HomeMy WebLinkAboutDSD-2025-285 - A 2025-060, 061, B 2025-019, 020 - 181 Borden Avenue NStaff 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: Arwa Alzoor, Planner, 519-783-8903
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 26, 2025
REPORT NO.: DSD -2025-285
SUBJECT: Minor Variance Application A2025-060 - 181 Borden Avenue
North (Proposed Severed Parcel)
Minor Variance Application A2025-061 - 181 Borden Avenue
North (Proposed Retained Parcel)
Consent Application B2025-019 - 181 Borden Avenue North
(Proposed New Lot)
Consent Application B2025-020 - 181 Borden Avenue North
(Proposed Easement)
RECOMMENDATION:
A. Minor Variance Application A2025-060 (Proposed Severed Parcel)
That Minor Variance Application A2025- 060 for 181 Borden Avenue North
requesting relief from the following Sections of Zoning By-law 2019-051:
i) Section 4.14.2 b) to permit a balcony with columns supported by the
ground to project 1.5 metres into the front yard where balconies supported
by the ground are not permitted to project; and
ii) Section 5.3.3 vi) to permit a driveway width of 8.7 metres instead of the
maximum permitted 8 metres;
to permit the redevelopment of the severed parcel proposed to be created
through Consent Application B2025-019, generally in accordance with drawings
prepared by Polocorp, dated May 13, 2025, BE APPROVED.
B. Minor Variance Application A2025-061 (Proposed Retained Parcel)
That Minor Variance Application A2025- 061 for 181 Borden Avenue North
requesting relief from the following Sections of Zoning By-law 2019-051:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 263 of 297
iii) Section 4.14.2 b) to permit a balcony with columns supported by the
ground to project 1.5 metres into the front yard where balconies supported
by the ground are not permitted to project; and
iv) Section 5.3.3 vi) to permit a driveway width of 8.7 metres instead of the
maximum permitted 8 metres;
to permit the redevelopment of the retained parcel proposed to be created
through Consent Application B2025-019, generally in accordance with drawings
prepared by Polocorp, dated May 13, 2025, BE APPROVED.
C. Consent Application B2025-019 (Proposed Severed Parcel and Easement)
That Consent Application B2025-019 requesting consent to sever a parcel of land
having a lot width of 10.2 metres, a lot depth of 30.5, metres and a lot area of
310.7 square metres, including an easement with a width of 1.9 to 3.0 metres,
depth of 30.5 metres, and area of 65.1 square metres BE APPROVED subject to
the following conditions:
That Minor Variance Application A2025-060 and A2025-061 receive final
approval.
2. That Consent application B2025-020 receive final approval.
3. 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.
4. That the Transfer Easement document(s) required to create the Easement(s)
being approved herein shall include the following, and shall be approved by the
City Solicitor in consultation with the City's Manager, Development
Applications:
a) a clear and specific description of the purpose of the Easement(s) and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost sharing
provisions related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
5. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
6. 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.
Page 264 of 297
7. That the owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the plan(s).
The digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
8. That the Owner obtains Demolition Control Approval, in accordance with the
City's Demolition Control By-law, to the satisfaction of the City's Director,
Development and Housing Approvals.
9. That the Owner obtains a Demolition Permit for the existing single detached
dwelling proposed to be demolished, to the satisfaction of the Chief Building
Official, and removes the existing dwelling prior to deed endorsement.
10. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park
dedication of $11,862.00.
11. That the Owner shall prepare a Tree Preservation and Enhancement Plan, in
accordance with the City's Tree Management Policy, to the satisfaction of the
City's Manager, Site Plans, for the Severed and Retained lands. Such plans
shall include, among other matters, the identification of a proposed building
envelope/work zone, a landscaped area and the vegetation to be preserved,
including permission letters from contiguous landowners whose trees will be
potentially impacted by the development. If necessary, the Plan shall include
required mitigation and or compensation measures.
