Loading...
HomeMy WebLinkAboutCA Agenda - 2025-08-191 KITc�ivER Committee of Adjustment Agenda Tuesday, August 19, 2025, 10:00 a. m. -12:00 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 (Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, and Ontario Regulations 197/96 and 200/96, as amended) TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on Tuesday, AUGUST 19, 2025, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants or Agents must attend in support of the application. This is a public meeting. Anyone having an interest in any of these applications may make an oral submission at the meeting or provide a written submission for Committee consideration. Please note this is a public meeting and will be livestreamed and archived at www.kitchener.ca/watchnow. The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date. Pages 1. COMMENCEMENT 2. MINUTES 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form. 4. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 None. 6. NEW BUSINESS 6.1 A 2025-071 - 99 College Street, DSD -2025-347 7 Requesting minor variances to allow an interior (northerly) side yard setback of 1.0m rather than the required 1.5m; to allow a maximum building height of 11.4m rather than the maximum permitted 11.0m; to allow the minimum street line facade openings of 17% rather than the required 20%; to allow a minimum landscaped area of 21 % rather than the required 30%; to allow a minimum rear yard landscaped area of 35% rather than the required 40%; and, to permit a driveway width of 2.8m rather than the required 3.0m, to facilitate the construction of an additional 4-uints on an existing 4 -unit multi -residential dwelling, having a total of 8 units. 6.2 A 2025-072 - 413 Zeller Drive, DSD -2025-344 26 Requesting a minor variance to allow a rear yard setback of 0.6m, rather than the required 4m to facilitate the construction of a deck. 6.3 A 2025-073 -112 Admiral Road, DSD -2025-346 36 Requesting a minor variance to allow the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of an existing single detached dwelling having a building height of 3.4m rather than maximum permitted 3m for a flat roof, measured to the peak of the roof. 6.4 A 2025-074 - 288 Forest Creek Drive, DSD -2025-334 46 Requesting a minor variance to allow a personal service use (Home Occupation) within a single detached dwelling, with one additional dwelling unit (ADU)(attached) whereas the By-law only allows a personal service use in a single detached dwelling. 6.5 A 2025-075 -15 Eby Street South, DSD -2025-332 59 Requesting minor variances to allow a mixed-use building to have a lot width of 13.1 m rather than the required 15m; and, to allow for a lot area of 225.9 sq.m. rather than the required 600 sq.m. to facilitate the use of the building for a head spa business. 6.6 A 2025-076 - 221 Sydney Street South, DSD -2025-340 72 Requesting a minor variance to allow a rear yard setback of 2.09m rather than the required 7.5m to facilitate the construction of a single storey rear yard addition. 6.7 A 2025-077 - 3 Ivy Lane Court, DSD -2025-335 78 Requesting a minor variance to allow a personal service use (Home Occupation) to continue within a single detached dwelling with one additional dwelling unit (ADU)(Attached) whereas the By-law only allows a personal service use in a single detached dwelling. Page 2 of 303 6.8 A 2025-078 - 667 Victoria Street South, DSD -2025-348 90 Requesting minor variances to allow a minimum lot width of 16.8m rather than the required 30m; to allow an easterly side yard setback of 2.5m rather than the required 4.5m; to allow balconies associated with dwelling units to project 1.9m from the westerly interior lot line to be supported by the ground, whereas the By-law does not permit the balconies to be ground supported; to allow 3 parking spaces for a multi -residential dwelling with 27 -units, whereas the By-law requires 27 parking spaces (1.0 space per dwelling unit); to allow 1 visitor parking space, whereas the By-law requires a minimum of 5 visitor parking spaces (0.15 spaces per dwelling unit); and, to have 0 parking spaces to be designed to permit the future installation of electric vehicle supply equipment, whereas the By-law requires 7 parking spaces, to facilitate the construction of a 5 storey multi -residential development containing 27 -units as per Site Plan Application SPF25/002N. 6.9 A 2025-079 & A 2025-080 - 706 Frederick Street (Unit A & B), DSD- 104 2025-330 Requesting minor variances to allow a semi-detached dwelling containing 4 -units in each, located outside (Zoning By-law) Appendix C — Central Neighbourhoods, to have a lot width of 7.62m rather than the required 10.5m. 6.10 A 2025-081 - 942 Audrey Place, DSD -2025-354 123 Requesting a minor variance to allow steps that exceed 0.6m in height to be setback of 0.3m from the northern interior lot line, rather than the required 0.75m, to facilitate the construction of an entrance to an Additional Dwelling Unit (ADU) (Attached) in the interior side yard. 6.11 A 2025-082 -133 Bloomingdale Road North, DSD -2025-337 134 Requesting a minor variance to allow an easterly side yard setback of 2.7m rather than the required 3m to facilitate the construction of a walkway and side porch on an existing single detached dwelling. 6.12 A 2025-083 - 103 Joseph Street, DSD -2025-355 145 Requesting minor variances to allow a lot area of 401.3 sq.m. rather than the required 450 sq. m.; to allow an exterior side yard abutting Richmond Avenue of 2.5m rather than the required 4.5m; to allow a westerly interior side yard setback of 0.8m rather than the required 1.5m; to allow a rear yard setback of 0.7m rather than the required 7.5m; to allow a building length of 26.2m rather than the maximum permitted 24m; and, to allow an accessory structure (bike locker) to be located in the front yard or exterior side yard, whereas the By-law does not permit an accessory structure in either location, to facilitate the conversion of a 6 -unit multi - residential dwelling, into a 10 -unit multi -residential dwelling. 159 Page 3 of 303 6.13 A 2025-084 - 27 Turner Avenue, DSD -2025-349 Requesting minor variances to allow a 2 -storey 10 -unit multi -residential dwelling on a lot having a width of 17.9m rather than the required 19m; to allow a multi -residential dwelling to have a westerly interior side yard setback of 1.2m rather than the required 3m; to allow a multi -residential dwelling to have a front yard setback of 4.5m rather than the required 9.5m; to allow 10 off-street parking spaces (1 space/per dwelling unit) rather than the required 12 off-street parking spaces; and, to allow a parking setback of 1.2m from the westerly side lot line rather than the required 1.5m, to facilitate the conversion of an existing 2 -storey triplex to a 2 -storey multi -residential dwelling containing 10 -units. 6.14 A 2025-085 - 236 Guelph Street, DSD -2025-345 173 Requesting minor variances to allow an existing single detached dwelling to have a westerly interior side yard setback of 1.1 m rather than the required 1.2m; and to allow an existing rear yard setback of 5.7m rather than the required 7.5m to facilitate the conversion of a single detached dwelling into a single detached dwelling with two Additional Dwelling Units (ADU)(attached) commonly referred to as a triplex. 6.15 A 2025-086 - 250 Mill Street, DSD -2025-351 183 Requesting a minor variance to allow a "Towing Compound" as a permitted use in the `High Rise Growth Zone (Limited) (SGA -3)' within a High -Rise Growth Zone, whereas the By-law does not allow this use the `High Rise Growth Zone (Limited) (SGA -3)' within a High -Rise Growth Zone. 6.16 A 2025-087 - 980 & 1018 Hidden Valley Road, DSD -2025-336 194 Requesting minor variances to allow a model home in a Draft Approved Plan of Vacant Condominium instead of a Draft Approved Plan of Subdivision; and, to allow an exterior side yard setback abutting Hidden Valley Road for units 1 and 26 within the Draft Approved Plan of Vacant Condominium to be 4m rather than the required 6m, to facilitate the development of 3 model homes in Draft Approved Plan of Vacant Condominium 30CDM-23204. 6.17 A 2025-088 - 670 King Street West, DSD -2025-339 204 Requesting minor variances to allow a minimum lot area of 975 sq.m. rather than the required 1,500 sq.m.; to allow an exterior side yard abutting Louisa Street of Om rather than the required 3m; to allow an easterly interior side yard setback along a private laneway of 1.5m rather than the required 3m; to allow a front yard setback of 2m along King Street West for storeys 7 rather than the required 6m; to allow an exterior side yard setback abutting Louisa Street of 2m for storeys 7 rather than the required 6m; to allow a rear yard setback of 5m for storeys 7 and above rather than the required 6m; and, a minimum interior side yard Page 4 of 303 setback of 3m along a private laneway for storeys 7 and above rather than the required 6m to facilitate the construction of an 8 -storey mixed used building approved in principle through Site Plan Application S P F25/004/K. 6.18 B 2024-039 and B 2024-040 -120 Keewatin Avenue (Amended), DSD- 221 2025-342 Requesting consent to sever a parcel of land (identified as Parcel A on the plan submitted with the application) having a width of 7.5m, a depth of 30.5m and an area of 225 sq.m., permission is also being requested to grant an easement in the front yard along the newly created property line, having a width of 1.5m, a depth of 2.9m and an area of 4.3 sq.m. in favour of the severed land for maintenance purposes. Consent is also requested to grant an easement in the rear yard of the retained land (identified as Parcel B on the plan submitted with the application), having a width of 1.5m, a depth of 2.9m and an area of 4.3 sq.m. in favour of the severed land for maintenance purposes. The parcels are proposed to be developed with semi-detached dwellings with each half to be able to be dealt with separately. 6.19 B 2025-022 - 825 Stirling Avenue South, DSD -2025-328 243 Requesting consent to sever a parcel so each half can be dealt with separately. The land to be severed will have a width of 7.62m, a depth of 45.73m and an area of 348.6 sq. m. The retained land will have a width of 7.62m, a depth of 45.73m and an area of 348.6 sq. m. The properties will be constructed with semi-detached dwellings, each containing 4 units. 6.20 B 2025-023 - 220 Heiman Street, DSD -2025-329 264 Requesting consent to sever a parcel so each half can be dealt with separately. The land to be severed will have a width of 7.62m, a depth of 42.67m and an area of 352.2 sq. m. The retained land will have a width of 7.62m, a depth of 42.67m and an area of 352.2 sq. m. (4306.102 sq. ft.). The properties will be constructed with semi-detached dwellings, each containing 4 units. 6.21 B 2025-024 & B 2025-025 -17 Downey Street, DSD -2025-343 284 Requesting consent to sever a parcel of land having a width of 7.93m, a depth of 32m and an area of 252.4 sq.m. and permission is also being requested to grant an easement in the rear yard along the new created property line, having a width of 1.5m, a depth of 2.26m and an area of 3.4 sq.m. in favour of the severed land for maintenance purposes. Consent is also requested to grant an easement in the front yard of the retained land, having a width of 1.5m, a depth of 2.7m and an area of 4.1 sq.m. in favour of the severed land for maintenance purposes. The parcels are proposed to be developed with semi-detached dwellings with Page 5 of 303 each half to be able to be dealt with separately. 7. ADJOURNMENT 8. PLANNING ACT INFORMATION • Additional information is available at the Legislated Services Department, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener 519-741-2203 or by emailing CofA(a)-kitchener.ca. • Copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca/meetings in the online Council and Committee calendar; see the meeting date for more details. • Anyone having an interest in any of these applications may attend this meeting. • Only the Applicant, Minister, specified person (as defined in Section 1 of the Planning Act) or public body that has an interest in the matter has the right to appeal of decisions of the Committee of Adjustment. These parties must make written submissions to the Committee prior to the Committee granting or refusing Provisional Consent otherwise, the Ontario Land Tribunal (OLT) may dismiss the appeal. Any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Marilyn Mills at marilyn.mills(a)kitchener.ca. If you wish to be notified of a decision, you must make a written request to the Secretary -Treasurer, Committee of Adjustment, Kitchener City Hall, 200 King St. W., Kitchener ON, N2G 4G7. The Notice of Hearing for this meeting was published in the Record on the 1st day of August, 2025. Marilyn Mills Secretary -Treasurer Committee of Adjustment Page 6 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Andrew Pinnell, Senior Planner, 519-783-8915 WARD INVOLVED: 10 DATE OF REPORT: August 6, 2025 REPORT NO.: DSD -2025-347 SUBJECT: Minor Variance Application A2025-071 - 99 College Street RECOMMENDATION: That Minor Variance Application A2025-071 for 99 College Street requesting relief from the following Sections of Zoning By-law 2019-051: i) Sections 4.12.4 d) and 5.3 e) iv) to permit a driveway width of 2.8 metres instead of the minimum required 3 metres; ii) Sections 6.3.2 and 4.12.4 a), Table 6-3, to permit street line fagade openings of 17% instead of the minimum required 20%; iii) Section 6.3.2, Table 6-3, to permit an interior side yard setback A (northeast) of 1 metres instead of the minimum required 1.5 metres; iv) Section 6.3.2, Table 6-3, to permit a building height of 11.4 metres instead of the maximum permitted 11 metres; v) Section 6.3.2, Table 6-3, to permit a landscaped area of 21% instead of the minimum required 30%; and vi) Section 6.3.2, Table 6-3, to permit a rear yard landscaped area of 35% instead of the minimum required 40%; to facilitate the construction of a rear yard addition to add four (4) new dwelling units to the existing four (4) unit building, resulting in an eight (8) unit multiple dwelling, generally in accordance with Attachment A — Site Plan, prepared by Facet Design Studio, dated June 17, 2025, BE APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 7 of 303 2. That the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: "Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of- way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units." REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of an application for Minor Variance to facilitate the construction of a rear yard addition to add four new dwelling units to the existing four -dwelling -unit building, resulting in an eight -dwelling -unit multiple dwelling. • 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. 0 Figure 1 — Subject Property (outlined in red) in context of surrounding neighbourhood Page 8 of 303 BACKGROUND: The subject property is located on the east side of College Street, between Weber Street West and Ahrens Street West, in the Civic Centre Planning Community. The property contains a building that is currently used as a Single Detached Dwelling with three Additional Dwelling Units (ADUs)(Attached) (four (4) dwelling units total). The dwelling was constructed in approximately 1913. The immediately surrounding area is comprised primarily of low-rise residential land uses, though a high-rise residential land use is located three properties to the north. The subject property is identified as `Protected Major Transit Station Area' on Map 2 — Urban Structure of the Official Plan and is designated `Strategic Growth Area A' on Map 3 — Land Use. The property is zoned `Strategic Growth Area One Zone (SGA -1)' in Zoning By-law 2019-051. It should also be noted that the subject property is located within the Civic Centre Neighbourhood Heritage Conservation District. Accordingly, the property is designated under Part V of the Ontario Heritage Act. Heritage Permit Application HPA-2024-V-015 was approved by City Council and was issued on September 5, 2024. As such, City Heritage Planning staff does not have any comments or concerns with the subject application. The property was the subject of a Minor Variance Application in 2019 to allow a "multiple residential dwelling (4 -units) on a lot having a width of 13.41 metres rather than the required 15 metres; and an existing easterly side yard setback of 1.05 metres rather than the required 1.2 metres." The application was approved, subject to conditions that were fulfilled, including that the owner obtain Site Plan Approval. Development and Housing Approvals staff visited the site on May 27, 2025. Page 9 of 303 Figure 2 — Photo of Subject Property The purpose of the subject application is to facilitate the construction of a rear yard addition to add four (4) new dwelling units to the existing four (4) unit residential building, resulting in an eight (8) unit multiple dwelling. In this regard, the application requests six variances: i. Relief from Sections 4.12.4 d) and 5.3 e) iv) to permit a driveway width of 2.8 metres instead of the minimum required 3.0 metres; ii. Relief from Sections 6.3.2 and 4.12.4 a), Table 6-3, to permit street line facade openings of 17% instead of the minimum required 20%; iii. Relief from Section 6.3.2, Table 6-3, to permit an interior side yard setback A (northeast) of 1.0 metres instead of the minimum required 1.5 metres; iv. Relief from Section 6.3.2, Table 6-3, to permit a building height of 11.4 metres instead of the maximum permitted 11.0 metres; V. Relief from Section 6.3.2, Table 6-3, to permit a landscaped area of 21% instead of the minimum required 30%; vi. Relief from Section 6.3.2, Table 6-3, to permit a rear yard landscaped area of 35% instead of the minimum required 40%. Page 10 of 303 Figure 3 — Proposed site plan drawing, showing the existing building (right) and proposed rear yard addition (left). Proposed Existing Addition wilding 1ovoFFxaoo� '^ t- 34•. a Ira° UIS GEUNO 01)12Md 6 Figure 1 I�_ 19'434" _ — _ _ — _ — m u F _Pfl� FLOOR F.F. n 19'.431x" 1 SEX 9 - I N 14.56 I r I yp I P.� 3,10 156 cP] N_ 5.1 m 3� GROUND FLOOR FF. rj 4W GROUND FLOOR FF n C. GRADE NEW BASEMENT F.F. 1 l y I I I I 1 I NFDE O -3'-41l� NEW 9ASEMENT F.F. 9' -2114" Ex BASEMENT �y FR_�___ - I ___ _ ._��. I I I I I I I _�I_______—___--_____—_L_—_ _ _—_-{___----------- _ __ _ —_ __— _� -9'- 2 114" Ex. BASEMENT PH 11 „ 3171 £' Z Figure 3 — Proposed site plan drawing, showing the existing building (right) and proposed rear yard addition (left). Proposed Existing Addition wilding 1ovoFFxaoo� '^ t- 34•. a Ira° UIS GEUNO 01)12Md 6 Figure 1 I�_ 19'434" _ — _ _ — _ — _Pfl� FLOOR F.F. n 19'.431x" 1 SEX 9 - y 9 b (VA F.F. _ 2NHD FLDOR F. n cP] .. E% E% GROUND FLOOR FF. 4W GROUND FLOOR FF n C. GRADE NEW BASEMENT F.F. 1 l y I I I I 1 I NFDE O -3'-41l� NEW 9ASEMENT F.F. 9' -2114" Ex BASEMENT �y FR_�___ - I ___ _ ._��. I I I I I I I _�I_______—___--_____—_L_—_ _ _—_-{___----------- _ __ _ —_ __— _� -9'- 2 114" Ex. BASEMENT Figure 4 — Proposed east elevation drawing, showing the existing building (right) and proposed rear yard addition (left). Page 11 of 303 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 Official Plan contains several policies that are relevant to the subject application, for example: 4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood and will have regard to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report and Urban Design Scorecard ... c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site... 13.C.8.4. All parking areas or facilities will be designed, constructed and maintained:... b) for the safe and efficient movement of all users, on the site, and at points of ingress and egress related to the site; 15.D.2.55. The Strategic Growth Area A land use designation will accommodate a range of low and medium density residential housing types including Page 12 of 303 those permitted in the Low Rise Residential and Medium Rise Residential land use designation. The requested variances would facilitate the construction of an addition within the rear yard, behind an existing building that was built in approximately 1913. While a variance is sought for building height, the proposed addition is the same height as the existing building. Also, while relief is sought for both required minimum rear yard and required minimum overall landscaped area, it should be noted that the amount of landscaping on the lot is actually increasing from the percentage of landscaping that currently exists (see below). Lastly, Transportation Services has advised that it has no concerns with the requested relief from the required driveway. In this regard, Development and Housing Approvals (DHA) staff is of the opinion that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Variance i.- The sThe applicant is requesting a 2.8 -metre -wide driveway, whereas the zoning requires a minimum 3.0 -metre -wide driveway. However, it should be noted that the slight reduction to the driveway width would allow a 1.1 -metre -wide unobstructed walkway to be constructed between the driveway and the building, to allow safe access from the municipal sidewalk and the entrances to the dwelling units. Currently, some existing dwelling units are accessed directly off the driveway, without the safety of a walkway. Variance ii: The applicant is requesting to permit street line fagade openings of 17%, whereas a minimum of 20% is required. However, it should be noted that the College Street fagade, to which this requirement applies, is an existing fagade. No changes the openings within this approximately 112 -year-old building are proposed. Essentially, the requested variance would legalize the existing fagade. Variance iii: The applicant is requesting an interior side yard setback A (northeast) of 1 metres, whereas a minimum of 1.5 metres is required. However, it should be noted that it is the existing approximately 112 -year-old building that requires relief down to 1 metre; the proposed addition is set back 1.22 metres, which would still require relief on its own, though less relief than the existing building (0.28 metres). In this regard, it should be considered that a portion of the relief represents a legalization of the existing building. Variance iv: The applicant is requesting a building height of 11.4 metres, whereas a maximum of 11.0 metres is permitted. However, it should be noted that the existing building has a legal non- complying height of 11.4 metres. The proposed addition continues the roofline, resulting in a consistent building height. Relief is required for the existing building since gross floor area is being added, as well as for the proposed addition, though the former relief should be considered similar to a legalization of the height. Page 13 of 303 Variances v and vi.- The i:The applicant is requesting a landscaped area of 21%, whereas a minimum of 30% is required; and a rear yard landscaped area of 35%, whereas a minimum of 40% is required. As noted above, the amount of landscaping on the lot is actually increasing from the percentages of landscaping that currently exist, both overall and within the rear yard. For example, the rear yard is currently almost entirely paved and used for parking with an estimated 20% landscaped area (approx. 74 square metres. / 374 square metres). Even with the construction of the proposed addition the amount of landscaping would be increased to 35% and by 21 square metres (approx. 95.1 square metres / 260 square metres). In this regard, Development and Housing Approvals (DHA) staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Are the Effects of the Variances Minor? DHA staff is of the opinion that the requested variances are minor in that they are not anticipated to cause unacceptably adverse impacts on adjacent properties. Are the Variances Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? DHA staff is of the opinion that the proposal is justified and will facilitate gentle residential intensification, in the form of a rear yard addition that would add an additional eight dwelling units to the existing four unit residential building. The Official Plan designation and zoning permit the proposed use. Several requested variances would essentially legalize an existing condition or improve the current condition, while adding much needed housing. Environmental Planning Comments: No Natural Heritage Conservation. Trees limited to property line, possible shared ownership, however, no issues as addition/external construction limited to addition to the rear of existing building. No Tree Management Policy compliance issues. Heritage Planning Comments: The property municipally addressed as 99 College Street is designated under Part V of the Ontario Heritage Act. Heritage Permit Application HPA-2024-V-015 has been approved by Council and was issued on September 5, 2024. As such, staff have no comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the addition to the existing building. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: Parkland dedication is not required for this application as it will be charged to the Applicant during the Building Permit Process. Parkland dedication of $15,320.00 will be required for the 4 units. Parkland Dedication was charged at Building Permit #23 102776 and is still outstanding. Page 14 of 303 Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority Comments: No objections. Page 15 of 303 Metrolinx Comments: :0i M ETRO LI NX BY EMAIL ONLY TO: Kitchener Committee of Adjustment 200 King Street W, Kitchener, ON i 4G7 DATE: August 8th, 2025 RE: Adjacent Development Review: A-2025-071 99 College Street, Kitchener, ON Minor Variance Dear Committee of Adjustment, Metrolinx is in receipt ofthe Minor Variance application for 99 College Street, Kitchener to construct a three-storey residential addition for the purposes of adding 4 dwelling units on site, as circulated on July 25`h, 2025, and to be heard at Public Hearing on August 1911, 2025. Metrolinx's comments on the subject application are noted below: The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. GO/HEAVY-RAIL- CONDITIONS OF APPROVAL • Asper section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title ofthe subject property. A copy ofthe form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrol'inx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres ofthe Railway Corridor: o Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised thatthere may be alterations to or expansions ofthe rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design ofthe development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Jenna Auger Project Analyst, Adjacent Construction Review Metrolinx 20 Bay Street I Toronto I Ontario I i 2W3 :00i METROLINX 1 1 Page 16 of 303 Adjacent Development Review: A-2025-071 99 College Street, Kitchener, ON Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"Y IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement !Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night (provided that doing so is not contrary to law applicable to Metrolinx) with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations. THIS Easement and all rights and obligations arising from the above easement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of a party hereto, if such party comprises more than one person, shall be joint and several. Easement in gross. Page 17 of 303 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 • Official Plan (2014) • Zoning By-law 2019-051 • Report DSD -19-148 — Minor Variance Application A2019-053 — 99 College Street • Approval Letter re Stamp Plan `B' Site Plan Application SP19/078/C/TS, dated December 16, 2019 • Heritage Permit Application HPA-2024-V-015 (approved by City Council and issued on September 5, 2024) ATTACHMENTS: Attachment A — Site Plan, prepared by Facet Design Studio, dated June 17, 2025 Page 18 of 303 Attachment A - Site Plan, prepared by Facet Design Studio, dated June 17, 2025 Page 19 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 20 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 21 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 22 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 23 of 303 � METROLINX BY EMAIL ONLY TO: Kitchener Committee of Adjustment 200 King Street W, Kitchener, ON N2G 4G7 DATE: August 81h, 2025 RE: Adjacent Development Review: A-2025-071 99 College Street, Kitchener, ON Minor Variance Dear Committee of Adjustment, Metrolinx is in receipt of the Minor Variance application for 99 College Street, Kitchener to construct a three-storey residential addition for the purposes of adding 4 dwelling units on site, as circulated on July 25th, 2025, and to be heard at Public Hearing on August 19th, 2025. Metrolinx's comments on the subject application are noted below: • The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. GO/HEAVY-RAIL - CONDITIONS OF APPROVAL • As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: o Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Jenna Auger Project Analyst, Adjacent Construction Review Metrolinx 20 Bay Street I Toronto I Ontario I M5J 2W3 :X-- METROLINX Page 24 of 303 Adjacent Development Review: A-2025-071 99 College Street, Kitchener, ON Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"). IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night (provided that doing so is not contrary to law applicable to Metrolinx) with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations. THIS Easement and all rights and obligations arising from the above easement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of a party hereto, if such party comprises more than one person, shall be joint and several. Easement in gross. Page 25 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 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 2 DATE OF REPORT: August 6, 2025 REPORT NO.: DSD -2025-344 SUBJECT: Minor Variance Application A2025-072 — 413 Zeller Drive RECOMMENDATION: That Minor Variance Application A2025-072 for 413 Zeller Drive requesting relief from Section 4.14.4 b) ii) of Zoning By-law 2019-051, to permit a rear yard deck, greater than 0.6 metres in height above grade, to be located 0.6 metres from the rear lot line instead of the minimum required 4 metres, provided that the deck is setback 2.5 metres from the northern side lot line to avoid encroachment on an existing easement, generally in accordance with drawings prepared by the applicant, BE APPROVED, subject to the following condition: That the Owner shall submit a Construction Plan prior to a Building Permit Application to indicate how the deck will be constructed, including how the property will be accessed, how the existing grade will be maintained, and how the Natural Conservation Lands will be protected from any encroachment or sedimentation during construction. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of a Minor Variance application for relief from rear yard setbacks requirements for a deck that exceeds 0.6 metres in height • The key finding of this report is that the application meets 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 26 of 303 • This report supports the delivery of core services. BACKGROUND: The subject property is located on the southern side of Zeller Drive between Bridgemill Crescent and Zeller Crescent, in the Grand River South Planning Community. The property currently contains a Duplex dwelling. The lands surrounding the subject property are comprised of low rise single detached dwellings. Figure 1: Location Map 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 property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019- 051. The purpose of the application is to request relief from the required rear yard setback, allowing a deck, exceeding 0.6 metres in height above grade, to be located 0.6 metres from the rear lot line instead of the required 4 metres. Relief is necessary due to the downward slope of the rear yard, which causes the deck to exceed 0.6 metres in height in order to align with the existing grade of the amenity area. The deck is intended as an extension of the existing concrete patio. The subject property abuts City owned Natural Conservation Lands to the rear. Staff are requesting that a Construction Plan be provided prior to an application for Building Permit. The Plan should outline how the deck will be constructed, including how the rear yard will be accessed, how the existing grade of the lands will be maintained, and how the Natural Conservation Lands will be protected from any encroachment or sedimentation during construction. It should also be noted that there is a 5 metre Storm Water Utility easement centred on the northern interior side lot line. Therefore, any and all structures must be setback a minimum of 2.5 metres from the interior lot line. Any development or structures located within this easement may be subject to removal at the property owner's expense. Page 27 of 303 Figure 2: Proposed Site Plan p, BECK FNCNT EAl1TION NOTE tHi9 FNx9EPT01FFE-ELEVFTIM'90lfETOgUGI-CEE Figure 3: Proposed Deck Elevation Staff completed a site visit on August 1 st, 2025. Figure 4: 413 Zeller Drive Streetview Figure 5: Proposed Rear Deck Location Page 28 of 303 PROPERTY LINE 3-2 3297] 73. Img EXISTING HOUSE 4413 oA GARAGE DRIVEWAY �seai _ roN �N PROPERTY LINE Figure 2: Proposed Site Plan p, BECK FNCNT EAl1TION NOTE tHi9 FNx9EPT01FFE-ELEVFTIM'90lfETOgUGI-CEE Figure 3: Proposed Deck Elevation Staff completed a site visit on August 1 st, 2025. Figure 4: 413 Zeller Drive Streetview Figure 5: Proposed Rear Deck Location Page 28 of 303 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 subject property is designated `Low Rise Residential' in 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 single detached dwelling use. The proposed deck in the rear yard will be an extension of the existing concrete patio and will provide additional functional outdoor amenity area. Therefore, Planning Staff are of the opinion that the requested variance maintains the general intent of the Official Plan. General Intent of the Zonina By-law The intent of the rear yard setback regulation for a deck that exceeds 0.6 metres in height is to ensure adequate sight lines, minimize negative visual impacts of structures, and preserve the privacy of neighbouring properties. Due to the downward slope of the rear yard toward the rear lot line, the deck must exceed 0.6 metres in height in order to align with the existing grade of the current amenity area. The proposed deck is modest in scale and design, with piers that do not create a negative impact and do not create a significant massing effect as per the elevation drawing (Figure 3). No significant privacy concerns are anticipated as the subject property abuts Lackner Woods, a Natural Conservation area, to the rear. Therefore, Planning Staff are of the opinion that the requested variance maintains the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposed reduced rear yard setback of the deck is not anticipated to have any significant or adverse impacts on the neighbouring properties. A Construction Plan is being requested to ensure there are no adverse impacts on the Natural Conservation Lands during construction. Therefore, Planning Staff are of the opinion that the effects of the requested variance are minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed deck will provide a functional outdoor amenity space that is compatible with the residential character of the neighbourhood, as multiple neighbouring dwellings also feature raised decks of a similar scale and design in the rear yard. Therefore, Planning Staff are of the opinion that the requested variance is desirable and appropriate for the development of the lands. Page 29 of 303 Environmental Planning Comments: The subject property abuts a Natural Conservation Area, and it should be confirmed that the work can be completed with no encroachment or sedimentation on City land, and no changes to the existing grade. There is a stormwater catch basin near the eastern corner of the property, but no drainage issues are anticipated. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the deck is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: There is a 5 metre wide easement centered on the north property line. Therefore, nothing permanent (with footings) can be within this easement. The deck is proposed to be 2.36 metres from the property line so this must be adjusted to be outside of the 2.5 metre easement. Parks Planning Comments: There is an existing City -owned street tree within the right-of-way on Zeller Drive. 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. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. Tree Protection and Enhancement 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: Transportation Services have no concerns with this application. 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 Page 30 of 303 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 Page 31 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 32 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 33 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 34 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 35 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician, 519-783-8944 WARD(S) INVOLVED: 9 DATE OF REPORT: August 11, 2025 REPORT NO.: DSD -2025-346 SUBJECT: Minor Variance Application A2025-073 —112 Admiral Road RECOMMENDATION: That Minor Variance Application A2025-073 for 112 Admiral Road requesting relief from Section 4.12.3 h) iii) of Zoning By-law 2019-051 to permit a building height of 3.4 metres instead of the maximum permitted 3 metres for a flat roof, measured to the peak of the roof, to facilitate the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of an existing Single Detached Dwelling, BE DEFERRED to the October 21, 2025, meeting or sooner, To allow the Applicant time to prepare an Arborist's Report documenting impacts and mitigation measures to prevent harm to four trees along the shared rear property line at/in Hearth Green, to the satisfaction of the Manager, Site Plans as the location of the proposed ADU in the southwest corner of the lot will impact these City trees. The City's Public Tree Bylaw (Property Maintenance Chapter 690) prohibits harm to City trees. If the ADU can be located outside of the trees' driplines (which indicate the Tree Root Protection zones), and protective fencing agreed to, an Arborist's Report will not be required. REPORT HIGHLIGHTS: The purpose of this report is to review a Minor Variance Application to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. The key finding of this report is that the requested Minor Variance requires further review into the impact of the proposed structure on trees that are shared with the City along the rear lot line. There are no financial implications. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 36 of 303 • 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. BACKGROUND: The subject property is located on the southwest side of Admiral Road and there is a City walkway to the right side of the property and Hearth Green is located along the rear lot line. P Figure 1 - Aerial photo The 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. It is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. The purpose of the application is to permit the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. There is one unit existing in the primary building which results in a total of 2 dwelling units on the 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: Page 37 of 303 General Intent of the Official Plan The property is designated as `Low Rise Residential.' The intent of the land use designation is to encourage residential intensification and/or redevelopment which includes additional dwelling units to respond to changing housing needs and as a cost- effective means to reduce infrastructure and service costs by minimizing land consumption and making better use of existing community infrastructure. The variance meets the general intent of the Official Plan. k Figure 2 - Streetview of subject property General Intent of the Zoning By-law The intent of the building height regulation is to ensure that detached ADUs are not as prominent as the primary building and do not dominate or negatively impact the rear yard and abutting properties. The proposed structure is a prefabricated building, and the building height cannot be changed. The variance of 0.4 metre is minimal and meets the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The small increase in height will not impact abutting residential properties. Also, as shown in the drawing below, not all the building height is to be 3.4 metres. A portion of the structure is less than 3 metres. Considering this, and that the variance is for 0.4 metres, Page 38 of 303 staff are of the opinion that the increase in building height is not onerous and can be considered minor. a � y d 'i } l Z� f A, - !Q , 3y � h rcrc pp yyyy���� ss 33 Figure 3 — Proposed Site Plan FEARELEJArM. ANEA9F ETTG!®NAQIN6lA'.E-M.N EtYi Eaya'�}eaeEn �y ar W ATEA 19i sor ni.ea xa ` �$iOfGIM1! I I � � 9 as,�..�� o.,a .. >Frmaoiuuuwu ®oral Figure 4 — Proposed Elevations Page 39 of 303 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Parks Planning staff have advised that there are shared trees along the rear property line with the City where the subject property abuts Hearth Green (adjacent to Butler Lane). The City's Public Tree Bylaw (Property Maintenance Chapter 690) prohibits harm to City trees. As the proposed location of the structure will impact the City trees, staff are requesting an Arborist report that will document impacts and mitigation measures to prevent harm to the trees. Consequently, staff are recommending deferral to review an Arborist report and determine exact impact of the structure on City trees. It is noted that if the applicant can relocate the Detached ADU, and not require additional variances, outside of the trees' driplines (which indicate the Tree Root Protection zones) and protective fencing agreed to, and then an Arborist's Report would not be required. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the detached ADU is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Admiral Road as well as four trees along the shared rear property line at/in Hearth Green. The location of the proposed ADU in the southwest corner of the lot will impact these City trees. The City's Public Tree Bylaw (Property Maintenance Chapter 690) prohibits harm to City trees. We are requesting the reconsideration of the location of the ADU, as well as an Arborist's Report documenting impacts and mitigation measures to prevent harm to these trees. If the ADU can be located outside of the trees' driplines (which indicate the Tree Root Protection zones), and protective fencing agreed to, an Arborist's Report will not be required. It is required that all City -owned tree assets will be fully protected to City standards throughout demolition and construction. This also applies to the City street tree at the front of the lot where construction access may impact that tree. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. Tree Protection and Enhancement 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: Transportation Services have no concerns with this application. Page 40 of 303 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 • Official Plan (2014) • Zoning By-law 2019-051 Page 41 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 42 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 43 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 44 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 45 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: July 30, 2025 REPORT NO.: DSD -2025-334 SUBJECT: Minor Variance Application A2025-074 288 Forest Creek Drive RECOMMENDATION: That Minor Variance Application A2025-074 for 288 Forest Creek Drive requesting relief from Section 4.7.2, Table 4-2, of Zoning By-law 2019-51 to permit a Personal Services Use as a Home Occupation in a Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached) (Duplex), whereas a Personal Services as a Home Occupation is only permitted in a Single Detached Dwelling, to facilitate the addition of a personal service home occupation in a an existing duplex in accordance with drawings prepared by Pawandeep Grewal, submitted with application Minor Variance Application A2025-074 and finalized on July 18, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance to permit a home occupation (Personal Service)s to be in a Single Detached dwelling with an Additional Dwelling Unit (AD U)(Attached), a Duplex. • The key finding of this report is that the requested Minor Variance meets 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 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 46 of 303 BACKGROUND: The subject property is located in the Doon Pioneer Park Neighbourhood north of Robert Ferrie Drive on Forest Creek Drive. 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 property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019- 051. Figure 1: Location Map Page 47 of 303 41 STEEP GN TAN 10 Rt ti LILA_( I -.A ],61 24q 25S 26ft ]56 160 TE9 OSR 1 ]64 224 T.I s - ZER ]35 .3KS-] . 24f. 292 264 1Y] ..119 2B9 .. 112 DINSN S�JIJT! --- )1] t60 _ (Oe 969 9v1t ._-_ 215 R�5.7 9,i 595 ItA IN IO] 196 FOkE.S]iHEi.K TRT3v i1) $ 14T 1K� P99 f41 � 909 MwVaXeY3�5NP 111 515 0 965 151 195 196 905 961 5]3 4 ,I _ 139 I -1tl_ 191 5]1 i61 187 1i E RILtI,I PPP.. ➢?] 6tf 1855 —ill 14 53 59T 1]5 —'13P� _ Y ]e 1y RES3 .- bt SOI y� t1 `116 -ti6i 1) 65 853189 .1 C )n a 69 73 1511 ]S 6t b j. - . ` , _ +e iRp1E_ 2 11)4 Figure 2: Zoning Map The purpose of this application is to permit a `Personal Services' use for women's personal care as a home occupation. The house was constructed under building permit number 17 125890 and received final inspection approval in 2020. In 2023, a building permit was issued to finish the basement and add an attached Additional Dwelling Unit. The homeowner has recently inquired about establishing a personal service business within the home. However, the Zoning By-law does not permit a home occupation when an additional dwelling unit is present. The proposed business will be operated solely by the homeowner, without non-resident employees, and will therefore require one parking space. The property provides three designated parking spaces as per Figure 3- one inside the garage and two on the driveway, which will accommodate the parking requirements for the Primary Dwelling, the Additional Dwelling Unit, and the Home Occupation. Based on the drawings provided by the owner, the home occupation will be located on the front portion of the ground floor, in a room about 12 square metres in size. Page 48 of 303 J !aWN e 45,288 }' EX18T1N329TOREY _ j CMELLM UWT a� - '1 — — �- ` MW _ PYaWC1rtY lw�RTAtTIi Rl •� � -- �� y�id�am�w dwm.�w, s« ...� �• Figure 3: Site plan drawing of the subject property showing 3 parking spaces Figure 4: The main floor plan of the principal dwelling house showing the location of the proposed home occupation Page 49 of 303 Staff visited the site on July 31, 2025. Figure 5: An image of the Front of the Single Detached Dwelling with one ADU (attached) showing the Garage and the Driveway Page 50 of 303 Figure 6: An Image of the Side Yard of the Dwelling that Leads to the Access of the ADU in the Rear Portion of the House 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 property is designated as Low Rise Residential, which places emphasis on compatibility of building form with respect to massing, scale, and design to support the successful integration of different housing types. It also emphasizes the relationship of housing to adjacent buildings, streets, and exterior areas. The existing use as a Single Detached Dwelling with an Additional Dwelling Unit (ADU)(Attached) is permitted. The addition of an accessory home business is in keeping with the intent of the residential designation. The massing and scale of the building are not changing. Therefore, the proposed variance meets the general intent of the Official Plan. Page 51 of 303 General Intent of the Zoning By-law The intent of the regulation to prohibit a personal service home business in a dwelling with two units is to ensure that a home business does not negatively impact any other occupants in the building. As noted in the Background section above, the home occupation is limited to one room on the ground floor. The applicant states that the owner "tenant" is the only person working, with no non-resident working with one client at any given time. The site accommodates 3 parking spaces for the primary dwelling, the additional dwelling unit, and the home occupation; therefore, parking regulations are met. Staff are of the opinion that there will be no impact on the resident(s) in the second dwelling unit. The requested variance meets the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The area proposed for the home occupation is limited to a single room with a total area of 12 square metres, which represents a small portion of the overall building floor area of approximately 170 square metres, as shown in Figure 3. As noted above, the personal service use will have minimal impacts, with only one client being served at a time. In staff's opinion, the effects of the variance are considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable for the appropriate development and use of the residential building on the subject property, as it will allow for a suitable home-based business to operate within a building containing two dwelling units. Allowing this type of small-scale personal service use can benefit the local community by contributing to a complete and walkable neighbourhood, offering additional services within a residential area while maintaining its character. In staff's opinion, the proposed use is appropriate, compatible with the residential nature of the property, and supportive of broader planning objectives that promote mixed-use and complete communities. Environmental Planning Comments: No concerns as there is no site development and a change in use only. There are lands zoned `Natural Conservation Zone (NHC-1)' to the rear of the property. 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 home business is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Forest Creek Drive. 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, as required. No revisions to the existing driveway or boulevard apron will be permitted Page 52 of 303 without Forestry approval. Tree Protection and Enhancement 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. 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 • Official Plan (2014) • Zoning By-law 2019-051 Page 53 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 54 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 55 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 56 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 57 of 303 August 12, 2025 RE: A 2025-074 - 288 Forest Creek Drive Dear Committee of Adjustment, I am a resident of Forest Creek and am writing regarding Minor Variance Application 2025-074 for 288 Forest Creek Drive. As stated in the application, the property contains an Additional Dwelling Unit (ADU) with tenants who already park on the street. Given the limited on -street parking available in the area and the narrowness of the street, the current parking demand places considerable pressure on residents and visitors. Allowing a customer -facing personal service business at this location may increase vehicle traffic and exacerbate existing parking challenges. Increased parking congestion could affect accessibility for residents and may also raise safety concerns for pedestrians and drivers alike. While I support local businesses, I respectfully urge the Committee to carefully weigh these potential impacts when making their decision to ensure the continued safety and convenience of the neighbourhood. Thank you for considering my comments. Sincerely, A Resident of Forest Creek Saira K. Page 58 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 30, 2025 REPORT NO.: DSD -2025-332 SUBJECT: Minor Variance Application A2025-075 —15 Eby Street South RECOMMENDATION: That Minor Variance Application A2025-075 for 15 Eby Street South, requesting relief from Section 6.3.2, Table 6-3, of Zoning By-law 2019-51 to permit: i) a lot width of 13.1 metres instead of the minimum required 15 metres; and ii) a lot area of 225.9 square metres instead of the minimum required 600 square metres to facilitate the conversion of the ground floor Residential Use to a Personal Services Use, in accordance with Conditionally Approved Site Plan Application SPB25/046/AA, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review minor variances to allow the conversion of the ground floor residential use to a personal service use in the existing building on the subject property • The key finding of this report is that the requested minor variances meet 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 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 59 of 303 BACKGROUND: The subject property is located in the city commercial core between King Street East and Charles Street East, to the west of Cedar Street North. It currently contains a Single Detached Dwelling with two Additional Dwelling Units (ADU) (Attached) (Triplex) with a vacant ground floor unit 111 it 706 716�...�a � w X777 j 1270 "9 7i3 Tear -e � Ar,<O 5 a' KING Eas'P Y IV 53 t / f Figure 1: Location Map r 13r N11 \6_ r �17 / Q � �f9. !. AneoSerncsa `t`I © R .29 ip+�g'`�. 'le. :,s zz7Ju aiFfl'R1.....\ San ,fi. 9]-t95 �Gkfs /b1' /tet N= ]9 2fl1 7f 9 253 hBu lRr�a 796 0 27 7n5 \ ^H Z�213 - I65 1 r�- sGR3 51. 2 55 'F 63 \ 25 1 `\ 10 F \ of 7533 27 F 38 al D ..` 9u &f pY V21A g� 9] 1] 99 l 49. 101 - 75 b': 13 216 faY ev rPe V 55 11a2 yb x Figure 2: Zoning Map 916 Page 60 of 303 The subject property is identified as `Protected Major Transit Station Area' on Map 2 — Urban Structure and is designated `Strategic Growth Area C' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `High Rise Growth Zone (Limited) Zone (SGA -3)' in Zoning By-law 2019-051. The purpose of this application is to convert the existing triplex into a mixed-use building by changing the ground floor residential unit into a non-residential "personal service" use. Historically, the building functioned as a mixed-use property with a non-residential use on the ground floor. In 2004, a Zoning Occupancy Certificate and a building permit were issued for a business named Huynh Comtek, allowing retail, office, and repair service uses. In 2014, a building permit was issued to convert the commercial space into a residential unit. This change was later formalized with a Zoning Certificate recognizing the existing triplex in 2022. The current minor variance application is submitted in conjunction with a Stamp Plan B Site Plan Application, which has been `Conditionally Approved' to permit the proposed mixed-use conversion. A Building Permit for the required interior alterations is also in process, and a Demolition Control Application will be submitted to recognize the removal of one residential dwelling unit. The subject property is located within a `Major Transit Station Area (MTSA)' that was recently rezoned as part of a `Strategic Growth Area (SGA)' land use designation. It is zoned `SGA -3', which supports high-density development in mid- and high-rise built forms, permitting heights of up to 25 storeys. The `SGA -3' Zone allows for a broad mix of residential and non-residential uses. The property currently contains a 2 -storey building, which is consistent with the existing built form of most properties in the surrounding neighbourhood. The Zoning By-law recognizes this existing context. Section 6.5.1(a) refers to multiple dwellings and mixed- use buildings up to 4 storeys in height and directs to the regulations under Section 6.3.2, applicable to the `SGA -1' Zone. While the `SGA -1' regulations recognize existing buildings and structures, they also require that converted buildings meet specific performance standards, including minimum lot width, minimum lot area, parking requirements (such as restrictions on parking in front and exterior side yards), and limitations on non-residential gross floor area. Based on a review of these standards, staff have determined that the existing lot width and lot area do not comply with the minimum requirements. To accommodate the conversion of the ground floor dwelling unit into a Personal Services Use (mixed used building), relief from the Zoning By-law is required for the following variances: • A lot width of 13.1 metres instead of the required 15 metres. • A lot area of 225.9 square metres instead of the required 600 square metres. Page 61 of 303 The Stamp Plan B Site Plan Application received `Conditional Approval' with only one condition related to obtaining Minor variance approval. TYfiI PAR ,.5e MIN t3 T PROVIE STALL , 15ul"b* = r 045 5P Sff E STATISTICS LoeMr9G58 LaA�aUPO -4*Afftd%F .I- Rhk Vfal ra�n�dafr� PaYq�.Y�Yn•�� 2.Yne69� I IATj REWUM 4"WfUFb2 Yrts'i'Al sw.0 COMERC[a1 hACi Fk*A, Wgym_ 7E:P:p MH 31 WA PURID fxWiFTE OR -W. Fd:'.V.Fk SITE PLAN ANUCATIQN No. 8MV04 1E SITE PLAN5: 5 1� PLAN 364 FIT LOT 12 HET THI PHAN, PHUNG VAN HUYNH; K&EtM City of Kitchener 15 Eby tEdsouth CCU LfeNM )EURUMFSER ESCEasa7wM Figure 3: Conditionally Approved Site Plan Staff visited the site on July 31, 2025 San -ke; W46EP rc Page 62 of 303 Figure 4: Front face of the subject property Figure 5:The South Side of the Subject property showing the Existing Driveway Page 63 of 303 Figure 6: The North side of the property with the abutting lot 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 official plan has some policies related to the Strategic Growth Area, policy 15.D.2.4. states that The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be planned for continued commercial viability and all other land use designations allowing commercial development will have regard for and in no way compromise this planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. In addition, policy 15.D.2.5. discusses if an application is seeking relief from the implementing zoning through a minor variance(s) or amendment to the Zoning By-law, and/or seek to amend this Plan will consider the following factors: a) Compatibility with the planned function of the subject lands and adjacent lands; b) Suitability of the lot for the proposed use and/or built form; c) Lot area and consolidation as further outlined in Policy 3.C.2.11; d) Compliance with the City's Urban Design Manual and Policy 11.C.1.34; e) Cultural heritage resources, including Policy 15.D.2.8; and, Page 64 of 303 f) Technical considerations and other contextual or site specific factors This proposal recognizes an existing building on an existing lot that will have a non- residential unit on the ground floor, which will provide the commercial viability and development. Besides, the proposal is compatible with the surrounding built form of the neighbourhood as many of the buildings on that street have a non-residential use on the ground floor. Accordingly, it is staff's opinion that the requested variances will meet the general intent of the Official Plan. Figure 7: An image of Eby Street South from King Street East Figure 8: An image of Eby Street South from Charles Street East Page 65 of 303 General Intent of the Zoning By-law The intent of Zoning By-law's minimum lot width (15 metres) and minimum lot area (600 square metres) requirements for mixed-use buildings is to ensure that properties proposed for intensification can accommodate the functional needs of both residential and non- residential uses. These standards support development by ensuring sufficient space for building massing, on-site parking/ bicycle parking, landscaping, service areas, and overall compatibility with adjacent uses. In this case, the subject property has an existing lot width of 13.1 metres and a lot area of 225.9 square metres. While these dimensions do not meet the minimum requirements, the proposed mixed-use conversion is within an existing 2 -storey building that is compatible in scale and built form with the surrounding existing neighbourhood. The building was previously used for both residential and non-residential purposes and is well integrated into the existing urban fabric. No new construction is proposed that would increase site intensity or impact adjacent properties. There are no parking requirements except for bicycle parking which can be met on site. Accordingly, the variances will meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Given that the proposal maintains the existing structure and does not increase site constraints, staff consider the reduced lot width and area to be minor and appropriate in this context. The variances facilitate a modest adaptive reuse of the property that aligns with the Strategic Growth Area objectives by supporting mixed-use intensification near a Major Transit Station Area, while respecting the existing built form. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are desirable and appropriate as they will support the adaptive reuse of an existing 2 -storey building to accommodate a modest mixed-use function that aligns with the City's vision for Strategic Growth Areas and Major Transit Station Areas, which encourage a mix of uses and higher densities in transit -supportive locations. Environmental Planning Comments: No concerns as there are no natural heritage features on the site, no trees, no site development and the variance is for use only. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the interior alterations to facilitate a mixed-use building. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns. Page 66 of 303 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 — 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 • Official Plan (2014) • Zoning By-law 2019-051 Page 67 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 68 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 69 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 70 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 71 of 303 Internal memo Development Services Department Date: August 13, 2025 To: Committee of Adjustment From: Tina Malone -Wright, Manager, Development Approvals cc: Tim Seyler, Senior Planner, Jade McGowan, Student Planner Subject: Minor Variance Application A2025-076 - 221 Sydney Street South wwwkitchener. ca Please be advised that Minor Variance Application A2025-076 for 221 Sydney Street South does not have the proper Authorization as required by the Minor Variance Application Form in order to be considered on the August 15, 2025 Agenda. Accordingly, Staff request that Minor Variance Application A2025-076 be adjourned from the August 15, 2025 Committee of Adjustment Agenda and be considered on the September 16, 2025 Committee of Adjustment Agenda. J� ^, C., (n +a -LL,',' - VU Tina Malone -Wright, MCIP, RPP Manager, Development Approvals Page 72 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 73 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 74 of 303 August 1, 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 GRCA File: A2025-076 — 221 Sydney Street South Marilyn Mills City of Kitchener 200 King Street West Kitchener, ON N2G 407 Dear Marilyn Mills, Re: Application for Minor Variance A 2025-076 221 Sydney Street South, City of Kitchener Rachel Thiessen via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor variance application requesting a reduced rear yard setback. Recommendation The GRCA has no objection to the proposed minor variance application. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property is within the regulated allowance adjacent to the floodplain associated with Schneider Creek. A copy of GRCA's resource mapping is attached. Due to the presence of the above -noted features, most of the subject property is regulated by the GRCA under Ontario Regulation 41/24 — Prohibited Activities, Exemptions and Permits Regulation. Any future development or other alteration within the regulated area will require prior written approval from GRCA in the form of a permit pursuant to Ontario Regulation 41/24. It is understood that the proposed minor variance application requests a reduced year yard setback to facilitate the creation of an additional dwelling unit within the existing garage. The GRCA has no objection to the proposed minor variance application but we note that additional information will be required as part of a complete permit application for the proposed renovations. Pre -consultation with GRCA staff is recommended to determine submission requirements for a complete GRCA permit application. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 75 of 303 Consistent with GRCA's approved fee schedule, this application is considered a `minor' minor variance and the applicant will be invoiced in the amount of $300.00 for GRCA's review of this application. Should you have any questions, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Enclosed: GRCA Mapping Copy: Rachel Thiessen (via email) King Street Construction (via email) Page 76 of 303 O N 0 0 � rho �D `mcc E N 7Q C7?gop ai V d L7 �'o LU c o n 6V/ L 97 X o avec c lo �^ W CJ C fr] ¢ ovCM 0 LL J .� ( C =} C 4y {p o Fn m MC w F = t� 'o C: CN`f as v c 5 CC a a €a L a m c = T=_ +- L] v L7 CC r L� 0 0 w "� � � o i 0 -lo Q L- mx (7 Q a C7 O d n a w m as a a = a' .3 a a U z cu a+ ami ) W m m c W W W W Eava0v Lqy} w a m _ Ln STJ W W '� {F] O co 0 � � Y Y Y Y � O m � 6 u� O W 41 7 FF 0 W QS d5 �-' S J J J J W C? E° CN °vac a"v o � � o w Q a v [3 a v LL fl7 U7 I m v o` ON 10 - i E - Q2 OWIN, OM 10 h U Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: July 30, 2025 REPORT NO.: DSD -2025-335 SUBJECT: Minor Variance Application A2025-077 - 3 Ivy Lane Court RECOMMENDATION: That Minor Variance Application A2025-077 for 3 Ivy Lane Court requesting relief from Section 4.7.2, Table 4-2, of Zoning By-law 2019-51 to permit a Personal Services (Home Occupation) to continue in a Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached), Duplex, whereas a Personal Services (Home Occupation) is only permitted in a Single Detached Dwelling, to facilitate the conversion of a Single Detached Dwelling to a Duplex, in accordance with drawings prepared by M. Shafii, dated June 24, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application to permit an Additional Dwelling Unit (ADU)(Attached) to a Single Detached Dwelling with a Personal Services Home Occupation • The key finding of this report is that the requested minor variance meets 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 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. BACKGROUND: The subject property is located in the Highland West neighbourhood, south of Victoria Street South and East of Ira Needles Boulevard *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 78 of 303 The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. RES -4 �l r RFq�? NMC -1 RCS,A v _� kfSS 1 I i 4 '4. i� 4r RIES-5 1237) RES I •iy�M�.