HomeMy WebLinkAboutDSD-2025-257 - A 2025-055 - 89 Matthew StreetStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 17, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: June 3, 2025
REPORT NO.: DSD -2025-257
SUBJECT: Minor Variance Application A2025-055 — 89 Matthew Street
RECOMMENDATION:
That Minor Variance Application A2025-055 for 89 Matthew Street requesting relief
from Section 4.12.3 e) of Zoning By-law 2019-051, to permit an Additional Dwelling
Unit (ADU) (Detached) to have an area of 93 square metres instead of the maximum
permitted 80 square metres, generally in accordance with drawings prepared by
Southwood Homes Architectural Design, dated April 24, 2025, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application to permit the
development of a detached Additional Dwelling Unit (ADU) with an increased area.
• The key finding of this report is that the requested minor variance meets all four tests
of the Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 140 of 297
BACKGROUND:
The subject property is located on the north-west side of Matthew Street and Marketa
Crescent. It is in the Grand River North neighbourhood which is primarily comprised of
low-rise residential uses.
' A "
Figure 1: Location Map — 89 Matthew Street (Outlined in Red)
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-
051.
The applicant is proposing to build a detached Additional Dwelling Unit (ADU) in the rear
yard of the property having an area of 93 square metres. However, the maximum
permitted building footprint of an ADU is 80 square metres. Since the proposed ADU
exceeds the maximum permitted building footprint, a minor variance is required to the
permit the development.
Page 141 of 297
M+
., N64'31'S0'E 200-N' �
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---� — ---�— — -- — — -- — — — — --------------- -�
N64°01`66'E 200.58'
Figure 2: Proposed ADU Site Plan
Front (East) Elevation
Figure 3: Proposed ADU Front Elevation
Right -Side (North) Elevation
Figure 4: Proposed ADU Right Elevation
z
m
m
Page 142 of 297
------------------------------------------------ ------------------------------------------------
Rear (West) Elevation
Figure 5: Proposed ADU Rear Elevation
Left -Side (South) Elevation
■+
Figure 6: Proposed ADU Left Elevation
Planning Staff conducted a site visit on May 29, 2025.
Figure 7: Existing Site Conditions as of May 29, 2025
Page 143 of 297
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The subject property is designated `Low Rise Residential' in the City's Official Plan. This
designation emphasizes the importance of ensuring compatibility in building form with
regard to massing, scale, and design, to facilitate the successful integration of diverse
housing and building types while maintaining the low-density character of the
neighbourhood.
Policy 4.C.1.23 permits up to 3 Additional Dwelling Units (ADUs) subject to meeting any
other applicable policies in the Official Plan and Zoning By-law regulations.
4. C. 1.23. The City may permit up to three additional dwelling units, attached
and/or detached, on a lot which contains a single detached dwelling, a
semi-detached dwelling or a street -townhouse dwelling as the
principal use, unless otherwise limited by the policies of this Plan, and
in accordance with the City's Zoning By-law, in order to provide
additional housing options to Kitchener homeowners and residents.
The proposed Additional Dwelling Unit use of the property conforms to the land use
designation and is a desirable addition to a residential property. Staff is in opinion that
requested variance to be able to construct the Additional Dwelling Unit (ADU) (Detached)
meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum building footprint is to ensure that accessory buildings remain
secondary to the primary building. Although the building footprint of the accessory building
exceeds the maximum permitted building footprint of 80 square metres as per Section
5.22.1 b) by 13 square metres, this increase remains proportionally smaller than the
primary dwelling and does not overwhelm the primary dwelling. Staff is of opinion that the
variance meets the general intent of the Zoning By-law by remaining secondary to the
primary building.
Is/Are the Effects of the Variance(s) Minor?
The variance is minor in nature. The 13 square metres excess building footprint is not
noticeable from the streetscape and will not impact the visual appearance of the property.
The ADU will be located at the far rear of the property. Although the building footprint
exceeds the maximum permitted area, the structure will maintain the maximum height of
4.5 metres. The structure's appearance will be compatible with adjacent viewpoints and
visually consistent with its surroundings.