12. That the Owner shall enter into an agreement with the City of Kitchener, to be
prepared by the City Solicitor and registered on title to the Severed and
Retained lands, which shall include the following:
a) That the Owner shall prepare a Tree Preservation and Enhancement Plan, in
accordance with the City's Tree Management Policy, demonstrating
protection and preservation of the City -owned tree that is located adjacent
to the severed and/or retained lands, to the satisfaction of and approval by
the City's Director Parks and Cemeteries. Said plan shall reflect the Plan
approved by the Manager, Site Plans including, among other matters, the
identification of a proposed building envelope/work zone, a landscaped
area and the vegetation to be preserved. No changes to the said plan shall
be granted except with the prior approval of the City's Director, Parks and
Cemeteries and Manager, Site Plans.
b) The Owner shall implement the Tree Protection and Enhancement Plan,
prior to any tree removal, grading, servicing or the issuance of any
demolition and/or building permits, to the satisfaction of the City's Director,
Parks and Cemeteries and Manager, Site Plans.
c) The Owner shall maintain the Severed and Retained lands, in accordance
with the approved Tree Preservation and Enhancement Plan, for the life of
Page 265 of 297
the development.
d) The side yard currently accommodates overland stormwater flows from the
rear yard. A sidewalk is required to the rear yard in accordance with the
Zoning By-law. The final grading of this property shall not adversely affect
the drainage of adjacent properties or the overall grading control plan. The
Owner is responsible to address storm water drainage at the Building
Permit stage.
13. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
14. 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.
15. 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.
16. 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.
17. 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.
18. The Owner shall implement a suitable design solution for a sump pump outlet
to the satisfaction of the Director of Engineering.
D. Consent Application B2025-020 (Proposed Easement)
That Consent Application B2025-020 requesting an easement having a width of
1.9 to 3 metres, a depth of 30.4 metres, and area of 65.1 square metres BE
APPROVED subject to the following conditions:
That Minor Variance Applications A2025-060 and A2025-061 receive final
approval.
2. That Consent Application B2025-019 receive final approval.
3. 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.
Page 266 of 297
4. 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.
5. That the owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or
.dgn (Microstation) format, as well as two full size paper copies of the
plan(s). The digital file needs to be submitted according to the City of
Kitchener's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
6. That the Transfer Easement document(s) required to create the Easement(s)
being approved herein shall include the following, and shall be approved by the
City Solicitor in consultation with the City's Manager, Development
Applications:
a) a clear and specific description of the purpose of the Easement(s) and of
the rights and privileges being granted therein (including detailed terms
and/or conditions of any required maintenance, liability and/or cost sharing
provisions related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
7. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
REPORT HIGHLIGHTS:
• The purpose of this report is to review and make recommendations with respect to the
two (2) Minor Variance Applications and two (2) Consent Applications to facilitate the
demolition of the existing dwelling at 181 Borden Avenue North and the creation of a
two lots for 2 dwellings having 4 dwelling units each and access easements.
• The key finding of this report is that staff recommends that the applications be
approved.
• 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.
Page 267 of 297
BACKGROUND:
The subject property is located in the Auditorium neighbourhood area, North of Ottawa
Street North and East of Weber Street East.
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 subject property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law
2019-051.
The purpose of the application is to create a new parcel and implement an easement on
both the retained and severed parcels for a shared access driveway. Minor variances are
required for both the retained and severed parcels, which address the shared driveway in
the rear yard and the front projecting balcony. These applications facilitate the
redevelopment of the subject property with two Single Detached Dwellings with three
Additional Dwelling Units attached in the form of a fourplex on each of the retained and
severed parcels. A consolidated access is proposed with parking spaces located in the
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Figure 1: Location Map
Page 268 of 297
Figure 2: Zoning Map
Page 269 of 297
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Page 269 of 297
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Figure 3: The proposed site plan
Planning staff have visited the site on May 30, 2025
Page 270 of 297
Figure 4: Front image of the property with the existing house
REPORT:
Planning Comments Minor Variance Applications A2025-060 and A2025-061:
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 Official Plan. Section
15.D.3 of the Official Plan provides policy direction on lands under residential
designations.
Policy 15.D.3.3 provides urban design principles regarding the integration of new
development in low rise residential areas:
a) compatibility of building form with respect to massing, scale, design,
b) the relationship of housing to adjacent buildings, streets and exterior areas,-
c)
reas,c) adequate and appropriate parking areas are provided on site, and,
d) adequate and appropriate amenity areas and landscaped areas are provided on
site.
Page 271 of 297
Policy 15.D.3.4 provides additional direction for new residential buildings in predominately
low density neighbourhoods, such as the one surrounding the subject property.
"All new residential buildings, additions and/or modifications to existing residential
buildings and conversions in predominantly low density neighbourhoods should be
compatible with and respect the massing, scale, design and physical character of the
established neighbourhood and have both appropriate landscaped areas and parking
areas provided on site."
