HomeMy WebLinkAboutDSD-2025-311 - A 2025-067 and A 2025-068 - 38 Fifth AvenueDevelopment Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July15,2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Sean Harrigan,Senior Planning Technician,519-783-8934
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: July 4, 2025
REPORT NO.: DSD-2025-311
SUBJECT: Minor Variance Application A2025-067 38 Fifth Ave. (Right)
Minor Variance Application A2025-068 38 Fifth Ave. (Left)
RECOMMENDATION:
A.Minor Variance Application A2025-067 (Right Half Unit A)
That Minor Variance Application A2025-067for 38 Fifth Avenue requesting relief
from the following Sections of Zoning By-law 2019-051:
i)To permit a Semi-Detached Dwelling use where the Semi-Detached Dwelling
Units are divided vertically by a shared driveway and common wall above the
driveway extending to the roofline;
ii)Section 5.4. e) to permit a minimum driveway width of 1.5 metres instead of the
minimum required 2.6 metres;
iii)Section 5.4. f) to permit a maximum driveway width of 8.5 metres in the rear
yard instead of the maximum permitted 8 metres; and
iv)Section 7.3, Table 7-3, to permit a maximum building height of 11.5 metres
instead of the maximum permitted 11 metres;
to facilitate the development of the right side of a new type of Semi-Detached
Dwelling use generally in accordance with drawings prepared by John MacDonald
Architect, dated April 2, 2025, revised June 17, 2025, BE APPROVED.
B.Minor Variance Application A2025-068 (Left Half Unit B)
That Minor Variance Application A2025-068for 38 Fifth Avenue 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.
i) To permit a Semi-Detached Dwelling use where the Semi-Detached Dwelling
Units are divided vertically by a shared driveway and common wall above the
driveway extending to the roofline;
ii) Section 5.4 e) to permit a minimum driveway width of 1.5 metres instead of the
minimum required 2.6 metres;
iii) Section 5.4 f) to permit a maximum driveway width of 8.5 metres in the rear
yard instead of the maximum permitted 8 metres; and
iv) Section 7.3, Table 7-3, to permit a maximum building height of 11.5 metres
instead of the maximum permitted 11 metres;
to facilitate the development of the left side of a new type of Semi-Detached
Dwelling use generally in accordance with drawings prepared by John MacDonald
Architect, dated April 2, 2025, revised June 17, 2025, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review Minor Variance Applications for a proposed new
style of Semi-Detached Dwelling with a shared driveway and increased building
height.
The key finding of this report is that the requested variances satisfy the Four Tests of
the Planning Act and staff recommend approval of the applications.
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 west side of Fifth Avenue between Kingsway Drive
to the north and Connaught Street to the south. The property currently contains a Single
Detached Dwelling with approximately 18 metres of frontage on Fifth Avenue.
The subject property is identifie on Map 2 Urban Structure and is
Low Rise Residential
Low Rise Residential Four Zone (RES-4-law 2019-
051.
-law 2019-051.
The purpose of the applications is to permit a new type of Semi-Detached Dwelling divided
vertically into two semi-detached dwelling units by a shared driveway and common wall
above the driveway extending to the roofline that prevents internal access between
dwelling units. This new type of Semi-Detached Dwelling is slightly different from the
standard zoning definition which states that a Semi-Detached Dwelling is divided by only a
common wall which extends from the foundation to the roofline. Each side of the proposed
new type of Semi-Detached Dwelling requires minor variances to permit an increased
building height, reduced driveway width within the building to reflect the shared driveway,
and increased driveway width within the rear yard to accommodate parking spots
perpendicular to the building with sufficient space for maneuverability.
Figure 1: Location Map (38 Fifth Avenue shown in RED)
Figure 2: Site Plan
Figure 3: Proposed Front Elevation
Figure 4: Proposed Rear Elevation
Figure 5: Proposed Side Elevation
Figure 6: Proposed Side Elevation Cross Section
Figure 7: Existing House Figure 8: Existing House (Right Side)
Figure 9: Existing House - Left Side Figure 10: Existing Streetscape Right
of Subject Site
Figure 11: Existing Streetscape Left of
Subject Site
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
quality of life while ensuring that existing and new residential areas are walkable and
supported by all modes of transportation.
accommodate a full range of low density housing types and the City will encourage and
support the mixing and integrating of innovative and different forms of housing to achieve
and maintain a low-rise built form. The proposed new type of Semi-Detached Dwelling is
an innovative design that allows for a shared driveway to help reduce the amount of paved
surface dedicated vehicles. This contributes to walkability and increased amenity space
thereby supporting a high quality of life while still maintaining a low-rise built form.
Official Plan policy 4.C.1.9 states that where minor variances are requested to facilitate
residential intensification or redevelopment of lands, the overall impact of the minor
variances will be reviewed to ensure that any new buildings are appropriate in massing
and scale and are compatibility with the built form and neighbourhood community, new
builds are sensitive to exterior areas of adjacent properties, and the lands can function
appropriately and not create unacceptable adverse impacts for adjacent properties,
amongst other requirements. To this regard, staff are satisfied that the proposed new type
of Semi-Detached Dwelling with a slight increase in building height and modifications to
driveway widths is appropriate in massing and scale, is compatible with the existing built
form and neighbourhood community, is sensitive to exterior areas of adjacent properties,
and can function appropriately particularly as it relates to the shared driveway for vehicle
access. As such, staff are satisfied that the proposed variances maintain the general intent
of the Official Plan.
