HomeMy WebLinkAboutDSD-2025-300 - A 2025-062 - 124 Tupper Crescent
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 15, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Jade McGowan, Student Planner, 519-707-4759
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: July 2, 2025
REPORT NO.: DSD-2025-300
SUBJECT: Minor Variance Application A2025-062 124 Tupper Crescent
RECOMMENDATION:
That Minor Variance Application A2025-062 for 124 Tupper Crescent requesting
relief from Section 5.3 a) of Zoning By-law 2019-051, to not require a visual barrier to
be provided and maintained between a parking lot and a lot line abutting a
residential zone, whereas a minimum 1.8 metre high visual barrier is required in this
location, to facilitate the addition of 2 new dwelling units within the existing building
for a total of 25 dwelling units, in accordance with Site Plan Application
SP24/049/T/AP, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of a Minor Variance Application
for relief from parking space and parking lot provisions related to visual barriers
abutting a residential zone.
The key finding of this report is that the requested variance meets the 4 tests of the
Planning Act
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the southeast corner of Tupper Crescent and
Confederation Drive, in the Heritage Park Planning Community. The property currently
contains a three-storey multiple dwelling and associated paved parking lot at the rear of
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the building. The lands immediately surrounding the subject property are comprised of low
rise and high rise residential uses, including detached dwellings a multiple dwellings. It
should be noted that the three (3) properties that directly abut the rear yard parking lot
contain multi-storey multiple dwellings, as follows:
301 Heritage Drive: 6-storeys
144 Confederation Drive: 5-storeys
116 Tupper Cres: 3-storeys
Figure 1: Location Map Outlined in Red
on Map 2 Urban Structure and is
Low Rise Residential
Zone (RES-5-law 2019-
051.
The property is subject to Site Plan Application SP24/049/T/AP, which was conditionally
th
approved July 26, 2024. The Site Plan Application is to convert the three storey multiple
dwelling building from 23 dwelling units to 25 dwelling units within the interior of the
existing building (i.e., creating 2 new dwelling units).
The purpose of the Minor Variance Application is to request relief for there not to be a
visual barrier around the existing parking lot adjacent to a residential zone, where a 1.8
metre visual barrier is required. The visual barrier is required to bring the property into
compliance with current zoning regulations with the addition of 2 new dwelling units. Relief
is required as a Bell easement is located on the subject property and the provision of a
visual barrier would otherwise impede access to the utilities within the easement. The
easement projects approximately 1.5 metres (5 feet) onto the property along the
southeastern interior side lot line and approximately 1.2 metres (4 feet) along the
northeastern interior side lot line.
It should be noted that the visual barrier is shown on the approved Site Plan drawing
(Figure 2) and will be amended to remove the visual barrier, subject to Committees
decision on the subject Minor Variance Application.
Figure 2: Site Plan
Figure 3: Property Survey Showing the Bell Easements
Planning Staff visited the site on June 25, 2025.
Figure 4: Street View of 124 Tupper Crescent
Figure 5: Rear parking lot and landscaped area on the abutting property
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 intent of
the Low Rise Residential land use designation is to accommodate a full range of low
density housing types, including the existing multiple dwelling use. The Low Rise
Residential designation encourages the mixing and integrating of different forms of
housing to achieve and maintain a low rise built form.
Section 15.D.3.4 of the Official Plan also provides direction that additions and/or
modifications to existing residential buildings 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 requested variance to allow for no visual barrier will facilitate the construction of two
new dwelling unitswithin the existing building, which maintains a low-rise form of
development and is compatible with the neighbourhood scale and design. Therefore,
Planning Staff are satisfied that the variance maintains the general intent of the Official
Plan.
General Intent of the Zoning By-law
The intent of the visual barrier regulation is to ensure that parking lots are adequately
screened and buffered from adjacent residential uses.
Section 5.3(a) of the Zoning By-law states that where a parking lot is situated on a lot and
abuts a residential zone, a visual barrier shall be provided and maintained between the
parking lot and such abutting residential zone lot line in accordance with Section 4.18,
which states that where a visual barrier is required it shall be a minimum height of 1.8
metres.
The visual barrier minor variance is required because of a Bell easement along both the
rear lot line and the interior side lot line. Installing a visual barrier in these areas would
obstruct access to the utilities within the easement. The property maintains a minimum of
approximately 10 metres of landscaped area between the parking lot and the neighbouring
multiple dwellings on two different properties along the rear lot line to the southeast. To the
northeast, there is approximately 4 metres of landscaped buffer between the parking lot
and the abutting property. This landscaping provides an adequate buffer between the
parking lot and the neighboring residential uses.