The proposal is to demolish the existing single detached dwelling and construct 2 new
single detached dwellings, each with three (3) Additional Dwelling Units (ADUs)
(Attached). The proposed dwelling complies with the minimum lot size and setback of the
zoning. The surrounding area features a mix of lot sizes and dwelling types, including
single detached, semi-detached, and multiple residential dwellings. The proposed front
balcony and rear driveway/ parking lot are compatible with the neighbourhood scale and
design; therefore, the requested variances meet the intent of the Official Plan.
General Intent of the Zoning By-law
The subject property is zoned `RES -4 Zone' in Zoning By-law 2019-051.
The intent of prohibiting balconies that project into required yards from being supported by
the ground is to maintain open and unobstructed yards, ensure adequate sightlines and
separation between buildings and public spaces, and reduce the perception of bulk in the
required yard, especially at the front yard in this case.
The proposed 1.5 metre front balcony projection supported by columns maintains the
openness of the front yard while providing a functional outdoor amenity space that is
compatible with the residential character of the neighbourhood, as the abutting mid -rise
building has front balconies as per Figure 5. The structure is modest in scale and design,
with columns that do not create a negative impact and do not create a significant massing
effect as per the elevation drawing in Figure 6.
Page 272 of 297
Figure 5: Street view of the abutting multiple Dwelling building
Figure 6: The proposed elevations showing the projected balconies
Page 273 of 297
Staff is of the opinion that the variance meets the general intent of the Zoning By-law while
allowing for enhanced usability of the front fagade.
Limiting the driveway width in the rear yard to 8 metres is intended to preserve
landscaping and amenity space, while minimizing the extent of impermeable surfaces,
which helps manage stormwater, snow storage and green amenity space on-site.
In this case, the proposed driveway exceeds the 8.0 -metre limit to accommodate the
required parking spaces. However, the property continues to meet the rear yard
landscaping requirements of 30%, including a porch that leads to the rear dwelling and
rear balconies on the second and third floor. These landscaped areas provide sufficient
space for outdoor use and stormwater infiltration.
Additionally, the wider driveway is located at the rear of the property which is not visible
from the street, thereby avoiding any negative impact on the streetscape or
neighbourhood character.
Is/Are the Effects of the Variance(s) Minor?
The front balconies only project 1.5 metres in less than 50% of the front fagade width. The
balconies are supported with small columns that do not create a major massing at the front
of the building.
The driveway in the rear yard widens to 8.7 metres, which is only 0.7 metres wider than
the requirement, and it is shared with the abutting lot through the proposed easement.
Given this configuration, the impact of the increased driveway width is minimal, especially
as it is located at the rear and not visible from the street.
Based on the above, the requested variances are considered minor, with no significant
negative impacts
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances represent a form of gentle intensification that is generally
supported by planning staff. The front balcony provides additional amenity space for the
proposed dwelling units. The consolidated driveway is a desirable solution to enable
parking at the rear of the properties. This arrangement decreases the paved area in the
front yard of the retained and severed lots, while having the parking areas screened from
public view. The variances facilitate the desirable redevelopment of the subject property.
Planning Comments Consent Application B20225-019 and B2025-020:
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 relates to housing policies in Chapter 2 regarding
intensification and facilitating housing options. The creation of a new parcel contributes to
gentle intensification, with the total of six Additional Dwelling Units adding further housing
Page 274 of 297
options to the area. Section 2.2 1 (b) of the PPS 2024 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, can remain achievable. The proposed
consent application will contribute towards housing needs and is therefore consistent with
this policy direction.
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 property falls within the `Urban Area' and is designated `Built -
Up Area' in the ROP. Regional policies 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 within these
designations. The neighbourhood provides for the physical and community infrastructure
required for residential development, including transportation networks, municipal water
and wastewater systems, and a broad range of social and public health services,
conforming with Policy 2.D.1 of the ROP. Staff are satisfied that the proposed severance
applications adhere to these policies and conform 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 2014 Official Plan.
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;
Page 275 of 297
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 consent conforms with the above -noted policy. The retained and severed lots
meet the requirements of the Zoning By-law.
In satisfying 17.E.20.5.b), a mix of lot fabrics are found in the area. The existing lot is
generally larger than those observed in the area, and the proposed lots are generally
reflective of the lotting pattern of the area, particularly the narrower properties along East
Avenue.