General Intent of the Zoning By-law
The general intent of a Semi-Detached Dwelling as defined and regulated under the
Zoning by-law is to create two sides that can operate and function as independent lots with
the option to add up to 4 residential dwelling units and for the two sides to be severed. The
proposed new type of Semi-Detached Dwelling satisfies this general intent of the Zoning
By-law.
The general intent of the zoning regulation for maximum building height is to help ensure a
consistent streetscape and built form. To this regard, the proposed new type of Semi-
Detached has a building height of approximately 11.1 metres as measured from the
highest grade elevation surrounding the building to the peak of the roof. The building
height from the lowest grade elevation in the rear yard to the peak of the roof is
approximately 12.5 metres which exceeds 110% of the maximum building height as
specified in the Zoning definition of building height. This 12.5 metre height from the lowest
grade elevation in the rear yard to the peak of the roof is due to the unique parking layout
and shared driveway through the basement. The proposed 11.1 metre building height is
generally consistent with the two Semi-Detached Dwellings on the abutting properties and
surrounding neighbourhood while the 12.5 metre height in the rear yard does not deviate
from the established built form or create adverse impacts for abutting properties. As such,
staff are satisfied that the requested variance for increased building height maintains the
general intent of the Zoning By-law.
The general intent of the Zoning By-law for maximum and minimum driveway widths is to
help ensure required parking any development can function appropriately and does not
exceed the maximum lot coverage. The Zoning By-law currently allows the minimum
driveway width to be measured across property lines in the case of shared driveways
where reciprocal easements are in place. The applicant intends to establish reciprocal
easements when they sever the Semi-Detached Dwelling. However, the applicant must
first build the Semi-Detached Dwelling before they can sever the property, which means
they cannot establish the easements at this time and instead must obtain minor variance
approval to allow the reduced driveway width for the portion of the driveway under the
building until they can sever the property and register the necessary easements. This
order of applications and processes is consistent with the general intent of the Zoning By-
law. Regarding the maximum driveway width, this is necessary to facilitate parking spots
perpendicular to the building with sufficient space for maneuverability. This increase in
maximum driveway width does not conflict with required rear yard landscaping or create
any other adverse impacts for the site or surrounding properties. As such, staff are
satisfied that the requested variance for maximum driveway width maintains the general
intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are satisfied that the requested variances are minor in nature. As discussed above,
the proposed new type of Semi-Detached Dwelling is consistent with a Semi-Detached
Dwelling as defined by the Zoning By-law while providing an innovative design for shared
parking that decreases the amount of driveway within the front yard. The slight increase in
building height and modifications to driveway widths are also minor deviations from the
Zoning By-law that should not have any adverse impacts on site functionality or
surrounding properties.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed new type of Semi-Detached Dwelling with a slight increase in building
height and modifications to driveway widths is considered appropriate development and
use of the land. The Semi-Detached Dwelling is similar to other Semi-Detached Dwellings
throughout the City, with the exception of a shared driveway for improved functionality.
The increase in building height allows for the shared driveway in the basement and
increased light for the basement units for a higher quality of life. The proposed changes to
minimum and maximum driveway widths facilitates the shared driveway and provides
sufficient maneuverability in the rear yard without compromising minimum required
landscaping.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No Heritage comments or concerns
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building
permits for the new residential building is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
Engineering has no concerns.
Parks and Cemeteries/Forestry Division Comments:
While this application is not requesting a severance to the lot, the site plan drawing shows
severance, 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 would be $11,862.00 if the severance occurred at this
time. Park Dedication is calculated at 5% of the new development lot only, with a land
valuation calculated by the lineal frontage of 9 m at a land value of $36,080 per frontage
meter, which equals $16,236.00. In this case, a per unit cap of $11,862.00 has been
applied. Depending on when the anticipated severance application is received, the per unit
cap may be different.
There is an existing City-owned street tree located on Fifth 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
on of City assets
prior to any demolition or building permits being issued.
Transportation Planning Comments:
Transportation Services recommends that outbound vehicles yield to inbound vehicles due
to the increased difficulty of inbound vehicles reversing up the ramp, and the increased
risks that reversing up the ramp poses to pedestrians and other motorists. The applicant
garage from the rear of the property, and when exiting the garage to Fifth Avenue.
While a constrained one-lane drive aisle may occasionally inconvenience residents,
minimal hazards are expected due to very low expected traffic volumes.
Ministry of Transportation Ontario Comments:
The subject property does fall within MTO permit control area, however based on the
modifications to the site as proposed, MTO permits, approval, review will not be 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 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
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.
EXPÉDITEUR EXTERNE: Ne cliquez sur aucun lien et n’ouvrez aucune pièce jointe à moins qu’ils ne proviennent d’un expéditeur
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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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