO.: DSD -2025-161 SUBJECT: Minor Variance Application A2025-041 — 249 West Oak Trail RECOMMENDATION: That Minor Variance Application A2025-041 for 249 West Oak Trail requesting relief from the following sections of Zoning By-law 85-1: i) Section 6.1.1.2 d) to permit 18 parking spaces to have a width of 2.4 metres and a length of 4.8 metres, instead of the minimum required width of 2.6 metres and minimum required length of 5.5 metres; and ii) Section 6.1.2 b) vi) B) to permit a visitor parking requirement of 17 spaces (10% of the required parking) instead of the minimum visitor parking requirement of 35 spaces (20% of the required parking); to facilitate the development of a multiple dwelling consisting of 172 dwelling units in accordance with Site Plan Application SPF25/0051W/TS, dated March 4, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the construction of a multiple dwelling consisting of 172 dwelling units. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 177 of 282 BACKGROUND: The subject property is located at the Northwest corner of West Oak Trail and Fischer Hallman Road and is currently vacant. r T� Figure 1: Location Map: 249 West Oak Trail The subject property is identified as `Community Node' on Map 2 — Urban Structure and is designated `Mixed Use One' and `Mixed Use Two" on Map 22e — Rosenberg Secondary Land Use Plan in the City's 1994 Official Plan. The property is zoned `Medium Intensity Mixed Use Corridor Zone (MU -2)' with Special Use Provision 435U, Special Regulation Provision 648R, and Holding Provision 70H, in Zoning By-law 85-1. The purpose of the application is to review a minor variance application to permit a 172 unit residential multiple dwelling. The applicant is proposing an 8 storey, 172 residential unit building. The property is within Zoning By-law 85-1, and the applicant is requesting a parking reduction which meets the regulations within Zoning By-law 2019-051. If the new zoning was in effect, none of the variances would be required. Given the uncertainty of when the secondary plans will be reviewed and brought within Zoning By-law 2019-051 the applicant would like to move forward with the development with parking requirements that meet and comply with Zoning By-law 2019-051. Page 178 of 282 WEST OAK TFW L Figure 2: Conditionally Approved Site Plan — 249 West Oak Trail Figure 3: Current site conditions — 249 West Oak Trail Page 179 of 282 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 `Mixed Use One and Mixed Use Two'. Both the `Mixed Use One' and `Mixed Use Two' land use designations are generally intended to provide commercial uses as well as permitted multiple dwelling units to achieve a residential density race generally between 100 to 400 units per hectare. Building heights are also encouraged to be between 3 and 10 storeys and have appropriate massing and be compatible with the adjacent land. The proposed development has been reviewed by staff and are satisfied the proposed variances support an appropriate form of development. Staff is of the opinion the that variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Parking The intent of the minimum visitor parking regulations is to ensure that there is enough visitor parking within the property for residents and their visitors. The reduction of parking results in 17 less visitor parking spaces provided on site. However, the 10% of the required parking rate is the preferred parking calculation in Zoning By-law 2019-051. Staff are satisfied that the visitor parking provided will be sufficient for the development. Further, the property has provided Class A and Class B bicycle parking rates, and future EV parking rates that are required in 2019-051. Parking space dimensions (Compact vehicle spaces) The intent of the minimum parking dimension regulation is to ensure that parking spaces can adequately accommodate a variety of vehicle sizes. Through the creation of Zoning By-law 2019-051 it was recommended that the By-law be updated to include compact vehicle spaces. New developments are permitted to have compact vehicle spaces where 10 or more parking spaces are required at a rate of 10% of the total parking spaces. The proposal is providing 189 parking spaces, and the 18 requested compact spaces is below the 10% that By-law 2019-051 permits. Both parking variances meet the future Zoning By-law regulations that will be enforced at the time of the By-law update for the property. Staff is of the opinion that the requested 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 would not be required if the property was within Zoning By-law 2019-051 and will not present any significant impacts to adjacent properties or the overall streetscape and neighbourhood. Page 180 of 282 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 mixed-use neighbourhood. Environmental Planning Comments: No Natural Heritage concerns. There are no trees on this block, and any Tree Management Plan compliance would be addressed by Urban Design as part of the Site Plan Approval. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering division has no comments. Parks and Cemeteries/Forestry Division Comments: All Parks requirements will be addressed through SPF25/004/W/TS. Transportation Planning Comments: As part of the Site Plan Approval process in February 2025, Transportation Services supported the proposed visitor and compact car parking variances being sought. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act Page 181 of 282 • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (1994 and 2014) • Zoning By-law 85-1 Page 182 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 183 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 184 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 185 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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 2 DATE OF REPORT: April 2, 2025 REPORT NO.: DSD -2025-160 SUBJECT: Consent Application B2025-009 — 179 Jansen Avenue RECOMMENDATION: That Consent Application B2025-009 for 179 Jansen Avenue requesting consent to create an easement having a width of 20.1 metres, a depth of 38 metres, and an area of 760 square metres, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Manager, Development Applications: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 186 of 282 b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 5. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. REPORT HIGHLIGHTS: • The purpose of this report is to review an application for Consent to create an easement over the subject property to facilitate driveway access for 177 and 181 Jansen Avenue. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on Jansen Avenue, near the intersection of Jansen Avenue and Fairway Road North. Figure 1: Subject property — 179 Jansen Avenue The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. Page 187 of 282 The property is zoned `Low Rise Residential Five Zone (RES-5)', with Site Specific Provision (403) and Holding Provision (86) in Zoning By-law 2019-051. The purpose of the application is to create a new access easement over the subject property in order for the adjacent properties, addressed as 177 and 181 Jansen Avenue to have access to their rear yards and existing driveways and garages. The easement is proposed to be over the driveway entrance and exit at the front of the property. Further, the subject property is subject to Site Plan Application SP24/065/J/TS that has received `Conditional Approval' for 56 stacked townhouse dwelling units. JANSEN AVENUE .Y,m QYh • . un Pv'i W l Pro�psed Easement Area i h - Res! entiCal esidenfiial nU PtAw rTs I ...ma • _ 1 ! rc$ 1 T �.I i 3 $ fit UNITS ..a .- 1 i �u .3 T ----_ Reside I K: K+ H4 1d. RY 17.�1l7 i 4(Y7 M! ldenticl 20 UNITS I f IL. Beni, 10 t o _AXas rns»e.cw�.ww* GLIEV, )k I-R • 64AM AwLh ChM.A 24 U VITS v. Res .- fp�� �la�sea�id Residential Figure 2: Proposed easement location — 179 Jansen Avenue Page 188 of 282 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 easement application 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 Urban Area policies state that the focus of the Region's future growth shall be within the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2. D.1 of the ROP 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 easement application adhere to these policies and conforms to the ROP. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.4 of the Official plan states: Consents may be permitted for the creation of a new lot, boundary adjustments, rights of -way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created. The application is creating an easement over an existing lot and Staff are satisfied the proposed easement conforms to the Official Plan. Zoning By-law 2019-051 The subject property is zoned as `Residential Five Zone (RES -5)' with Site Specific Provision (403) and Holding Provision (86H) in Zoning By-law 2019-051. The proposed easement is to provide legal access to the two adjacent residential properties. The creation of the easement will not result in any zoning deficiencies. 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 easement is desirable and appropriate. Page 189 of 282 Environmental Planning Comments: No concerns with the easement. Tree management has been addressed through Site Plan Application SP24/065/J/TS. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The building division has no objections to the proposed consent. Engineering Division Comments: Engineering has no comments. Parks and Cemeteries/Forestry Division Comments: Easement — no parkland dedication is required. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: The owner/applicant has applied for a consent for an easement over 179 Jansen Ave. The approximate area of the easement is 760.33 m2. The purpose of the easement is to provide access to property owners at 179 Jansen Ave and 181 Jansen Ave. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There is a former landfill in the TID on the subject property and the adjacent properties. Threats Inventory Database mapping 179 Jansen Ave, Kitchener Regional Fees: Regional staff have received the fee for consent review of $350.00. Page 190 of 282 Regional Staff have no objection to Consent File B2025-009. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2024-251 Page 191 of 282 N* Region of waterloo Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 VIA EMAIL: CofA@kitchener.ca PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www. regionofwaterloo.ca Susanna Reid Cell: 519-502-8298 File: D20-20/25 KIT March 31, 2025 Re: Comments on Consent Applications: B2025-010 to B2025-013 Committee of Adjustment Hearing April 15, 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. Document Number: 4936939 Page 192 of 282 AM File No: B2025- 009 Address: 179 Jansen Ave Description: Lt 18 PL 308 Kitchener; Pt Lt 17, 19, 23 PL 308 Kitchener; Pt Lt 1 WLY Range PL 589 Twp of Waterloo; Pt Lt 183 Streets & Lanes Kitchener (Being Pt of Guerin Av Formerly Brant Av Closed by By0law No. 5262 Registered as 287362) As in 742539 Except Pts 1 to 4 58R6635; Kitchener Owner: 1000589420 Ontario Inc (Alpha Capital Management) Applicant: MHBC c/o Pierre Chauvin and Robyn McIntyre The owner/applicant has applied for a consent for easement over 179 Jansen Ave. The approximate area of the easement is 760.33 m2. The purpose of the easement is to provide access to property owners at 179 Jansen Ave and 181 Jansen Ave. