HomeMy WebLinkAboutDSD-2025-277 - A 2025-057 - 386 Wake Robin CrescentStaff 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: Andrew Pinnell, Senior Planner, 519-783-8915
WARD INVOLVED: Ward 5
DATE OF REPORT: June 6, 2025
REPORT NO.: DSD -2025-277
SUBJECT: Minor Variance Application A2025-057 - 386 Wake Robin Cres.
RECOMMENDATION:
That Minor Variance Application A2025-057 for 386 Wake Robin Crescent requesting
relief from the following Sections of Zoning By-law 2019-051:
i) Relief from Section 4.12.3 g) to permit a lot width of 9.2 metres instead of the
minimum required 10.5 metres;
ii) Relief from Section 4.12.3 h) to permit an ADU (Detached) to have a building
height of 5.4 metres (flat roof) instead of the maximum permitted 3.0 metres;
iii) Relief from Section 4.12.3 k) to permit an ADU (Detached) to have a setback
from the interior side lot line of 0.1 metres instead of the minimum required
0.9 metres;
iv) Relief from Section 4.12.3 1) to permit an ADU (Detached) to be located in the
area created by extending 4 metres from and parallel to any wall of the rear
fagade of the principal dwelling, whereas an ADU (Detached) shall not be
located in this area;
v) Relief from Section 4.12.3 n) to permit a 1.1 metre wide unobstructed
walkway from the sidewalk to the principal entrance of the Additional
Dwelling Unit (Detached) to be periodically obstructed by vehicles that are
actively passing to and from a required parking space;
vi) Relief from Section 4.14.1 to permit eaves, as an Architectural Feature, to
project 0.9 metres into the required minimum interior side yard setback
instead of the maximum permitted projection of 0.6 metres;
vii) Relief from Section 5.4 d) to permit a driveway to have a width of 1.8 metres,
instead of the minimum required width of 2.6 metres; and
viii) Relief from Section 5.6, Table 5-5-1, to permit 1 parking space for a Single
Detached Dwelling with an ADU (Detached) instead of the minimum required
2 parking spaces;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 157 of 297
to facilitate the development of a second storey addition onto an existing detached
garage, in order to facilitate the conversion of the detached garage into an
Additional Dwelling Unit (Detached), generally in accordance with AttachmentA —
Drawings prepared by Perspective Views Architectural Design, dated May 13, 2025,
as revised by Attachment B — Red -Line Revisions to Site Plan Drawing, prepared by
Transportation Services, both attached to Report DSD -2025-277, BE APPROVED,
SUBJECT TO THE FOLLOWING CONDITIONS:
The Owner shall implement Attachment A — Drawings prepared by
Perspective Views Architectural Design, dated May 13, 2025, as revised by
Attachment B — Red -Line Revisions to Site Plan Drawing, prepared by
Transportation Services, both attached to Report DSD -2025-277, including,
but not limited to, the Additional Dwelling Unit (Detached), modified driveway,
delineated parking space, unobstructed walkway, and `No Parking' signage,
to the satisfaction of the City's Director of Transportation Services and City's
Director of Development and Housing Approvals. As shown on said drawings,
the driveway shall be comprised of a material that is consistent throughout
the driveway and delineated parking space, and that is different and
distinguishable (by colour and texture, or material) from any other ground
cover or surfacing on the lot including, but not limited to, landscaping and
unobstructed walkway.
2. That the Owner shall complete the work, identified in Condition No. 1 above,
by June 17, 2026. Any request for a time extension must be approved in
writing by the Manager, Development Approvals prior to completion date set
out in this decision. Failure to complete the condition will result in this
approval becoming null and void.
3. 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 the
City's Director, Development and Housing Approvals, which shall include the
following:
i) The following clause(s) shall be included in all future Agreements of
Purchase and Sale and all future lease/rental agreements for all
residential dwelling units on the Subject Property:
"No parking shall be permitted on any part of the driveway or
unobstructed walkway, as shown in Attachment B — Red -Line Revisions to
Site Plan Drawing, prepared by Transportation Services, to Report DSD -
2025 -277. The only permitted on-site parking space is the one delineated
parking space shown on said drawing located at the rear of the primary
dwelling unit. Take note that parking on part of the driveway or
unobstructed walkway where not permitted or removal of the required `no
parking' signage may lead to penalties, including, without limitation, fines
imposed in accordance with the Planning Act and City of Kitchener By-
laws."