Page 144 of 297
Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land,
Building and/or Structure?
Planning staff is of the opinion that the variance is desirable for the appropriate
development of the lands as it will facilitate the construction to an Additional Dwelling Unit
at the rear of the primary dwelling. The larger footprint allows for improved internal
functionality and livability. This will facilitate a gentle intensification of the subject property
and support the City's Housing Pledge.
Environmental Planning Comments:
No concerns. The placement of the ADU has respected the existing trees on site. It is
recommended that tree protection fencing be installed at the dripline of the trees to protect
them during construction.
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the detached ADU.
Engineering Division Comments:
No comments or concerns.
Parks and Cemeteries/Forestry Division Comments:
No comments or concerns.
Transportation Planning Comments:
No comments or concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
Page 145 of 297
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 146 of 297
Region of Waterloo
June 11, 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 4A 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 June 17, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1)
A 2024 —
075 —
96 Wood Street — No Concerns
2)
A 2025 —
055 —
89 Matthew Street — No Concerns
3)
A 2025 —
056 —
9 Blucher Street — Region Staff have significant concerns
regarding the implementation of adequate crash protection measures along the
Waterloo Spur.
Region Staff require additional time to consider the application,
and request the application be deferred.
4)
A 2025 —
057 —
386 Wake Robin Cresent — No Concerns
5)
A 2025 —
058 —
175 Hoffman Street — No Concerns
6)
A 2025 —
059 —
22 Parkglen Street — No Concerns
7)
A 2025 —
060 —
181 Borden Aveune North — No Concerns
8)
A 2025 —
061 —
181 Borden Aveune North — 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
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.
Document Number: 4976854
Page 147 of 297
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
c71�",_ilUaw
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
Document Number: 4976854
Page 148 of 297
June 2, 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 — June 17, 2025
Applications for Minor Variance
A 2024-075
96 Wood Street
A 2025-055
89 Matthew Street
A 2025-057
386 Wake Robin Crescent
A 2025-058
175 Hoffman Street
A 2025-059
22 Parkglen Street
A 2025-060
181 Borden Avenue North
A 2025-061
181 Borden Avenue North
Applications for Consent
B 2025-018 73 Second Avenue
B 2025-019 181 Borden Avenue North
B 2025-020 181 Borden Avenue North
via email
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-q rand 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 149 of 297
From:
Farah Farogue
To:
Committee of Adiustment (SM)
Cc:
Jenna Auger
Subject:
Kitchener Jun 17, 2025 Hearing
Date:
Thursday, May 29, 2025 2:43:38 PM
Attachments:
imaae001.ona
Afternoon Kitchener CofA,
Thank you for circulating the June17, 2025, Committee of Adjustments agenda for Kitchener. Please
be advised that all properties were found to be outside Metrolinx's designated review zones. As such,
we have no comments/concerns with the applications in this agenda.
Thankyou,
Farah Faroque (she/her)
Project Analyst, Adjacent Construction Review
Real Estate & Development
Metrolinx
20 Bay Street — Suite 600 1 Toronto I Ontario I M5J 2W3
T: 437.900.2291
=X: METROLINX
From: mail@sf-notifications.com <mail@sf-notifications.com>
Sent: May 23, 2025 10:45 AM
To: development.coordinator <development.coordinator@metrolinx.com>
Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you.
XTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
XPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur fiable,
)u que vous ayez I'assurance que Ie contenu provient d'une source sure.
Development,
Clerks CoK has shared the folder Committee of
Adjustment - Applications with you.
Page 150 of 297
Message from Clerks
Attached are the applications for the City of Kitchener
Committee of Adjustment meeting being held on June 17,
2025.
Please remember, your email address is your username to log
in. If you are unable to log in, select "Forgot my Password". For
those who comment regularly, your written report must be sent
to CofA@kitchener.ca no later than 12 noon on Monday, June
2, 2025.