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. Threats Inventory Database mapping 179 Jansen Ave, Kitchener Regional Fees: Regional staff have received the fee for consent review of $350. Regional Staff have no objection to Consent File B2025-009. Document Number: 4936939 Page 193 of 282 AM File No: B 2025-010 Address: 57 and 59 Iron Gate St. Description: Part 3 & 4, Lot 2, RP 58M-430 Owners: Vasile Sabo and Emanuela Sabo Applicant: Emanuel Catana The two parts of the subject parcel were inadvertently registered in common title at the time of financing and have merged. The owners are applying to recreate the two separate and conveyable lots (57 and 59 Iron Gate St) that existed prior to merging. The proposed severed parcel contains one semi-detached dwelling unit and has an area of 251.38 m2. The proposed retained parcel also contains one semi-detached dwelling unit and has an area of 251.32 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats on properties adjacent to the subject property. Threats Inventory Database mapping for 59 and 57 Iron Gate Drive, Kitchener. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B2025-010 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 194 of 282 AM File No: B 2025-011 Address: 400 Westwood Drive Description: Part Lot 1-2 Plan 1536 Kitchener Part 1, 58R-12471 Owners: Anel and Zakia Kardumovic Applicant: Christian Tsimenidis, UP Consulting Consent application B2025-011 is to sever 1789 m2 from the rear yard of 400 Westwood Drive and merge it on title to enlarge 787 Glasgow Street. The retained parcel (400 Westwood Drive) will have an area of 2501 m2. The new lot area of 787 Glasgow will be 3833 m2. No new lots are proposed. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium thi - Threats Inventory Database mapping for 400 Westwood Drive. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of consent approval. Regional Staff have no objection to Consent File B 2025-011 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 195 of 282 Uiy► I;1ra►r•71:3'k1Y*7ff1ZV Address: 112 Kehl Street Description: Lot 33, Registered Plan 384 Owners: Nader and Pegah Ensafi The applicants have built a semi-detached residence on the subject property. The purpose of Consent Application B2025-12 is to create a new lot. They have applied to sever the lot and have a separate address for each residential lot. The area of the severed parcel is proposed to be 388 m2, and the area of the retained parcel is also proposed to be 388 m2. Risk Management Official: The property at 112 Kehl St, Kitchener is in a Source Protection area where Risk Management Plan or prohibition policies implemented by the Region of Waterloo may apply. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required prior to formal application. The applicant should be directed to TAPS(https://taps.regionofwaterloo.ca) to determine all applicable source protection plan requirements, and to contact the Risk Management Official (rmo@regionofwaterloo.ca) as required. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 112 Kehl Street. Document Number: 4936939 Page 196 of 282 Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-012 subject to the following conditions: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. 2. A Notice of Source Protection Plan Compliance (Section 59 Notice) is provided to the satisfaction of the Regional Municipality of Waterloo. Document Number: 4936939 Page 197 of 282 0 iy► I;1 [:a► r•71:]KIN-7KIZ 91 Address: 1100 Union Street Description: Lot 25, Registered Plan 789 Owner: David Salvatore Applicant: Craig Dumart This applicant proposes to sever the subject property into two lots. The severed parcel is vacant, and the owner/applicant is planning to build a single detached dwelling on the vacant parcel. The retained parcel has a residential building with three units. The lot area of the severed parcel is 235 m2. The lot area of the retained parcel is 378 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the Threat Inventory Database on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 198 of 282 r— Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 198 of 282 General Comments: Any submission requirements may be subject to peer review, at the owner/applicant's expense as per By-law 24-052. If any other applications are required to facilitate the application additional fees and/or 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. Thank you, Susanna Reid, MCIP RPP, Senior Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 4936939 Page 199 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 200 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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 7 DATE OF REPORT: March 31, 2025 REPORT NO.: DSD -25-158 SUBJECT: Consent Application B2025-010 — 57 and 59 Iron Gate Street RECOMMENDATION: That Consent Application B2025-010 for 57 and 59 Iron Gate Street requesting consent to sever a parcel of land having a lot width of 7.8 metres on Iron Gate Street, a lot depth of 31.8 metres and a lot area of 251 square metres, BE APPROVED, subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the Owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That prior to final approval, the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to assess a request to sever an existing property that has merged on title and containing a semi-detached dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 201 of 282 • The key finding of this report is that the request is technical in nature required to facilitate a real-estate transaction to convey an independent parcel. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located at 57 and 59 Iron Gate Street near the major intersection of Ira needles Boulevard and University Avenue West (see Figure 1). The subject property contains an existing semi-detached dwelling on property described legally as PLAN 58M- 430 PT LOT 2 RP 58R-15739 PT 4. ell 110--A Figure 1 — Aerial Photo of Subject Property ILN The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Zone (RES -4)' in Zoning By-law 2019-051. The owner wishes to sell one-half of the semi-detached dwelling and has discovered 57 and 59 Iron Gate Street have merged on title. Therefore, a consent is required to in order to facilitate the creation of independent parcels (see Figure 2). Page 202 of 282 Z.,w[rRw.w,,.+r�.r rR.QA,Yr.�rtR wu w er .rrc +A.r. rmum .. mMcssu►ua<.+ciawe°'sw`-'.r'ry� I, Mf�RY !^ar w1 Iwi4 r0 w[M srnw r% eCr�Mtr R E rs �rFrra fa.Yuw w sw.erws r, w . fd.s[ wARns raR N oiAresa r..o ri.r ..wr ar r.[ [r.n .a[•nAY . r � r*.rws w iwY:n.i wi wu resMAr rµ l__.: _ Y1Yr. V NLY Z. ` W: 5lfii srICUCmI tN� H 09Y'G. mar. rover. rrt++[a .PR m.ac lrvfl r!ir[L •warrA nSYAms OfMl+li }.4fa }re Rr.[5 rsa w b K tdF ar rn KOTES FAR f ! .WEA cvni+Acr - 11Tr R PAR? 4 W PS1-S As$ lYOf/fr AREA . yf.0 ,na (r N GARA4 RodY . 0W UNIVERSITY AVE VC 30�[ for }A 2 L i d i w R—, ml? SKETCH PREPAKO TOR ®Ut4UMC PERNtS APPUCADON SCALE t 250 i �Y YI+Aif uY'm: reRUKs }ws Yw RS AA' rt w s[IRS •9 A R ORrrlq Fr4Y f rr� R r}. corns.. rn r .w a NAY r fr.A..w ��.. ar � R wr [mr nor rK urrrf. rerAn f. x ril .Ina C(`I'Y OF KITC'HE;NER Date of I LOT 3 JUL ] 31004 I r"r AS•EetvrOed aury" slsysnua by PROPOSED +. � � 58A1—s.;�J SlAmec L'A9suiLAg SEUI — ETAGi fP.ACAO r3ls111! i lONC — r Yrel 3 u � •.[a a mMusRr�� * L iY. Yk " W.. tai r wr Y - � can r s. rMYt )RON CA TE STREET •.x. SKFTCH RAs PRFPAKD Rfrl AlIFOR[ST eRY44 SEVMEF4, Rt DONALDSM R.ACR, WO!WN YU Y�E pROiNW/ EO ACCEV3 .O Sr OEfY LSnd[SBUTY FOR VY fit �ajn[ S win B C Y,JPKAYb land gy,�p w; l rt. urvF rYrv• ` _ � .'ilMr; SSY yreww mrn Moi rrii orrp, fe .. Figure 2 — Proposed Survey Sketch A site visit occurred on March 27, 2025 (see Figure 3). Page 203 of 282 Figure 3 — Photo of Site REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) Staff are satisfied that the proposed severance application is 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 Urban Area policies state that the focus of the Region's future growth shall be within the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2. D.1 of the ROP as this neighbourhood provides for the physical and community infrastructure required for the Page 204 of 282 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. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent is to support various forms of low-rise residential building forms within this designation, including semi-detached dwellings. The creation of lots is addressed through policy and it has been determined this is technical in nature due to the merger and therefore conforms. Zoning By-law 2019-051 The subject property is zoned `Low Rise Residential Zone (RES -4)' in Zoning By-law 2019-051. The creation of separate parcels complies with the zoning regulations for lot area and width. The building setbacks also comply with zoning. Zoning By-law 85-1 stated that "In the case of a semi-detached dwelling with an attached garage the driveway may extend beyond the width of the attached garage to a maximum width of 5.2 metres and shall be located no closer than 0.6 metres to the side lot line which is not located along the common wall of the same dwelling." Accordingly, an existing driveway width of 5.2 metres is legal non -conforming. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: Engineering has no comment and confirm that separate services exist to each lot. Parks and Cemeteries/Forestry Division Comments: Technical severance — no parkland dedication is required. Transportation Planning Comments: No concerns. Page 205 of 282 Region of Waterloo No objection but request a $350 Consent Fee as a condition of approval. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 Page 206 of 282 N* Region of waterloo Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 VIA EMAIL: CofA@kitchener.ca PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www. regionofwaterloo.ca Susanna Reid Cell: 519-502-8298 File: D20-20/25 KIT March 31, 2025 Re: Comments on Consent Applications: B2025-010 to B2025-013 Committee of Adjustment Hearing April 15, 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. Document Number: 4936939 Page 207 of 282 AM File No: B2025- 009 Address: 179 Jansen Ave Description: Lt 18 PL 308 Kitchener; Pt Lt 17, 19, 23 PL 308 Kitchener; Pt Lt 1 WLY Range PL 589 Twp of Waterloo; Pt Lt 183 Streets & Lanes Kitchener (Being Pt of Guerin Av Formerly Brant Av Closed by By0law No. 5262 Registered as 287362) As in 742539 Except Pts 1 to 4 58R6635; Kitchener Owner: 1000589420 Ontario Inc (Alpha Capital Management) Applicant: MHBC c/o Pierre Chauvin and Robyn McIntyre The owner/applicant has applied for a consent for easement over 179 Jansen Ave. The approximate area of the easement is 760.33 m2. The purpose of the easement is to provide access to property owners at 179 Jansen Ave and 181 Jansen Ave. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. Threats Inventory Database mapping 179 Jansen Ave, Kitchener Regional Fees: Regional staff have received the fee for consent review of $350. Regional Staff have no objection to Consent File B2025-009. Document Number: 4936939 Page 208 of 282 AM File No: B 2025-010 Address: 57 and 59 Iron Gate St. Description: Part 3 & 4, Lot 2, RP 58M-430 Owners: Vasile Sabo and Emanuela Sabo Applicant: Emanuel Catana The two parts of the subject parcel were inadvertently registered in common title at the time of financing and have merged. The owners are applying to recreate the two separate and conveyable lots (57 and 59 Iron Gate St) that existed prior to merging. The proposed severed parcel contains one semi-detached dwelling unit and has an area of 251.38 m2. The proposed retained parcel also contains one semi-detached dwelling unit and has an area of 251.32 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats on properties adjacent to the subject property. Threats Inventory Database mapping for 59 and 57 Iron Gate Drive, Kitchener. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B2025-010 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 209 of 282 AM File No: B 2025-011 Address: 400 Westwood Drive Description: Part Lot 1-2 Plan 1536 Kitchener Part 1, 58R-12471 Owners: Anel and Zakia Kardumovic Applicant: Christian Tsimenidis, UP Consulting Consent application B2025-011 is to sever 1789 m2 from the rear yard of 400 Westwood Drive and merge it on title to enlarge 787 Glasgow Street. The retained parcel (400 Westwood Drive) will have an area of 2501 m2. The new lot area of 787 Glasgow will be 3833 m2. No new lots are proposed. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium thi - Threats Inventory Database mapping for 400 Westwood Drive. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of consent approval. Regional Staff have no objection to Consent File B 2025-011 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 210 of 282 Uiy► I;1ra►r•71:3'k1Y*7ff1ZV Address: 112 Kehl Street Description: Lot 33, Registered Plan 384 Owners: Nader and Pegah Ensafi The applicants have built a semi-detached residence on the subject property. The purpose of Consent Application B2025-12 is to create a new lot. They have applied to sever the lot and have a separate address for each residential lot. The area of the severed parcel is proposed to be 388 m2, and the area of the retained parcel is also proposed to be 388 m2. Risk Management Official: The property at 112 Kehl St, Kitchener is in a Source Protection area where Risk Management Plan or prohibition policies implemented by the Region of Waterloo may apply. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required prior to formal application. The applicant should be directed to TAPS(https://taps.regionofwaterloo.ca) to determine all applicable source protection plan requirements, and to contact the Risk Management Official (rmo@regionofwaterloo.ca) as required. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 112 Kehl Street. Document Number: 4936939 Page 211 of 282 Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-012 subject to the following conditions: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. 2. A Notice of Source Protection Plan Compliance (Section 59 Notice) is provided to the satisfaction of the Regional Municipality of Waterloo. Document Number: 4936939 Page 212 of 282 0 iy► I;1 [:a► r•71:]KIN-7KIZ 91 Address: 1100 Union Street Description: Lot 25, Registered Plan 789 Owner: David Salvatore Applicant: Craig Dumart This applicant proposes to sever the subject property into two lots. The severed parcel is vacant, and the owner/applicant is planning to build a single detached dwelling on the vacant parcel. The retained parcel has a residential building with three units. The lot area of the severed parcel is 235 m2. The lot area of the retained parcel is 378 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the Threat Inventory Database on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 213 of 282 r— Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 213 of 282 General Comments: Any submission requirements may be subject to peer review, at the owner/applicant's expense as per By-law 24-052. If any other applications are required to facilitate the application additional fees and/or 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. Thank you, Susanna Reid, MCIP RPP, Senior Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 4936939 Page 214 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 215 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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 8 DATE OF REPORT: April 2, 2025 REPORT NO.: DSD -2025-176 SUBJECT: Consent Application B2025-011 — 400 Westwood Drive RECOMMENDATION: That Consent Application B2025-011 requesting consent to sever a parcel of land having a lot width of 46.6 metres, a lot depth of 39.4 metres and a lot area of 1789 square metres from the property municipally addressed as 400 Westwood, to be conveyed as a lot addition to the property municipally addressed as 787 Glasgow Street, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the 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 Director, Development and Housing Approvals, and registered on title to the lands identified as "Lot C " (as shown in the Proposed Severance Sketch Plan, prepared by Van Harten Land Surveyors and Engineers, dated February 19, 2025, attached to Report DSD -2025-176) and PLAN 1536 LOT 4, to provide the following: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 216 of 282 "That title to the Severed Lands and PLAN 1536 LOT 4 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands nor PLAN 1536 LOT 4 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing." 5. That the Owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels for the Severed Lands and PLAN 1536, LOT 4 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. 6. 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 satisfaction of the City's Chief Building Official. The Assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 7. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to facilitate a transfer of land from a residential lot to the adjacent residential lot, both containing existing detached dwellings. 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 Page 217 of 282 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the east side of Westwood Drive near the intersection of Glasgow Street. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is split -zoned `Low Rise Residential One Zone (RES -1)' with Site Specific Provision 416 and `Low Rise Residential Four Zone (RES -4)' with Site Specific Provision 416 in Zoning By-law 2019-051. The purpose of the application is to facilitate the conveyance of a portion of the rear yard of an existing residential detached dwelling at 400 Westwood Drive to the abutting property at 787 Glasgow Street. On January 20, 2025, City Council approved a Zoning By-law Amendment Application on the subject lands at 400 Westwood Drive to change the zoning on a portion of the lands to RES -4 and establish Site Specific Provision 416 across the entirety of the lands in order to facilitate the development of a portion of the lands with five (5) street townhouse dwellings, as well as to establish a tree protection area on the balance of the lands. The proposed severed lot to be added as a lot addition to 787 Glasgow Street is fully within the tree protection area and does permit the future development of any buildings or structures. 12`st 4 � � 400 S 35. 39631 it 392. 27222 Figure 1: Location of Subject Property Page 218 of 282 As x :;A '' JL- { ,y}k k 9 AIIP� Figure 4: Severance Sketch illustrating the Proposed Lot Addition (Van Harten Land Surveyors and Engineers) P'N 2-1448 1k787 GAMOW 5T. LU LLJ 7M on UNE pp V, 0 0 (D—IopaWArea: Pb: LOT F-1 ti PhV 22449 4 Wd4 P5 5F :–PROTECTION Ti*. Pmbtfim Ar9a- Ci 49.73' LOT 1 TDial Lot Area: 1, 1 5BMr) ADDITION TO 787 GLASGOW STREET ft) QT PW 22448 001.3 (LT) IN—M LOT 3 .3 clwry 49 3 TREE 105_9m') F 711, ___7 ----------------- WESTWOOD DRIVE LOT 4 (ESTARLIMED BY RE6151TRED PLAN 1273)nc pin 22448 0007 (area: Figure 4: Severance Sketch illustrating the Proposed Lot Addition (Van Harten Land Surveyors and Engineers) Figure 5: Approved Plan for Five (5) Street Townhouse Dwellings and Tree Protection Area Page 220 of 282 1k787 GAMOW 5T. LOT 2 (D—IopaWArea: yql�TREE T 1 :–PROTECTION Ti*. Pmbtfim Ar9a- LINE LOT 1 TDial Lot Area: 1, 1 5BMr) ADDITION TO 787 GLASGOW STREET ft) (19,'0927 (0.18 ba) (0.44 ac) LOT 3 TREE 105_9m') PROTECTICIft- LNE LOT 4 (area: TREE L07 5 PROTECTION LINE 185.9m.) TOTAL _-jITE AIREA 3,837.6Ms(41.30?8') @038 ha) (094 2Q TREE PROTECTED AREA 2.748 m' C29.579 PP) C275 ria) (680 ac) 66511y I's m0_2m2) F �6 Figure 5: Approved Plan for Five (5) Street Townhouse Dwellings and Tree Protection Area Page 220 of 282 I Figure 5: Zoning Map Showing Split RES-1/RES-4 Zoning GLASGOW - ST 0 D LL] 41.4m 39.4m rn in 3 TREE . PROTECTION_ RES -4 AREA (416)' 31.2m 5 .t)rt1 24.8m Figure 6: Tree Protection Area established in Site Specific Provision 416 Page 221 of 282 SUBJECT ARE AMENDMENT TO BY-LAW 2019-051 AREA 1 - FROM LOW RISE RESIDENTIAL ONE ZONE (RES -1) AREA TO LOW RISE RESIDENTIAL FOUR ZONE (RES -4) WITH SITE SPECIFIC PROVISION (416) 2 AREA 2 FROM LOW RISE RESIDENTIAL ONE ZONE (RFS -1) TO LOW RISE RESIDENTIAL ONE ZONE (RES -1) WITH SITE SPECIFIC PROVISION (416) I Figure 5: Zoning Map Showing Split RES-1/RES-4 Zoning GLASGOW - ST 0 D LL] 41.4m 39.4m rn in 3 TREE . PROTECTION_ RES -4 AREA (416)' 31.2m 5 .t)rt1 24.8m Figure 6: Tree Protection Area established in Site Specific Provision 416 Page 221 of 282 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) The Provincial Planning Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The subject application does not propose any development, rather it is an adjustment of lot lines. Planning Staff is of the opinion that the application is consistent with the PPS. Regional Official Plan (ROP): Regional policies in the ROP require Area 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. Planning staff are of the opinion that the application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Area on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.4 of the Official Plan states the following: "17.E.20.4. Consents may be permitted for the creation of a new lot, boundary adjustments, rights of -way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created." The retained lands will meet the minimum lot size requirements for a detached dwelling in the Zoning By-law and contains sufficient lot size to be developed with 5 street townhouse dwellings as per the approved plan shown in Figure 5. No undersized lots will be created as a result of the proposed lot addition/boundary adjustment. The proposed consent application conforms to the Official Plan in the opinion of Planning Staff. Zoning By-law 2019-051 The subject property is split -zoned `Low Rise Residential One Zone (RES -1)' with Site Specific Provision 416 and `Low Rise Residential Four Zone (RES -4)' with Site Specific Provision 416 in Zoning By-law 2019-051. This zoning was established through Zoning By- law Amendment application ZBA21/012/E/ES in which City Council approved By-law 2025-014 on January 20, 2025. The proposed lot addition was contemplated through the development concept advanced through the Zoning By-law Amendment application. Planning Staff confirm that the proposed lot addition complies with the Zoning By-law. 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 proposed lot addition is desirable and appropriate. Page 222 of 282 Environmental Planning Comments: It should be noted that the rear -yard area of the lot addition from 400 Westwood Drive to 787 Glasgow Street has been recently re -zoned with Site Specific Provision 416 which identifies this as a Tree Protection Area. Further, when the lot addition is merged with the original lands at 787 Glasgow Street the new lot area will be 1.39 acres and therefore the entirety (including current 787 Glasgow Street) of the new larger lot will be subject to Kitchener's Tree Conservation Bylaw. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed consent provided the condition is applied for the Retained lands: 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: Spatial separation of existing buildings' wall face to the 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: Engineering has no comments. Parks and Cemeteries/Forestry Division Comments: Application is for Lot addition — no new lot is created, and no parkland dedication is required. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: Consent application B2025-011 is to sever 1789 m2 from the rear yard of 400 Westwood Drive and merge it on title to enlarge 787 Glasgow Street. The retained parcel (400 Westwood Drive) will have an area of 2501 m2. The new lot area of 787 Glasgow will be 3,833 m2. No new lots are proposed. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Regional Consent Review Fee: Regional staff have not received the fee for consent Page 223 of 282 review of $350 per application. The fee payment is requested as a condition of consent approval. Regional Staff have no objection to Consent File B2025-011 subject to the following condition: 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2025-004- Zoning By-law Amendment Report- 400 Westwood Drive • DSD -2025-038- Zoning By-law Amendment Addendum Report- 400 Westwood Drive ATTACHMENTS: Attachment A — Severance Sketch Page 224 of 282 E z E 50 F- Q U Z W Z �Zy W Om. Z C7 y� 'W cm 3 N'a90 W (7r DOU O F=-v�iu V N O I85O SbbZZ N!d o (n 9L00 j 8bbZZ N/d uo . up I 3:)N33 E9bL Mn Nlh'HJ10"[g wmm 30N3d� OWN 3JN33 LLoo IL_ 3c r NNG r� u ❑wz 8£l NVbH7 — z � mLLo I �' L, _ C: 3 v 19•S ^ v l C� LU (L 7) - Oxz z LLo w 3 zaso P 00 i}= LLQ 8v� O w t Zz ASPHALT O 0 °C N LL'6l Nld DR{VEWAY > N Zco f ❑ 06El +� w u `7317 z3 1 w J 4 y3 o N co LO w a 37N33 86"b£ )Nn NIVH7 ••• LD ... Z ❑ NNIi vWxi NIbN7 ZOm ... LL GG L J �L- � I � H +I o E r } C a 0 tq OW m p Cb H p u m ❑ +I q 06 F X9.8 a '+76h O U H OT = N O 0 N .... 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LL GG L J �L- � I � H +I o Cb H u ❑ +I q F X9.8 a '+76h O _ p©z N Q, V1 1 � �N1N3QIM.�33d15 � z000 - rof�zz 1.3815 mogsv7,q N* Region of waterloo Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 VIA EMAIL: CofA@kitchener.ca PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www. regionofwaterloo.ca Susanna Reid Cell: 519-502-8298 File: D20-20/25 KIT March 31, 2025 Re: Comments on Consent Applications: B2025-010 to B2025-013 Committee of Adjustment Hearing April 15, 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. Document Number: 4936939 Page 226 of 282 AM File No: B2025- 009 Address: 179 Jansen Ave Description: Lt 18 PL 308 Kitchener; Pt Lt 17, 19, 23 PL 308 Kitchener; Pt Lt 1 WLY Range PL 589 Twp of Waterloo; Pt Lt 183 Streets & Lanes Kitchener (Being Pt of Guerin Av Formerly Brant Av Closed by By0law No. 5262 Registered as 287362) As in 742539 Except Pts 1 to 4 58R6635; Kitchener Owner: 1000589420 Ontario Inc (Alpha Capital Management) Applicant: MHBC c/o Pierre Chauvin and Robyn McIntyre The owner/applicant has applied for a consent for easement over 179 Jansen Ave. The approximate area of the easement is 760.33 m2. The purpose of the easement is to provide access to property owners at 179 Jansen Ave and 181 Jansen Ave. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. Threats Inventory Database mapping 179 Jansen Ave, Kitchener Regional Fees: Regional staff have received the fee for consent review of $350. Regional Staff have no objection to Consent File B2025-009. Document Number: 4936939 Page 227 of 282 AM File No: B 2025-010 Address: 57 and 59 Iron Gate St. Description: Part 3 & 4, Lot 2, RP 58M-430 Owners: Vasile Sabo and Emanuela Sabo Applicant: Emanuel Catana The two parts of the subject parcel were inadvertently registered in common title at the time of financing and have merged. The owners are applying to recreate the two separate and conveyable lots (57 and 59 Iron Gate St) that existed prior to merging. The proposed severed parcel contains one semi-detached dwelling unit and has an area of 251.38 m2. The proposed retained parcel also contains one semi-detached dwelling unit and has an area of 251.32 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats on properties adjacent to the subject property. Threats Inventory Database mapping for 59 and 57 Iron Gate Drive, Kitchener. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B2025-010 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 228 of 282 AM File No: B 2025-011 Address: 400 Westwood Drive Description: Part Lot 1-2 Plan 1536 Kitchener Part 1, 58R-12471 Owners: Anel and Zakia Kardumovic Applicant: Christian Tsimenidis, UP Consulting Consent application B2025-011 is to sever 1789 m2 from the rear yard of 400 Westwood Drive and merge it on title to enlarge 787 Glasgow Street. The retained parcel (400 Westwood Drive) will have an area of 2501 m2. The new lot area of 787 Glasgow will be 3833 m2. No new lots are proposed. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium thi - Threats Inventory Database mapping for 400 Westwood Drive. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of consent approval. Regional Staff have no objection to Consent File B 2025-011 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 229 of 282 Uiy► I;1ra►r•71:3'k1Y*7ff1ZV Address: 112 Kehl Street Description: Lot 33, Registered Plan 384 Owners: Nader and Pegah Ensafi The applicants have built a semi-detached residence on the subject property. The purpose of Consent Application B2025-12 is to create a new lot. They have applied to sever the lot and have a separate address for each residential lot. The area of the severed parcel is proposed to be 388 m2, and the area of the retained parcel is also proposed to be 388 m2. Risk Management Official: The property at 112 Kehl St, Kitchener is in a Source Protection area where Risk Management Plan or prohibition policies implemented by the Region of Waterloo may apply. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required prior to formal application. The applicant should be directed to TAPS(https://taps.regionofwaterloo.ca) to determine all applicable source protection plan requirements, and to contact the Risk Management Official (rmo@regionofwaterloo.ca) as required. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 112 Kehl Street. Document Number: 4936939 Page 230 of 282 Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-012 subject to the following conditions: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. 2. A Notice of Source Protection Plan Compliance (Section 59 Notice) is provided to the satisfaction of the Regional Municipality of Waterloo. Document Number: 4936939 Page 231 of 282 0 iy► I;1 [:a► r•71:]KIN-7KIZ 91 Address: 1100 Union Street Description: Lot 25, Registered Plan 789 Owner: David Salvatore Applicant: Craig Dumart This applicant proposes to sever the subject property into two lots. The severed parcel is vacant, and the owner/applicant is planning to build a single detached dwelling on the vacant parcel. The retained parcel has a residential building with three units. The lot area of the severed parcel is 235 m2. The lot area of the retained parcel is 378 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the Threat Inventory Database on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 232 of 282 r— Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 232 of 282 General Comments: Any submission requirements may be subject to peer review, at the owner/applicant's expense as per By-law 24-052. If any other applications are required to facilitate the application additional fees and/or 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. Thank you, Susanna Reid, MCIP RPP, Senior Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 4936939 Page 233 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 234 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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 9 DATE OF REPORT: April 1, 2025 REPORT NO.: DSD -25-167 SUBJECT: Consent Application B2025-012 — 112 Kehl Street RECOMMENDATION: That Consent Application B2025-012 for 112 Kehl Street requesting consent to sever a parcel of land having a lot width of 8.3 metres on Kehl Street, a lot depth of 46.3 metres and a lot area of 388 square metres, BE APPROVED, subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the 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 to the satisfaction of the City's Director of Engineering Services, 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. Page 235 of 282 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 Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 8. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 9. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 10. That prior to final approval, the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That prior to final approval, the Owner submits a valid Section 59 Notice. REPORT HIGHLIGHTS: • The purpose of this report is to review the application to sever the subject lands into two (2) parcels to facilitate the creation of separate parcels for each half of a semi- detached dwelling to be conveyed independently. • The key finding of this report is that the Consent Application aligns with applicable policies. As such, staff recommends approval of the application. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the east side of Kehl Street just south of the intersection of Hoffman and Kehl Streets (see Figure 1). The property previously contained a single detached dwelling which has been demolished and a semi-detached dwelling erected in its place (see Figure 2). A site visit occurred on March 28, 2025. Page 236 of 282 r.� Figure 1: Location Map — 112 Kehl Street (Outlined in : ) Page 237 of 282 Figure 2: Semi-detached dwelling under construction The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The property also falls within `Appendix C — Central Neighbourhoods Area' and `Appendix D — Established Neighbourhoods Area' in Zoning By-law 2019-051. The purpose of the consent application is to divide the property into two (2) separate parcels of land to convey separate and independent parcels of land for each half of a semi-detached dwelling unit as illustrated in Figure 3. Page 238 of 282 '444 OA- PLAN PART 2 o PART —6830 LW 6� I PA,N. 22494-0128 N 62"26' 10" E P2 x sK 46,330 iI la um — - AlB.SD—.---"-----`---- 16.47 — —__ PROPOSED SEVERANCE i~ Ca a.49 �,..� c > .210-----------�-� .ti i zs ;0 ARFA 388.0 M' 0 A�noPas�D DCeIYEMMr I ? *� — I I� N Ah.�v�,rn� r I �wxrmQw M4L —t I w � ® I ry 5p[ PROPQSEQ QRIVENAaY L A J+ 0- ---- m S. ----TJ pv' I RETAINED LANDS 0 a AREA = 388.0 m' c "1 0.6 - 9.557 _—� — — — ------------- •— 18.47 n u i W■ F O is Q.6� f _ 4-.-aw.ex.. Esr.>e.- —.� W 9 F ff ' r WOOD RUMN ING WALL N 62°20'30" E WOOD RErA N WG WALL 46.330 @ 17g V P.I.N. 22494-0130 P.1 -N. 22494-013.2 t w u� Figure 3: Proposed Severance Sketch Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) Staff are satisfied that the proposed severance application is 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 Urban Area policies state that the focus of the Region's future growth shall be within the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2. D.1 of the ROP as this neighbourhood provides for the physical and community infrastructure required for the Page 239 of 282 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. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. The proposed severance conforms to this aspect of the Official Plan and maintains the residential land use designation and general intent. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed severed and retained lots satisfy the minimum zoning requirements for lot width and lot area. The proposed lots also reflect the general scale and character of the established development pattern for this area as shown in Figure 1. Finally, the lots have suitable frontage on a public street, access to full municipal services, do not restrict development of adjacent properties, and do not require a plan of subdivision. As such, Page 240 of 282 staff are satisfied that he proposed severance conforms to the City of Kitchener Official Plan. Zoning By-law 2019-051 The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The property also falls within `Appendix C — Central Neighbourhoods Area' and `Appendix D — Established Neighbourhoods Area' in Zoning By-law 2019-051. The proposed development is zoning complaint with respect to lot area, lot width, building setback and maximum driveway width requirements. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. Environmental Planning Comments: No comments Heritage Planning Comments: No comments Building Division Comments: The Building Division has no objections to the proposed consent 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 eric.riek(o)kitchener.ca. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's 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 Page 241 of 282 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 $11,862.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 8.39 metre at a land value of $36,080.00 per frontage meter with a per unit cap of $11,862.00. Urban Forestry compensation has been paid for the removal of a City owned street tree. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: No objection but do require a $350 review fee and a valid Section 59 Notice as conditions of approval. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 Page 242 of 282 N* Region of waterloo Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 VIA EMAIL: CofA@kitchener.ca PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www. regionofwaterloo.ca Susanna Reid Cell: 519-502-8298 File: D20-20/25 KIT March 31, 2025 Re: Comments on Consent Applications: B2025-010 to B2025-013 Committee of Adjustment Hearing April 15, 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. Document Number: 4936939 Page 243 of 282 AM File No: B2025- 009 Address: 179 Jansen Ave Description: Lt 18 PL 308 Kitchener; Pt Lt 17, 19, 23 PL 308 Kitchener; Pt Lt 1 WLY Range PL 589 Twp of Waterloo; Pt Lt 183 Streets & Lanes Kitchener (Being Pt of Guerin Av Formerly Brant Av Closed by By0law No. 5262 Registered as 287362) As in 742539 Except Pts 1 to 4 58R6635; Kitchener Owner: 1000589420 Ontario Inc (Alpha Capital Management) Applicant: MHBC c/o Pierre Chauvin and Robyn McIntyre The owner/applicant has applied for a consent for easement over 179 Jansen Ave. The approximate area of the easement is 760.33 m2. The purpose of the easement is to provide access to property owners at 179 Jansen Ave and 181 Jansen Ave. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. Threats Inventory Database mapping 179 Jansen Ave, Kitchener Regional Fees: Regional staff have received the fee for consent review of $350. Regional Staff have no objection to Consent File B2025-009. Document Number: 4936939 Page 244 of 282 AM File No: B 2025-010 Address: 57 and 59 Iron Gate St. Description: Part 3 & 4, Lot 2, RP 58M-430 Owners: Vasile Sabo and Emanuela Sabo Applicant: Emanuel Catana The two parts of the subject parcel were inadvertently registered in common title at the time of financing and have merged. The owners are applying to recreate the two separate and conveyable lots (57 and 59 Iron Gate St) that existed prior to merging. The proposed severed parcel contains one semi-detached dwelling unit and has an area of 251.38 m2. The proposed retained parcel also contains one semi-detached dwelling unit and has an area of 251.32 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats on properties adjacent to the subject property. Threats Inventory Database mapping for 59 and 57 Iron Gate Drive, Kitchener. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B2025-010 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 245 of 282 AM File No: B 2025-011 Address: 400 Westwood Drive Description: Part Lot 1-2 Plan 1536 Kitchener Part 1, 58R-12471 Owners: Anel and Zakia Kardumovic Applicant: Christian Tsimenidis, UP Consulting Consent application B2025-011 is to sever 1789 m2 from the rear yard of 400 Westwood Drive and merge it on title to enlarge 787 Glasgow Street. The retained parcel (400 Westwood Drive) will have an area of 2501 m2. The new lot area of 787 Glasgow will be 3833 m2. No new lots are proposed. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium thi - Threats Inventory Database mapping for 400 Westwood Drive. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of consent approval. Regional Staff have no objection to Consent File B 2025-011 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 246 of 282 Uiy► I;1ra►r•71:3'k1Y*7ff1ZV Address: 112 Kehl Street Description: Lot 33, Registered Plan 384 Owners: Nader and Pegah Ensafi The applicants have built a semi-detached residence on the subject property. The purpose of Consent Application B2025-12 is to create a new lot. They have applied to sever the lot and have a separate address for each residential lot. The area of the severed parcel is proposed to be 388 m2, and the area of the retained parcel is also proposed to be 388 m2. Risk Management Official: The property at 112 Kehl St, Kitchener is in a Source Protection area where Risk Management Plan or prohibition policies implemented by the Region of Waterloo may apply. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required prior to formal application. The applicant should be directed to TAPS(https://taps.regionofwaterloo.ca) to determine all applicable source protection plan requirements, and to contact the Risk Management Official (rmo@regionofwaterloo.ca) as required. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 112 Kehl Street. Document Number: 4936939 Page 247 of 282 Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-012 subject to the following conditions: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. 2. A Notice of Source Protection Plan Compliance (Section 59 Notice) is provided to the satisfaction of the Regional Municipality of Waterloo. Document Number: 4936939 Page 248 of 282 0 iy► I;1 [:a► r•71:]KIN-7KIZ 91 Address: 1100 Union Street Description: Lot 25, Registered Plan 789 Owner: David Salvatore Applicant: Craig Dumart This applicant proposes to sever the subject property into two lots. The severed parcel is vacant, and the owner/applicant is planning to build a single detached dwelling on the vacant parcel. The retained parcel has a residential building with three units. The lot area of the severed parcel is 235 m2. The lot area of the retained parcel is 378 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the Threat Inventory Database on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 249 of 282 r— Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 249 of 282 General Comments: Any submission requirements may be subject to peer review, at the owner/applicant's expense as per By-law 24-052. If any other applications are required to facilitate the application additional fees and/or 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. Thank you, Susanna Reid, MCIP RPP, Senior Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 4936939 Page 250 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 251 of 282 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Eric Schneider, Senior Planner, 519-783-8918 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: April 2, 2025 REPORT NO.: DSD -2025-169 SUBJECT: Minor Variance Application A2025-042 —1100 Union Street Consent Application B2025-013 — 1100 Union Street RECOMMENDATION: A. Minor Variance Application A2025-042 - 1100 Union Street That Minor Variance Application A2025-042 for 1100 Union Street requesting relief from the following sections of Zoning By-law: i) Section 4.6 a) to permit a new lot without frontage on a street whereas Zoning By-law requires all lots, buildings and structures thereon to have frontage on a street; and ii) Section 7.3, Table 7-2, to permit a rear yard setback of 5 metres instead of the minimum required 7.5 metres; to facilitate the development of a new detached dwelling on a proposed severed parcel of land from 1100 Union Street, BE REFUSED. B. Consent Application B2025-013 — 1100 Union Street That Consent Application B2025-013 for 1100 Union Street requesting consent to sever a parcel of land having a lot width of 17.1 metres, a lot depth of 16.8 metres and a lot area of 235 square metres, BE REFUSED. REPORT HIGHLIGHTS: • The purpose of this report is to evaluate the applications for minor variance and consent to sever a parcel of land to permit construction of a new detached dwelling. • The key finding of this report is that the requested minor variances and consent to sever application do not meet criteria of the Planning Act and the City's policies. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 252 of 282 • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the northwest corner of Union Street and Union Lane. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to sever a parcel of land to permit construction of a new detached dwelling. The Consent and Minor Variance Applications were originally submitted by the Applicant by the January 31St, 2025, digital deadline with intent that they be scheduled and considered on the March Committee of Adjustment Agenda. The Minor Variance Application proposed variances for a reduced lot area, less than the minimum 235 square metres, and rear yard setback from 7.5 metres to 5 metres, for a severed parcel from 1100 Union Street. Upon an initial review by Planning Staff, it was noted that the severed parcel would not have frontage on a street as required by Section 4.6 a) of the City's Zoning By-law. Planning staff met with the Applicant and Owner on February 28th, 2025, to discuss the applications. It was conveyed that Planning Staff could not support the applications for Minor Variance and Consent. The lot would not have the required lot area and the required frontage on a `Street' as defined by the Zoning By-law and would not be support by policy. "4.6 FRONTAGE ON A STREET Unless otherwise provided for in this By-law, no person shall erect any building or structure, or use any building, structure, or lot unless.