Page 158 of 297
ii) No parking shall be permitted on any part of the driveway or unobstructed
walkway, as shown in Attachment B — Red -Line Revisions to Site Plan
Drawing, prepared by Transportation Services, to Report DSD -2025-277.
The only permitted on-site parking space is the one delineated parking
space shown on said drawing.
iii) The owner shall maintain the driveway, parking space, unobstructed
walkway, and `No Parking' signage, as shown on Attachment B — Red -
Line Revisions to Site Plan Drawing, prepared by Transportation Services,
to Report DSD -2025-277, to the satisfaction of the City's Director of
Transportation Services for the life of the Additional Dwelling Unit
(Detached).
REPORT HIGHLIGHTS:
• The purpose of this report is to review an application for Minor Variances to facilitate
the development of a second storey addition onto an existing detached garage, in
order to facilitate the conversion of the detached garage into an Additional Dwelling
Unit (Detached).
• 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.
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Figure 1 — Subject Property (outlined in 'gid) in context of surrounding
neighbourhood
BACKGROUND:
The subject property is located on the north side of Wake Robin Cres, in the Laurentian
West Planning Community. The property contains a single detached dwelling, constructed
in approximately 2000, with a detached garage in the rear yard that was constructed
Page 159 of 297
around the same time. The surrounding area is predominately comprised of low rise
residential development, primarily detached dwellings.
The property was the subject of Minor Variance Application A2024-090 that was heard by
the Committee of Adjustment in November 2024. The application requested relief from
Section 4.1 d) of Zoning By-law 2019-051 to permit a maximum height to the underside of
the fascia of 4 metres instead of the maximum permitted 3 metres, and to permit a building
height of 6.3 metres instead of the maximum permitted 5.5 metres, to facilitate the
construction of a second storey addition to an existing accessory structure [not an
Additional Dwelling Unit (Detached)].
Through Report DSD -2024-476, Development and Housing Approvals (DHA) staff
recommended refusal, since the proposal did not meet the 4 tests for variances outlined in
the Planning Act. The report noted that, "It is unclear of the need or purpose of the
increase building height of the accessory structure and staff have concerns with the
accessory structure being utilized for human habitation based on conversations with the
homeowner and the drawing illustrating the first floor being used for a `rec room"'.
The Committee of Adjustment refused the Minor Variance Application. The applicant
subsequently appealed the decision to the Ontario Land Tribunal (OLT). An OLT hearing
to decide the appeal has not yet occurred but is scheduled for August 2025. At this time,
the applicant has concurrently submitted subject Minor Variance Application A2025-057,
for a separate proposal. The Committee is legally authorized to decide this separate
application.
The detached dwellings on the street on which the subject property is located are unique,
each (including the subject property) having been legally constructed with zero metre (or
minimal) side yard setbacks on one side and subject to easements to allow maintenance
easements and eave encroachments from the abutting property. This condition was in
accordance with Section 5.20 of Zoning By-law 85-1, the By-law under which the dwellings
were constructed (no longer -in effect), which stated:
5.20 MAINTENANCE EASEMENTS AND EAVE ENCROACHMENTS FOR
DWELLINGS AND ACCESSORY BUILDINGS HAVING A 0 METRE
SIDEYARD
The development of dwellings and accessory buildings in excess of 9.3
square metres with 0 to 0.2 metre side yards which do not form part of a
common wall with a building on an adjacent lot, shall be permitted provided
that a maximum encroachment of 0.45 metres into abutting lands is provided
for the projection of eaves and a 1.5 metre easement is granted by the owner
of the subject abutting lands for the maintenance of walls, eaves and real
property.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure of the
2014 Official Plan and is designated as `Low Rise Residential' on Map 3 — Land Use. The
property is zoned `Low Rise Residential Four Zone' (RES -4) under By-law 2019-051.