�.,� Ny ;�•r, •msYs� � * v �y¢,. � 3�� -cam � ti ��. -� ♦ice . 9 J 00, RES -4 �l r RFq�? NMC -1 RCS,A v _� kfSS 1 I Figure 2 - Zoning Map L�S�+W4EA�� pR tiC M i COM -1 Page 79 of 303 i RIES-5 1237) RES I Figure 2 - Zoning Map L�S�+W4EA�� pR tiC M i COM -1 Page 79 of 303 The subject property currently contains a Single Detached Dwelling that includes a Personal Services Home Occupation (hair salon). The dwelling was constructed in 2005 and received approval of a Minor Variance Application to permit a driveway located 8.4 metres from the intersection of Ivy Lane Court and Westmeadow Drive, whereas the Zoning By-law requires a minimum setback of 9 metres. A Zoning Occupancy Certificate was issued in 2016 for the operation of the Home Occupation. In 2024, the owner applied for a building permit to construct a one -storey rear addition to the existing dwelling. In conjunction with the Building Permit Application, Minor Variance Application A2024-045 was submitted and approved to permit a reduced rear yard setback of 3 metres, instead of the required 7.5 metres, to facilitate a proposed addition for additional living space. The current application proposes to add an attached Additional Dwelling Unit (ADU) (Attached), which is a permitted use under the Zoning By-law. However, a Personal Services Home Occupation is only permitted within Single Detached Dwelling that does not contain an Additional Dwelling Unit (AD U)(Attached). As such, this variance is requested to allow the continuation of the existing Personal Services Home Occupation (hair salon) while adding the attached ADU. The property provides four parking spaces: two within the attached garage and two on the front driveway. There is a large mature tree located at the corner of the property. The owner has indicated that the tree will be removed, as it does not comply with the City's Corner Visibility Tringle and Driveway Visibility and Fence By-law and poses a safety concern. FRONT YARD 105' SETBACK 9.2m 132.00 ml 510E YARD SETBACK 1.22m 727N L __________�I >• .0 _ PLAN OF LOT 31 REGISTERED PLAN 58M-313 CITY OF KITCHENER i ----------- i �i I a REGIONAL MUNICIPALITY OF gi eE WATERLOOL ----------JI `----------` XISW f : = pE[N IFDUSINESS PARKING SPOT _ _ _ _ _ _ _ _ _ _ _ $I ` _ _ _ _ _ _ _ _ _ _ s pAED.'.,...'.'' '1 _ -ter•.• �.. rN•5T' Z3• ®r ��r.��.Q,%�7.,L�O6dp� 35, 6„ 123.00 ml A WESTMEADOW DR Figure 3 - The Site Plan of the Subject Property 1- , O MAIN MLLM €MS+ING WTXARE ENKIING HAR➢5[iPE PAN n SPAQS MTS mTNANU oaaN Page 80 of 303 BUSINESS AREA (UPDATED) AND FUTURE UNIT 2 AREA Figure 4 - The basement floor plan where the home occupation is and the ADU will be proposed Development and housing Approval Staff visited the site on July 31, 2025 Figure 5 - An image showing the front of the detached dwelling with the garage and the driveway Page 81 of 303 Figure 6 - An image showing the corner of the property and the trees that will be removed FlThe addition That was approved underA xr R 2024-045 ., r .I� "Alm11 4' Figure 7 - An image of the exterior side of the property showing the rear addition that was approved last year 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 subject property is designated `Low Rise Residential' which encourages a compatible mix of low-rise housing types and emphasizes integration through appropriate massing, scale, and design. The existing use, a Single Detached Dwelling with a Personal Services Page 82 of 303 Home Occupation, is permitted in this land use designation. The proposed Additional Dwelling Unit (ADU) (Attached) will be contained within the existing built form and a recently approved rear addition, and will not alter the building's overall massing or scale. The Official Plan also encourages intensification within residential areas to support a broader range of housing options. Specifically, Policy 4.C.1.5 states that the City will identify and promote opportunities for residential intensification, including additional dwelling units, both attached and detached, as a means of responding to changing housing needs and making more efficient use of existing infrastructure and services. The intent of the Official Plan is to allow gentle intensification while maintaining compatibility with surrounding properties. While the Zoning By-law currently restricts personal service home occupations in dwellings that contain ADUs, the continued use of the home occupation in this case is appropriate and does not conflict with the broader goals of the Official Plan. Allowing this variance will continue to support small-scale, community -serving businesses within residential neighbourhoods and contribute to the creation of more complete communities. As such, the proposed variance to permit the continuation of the Personal Services Home Occupation in conjunction with the addition of an ADU maintains the general intent and purpose of the Official Plan. General Intent of the Zoning By-law The intent of the Zoning By-law regulation that prohibits a Personal Services Home Occupation in a dwelling containing an Additional Dwelling Unit (ADU) is to minimize potential conflicts and ensure that the home business does not negatively impact the other occupants within the building. In this case, the home occupation is limited to one room located in the basement of the primary dwelling. The business is operated solely by the homeowner, with no non-resident employees, and accommodates only one client at a time by scheduled appointment. This minimizes traffic, noise, and any potential disruption to the residents of the second unit. The property provides a total of four parking spaces: two within the attached garage and two on the front driveway. This satisfies the Zoning By-law's parking requirements for both dwelling units and the home occupation. Given the small scale of the business, the limited number of clients, and the separation of the business space from the second unit, staff are of the opinion that the proposed variance will not create adverse impacts on the additional unit or the surrounding neighbourhood. Therefore, the variance maintains the general intent and purpose of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposed home occupation is limited to one room in the basement, with a total area of 22.1 square metres. This represents a small portion of the overall floor area of the dwelling, as illustrated in Figure 3. The business will be operated by the homeowner alone and will accommodate only one client at a time, by appointment. Given the scale of the use, and the limited number of clients, the impacts of the home occupation are expected to be minimal. There will be no anticipated adverse effects related to noise, traffic, or parking. Page 83 of 303 In staff's opinion, the requested variance will not result in any negative impacts on the additional dwelling unit or the surrounding neighbourhood, and therefore, the effects of the variance are considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff are of the opinion that the proposed variance is both desirable and appropriate, as it supports gentle residential intensification through the addition of an Additional Dwelling Unit within the existing building. Allowing the continuation of a small-scale home occupation alongside the residential uses can provide a valuable service to the local community while maintaining compatibility with the surrounding neighbourhood. This supports the development of a more complete, walkable, and mixed-use residential area without compromising its character. Environmental Planning Comments: No concerns as no trees, no site development/variance for use only. 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 attached additional unit is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Westmeadow Drive. 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, as required. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. Tree Protection and Enhancement 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Page 84 of 303 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 • Official Plan (2014) • Zoning By-law 2019-051 • A2005-056 • DSD -2024-271 Page 85 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 86 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 87 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 88 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 89 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Andrew Pinnell, Senior Planner, 519-783-8915 WARD INVOLVED: Ward 8 DATE OF REPORT: August 6, 2025 REPORT NO.: DSD -2025-348 SUBJECT: Minor Variance Application A2025-078 667 Victoria Street South RECOMMENDATION: That Minor Variance Application A2025-078 for 667 Victoria Street South requesting relief from the following Sections of Zoning By-law 2019-051: i) Section 4.14.2 b), to permit balconies associated with dwelling units that project a maximum of 2.6 metres into the 4.5 metre minimum interior side yard setback (i.e., the balconies are located a minimum of 1.9 metres from the interior side lot line) to be supported by the ground, where the Zoning By-law does not permit this; ii) Section 5.6 a), Table 5-5, to permit a parking requirement of 3 parking spaces, instead of the minimum required 27 parking spaces (1.0 spaces per dwelling unit); iii) Section 5.6 a), Table 5-5, to permit 1 visitor parking space, instead of the minimum required 5 visitor parking spaces (0.15 spaces per dwelling unit); iv) Section 5.8 a), to not require any parking spaces to be designed to permit the future installation of electric vehicle supply equipment, instead of the minimum required 7 spaces; v) Section 7.3, Table 7-6, to permit a lot width of 16.8 metres, instead of the minimum required 30 metres; vi) Section 7.3, Table 7-6, to permit an interior side yard setback of 2.5 metres, instead of the minimum required 4.5 metres; to facilitate the development of an affordable housing project in the form of a 5 - storey multiple dwelling having 27 dwelling units, in accordance with Site Plan Application SPF25/002/V, BE APPROVED. REPORT HIGHLIGHTS: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 90 of 303 • The purpose of this report is to recommend approval of a Minor Variance Application to facilitate the development of an affordable housing project in the form of a 5 -storey multiple dwelling having 27 dwelling units, in accordance with Site Plan Application SPF25/002/V. • 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. , a s - A r + A i is _ ,ih` ss,@n1A ob 41 !, ��qJ@y .fig / .� ♦ -. ;, , TSS@ f,@11,s�@ iT T .' �� _ � • ea _ s� � �sf0 M �"� w � /i�0 ! aa. r� -- — - �rcMouHigF� %n,.�r4 �'R:. .,,°' • s Figure 1 — Subject Property (outlined in red) in context of surrounding neighbourhood BACKGROUND: The subject property is located on the south side of Victoria Street South, east of Westmount Road West, in the Victoria Hills Planning Community. The property contains two low-rise buildings, currently used for residential purposes (5 dwelling units total). The property slopes several metres downwards in elevation from Victoria Street towards the rear of the property. The lands to the west (at the intersection of Victoria Street South and Westmount Road West) contain Beth Jacob Cemetery. The lands to the east were developed in 2019-2020 with a 7 -storey multiple dwelling containing 92 dwelling units. The lands to the south are developed with a townhouse complex that was constructed in the late 1970s. The lands on the opposite side of Victoria Street are developed with single detached dwellings and townhouses. The subject property is identified as `Community Areas' on Map 2 — Urban Structure of the Official Plan and is designated `Medium Rise Residential' on Map 3 — Land Use. The Page 91 of 303 property is zoned `Medium Rise Residential Six Zone (RES -6)' in Zoning By-law 2019-051, as are the lands to the south and east. The subject property is the subject of Site Plan Application SPF25/002/V, which proposes an affordable housing project in the form of a 5 -storey multiple dwelling with a Floor Space Ratio of 1.93 (see Attachments A and B). The development features: • 27 affordable housing dwelling units (20 studio units and 7 one -bed units), • A large, outdoor amenity space in the rear yard, • Indoor and outdoor amenity spaces on the roof, • 19 Class A bicycle parking spaces, • 6 Class B bicycle parking spaces, and • Ground floor parking that is screened from view of the street. The Site Plan Application received `Conditional Approval' on June 16, 2025. One site plan condition requires the owner to apply for and obtain final approval of a Minor Variance Application for relief from certain zoning provisions, prior to final Site Plan Approval. To facilitate the proposed development and fulfill the above noted condition, the owner has filed the subject application, requesting relief from the following sections of Zoning By-law 2019-051: i. Section 4.14.2b), to permit balconies associated with dwelling units that project a maximum of 2.6 metres into the 4.5 metre minimum interior side yard setback (i.e., the balconies are located a minimum of 1.9 metres from the interior side lot line) to be supported by the ground, where the Zoning By-law does not permit this; ii. Section 5.6 a), Table 5-5, to permit a parking requirement of 3 parking spaces, instead of the minimum required 27 parking spaces (1.0 spaces per dwelling unit); iii. Section 5.6 a), Table 5-5, to permit 1 visitor parking space, instead of the minimum required 5 visitor parking spaces (0.15 spaces per dwelling unit); iv. Section 5.8 a) to not require any parking spaces to be designed to permit the future installation of electric vehicle supply equipment, instead of the minimum required 7 spaces; V. Section 7.3, Table 7-6, to permit a lot width of 16.8 metres, instead of the minimum required 30.0 metres; vi. Section 7.3, Table 7-6, to permit an interior side yard setback of 2.5 metres, instead of the minimum required 4.5 metres. Page 92 of 303 Figure 2 — Excerpt of Conditionally -Approved Site Plan Drawing. 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 Official Plan contains numerous policies that are relevant to the subject application, for example: 3.C.2.52. Limited intensification may be permitted within Community Areas in accordance with the applicable land use designation on Map 3 and the Urban Design Policies in Section 11. The proposed development must be sensitive to and compatible with the character, form and planned function of the surrounding context. 4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the Page 93 of 303 PROPOSED SNLIVT' STOW£ AREA F Sj STN;. =IRF HYgF2ad�IT QG71 d 6 M PRIrrQIPAI. Fr{TRAWE ROPK}aE@ EAST EXISTING • W SFTPAQFy' g.5rn RFTAIgNr,,A'AI 1 S SIAMFSF OaMFCTIDN q ` =45T(f +T MQFR ONCE EXIT �IQARY C%li a 22980 jj4 5 PROPOSED PRQPf O RFAR ,�TRWK Po£TARlVG WALL A i LLVA 10H PC JP fAECrr. ROOM MECFL ROOM EVATOR tn V IL5 STOREY ss o L---------- R00= MLI LT}JNjT ROOF 60<'} OlITGQ:ft ANE HI ry RESIDEN71kL INOOJR AT�HIIV t.;�. ,�.,, =a GROUND FLOOR AREA AREA -L^a�R ukrmo'R Clliil:i.C1 M ANFrgTY � FLUSH CLXiFI B^RRER—FREE PATH PROPER -Y LIFE PRC+'i15EO WE5T SECONDARY _-T CC Ib HULDNG SEItlA lhm Al L.GVIEHLEYE_ PRQPQ5M F ORT PRQPC)Wn PRQP"IvFD 1KF1L R T1Qq QAl I PRY RFI QlV p SCTOAICIC U9 CNCRMCIIM1CNT SCTOAL OF ISiC%EM WATER NLkNAGCMCHTj QF RAI QQylEQ: 7m 5TRIJQTTJRAI i PROPCISEC, DRIVEWAY ELEMENTS: 1.91 W7AL FENCE HEIGHT, i.9]rr FQLE"OIINT TRANSFORMER EXISTING T1L7&ER FACE TO REMAN E)WflNC CHMNUHK FENCE 103750 51 PAOLANDER DR. BETH JACOB CFk1FTFRY 15 rCREYTCJWRHCIIBES Figure 2 — Excerpt of Conditionally -Approved Site Plan Drawing. 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 Official Plan contains numerous policies that are relevant to the subject application, for example: 3.C.2.52. Limited intensification may be permitted within Community Areas in accordance with the applicable land use designation on Map 3 and the Urban Design Policies in Section 11. The proposed development must be sensitive to and compatible with the character, form and planned function of the surrounding context. 4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the Page 93 of 303 established neighbourhood and will have regard to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report and Urban Design Scorecard ... d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site... 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. 13.C.8.1. Parking standards and regulations for all types of land uses will be provided in the City's zoning by-law. Specific uses may be required to provide easily accessible parking for electric and hybrid vehicles, carpool/vanpool/car share and bicycles. Minimum and maximum parking standards may be defined, as appropriate, to maximize the efficient use of land, and promote active transportation and the use of public transit. 13.C.8.4. All parking areas or facilities will be designed, constructed and maintained:... b) for the safe and efficient movement of all users, on the site, and at points of ingress and egress related to the site. 15.D.3.15. The Medium Rise Residential land use designation will accommodate a range of medium density housing types including townhouse dwellings in a cluster development, multiple dwellings and special needs housing. The requested variances would facilitate the development of a 5 -storey multiple dwelling with a Floor Space Ratio of 1.93, which is within the building height and Floor Space Ratio (FSR) tolerances of the Medium Rise Residential land use designation (i.e., maximum 8 storeys and maximum 2.0 FSR). The requested variances to reduce the minimum interior side yard setback and minimum balcony setback relate only to the interior side yard abutting the cemetery, where buffering and privacy issues are not a significant concern. Transportation Services has advised that it has reviewed a parking justification report and that it supports the requested relief from requirements related to minimum parking spaces, visitor parking spaces, and electric -vehicle -ready spaces. Page 94 of 303 Development and Housing Approvals (DHA) staff is of the opinion that the proposed development "can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site" and "is sensitive to and compatible with the character, form and planned function of the surrounding context". Accordingly, DHA staff is of the opinion that the requested variances meet the general intent of the Official Plan. General Intent of the Zonina By-law Variances i and vi.- The i:The applicant is requesting to permit balconies associated with dwelling units that project a maximum of 2.6 metres into the 4.5 metre minimum interior side yard setback (i.e., the balconies are located a minimum of 1.9 metres from the interior side lot line) to be supported by the ground, where the Zoning By-law does not permit this. Also, the applicant is requesting to permit an interior side yard setback of 2.5 metres instead of the minimum required 4.5 metres. It should be noted that both of these variances relate to the westerly interior side yard, which, as noted above, abuts the cemetery, where buffering and privacy issues are not a significant concern. It is highly unlikely that the abutting cemetery lot will ever be used for another purpose in the future. Variances ii, iii, and iv: The applicant is requesting several variances related to vehicle parking requirements: To permit a parking requirement of 3 parking spaces instead of the minimum required 27 parking spaces (1.0 spaces per dwelling unit); to permit 1 Visitor parking space instead of the minimum required 5 visitor parking spaces (0.15 spaces per dwelling unit); and to not require any parking spaces to be designed to permit the future installation of electric vehicle supply equipment instead of the minimum required 7 spaces. As noted above, Transportation Services has advised that it has reviewed a Parking Justification Report for the reduction in vehicular parking and that it supports the requested relief from requirements related to minimum parking spaces, visitor parking spaces, and electric -vehicle -ready spaces. It should be noted that affordable housing developments, such as this, generate far less demand for parking than typical residential developments. Also, DHA staff notes that the proposed development includes 19 Class A bicycle parking stalls, whereas only 14 stalls are required. Variance v. The applicant is requesting to permit a lot width of 16.8 metres instead of the minimum required 30.0 metres. Through the review of the related Site Plan Application, the applicant has demonstrated to the City that the proposed building is attractive, and the use can function appropriately, despite the reduced lot width. All facilities necessary to support the proposed building and use are appropriately accommodated through the building and site design and innovative techniques have been employed to maximize the number of affordable housing units within the proposed development. For example, the design incorporates a vehicular entrance within the ground floor building fagade, thereby eliminating the need for a typical side yard driveway access (which would consume Page 95 of 303 additional lot width). Also, the reduced interior side yard setback adjacent to the cemetery for balconies and building proper allow the building to be wider than would typically be permitted. In this regard, Development and Housing Approvals (DHA) staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Are the Effects of the Variances Minor? DHA staff is of the opinion that the requested variances are minor since they are not anticipated to cause unacceptably adverse impacts on adjacent properties. Transportation Services has commented that it supports the requested parking relief, as justified through a parking justification study. All facilities necessary to support the proposed building and use are appropriately accommodated through the building and site design. The relief from the minimum interior side yard setback for balconies and building proper are not a privacy or buffering concern because of the abutting cemetery use. Are the Variances Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? DHA staff is of the opinion that the requested variances are justified; they will facilitate appropriate residential intensification and will allow for the establishment of 27 affordable housing units. The Official Plan land use designation and zoning permit the proposed use. Environmental Planning Comments: No Natural Heritage Conservation. Compliance with Tree Management Policy would have been reviewed at Site Plan Application stage by the City's Urban Designer. No concerns. 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 residential building is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: As part of the site plan process in February 2025, parking justification was submitted (December 9, 2024) by Dillion Consulting for the reduction in vehicle parking, which Transportation Services supported for this affordable housing development. Grand River Conservation Authority: No objections. Page 96 of 303 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 • Official Plan (2014) • Zoning By-law 2019-051 • Conditional Approval Letter re Site Plan Application SPF2510021V, dated June 16, 2025 ATTACHMENTS: Attachment A — Conditionally -Approved Site Plan Drawing — Schedule B — Site Plan (Site Plan Application SPF2510021V) Attachment B — Conditionally -Approved Site Plan Drawing — Schedule B(1) — Ground Floor Plan (Site Plan Application SPF2510021V) Page 97 of 303 Conditionally -Approved Site Plan Drawing - Schedule B - Site Plan m Yr A O G FIRE MICTORIA ST. S. DEPARTMENT ACCESS ROUTE A ,2 EXISTING SIDEWALK — — — 0 o m - -- — — — -- Q C w U) a .i O r -o cn M m - — (n ■ Gl O x �' rOA � � c� b A X P N � T fn 2 w Z y I i z m z n0 0 -u ■■1 m A 4 I rh96L O m �0 aQ I z m ay T Ambo c Cn rm amro A 18o o tz� m loo v anma zro r m 3 n © In wm /,/250 O -4 cg'n Irz C z b in m w -I m ' OS b � _ xmI�r� m, gg m yv ypO ~ AZA C� GZ1 xm K ❑O ? � y N° mx m p OF rp0 -m� J{w mX Ay Z s ;$a p411;,; Obyo Zm2V''^^ YID S / A m mv i I 1100 5630 -.5270 a m ■ 12000 ■ o C 04k Z m 04k 0 a �c A m > ° ma { n 3°r m o fn - m� oma 4 T m3 vmz �z^z� w si Nri "'w 9,T 4 w a dT r=—m 0oN Q, Z( T OR 0 3 a C v 3 v v a m m9 m p % °'.god, cn g fil mo vat @ 3 s mss' moo en °� C-? `�� ro v o v o3 3 r� En . �' -p { mn v m��y B $ 3bE 4p— yam n Cm G} g Y — l Page 98 of 303 Conditionally -Approved Site Plan Drawina - Schedule B(1) - Ground Floor Plan o0 m m r O v K A m mV m m rn o Rr m3 m CVICTORIA � xa pn�� n,H n- N C O C V1� xN "v � mA �y �Yi3y�n N n an x E �o 250) m `ID n -4 qz ® m n m O O ST. S. FIRE DEPARTMENT ACCESS ROUTE v m ZO ZA C m �+ A }y O m m A A (-) (n'. TI EXISTING SIDEWALK N m m rZ Y — _ — O� N O G1 xm O © 0 CIA 2M0 Tm V — Z. nN — - o� �(7 O C iy zm - 1 :E A n (/} = m O Z vti� �� yv yA� y m ;� 0109 VT+ m v Am xO >� f< oo tiA Op9 �r3 0 �� 0 - ��. r Ul C> C3 n zZ �y y Ox C-11 to �_� Q N >r Z® m A tAmn A� 2pD yv�b m m K is C%} -0'� W o m v' o p m v 0 T m y y x 190 An z m o Q < b m Z A m E] � w p @ tn� n �m L 05 r x z �N �p Cp m�rA� tgjm Ni -1 yn \ G o 3 m 3 o0 m m r O v K A m mV m m rn o Rr m3 m m� � xa pn�� n,H n- N C O C V1� xN "v � mA �y �Yi3y�n N n an x E �o 250) m `ID n p qz ® m n m O ca m < v m ZO ZA c� A �a �+ A }y O m m A A mw cn nN n� ti Z N m m rZ Y O� N O G1 xm 2M0 Tm V Z. nN w o� Ar m- Em iy zm :E A � mP O Z j. VT+ TV N Ul C> C3 Q N m� m o N C O C V1� xN "v � N O O g, �m n qz ® p O v Ll fl Page 99 of 303 O O g, �m n qz ® p O v c� A ©50Z 0589 �+ }y N A A ti Z xm 2M0 yiyv KA fl Page 99 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 100 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 101 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 102 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 103 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523 WARD(S) INVOLVED: 1 DATE OF REPORT: REPORT NO.: August 12, 2025 DSD -2025-330 SUBJECT: Minor Variance Application A2025-079 — 706 Frederick Street (Future Severed Parcel) Minor Variance Application A2025-080 — 706 Frederick Street (Future Retained Parcel) RECOMMENDATION: A. Minor Variance Application A2025-079 — 706 Frederick Street (Future Severed) That Minor Variance Application A2025-079 for 706 Frederick Street (Future Severed Parcel) requesting relief from Section 4.12.2 g) of Zoning By-law 2019-051 to permit a lot width of 7.6 metres instead of the minimum required 10.5 metres, to facilitate the construction of a Semi -Detached Dwelling with 3 Additional Dwelling Units (ADUs)(Attached) in each half of a proposed Semi -Detached Dwelling, 4 dwelling units in each half, for a total of 8 dwelling units, as shown on drawings prepared by GRIT Engineering, dated May 9, 2025, BE REFUSED. B. Minor Variance Application A2025-080 — 706 Frederick Street (Future Retained) That Minor Variance Application A2025-080 for 706 Frederick Street (Future Retained Parcel) requesting relief from Section 4.12.2 g) of Zoning By-law 2019-051 to permit a lot width of 7.6 metres instead of the minimum required 10.5 metres, to facilitate the construction of a Semi -Detached Dwelling with 3 Additional Dwelling Units (ADUs)(Attached) in each half of a proposed Semi -Detached Dwelling, 4 dwelling units in each half, for a total of 8 dwelling units, as shown on drawings prepared by GRIT Engineering, dated May 9, 2025, BE REFUSED. REPORT HIGHLIGHTS: • The purpose of this report is to review and make recommendations on Minor Variance Applications A2025-079 and A2025-080 for the future Severed and Retained Parcels proposed at 706 Frederick Street. The applications propose a Semi -Detached *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 104 of 303 Dwelling with three Additional Dwelling Units (ADU)(Attached), 4 dwelling units in each half, for a total of eight dwelling units on the subject property. • The key finding of this report is that the applications do not meet all `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 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. BACKGROUND: The subject property is located on the north side of Frederick Street, in between the intersections of Lois Street and River Road East. The subject property currently features a triplex with a detached rear garage. The subject property is approximately 15.2 metres wide, with a depth of approximately 45 metres, and size of 684 square metres. Figure 1 - Site Aerial (Subject Property Outlined In Red) Page 105 of 303 Figure 2 - Subject Property, View From Street (Taken August 5t", 2025) Staff completed a site visit on August 5th, 2025. 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 property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. Page 106 of 303 Figure 3 - Zoning By -Law 2019-051 (Subject Property In Red) The purpose of the applications are to reduce the minimum lot width requirement to facilitate the construction of a new Semi -Detached Dwelling, with 3 Additional Dwelling Units (AD U)(Attached), each half having 4 dwelling units (i.e. Fourplex), for a total of 8 dwelling units on the subject property. The existing `Triplex' Building on the subject property is intended to be demolished. The applicant is requesting minor variances to both the future severed and retained parcels to permit a minimum lot width of 7.6 metres where 10.5 metres is required. Semi- detached lots require a lot width of 7.5 metres; however, where two or more Additional Dwelling Units are proposed and a property is outside both the Central Neighbourhood Area and 800 metres from an LRT station, 10.5 metres is required as four units are requested for each side of the semi-detached building. Both the future severed and retained lots will have a lot frontage of 7.6 metres, depth of 45 metres, and area of 342 square metres. A Consent Application is not being considered at this time but will be required to implement the proposed site plan. A Zoning Occupancy Certificate (ZOC) application was received on May 29, 2025, for the proposed use of the Semi -Detached Dwelling, each side to have four (4) dwelling units. At the time of this report, the ZOC process has flagged a number of potential issues that may require further variances based on elevations submitted as part of a separate Building Permit Application. These potential additional variances were not submitted for nor are they considered as part of Minor Variance Applications A2025-079 and A2025-080. The basement floors have multiple windows requiring window wells along the side yard, and the depth of these windows is not stated. The walkway running along the sides of the building would need to be adjusted to accommodate the window wells. The side yards are 1.52 metres so at most these wells can be 0.42 metres deep. This Page 107 of 303 needs to be confirmed as possible or else an additional variance for the walkway may be required. 2. Confirmation is required if steps to the entrance doors are required and their associated setback to the side lot lines. 3. The covered front porch also functions as a balcony. The porch itself complies to the Zoning By-law, but as a balcony it does not. A balcony cannot be supported by the ground when it projects into the required front yard. The balcony either needs to be removed or another variance would be required. 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. As the two applications are identical, they will be considered jointly: General Intent of the Official Plan The Official Plan provides several policies regarding the intensification of low rise residential areas. Of particular relevance to this application is Policy 4.C.1.8, which provides specific policy direction for minor variance applications proposing residential intensification: 4. C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that.- a) hat: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood and will have regard to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report and Urban Design Scorecard. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. f) The impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and does not create further zoning deficiencies. Page 108 of 303 Although the Semi -Detached Dwelling would be on a narrower lot than otherwise required, the scale and massing of the building itself is compatible with the built form of the surrounding area. Regarding Policy 4.C.1.8.e), the requested variances would reduce the amenity area available on the site by reducing the size of the front yard and force the parking arrangement to be in tandem rather than side-by-side. The Zoning By-law requirement for landscaped area is maintained, and the large rear yard provides further amenity area for the dwellings; therefore, appropriate landscaped areas are provided. The single -wide driveway can be long enough to accommodate the required parking spaces. The Official Plan provides policy direction on the compatibility of residential intensification with the existing character of the neighbourhood. Policy 4.C.1.9 states: 4. C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Examining the existing context of Frederick Street, the predominant built form is single detached dwellings in primarily bungalow form, with occasional low-rise apartment and semi-detached buildings. Compatibility, as defined in the Official Plan, should not be interpreted as meaning "the same as". Generally, a semi-detached dwelling is compatible with the surrounding area. Additional policy direction regarding compatibility is provided in the Low Rise Residential land use designation policies, specifically 15.D.3.3: 15. D.3.3. To support the successful integration of different housing types, specifically multiple residential developments, through new development/redevelopment and/or residential intensification, within lands designated Low Rise Residential, Medium Rise Residential or High Rise Residential, the City will apply design principles in accordance with the Urban Design Policies in Section 11. An emphasis will be placed on.- a) n: a) compatibility of building form with respect to massing, scale, design, b) the relationship of housing to adjacent buildings, streets and exterior areas, c) adequate and appropriate parking areas are provided on site, and, d) adequate and appropriate amenity areas and landscaped areas are provided on site. Policy 15.D.3.3 further emphasizes the appropriateness of parking areas, amenity areas, and landscaped areas in Low Rise Residential areas. The combined area of the front and rear yards is sufficient landscaped and amenity area, and the appropriate number of parking spaces can be accommodated. It is staff's opinion that the proposed variances meet the intent of the Official Plan. Page 109 of 303 General Intent of the Zoning By-law The subject property is located outside the Central Neighborhood Area (Appendix `C' of Zoning By-law 2019-051) of the City and is not within 800 metres of a Light Rail Transit Station (Appendix `E' of Zoning By-law 2019-051). Where a proposal outside Appendix `C' and Appendix `E' includes two or more Additional Dwelling Units, Section 4.12.2 will apply. Section 4.12.2 g) requires the minimum lot width to be 10.5 metres, rather than the 7.5 metres typically attributed to semi-detached dwellings in the `RES -4' Zone. The primary intent of this larger lot width requirement is to ensure sufficient parking can be provided as transit connectivity and walkability is generally weaker in the non -central areas and beyond the typical walking range to higher order transit. Beyond the intent to provide enough parking spaces, the function of the parking spaces and driveway is integral to the 10.5 metre width. The requested variance to a minimum lot width of 7.6 metres does not allow for side-by-side parking, resulting in the required parking needing to be in tandem. The Zoning By-law requirement for parking is three (3) parking spaces for the four (4) dwelling units, which can be met by the reduced lot width in the form of three -long tandem spaces. Zoning By-law 2019-051 allows up to three required parking to be in a tandem arrangement. Although required parking spaces are permitted to be in a tandem arrangement, the intent of the 10.5 metre width is to provide space for side-by-side parking which is a more functional arrangement, in areas outside the Central Neighbourhood Area, especially considering that the future residents will live in different units rather than the same household. To further highlight the intent of the zoning requirement for a 10.5 metre lot width is the existing parking arrangement, directly across the road from the subject property at 707- 709 and 711-713 Frederick Street, two semi-detached buildings, each duplexed (only two (2) dwelling units in each half of a Semi -Detached Dwelling, four dwelling units 4 per lot across four (4) lots for a total of eight (8) dwelling units; rather than 8 dwelling units on two (2) lots per the subject proposal). As demonstrated in the aerial in Figure 4, the sites provide side-by-side parking (which was legally permitted at the time of their construction; this design is no longer permitted in Zoning By-law 2019-051) allowing for each of the duplexed units their own "lane" in the side-by-side arrangement. A single, three -long tandem parking arrangement is not an appropriate use for a fourplex; for lots outside the 800 metre radius of an LRT Station and outside the Central Neighbourhood Area. Environmental Planning staff note that there appears to be several large trees along the shared property lines. Environmental Planning requires more details on the construction details/footprint. A Tree Management and Enhancement Plan is required to assess the impacts of demolition and new construction. Having the required lot width would provide the opportunity to not negatively impact boundary or shared trees with adjacent properties. It is staff's opinion that the proposed variances do not meet the intent of the Zoning By-law. Page 110 of 303 Figure 4 - 707-709 and 711-713 Frederick Street Aerial Page 111 of 303 Appendix C: Central Nelahboufftood Area = Central MeighhourhaodArea Figure 5 - Appendix `C' - Central Neighbourhood Areas Page 112 of 303 Anyendix i=: Properties within $00 metres of a Light Rag Transit (LRT) Staten FArea vrtn`n 84G m of Light MQ Rail Transit (LRT) Station Light Rail Transit (LRT) Station Lands zoned RES -1 thnwgh RES -5 located within 800 met=es of an LRT Station are subjeGtto reduced parking requirements far Additional dwelling Unit (Detachec). T`nese regulatiors are irc uded in Section 5_ Figure 6 - Appendix `E' - Properties Within 800 metres of LRT Station Page 113 of 303 Are the Effects of the Variances Minor? In considering if the effect of a variance is minor, a common method of assessment is to consider the potential impacts on neighbouring properties and the surrounding area. Frederick Street is noted as a "City Arterial Street" on Official Plan Map 11, Integrated Transportation System. Section 13.C.4.1.c) of the Official Plan states that "Generally, City Arterial Streets distribute large volumes of traffic (people and goods) between other Regional Roads and City Arterial Streets and Major Community Collector Streets." The proposed reduced lot widths force a triple -tandem parking scheme, which will require vehicles to be "juggled" (i.e. temporarily move vehicles to allow blocked -in vehicles parked further up the driveway to exit the property). As the Official Plan notes that Frederick Street distributes large volumes of traffic, the constant need to "juggle" vehicles will negatively impact the use the safe use and function of the subject property. Although it is common for households to park their vehicles in tandem, parking requirements of the Zoning By-law allocate one space to the primary dwelling, with additional spaces being required based on the number of Additional Dwelling Units. In assessing the parking arrangement, staff cannot assume that one household will be allocated all three parking spaces with the Additional Dwelling Units having zero. Although the Zoning By-law permits three tandem spaces to meet parking requirements, the requested variances would force the three tandem arrangement. Less units being proposed or a different built form could be considered that provides for a more functional parking arrangement. There appears to be several large trees along the shared property lines. Environmental Planning requires more details on the construction details/footprint. A Tree Management and Enhancement Plan is required to assess the impacts of demolition and new construction. Having the required lot width would provide the opportunity to not negatively impact boundary or shared trees with adjacent properties. It is staff's opinion that the proposed variances are not minor in nature. Are the Variances Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Similar to the assessment above, the three long tandem parking arrangement is not a desirable or appropriate outcome for the redevelopment of the subject property. While no parking variance is directly being sought, the reduced minimum lot width results in a single wide driveway as the only parking option for the subject property. Alternative design schemes could be considered for the subject property, such as a lower number of units and therefore lower parking requirement, or a different built form that provides for a more functional parking arrangement. To further highlight the concerns with the proposed parking arrangement, directly across the road from the subject property are 707-709 and 711-713 Frederick Street, two semi- detached buildings, each duplexed (two units per lot across four lots for a total of eight units). As demonstrated in Figure 4, the sites provide side-by-side parking (which was legally permitted at the time of their construction; this design is no longer permitted in Page 114 of 303 Zoning By-law 2019-051) allowing for each of the duplexed units their own "lane" in the side-by-side arrangement. A single, three -long tandem parking arrangement is not an appropriate use for a fourplex; nevertheless two beside each other. Additionally, the Zoning Occupancy Certificate Application (ZOC) has flagged a number of potential future variances, pending information confirmation or potential site plan revisions, and as such it would be inappropriate to recommend approval of variances where it is known that others made still be required. It has not been demonstrated that a Semi -Detached Dwelling, with 4 dwelling units in each half, can function appropriately on a lot of 7.6 metres in width instead of the required 10.5 metres. Also, there appears to be several large trees along the shared property lines. Environmental Planning requires more details on the construction details/footprint. A Tree Management and Enhancement Plan is required to assess the impacts of demolition and new construction. Having the required lot width would provide the opportunity to not negatively impact boundary or shared trees with adjacent properties. It is staff's opinion that the proposed variances are not desirable for the appropriate development or use of the land. Environmental Planning Comments: Environmental Planning require more details on the construction details/footprint. It is expected that there are no concerns if construction/site works are away from property lines. 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 with 3 attached ADU's is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: At the time of a future consent application, the following will need to be considered: • 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. Page 115 of 303 • 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. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal o Foundation drains shall drain to a sewer, drainage ditch or dry well. o A side yard swale is not considered a drainage ditch. • The side yard currently accommodates overland stormwater flows from the rear yard. 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. Until the time of severance, the developer is only permitted to have one set of services for the lot. This must be shown on the plans. Parks and Cemeteries/Forestry Division Comments: At the time of severance, cash -in -lieu of park land dedication will be required on the severed parcel. Transportation Planning Comments: Transportation Services have no concerns with these applications. 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. Page 116 of 303 PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 ATTACHMENTS: Attachment A — Site Plan Page 117 of 303 Attachment A — Site Plan 4 YRR C L IL` �j r rYr RRYr! 1[R F � Rid*M RM►/i1TLC 4r1AG/G `�F � L'1 °�' TC1�1 411 ....T Riii �I I 7a I � yrt obrMcxis TcvR+rI y cr--- 1� G Ma livers TrwcMaMm �f .. •-'nF7YtiCIR/RMM MItaYC I 7 -Y am riyllpKA E 6TYfine Ir - �umR.0-.m eaelle+lfr , hcV*wM% !M�'-+a- TS M! ur wa•+.I _ -. rri �; ale. *, '�.Etrra C1sfT'wa w[rl.• W A- Y LECA -06 i L?J1dG _ L Co. M.0,,Pk _ . a�_'FRY IILL'1{"'tC �I OTY v7T V a r KTI- fri®M'i NI*LZAI 'WM fR i a vel .lu:if. 11"i.1�/144.:.d,TRIiCR TS48rA=R'iMr1r HIM 0 1q, �•� lJn N�.al.�n .k•—ll �.M.a.�. r•. -._!rte -/1_ e. - �r.—fl, ,. .. •v—�—i,. k.�r•.—!e, ' I � � • �� � 7el"C K 7 d ' �T i•� Cee�ps'. allnw�8� y � �[.f.`.:: M ]T5[IIV MTI+XI�A 7uf7 VIK �I�Iit;(f�lYt -..-_- I _- _-._-... FREOERIGK STREET Page 118 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 119 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 120 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 121 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 122 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Sean Harrigan, Planner (Policy), 519-783-8934 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: August 8, 2025 REPORT NO.: DSD -2025-354 SUBJECT: Minor Variance Application A2025-354 - 942 Audrey Place RECOMMENDATION: That Minor Variance Application A2025-354 for 942 Audrey Place requesting relief from Section 4.14.10 b. i) of Zoning By-law 2019-051 to permit steps/access, that exceed 0.6 metres above ground level, to be setback of 0.3 metres from the northern interior side lot line instead of the minimum required 0.75 metres, generally in accordance with drawings prepared by Mechways Inc., dated April 28, 2025, revised July 21, 2025, BE APPROVED subject to the following condition: 1. That the owner shall provide evidence to the Manager of Development Approvals, City of Kitchener, that all existing and proposed window wells comply with the minimum required zoning setback. REPORT HIGHLIGHTS: • The purpose of this report is to review the requested minor variance for a reduced side yard setback for steps leading to the principal entrance of an Additional Dwelling Unit (AD U)(Attached). • The key finding of this report is that staff are satisfied that the requested variance fulfills the Four Tests. • 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 123 of 303 I BACKGROUND: The subject property is located on the west side of Audrey Place and south of Merkling Street. The property currently contains a Single Detached Dwelling and recently received approval for a Building Permit to add an Additional Dwelling Unit (ADU)(Attached) in the basement. The construction and inspection process for the Additional Dwelling Unit (ADU)(Attached) is ongoing. The principal entrance for the secondary dwelling unit is located in the side yard and requires external steps exceeded 0.6 metres in height. These steps were not identified on the Building Permit and do not comply with the minimum required 0.75 metre side yard setback. Figure 1 - Location Map (942 Audrey Place Shown in RED) U 0 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 property is zoned `Low Rise Residential Three Zone (RES -3)' in Zoning By-law 2019- 051. The purpose of the application is to review the requested minor variance to facilitate the construction of steps within the side yard leading to the principal entrance of an Additional Dwelling Unit (ADU)(Attached). The existing building is approximately 1.2 metres from the northern side lot line and the principal entrance for the Additional Dwelling Unit is located approximately 0.9 metres above the surrounding ground. It is impossible to construct steps within the existing 1.2 metres side yard that complies with the Ontario Building Code for minimum width while adhering to the required 0.75 metres side yard setback. During staff's site visit, it was identified that the window well along the southern side of the house had been enlarged. This enlarged window well most likely does not comply with the minimum required 0.5 metre side yard setback and may negative impact side yard Page 124 of 303 drainage swales. As such, staff have requested a condition of approval that requires the applicant to confirm all existing and proposed window wells comply with the Zoning By- law. 70 2 2 ADJACENT LOT PROPERTY LINE t PRINCIPAL VP voRCn 77 CL GARAGEDRIVEI 942 AUDREYTWtJ STOREY PL, 1, MTCHENER 0 M — — — �71 1a z 0 SPACE -2 SPACE -I 47�5 PROPERTY LINE ADJACENT LOT PROPOSED DECK MGRAM ROE ENTRANCE FOP A'XMOR' MEdLIUNG UNIT Figure 2 - Site Plan ............ ....... 7 r7 7 I r I -T T . . . . . . . . . - - - - - - - - - - - - -- - - - T --LT ..................... EXIST. 7 --L T EXIST. .. . . . . I . . . . . . . . . . . . ... . . . WINDOW DOOR 78" X 5'43� X 113' . . . . . . .. T .......... :[GLAZED AREA L1 BEYOND - GLAZED AREA "iIXIST- iINDOW 47.11. I:I GRADE T i" EXIST A/C U Figure 3 - Right Side Elevation and Proposed Steps FIN- SECOND FLOOR FIN, GROUND FLOOR MID LANDING FIN. BASEMENT_ _ _ Page 125 of 303 Figure 4 - 942 Audrey Place \" Figure 5 - 942 Audrey Place — Right Side and Proposed Steps Location Page 126 of 303 -_sL �-yam Figure 6 - 942 Audrey Place — Left Side and Enlarged Window Well 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 general intent of the `Low Rise Residential' land use designation is to support a high quality of life while ensuring that existing and new residential areas are walkable and supported by all modes of transportation. To this regard, the proposed steps in the side yard support a higher quality of pedestrian entrance to the Additional Dwelling Unit (ADU)(Attached) that contributes to walkability. Official Plan policy 4.C.1.8 states that where a minor variance is requested for residential intensification, the overall impact of the variance will be reviewed to ensure, amongst other provisions, that the lands can function appropriately and do not create unacceptable adverse impacts for adjacent by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on site. To this regard, there is an existing 1 metre wide drainage swale centred on the shared side yard property line. This swale should remain landscaped to allow suitable drainage to occur without impacting adjacent properties. Engineering staff confirmed that the proposed steps encroach into the approved drainage swale. However, since the steps are raised, there are no anticipated impacts to the drainage swale. As such, staff are satisfied that the proposed variance maintains the general intent of the Official Plan. Page 127 of 303 General Intent of the Zoning By-law The general intent of the minimum side yard setback for steps or access ramps is to ensure steps and access ramps do not impact approved drainage patterns, usually in the form of drainage swales located along shared side lot lines. As mentioned above, there is a drainage swale located along the shared side lot line with half of the drainage swale located on each property. The proposed steps are located approximately 0.3 metres from the side lot line and as such, encroach into the drainage swale. However, the raised steps and supporting posts with buried concrete footings are not anticipated to negatively impact the approved drainage swale and as such, the requested variance satisfies the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the requested variance are considered minor in nature due given there is no anticipated negative impacts to approved drainage patterns. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variance to allow a reduced side yard setback for steps are considered desirable for the appropriate development or use of the land as they will enable an appropriate access to the Additional Dwelling Unit (ADU)(Attached) and support a gentle intensification of the subject property. Environmental Planning Comments: There are no anticipated impacts to trees, therefore no Tree Management Policy compliance issues. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit has been issued for the ADU and the includes the side yard stairs to the proposed attached ADU. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Audrey Place. 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, as required. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. Tree Protection and Enhancement 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: Transportation Services have no concerns with this application. Page 128 of 303 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 • Official Plan (2014) • Zoning By-law 2019-051 Page 129 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 130 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 131 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 132 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 133 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Maitland Graham, Student Planner, 519-783-7879 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: July 29, 2025 REPORT NO.: DSD -2025-337 SUBJECT: Minor Variance Application A2025-082 133 Bloomingdale Road North RECOMMENDATION: That Minor Variance Application A2025-082 for 133 Bloomingdale Road North requesting relief from Section 37.2.1 of Zoning By-law 85-1, to permit an interior side yard setback of 2.7 metres instead of the minimum required 3 metres, where there is a driveway leading to a required parking space situated between the dwelling and the side lot line, to construct/extend the roof from the dwelling over an existing walkway and side porch, generally in accordance with drawings prepared by Yorck Lindner, dated April 30, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application requesting a reduced interior side yard setback of 2.7 metres instead of the minimum required 3 metres. • The key finding of this report is that the requested minor variance meets 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 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. BACKGROUND: The subject property is located on the north side of Bloomingdale Road in the Bridgeport East neighbourhood, which is predominantly comprised of low rise detached dwellings. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 134 of 303 Asp- �N 010D� Figure 1 — Aerial Photo of the Subject Property 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 property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1. The purpose of the application is to request relief from Section 37.2.1 to permit an interior side yard setback of 2.7 metres instead of the minimum required 3 metres, where there is a driveway leading to a required parking space situated between the dwelling and the side lot line, in order to construct/extend the roof from the dwelling over an existing walkway and side porch. Approval of the variance will allow for the development of additional amenity space for the property owner. Page 135 of 303 LUT BALK E TING ROOFING FUN 5PJ49d" UP E><I5T. ROOF RE4QllF TO SAT o0d F. JO5T5 �f CVT 0A4K Ew5T PACU P"IDG JOIST HANGEIC7 -0: 5T. RIM WARY 2'8 ROOF JO19' P 16'a 51-pFEp TION p !UV OB55HEAT4M6 A5 PER MAN— SF=L n OI 1JP Fj 3e••p6pVE GR%•P'_ G-RAOE PO5-EGH Mff.] BGREV{ PILES 1 i '7ATk 8Y P.Fkrj METAL fLABRINO "I PaSTEGH ;TY�.} TO PPI:.OM� SGR_W PIL_5 _ _ F DATA By ENG -i ,AI TO FOLLOW :1, j Figure 2 — Proposed Addition, Front Elevation METAL fLABRINO "I i i I P05TEGH {T'rP.} 5GREVA PILES t7 J 1 J I DATA BY F.ENG J I J I 'T#b TOFOL10k4 'T, 'r+F Figure 3 — Proposed Addition, East Elevation V Page 136 of 303 5T CCNGK--fF0W.' IF IE 24' Ai'7dE GRA i i I P05TEGH {T'rP.} 5GREVA PILES t7 J 1 J I DATA BY F.ENG J I J I 'T#b TOFOL10k4 'T, 'r+F Figure 3 — Proposed Addition, East Elevation V Page 136 of 303 Figure 4 — Existing front yard where the porch addition is proposed. Figure 5 — Existing interior side yard where the porch addition is proposed. Page 137 of 303 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 subject property is designated as `Low Rise Residential' on Map 3 — Land Use. The intent of the Low Rise Residential designation is to accommodate a diverse range of low- rise housing types while maintaining the low-density character of the neighbourhood. The use of the property for a detached dwelling is permitted and the extension of the roof providing a shaded walkway and porch area is a natural extension of the living space. Planning Staff is of the opinion that the proposed minor variance meets the general intent of the Official Plan. General Intent of the Zonina By-law The purpose of the minimum side yard setback is to ensure that an adequate separation from the side yard property line to accommodate for fire separation, to provide privacy to abutting neighbours, access to the rear yard and in the case of Section 37.2.1 - where there is a driveway leading to a required parking space situated between the dwelling and side lot line, to accommodate an adequately sized parking space at the side of the dwelling along with sufficient access to the parking space and rear yard. Fire separation is not anticipated to be a concern, as there is still an adequate amount of space between the subject property and abutting property, with both driveways positioned adjacent to each other providing approximately 8 metres of space between the subject property's dwelling and abutting neighbour's dwelling. Privacy concerns are not anticipated to be a concern as no further fagade openings are proposed - only an extension of the roof to provide additional amenity space. The current walkway and side entrance stairs currently occupy a width comparable to the proposed addition. The variance of 0.3 metres allows for full functionality of the walkway and side entrance stairs while accommodating the structural support for the roof addition. Should the variance be refused, an addition with a 3 metre setback would significantly reduce the functionality of the walkway further, as there is an existing window well projecting approximately 0.3 metres into the walkway, which would allow only 0.9 metres remaining for walkway use and side entrance stair access. Approval of the proposed variance would provide 1.2 metres for the walkway and side entrance stair access and also provide a driveway width of 2.6 metres, which adheres to the minimum driveway width regulation in Zoning By-law 85-1. Planning Staff is of the opinion that the proposed 2.7 metre setback of the addition meets the intent of the side yard setback regulation and will provide an alternative type of passive outdoor recreational space. Page 138 of 303 Is/Are the Effects of the Variance(s) Minor? Planning Staff is of the opinion that the requested variance of 0.3 metres to permit a roof extension is minor as the reduction of the setback is not discernible, allows an adequate amount of space for fire separation, privacy, and parking, and would promote greater use of the land by providing additional useable amenity space. Furthermore, a similarly sized awning previously occupied the same area as the proposed roof addition, providing shade and weather coverage, before sustaining damage in a storm and subsequently being removed. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate for the use of the land as it will facilitate the construction of useable amenity space for the residents of the dwelling. Environmental Planning Comments: There are no concerns as there are no natural heritage features, no trees and accordingly no issues with compliance with the Tree Management Policy. Grand River Conservation Authority: GRCA has no objection to the approval of the application. The subject property does not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The property is not subject to Ontario Regulation 41/24 and, therefore, a permission from the GRCA is not required. Heritage Planning Comments: No Heritage comments or concerns Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the new roof structure. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 139 of 303 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 • Official Plan (2014) • Zoning By-law 85-1 Page 140 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 141 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 142 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 143 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 144 of 303 Staff Report Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Sean Harrigan, Planner (Policy), 519-783-8934 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 8, 2025 REPORT NO.: DSD -2025-335 SUBJECT: Minor Variance Application A2025-083 —103 Joseph Street RECOMMENDATION: That Minor Variance Application A2025-083 for 103 Joseph Street requesting relief from the following Section 6.3.2, Table 6-3, of Zoning By-law 2019-051 as follows to perm it: i) A lot area of 401.3 square metres instead of the minimum required 450 square metres; ii) An exterior side yard setback of 2.5 metres instead of the minimum required 4 metres; iii) An interior side yard setback of 0.8 metres instead of the minimum required 1.5 metres; iv) A rear yard setback of 0.7 metres instead of minimum required 7.5 metres; and, v) A maximum building length of 26.2 metres instead of maximum permitted 24 metres; To facilitate the conversion of a 6 -Unit Multiple Dwelling into a 10 -Unit Multiple Dwelling, generally in accordance with drawings prepared by Urban Initiatives, dated July 18, 2025, BE APPROVED subject to the following condition. 1. That the owners obtain a Heritage Permit, to the satisfaction of the Manager of Site Plan, City of Kitchener, for all proposed work on the subject property. I_1 1 1 C; That Minor Variance Application A2025-083 for 103 Joseph Street requesting relief from Section 4.1 e) of Zoning By-law 2019-051 to permit an accessory structure (bike locker) to be located in a front yard or exterior side yard, generally in *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 145 of 303 accordance with drawings prepared by Urban Initiatives, dated July 18, 2025, BE REFUSED. REPORT HIGHLIGHTS: • The purpose of this report is to review the requested minor variances to facilitate the conversion of an existing 6 -Unit Multiple Dwelling into a 10 -Unit Multiple Dwelling with a minor 3rd floor addition. • The key finding of this report is that all requested variances except the proposal to have an accessory structure located in the front yard fulfills the Four Tests. • 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. BACKGROUND: The subject property is located on the southwestern corner of the intersection of Joseph Street and Richmond Avenue, north of Victoria Park and southwest of the Charles Street West Light Rail Transit terminal. The property currently contains a 6 -Unit Multiple Dwelling with existing reduced setbacks which is proposed to be converted into a 10 -Unit Multiple Dwelling. 21 46�,. a.. 61 22 1a •� Pe � �SSp .. U a Figure 1 - Location Map (103 Joseph Street shown in RED) The subject property is identified as `Protected Major Transit Station Area' on Map 2 — Urban Structure and is designated `Strategic Growth Area A' on Map 3 — Land Use in the City's 2014 Official Plan. The property is also within the designated `Victoria Park Heritage Conservation District' on Map 9 — Cultural Heritage Resources. Page 146 of 303 The property is zoned `SGA -1: Low Rise growth Zone (SGA -1)' in Zoning By-law 2019- 051. The property also falls within Appendix `C' — Central Neighbourhoods and Appendix 'D'— Established Neighbourhood Area in Zoning By-law 2019-051. The purpose of the application is to review the requested variances to facilitate the conversion of an existing 6 -Unit Multiple Dwelling into a 10 -Unit Multiple Dwelling with a minor 3rd floor addition. The variances are required to recognize the property's existing lot area and the building's existing setbacks and building length. The proposed 3rd floor addition will not increase the building's height or reduce any existing setback. The proposed variance for the accessory structure within a front yard is to facilitate the required one Class A Bicycle Parking Stall which must be within a weather protected area with controlled access. Staff note that it may be possible to located the required Class A Bicycle Parking Stall within the interior side yard beside the secondary common entrance without the need for a minor variance. Staff note that a Heritage Permit was obtained for the interior renovations and third floor addition. However, the Heritage Permit did not address the accessory structure or proposed replacement of the front porch and ground supported balcony. This accessory structure and modifications to the front porch and balcony must be approved through a Heritage Permit and as such, staff have requested a condition of approval requiring said permit. Nl+lr _J }0�5 C( ON WILTYI NORY ROOM j 99 ,. N24'Op�E 3i1 E%. XVRDRANT P BAE�PACXiiI L_ COMMON ENTRANCE (UNITS 3. 6, 9. 10) G16 - EXISTING 2 -STOREY MULTIPLE DWELLING Sumnainm TOTAL 10 UNITS PROPOSED) nl g `= V, QRa Ll I LANDSCAPE a.CURscuT EL SLOCI( RETAINING WALL (Uo a IRI Figure 2 - Site Plan PROPOSD ONc -Ra (.