HomeMy WebLinkAboutDSD-2025-176 - B 2025-011 - 400 Westwood DriveStaff 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: 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.
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12`st 4 � � 400 S
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Figure 1: Location of Subject Property
Page 218 of 282
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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
0787GLAMOW ST.
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TOTAL SITE AREA
3.637.8 M. {41,309 }t'}
(0.38 ha) (0.84 a.)
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TREE PROTECTED AREA.
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LOT a
2,748 Mz {29.579 }N)
[275 ha] (8_90 ac)
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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
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39.4m
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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)
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Figure 5: Zoning Map Showing Split RES-1/RES-4 Zoning
GLASGOW
- ST
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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:
1. That the Owner/Developer submit the consent review fee of $350 per application to
the Regional Municipality of Waterloo.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — 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
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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
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 229 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 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
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 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 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 234 of 282