Development and Housing Approvals staff visited the site on June 4, 2025.
Page 160 of 297
Figure 2 — Photo of Subject Property
The purpose of the application is to facilitate the development of a second storey addition
onto an existing detached garage, in order to facilitate the conversion of the detached
garage into an Additional Dwelling Unit (Detached) [ADU (Detached)]. To this end, eight
(8) variances are required:
i) Relief from Section 4.12.3 g) to permit a lot width of 9.2 metres instead of the
minimum required 10.5 metres;
ii) Relief from Section 4.12.3 h) to permit an ADU (Detached) to have a building
height of 5.4 metres (flat roof) instead of the maximum permitted 3.0 metres;
iii) Relief from Section 4.12.3 k) to permit an ADU (Detached) to have a setback from
the interior side lot line of 0.1 metres instead of the minimum required 0.9 metres;
iv) Relief from Section 4.12.3 1) to permit an ADU (Detached) to be located in the area
created by extending 4 metres from and parallel to any wall of the rear facade of
the principal dwelling, whereas an ADU (Detached) shall not be located in this
area;
v) Relief from Section 4.12.3 n) to permit a 1.1 -metre -wide unobstructed walkway
from the sidewalk to the principal entrance of the Additional Dwelling Unit
(Detached) to be periodically obstructed by vehicles that are actively passing to
and from a required parking space-,
vi) Relief from Section 4.14.1 to permit eaves, as an Architectural Feature, to project
0.9 metres into the required minimum interior side yard setback instead of the
maximum permitted projection of 0.6 metres;
Page 161 of 297
vii) Relief from Section 5.4 d) to permit a driveway with a width of 1.8 metres, instead
of the minimum required width of 2.6 metres ; and
viii) Relief from Section 5.6, Table 5-5-1 to permit 1 parking space for a Single
Detached Dwelling with an ADU (Detached) instead of the minimum required 2
parking spaces.
It should be noted that the design of the second storey addition to the accessory structure
proposed via A2024-090 is noticeably different than the second storey addition proposed
via the subject application to convert the accessory structure (detached garage) to an
Additional Dwelling Unit (Detached), as shown in Figures 2 and 3, below.
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Page 162 of 297
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Page 162 of 297
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Page 162 of 297
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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 2014 Official Plan contains several policies that are relevant to the subject application,
for example:
3.C.2.50. The planned function of Community Areas is to provide for residential
uses as well as non-residential supporting uses intended to serve the
immediate residential areas.
3.C.2.52. Limited intensification may be permitted within Community Areas in
accordance with the applicable land use designation on Map 3 and
the Urban Design Policies in Section 11. The proposed development
Page 163 of 297
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Figure 3: South Elevation (Front) proposed via Subject Application A2025-057.
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 2014 Official Plan contains several policies that are relevant to the subject application,
for example:
3.C.2.50. The planned function of Community Areas is to provide for residential
uses as well as non-residential supporting uses intended to serve the
immediate residential areas.
3.C.2.52. Limited intensification may be permitted within Community Areas in
accordance with the applicable land use designation on Map 3 and
the Urban Design Policies in Section 11. The proposed development
Page 163 of 297
must be sensitive to and compatible with the character, form and
planned function of the surrounding context.
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are
requested, proposed or required to facilitate residential intensification
or a redevelopment of lands, the overall impact of the special zoning
regulation(s) or minor variance(s) will be reviewed, but not limited to
the following to ensure, that:
a) Any new buildings and any additions and/or modifications to
existing buildings are appropriate in massing and scale and are
compatible with the built form and the community character of the
established neighbourhood and will have regard to Section 11 of
this Plan, the City's Urban Design Manual, and any site-specific
Urban Design Brief or Urban Design Report and Urban Design
Scorecard...
b) New additions and modifications to existing buildings are to be
directed to the rear yard and are to be discouraged in the front
yard and side yard abutting a street, except where it can be
demonstrated that the addition and/or modification is compatible in
scale, massing, design and character of adjacent properties and is
in keeping with the character of the streetscape.
