HomeMy WebLinkAboutDSD-2025-314 - A 2025-069 and A 2025-070 - 439 Alice Avenue
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: Sean Harrigan, Senior Planning Technician, 519-783-8934
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: July 7, 2025
REPORT NO.: DSD-2025-314
SUBJECT: Minor Variance Application A2025-069 - 439 Alice Ave. (Left)
Minor Variance Application A2025-070 - 439 Alice Ave. (Right)
RECOMMENDATION:
A. Minor Variance Application A2025-069 439 Alice Avenue (Unit A - Left Side)
That Minor Variance Application A2025-069 for 439 Alice Avenue (Unit A Left Side)
requesting relief from the following Sections of Zoning By-law 2019-051:
i) Section 5.4.e), Table 5-3, to permit a driveway leading to an attached garage to
a have minimum setback from the southern interior side lot line of 0.1 metres
instead of minimum required 1.2 metres.
ii) Section 7.3, Table 7-3, to permit a minimum front yard setback of 5.2 metres
instead of minimum required 9.5 metres;
iii) Section 7.3, Table 7-3, to permit a minimum interior side yard setback from the
southern interior side lot line of 1 metre instead of minimum required 1.2
metres; and
iv) Section 7.3, Table 7-3, to permit a minimum interior side yard setback from the
northern interior side lot line of 0 metres instead of 1.2 metres;
to facilitate the development of a new Semi-Detached Dwelling, generally in
accordance with drawings prepared by Alphatrons, dated June 12, 2025, BE
APPROVED subject to the following condition:
1. That the Owner shall submit a Plan(s), prepared by a qualified consultant, to the
and the Director of
showing the
following:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
a) the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
b)the location of any existing buildings or structures to be removed or
relocated;
c) the proposed grades and drainage; which plan demonstrates the existing
retaining wall within the City boulevard on Karn Street is removed or
relocated entirely within private property;
d) the location of all trees to be preserved, removed or potentially impacted
on or adjacent to the subject lands, including notations of their size,
species and condition. If necessary, the plan shall include required
mitigation and or compensation measures;
e) the location of all City-owned street-tree(s) demonstrating protection and
preservation of the City-owned tree(s);
f) justification for any tree(s) to be removed;
g) outline tree protection measures for trees to be preserved; and
h) building elevation drawings.
B. Minor Variance Application A2025-070 439 Alice Avenue (Unit B Right Side)
That Minor Variance Application A2025-070 for 439 Alice Avenue (Unit B Right
Side) requesting relief from the following Sections of Zoning By-law 2019-051:
i) Section 5.6.a), Table 5-5-1, to permit 1 parking space instead of the minimum
required 2 parking spaces (1 parking space for the primary Dwelling Unit and
0.3 parking spaces per Additional Dwelling Unit);
ii) Section 7.3, Table 7-3, to permit a minimum front yard setback of 3 metres
instead of minimum required 9.5 metres;
iii) Section 7.3, Table 7-3, to permit a minimum corner lot width of 9.3 metres
instead of minimum required 12 metres;
iv) Section 7.3, Table 7-3, to permit a minimum exterior side yard setback of 2.5
metres instead of minimum required 4.5 metres; and
v) Section 7.3, Table 7-3, to permit a minimum interior side yard setback from the
southern interior side lot line of 0 metres instead of minimum required 1.2
metres;
to facilitate the development of a new Semi-Detached Dwelling, generally in
accordance with drawings prepared by Alphatrons, dated June 12, 2025, BE
APPROVED subject to the following condition:
1. That the Owner shall submit a Plan(s), prepared by a qualified consultant, to the
showing the
following:
a) the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
b) the location of any existing buildings or structures to be removed or
relocated;
c) the proposed grades and drainage; which plan demonstrates the existing
retaining wall within the City boulevard on Karn Street is removed or
relocated entirely within private property;
d) the location of all trees to be preserved, removed or potentially impacted
on or adjacent to the subject lands, including notations of their size,
species and condition. If necessary, the plan shall include required
mitigation and or compensation measures;
e) the location of all City-owned street-tree(s) demonstrating protection and
preservation of the City-owned tree(s);
f) justification for any tree(s) to be removed;
g) outline tree protection measures for trees to be preserved; and
h) building elevation drawings.
REPORT HIGHLIGHTS:
The purpose of this report is to review Minor Variance Applications to facilitate the
development of a Semi-Detached Dwelling with 3 dwelling units in each side.
The key finding of this report is that the requested minor variances satisfy the Four
Tests in 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
s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the southwest corner of Alice Avenue and Karn Street.
