HomeMy WebLinkAboutDSD-2025-306 - A 2025-066 - 508 New Dundee Road
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: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: July 2, 2025
REPORT NO.: DSD-2025-306
SUBJECT: Minor Variance Application A2025-066 508 New Dundee Rd.
RECOMMENDATION:
That Minor Variance Application A2025-066 for 508 New Dundee Road requesting
relief from the following sections of Zoning By-law 2019-051:
i) Section 5.3 c) to permit a new driveway north of the existing driveway to be
comprised of grass instead of a hard surface material; and
ii) Section 5.4 k) to permit the new driveway north of the existing driveway to not
be of a distinguishable material;
to facilitate the construction of a detached garage for motor vehicles generally in
accordance with drawings prepared by Martin Simmons Sweers, dated May 9, 2025,
BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to permit a driveway to be comprised of grass instead of
a hard-surface material and to permit the driveway to not be of a distinguishable
material to facilitate the construction of a detached garage for motor vehicles.
The key finding of this report is that the requested minor variances meet the four tests
of the planning act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located on the north-east side of New Dundee Road and Robert
Ferrie Drive. It is in the Doon Southneighbourhood which is primarily comprised of low-
rise residential uses.
Figure 1: Location Map 508 New Dundee Road(Outlined in Red)
Community AreasUrban Structure and is
Low Rise Residential
Low Rise Residential OneZone (RES-1)with Site-Specific
Provisions (288)and(304)Zoning By-law 2019-051.
Site Specific Provision (304) states the following:
(304) Within the lands zoned RES-1 and shown as affected by this provision on
Zoning Grid Schedule 253 of Appendix A, the driveway existing as of April 20, 2015,
shall be deemed to comply with the regulations of this by-law for the existing single
detached dwelling and any home occupations added thereto.
The existing driveway is in compliancewith the site-specificprovision. The purpose of the
minor varianceapplicationis to permit a new driveway north of the existing driveway to be
comprised of grass,instead of a hard surface material,and to permit the driveway to not
be of a distinguishable material to facilitate the construction of a detached garage for
motor vehicles in the rear of the property. The garage will serve as a showroom for vintage
vehicles. The driveway from the garage to access the road will only be used once a year
for servicing. Constructing afixed hard surfaced driveway woulddisruptthe existing
established landscaped condition. The variance will allow the owner to maintain the estate
character of the property as well as facilitate the construction of the garage.
Figure 2: Site Plan of Proposed Garage Location with New Driveway
Figure 3: Front (South) Elevation of Proposed Structure
Figure 3: Right Side (East) Elevation of Proposed Structure
Figure 4: Rear (North) Elevation of Proposed Structure
Figure 5: Left Side (West) Elevation of Proposed Structure
Planning Staff conducted a site visit on June 26, 2025.
Figure 6: Existing Site Conditions as of June 26, 2025
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
This
land use designation places emphasis on compatibility of building form with respect to
massing, scale, and design in order to support the successful integration of different
housing and building types. The proposed accessory building use of the property conforms
to the land use designation and is a desirable addition to a residential property. Also, the
gn Manual encourages the minimization and use of impermeable
surfaces and prioritizes the use permeable materials where possible. It is the opinion of
staff the requested variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation for driveways to be made of distinguishable materials is to
clearly identify vehicle access points and to prevent vehicles from parking on sidewalks
and front lawns. The proposed new driveway north of the existing driveway comprised of
grass is already existing in the rear of the subject property, and it does not intersect with a
sidewalk. The driveway will not be used for parking and will be used infrequently once a
year for servicing only. Also, cars will not be parked on the sidewalk or the front lawn. It is
the opinion of staff the requested variances meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed variances are minor in nature as it seeks to permit driveway comprised of
grass that will be used only once a year. The minimal and infrequent vehicle movement
will not result in significant impacts to adjacent properties and the streetscape. The
variance will minimize disruption and maintain current grading and drainage patterns and
will not adversely impact the heritage designation of the property.
Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land,
Building and/or Structure?
The variances support the appropriate development of accessory building without altering
the existing landscape and requiring unnecessary hardscaping. They will enable the
property owner to maintain the current landscaping conditions and avoid introducing new
construction and/or hard surfaces that would otherwise impact the current landscaping of
the property. The variances will allow the preservation the established character of the lot.
Environmental Planning Comments:
No comments or concerns.
Heritage Planning Comments:
The property municipally addressed as 508 New Dundee Road is designated under Part
IV of the Ontario Heritage Act. The proposed driveway and the detached garage are not
anticipated to adversely impact the heritage attributes of the property. Moreover, the
detached garage will be located towards the rear of the property and will not be visible
from the public realm. As such, staff do not have any concerns with this proposed
application.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the new detached garage is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments or concerns.
Parks and Cemeteries/Forestry Division Comments:
No comments or concerns.
Transportation Planning Comments:
No comments or concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This
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 par
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
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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