c) New buildings, additions, modifications and conversions are
sensitive to the exterior areas of adjacent properties and that the
appropriate screening and/or buffering is provided to mitigate any
adverse impacts, particularly with respect to privacy.
d) The lands can function appropriately and not create unacceptable
adverse impacts for adjacent properties by providing both an
appropriate number of parking spaces and an appropriate
landscaped/amenity area on the site.
e) The impact of each special zoning regulation or variance will be
reviewed prior to formulating a recommendation to ensure that a
deficiency in the one zoning requirement does not compromise the
site in achieving objectives of compatible and appropriate site and
neighbourhood design and does not create further zoning
deficiencies.
4.C.1.10. Where appropriate, and without limiting opportunities for
intensification, the City will encourage and support the ongoing
maintenance and stability of existing housing stock in the city by:
a) supporting the reuse and adaption of the housing stock through
renovation, conversion and rehabilitation;
Page 164 of 297
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.
Additional dwelling units will be permitted as follows:...
b) The addition of up to two additional dwelling units (attached)
within a single detached dwelling, a semi-detached dwelling or
a street -townhouse dwelling and one additional dwelling unit
(detached); and...
Additional dwelling units (attached) and additional dwelling units
(detached) may be further regulated by the City's Zoning By-law.
4.C.1.24. The following criteria will be considered as the basis for permitting
additional dwelling unit(s) (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;
d) The site layout considers other requirements including servicing,
pedestrian and vehicular access, stormwater management,
grading and drainage, tree reservation, and provision of amenity
areas, landscaped buffers and visual screening; and,
e) Up to one parking space may be required for each Additional
Dwelling Unit.
13.C.8.4. All parking areas or facilities will be designed, constructed and
maintained:... b) for the safe and efficient movement of all users, on
the site, and at points of ingress and egress related to the site;
15.D.3.8. The Low Rise Residential land use designation will accommodate a
full range of low density housing types which may include single
detached dwellings, additional dwelling units, attached and detached,
semi-detached dwellings, street townhouse dwellings, townhouse
dwellings in a cluster development, low-rise multiple dwellings, special
needs housing, and other forms of low-rise housing.
In this regard, DHA staff is satisfied that the requested variances would facilitate the
establishment of an ADU (Detached) in the rear yard that is appropriate in massing and
Page 165 of 297
scale and that is compatible with the built form and the community character of the
established neighbourhood. The ADU (Detached) would be established within an existing
building and with a second storey addition that meets the above criteria. The existing
maintenance easement is in place will help to provide buffering to the abutting property.
The Official Plan permits the establishment of an ADU (Detached) on a property
containing a Single Detached Dwelling, such as this case. The proposed ADU (Detached)
would be subordinate to the principal dwelling and would be integrated into its
surroundings with negligible visual impact to the streetscape. Also, the ADU (Detached) 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.
Despite 8 variances being requested, DHA staff is satisfied that the variances do not
compromise the site in achieving objectives of compatible and appropriate site design.
Transportation Services and Fire Services have commented that they are supportive of the
application, subject to conditions to allow enforcement of no parking in the area on the east
side of the dwelling where the driveway is shared with the walkway, including:
Signage prohibiting parking alongside the house in the walkway;
The driveway and walkway need to be implemented with separate material; and
A notice provision to future owners/occupants to maintain the walkway free of
vehicles.
In addition, Transportation Services has suggested the extension of the walkway treatment to
the west side of the parking space, to provide a more durable delineation of the parking
space and to identify an alternative walkway around the vehicle should the front of vehicle
overhang into the walkway. This has been incorporated in the recommended approval
conditions.