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Page 276 of 297
Zoning By-law 2019-051
The subject property is zoned as `RES -4' in Zoning By-law 2019-051.
This review of the Zoning By-law confirms that the requested variances are required to
facilitate the proposed development. The variance to permit balconies projecting into the
front yard to be supported by the ground is necessary to accommodate a front balcony
feature that adds additional amenity to the proposed units, while maintaining the intent of
the Zoning By-law to preserve an open front yard.
In addition, the variance to permit a maximum driveway width of 8.7 metres in the rear
yard is required to accommodate a shared driveway between the two properties, and the
driveway accommodates rear yard parking spaces. The increased width is considered
appropriate and meets the intent of the Zoning By-law in providing functional access while
avoiding over -paving of the site.
The table below outlines the `RES -4' zone requirements and conformity of the retained
and severed parcels:
Zone
Retained Lot
Severed
Lot
Provision
Requirement
Provided
Conformity
Requirement
Provided
Conformity
Minimum
235 m2
311.2 m2
Y
235 m2
310.7 m2
Y
Lot Area
Minimum
9.0 m
10.2 m
Y
9.0 m
10.2 m
Y
Lot Width
Minimum
4.5 m
4.5 m
N
4.5 m
4.5 m
Y
Front
Yard
Minimum
7.5 m
11.7 m
Y
7.5 m
11.7 m
Y
Rear Yard
Minimum
1.2 m
2.0 & 1.9
Y
1.2 m
2.0 & 1.9
Y
Interior
m
m
Side Yard
Minimum
4.5 m
N/A
N/A
4.5 m
N/A
N/A
Exterior
Side Yard
Maximum
55%
< 55%
Y
55%
< 55%
Y
Lot
Coverage
Minimum
2.6 m
3.8 m
N
2.6 m
3.8 m
Y
Driveway
Width
Maximum
8 m
8.7 m
N
8 m
8.7 m
N
Driveway
Width
Easement
Applications B2025-019 and B2025-020 also include the creation of an easement. This is
a reciprocal easement providing each lot with access rights over the area of the shared
Page 277 of 297
driveway. This is necessary as half the width of the driveway is on each property, and a
car cannot traverse the driveway without being on the other lot.
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
and the creation of the easement to facilitate the shared driveway are desirable and
appropriate.
Environmental Planning Comments:
Staff have reviewed the Tree Preservation / Enhancement Plan (TPEP) by Aaron Hill
submitted in support of the above -noted applications. Please note that no permission
letters from contiguous landowners whose trees will be potentially impacted were included
with the submission.
A review of the submission has found the following:
• No tree species at risk are identified on/adjacent to the property.
• Trees, both native and non-native, of various condition, will be removed from the
property.
• 4 trees on adjacent properties will be potentially impacted.
• Permissions from adjacent landowners must be submitted as part of the TP/EP
ultimately approved for the 4 trees to be impacted. This will be required prior to deed
endorsement.
• Standard condition to enter into an agreement registered on title for mitigation
measures (protective fencing, other as appropriate), or other e.g. compensation
planting, as appropriate.
Heritage Planning Comments:
No concerns.
Building Division Comments:
A 2025-060 and A 2025-061:
The Building Division has no objections to the proposed variance provided a building permits
for the residential building is obtained prior to construction. Please contact the Building
Division at buildinq(a-)kitchener.ca with any questions.
B 2025-019:
The Building Division has no objections to the proposed consent. Region of Waterloo and
Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal
Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be
required for the demolition of the existing building, as well as the construction of the new
residential buildings.
B 2025-020:
The Building Division has no objections to the proposed consent.
Page 278 of 297
Engineering Division Comments:
A 2025-060, A 2025-061 and B2025-020:
No concerns
B2025-019:
• Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, 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 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.
• 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.
• The Owner shall implement a suitable design solution for a sump pump outlet to the
satisfaction of the Director of Engineering.
• The side yard currently accommodates overland stormwater flows from the rear yard.
A sidewalk is required to the rear yard in accordance with the Zoning By-law. The final
grading of this property shall not adversely affect the drainage of adjacent properties
or the overall grading control plan. The Owner is responsible to address storm water
drainage at the Building Permit stage.