The property currently contains a single detached dwelling and shed with a driveway
accessed from Karn Street. The existing house is currently setback 1.5 metres from Karn
Street and is supported by a wood retaining wall located within the city boulevard directly
beside the sidewalk. The property has approximately 16.8 metres of frontage on Alice
Avenue and 22.6 metres of frontage on Karn Street. There are street trees, utility boxes,
and utility poles within the City boulevard directly abutting the subject site.
on Map 2 Urban Structure and is
Low Rise Residential
The Low Rise Residential Four Zone (RES-4-law 2019-
051.
-law 2019-051.
Figure 1: Location Map (439 Alice Avenue shown in RED)
The purpose of the applications is to permit a new Semi-Detached Dwelling with 3 dwelling
units in each side. To facilitate this development, minor variances are required for the
minimum setback for side yards, minimum front yard setback, and minimum corner lot
width. The applicant has also requested an additional minor variance for each side of the
Semi-Detached Dwelling to retain city trees. This includes a variance to permit the
driveway leading to an attached garage for the left side of the Semi-Detached Dwelling
(Unit A) to be located a minimum of 0.1 metres from the side lot line instead of a minimum
1.2 metre setback and a variance to permit a minimum of 1 parking space for the right side
(Unit B) of the Semi-Detached Dwelling instead of the minimum required 2 parking spaces.
For the left side (Unit A), it is possible to construct a driveway that adheres to the minimum
1.2 metre side yard setback. However, this would necessitate the removal of a large city
tree on Alice Avenue. For the right side (Unit B), it is possible to construct an attached
garage which combined with a driveway would provide the required 2 parking spaces.
However, reconfiguring the driveway location such that it led to an attached garage would
require the removal of at least one city tree.
While the applicant has made design considerations to protect the city trees, the proposed
driveway for the left side of the Semi-Detached Dwelling (Unit A) still falls within the 3
metre tree protection zone of a large city tree on Alice Avenue. The driveway and
proposed building are also close to a private tree on the abutting property to the south. As
such, staff have requested a Tree Preservation Plan to help ensure the driveway and
building location do not compromise the long term health of the city and private trees. This
Tree Preservation Plan will also determine whether the proposed driveway on Alice
Avenue can remain at a 3 metre width or if the width should be reduced to the minimum
2.6metresto better protect the city tree.
As noted above, there is an existing wood retaining wall located within the city boulevard
directly beside the sidewalk that appears to support the existing house, as shown in
Figures 4, 6, and 8 below. This retaining wall appears to have been constructed several
decades ago without any encroachment agreements. As such, staff have requested a
condition of approval requiring a grading plan which demonstrates the retaining wall will be
removed or relocated onto private property, and that this grading plan be implemented
through the future building permit.
Figure 2: Site Plan
Figure 3: Subject Site at Corner of Figure 4: Existing Wood Retaining
Karn Street and Alice Avenue Wall
Figure 5: Alice Avenue Streetscape Figure 6: Existing Driveway Accessed
beside Subject Site from Karn Street
Figure 7: Proposed New Driveway Figure 4: Existing House and Wood
Location on Alice Avenue Retaining Wall
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
d use designation is to support a high
quality of life while ensuring that existing and new residential areas are walkable and
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 Semi-Detached Dwelling with 3 dwelling
units in each side maintains this general intent.
Official Plan policy 4.C.1.8 states that where minor variances are requested to facilitate the
residential redevelopment, the overall impact of the variances will be reviewed to ensure,
amongst other provisions, that the proposed building is compatible with the existing built
form and neighbourhood, the lands can function properly, and any variances for reduced
front yard setbacks are similar to adjacent properties and supports and maintains the
streetscape character. To this regard, the proposed Semi-Detached Dwelling is compatible
with the existing neighbourhood and built form. The reduced front yard and exterior side
yard setbacks are generally consistent with the adjacent properties on Karn Street and
Alice Avenue as well as the other surrounding properties. The proposed off set front yard
setbacks and off set side walls combined with the retention of city trees creates a
consistent streetscape along Alice Avenue that mimics the opposite side. The proposed
2.5 metre exterior side yard setback from Karn Street is an improvement from the existing
1.5 metre setback and maintains a consistent streetscape and intersection, particularly
with the house directly opposite the subject site on the southeast corner of Karn Street and
Alice Avenue which is setback roughly 3 metres from Karn Street. The proposed 2.5 metre
exterior side yard setback is also appropriate with the reduced corner lot width, which
allows for the right side of the Semi-Detached Dwelling (Unit B) to have a building footprint
width of 7 metres.