Staff is satisfied that the requested variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Variances i), v), and vii).-
The
ii):The zoning requires a greater minimum lot width to permit a single detached dwelling with
an ADU (i.e., 10.5 metres) than for a single detached dwelling without an ADU (9.0
metres). The intent of the minimum lot width regulation is to ensure that all the facilities
and features required to support an Additional Dwelling Unit (Detached) can be provided,
such as the required 1.1 -metre -wide unobstructed walkway and an adequately sized
driveway. The intent of the unobstructed walkway regulation is to allow emergency
services personnel to access the ADU in the event of an emergency. The intent of the
minimum driveway width regulation is to ensure that a driveway is sufficiently sized to
allow the passage of a vehicle to a parking space.
In this case, the distance between the side of the principal dwelling and the side lot line is
3.2 metres. An existing window well consumes approximately 0.3 metres of this width,
while the proposed unobstructed walkway that is proposed consumes 1.1 metres of this
width. This leaves approximately 1.8 metres of width for a driveway. However, the
Page 166 of 297
minimum driveway width is 2.6 metres. To compensate for this 0.8 metre deficiency, the
applicant is requesting a variance to allow the walkway to be periodically (and partially)
obstructed by vehicles that are actively passing to and from a required parking space. The
only proposed on-site parking space is located directly in front of the proposed ADU
(Detached). The applicant has expressed agreement with DHA staff recommended
approval conditions to require 1) an agreement to be registered on title to prohibit parking
on the driveway and 2) "No Parking" signage along the driveway.
It should be noted that if there is non-compliance with the variance conditions,
enforcement can occur in accordance with the Zoning By-law. The City's By-law
Enforcement Division will be circulated on any approval conditions and will be able to
enforce the Zoning By-law by way of a ticket (charge) or by towing the
vehicle. Additionally, the approval conditions for this minor variance will be flagged in the
City's staff database.
With these conditions, DHA staff is satisfied that Variances i), v), and vii) meet the general
intent of the Zoning By-law.
Variances ii), iii), and iv), vi.-
The
i:The intent of regulations for ADUs (Detached) relative to maximum building height,
setback to the interior side lot line, setback to the principal dwelling, and maximum eaves
projection, is to ensure that an ADU is appropriate in massing and scale and is compatible
with the built form and the community character of the neighbourhood, and to ensure that
adequate buffering to the principal dwelling and abutting properties is provided.
The proposed ADU (Detached) has a flat roof design. ADUs with other roof styles / shapes
(i.e., hip, gable, shed, or gambrel roof, mansard) have a markedly higher minimum
building height (i.e., 4.5 metres vs 3 metres). The reason is that a flat roof maximizes
building bulk (and, therefore, potential impacts), whereas other roof styles / shapes have
reduced building bulk to varying degrees. Also, the minimum setback regulation applies to
ADUs (Detached) which exceed a building height of 4.5 metres. In this case, the ADU
(Detached) is proposed to have a height of 5.4 metres. However, it should be noted that
the existing detached garage is currently set back 0.1 metres. As part of the conversion of
the garage to an ADU (Detached), a second storey would be added. This second storey
would be set back approximately 1.3 metres from the side lot line. Accordingly, the side
yard variance is only required to legalize the existing setback, and is not required for the
proposed second storey. And, while a flat roof is proposed, massing / bulk directly
adjacent to the side yard is mitigated because of the increased second storey setback.
Regarding the requested relief from the minimum setback of the ADU (Detached) to the
principal dwelling, it should be noted that the existing detached garage that would be
converted into an ADU is already deficient, being set back 3.4 metres, rather than the
required 4 metres. In essence, the requested variance would legalize the existing
condition.
The variance for the maximum eaves projection would permit the eaves for the proposed
ADU (Detached) to encroach beyond the typical limits. However, the aforementioned
maintenance easement will permit the eaves, and side of the ADU (Detached) that is
closest to the applicable interior side lot line, to be legally maintained from the abutting
Page 167 of 297
property. This variance is only required to legalize the existing eaves projection, and is not
required for the proposed second storey.
DHA staff recommends a condition that the owner implement the plans attached to this
report. With conditions, DHA staff is satisfied that Variances ii), iii), and iv), vi meet the
general intent of the Zoning By-law.