@, 2m)­ o'cKA­E EIm Aim) O PEPL4CE EXISTING PROPOSEWOODSTEPSiUNDING TO PRIMARY ACCESS TO UNIT 32.9m PROPOSED OONC. WALKWAY 1 awEuxrm.ry5.91-� D Y9� �PRO/P/ �NAWAY AIAE%. Fl CITONEj .of'^ow ITOEE REMOVED) LANDSCAPE / / ZI° r / ' b ffi EKBLOCKRETAININGWALL(NL@s ft) EX. PuELICSIDEWAtK PROPOSED RECONFIGURATION OF CONCRETE PORCNI ENIRY BTAIR5 (REFER TO WLDING PIANS) Page 147 of 303 �e t -4 • Y� Figure 5 - Existing Building facing Richmond Avenue and Rear Facade (Site Visit July 25, 2025) Figure 6 - Existing Elevation Facing Richmond Avenue Page 149 of 303 F71 'n , =AV' II� Figure 7 - Proposed Elevation Facing Richmond Avenue 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 Official Plan Amendment (OPA) 49 (By-law 2024-062) incorporated modifications to the text and mapping of the Official Plan in order to implement a new land use planning framework for seven of the City's ten Protected Major Transit Station Areas. This Official Plan amendment changed the subject property's designation to `Strategic Growth Area A'. Strategic growth area land use designations are applied within the Urban Growth Centre and Protected Major Transit Station Areas. These lands will provide opportunities for all housing types and a range of commercial, employment, and institutional uses to create complete communities. Lands within Protected Major Transit Station Areas shall be planned to achieve minimum densities, with the target for Victoria Park and Kitchener City Hall Station being 160 residents and jobs combined per hectare as per Section 3.C.2.18. The proposed development would contribute to the diversity of housing types. As per Official Plan Section 11.C.1.37, the City will require development and/or redevelopment in a Protected Major Transit Station Area to support and contribute to a high quality public realm. To do this, the City will require a high quality public realm at grade which includes sidewalks, street furniture, street trees, and landscaping. The City will also require developments to support, maintain and/or increase the tree canopy, where possible, to support Kitchener's Sustainable Urban Forestry Strategy. The proposed variances are to recognize the existing length, setbacks, and lot area to facilitate the conversion of the existing building into a 10 -Unit Multiple Dwelling. The majority of the public realm including street trees will remain the same with the exception of main entrance on Richmond Avenue which will be enhanced. As such, staff are satisfied that the variances required to recognize the existing building's dimensions and setbacks fulfills this Official Plan policy. However, the proposed variance to add an accessory structure within the front yard does support and contribute to a high quality public realm and negatively impacts the heritage features for the existing public realm. As such, staff do not Page 150 of 303 believe the variance for an accessory structure in the front yard adheres to this Official Plan policy. As mentioned above, the subject property is located within the `Victoria Park Heritage Conservation District' on Official Plan Map 9 — Cultural Heritage Resources. Official Plan policy 12.C.1.23 states that the City will require the submission of a Heritage Impact Assessment and/or Heritage Conservation Plan to ensure no negative impacts to the heritage values and attributes. To this regard, the applicant has already obtained a Heritage Permit for the interior alterations and third floor addition. As such, staff are satisfied that the proposed variances to recognize the building length, setbacks, and lot area maintains the general intent of the Official Plan heritage policies. However, staff are not satisfied that the proposed accessory structure in the front yard maintains the general intent of the Official Plan heritage policies. This accessory structure was not identified, considered, or approved as part of the heritage permit. This structure interferes with the established heritage values and attributes for the front of this property and as such, staff must recommend refusal for this variance. Staff note that there should be enough room within the interior side yard beside the common entrance for the required one Class A Bicycle Parking Stall and that this location would not conflict with the Official Plan heritage policies. General Intent of the Zoning By-law The general intent of the required setbacks, lot area, and maximum building length is to help maintain a consistent streetscape and building form and also to help ensure the lands can function appropriately by providing sufficient landscaping and amenity space. To this regard, the proposed 10 -Unit Multiple Dwelling will utilize the existing building with a minor third floor addition. This existing building is an established part of the surrounding streetscape and built form. The proposed third floor addition fits within the established streetscape and built form and does not worse any existing setback. Regarding the landscaped and amenity area, there is sufficient landscaped area primarily within the front and exterior side yard that contributes to stormwater management and provides opportunities for nature vegetation. In terms of amenity space, there is some amenity space located within the front yard and private balconies. This private amenity space combined with the abundance of public amenity space within Victoria Park located a short walk from the subject property satisfies the general intent of the Zoning By-law. The general intent of the zoning regulation prohibiting accessory structures within the front or exterior side yard is to help ensure a consistent streetscape and that any accessory structures are located behind the principal building. To this regard, the proposed accessory structure within the front yard conflicts with the established streetscape, neighbourhood character, and heritage values and attributes for this area. The proposed accessory structure is also located directly in front of the principal buildings front facade. As such, staff do not believe this variance satisfies the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The potential effects of the proposed variances for setbacks, building length, and lot area are considered minor in nature as these variances are required to recognize the existing building and property to facilitate the conversion into a 10 -Unit Multiple Dwelling. Page 151 of 303 The potential effects of the request variance to permit an accessory structure within the front yard is not considered minor in nature. As discussed above, the proposed location of the accessory structure conflicts with the established streetscape and heritage values and attributes for this area. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances for setbacks, building length, and lot area are considered desirable for the appropriate development and use of the land. As mentioned above, these proposed variances facilitate the conversion of the existing building into a 10 -Unit Multiple Dwelling with a minor third floor addition. Maintaining this existing building with the heritage attributes is desirable for the appropriate development and use of the land. The proposed variance for the accessory structure in the front yard is not considered desirable for the appropriate development or use of the land. As mentioned above, this proposed accessory structure conflicts with the established streetscape and heritage values and attributes for this area which is not desirable. Environmental Planning Comments: No concerns Heritage Planning Comments: 103 Joseph Street is designated under Part V of the Ontario Heritage Act, and is located within the Victoria Park Area Heritage Conservation District (VPAHCD). Staff would like to provide the following comments related to this application: Staff have concerns with the proposed Bike 'A' locker. Any new construction must not be in the front yard of the existing dwelling. Staff would like to work with the applicant in determining an alternate location for the enclosed bike locker. A Heritage Permit might also be required for this. 2. If there is porch work proposed as part of this application, a Heritage Permit will be required for that work as well. Staff would like to include the following condition as part of this application: That a Heritage Permit be obtained for the proposed work on the property, municipally addressed as 103 Joseph Street, before final approval of this Committee of Adjustment Application. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the additional unit to the existing residential building. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: Cash -in -lieu of park land dedication will be required at time of future Building Permit. Page 152 of 303 There is an existing City -owned street tree within the right-of-way on Joseph Street and Richmond Avenue. 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, as required. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. Tree Protection and Enhancement 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: Transportation Services have no concerns with this application. 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 • Official Plan (2014) • Zoning By-law 2019-051 Page 153 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 154 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 155 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 156 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 157 of 303 From: Committee of Adiustment (SM) To: Subject: RE: A 2025-083 - 103 Joseph Street Date: Friday, August 1, 2025 3:18:24 PM -----Original Message ----- From: Josh Rampersad Sent: Thursday, July 31, 2025 4:13 PM To: Committee of Adjustment (SM)<CommitteeofAdjustment(akitchener.ca> Subject: A 2025-083 - 103 Joseph Street [You don't often get email fro Learn why this is important at https:Haka.ms/LeamAboutSenderldentification ] Hello, I saw the sign for the minor variance application for 103 Joseph Street, and wanted to voice my support for this change. I am a neighbour living a couple houses down on Richmond Ave. I love living here and think that it is one of the best locations in the city (close to transit, DTK, Victoria Park, and more). This change to add additional units to 103 Joseph Street would allow more individuals/families to enjoy this wonderful location. Having more neighbours here would add to the vibrancy of our street and I welcome it! Sincerely, Josh Ricker-Rampersad Page 158 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920 WARD(S) INVOLVED: 1 DATE OF REPORT: August 6, 2025 REPORT NO.: DSD -2025-349 SUBJECT: Minor Variance Application A2025-084 — 27 Turner Avenue RECOMMENDATION: That Minor Variance Application A2025-084 for 27 Turner Avenue requesting relief from the following sections of Zoning By-law 2019-051: i) Section 5.3 e) i) to permit a parking lot setback of 1.2 metres from the side lot line instead of the minimum required 1.5 metres; ii) Section 5.6 a) Table 5-5, to permit 10 parking space instead of the minimum required 12 parking spaces; iii) Section 7.2, Table 7-6, to permit a lot width of 17.9 metres instead of the minimum required 19 metres; iv) Section 7.2, Table 7-6, to permit an interior side yard setback of 1.3 metres instead of the minimum required 3 metres; and v) Section 7.2, Table 7-6, to permit a front yard setback of 4.5 metres instead of the minimum required 9.5 metres; to facilitate the development of a 10 -unit multiple dwelling, generally in accordance with drawings and plans submitted with the Minor Variance Application A2025-084, BE APPROVED subject to the following conditions: 1. That Holding Provision (92H) is lifted to the satisfaction of the Director of Development and Housing Approvals. 2. That prior to any grading, servicing or the application or issuance of a Demolition and/or Building Permit, the Owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Manager, Site Plans 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. Page 159 of 303 (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) 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; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and (vii) building elevation drawings. (viii) If necessary, the plan shall include required mitigation and or compensation measures. (ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any Demolition and/or Building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Manager, Site Plans. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application to facilitate the construction of a multiple dwelling consisting of 10 dwelling units. • 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. BACKGROUND: The subject property is located on the south side of Turner Avenue, near the intersection of Turner Avenue and Victoria Street North. Page 160 of 303 Figure 1 - Location Map: 27 Turner Avenue 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 property is zoned `Low Rise Residential Five Zone (RES -5)' with Site Specific Provision (410) and Holding Provision (92H) in Zoning By-law 2019-051. The purpose of the application is to review variances for a parking reduction, a lot width reduction and setback reductions to facilitate the development of a 10 unit residential multiple dwelling. In October 2024, the applicant applied for a Zoning By-law Amendment to permit a 30 unit multiple dwelling on 9-27 Turner Avenue. The application was approved by City Council to change the zoning on the properties to RES -5 with Site Specific Provision (410) and Holding Provision (92H). Since the time of the Zoning approval the owner has adjusted the project to provide a 10 unit building on each of the 3 properties rather than developing the 3 properties together (See Figure 3). This application is the first building to be developed, and the remaining 2 sites will be constructed as the timing allows. Page 161 of 303 FT E T URHER .AVENUE Figure 2 - Concept Site Plan — 27 Turner Avenue Page 162 of 303 TURNER IgZyVL RIrJ� M24:6Y N -Lid YJ 1FT1Ltlm Y1L�nTI�RL N] I25C�'T4l pCl]NG IS. 'l1A CLL]NG s 3 g�14"i • N.11�l� Fl L'�L4'Y� 6JLGNJ J 4 1. -II FGTIIR W RTLig 3119�C FlJY(l.N Lal ^ 15 2? Figure 3 - Proposed Future Concept — 9-27 Turner Avenue Page 163 of 303 Figure 4 - Current site conditions — 27 Turner Ave 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 subject lands are designated `Low Rise Residential' in the City's Official Plan. Low Rise Residential areas are intended to accommodate a full range of low density housing types including single detached, semi-detached, townhouse, and low-rise multiple dwellings. The Low Rise Residential designation states that 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 development has been reviewed by staff and are satisfied the proposed variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Parking The intent of the parking lot setback is to ensure that there is appropriate separation from adjacent property lines and that appropriate landscaping can be maintained on the subject property. The side yard setback is appropriate for the development as the parking lot is proposed to extend onto adjacent properties once the next development commences. Appropriate rear yard setbacks are maintained and staff are satisfied the reduced setback is appropriate and meets the general intent of the Zoning By-law. The intent of the parking requirements is to ensure that adequate parking is provided on site. Staff note that there is only one parking space provided per unit, however when the adjacent properties are developed additional parking spaces will be provided for visitor Page 164 of 303 parking. The lands also have access to multiple transit routes along Victoria Street and Frederick Street, as well on street parking is provided along Turner Avenue. Class A Bicycle storage will also be required and provided internal to the units and Class B Bicycle parking is shown on the site plan. Staff are satisfied the reduction in parking is appropriate for the development and meets the general intent of the Zoning By-law. Front yard setback The intent of the front yard setback is to ensure appropriate setbacks along the street edge that are consistent with adjacent parcels. A front yard setback of 9.5 metres is required due to the property being located within an Established Neighbourhood Area (Appendix `D') in the Zoning By-law. The building is the first of three new multiple dwelling buildings that all will maintain a similar street presence and frontage. The setback of 4.5 metres is the required setback for a multiple dwelling that is not within Appendix `D' and with the other properties being developed there will be a consistent street edge on the street. Staff are satisfied the front yard setback meets the general intent of the Zoning By- law. Side yard setback The intent of the side yard setback is to ensure there is adequate separation and no adverse impacts to the adjacent residential properties. The setback is adjacent to another residential property that is intended to be developed with another residential development. Appropriate separation and access will be maintained with the adjacent building. Further the other residential property that is not being developed at 33 Turner Ave, has a setback greater than 4.5 metres to ensure adequate separation. Staff are satisfied the side yard setback meets the general intent of the Zoning By-law. Lot width The intent of the minimum lot width requirement is to ensure developments can meet the minimum standards for landscaping, amenity area, and providing vehicular access to the site. The property has shown that an appropriate drive aisle, landscaping and amenity area can be provided efficiently on the property. The lot is sufficient in depth to ensure that these requirements are met. Staff are satisfied the lot width requirement meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor as the variances that are requested are to support a new residential development. The proposed variances will not present any significant impacts to adjacent properties or the overall streetscape and neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are desirable and appropriate for the development and use of the land as their approval will facilitate the construction of a new residential development within a mixed-use neighbourhood. Environmental Planning Comments: No Natural Heritage concerns however the rear yard is very treed. Staff assume all trees are to be removed with demolition, new construction, and parking lot installation. It is very Page 165 of 303 difficult to know if shared / neighbour ownership of trees will be an issue. Recommend strongly a standard condition of variance to complete an Arborist's Report. 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 10 unit residential is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions. Engineering Division Comments: Based on the lot area identified on the application this property does not require Site Alteration, however if servicing in the ROW is required in the future, an Off -Site Works Permit will be required. Parks and Cemeteries/Forestry Division Comments: Cash -in -lieu of park land dedication will be required at time of future Building Permit. Transportation Planning Comments: Transportation Services have reviewed this application and offer the following comments. Of the 10 proposed on-site parking spaces, 1 space is required to be designated for visitor use and must be clearly signed on-site. The remaining 9 spaces are to be allocated for tenant use. Given that one residential unit will not have an associated parking space, Transportation Services recommends unbundling parking and offering parking spaces separately from the lease or purchase of residential units. This promotes both equity and efficient use of parking resources by allowing tenants who do not require parking to avoid associated costs. The proposed driveway access width of 3 metres is considered acceptable for serving up to 10 units. However, if the development intensity increases (more units or additional vehicle traffic), the entire length of the access must be widened to support two-way vehicle traffic. 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. Page 166 of 303 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 • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2024-415 — ZBA Application Page 167 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 168 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 169 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 170 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 171 of 303 � METROLINX BY EMAIL ONLY TO: Kitchener Committee of Adjustment 200 King Street W, Kitchener, ON N2G 4G7 DATE: August 8t", 2025 RE: Adjacent Development Review: A-2025-084 27 Turner Avenue, Kitchener, ON Minor Variance Dear Committee of Adjustment, Metrolinx is in receipt of the Minor Variance application for 27 Turner Avenue, Kitchener to construct a two-storey multi -dwelling residential building with adjusted lot widths, setbacks, and parking requirements, as circulated on July 25t", 2025, and to be heard at Public Hearing on August 19t", 2025. Metrolinx's comments on the subject application are noted below: The subject property is located within 300m of the Metrolinx Guelph Subdivision, which carries Metrolinx's Kitchener GO Train service. GOMEAVY-RAIL - ADVISORY COMMENTS • Be advised Metrolinx is a stakeholder that has previously provided comments on the comprehensive application, including a previous site plan application. Any previous comments/requirements provided by Metrolinx and/or our Technical Advisors are still applicable. o Conditions affiliated with Site Plan Application No. ZBA24/018/T/TS remain outstanding. Please be advised that Metrolinx/ our Technical Advisor would continue to be a stakeholder providing comments on the comprehensive application of this site should future development be contemplated. Please continue to engage Metrolinx should future developments be contemplated on the subject site. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Jenna Auger Project Analyst, Adjacent Construction Review Metrolinx 20 Bay Street I Toronto I Ontario I M5J 2W3 :X-- METROLINX Page 172 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician, 519-783-8944 WARD(S) INVOLVED: 10 DATE OF REPORT: August 6, 2025 REPORT NO.: DSD -2025-345 SUBJECT: Minor Variance Application A2025-085 - 236 Guelph Street RECOMMENDATION: That Minor Variance Application A2025-085 for 236 Guelph Street requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 as follows: i) to permit an existing westerly interior side yard setback of 1.1 metres instead of the minimum required 1.2 metres; ii) to permit an existing rear yard setback of 5.7 metres instead of the minimum required 7.5 metres; to facilitate the conversion of a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached), a Duplex, to a Single Detached Dwelling with two (2) Additional Dwelling Units (ADU)(Attached), a Triplex, generally in accordance with drawings prepared by GS Engineering Group, dated 12/06/2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the conversion of a Single Detached Dwelling unit with one (1) attached ADU (Duplex) into a Single Detached Dwelling with two (2) attached ADUs (Triplex). • The key finding of this report is that the requested minor variances meet all 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 173 of 303 • This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Guelph Street between Waterloo Street and Weber Street West. 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 property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is for minor variances to permit the conversion of the existing Single Detached Dwelling with one (1) attached ADU into a Single Detached Dwelling with two (2) attached ADUs. There is no external building changes proposed; however, the Zoning By-law only permits the existing use (Duplex) to maintain the existing setbacks. As the owner is wishing to convert the Duplex to a Triplex, the regulations of Section 7.3 (Table 7-2) are applicable. qrX Figure /I 1 - Aerial photo Page 174 of 303 1S Hdiino ................ Figure 2 — Proposed Site Plan Page 175 of 303 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 property is designated `Low Rise Residential'. The intent of the designation is to encourage residential intensification and/or redevelopment which includes additional dwelling units to respond to changing housing needs and as a cost effective means to reduce infrastructure and service costs by minimizing land consumption and making better use of existing community infrastructure. It is staff's opinion that the variances meet the general intent of the Official Plan. Figure 2 - Street view It is noted that a gate and fence are currently located on or adjacent to the proposed 1.1 metre unobstructed walkway and may need to be removed/relocated from the walkway area in accordance with the site plan to allow for the conversion to a triplex. General Intent of the Zoning By-law The intent of the setbacks from side and rear lot lines is to ensure that the building and use(s) in it are an appropriate setback from neighbouring properties and the streetscape. The subject building has existed since approximately 1954. Regarding the left side yard setback of 1.1 metres instead of 1.2 metres, this is a very minimal deficiency of 0.1 metre. Regarding the rear yard setback of 5.7 metres rather than the required 7.5 metres. The 5.7 metre setback is to an existing enclosed foyer which will be the entrance for two units accessed from the rear yard. There are no windows in the foyer. The main building either Page 176 of 303 meets or is close to meeting the minimum 7.5 metre setback. Staff are of the opinion that the variances meet the general intent of the Zoning Bylaw. Is/Are the Effects of the Variance(s) Minor? As noted above, the reduced setbacks are to recognize a 0.1 deficiency in the side yard and to acknowledge an existing foyer with no windows. The impact of the variances on the neighbouring properties can be considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the variances to facilitate the conversion of the existing building from two to three units is desirable and appropriate for the property and will provide a gentle form of intensification which can be considered appropriate for the use of the property and compatible with the surrounding neighbourhood. Environmental Planning Comments: No concerns. Heritage Planning Comments: The property municipally addressed as 236 Guelph Street is located within the Mt. Hope/Breithaupt Neighborhood Cultural Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The proposed application is not anticipated to have an adverse impact on the CHL's heritage attributes. As such, staff have no comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the additional attached ADU's is obtained prior to construction. Please contact the Building Division at building(akitchener.ca with any questions Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Guelph Street. 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, as required. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. Tree Protection and Enhancement 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: Transportation Services have no concerns with this application. Page 177 of 303 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 • Official Plan (2014) • Zoning By-law 2019-051 Page 178 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 179 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 180 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 181 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 182 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920 WARD(S) INVOLVED: 9 DATE OF REPORT: August 6, 2025 REPORT NO.: DSD -2025-351 SUBJECT: Minor Variance Application A2025-086 — 250 Mill Street RECOMMENDATION: That Minor Variance Application A2025-086 for 250 Mill Street requesting relief from Section 6.2, Table 6-1 of Zoning By-law 2019-051, to permit a `Towing Compound' as a permitted use, BE REFUSED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to permit a `Towing Compound' as a permitted use in the `High Rise Growth Zone (Limited) (SGA -3 Zone). • 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. BACKGROUND: The subject property is located on the north side of Mill Street, near the intersection of Mill Street and Stirling Avenue South. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 183 of 303 IGF PARK Figure 1 - Location Map: 250 Mill Street The subject property is identified as `Protected Major Transit Station Area' on Map 2 — Urban Structure and is designated `Strategic Growth Area C' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `High Rise Growth Zone (Limited) (SGA -3)' with Site Specific Provision (4) in Zoning By-law 2019-051. The purpose of the application is to review a Minor Variance Application to permit a `Towing Compound' as a permitted use in the `High Rise Growth Zone (Limited) (SGA -3 Zone). The applicant is requesting to add the Towing Compound use to the property. The property already contains multiple uses on the property. The front of the property contains a single detached dwelling, while the rear of the property contains uses including sale of parts and accessories for motor vehicles and service and repair of motor vehicles. These uses were legally established and permitted under the General Industrial Zoning (M-2) within Zoning By-law 85-1. However, since that time the uses are now considered legal non -conforming, as the zoning on this property has been approved by Kitchener City Council to be designated High Rise Growth Zone (Limited) (SGA -3). The purpose of the `SGA -3' Zone is to create opportunities for high-density growth in both mid and high rise forms up to 25 storeys in height. A wide mix of residential and non-residential uses are permitted however a towing compound is not one of the permitted uses. Page 184 of 303 r ► fI" MI i { r r1R � • iYQ- �f Iry` Yuu ffff ® f � . ry{61IIII ILII 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 subject lands are designated `Strategic Growth Area C' in the City's Official Plan. `Strategic Growth Area C' lands are intended to accommodate significant intensification at high density. The lands are generally centrally located within intensification areas and represent redevelopment opportunities at higher density. Permitted non-residential uses within the land use designation may include compatible commercial uses such as retail, restaurant, personal services, and office uses. Further, the property is identified as a `Protected Major Transit Station Area' in the City's Urban Structure. The planned function of PMTSA's is to provide focus for accommodating growth through development which support existing and planned transit and rapid transit service levels, while also providing connectivity of various modes of transportation to the transit system. The Towing Compound use is not transit or pedestrian oriented and will not contribute toe the planned density of 160 residents and jobs per hectare for the Mill Station. 3.C.2.17. The planned function of Protected Major Transit Station Areas, in order to support transit and rapid transit, is to: a) provide a focus for accommodating growth through development to support existing and planned transit and rapid transit service levels; b) provide connectivity of various modes of transportation to the transit system; c) achieve a mix of residential, office (including major office), institutional (including major institutional) and commercial development (including retail commercial centres), wherever appropriate; and, d) have streetscapes and a built form that is pedestrian -friendly and transit - oriented. Policies a) through d) above should not be interpreted to mean that every property located within a Protected Major Transit Station Area is necessarily appropriate for major intensification. 3.C.2.18. The following Protected Major Transit Station Areas shall be planned to achieve the following minimum densities: g) Mill Station: 160 residents and jobs combined per hectare. 