- a) nless: a) The lot has frontage on a street; or" "Street — means a public highway greater than 12.19 metres in width, as defined under the Highway Traffic Act or the Municipal Act, which provides access to an abutting lot; and which is dedicated, assumed, and/or maintained by and under the jurisdiction of the City, Region or Province. For the purposes of this By-law, a street does not include a lane or any private street." Page 253 of 282 The Applicant and Owner were also requested to demonstrate the functionality of the Retained Parcel with the existing `Triplex' dwelling; that all zoning by-law regulations, including parking, landscaping, unobstructed walkways, could be met. They were also advised that the drawing did not represent the `as built' condition as an existing covered stairway on the rear fascia was not shown. "e) An unobstructed walkway that is a minimum 1.1 metres in width, shall be provided from a street to the principal entrance of each new additional dwelling unit (attached), where the principal entrance is not located on a street line fagade. h) The minimum front yard landscaped area shall consist of 20% soft landscaping, and which shall exclude hard -surfaces such as surface walkways, patios, decks or porches, (Amended; By-law 2024-204, S. 7 — December 2, 2024) i) The minimum rear yard landscaped area shall be 30%." For the April 2025 Committee of Adjustment Agenda, updated Minor Variance and Consent Applications were received. The lot configuration of the proposed Severed Parcel was revised to include a triangular shaped intersection with Union Lane rather than a straight perpendicular line to the other interior side lot line, in order to comply with the minimum lot area requirement and avoid the need for this variance request. The Minor Variance Application was also revised to request a variance to Section 4.6 a) to permit a lot to be created with no `Frontage on a Street'. The Applicant continued to submit a drawing with the application that did not show the existing covered stairway on the rear fascia of the existing triplex. The drawing also did not demonstrate the functionality of the `Triplex' Dwelling on the Retained Parcel particularly with respect to the location of required unobstructed walkways, their relationship with the existing entrances and their intersection, if any, with driveways/parking spaces. The rear landscaped area was noted as 30% but without the required walkways shown it is not known whether this requirement is met. Also, it could not be confirmed that the minimum front yard landscaped area would be 20%. There is a loss of amenity area for the `Triplex' dwelling to create a lot that does not have frontage on a street. The resultant amenity area for the `Triple' dwelling or use thereof, has also not been clearly identified and justified. On a site visit, it was noted that there are existing walkways at the front of the building and at the side and to the rear were not reflected on the drawing that was submitted with the application. Since the applications were originally submitted, the drawing has been updated the to only reflect the existing covered stairway on the rear fascia and it has been included in this report as Figure 4. Page 254 of 282 ;oe[� tt1�01. s , r trnr r Mr. A 9 1 o% T MON 5T ev dw - 1 z -s rn UL F-1 UIV 1. LVI.QIIVII IVIQI.J Figure 2: View of Subject Lands from Union Street, Existing Triplex (March 28, 2025) Page 255 of 282 I to I- to IW, Q rIh�A1tU ;oe[� tt1�01. s , r trnr r Mr. A 9 1 o% T MON 5T ev dw - 1 z -s rn UL F-1 UIV 1. LVI.QIIVII IVIQI.J Figure 2: View of Subject Lands from Union Street, Existing Triplex (March 28, 2025) Page 255 of 282 Figure 3: View of Subject Lands from Union Lane (approximate area of proposed new lot) (March 28, 2025) Page 256 of 282 PART I FLAN 58, C, 4 CW[VEWAY ,.5 2m Vol DE) 4.5 LANDS TO BE SEVERED AREA,-235.Clm' CA. (0.0235 HECTARM) CV 5.0 UI tx 13.3 Lq ,DN LANDSCAPING 30% 4.5 ---3 AI I Ij fA 35 7 77-7-7 L. D m 0) 3.5 2-6 yy LANID!5 TO r4 BE RETAINED AREA--378.Qrn' (0-0378 HECTARES) "5 2m A' ale-, 10 .2 UNION STREET i'wll)-M vol.;i0;) Figure 4: Proposed Lot Fabric (Severance Sketch prepared by Grit Engineering Inc.) Page 257 of 282 REPORT: Planning Comments Minor Variance Application A2025-042: 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: Creation of a Lot without Frontage on a Street General Intent of the Official Plan The general intent of the Official Plan Consent Policies is to ensure proper and orderly development. Section 17.E.20.3 of the City's Official Plan states that the Committee of Adjustment will have regard to the provisions of the Planning Act, to the goals, objectives and policies of the Official Plan, and to the provisions of the Zoning By-law. Section 17.E.20.5 contains criteria for the creation of a new lot. Section 17.E.20.5 d) requires that new lots have frontage on a public street. Frontage onto a public street ensures that the lot and the future use(s) of the land are able to access municipal services and provide adequate access to the lands. The proposed application is seeking to create a new lot with frontage on Union Lane, which is not a public street and does not have a full range of municipal services. As the application for Consent application does not conform to the Official Plan Planning Staff are of the opinion that the requested variance does not meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the zoning regulation in Section 4.6 a) that requires new lots be on a street is to ensure that the future use of the lands can be adequately serviced with the full range of municipal services including vehicular access, pedestrian access, emergency services access, waste collection access, service from a municipal drinking water system, sanitary service, stormwater management, snow removal, streetlights, on -street parking, street trees, telecommunications utilities, hydro and gas utilities, etc. The applicant is proposing to create a new lot with frontage on Union Lane. The Union Lane right-of-way width of 9.1 metres is not wide enough to be considered a public street (minimum of 12.1 metres) and does not have the full range of municipal services. A summary is included below: Vehicular Access: Union Lane is paved with a 6 metre wide asphalt road with a painted centreline. The City's standard pavement width for a local street is 7.0 metres wide. While vehicular access is possible, the width of the travelled portion of the road is undersized to meet the City's standards for vehicular travel and turning movements. Pedestrian Access: Union Lane does not contain sidewalks. Pedestrians would be required to walk on the vehicular travelled portion of Union Lane. Page 258 of 282 Emergency Services Access: The City's Emergency Service Policy speaks to emergency access route design. Section 2.6 a) states that unless otherwise approved, a portion of a roadway provided as a fire route shall have a clear width not less than 6 metres. The travelled portion of the road is the minimum width of 6 metres. Section 2.6 f) states that the roadway shall have turnaround facilities for any dead-end portion of the access route more than 90 metres long. The dead end of Union Lane does not contain a turnaround facility and is approximately 120 metres long. Waste Collection Access: Municipal (Region of Waterloo) Waste collection does not currently occur on Union Lane as all properties with lot lines on Union Lane have their primary access from Oxford Street or Lancaster Street West. Or in the case of 20 Union Lane, that site is a multiple dwelling of greater than 6 units which would require private waste collection, with turnaround occurring on site. If a new lot were to be created with frontage on Union Lane, it is not clear how a regional waste collection truck complete a turnaround movement after collecting waste from the proposed new lot without entering onto private lands. Service from Municipal Drinking Water System: Union Lane does not have a municipal water service installed. The applicant would be required to extend the municipal water service from Union Street, should the application be approved. Sanitary Service: Union Lane does not have a municipal sanitary service installed. The applicant would be required to extend the municipal sanitary service from Union Street, should the application be approved. Stormwater Management: Union Lane does not have stormwater management facilities installed. Stormwater runs overland on Union Lane towards culverts on Union Street. This overland flow of stormwater would continue should the application be approved. Snow Removal: Union Lane is serviced by City Operations for winter snow removal. Union Lane is classified as a Priority 3 — Local Residential Streets area on the City's Snowplow Priorities Map. Streetlights: Union Lane contains municipal streetlights. On -Street Parking: Union Lane does not contain on -street parking. Parking is prohibited on both sides of the Lane. Street Trees: Union Lane does not contain municipal street trees. The width of the right-of- way does not allow for sufficient space for street trees. Telecommunications Utilities: Telecommunications utilities do not currently exist on Union Lane. Utilities would need to connect through facilities on Union Street. Hydro and Gas Utilities: Hydro poles do not extend down Union Lane. A hydro pole exists on the corner of Union Lane and Union Street, hydro service would need to extend from Union Street. Underground gas lines do not run underneath Union Lane. Gas lines would need to be extended from Union Street. Page 259 of 282 While Union Lane contains partial municipal services, it lacks the right-of-way width to provide for the safe, orderly, and adequate function and use of the Lane as a public street for individual, separate lots to front onto. In the opinion of Planning Staff, the Minor Variance Application does not meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the requested variance are not considered to be minor in the opinion of Planning Staff as it would result in a lack of adequate services available to the lot. The effects of not having a full range of municipal services is not considered minor in the opinion of Planning Staff. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Union Lane currently is comprised of a majority of back -lotted properties with frontages onto public streets (Oxford Street and Lancaster Street West). There are no lots with detached homes that face Union Lane. The proposed lot size, shape, and orientation are dissimilar to the surrounding lots in the neighbourhood. Further, the area that is requested to be severed is currently serving as the outdoor amenity space for the tenants of the existing triplex on the retained lands. Finally, it is not considered appropriate use of the lands to create a lot without frontage on a street that provides adequate access to municipal services. In the opinion of Planning Staff, the requested variance is not desirable for the appropriate development or use of the land. Rear Yard Setback General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The Low Rise Residential land use designation in the Official Plan favours the mixing and integration of different forms of housing, including detached dwellings, to achieve a low overall intensity of use. The requested variance for reduction in rear yard setback does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires a minimum rear yard setback of 7.5 metres is to provide for adequate building separation and adequate outdoor amenity space. Regarding building separation, the original lot is a corner property which would result in the proposed new lot containing a rear lot line that would face the internal side lot line at 1106 Union Lane. Internal side lot lines typically have a lesser setback and an addition to the rear of the existing triplex on the retained lands could be located 1.2 metres from the internal side lot line of 1106 Union Street as -of -right. Planning Staff are satisfied that the requested variance provides for adequate building separation. Regarding outdoor amenity space, Staff acknowledge that the total area of amenity space is similar to a lot with the minimum rear yard setback of 