Variance viii.-
Under
iii:
Under Table 5-1-1, the proposed ADU (Detached) is categorized within the column
entitled, Lands farther than 800 metres from a Light Rail Transit (LRT) Station as shown
on Appendix E, and outside the Central Neighbourhood Area (Appendix C). The minimum
number of parking spaces is 0.6 per ADU. The required minimum parking calculations are
as follows:
ADU (Detached): 0.6 x 1 = 0.6, rounded up to 1 space
Single Detached Dwelling (Principal Dwelling): 1 space
Total: 1 + 1 = 2 spaces
The applicant is requesting a reduction in parking from 2 spaces to 1 space. The intent of
the minimum parking requirements is to ensure that adequate on-site parking is provided,
to prevent excessive parking from spilling over onto the street. In this case, Transportation
Services has reviewed the requested parking reduction and has no concerns. The
applicant is advised that only one parking space is available on site. DHA staff
recommends conditions to ensure that parking will only occur in the delineated parking
space in front of the ADU (Detached) and that no parking occurs elsewhere on site. As
noted above, non-compliance will be acted upon by the City's By-law Enforcement
Division. With this condition, DHA staff satisfied that Variance viii) meets the general intent
of the Zoning By-law.
Are the Effects of the Variances Minor?
DHA staff is of the opinion that the requested variances are minor in that they are not
anticipated to cause unacceptably adverse impacts on adjacent properties or on the City's
right-of-way, as long as the recommended conditions are implemented.
Are the Variances Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
DHA staff is of the opinion that the proposal is justified and will facilitate gentle residential
intensification to occur, in the form of an Additional Dwelling Unit (Detached), within an area
that permits such use. The ground floor of the ADU (Detached) already exists in the form of
an accessory building (detached garage) and a second storey addition that is set back 1.3
metres from the interior side lot line will be constructed. Several requested variances would
essentially legalize an existing condition.
Environmental Planning Comments:
There are no concerns as there are no natural heritage features/functions or trees subject
to the Tree Management Plan Policy on the subject property.
Heritage Planning Comments:
No heritage comments or concerns.
Page 168 of 297
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(akitchener.ca with any questions.
Fire Services Comments:
For the no parking signs there should be one located at either side of the house facing the
laneway with the arrows indicating the area where no parking is allowed. That is the only
comment since we have learned they can enforce the no parking through conditions.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
There is an existing City -owned street tree within the boulevard on Wake Robin Cres. It is
expected that all City owned tree assets will be fully protected to City standards throughout
demolition and construction as per Chapter 690 of the current Property Maintenance By-
law. No revisions to the existing driveway or boulevard apron will be permitted without
Forestry approval. Tree Protection and Enhancement Plans to Forestry's satisfaction will
be required outlining complete protection of City assets prior to any demolition or building
permits being issued.
Transportation Planning Comments:
Transportation Services approval is contingent on the enforcement of No Parking in the
area on the east side of the dwelling where the driveway is shared with the walkway,
which is understood to be enforceable by City by-law enforcement through a conditional
variance.
This should include:
1. Signage prohibiting parking alongside the house in the walkway.
2. The driveway and walkway need to be implemented with separate material
3. A notice provision to future owners/occupants to maintain the walkway free of vehicles.
Transportation Services recommends the extension of the walkway treatment to the west
side of the parking space, to provide a more durable delineation of the parking space and to
identify an alternative walkway around the vehicle should the front of vehicle overhang into
the walkway.
Grand River Conservation Authority Comments:
No objections.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
Page 169 of 297
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
• DSD -2024-476 regarding Minor Variance Application A2024-090
ATTACHMENTS:
Attachment A - Drawings prepared by Perspective Views Architectural Design, dated May
13, 2025
Attachment B - Red -Line Revisions to Site Plan Drawing, prepared by Transportation
Services
Page 170 of 297
Attachment A - Drawings prepared by Perspective Views Architectural Design,
dated May 13, 2025
CONSULTANTS-
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PERSPERIYEVIEWS RORERTTAUNTON
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A1W ROOF PLAN
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AM FXIST.6PROP.MORTHELEVATIONS
AM EXISTS PROP. EASTELEVATIONS
AJ*1 CROSSSECTIONS
Page 171 of 297
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Page 171 of 297
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Page 172 of 297
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Page 173 of 297
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Page 174 of 297
Page 175 of 297
Page 176 of 297
Attachment B — Red -Line Revisions to Site Plan Drawing, prepared by
Transportation Services
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Page 177 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 178 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 179 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 180 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 181 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."