3.C.2.22. a) in areas that are intended to be the focus for intensification, development applications will support the planned function of Protected Major Transit Station Areas and have regard for the following: Page 186 of 303 i) the Regional Official Plan and the Transit -Oriented Development Policies included in Section 13.C.3; ii) new non -transit -supportive uses such as low density uses and/or auto -oriented uses will be discouraged; iii) appropriate pedestrian and public transit facilities may be required with all major development or redevelopment proposals; iv) vehicular access points will be controlled to minimize disruption to traffic flow and new development may be required to share common driveways and provide for maneuverability between sites. Existing developments within areas intended to be the focus for intensification that do not meet a) i) through iv) above, will be encouraged to redevelop in a manner consistent with these policies. Section 17.E.20.10 of the Official Plan states that the Committee of Adjustment may permit a use of the property that is similar to the purpose for which it was used, or a use that is more compatible with the uses permitted by the Zoning By-law, provided that the proposed use will be an improvement over the existing use in terms or appearance and function in relation to the surrounding area and more closely approach the intent of the policies of the Official Plan and provisions of the Zoning By-law. It is the position of staff that the proposed use of a Towing Compound will not improve the functionality of the property and is not a use that is more compatible with the uses permitted by the Zoning By-law. The proposed `Towing Compound' use does not meet the intent of the policies of the `Protected Major Transit Station Area' Urban Structure component or the `Strategic Growth Area C' land use designation of the City's Official Plan. General Intent of the Zoning By-law The intent of the `SGA -3' Zone is to create opportunities for high-density growth in both mid and high rise forms up to 25 storeys in height. A wide mix of residential and non- residential uses are permitted. In March 2024 it was the City's direction to move this area away from the general industrial uses, and plan for development that was on a higher density scale, to support ION being in a Major Transit Station Area. This change has been approved by Kitchener City Council and is in full force and effect. The request to add a use that is not permitted within the current zoning framework does not meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variance is not minor as the variance that is requested to add the Towing Compound use cannot be considered minor as the use was not established prior to the Council approved zoning change. Adding a use does seem minor in nature at first, however by permitting a new use on the site that is not permitted it mitigates the future direction of these properties and the surrounding area that could hinder the redevelopment of the lands in the future. Page 187 of 303 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variance to add the Towing Compound use is not desirable and appropriate for the development and use of the land as the use does not meet the Council approved direction for the lands. The approval of adding a use will not encourage the lands to be developed in a more desirable nature and will not help facilitate increased density. The use does not support a complete and healthy community and does not contribute to the walkability of the area, as the intent is an auto oriented use, rather than a pedestrian oriented use. Environmental Planning Comments: No Natural Heritage concerns. There are no trees on the property, therefore no Tree Management Policy compliance issues. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Please provide a pollution prevention plan as this use seems to be part of the High Risk Site Activities listed in the attachment. Parks and Cemeteries/Forestry Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. 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. Page 188 of 303 PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 189 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 190 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 191 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 192 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 193 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Brian Bateman, Senior Planner, 519-783-8905 WARD(S) INVOLVED: 3 DATE OF REPORT: August 6, 2025 REPORT NO.: DSD -2025-336 SUBJECT: Minor Variance Application A2025-087 980 and 1018 Hidden Valley Road RECOMMENDATION: That Minor Variance Application A2025-087 for 980 and 1018 Hidden Valley Road requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.15.6 b) to permit Model Homes on Units, 1, 2 and 3 in a Draft Approved Plan of Vacant Land Condominium instead of a Draft Approved Plan of Subdivision; and ii) Section 7.3, Table 7-2, to permit an exterior side yard setback of 4 metres instead of the minimum required 6 metres; as shown on a plan prepared by J.D. Barnes Limited, dated April 28, 2025, to facilitate the development of three (3) Model Homes in Draft Plan of Vacant Land Condominium Plan 30CDM-23204, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to assess a request to allow model homes in a Vacant Land Condominium (VLC) and an exterior side yard setback of 4 metres instead of 6 metres. • The key finding of this report is a VLC is like a Draft Plan of Subdivision where the City permits a model home to be erected in advance of registration so by allowing it in a VLC would not compromise the City's direction and policy in this regard. • 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 194 of 303 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. BACKGROUND: 1018 and 980 Hidden Valley Road (see Figure 1) are proposed to be developed as a Vacant Land Condominium (See Figure 2), with 26 units proposed to be accessed from a private street. The private street is a crescent that connects Hidden Valley Road in two locations. This property was subject to a recent Site Plan Approval (Site Plan Application SP24/028/H/BB — see Figure 3). Draft approval for a Vacant Land Condominium (VLC) has also been received (Draft Condominium 30CDM-23204). Figure 1 — Photo of Subject Lands Page 195 of 303 Figure 2 — Draft Plan of VLC 30CDM-23204 Previous planning applications for the subject lands also included an Official Plan Amendment (Application No. OPA23/010/H/BB, approved as OPA No. 46) and Zoning By- law Amendment (Application No. ZBA23/006/H/BB, approved as By-law Number 2024- 06). The subject lands are currently zoned `Low Rise Residential One Zone (RES -1)' with Site Specific Provision (389) in Zoning By-law 2019- 051. Site specific Provision (389) permits a Minimum Side Yard Setback of 2 metres and a Minimum Front Yard Setback to a habitable portion of a dwelling of 4.5 metres. Per regulation 4.4.2 of the Zoning By-law, once the VLC is registered, the units will be considered lots for zoning purposes. Page 196 of 303 ND ©� s XI B F ay r R rR� i .� r.®o-sWs—r�e qIF ua, I�€41 r �� �� pFyEssiix�� ylzY DRAFT PLAN OF VACANT LAND CONDCSMINIUM F1VRelF7�ryRFf_* .. Figure 2 — Draft Plan of VLC 30CDM-23204 Previous planning applications for the subject lands also included an Official Plan Amendment (Application No. OPA23/010/H/BB, approved as OPA No. 46) and Zoning By- law Amendment (Application No. ZBA23/006/H/BB, approved as By-law Number 2024- 06). The subject lands are currently zoned `Low Rise Residential One Zone (RES -1)' with Site Specific Provision (389) in Zoning By-law 2019- 051. Site specific Provision (389) permits a Minimum Side Yard Setback of 2 metres and a Minimum Front Yard Setback to a habitable portion of a dwelling of 4.5 metres. Per regulation 4.4.2 of the Zoning By-law, once the VLC is registered, the units will be considered lots for zoning purposes. Page 196 of 303 WE STATSTRS znreg aa:sl wmi 545pedF P�wis®n 505 WRAn 27251.0 - aA ft Pg I5,G E =- LMlGWA0 17152 ';,%I 50EaO. Mi 0671n ' 2. LM MM wffl M AWARER DFM_ors bila !I03MAPPRCM M.00YSW OO PRIM TO '. WSTEMMJ49 SE Vcm N1EIbMLLT FOR 5NDi Mar UWL PHX-F P FEF oNM hIT9 00. 6 REC MTKM ornE 4CMr LMO DADOWAN 6 RMAVO P" M POW IS5i6r1DE "E'"ED1 I SITE PLAN APPLICATION No. SP241028/FWB SITE PLAN 1$® T 5RIi�LUTi RT1,ST kRSCAMP9�1) PLAN 1519 /MD EVAYA DEVELOPMENTS INC. 980 AND 1018 HIDDEN VALLEY ROAD SCALE : ZOW City of KitchenerW ME Figure 3 — Approved Site Plan By-law No. 2025-062 — OPA No. 64 Official Plan Amendment OPA24/005/K/CM; and By- law No. 2025-063 - Zoning By-law Amendment Application ZBA24/008/K/CM Hidden Valley Land Use Master Plan Implementation City of Kitchener was recently approved by Council. The Official Plan and Zoning came into effect on May 26, 2025. 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. Policy 15D.12.2 of the OP has been amended through OPA 64 to recognize the lot width and areas of the approved VLC for the subject lands. Hidden Valley Road at this location is a designated `Heritage Corridor'. The zoning remains `RES -1 (389') in Zoning By-law 2019- 051 secured through the private amendment in 2023. The applicant is requesting two variances- 1. relief from Section 4.15.6 b) of Zoning By-law 2019-051 to permit Model Homes in a Draft Approved Plan of Vacant Condominium instead of a Draft Approved Plan of Subdivision and 2. relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an exterior side yard setback of 4 metres instead of the minimum required 6 metres, to facilitate the development of 3 Model Homes in Draft Approved Vacant Land Condominium 30CDM-23204. These will be assessed in the ensuing section of this report. Page 197 of 303 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 In the opinion of staff, the proposed variances conform with the general intent and purpose of the Official Plan, which is for the subject lands to be developed with low-density residential uses with larger lotting fabric as per the Low Rise Residential designation. General Intent of the Zoning By-law Section 4.15.6 b) of Zoning By-law 2019-051 permits model homes in a Draft Plan of Subdivision and this is done to allow them to be built in advance of registration of a plan. A VLC for all intents and purposes is a plan of subdivision that is recognized and processed under Section 51 of the Planning Act. Unfortunately, section 4.15.6 b) does not recognize a VLC. Notwithstanding, the Zoning By-law wording specifically references a Draft Plan of Subdivision, and as such, relief is required to address another form of subdivision (Draft Plan of Vacant Land Condominium). For these reasons, and in the opinion of staff, the intent is maintained. Regarding a reduced setback from Hidden Valley Road, the intent of a front and exterior side yard of 6 metres is to provide a sufficient setback to a garage to accommodate a parking space in the driveway in front of the garage. Because this variance is for an exterior side yard and there will be no driveways onto Hidden Valley, a 4 metre setback will not affect landscaping nor sight lines. When the VLC is registered, the exterior side yard setback of 4 metres would apply to two of the 26 lots. Is/Are the Effects of the Variance(s) Minor? The effects are considered minor and help facilitate the construction of model homes to advance home sales leading to registration and further construction. The reduced exterior side yard setback would ultimately apply to two lots within the VLC and will not impact visibility and sight lines nor affect the ability to provide landscaping. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are desirable and appropriate given it would facilitate the construction of housing on lands planned for residential development. Environmental Planning Comments: Ensure that the locations of disturbance for model homes are consistent with the Limit of Development agreed to as part of the previous approval under the Tree Management Policy. Heritage Planning Comments: The properties municipally addressed as 980 and 1018 Hidden Valley Road are located adjacent to the Hidden Valley Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Page 198 of 303 Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. Staff anticipate no adverse impacts to the CHL due to this proposed application and have no comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for a new single detached dwelling on Unit 1. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns. 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 — 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 • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2024-011 — OPA23/010/H/BB and ZBA23/006/H/BB • DSD -2024-292 — Hidden Valley Implementation Page 199 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 200 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 201 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 202 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 203 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Brian Bateman, Senior Planner 519-783-8905 WARD(S) INVOLVED: 10 DATE OF REPORT: August 6, 2025 REPORT NO.: DSD -25-339 SUBJECT: Minor Variance Application A2025-088 — 670 King Street West RECOMMENDATION: That Minor Variance Application A2025-088 — 670 King Street West requesting relief from the following Section 6.4.3, Table 6-4, of Zoning By-law 2019-051, to permit: i) a minimum lot area of 975 square metres instead of minimum required 1,500 square metres; ii) a minimum exterior yard setback of 0 metres along Louisa Street instead of minimum required 3 metres; iii) a minimum interior yard setback of 1.5 metres along the private laneway instead of the minimum required 3 metres; iv) a minimum front yard setback of 2 metres along King Street West for Storeys 7 and above instead of the minimum required 6 metres; v) a minimum exterior yard setback of 2 metres along Louisa Street for Storeys 7 and above instead of the minimum required 6 metres; vi) a minimum rear yard setback of 5 metres for Storeys 7 and above instead of the minimum required 6 metres; and, vii) a minimum interior yard setback of 3 metres along the private laneway for Storeys 7 and above instead of the minimum required 6 metres; to facilitate the development of an 8 storey mixed use building having 75 dwelling units, in accordance with Conditionally Approved Site Plan Application SPF25/004/K/BB, BE APPROVED, subject to the following conditions: 1. That the Owner shall prepare a Noise Impact Study, prepared by a qualified consultant. The Owner shall submit the study for review and satisfaction of Metrolinx. The Owner may obtain Metrolinx's most up-to-date rail forecast data by submitting a request to raildatarequests(a-)metrolinx.com. Prior to Final Site Plan Approval, Metrolinx shall review and approve the final Noise *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 204 of 303 Study and any recommended mitigation measures should be adhered to for Final Approval. 2. That the Owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property at the Owner's expense. 3. That the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: "Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units." REPORT HIGHLIGHTS: • The purpose of this report is to assess a request to vary the Zoning By-law to facilitate the development of an 8 -storey mixed-use building. • The key finding of this report is that to optimize re -development on an irregular shape parcel of land with limited opportunity for land consolidation, several variances are required. • 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. BACKGROUND: The subject property has an approximate lot area of 1,156.0 square metres, with approximately 44.0 meters of frontage along King Street West, and a flankage of 41.0 meters along Louisa Street to the north, forming a distinct "flatiron" shape. The site is currently occupied by a one -storey commercial plaza with a surface parking lot (see Figures 1 and 2) Page 205 of 303 Figure 1 — Aerial Photograph of Subject (outlined in red) and Surrounding Lands Page 206 of 303 t At K �I�✓� ZVr - �_��r�» ��:�a YH w�r✓ar..R� rr�l�a����o>rr�b�s 67 '�. �� FFi•i ��� l� HT'l Hili���i�� �1�11»������ � son �fi li����e�FF lY�H1�4��fIfJ�H tri . �ilFs#[int »F®HrFlf�ilr•F arm � ���»' ir�!♦i�le-+a iY�AH�l�w�� !'�F rYfu�^!�� ���/���1�1>1��� ��1llwwfltili'!r!!�=Y ls1i�! �!�#�ellMH �1�l�{I II�P� � a!!�:l�iF�II�.aH!!rFl ��llF�i 1 M vi - + Figure 2 — Photo of Existing Building Facing Louisa Street The surrounding neighbourhood contains a mix of residential, commercial, institutional, and employment uses. To the east, west, and north of the subject property consists primarily of single -detached dwellings, except for the six -storey mid -rise development (The Midtown Lofts) directly West. The King Street corridor has rapidly transitioned into a high- density corridor, while maintaining low-rise neighbourhood character along adjoining side streets. The proposed development (see Figures 3 and 4) contemplates an eight (8) storey mixed- use building with a total of 75 dwelling units and 253 square metres of commercial space on the ground floor. The site layout is organized to optimize the flatiron -shape lot, with primary frontages along King Street West and Louisa Street. The laneway will be retained and a total of five (5) parallel parking spaces for visitors are provided. Because this property is within a Major Transit Station Area, no parking is required. To facilitate this development on an irregular shaped property, several variances are required as detailed in the Recommendation section above. Page 207 of 303 LOUISA STREET SITE PLAN o0 5 FIVE POINT COMMUNITIES INC. sCALE1,a0o 570 KING ST, W KITCHENER PATE; l7n—b-•30.202& Figure 3 — Approved Site Plan L nNew,tr S1TE STATISTICS ZonlnS} r.A,2 0 ) W Pana- W5,D58ma{after w{d.1gj adldbraCwar®3a- s3n,3e [ 1 La,d,ednraa tspn'Its�1Ht� Anhalt?Hard SuM a Aram QV P) ParkIM d2q.il-0 Par m'mti♦derl5 11SIta 5 P"rvg Sp— f tlrlmum DlmanS" 20m x B.Tm MULTI -R ES IDEVTIAL Nureherof L�11¢T5 Nuraher gF'Asl�nr Spawn- 5 Fpm Space Hetlo- 3,3 COMMERCIAL Total GMS Floor A ma-3xr it NOTE: ALL ASPHALT AREAS TO BE DEFINED WITH 0,15M HIGH POURED CONCRETE CURBING RFVISFG: ISITE PLAN APPLICATION No. SP2410041K/BB City of Kitchener ChD =1LE: L'EVELOPMENT SERVICES DEPARTMENT SPF25"4K.-'XC- Page 208 of 303 t �i� �1 l� SITE PLAN o0 5 FIVE POINT COMMUNITIES INC. sCALE1,a0o 570 KING ST, W KITCHENER PATE; l7n—b-•30.202& Figure 3 — Approved Site Plan L nNew,tr S1TE STATISTICS ZonlnS} r.A,2 0 ) W Pana- W5,D58ma{after w{d.1gj adldbraCwar®3a- s3n,3e [ 1 La,d,ednraa tspn'Its�1Ht� Anhalt?Hard SuM a Aram QV P) ParkIM d2q.il-0 Par m'mti♦derl5 11SIta 5 P"rvg Sp— f tlrlmum DlmanS" 20m x B.Tm MULTI -R ES IDEVTIAL Nureherof L�11¢T5 Nuraher gF'Asl�nr Spawn- 5 Fpm Space Hetlo- 3,3 COMMERCIAL Total GMS Floor A ma-3xr it NOTE: ALL ASPHALT AREAS TO BE DEFINED WITH 0,15M HIGH POURED CONCRETE CURBING RFVISFG: ISITE PLAN APPLICATION No. SP2410041K/BB City of Kitchener ChD =1LE: L'EVELOPMENT SERVICES DEPARTMENT SPF25"4K.-'XC- Page 208 of 303 :..�• u , 11 � Ma 1 1� h 7 a ° All' 1 l.11ll�All in'- '—I s Figure 4 - Proposed Building Elevation Drawings The subject property is designated `Strategic Growth Area A' in Map 3 (Land Use) of the City of Kitchener Official Plan (Official Plan). As per Section 15.D.2 of the Official Plan, Strategic growth area land use designations are applied within the Urban Growth Centre and Protected Major Transit Station Areas (PMTSAs). This designation accommodates a range of low and medium density residential housing types, including those permitted in the Low Rise Residential and Medium Rise Residential land use designation. No building will exceed 8 storeys in height and a minimum Floor Space Ratio (FSR) of 0.6 will apply to all development and redevelopment. Section 15.D.2.5 of the Official Plan provides further direction with respect to minor variances as follows: Notwithstanding policies 4. C. 1.8 and 4. C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or amendment to the Zoning By-law, and/or seek to amend this Plan will consider the following factors.- a) actors: a) Compatibility with the planned function of the subject lands and adjacent lands,-, b) Suitability of the lot for the proposed use and/or built form,- c) orm,c) Lot area and consolidation as further outlined in Policy 3.C.2.11; d) Compliance with the City's Urban Design Manual and Policy 11. C. 1.34; e) Cultural heritage resources, including Policy 15.D.2.8, and f) Technical considerations and other contextual or site specific factors. Page 209 of 303 Criteria a) through f) are assessed in the ensuing section. 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 subject lands are designated `Strategic Growth Area A'. The proposed eight -storey mixed-use development, together with the proposed minor variances, aligns with the planned function by supporting intensification, compact built form, and a transit -oriented structure. The lot's flatiron shape, frontage along both King Street West and Louisa Street and abutting a stable residential area make it suited for a contextual and site sensitive mixed-use mid -rise building such as this one. Policy 3.C.2.11 encourages the consolidation of properties to enable comprehensive planning, enhanced site configuration, provision of amenities, and improved land use and design efficiency. Lot area reduction is discouraged where such a reduction may compromise intensification. In this case, the subject property is an existing parcel that predates the current Zoning By-law provisions. The lot is bounded by public rights-of-way and stable developed parcels, leaving little opportunity for consolidation or expansion. The proposed development represent an efficient and intensified use of the site that optimizes its potential while maintaining appropriate massing, providing private and common amenity areas, and accommodating all required servicing and functional design elements. As such, the variances enables a built form that fulfills the broader intensification goals of the Official Plan without requiring additional lot consolidation. The proposed development received Conditional Site Plan Approval on June 10, 2025. Through that process the proposal was evaluated by Urban Design staff for compliance with the City Urban Design Guidelines. Design issues were addressed prior to the issuance of conditional approval. Further design evaluation will occur through the detailed design review. The subject lands are not listed or designated under Part IV or V of the Ontario Heritage Act, nor are they identified as containing or abutting cultural heritage resources under the City's Heritage Register. As such, the proposed development and requested variances do not impact cultural heritage considerations The application has undergone a technical review through the Site Plan process, and no technical concerns were identified. In conclusion, staff are of the opinion that the general intent and specifically 15D.2.5 of the Official Plan are met. Page 210 of 303 General Intent of the Zoning By-law In the opinion of staff, the general intent of the minimum lot area, minimum interior and exterior side yard setbacks, minimum front yard and exterior side yard setback for a building 7 storeys or more is being met for the following reasons: The intent of these regulations are to ensure that a property has sufficient space to support appropriate land use functions, maintain compatibility with surrounding development, and uphold orderly urban growth. Given the irregular lot configuration and limited opportunity for lot consolidation and proximity to adjacent stable residential, it is very challenging and nearly impossible to meet these regulations that promote a more intensive, compact urban building form without asking for relief. Zoning assumes a perfectly rectangular property but that is often not the case and a reason why variances are often warranted. Is/Are the Effects of the Variance(s) Minor? In the opinion of staff, the effects are minor. While it is acknowledged that there are several variances, the impact of these collectively are negligible and are required to facilitate a development on an irregular shaped. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? In the opinion of staff, the variances are desirable and appropriate for the use of land. The Official Plan and zoning encourages compact infill development and efficient land use. To achieve this, the design maximizes the space available on an irregular shaped plot of land and balancing that with good design, functional layout, servicing and minimizing impacts on adjacent properties. The variances are required to facilitate an appropriate and balanced design. Environmental Planning Comments: No concerns. Tree Management Policy compliance addressed at Site Plan Application.. Heritage Planning Comments: The property municipally addressed as 670 King Street West has no heritage status. However, it is located adjacent to the Mt. Hope/Breithaupt Neighborhood Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The proposed application is not anticipated to have any adverse impacts to the adjacent CHL. As such, staff have no comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the new apartment building is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions. Engineering Division Comments: No concerns. Page 211 of 303 Parks and Cemeteries/Forestry Division Comments: All Parks requirements will be addressed through SPF25/004/K. Transportation Planning Comments: No concerns. Metrolinx Comments: Metrolinx is in receipt of the Minor Variance application for 670 King Street, Kitchener to construct an eight -storey mixed use building with adjusted setbacks, as circulated on July 25th, 2025, and to be heard at Public Hearing on August 19th, 2025. Metrolinx's comments on the subject application are noted below: • The subject property is located within 300m of the Metrolinx Guelph Subdivision, which carries Metrolinx's Kitchener GO Train service. GO/HEAVY-RAIL -ADVISORY COMMENTS • Be advised Metrolinx is a stakeholder that has previously provided comments on the comprehensive application, including a previous site plan application. Any previous comments/requirements provided by Metrolinx and/or our Technical Advisors are still applicable. o Conditions affiliated with Site Plan Application No. SPF25/004/K remain outstanding. • Please be advised that Metrolinx/ our Technical Advisor would continue to be a stakeholder providing comments on the comprehensive application of this site should future development be contemplated. Please continue to engage Metrolinx should future developments be contemplated on the subject site. Planning Staff Response: Staff advise that in response to the circulation of the Site Plan Application that occurred earlier this year, Metrolinx advised Planning of a need for a Noise Study, Environmental Easement and Warning Clauses. Under Section 41 (Site Plan Approval) of the Planning Act, municipalities do not have the authority to implement such measures. As such, these conditions were not included. However, through Minor Variance municipalities can impose conditions that are related to the variances and are reasonable. Accordingly, staff have opted to include them as conditions of minor variance approval. The only other option to secure these conditions is through a potential future Condominium application. Condominium approval falls under section 51 (Plan of Subdivision) of the Planning Act. The following comments were received with respect to Site Plan Application SPF25/004/K: The proposed development is subject to a Noise Impact Study, prepared by a qualified consultant. The proponent shall submit the study for review and satisfaction of Metrolinx. The proponent may obtain Metrolinx's most up-to-date rail forecast data by submitting a request to raildatarequests(a-)-metrolinx.com. Prior to site plan approval, Metrolinx shall review and approve the final Noise Study and any recommended mitigation measures should be adhered to for approval. Page 212 of 303 2. That the Owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 3. That the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: "Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units." The Owner shall be responsible for all costs for the preparation and registration of agreements/undertakings/easements/warning clauses as determined appropriate by Metrolinx, to the satisfaction of Metrolinx. 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. Page 213 of 303 PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 214 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 215 of 303 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. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 216 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 217 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 218 of 303 � METROLINX BY EMAIL ONLY TO: Kitchener Committee of Adjustment 200 King Street W, Kitchener, ON N2G 4G7 DATE: August 8t", 2025 RE: Adjacent Development Review: A-2025-088 670 King Street, Kitchener, ON Minor Variance Dear Committee of Adjustment, Metrolinx is in receipt of the Minor Variance application for 670 King Street, Kitchener to construct an eight -storey mixed use building with adjusted setbacks, as circulated on July 25t", 2025, and to be heard at Public Hearing on August 19t", 2025. Metrolinx's comments on the subject application are noted below: The subject property is located within 300m of the Metrolinx Guelph Subdivision, which carries Metrolinx's Kitchener GO Train service. GOMEAVY-RAIL - ADVISORY COMMENTS • Be advised Metrolinx is a stakeholder that has previously provided comments on the comprehensive application, including a previous site plan application. Any previous comments/requirements provided by Metrolinx and/or our Technical Advisors are still applicable. o Conditions affiliated with Site Plan Application No. SPF25/004/K remain outstanding. • Please be advised that Metrolinx/ our Technical Advisor would continue to be a stakeholder providing comments on the comprehensive application of this site should future development be contemplated. Please continue to engage Metrolinx should future developments be contemplated on the subject site. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Jenna Auger Project Analyst, Adjacent Construction Review Metrolinx 20 Bay Street I Toronto I Ontario I M5J 2W3 :X-- METROLINX Page 219 of 303 ems. Cm=1. -1 1 - .. 1]D240aa-6113 pv$ Yen 11l ".1"44;LK rs, oars 9;X is AM lmm" a. dwt often gt—A from L t's'_mrr Ismail Ortnrk August 15. 2035 Committee of Adjustment City of Aitrt,r Kitchener- ON Bear Members of the Committee of Adjustment Thank )vu for the oppmtuntty to provide a submumon regarding the proposed desmlop®em at 670 Karg Street West My name is Ismail OzftW and I am a residEm of Lmnsa Street I would like to begin by stalmg my support for the &welopment and improwmed of this parcel of land I am pleased to see investment m our neLghb 9,.ticod ihl ile I support the prajed in principle, l have a few comments for the Committees consideration. I oust the Committee will make a fair and balanced decision thin comidm the interests of all stakeholders. Recommendations for Consideration My reoommendanmss are as follows: I- Preserratiou of the Tree Canopy on Lonisa Street: I ask the Committee to entire that sufficient municipally -owned land vs retained along Lemsa Street to rimer protect the ecisteng mature trees or to accommodate the planting of new ores post-comouction A healthy tree canopy is %gtal to the character of our residential street 2. I'ehirmbr Access Point: To mumnar traffic impact on tine residential portion of our mighbauhood I request that the primary• vehicular access to the new building be [muted exchrsiiely on the King Street side of the property- 3- Building Farrade and ]fateiah: I encourage a design that incorporates redbrick fa the facade of the first two floors. This design choice would create a pleasing aesthenc and a smooth transition from the commercial corridor of King Street to the adjacent residential areas. The nearby Station Pari detelopmem is an excellent example of how this can be executed suce sSrBy- Thank tv far tvrn tine and for consiiderng my inert m this matter. I am mufident m the Committee's abdity to oversee a project that will be a posrhvr addition to the community. R.espee fuB}- submrttel, I—aal Oznrk iliaM agEM Lag �yT.' f..•'�� y , Page 220 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 5, 2025 REPORT NO.: DSD -2025-342 SUBJECT: Consent Applications B2024-039 and B2024-040 120 Keewatin Avenue RECOMMENDATION: A. Consent Application B2024-039 — 120 Keewatin Avenue That Consent Application B2024-039 for 120 Keewatin Avenue requesting consent to sever a parcel of land having a lot width on Keewatin Avenue of 7.9 metres, a lot depth of 30.6 metres and a lot area of 247.4 square metres and to create an easement having a width of 1.5 metres and a depth of 2.9 metres at the front of the building where the common wall is not shared for the purposes of access and maintenance in favour of Parcel 'B' on the plan for severance, prepared by Guenther Rueb Surveying Limited, BE APPROVED subject to the following conditions: 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. 2. 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. 3. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 221 of 303 4. That the Owner provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line. 5. 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 Director, Development and Housing Approvals: 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. 6. 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. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. 9. 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. 10. 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. 11. 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. Page 222 of 303 12. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 13. That at the sole option of the City's Director, Development and Housing Approvals, the Owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Director, Development and Housing Approvals, which shall include the following: a) That the Owner shall prepare a Tree Preservation and Enhancement Plan for the Severed and Retained lands, in accordance with the City's Tree Management Policy, to be approved by the City's Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. 