7.5 metres and the minimum lot width of 9 metres, as the additional area is made up from the surplus lot width of the proposed lot of 17.1 metres. However, it is important to consider the shape of the amenity Page 260 of 282 space when considering the use and functionality of the space. Area can be a poor measure of functional amenity space if it becomes a narrow strip that is not deep or wide enough to contain space for passive and active forms of recreation. Therefore, the minimum setback distance of 7.5 metres is important in ensuring not only that there is adequate amenity area, but that the orientation of that area is functional and appropriate for its intended use. The proposed amenity area would be 17.1 metres wide by 5 metres deep and would not provide for enough functional depth for its intended use. Staff note that should the application be approved, the detached home could contain 4 separate dwelling units and therefore 4 households sharing the outdoor amenity area. Staff are not of the opinion that the proposed rear yard outdoor amenity area is sufficient for a potential of 4 households. Staff are of the opinion that that proposed rear yard setback does not provide for sufficient outdoor amenity space on site and that the requested variance does not meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effect of the requested variance is that the future users of the site would not have adequate amenity space on site. Access to outdoor amenity area is important in achieving the goals of the City to contribute to an enhanced high quality of life. Staff are of the opinion that the effects of the requested variance are not minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance would result in an undersized lot that is unable to provide for adequate outdoor amenity space on site for a proposed use of the severed lands and the `Triplex' use of the Retained lands. The appropriate development of the land should include adequate on site amenity space. Planning Staff is of the opinion that the requested variance is not desirable for the appropriate development of the land. Planning Comments Consent Application B2025-013: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) reviewed the application The Provincial Planning Statement contains 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. Staff are not satisfied that the proposal to create a lot without frontage on a municipal street meets the social, health, and well-being needs future residents as the lot will not have access to full municipal services. Regional Official Plan (ROP): ROP Urban Area policies state that the focus of the Region's future growth shall be within the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up Page 261 of 282 Area' in the ROP. Policy 2. D.1 of the ROP requires residential development to provide for adequate physical and community infrastructure including transportation networks, municipal water and wastewater systems, and a broad range of social and public health services. The proposal to create a new lot without frontage on a public street will compromise the ability to provide for adequate physical infrastructure. Staff are of the opinion that the proposed severance application does not conform to the ROP. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." Regarding policy 17.E.20.5 b) above, the proposed lot does not reflect the general scale and character of the established development pattern of surrounding lands. Lots on the surrounding blocks range between 600-1500 square metres in area, whereas the proposed lot is 235 square metres in area. Figure 5 below illustrates the lot general scale and lot sizes of the surrounding lands. Page 262 of 282 '216 Union: Lane Gmen a8 2121 7N 202 ❑ 198 -- - 7{tib 42`. I 77 w I � [r Z w 180 r. 0 a 405 < U d 10" n _ 1U76 1084 �1U911 U 7 �� � 1' fiifi Figure 5: Proposed Lot Boundaries shown with Lot Fabric of Surrounding Lands Regarding Policy 17.E.20.5 d) above, the proposed lot does not have frontage onto a public street, as Union Lane does not have sufficient right-of-way width to be considered a public street. The request for consent to sever does not conform to the Official Plan. Zoning By-law 2019-051 The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. With respect to the lands proposed to be severed, Zoning By-law Regulation 4.6 a) requires all new lots to be located on a street. Union Lane is not considered a street as it does not have sufficient right-of-way width. The applicant has requested a variance for this regulation, which has been analyzed in the Minor Variance section of this report. In the absence of detailed plans for development of the severed parcel, appropriate justification has not been submitted to support a reduced rear yard; why is it not possible to comply. With respect to the `Retained Lands', the drawing, submitted with the Minor Variance and Consent Applications did not demonstrate the zoning compliance or functionality of the `Triplex' Dwelling on the Retained Parcel particularly with respect to the location of required unobstructed walkways, their relationship with the existing entrances and their intersection, if any, with driveways/parking spaces. The rear landscaped area was noted as 30% but without the required walkways shown it is not known whether this requirement Page 263 of 282 is met. Also, it could not be confirmed that the minimum front yard landscaped area would be 20%. Also, there is a loss of amenity area for the `Triplex' dwelling to create a lot that does not have frontage on a street. The resultant amenity area for the `Triple' dwelling or use thereof, has not been clearly identified. 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 not of the opinion that the creation of the severed lot is desirable and appropriate. Specifically, the proposed application does not meet the following criteria in Section 51(24) of the Planning Act: c) whether the proposed subdivision conforms to the official plan and adjacent plans of subdivision, if any; d) the suitability of the land for the purposes for which it is to be subdivided; e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; f) the dimensions and shapes of the proposed lots; g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; i) the adequacy of utilities and municipal services; The creation of the proposed severed parcel is not in conformity with the City's Official Plan and Zoning By-law, as the lot does not have frontage onto a street. Further, Staff is of the opinion that the proposal does not represent good planning and is not in the public interest. Environmental Planning Comments: The standard condition that requires a tree management plan will apply. Heritage Planning Comments: The subject property does not have any heritage comments or concerns. However, the property is located adjacent to the Union Street Cultural Heritage Landscape. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the new single detached dwelling is obtained prior to construction. Please contact the Building Division at building(akitchener.ca with any questions. Page 264 of 282 The Building Division has no objections to the proposed consent subject to the following conditions: 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: Spatial separation of existing buildings' wall face to the 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. There is currently no servicing on Union Lane, services will need to be extended per City of Kitchener standards per the condition below. "That the Owner shall enter into an agreement to be prepared by the City Solicitor which shall acknowledge that the severed lands are un -serviced and shall provide for the installation of services and service connections to the severed lands to be completed prior to any future development of the severed lands. The agreement shall further require the Owner to include a notice provision in all future Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) that the severed lands are un -serviced. The said agreement shall be to the satisfaction of the Director of Engineering and the City Solicitor and shall be registered on title to the severed lands." Planning Comments: While Engineering Services Staff have noted that an agreement for municipal services would be a satisfactory condition, Planning staff have concerns given Provincial, Regional and City policies with respect to the adequacy/availability of municipal services. In particular: Section 51(24) of the Planning Act i) the adequacy of utilities and municipal services,- Official ervices, Official Plan Policy 17.E.20.5 "17.E.20.5 Applications for consent to create new lots will only be granted where.- d) here: d) the lot will have frontage on a public street; e) municipal water services are available,- f) vailable, f) municipal sanitary services are available except in accordance with Policy 14. C.1.19; Page 265 of 282 In this case, it would not be appropriate to defer servicing to a future agreement where a Minor Variance Application is requesting to create a lot that does not have frontage on a street. If it can be demonstrated that the Minor Variance to facilitate the creation of a lot, with no frontage on a street, can meet the 4 tests of the Planning Act, the creation of the lot should also meet Provincial and City Policy in that municipal services are adequate and available. If the Committee decides that the Minor Variances meet the 4 tests in the Planning Act and that the Consent Application would conform to Provincial, Regional and City Policies and the City's Zoning By-law, then Planning Staff recommends that they standard Engineering conditions for servicing should be applied to approval of the Consent Application. Parks/Operations 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 $11,862.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 17.1 metres at a land value of $36,080.00 per frontage meter with a per unit cap of $11,862.00.00. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: This applicant proposes to sever the subject property into two lots. The severed parcel is vacant, and the owner/applicant is planning to build a single detached dwelling on the vacant parcel. The retained parcel has a residential building with three units. The lot area of the severed parcel is 235 m2. The lot area of the retained parcel is 378 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the Threat Inventory Database on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 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. Page 266 of 282 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 • Emergency Services Policy ATTACHMENTS: Attachment A — Severance Sketch Attachment B — Consent Conditions Page 267 of 282 Attachment B: Should the Committee approve Minor Variance Application A2025-042 and choose to approve Consent Application B2025-013, Staff would recommend applying the following conditions: Consent Application B2025-013 That Consent Application B2025-013 for 1100 Union Street requesting consent to sever a parcel of land having a lot width of 17.1 metres, a lot depth of 16.8 metres and a lot area of 235 square metres, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2025-042 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 4. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That the existing driveway at the rear be reduced in size to be located fully within the 'Retained Lands' to the satisfaction of the City's Manager, Development Approvals. 