I
This e-mail is intended only for the person or entity to which it is addressed. If you received
Page 182 of 297
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 183 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 184 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 185 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 186 of 297
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the property owner of
(first name) (last name)
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2624, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
Signature
Date
Page 188 of 297
Lan d'e � � the property owner of
(first name) (last name)_.
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario,
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal,
Thank you,
Date
061
Page 189 of 297
I �,ekrb k the property owner of
ffire4 nim^) � Ilact nnmPl
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 380 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or Objections with this proposal.
Thank you,
Signature
Date
i
Page 190 of 297
I L4 7 r ), k7e01- the property owner of
(first name) (last name)
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario,
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
Signature
z lir
Date
Page 191 of 297
the property owner of
(first name) (la name)
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19tH, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 385 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
I� a 2`
Date
y
Page 192 of 297
I 02:�2 I A5 the property owner of
(first name) t name)
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
170 Z `
Date
Page 193 of 297
t�nU RWTV
(first name)
(address)
'CTA14H
(last name)
the property owner of
declare that. I have seen the
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario,
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
Cate
rA
Page 194 of 297
_�'A LMS AUL- the property owner of
(Mi nems) (last nerre)
declare that I have seen the
(addrem)
proposed architectural drawings completed by perspectNm Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario.
This letter Is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal
Thank you,
` y
Debs
930 iLO191ne 140-YA
I t IiA ]z ,`C, c4e-4^ the property owner of
(first name) (last name)
n
Pec are that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
Date l
Page 196 of 297
l
10 V -the property owner of
(first name) (last name)
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2324, converting existing garage to a 2 -storey accessory dwelling
unit, at 388 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
Page 197 of 297
I r r Cl � , . the property ovffMr of
(first name) (last na e)
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
�IA 5el 20zp
Date
11
Page 198 of 297
k S the property owner of
(first name) (last name)
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Waite Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
S�4�
Date
iM
Page 199 of 297
13
I 'C�t l/y'j L the property owner of
_ � U1 _ p p Y
(first namel (last name]
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
Page 200 of 297
I Lp _ the property owner of
(first name) (last name)
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 366 Wake Robin Crescent, Kitchener, Ontario,
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
LQ�` 01? -
Date
14
Page 201 of 297
the property owner of
(W name) (lot name)
declare that i have seen the
(addrese)
proposed archftectural drawings completed by Perspective Views Inc, dated
August 191h, 2024, converting existing garage to a 2 -storey accessary dweVing
unit, at 386 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
" _9
Date
W-1
Page 202 of 297
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(first name)
(address)
the property owner of
(last name)
declare that I have seen the
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, {Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
Date
17
Page 204 of 297
I �� f►,l Y( I 'T Me �u A the property owner of
(first name) (last name)
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessary dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
iE:
SES v z°)-,
Date
Page 205 of 297
Md
h the property owner of
(first name) (last name)
(address)
declare that I have seen the
proposed architectural drawings completed by Perspective Views Inc, dated
August 19th, 2024, converting existing garage to a 2 -storey accessory dwelling
unit, at 386 Wake Robin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal,
Thank you,
710�
Date
`&7
Page 206 of 297
- \ � I -� p-r"N J OW S �4 the property owner of
(first n mel haat namal
declare that I have seen the
(address)
proposed architectural drawings completed by Perspective Views Inc, dated
May 01st, 2025, converting existing garage to a 2 -storey accessory dwelling unit,
at 386 Wake Rabin Crescent, Kitchener, Ontario.
This letter is to state that I have reviewed and understand the proposed
architectural drawings, and I have no concerns or objections with this proposal.
Thank you,
Date
New owner
Page 207 of 297