HomeMy WebLinkAboutDSD-2025-180 - A 2025-029 - 315 Wellington St NStaff 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 16.2%, exceeding the maximum permitted
15%;
• The walkway leading to the detached dwelling is partially obstructed by the
driveway, impacting 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
(AD U)(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
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Page 41 of 282
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2 STOREY BRICK
RP.9)
DWELLING
- TO WLKW(.
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Page 41 of 282
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.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments'.
Page 42 of 282
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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.O, 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, 2025
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. 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 2025 —
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 2025 —
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 2025 —
038
— 206 Shelley Drive — No Concerns
12)A 2025 —
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 Iron 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
:X-- METROLINX 1 1
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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.
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