HomeMy WebLinkAboutDSD-2025-167 - B 2025-012 - 112 Kehl StreetStaff 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: 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
Agn (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
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
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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
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
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 246 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 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
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 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 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
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