HomeMy WebLinkAboutDSD-2025-160 - B 2025-009 - 179 Jansen AvenueStaff Report
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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.
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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
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
NF
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
AM File No: B 2025-012
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
AM File No: B 2025-013
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
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 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 200 of 282