6. That the Owner submit a Zoning Occupancy Certificate demonstrating compliance of the Dwelling on the 'Retained Lands' with respect to the revised lot lines, to the satisfaction of the City's Manager, Development Approvals. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 9. 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. Page 268 of 282 10. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 11. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 12. That the Owner shall: a) Complete a Building Code Assessment for the existing dwelling proposed to be retained on the [severed or 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 satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) Obtain a Building Permit for any remedial work/ upgrades required by the Building Code Assessment. 13. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 14. That prior to any grading, servicing or the application or issuance of a Demolition and/or Building Permit, the Owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Manager, Site Plans showing the following: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and (vii) building elevation drawings. (viii) If necessary, the plan shall include the required mitigation and compensation measures. (ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as Page 269 of 282 part of issuance of any building permit(s). Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any Demolition and/or Building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Manager, Site Plans. 15. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Page 270 of 282 W ry SEVERANCE SKETCH FOR PROPERTY AT 1100 UNION STEET CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERLOO ) : 30o r,IETrac 4 0 8 12 16 metres ZONING INFORMATION' ZONING TYPE: RESIDENTIAL ZONE ZONE R RES -5 1+ BE RETAINED NE LANDS TO RE LANDS TO RE REQUIRED BY ZONING 'D AREA=378.0. Eli RETAINED BYLAW LOT AREA LLJ Ld 235.00 (MIN.) LOT FRONTAGE 171. z 3.0m (MIN.) FRONT YARD DEPEH Cl J 45160. {MIN _) RLAR YARD DEPTH pw o 7 Sin (MIN ) EXTERIOR SIDE YARD x 3.5m 4.5rn (MIN.) � )) Q - 4.5 U. 12m 12m 1-2m (MN-) Z Q 5.0 J J UNION STREET 9k'b (KEY MAP — N.T.S.) W ry SEVERANCE SKETCH FOR PROPERTY AT 1100 UNION STEET CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERLOO ) : 30o r,IETrac 4 0 8 12 16 metres ZONING INFORMATION' ZONING TYPE: RESIDENTIAL ZONE ZONE R RES -5 1+ BE RETAINED NE LANDS TO RE LANDS TO RE REQUIRED BY ZONING 'D AREA=378.0. SEVERED RETAINED BYLAW LOT AREA 235-DrW 378 ft? 235.00 (MIN.) LOT FRONTAGE 171. 168. 3.0m (MIN.) FRONT YARD DEPEH 4.5d 6-0m 6.7m 45160. {MIN _) RLAR YARD DEPTH 5.Orn 7.581 7 Sin (MIN ) EXTERIOR SIDE YARD WA 3.5m 4.5rn (MIN.) WIDTH 4.5 INLERIOR SIDE YARD 12m 12m 1-2m (MN-) WIDTH 5.0 J LOT COVE RAGE 74 9W 9k'b 55%OBAX-) 31.4% 26.1%3 PART 7 PIAN 58R-11452 16.8 5.0 3.5 PROPOSED u N DRIVEWAY iv LANDS To R , 1+ BE RETAINED NE (5.2m WIDE) btb3 U� 'D AREA=378.0. driveway 4.5 (D.0378 HECTARES.) fln�yam¶ ° Y rLANDS TD BE SEVERED 5.2 �f AREA=235.DIn' N (0.0235 HECTARES) ry 4.5 5.0 J W 9k'b z 13.3 a n n _o N ri NEW LANDSCAPING 30% Z . T 0. 4f';^ng 4.5 0 v w �l%YE V4J D 3.5 sa ed 2.$ unenc%sed 1112 "ist/ng to=p/- mun pT 1700 3.5 UNION STREET (WIDTH VARIES) Metric_ D/STAN= AND CDORD/NA)FS SHOWY ON INNS XfTal ARE fN OfIFRS AND CAN BE aW AA=W77FD 70 FEET HY 01W&VO Rr 0 M46i Caution: 7HI5 is NOT A FLAN OF SURIc V 7H/S 5A TC7f 5NALL MOT BE U5F0 FOR /dORTvcF OR 7RAN5AC71,WV PUXROSES LANDS To R , 1+ BE RETAINED NE e.Yrsrm� btb3 U� 'D AREA=378.0. driveway (D.0378 HECTARES.) �52m wide) fln�yam¶ ° Y 5.2 UNION STREET (WIDTH VARIES) Metric_ D/STAN= AND CDORD/NA)FS SHOWY ON INNS XfTal ARE fN OfIFRS AND CAN BE aW AA=W77FD 70 FEET HY 01W&VO Rr 0 M46i Caution: 7HI5 is NOT A FLAN OF SURIc V 7H/S 5A TC7f 5NALL MOT BE U5F0 FOR /dORTvcF OR 7RAN5AC71,WV PUXROSES N* Region of waterloo Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 VIA EMAIL: CofA@kitchener.ca PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www. regionofwaterloo.ca Susanna Reid Cell: 519-502-8298 File: D20-20/25 KIT March 31, 2025 Re: Comments on Consent Applications: B2025-010 to B2025-013 Committee of Adjustment Hearing April 15, 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. Document Number: 4936939 Page 272 of 282 AM File No: B2025- 009 Address: 179 Jansen Ave Description: Lt 18 PL 308 Kitchener; Pt Lt 17, 19, 23 PL 308 Kitchener; Pt Lt 1 WLY Range PL 589 Twp of Waterloo; Pt Lt 183 Streets & Lanes Kitchener (Being Pt of Guerin Av Formerly Brant Av Closed by By0law No. 5262 Registered as 287362) As in 742539 Except Pts 1 to 4 58R6635; Kitchener Owner: 1000589420 Ontario Inc (Alpha Capital Management) Applicant: MHBC c/o Pierre Chauvin and Robyn McIntyre The owner/applicant has applied for a consent for easement over 179 Jansen Ave. The approximate area of the easement is 760.33 m2. The purpose of the easement is to provide access to property owners at 179 Jansen Ave and 181 Jansen Ave. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. Threats Inventory Database mapping 179 Jansen Ave, Kitchener Regional Fees: Regional staff have received the fee for consent review of $350. Regional Staff have no objection to Consent File B2025-009. Document Number: 4936939 Page 273 of 282 AM File No: B 2025-010 Address: 57 and 59 Iron Gate St. Description: Part 3 & 4, Lot 2, RP 58M-430 Owners: Vasile Sabo and Emanuela Sabo Applicant: Emanuel Catana The two parts of the subject parcel were inadvertently registered in common title at the time of financing and have merged. The owners are applying to recreate the two separate and conveyable lots (57 and 59 Iron Gate St) that existed prior to merging. The proposed severed parcel contains one semi-detached dwelling unit and has an area of 251.38 m2. The proposed retained parcel also contains one semi-detached dwelling unit and has an area of 251.32 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats on properties adjacent to the subject property. Threats Inventory Database mapping for 59 and 57 Iron Gate Drive, Kitchener. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B2025-010 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 274 of 282 AM File No: B 2025-011 Address: 400 Westwood Drive Description: Part Lot 1-2 Plan 1536 Kitchener Part 1, 58R-12471 Owners: Anel and Zakia Kardumovic Applicant: Christian Tsimenidis, UP Consulting Consent application B2025-011 is to sever 1789 m2 from the rear yard of 400 Westwood Drive and merge it on title to enlarge 787 Glasgow Street. The retained parcel (400 Westwood Drive) will have an area of 2501 m2. The new lot area of 787 Glasgow will be 3833 m2. No new lots are proposed. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium thi - Threats Inventory Database mapping for 400 Westwood Drive. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of consent approval. Regional Staff have no objection to Consent File B 2025-011 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 275 of 282 Uiy► I;1ra►r•71:3'k1Y*7ff1ZV Address: 112 Kehl Street Description: Lot 33, Registered Plan 384 Owners: Nader and Pegah Ensafi The applicants have built a semi-detached residence on the subject property. The purpose of Consent Application B2025-12 is to create a new lot. They have applied to sever the lot and have a separate address for each residential lot. The area of the severed parcel is proposed to be 388 m2, and the area of the retained parcel is also proposed to be 388 m2. Risk Management Official: The property at 112 Kehl St, Kitchener is in a Source Protection area where Risk Management Plan or prohibition policies implemented by the Region of Waterloo may apply. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required prior to formal application. The applicant should be directed to TAPS(https://taps.regionofwaterloo.ca) to determine all applicable source protection plan requirements, and to contact the Risk Management Official (rmo@regionofwaterloo.ca) as required. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the TID on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 112 Kehl Street. Document Number: 4936939 Page 276 of 282 Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-012 subject to the following conditions: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. 2. A Notice of Source Protection Plan Compliance (Section 59 Notice) is provided to the satisfaction of the Regional Municipality of Waterloo. Document Number: 4936939 Page 277 of 282 0 iy► I;1 [:a► r•71:]KIN-7KIZ 91 Address: 1100 Union Street Description: Lot 25, Registered Plan 789 Owner: David Salvatore Applicant: Craig Dumart This applicant proposes to sever the subject property into two lots. The severed parcel is vacant, and the owner/applicant is planning to build a single detached dwelling on the vacant parcel. The retained parcel has a residential building with three units. The lot area of the severed parcel is 235 m2. The lot area of the retained parcel is 378 m2. Threats Inventory Database: This information is provided until such time as access to the Threat Inventory Database (TID) has been transferred to the Area Municipality. There are no records in the Threat Inventory Database on the subject property. There are no high or medium threats in the TID on properties adjacent to the subject property. Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 278 of 282 r— Threats Inventory Database mapping for 1100 Union Street. Regional Consent Review Fee: Regional staff have not received the fee for consent review of $350 per application. The fee payment is requested as a condition of approval. Regional Staff have no objection to Consent File B 2025-013 subject to the following condition: 1. That the Owner/Developer submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4936939 Page 278 of 282 General Comments: Any submission requirements may be subject to peer review, at the owner/applicant's expense as per By-law 24-052. If any other applications are required to facilitate the application additional fees and/or 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. Thank you, Susanna Reid, MCIP RPP, Senior Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 4936939 Page 279 of 282 March 27, 20125 Connie Owen City of Kitchener 2010 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No., D20-241 VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 wwwreg ionofwaterloo.ca Subject: Committee of Adjustment Meeting April! 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2425 — 028 — 250 Riverbend Drive - No Concerns 2) A 2025 — 029 — 315 Wellington Street North — No Concerns 3) A 2025 — 030 — 63 General Drive — No Concerns 4) A 2025 — 031 — 26 Berwick Place — No Concerns 5) A 2025 — 032 — 217 Vanier Drive — No Concerns 6) A 2025 — 033 — 887 Frederick Street — No Concerns 7) A 2025 — 034 — 34 Hohner Avenue — No Concerns 8) A 2425 — 035 — 53 Rusholme Road — No Concerns 9) A 2025 — 036 — 15 Scenic Drive — No Concerns 10)A 2025 — 037 — 265 Breithaupt Street — No Concerns 11)A 2425 — 038 — 206 Shelley Drive — No Concerns 12)A 2425 — 039 — 195 Victoria Street North — No Concerns 13)A 2025 — 040 — 160 Charles Best Place — No Concerns 14)A 2025 — 041 — 249 West Oak Trail — No Concerns 15)A 2025 — 042 — 1100 Union Street — No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor Document Number: 4942954 Page 280 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 281 of 282 March 28, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 1 ron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand — A Canadian Heritage River Page 282 of 282