It should be noted that there is a chain link fence along the eastern portion of the
southeastern interior side lot line, however this fence is located on the abutting property.
Planning Staff are satisfied that the variance meets the general intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
The proposed relief will not result in any substantial negative impact on neighboring
properties. As such, Planning Staff are of the opinion that the effects of the requested
variance is minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variance would facilitate the construction of two additional dwelling units
within the existing multiple dwelling, providing a form of gentle intensification. It will also
allow unobstructed access to the existing Bell easement. As such, Planning Staff are of
the opinion that the requested variance is desirable and appropriate for the subject
property.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
No concerns.
Engineering Division Comments:
No concerns.
Parks Planning Comments:
Parkland dedication is not required for this application as it will be charged to the Applicant
during the Site Plan Application Process. Parkland dedication of $7,660.00 will be
required.
Transportation Planning Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
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
Approved Site Plan Application SP24/049/T/AP
June 24, 2025
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting June 15, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 062 – 124 Tupper Cresent – No Concerns
2) A 2025 – 063 – 55 Shoemaker Street – No Concerns
3) A 2025 – 064 – 82 Brunswick Avenue (Future Severed) – No Concerns
4) A 2025 – 065 – 82 Brunswick Aveune (Future Retained) – No Concerns
5) A 2025 – 066 – 508 New Dundee Road – No Concerns
6) A 2025 – 067 – 38 Fifth Aveune (Side A) – No Concerns
7) A 2025 – 068 – 38 Fifth Aveune (Side B) – No Concerns
8) A 2025 – 069 – 439 Alice Aveune (Side A) – No Concerns
9) A 2025 – 070 – 439 Alice Aveune (Side B) – 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.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Document Number: 5014252
5014252
Yours Truly,
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
Document Number: 5014252
June 30, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July15, 2025
Applications for Minor Variance
A 2025-062124 Tupper Crescent
A 2025-06355 Shoemaker Street
A 2025-064& A 2025-06582 Brunswick Avenue
A 2025-066508 New Dundee Road
A 2025-067& A 2025-06838 Fifth Avenue
A 2025-069& A 2025-070439 Alice Avenue
Applicationsfor Consent
B2024-031829 Stirling Avenue South
Grand River Conservation Authority (GRCA) staff havereviewed 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 arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
From:Jenna Auger
To:Committee of Adjustment (SM); Committee of Adjustment (SM)
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - July 15, 2025 Meeting
Date:Monday, June 23, 2025 10:07:35 AM
Attachments:image001.png
Good morning,
Metrolinx is in receipt of the following Committee of Adjustment agenda for Kitchener.
Upon review, we note that no applications fall within the Metrolinx review zone. As such,
Metrolinx issues no comments for this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street | Toronto | Ontario | M5J 2W3
**Adjacent Construction Review (ACR) was formerly Third-Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: June 19, 2025 12:20 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - July 15, 2025 Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
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Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, July 15, 2025, have been loaded and circulated through
ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA@kitchener.ca no later than 12 noon on Monday, June 30, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
From:Nembhard, O"Neil (MTO)
To:Committee of Adjustment (SM)
Subject:Committee of Adjustment Application Review - July 15, 2025 Meeting
Date:Wednesday, June 25, 2025 2:15:43 PM
Attachments:image001.png
Good day,
Please see MTO comments related to the Committee of Adjustment Application
Review - July 15, 2025, Meeting:
MTO has no objection to these applications. The subject properties are located
beyond MTO Permit Control Area (PCA) and therefore MTO review, approval and
permits will not be required.
1.A 2025-062 Variance Application – 124 Tupper Crescent
2.A 2025-063 Minor Variance (Zoning) - 55 Shoemaker Street
3.A 2025-064 Minor Variance (Zoning) - 82 Brunswick Avenue
4.A 2025-065 Minor Variance (Zoning) - 82 Brunswick Avenue
5.A 2025-066 Minor Variance (Zoning) – 508 New Dundee Rd
6.A 2025-0669 Minor Variance (zoning) – 439- A Alice Ave
7.A 2025-0670 Minor Variance (zoning) – 439- B Alice Ave
8.B 2025-021 – Consent – 546 Courtland Ave E
9.A 2025-067 and A 2025-068 - 38 Fifth Ave. Side A and Side B. The subject
property does fall within MTO permit control area, however based on the
modifications to site proposed, MTO permits, approval, review will not be
required.
Thank you for the opportunity to review and provide comments.
Regards,
O’Neil Nembhard
Corridor Management Planner | Operation West | Operations Division
Ministry of Transportation Ontario | Ontario Public Service
548-388-2571 | o’neil.nembhard @ontario.ca
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