You will need to download any files in this folder that you would
like to retain, as they will be deleted from this program when
the applications for the next month are circulated.
If you require any further assistance, please email
CofA@kitchener.ca.
Thank you.
Marilyn Mills, Legislated Services
Kitchener City Hall
Need help? We're here for you.
Visit sharefile.com/support and look for "Start chat."
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Page 151 of 297
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 152 of 297
From: Nembhard, O"Neil (MTO)
To: Committee of Adiustment (SM)
Subject: RE: Agenda - Committee of Adjustment - Tuesday, June 17, 2025
Date: Friday, June 6, 2025 3:11:13 PM
Attachments: imaoe001.ona
You don't often get email from o'neil.nembhard@ontario.ca. Learn why this is important
Good day,
Please see below MTO comments related to the June 17, 2025 Committee of
Adjustment Meeting.
1. The Ministry of Transportation (MTO) has no objection to this application. The
subject property is located beyond our limits of permit control and therefore
MTO review, approval and permits will not be required.
o A 2024-075 - 96 Wood Street
o A 2025-055 - 89 Matthew Street
o A 2025-057 - 386 Wake Robin Crescent
o A 2025-059 - 22 Parkglen Street
o B 2025-019, B 2025-020, A 2025-060 & A 2025-061 - 181 Borden Avenue
North
2. A 2025-058 - SP24/009/H/ES. 175 Hoffman Street - The subject property does
fall within MTO permit control area, however based on the modifications to site
proposed, MTO permits will not be required.
3. B 2025-018 - 73 Second Avenue- The subject property does fall within MTO
permit control area, however, based on the location in a buildup area, MTO
review, approval and permits will not be required.
Thank you for the opportunity to review and provide comments.
Regards,
O'Neil Nembhard
Corridor Management Planner I Operation West I Operations Division
Ministry of Transportation Ontario I Ontario Public Service
548-388-2571 1 o'neil.nembhard C_ontario.ca
Ontario 0
Taking pride in strengthening Ontario, its places and its people
Please note the Ministry no Ionizer accents Land Develooment review reauests thoueh its email
system. All Land Development Review requests to the Ministry must be submitted to the Ministry of
Transportation through the Highway Corridor Management Online portal at:
https://www.hcros.mto.gov.on.ca/
The Land Development Review module is designed to better serve stakeholders through
Page 153 of 297
streamlining all land development planning approvals by the Ministry.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: Friday, May 30, 2025 11:55 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: Agenda - Committee of Adjustment - Tuesday, June 17, 2025
CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you
recognize the sender.
Good morning,
The agenda for the June 17, 2025 Committee of Adjustment meeting is now available on our
Council/Committee calendar.
The combined agenda with reports will be posted to the meeting calendar by noon on Friday, June
13, 2025.
Connie Owen
Administrative Clerk I Legislated Services I City of Kitchener
519-904-1409 1 TTY 1-866-969-9994 1 connie.owen(cbkitchener.ca
Page 154 of 297
From: Pui Ming Leung
To: Committee of Adiustment (SM)
Subject: COA, Kitchener
Date: Tuesday, June 3, 2025 11:37:04 AM
Attachments: 11111j)d
in
Sorry for my late response. I apologize for any inconvenience caused.
90 Wood ST- make sure to have clearance to primary cable on York St according to our
standard D11111 (attached here)
For all new service or upgrade, please send a request to Enova for hydro connection.
Thanks,
Pui Ming Leung (she/her) I Design Technologist
Direct Number: 226-896-2200 (EXT 6205)
Mobile Number: 519-589-2659
puiming. leunaQenovapower.com
301 Victoria Street South, Kitchener, Ontario, N2G 4L2
enovapower.com
121
This correspondence is directed in confidence solely to the addressees listed above. It may
contain personal or confidential information and may not otherwise be distributed, copied or
used by the intended recipient. Ifyou are not the intended recipient, please delete the e-mail
and any attachments and notes the sender immediately. Click on the link to read the
additional disclaimer: https://enovapower.com/disclaimer
Page 155 of 297
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