Parks/Operations Division Comments:
2025-061 — 181 Borden Avenue North (Retained), B2025-019 — 181 Borden Avenue North
and B2025-020 — 181 Borden Avenue North
No concerns
A2025-060 — 181 Borden Avenue North (Severed):
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 lot only, with a land valuation
calculated by the lineal frontage of 10.2 metres at a land value of $36,080.00 per frontage
metre, which equals $18,400.80. In this case, a per unit cap of $11,862.00 has been applied.
There is an existing City -owned street tree located on Second Avenue that should be
protected in place throughout all construction. 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. Protection and Enhancement
Page 279 of 297
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:
No concerns
Region of Waterloo Comments:
No comments provided.
Grand River Conservation Authority Comments:
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
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
ATTACHMENTS:
Attachment A — Consent Drawing
Attachment B — Concept plan
Page 280 of 297
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Region of Waterloo
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
CofA(a)kitchener.ca
PLANNING, DEVELOPMENTAND
LEGISLATIVE SERVICES
150 Frederick Street, 81" floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www. regionofwaterloo.ca
Susanna Reid, MCIP, RPP
519-502-8298
File: D20-20/25 KIT
June 11, 2025
Re: Comments on Consent Application: B2025-018; B2025-019; B2025-020
Committee of Adjustment Hearing, June 17, 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: 5004291
Page 283 of 297
File No:
B2025-018
Address:
73 Second Ave.
Description: Plan 254 Lot 33
Owner:
Weijie Zhang
Applicant:
Boban Jokanovic, Bobicon Ltd.
The purpose of the application is to demolish the existing dwelling on the property and
to create two lots for a duplex on each of the severed and retained lands.
Source Water Protection: The subject property is within a Part IV area, as defined by
the Clean Water Act. The owner/applicant has provided a Section 59 notice.
Environmental Threats: There are no high or medium threats in the Threat Inventory
Database (TID) on or adjacent to 73 Second Ave.
Regional Fees: Regional staff have not received the required $350 fee for review of a
consent application.
Regional staff have no objection to this application subject to the following condition:
1. That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
Document Number: 5004291
Page 284 of 297
File No: B2025-019
Address: 181 Borden Ave North
Description: Part Lot 7, Part Lot 8, Plan 655
Owner: Craig McRae Robson Professional Corporation
Applicant: Matthew Warzecha, Polocorp Inc
This is a residential lot with a single detached dwelling, with a total lot area of 621.9 m2.
The owner/applicant has applied to sever a 310.7 m2 parcel. The area of the retained
parcel will be 311.2 m2.
The severed parcel is proposed to be developed with one primary dwelling and three
attached ADUs.
The retained parcel is proposed to be developed with one primary dwelling and three
attached ADUs.
Source Water Protection: The subject property, 181 Borden Ave North, is outside a
Part IV area as defined by the Clean Water Act.
Environmental Threats: There are no high or medium threats in the Threats Inventory
Database identified on 181 Borden Ave North, or on properties adjacent to 181 Borden
Ave North.
Regional Fees: Regional staff have not received the required $350 fee for review of a
consent application.
Regional staff have no objection to this application subject to the following condition:
1. That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
Document Number: 5004291
Page 285 of 297
File No: B2025-020
Address: 181 Borden Ave North
Description: Part Lot 7, Part Lot 8, Plan 655
Owner: Craig McRae Robson Professional Corporation
Applicant: Matthew Warzecha, Polocorp Inc
The existing residential lot is proposed to be severed into two parcels by Consent File
B2025-019. The lots are proposed to share a single driveway access area onto Borden
Avenue, approximately 3.6 m wide
Consent file B2025-020 requests a shared access easement to straddle the lot line
between the two properties, extending the full depth of the lot (approximately 30.5
metres). The total area of the proposed easement is 120.7 m2.
Source Water Protection: The subject property, 181 Borden Ave North, is outside the
Part IV area.
Environmental Threats: There are no high or medium threats in the Threats Inventory
Database identified on 181 Borden Ave North, or on properties adjacent to 181 Borden
Ave North.
Regional Fees: Regional staff have not received the required $350 fee for review of a
consent application.
Regional staff have no objection to this application subject to the following condition:
1. That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
Document Number: 5004291
Page 286 of 297
General Comments:
If any other applications are required to facilitate the application additional fees and/or
requirements may apply. Any submission requirements may be subject to peer review,
at the owner/applicant's expense as per By-law 24-052.
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 clearance.
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: 5004291
Page 287 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 288 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 289 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 290 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 291 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 292 of 297
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 293 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 294 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 295 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 296 of 297
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