The variances for driveway setback and reduced parking to preserve city trees also helps
ensure compatibility with the existing neighbourhood and built form. In terms of
functionality, there is sufficient space for outdoor amenity and landscaped area as well as
suitable access to transportation with the combination of vehicle parking, bicycle parking,
and proximity to public transit. Given these development design considerations, 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 the of the minimum front and side yard setbacks is to maintain a
consistent streetscape character and allow suitable space for access and drainage along
the side yards. As discussed above, the proposed staggard front yard setbacks helps
create a smooth transition from the abutting property to the south that mimics the opposite
side of Alice Avenue to create a consistent street. The requested variances for 0 metre
side yard setbacks to the shared common lot line between the Semi-Detached Dwelling is
required to facilitate these off set front yard setbacks that mimics the opposite side of Alice
Avenue. Although not technically needed at this time as both halves of the semi-detached
dwelling will be located on one (1) legal lot, the applicant is applying for other minor
variances and this variance will clarify the intent of setbacks in this location will facilitate a
future severance. At the time of severance of the semi-detached dwelling so that each half
may be dealt with independently, maintenance easements will be created in the location of
these 0 metre offset walls along the common lot line to facilitate access and maintenance
of the exterior of the wall by the adjacent unit owner. The proposed front yard setbacks
along with the proposed exterior side yard setback are also generally consistent with the
rest of the surrounding properties on Karn Street and Alice Avenue. As such, staff are
satisfied that the requested variances for reduced setbacks maintain the general intent of
the Zoning By-law.
The general intent of the minimum corner lot width is to help ensure sufficient space an
appropriately sized Semi-Detached Dwelling while maintaining a suitable exterior yard
setback. To this regard, the proposed 2.5 metre exterior side yard setback is appropriate
and the side of the Semi-Detached Dwelling on the corner lot is approximately 7 metres
wide, which is beyond the standard width of a Semi-Detached Dwelling on an interior lot
with the minimum lot width of 7.5 metres.
The general intent of the required 1.2 metre setback from a side lot line for a driveway
leading to an attached garage is to help ensure a consistent streetscape and sufficient
space for drainage and access to the rear yard. The proposed 0.1 metre driveway setback
is only required to preserve a city tree which helps contribute to a consistent streetscape
and Engineering staff have no concerns with the reduced driveway setback
impact on future drainage. As such, staff are satisfied that the requested variance for a
reduced driveway setback from the side lot line maintains the general intent of the Zoning
By-law.
The general intent of the minimum parking requirements is to ensure sufficient access to
transportation. The proposed Semi-Detached Dwelling provides a total of 3 parking spaces
to 6 dwelling units along with a weather protected area with controlled access for each half
of the Semi-Detached Dwelling for bicycle parking. The property is also a short distance
from public transit located on Westmount Road West and Victoria Street South. As such,
staff are satisfied that the reduced parking maintains the general intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
Staff are satisfied that the proposed minor variances are minor in nature. As discussed
above, the proposed setbacks and reduced lot width are consistent with the existing
neighbourhood and streetscape character and do not create adverse impacts. The
proposed reduced driveway setback and reduced parking allow for city trees to be retained
and do not create adverse impacts such as reduced access to transportation for tenants or
suitable drainage.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances are desirable for the appropriate development and use of the
land. As mentioned above, the requested variances facilitate the development of a Semi-
Detached Dwelling which contributes to the diversity of housing within the area and the
proposed variances for reduced front, interior side, and exterior side yard setbacks helps
create a consistent streetscape. The reduction in parking spaces and driveway setbacks
also helps protect existing street trees which is desirable for the appropriate development
of the land.
Environmental Planning Comments:
No natural heritage features/functions, or Tree Management Policy compliance issues if
development stays away from the southeast corner where tree in potential shared
ownership exists.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building
permit for the new semi-detached dwelling 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:
At the time of severance, cash-in-lieu of park land dedication is 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 8.44 m at a land value of $36,080.00 per frontage meter, which equals
$15,225.00. In this case, a per unit cap of $11,862.00 would have been applied if the
severance occurred at this time.
There are existing City-owned street trees located along Karn Street and Alice 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
protection of City assets prior to any demolition or building permits being issued.
Transportation Planning Comments:
The Applicant should provide a dedicated walkway to the front entrance, as the proposed
design ties the walkway into the driveway.
Transportation Services has no concerns with the function of the driveway from a vehicular
perspective.
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
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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