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. If necessary, the plan shall include required mitigation and or compensation measures. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Manager, Site Plans. c) The owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 14. That prior to final approval, the owner/applicant submits the Consent review fee of $350.00. 15. That prior to final approval, the owner/applicant enters into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements, and condominium declarations: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." B. Consent Application B2024-040 —120 Keewatin Avenue That Consent Application B2024-040 for 120 Keewatin Avenue requesting consent to sever a parcel of land having a lot width on Keewatin Avenue of 7.6 metres, a lot depth of 32 metres and a lot area of 253.3 square metres and to create an easement having a width of 1.5 metres and a depth of 2.9 metres at the rear of the building where the common wall is not shared for the purposes of access and maintenance in favour of Parcel `A' on the plan for severance, prepared by Guenther Rueb Surveying Limited, BE APPROVED subject to the following conditions: Page 223 of 303 1. 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. 2. 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. 3. 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. 4. That the Owner provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line. 5. 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 Director, Development and Housing Approvals: 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. 6. 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. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. Page 224 of 303 9. 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. 10. 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. 11. 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. 12. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 13. That at the sole option of the City's Director, Development and Housing Approvals, the Owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Director, Development and Housing Approvals, which shall include the following: a) That the Owner shall prepare a Tree Preservation Plan for the severed and retained lands, in accordance with the City's Tree Management Policy, to be approved by the City's Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. 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. If necessary, the plan shall include required mitigation and or compensation measures. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Manager, Site Plans. c) The owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 14. That prior to final approval, the owner/applicant submits the Consent review fee of $350.00. 15. That prior to final approval, the owner/applicant enters into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements, and condominium declarations: Page 225 of 303 "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." REPORT HIGHLIGHTS: • The purpose of this application is to sever two parcels of land for an existing semi- detached dwelling which has been updated to also include the easements for maintenance purposes so that each parcel of land can be sold and serviced independently. The construction of a new single detached dwelling on the retained lands would replace an existing single detached dwelling that has been damaged by fire. • The key finding of this report is that the requested severances meet the criteria of the Planning Act and Provincial, Regional and City policies • 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. BACKGROUND: The subject property is located on the northwest corner of Lackner Boulevard and Keewatin Avenue. Figure 1 - Location Map of 120 Keewatin Avenue Page 226 of 303 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 property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to sever two parcels of land which include the easements for maintenance purposes so that each parcel of land can be sold and serviced independently. The retained parcel of land will permit the future construction of a new single detached dwelling. These applications were heard at the December 10, 2024 Committee of Adjustment meeting and at that time Committee deferred the applications because the foundation of the semi-detached building had not yet been poured and there was not a severance sketch prepared by an Ontario Land Surveyor to verify the lot sizes and location of the foundation relative to the proposed new lot lines. This was the motion and Decision of the Committee: "That the application of DRAGO SINDJIC and GUY FUROY requesting permission to sever a parcel of land (identified as Parcel B on the plan submitted with the application) having a width of 7.5m, a depth of 31.5m and an area of 230 sq.m. which is proposed to contain a new semi-detached dwelling, on Lot 34, Plan 1515, 120 Keewatin Avenue, Kitchener, Ontario, BE DEFERRED until December 9, 2025, or earlier to allow the applicant an opportunity to construct the proposed dwellings prior to severance of the lot; and, for the applicant to address safety concerns related to the lot being in close proximity to a busy road intersection" Since this time, the foundation of the semi-detached dwelling has been poured, as confirmed by a survey prepared by an Ontario Land Surveyor. The Recommendation in this staff report reflects updated lot widths, depths and areas of the Severed Parcels as noted on the severance sketch prepared by Guenther Rueb Surveying Limited. Upon receipt of the survey, it was also noted that the semi-detached dwelling was constructed with offset walls which was not noted on the original applications considered in December 2024. Deferral of the Applications permitted the identification of required maintenance easements where the walls of the semi-detached dwelling are offset along the common lot line. The Applications have been updated accordingly to reflect these easements. Furthermore, Transportation staff has examined the driveway locations relative to Lackner Boulevard and has expressed no concern from a safety perspective. Page 227 of 303 Figure 2 — Severance Sketch Submitted with December 2024 Consent Applications Figure 3 - View of Semi -Detached Dwelling (July 30, 2025) Page 228 of 303 Figure 5 - Surrounding Neighbourhood Lot Fabric Page 229 of 303 I �� I 1 s 4 assn ' r N{LS'aa�Y [ � 1 R a 1� a r f �r r � � I r \\ N I I f 41 `I I I s I P � •16 I I I a r • t 4j a 1 r � 1di � I I � 9179 R � HYetl KEEWADN AVENUE Figure 4 - Lotting Fabric and Easements Figure 5 - Surrounding Neighbourhood Lot Fabric Page 229 of 303 REPORT: Planning Comments: 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 infill severance applications are consistent with the Provincial Planning Statement in general and as it related to housing policies in Chapter 2 regarding intensification and facilitating housing options. Section 2.2 1 (b) 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. 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 lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical and community infrastructure required for the proposed residential development, including transportation networks, municipal water and wastewater systems, and a broad range of social and public health services. Regional polices 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. Staff are satisfied that the proposed severance applications adhere to these policies and conforms 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 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; Page 230 of 303 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; 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 two (2) severed and one (1) retained lots satisfy the minimum zoning requirements for lot width and lot area and the proposed dwellings adhere to the minimum required yard setback requirements. The proposed lots also reflect the general scale and character of the established development pattern for this area as shown in Figure 4. There are existing semi-detached dwellings across the street on Keewatin Avenue and nearby on Georgian Street. Finally, the lots have suitable frontage on a public street, access to full municipal services, do not restrict development of adjacent properties, and do not require a plan of subdivision. As such, staff are satisfied that he proposed severances conform to the City of Kitchener Official Plan. Zoning By-law 2019-051 The property is zoned 'Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The property also falls within 'Appendix D - Established Neighbourhoods Area' in Zoning By-law 2019-051. The proposed dwellings meet the minimum lot area and lot width requirements. The proposed dwellings are also zoning compliant for minimum required yard setbacks. 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 are desirable and appropriate. Environmental Planning Comments: Standard condition, to be applied to both the severed and retained parcels, to enter into an agreement to complete a Tree Preservation Enhancement Plan prior to any tree removal or building permit /grading/servicing etc. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: 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. Permit(s) have been issued for the demolition of the existing building, as well as construction of the new residential buildings. Page 231 of 303 Engineering Division Comments: • 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, storm 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 occupying 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. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal oFoundation drains shall drain to a sewer, drainage ditch or dry well. oA side yard swale is not considered a drainage ditch. • The side yard currently accommodates overland stormwater flows from the rear yard. 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. Engineering requires a minimum 1 metre swale centered on property line. Therefore, the walkway to the side door cannot encroach within 0.5 metres from property line towards the house. Parks/Operations Division Comments: Cash -in -lieu of park land dedication will be required on the severed parcel A 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 7.5 metres at a land value of $36,080.00 per frontage metre, which equals $13,530.00. In this case, a per unit cap of $11,862.00 has been applied. Transportation Planning Comments: Transportation Services have no concerns with these applications. Region of Waterloo Comments: The purpose of the application is to facilitate a severance to create two lots for a future semi-detached dwelling units and retain one future single detached dwelling. The first proposed severed lot is 0.022 hectares in size and the second proposed lot is 0.023 hectares in size. The proposed retained lot will be 0.078 hectares. Vehicular access for the lots will be off Keewatin Avenue. Page 232 of 303 The applications were previously deferred and the only revisions at this time are with regards to easements required by the City. No changes have occurred otherwise to the proposal Regional Fee: Regional staff have not received the required consent review fee for these applications which is $350.00 per application (total $700.00). Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Environmental Noise: Regional Staff note the proposed development may encounter environmental noise sources due to Lackner Boulevard (Regional Road #54). It is the responsibility of the Owner/Developer to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, Regional Staff had previously noted an Environmental Noise Study was required in Regional comments issued on November 25, 2024. Upon further review, the Region amends the previous comments and note that in lieu of the Environmental Noise Study that the owner/applicant is required to enter into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements and condominium declarations: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Regional Staff also acknowledge that the application was circulated to Regional Airport Staff given the site is partially located within the TZR but no issues were identified. Please note that a new access to Lackner Boulevard would not be permitted and Regional Staff are in agreement with the approach that all accesses are to be onto Keewatin Avenue. Regional Staff has no objections to the proposed consent applications subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350 per application (total $700.00) to the Regional Municipality of Waterloo. 2. That prior to final approval, the owner/applicant enters into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements, and condominium declarations: Page 233 of 303 "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." 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 Page 234 of 303 Region of Waterloo Connie Owen Administrative Clerk, Legislative Services Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Dear Ms. Owen: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Matthew Colley (519) 577-6241 File: D20-20/2/25KIT August 12, 2025 Re: Comments on Consent Application — B2024-039, B2024-040 and B2025-022 through B2025-025 Committee of Adjustment Meeting August 19, 2025 City of Kitchener B2024-039 and B2024-040 120 Keetwatin Avenue Guy Furoy and Drago Sindjic The purpose of the application is to facilitate a severance to create two lots for a future semi-detached dwelling units and retain one future single detached dwelling. The first proposed severed lot is 0.022 hectares in size and the second proposed lot is 0.023 hectares in size. The proposed retained lot will be 0.078 hectares. Vehicular access for the lots will be off Keewatin Avenue. The applications were previously deferred and the only revisions at this time are with regards to easements required by the City. No changes have occurred otherwise to the proposal Regional Fee: Regional staff have not received the required consent review fee for these applications which is $350.00 per application (total $700.00). Document Number: 5041476 Version: 1 Page 1 of 4 Page 235 of 303 Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Environmental Noise: Regional Staff note the proposed development may encounter environmental noise sources due to Lackner Boulevard (Regional Road #54). It is the responsibility of the Owner/Developer to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, Regional Staff had previously noted an Environmental Noise Study was required in Regional comments issued on November 25, 2024. Upon further review, the Region amends the previous comments and note that in lieu of the Environmental Noise Study that the owner/applicant is required to enter into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements and condominium declarations: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " Regional Staff also acknowledge that the application was circulated to Regional Airport Staff given the site is partially located within the TZR but no issues were identified. Please note that a new access to Lackner Boulevard would not be permitted and Regional Staff are in agreement with the approach that all accesses are to be onto Keewatin Avenue. Regional Staff has no objections to the proposed consent applications subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350 per application (total $700.00) to the Regional Municipality of Waterloo. 2. That prior to final approval, the owner/applicant enters into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements, and condominium declarations: a. "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the Document Number: 5041476 Version: 1 Page 2 of 4 Page 236 of 303 sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." B2025-022 825 Stirling Avenue South 825 Stirling Developments Inc. The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00. Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Regional Staff has no objections to the proposed consent application subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 to the Regional Municipality of Waterloo. B2025-023 220 Heiman Street 220 Heiman Development Inc. The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00. Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Document Number: 5041476 Version: 1 Page 3 of 4 Page 237 of 303 Regional Staff has no objections to the proposed consent application subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 to the Regional Municipality of Waterloo. B2025-024 and B2025-025 17 Downey Street Jon Crummer The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00 per application (total $700.00). Regional Staff has no obiections to the proposed consent applications subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 per application (total $700.00) to the Regional Municipality of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. 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. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, MCIP, RPP Senior Planner, Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 5041476 Version: 1 Page 4 of 4 Page 238 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 239 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 240 of 303 Alison Fox From: LANDUSEPLANNING <LandUsePlanning@HydroOne.com> Sent: Thursday, August 7, 2025 11:26 AM To: Committee of Adjustment (SM) Subject: Kitchener - 120 Keewatin Avenue - B 2024-039 and B 2024-040 Hello, We are in receipt of your Application for Consent, B 2024-039 and B 2024-040 dated 2025-07-11. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com� Please select "Search" and locate the address in question by entering the address or by zooming in and out of the map. Page 241 of 303 ■•■ son MENU HELP SEARCH Customers Affected. 0 >5000 0501-5000 0 51-500 0 21-50 =20 0 Multiple () Crew T F ENG Service � Ottaw Huntivolle 417 d17 40� 11 a 6 � � 41b 4 or{Ilia Kawartha aoa � Calces 15 ° Pei jbrouo KIS_ Belleville i rince Edwar Watertown ' . . 40 ' 4 ° Brarrlptoria Toronto . a a ° chererMlssisSau(to g arro Hamilton GO gl c Rochester ' 403 Map data x.2019 Google 5G km L: --j Terms of Use F If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e- mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thankyou, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanning@HydroOne.com 2 Page 242 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523 WARD(S) INVOLVED: 8 DATE OF REPORT: August 12, 2025 REPORT NO.: DSD -2025-328 SUBJECT: Consent Application B2025-022 — 825 Stirling Avenue South RECOMMENDATION: That Consent Application B2025-022 for 825 Stirling Avenue South requesting consent to sever a parcel of land having a lot width of 7.6 metres on Stirling Avenue South, a lot depth of 45.7, metres and a lot area of 348.6 square metres, BE APPROVED subject to the following conditions: 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. 2. 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. 3. 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. 4. That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 243 of 303 5. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. 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. 7. 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. 8. 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. 9. 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. 10. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 11. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to review a Consent Application to permit each side of a Semi -Detached Dwelling, currently under construction, to be dealt with independently. Each side of the semi-detached dwelling under construction is proposed to contain three Additional Dwelling Units for a total of 4 dwelling units in each half. • 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. BACKGROUND: The subject property is located on the eastern side of Stirling Avenue South, a short distance north of the intersection with Avalon Place. The subject property is currently 700 square metres in area, with a frontage of roughly 15 metres on Stirling Avenue South. The Page 244 of 303 semi-detached dwelling proposed for the subject property is currently under construction, having previously featured a single detached dwelling. � � ..tf' •^s®i�... !!F'��' r'�,�, �`� y- � � icy+. - .. ON Figure 1 - Site Aerial (Site Outlined In Red) Page 245 of 303 Figure 2 - View From Street (Taken August 5, 2025) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. Page 246 of 303 Figure 3 - City Of Kitchener Official Plan (Red Dot Is Site Location) The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. 1 _ HC.1 RES Q o � r C Figure 4 - Zoning By -Law 2019-051 (Site Outlined In Red) Page 247 of 303 The purpose of the application is to sever the property to facilitate the construction of a semi-detached dwelling. The applicant is requesting consideration of Consent Application B2025-022 to sever a parcel of land having a lot width of 7.6 metres on Stirling Avenue South, a lot depth of 45.7 metres, and a lot area of 348.6 square metres for one half of a new Semi -Detached Dwelling. The lands to be retained will have also have a lot width of 7.6 metres on Stirling Avenue South, a lot depth of 45.7 metres, and a lot area of 348.6 square metres for one half of a new Semi -Detached Dwelling. Each side of the semi-detached dwelling is proposed to have four units (one primary and three Additional Dwelling Units (AD U)(Attached)), for a total of 4 dwelling units in each half of the semi-detached dwelling (i.e. Fourplex). It is noted that the foundation for the future building/dwelling has not yet been surveyed and a Reference Plan and Building Location Survey was not provided and submitted with the Consent Application. Typically, best practices dictate that prior to the Consent of a property proposed to contain an attached dwelling, the foundation is to be set and surveyed so as to accurately capture the new lot line as constructed. The City is cognisant of the construction challenges and excavation costs that this process poses, and as such, will permit Consent Applications to proceed ahead of the foundation being poured and surveyed. The Applicant is submitting this application with confidence that the future foundation will coincide with the proposed lot dimensions and setbacks, no maintenance easements are necessary and is proceeding with the application at this time `at their own risk'. A new condition is proposed to be added to these types of Consent Approvals as follows: "That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line." Should the common wall of the foundation not be located on the common lot line, or the setbacks of the building/dwelling do not meet zoning requirements, the Applicant will be required to rectify and/or submit Committee of Adjustment Applications to resolve the errors and/or deficiencies at their own expense. A Zoning Occupancy Certificate for the proposed use of the Semi -Detached Dwelling, each side to have four (4) dwelling units, was issued on May 2, 2025, with the following comments. Comments: • Curb cut permit needed to confirm new driveway locations. • Show landscaped areas on plan (front and rear yard); indicate ground cover/materials on plan. • Show minimum 1.1 metre unobstructed walkways on plan (to side entrances). • Show proposed parking spaces (2.6 metres x 5.5 metres) on plan. Page 248 of 303 Stair label on plan — show steps, and distance to front/side property line Show required bike parking — 2 Class C Bicycle Parking Stalls. Show distance of window wells to property line. The use of the Semi -Detached Dwelling with 3 Additional Dwelling Units (ADU)(Attached) in each half is permitted provided all the comments can be addressed. Full Zoning Compliance will need to be provided at the time of Building Permit Application. REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) The PPS 2024 provides policy direction on matters of provincial interest related to land use planning and development. Section 2.1.6 of the PPS 2024 promotes the achievement of complete communities by accommodating an appropriate range and mix of land uses, housing options, transportation options, with multimodal access, employment, public service facilities, and other institutional uses, recreation, parks and open space, to meet long term needs. Section 2.2 1 (b) 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, and all types of residential intensification. The application to sever the property, facilitating the construction of a semi-detached dwelling with a total of eight units, will contribute to the mix of housing options in the City. Staff are satisfied that the proposed severance application is consistent with the PPS 2024, as it relates to intensification and facilitating housing options. 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 lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. Policy 2.C.2.2.e) directs for the City to provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes. The application to sever the property, facilitating the construction of a semi-detached dwelling with a total of eight units, will contribute to the mix of housing options available in the Urban Area and Built-up Area of the Region. Staff are satisfied that the proposed severance application adheres to these policies and conforms to the ROP. Page 249 of 303 City's Official Plan (2014) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 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; 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 surrounding area generally consists of a mix of single and semi-detached houses. Semi-detached lots similar to those proposed are located to the south and north of the site along Sterling Avenue South, with several semi detached lots located on Southmoor Drive and Avalon Place. The proposed consent is consistent with the lot pattern in the area and meets policy b) above. Page 250 of 303 782 Ardia Park 16 l6 � LAURENTIAN Figure 5 - Lot Patterns In The Area Staff are satisfied that the proposed severance application adheres to these policies and conforms to the OP. Zoning By-law 2019-051 The subject property is zoned as `Low Rise Residential Five Zone (RES -5)' in Zoning By- law 2019-051. The `RES -5' Zone permits a range of low rise housing types, including semi -detaching houses. The lot dimensions are required to meet the following: Semi -Detached (RES -5) Required Proposed (Proposed lots Compliance? have same dimensions) Minimum Lot Area 210 m2 348 m2 Yes Minimum Lot Width 7.5 m 7.6 m Yes The proposed severed and retained lots both meet the requirements of the `RES -5' zone. No variances are sought as part of this application. 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 are desirable and appropriate. Page 251 of 303 Environmental Planning Comments: Environmental Planning have no concerns with this application. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: 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. Permit(s) have been issued for the demolition of the existing building, as well as construction of the new residential buildings. Engineering Division Comments: • 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, storm 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. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal o Foundation drains shall drain to a sewer, drainage ditch or dry well. o A side yard swale is not considered a drainage ditch. • The side yard currently accommodates overland stormwater flows from the rear yard. 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. Engineering requires a minimum 1 m swale centred on property line. Therefore the walkway to the side door cannot encroach within the 0.5m from property line towards the house. Parks and Cemeteries/Forestry Division Comments: 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 7.62 metres at a land value of $36,080.00 per frontage Page 252 of 303 metre, which equals $13,746.48. In this case, a per unit cap of $11,862.00 has been applied. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: Regional staff have not received the required consent review fee for this application, $350.00. Hydro One We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com) Please select "Search" and locate the address in question by entering the address or by zooming in and out of the map. 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. Page 253 of 303 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 — Severance Sketch Page 254 of 303 Attachment A - Severance Sketch I E - - T SEVERANCE SKETCH FOR PROPERTY AT 825 STIRLING AVENUE CITY OF KITCHENER s REGIONAL MUNICIPALITY CSF WATERLOO I I : -:EI +:'Er 1 44 ' • ---1 STIRLING AVENUE 0 R®IC y ,?52arS uY fz&-S Sym` Cri' ?Ells aiE 0 AM -ZZ AW :AW csnn mw IBJ ft r &r RIE[aNG" Cr axw, r mas !.s.wra rr�{w f�c .wt+gr mcc .s+•t-.- € W2 A'Rr &I k�-v PW lwm4al IN A AP+MsreC• h"}I •�n'P�911�5 Page 255 of 303 i,_ { 1 1 J 1• t I e LZ zI L.J 'IN 22#$1-;12'2# (LT? I PIN 224.'1-U, P7 'LT) F-NW00'00"w 15,26 r-1 —•— —x—M - - T i r 5 f: L_{ 1 I } F E u rl I I E t f PIN 22?91-4134 (LT) I - T I-5'-als7 (Lr', A,l, to 1 .1 f _ _- j.r A.11 -'_— ML++fY1vlryf'li_/xft.l �f L" T E E E E E- _11 I Era E _11 I r -n I P I I II 117111 _ IA i I 1 � I P5sE7C7 i 3 fCN[r 161 yy,j �P..a GiTv`+1 fG 1 I 2 I I i4 I r1 r 44 ' • ---1 STIRLING AVENUE 0 R®IC y ,?52arS uY fz&-S Sym` Cri' ?Ells aiE 0 AM -ZZ AW :AW csnn mw IBJ ft r &r RIE[aNG" Cr axw, r mas !.s.wra rr�{w f�c .wt+gr mcc .s+•t-.- € W2 A'Rr &I k�-v PW lwm4al IN A AP+MsreC• h"}I •�n'P�911�5 Page 255 of 303 Region of Waterloo Connie Owen Administrative Clerk, Legislative Services Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Dear Ms. Owen: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Matthew Colley (519) 577-6241 File: D20-20/2/25KIT August 12, 2025 Re: Comments on Consent Application — B2024-039, B2024-040 and B2025-022 through B2025-025 Committee of Adjustment Meeting August 19, 2025 City of Kitchener B2024-039 and B2024-040 120 Keetwatin Avenue Guy Furoy and Drago Sindjic The purpose of the application is to facilitate a severance to create two lots for a future semi-detached dwelling units and retain one future single detached dwelling. The first proposed severed lot is 0.022 hectares in size and the second proposed lot is 0.023 hectares in size. The proposed retained lot will be 0.078 hectares. Vehicular access for the lots will be off Keewatin Avenue. The applications were previously deferred and the only revisions at this time are with regards to easements required by the City. No changes have occurred otherwise to the proposal Regional Fee: Regional staff have not received the required consent review fee for these applications which is $350.00 per application (total $700.00). Document Number: 5041476 Version: 1 Page 1 of 4 Page 256 of 303 Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Environmental Noise: Regional Staff note the proposed development may encounter environmental noise sources due to Lackner Boulevard (Regional Road #54). It is the responsibility of the Owner/Developer to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, Regional Staff had previously noted an Environmental Noise Study was required in Regional comments issued on November 25, 2024. Upon further review, the Region amends the previous comments and note that in lieu of the Environmental Noise Study that the owner/applicant is required to enter into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements and condominium declarations: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " Regional Staff also acknowledge that the application was circulated to Regional Airport Staff given the site is partially located within the TZR but no issues were identified. Please note that a new access to Lackner Boulevard would not be permitted and Regional Staff are in agreement with the approach that all accesses are to be onto Keewatin Avenue. Regional Staff has no objections to the proposed consent applications subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350 per application (total $700.00) to the Regional Municipality of Waterloo. 2. That prior to final approval, the owner/applicant enters into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements, and condominium declarations: a. "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the Document Number: 5041476 Version: 1 Page 2 of 4 Page 257 of 303 sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." B2025-022 825 Stirling Avenue South 825 Stirling Developments Inc. The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00. Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Regional Staff has no objections to the proposed consent application subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 to the Regional Municipality of Waterloo. B2025-023 220 Heiman Street 220 Heiman Development Inc. The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00. Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Document Number: 5041476 Version: 1 Page 3 of 4 Page 258 of 303 Regional Staff has no objections to the proposed consent application subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 to the Regional Municipality of Waterloo. B2025-024 and B2025-025 17 Downey Street Jon Crummer The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00 per application (total $700.00). Regional Staff has no obiections to the proposed consent applications subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 per application (total $700.00) to the Regional Municipality of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. 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. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, MCIP, RPP Senior Planner, Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 5041476 Version: 1 Page 4 of 4 Page 259 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 260 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 261 of 303 Alison Fox From: LANDUSEPLANNING <LandUsePlanning@HydroOne.com> Sent: Thursday, August 7, 2025 11:27 AM To: Committee of Adjustment (SM) Subject: Kitchener - 825 Stirling Avenue South - B 2025-022 Hello, We are in receipt of your Application for Consent, B 2025-022 dated 2025-07-11. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com� Please select "Search" and locate the address in question by entering the address or by zooming in and out of the map. Page 262 of 303 ■•■ son MENU HELP SEARCH Customers Affected. 0 >5000 0501-5000 0 51-500 0 21-50 =20 0 Multiple () Crew T F ENG Service � Ottaw Huntivolle 417 d17 40� 11 a 6 � � 41b 4 or{Ilia Kawartha aoa � Calces 15 ° Pei jbrouo KIS_ Belleville i rince Edwar Watertown ' . . 40 ' 4 ° Brarrlptoria Toronto . a a ° chererMlssisSau(to g arro Hamilton GO gl c Rochester ' 403 Map data x.2019 Google 5G km L: --j Terms of Use F If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e- mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thankyou, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanning@HydroOne.com 2 Page 263 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523 WARD(S) INVOLVED: 9 DATE OF REPORT: August 12, 2025 REPORT NO.: DSD -2025-329 SUBJECT: Consent Application B2025-023 — 220 Heiman Street RECOMMENDATION: That Consent Application B2025-023 for 220 Heiman Street requesting consent to sever a parcel of land having a lot width of 7.6 metres on Heiman Street, a lot depth of 42.6, metres and a lot area of 325.2 square metres, BE APPROVED subject to the following conditions: 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. 2. 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. 3. 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. 4. That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 264 of 303 5. That at the sole option of the City's Director, Development and Housing Approvals, the Owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Director, Development and Housing Approvals, which shall include the following: a) That the Owner shall prepare a Tree Preservation Plan for the severed and retained lands, in accordance with the City's Tree Management Policy, to be approved by the City's Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. 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. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Manager, Site Plans. c) The Owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. 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. 8. 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. 9. 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. 10. 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. 11. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. Page 265 of 303 12. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to review an application for Consent to facilitate the construction of a semi-detached dwelling, each side containing four dwelling units. • 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. BACKGROUND: The subject property is located at 220 Heiman Street, on the northern side of Heiman Street, west of Lorne Avenue, near the western terminus of the road. The subject property is currently 650 square metres in area, with a frontage of roughly 15 metres on Heiman Street. The subject property is currently vacant, having previously featured a single detached dwelling. 1�arsnn, Figure 1 - Site Aerial (Site Outlined In Red) Page 266 of 303 Figure 2 - View From Street (Taken August 5, 2025) 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. Figure 3 - City Of Kitchener Official Plan (Red Dot Is Site Location) Page 267 of 303 The property is zoned `Low Rise Residential Five Zone' (RES -5) in Zoning By-law 2019- 051. Figure 4 - Zoning By -Law 2019-051 (Site Outlined In Red) The purpose of the application is to sever the property to facilitate the construction of a semi-detached dwelling. The proposed Severed Parcel of land will have a lot width of 7.6 metres on Heiman Street, a lot depth of 42.6 metres, and a lot area of 325.2 square metres for one half of a new Semi -Detached Dwelling. The lands to be retained will have also have a lot width of 7.6 metres on Heiman Street, a lot depth of 42.6 metres, and a lot area of 325.2 square metres for one half of a new Semi -Detached Dwelling. Each side of the semi-detached dwelling is proposed to have four units (one primary and three Additional Dwelling Units (AD U)(Attached)), for a total of 4 dwellings in each half of the semi-detached dwelling (i.e. Fourplex). It is noted that the foundation for the future building/dwelling has not yet been poured. Typically, best practices dictate that prior to the Consent of a property proposed to contain an attached dwelling, the foundation is to be set and surveyed so as to accurately capture the new lot line as constructed. The City is cognisant of the construction challenges and excavation costs that this process poses, and as such, will permit Consent Applications to proceed ahead of the foundation being poured. The Applicant is submitting this application with confidence that the future foundation will coincide with the proposed lot dimensions and setbacks and is doing so `at their own risk'. A new condition is proposed to be added to these types of Consents as follows: "That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the Page 268 of 303 proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line." Should the common wall of the foundation not be located on the common lot line, or the setbacks of the building/dwelling do not meet zoning requirements, the Applicant will be required to rectify and/or submit Committee of Adjustment Applications to resolve the errors and/or deficiencies at their own expense. A Zoning Occupancy Certificate for the proposed use of the Semi -Detached Dwelling, each side to have four (4) dwelling units, was issued on April 23, 2025. REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) The PPS 2024 provides policy direction on matters of provincial interest related to land use planning and development. Section 2.1.6 of the PPS 2024 promotes the achievement of complete communities by accommodating an appropriate range and mix of land uses, housing options, transportation options, with multimodal access, employment, public service facilities, and other institutional uses, recreation, parks and open space, to meet long term needs. Section 2.2 1 (b) 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, and all types of residential intensification. The application to sever the property, facilitating the construction of a semi-detached dwelling with a total of eight units, will contribute to the mix of housing options in the City. Staff are satisfied that the proposed severance application is consistent with the PPS 2024, as it relates to intensification and facilitating housing options. 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 lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. Policy 2.C.2.2.e) directs for the City to provide a diverse range and mix of housing options, including additional residential units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes. Page 269 of 303 The application to sever the property, facilitating the construction of a semi-detached dwelling with a total of eight units, will contribute to the mix of housing options available in the Urban Area and Built-up Area of the Region. Staff are satisfied that the proposed severance application adheres to these policies and conforms to the ROP. City's Official Plan (2014) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 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; 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 surrounding area has a variety of built form and lot patterns. The area immediately surrounding the site includes several low rise apartment buildings, including a single detached house converted to a six-plex, as well as a semi-detached house and other single detached houses. Due to the mix of built forms and lot patterns, there is no prevailing or established character in this regard, and the proposed consent is not contrary to policy b) above. Page 270 of 303 IM n&z'� w.grso�V'SLvb Figure 6 - Lot Patterns In The Area Staff are satisfied that the proposed severance application adheres to these policies and conforms to the OP. Zoning By-law 2019-051 The subject property is zoned as `Low Rise Residential Five (RES -5)' in Zoning By-law 2019-051. The `RES -5' Zone permits a range of low rise housing types, including semi - detaching houses. The lot dimensions are required to meet the following: Semi -Detached (RES -5) Required Proposed (Proposed lots Compliance? have same dimensions) Minimum Lot Area 210 m2 325 m2 Yes Minimum Lot Width 7.5 m 7.6 m Yes The proposed severed and retained lots both meet the requirements of the `RES -5' Zone. No variances are sought as part of this application. 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 are desirable and appropriate. Page 271 of 303 Environmental Planning Comments: That the standard conditions requiring an agreement to complete a Tree Protection and Enhancement Plan prior to building permit/grading/servicing for both the retained and severed parcels. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: 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 construction of the new residential buildings. Engineering Division Comments: • 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, storm 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. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal o Foundation drains shall drain to a sewer, drainage ditch or dry well. o A side yard swale is not considered a drainage ditch. • The side yard currently accommodates overland stormwater flows from the rear yard. 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. Engineering requires a minimum 1 m swale centred on property line. Therefore the walkway to the side door cannot encroach within the 0.5m from property line towards the house. Page 272 of 303 Parks and Cemeteries/Forestry Division Comments: 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 7.62 metres at a land value of $36,080.00 per frontage metre, which equals $13,746.48. In this case, a per unit cap of $11,862.00 has been applied. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: Regional staff have not received the required consent review fee for this application, $350.00. Hydro One We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com) Please select "Search" and locate the address in question by entering the address or by zooming in and out of the map. 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. Page 273 of 303 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 — Severance Sketch Page 274 of 303 Attachment A — Severance Sketch SEVERANCE SKETCH FOR PROPERTY AT 220 HEIMAN STREET CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERL!-',(-", ET I 7- PiN 22495—Q' 1,'N ''JG'20"E 24- (a 71effr M E- E --E 4 7 EE I- ETE 02 1 T EE = ETE - HE L-1 T E L_ T E I 24�ju—DJGG(17 E E E ET_ E— 11 E T % r Er- HE T E I L E111 I E EI T E > T E T IL I TE T I I T E - - - --------- .1 1. .ELU H j L__tl L rL E E Eff I E -U ICE _LT Er I I T CT LL EM E I I F IE- T e r - H -LT (Dy Lgr 1a.. rr- E -:FE YT 'F ------ �2495.—Z)007 T: kklFk-- Prr&-ct: HEM&N GTH 61SA&:E AW 11�m 7E5 swmV LW 7Ws Prcjert. SEISRMCr 4VE N M.F AAP GAfo OF CcWWWW A2 FTF7.RY DktWC.S�' C110M Client.: MUNAF CpMT Gkit: LULAT IIIIIIIIIIISU"EYING31 Drawn Ej: C.M.I.I. VALMion: 133 REGEWSTREET Checked By-. 31J.r- Inas is A7, , AL.Y &%,Ntty X'b?, 3TPA7FORD. ON _SY49z Wr RE 0 -IM ArR RCWTACE OPP NEALPY2 File No-: GE24-'0'4-1 DATE: JL,= Page 275 of 303 Region of Waterloo Connie Owen Administrative Clerk, Legislative Services Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Dear Ms. Owen: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Matthew Colley (519) 577-6241 File: D20-20/2/25KIT August 12, 2025 Re: Comments on Consent Application — B2024-039, B2024-040 and B2025-022 through B2025-025 Committee of Adjustment Meeting August 19, 2025 City of Kitchener B2024-039 and B2024-040 120 Keetwatin Avenue Guy Furoy and Drago Sindjic The purpose of the application is to facilitate a severance to create two lots for a future semi-detached dwelling units and retain one future single detached dwelling. The first proposed severed lot is 0.022 hectares in size and the second proposed lot is 0.023 hectares in size. The proposed retained lot will be 0.078 hectares. Vehicular access for the lots will be off Keewatin Avenue. The applications were previously deferred and the only revisions at this time are with regards to easements required by the City. No changes have occurred otherwise to the proposal Regional Fee: Regional staff have not received the required consent review fee for these applications which is $350.00 per application (total $700.00). Document Number: 5041476 Version: 1 Page 1 of 4 Page 276 of 303 Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Environmental Noise: Regional Staff note the proposed development may encounter environmental noise sources due to Lackner Boulevard (Regional Road #54). It is the responsibility of the Owner/Developer to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, Regional Staff had previously noted an Environmental Noise Study was required in Regional comments issued on November 25, 2024. Upon further review, the Region amends the previous comments and note that in lieu of the Environmental Noise Study that the owner/applicant is required to enter into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements and condominium declarations: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " Regional Staff also acknowledge that the application was circulated to Regional Airport Staff given the site is partially located within the TZR but no issues were identified. Please note that a new access to Lackner Boulevard would not be permitted and Regional Staff are in agreement with the approach that all accesses are to be onto Keewatin Avenue. Regional Staff has no objections to the proposed consent applications subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350 per application (total $700.00) to the Regional Municipality of Waterloo. 2. That prior to final approval, the owner/applicant enters into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements, and condominium declarations: a. "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the Document Number: 5041476 Version: 1 Page 2 of 4 Page 277 of 303 sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." B2025-022 825 Stirling Avenue South 825 Stirling Developments Inc. The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00. Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Regional Staff has no objections to the proposed consent application subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 to the Regional Municipality of Waterloo. B2025-023 220 Heiman Street 220 Heiman Development Inc. The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00. Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Document Number: 5041476 Version: 1 Page 3 of 4 Page 278 of 303 Regional Staff has no objections to the proposed consent application subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 to the Regional Municipality of Waterloo. B2025-024 and B2025-025 17 Downey Street Jon Crummer The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00 per application (total $700.00). Regional Staff has no obiections to the proposed consent applications subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 per application (total $700.00) to the Regional Municipality of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. 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. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, MCIP, RPP Senior Planner, Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 5041476 Version: 1 Page 4 of 4 Page 279 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 280 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 281 of 303 Alison Fox From: LANDUSEPLANNING <LandUsePlanning@HydroOne.com> Sent: Thursday, August 7, 2025 11:28 AM To: Committee of Adjustment (SM) Subject: Kitchener - 220 Heiman Street - B 2025-023 Hello, We are in receipt of your Application for Consent, B 2025-023 dated 2025-07-11. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com� Please select "Search" and locate the address in question by entering the address or by zooming in and out of the map. Page 282 of 303 ■•■ son MENU HELP SEARCH Customers Affected. 0 >5000 0501-5000 0 51-500 0 21-50 =20 0 Multiple () Crew T F ENG Service � Ottaw Huntivolle 417 d17 40� 11 a 6 � � 41b 4 or{Ilia Kawartha aoa � Calces 15 ° Pei jbrouo KIS_ Belleville i rince Edwar Watertown ' . . 40 ' 4 ° Brarrlptoria Toronto . a a ° chererMlssisSau(to g arro Hamilton GO gl c Rochester ' 403 Map data x.2019 Google 5G km L: --j Terms of Use F If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e- mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thankyou, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanning@HydroOne.com 2 Page 283 of 303 Staff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: 10 DATE OF REPORT: August 5, 2025 REPORT NO.: DSD -2025-343 SUBJECT: Consent Application B2025-024 - 17 Downey Street Consent Application B2025-025 - 19 Downey Street RECOMMENDATION: A. Consent Application B2025-024 — 17 Downey Street That Consent Application B2025-024 for 17 Downey Street requesting consent to sever a parcel of land having a lot width of 7.9 metres on Downey Street, a lot depth of 32, metres and a lot area of 252.4 square metres and to create an easement having a width of 1.5 metres and a depth of 2.3 metres at the rear of the building, BE APPROVED subject to the following conditions: 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. 2. 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. 3. 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. 4. That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 284 of 303 proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line. 5. 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 Director, Development and Housing Approvals: 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. 6. 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. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. 9. 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. 10. 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. 11. 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. 12. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. Page 285 of 303 13. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. B. Consent Application B2025-025 —19 Downey Street That Consent Application B2025-025 for 19 Downey Street requesting Consent to create an easement having a width of 1.5 metres and a depth of 2.7 metres at the front of the building where the common wall is not shared for the purposes of access and maintenance in favour of the Severed Parcel, BE APPROVED subject to the following conditions: 1. 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. 2. 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. 3. 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. 4. That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line. 5. 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 Director, Development and Housing Approvals: 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. Page 286 of 303 6. 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. 7. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to review a Consent Application to permit each side of a Semi -Detached Dwelling, currently under construction, to be dealt with independently. • The key finding of this report is that the applications meet the criteria of the Planning Act and Provincial, Regional and City policies • 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. BACKGROUND: The subject property is located on the south-east side of Downey Street and Edwin Street. 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 property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the applications are to permit the severance of a parcel of land and retain the other parcel to permit each half of a Semi -Detached Dwelling, currently under construction to be serviced and conveyed independently; and to create access easements for maintenance purposes. Page 287 of 303 Figure 1 — 17-19 Downey Street Location Map Figure 2 - Semi -Detached Dwelling Under Construction (July 31, 2025) The applicant is requesting consideration of Consent Application B2025-024 to sever a lot having a width of 7.9 metres on Downey Street, a lot depth of 32 metres and a lot area of 252.4 square metres. Consent is also being requested to create an easement having a width of 1.5 metres and a depth of 2.3 metres at the rear of the building where the common wall is not shared for the purposes of access and maintenance in favour of the Page 288 of 303 Retained Parcel. The lands to be Retained will have a lot width of 10.3 metres on Downey Street, a lot depth of 32 metres and a lot area of 284.9 square metres. The consent will allow each half of a semi-detached dwelling to be dealt with independently. The applicant is also requesting consideration of Consent Application B2025-025 to create an easement having a width of 1.5 metres and a depth of 2.7 metres at the front of the building where the common wall is not shared for the purposes of access and maintenance in favour of the Severed Parcel. ti6154]'25�E' Figure 3 - Proposed f� PLN 32340-917401 Plan for Severance It is noted that the foundation for the proposed building/dwelling has not yet been surveyed, and a Reference Plan and Building Location Survey was not provided and submitted with the Consent Applications. Typically, best practices dictate that prior to the Consent of a property proposed to contain an attached dwelling, the foundation is to be set and surveyed so as to accurately capture the new lot line as constructed. The City is cognisant of the construction challenges and excavation costs that this process poses, and as such, will permit Consent Applications to proceed ahead of the foundation being poured and surveyed. The Applicant is submitting this application with confidence that the future foundation will coincide with the proposed lot dimensions and setbacks and is Page 289 of 303 proceeding with the application at this time `at their own risk'. A new condition is proposed to be added to these types of Consent Approvals as follows: "That the Owner provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line." Should the common wall of the foundation not be located on the common lot line, or the setbacks of the building/dwelling do not meet zoning requirements, the Applicant will be required to rectify and/or submit Committee of Adjustment Applications to resolve the errors and/or deficiencies at their own expense. Figure 4 - Surrounding Neighbourhood Lot Fabric REPORT: Planning Comments: 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 infill severance applications are consistent with the Provincial Planning Statement in general and as it related to housing policies in Chapter 2 regarding intensification and facilitating housing options. Section 2.2 1 (b) 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. Page 290 of 303 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 lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2. D.1 of the ROP as this neighbourhood provides for the physical and community infrastructure required for the proposed residential development, including transportation networks, municipal water and wastewater systems, and a broad range of social and public health services. Regional polices 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. Staff are satisfied that the proposed severance applications adhere to these policies and conform to the Regional Official Plan. 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 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; 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 one (1) severed and one (1) retained lot satisfies the minimum zoning requirements for lot width and lot area and the proposed dwelling would adhere to the Page 291 of 303 minimum required yard setback requirements. The proposed lots also reflect the general scale and character of the established development pattern for this area as shown in Figure 4. The lots have suitable frontage on a public street, access to full municipal services, do not restrict development of adjacent properties, and do not require a plan of subdivision. As such, staff are satisfied that he proposed severances conform to the City of Kitchener Official Plan. Zoning By-law 2019-051 The property is zoned 'Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The proposed dwelling meets the minimum lot area and lot width requirements. The proposed dwelling is also zoning compliant for minimum required yard setbacks. 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 easements are desirable and appropriate. Environmental Planning Comments: No comments or concerns. Heritage Planning Comments: No comments or concerns. Building Division Comments: 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 construction of the new residential buildings. Engineering Division Comments: • 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, storm 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 Page 292 of 303 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. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal o Foundation drains shall drain to a sewer, drainage ditch or dry well. o A side yard swale is not considered a drainage ditch. The side yard currently accommodates overland stormwater flows from the rear yard. 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. Engineering requires a minimum 1 m swale centred on property line. Therefore, the walkway to the side door cannot encroach within the 0.5m from property line towards the house. Parks and Cemeteries/Forestry Division Comments: B2025-024 — 17 Downey Street (Severed Parcel) 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 7.9 metres at a land value of $36,080 per frontage metre, which equals $14,251.60. In this case, a per unit cap of $11,862.00 has been applied. B2025-025 — 17 Downey Street (Retained Parcel) No concerns, no requirements Transportation Planning Comments: Transportation Services have no concerns with these applications. Region of Waterloo Comments: Regional staff have not received the required consent review fee for this application, $350.00. Regional Staff has no objections to the proposed consent applications subject to the following condition: That prior to final approval, the owner/applicant submits the consent review fee of $350 per application to the Regional Municipality of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 293 of 303 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 Page 294 of 303 Region of Waterloo Connie Owen Administrative Clerk, Legislative Services Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Dear Ms. Owen: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Matthew Colley (519) 577-6241 File: D20-20/2/25KIT August 12, 2025 Re: Comments on Consent Application — B2024-039, B2024-040 and B2025-022 through B2025-025 Committee of Adjustment Meeting August 19, 2025 City of Kitchener B2024-039 and B2024-040 120 Keetwatin Avenue Guy Furoy and Drago Sindjic The purpose of the application is to facilitate a severance to create two lots for a future semi-detached dwelling units and retain one future single detached dwelling. The first proposed severed lot is 0.022 hectares in size and the second proposed lot is 0.023 hectares in size. The proposed retained lot will be 0.078 hectares. Vehicular access for the lots will be off Keewatin Avenue. The applications were previously deferred and the only revisions at this time are with regards to easements required by the City. No changes have occurred otherwise to the proposal Regional Fee: Regional staff have not received the required consent review fee for these applications which is $350.00 per application (total $700.00). Document Number: 5041476 Version: 1 Page 1 of 4 Page 295 of 303 Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Environmental Noise: Regional Staff note the proposed development may encounter environmental noise sources due to Lackner Boulevard (Regional Road #54). It is the responsibility of the Owner/Developer to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, Regional Staff had previously noted an Environmental Noise Study was required in Regional comments issued on November 25, 2024. Upon further review, the Region amends the previous comments and note that in lieu of the Environmental Noise Study that the owner/applicant is required to enter into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements and condominium declarations: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks. " Regional Staff also acknowledge that the application was circulated to Regional Airport Staff given the site is partially located within the TZR but no issues were identified. Please note that a new access to Lackner Boulevard would not be permitted and Regional Staff are in agreement with the approach that all accesses are to be onto Keewatin Avenue. Regional Staff has no objections to the proposed consent applications subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350 per application (total $700.00) to the Regional Municipality of Waterloo. 2. That prior to final approval, the owner/applicant enters into a registered development agreement with the Region of Waterloo to include the following noise warning clause in all offers of Purchase and Sale, lease/rental agreements, and condominium declarations: a. "Purchasers/tenants are advised that sound levels due to increasing road traffic on Lackner Boulevard (Regional Road #54) may on occasions interfere with some activities of the dwelling occupants as the Document Number: 5041476 Version: 1 Page 2 of 4 Page 296 of 303 sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." B2025-022 825 Stirling Avenue South 825 Stirling Developments Inc. The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00. Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Regional Staff has no objections to the proposed consent application subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 to the Regional Municipality of Waterloo. B2025-023 220 Heiman Street 220 Heiman Development Inc. The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00. Section 59 Notice: Regional staff confirm receipt of the required Section 59 Notice and have no concerns. Document Number: 5041476 Version: 1 Page 3 of 4 Page 297 of 303 Regional Staff has no objections to the proposed consent application subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 to the Regional Municipality of Waterloo. B2025-024 and B2025-025 17 Downey Street Jon Crummer The purpose of the application is to facilitate the severance of the subject lands so the semi-detached dwelling, under construction, can be on separate lots to allow the future sale of each property. Regional Fee: Regional staff have not received the required consent review fee for this application, $350.00 per application (total $700.00). Regional Staff has no obiections to the proposed consent applications subject to the following condition: 1. That prior to final approval, the owner/applicant submits the consent review fee of $350.00 per application (total $700.00) to the Regional Municipality of Waterloo. General Comments Any future development on the lands subject to the above -noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. 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. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, MCIP, RPP Senior Planner, Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 5041476 Version: 1 Page 4 of 4 Page 298 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 299 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 300 of 303 Alison Fox From: LANDUSEPLANNING <LandUsePlanning@HydroOne.com> Sent: Thursday, August 7, 2025 11:28 AM To: Committee of Adjustment (SM) Subject: Kitchener - 17 Downey Street - B 2025-024 & B 2025-025 Hello, We are in receipt of your Application for Consent, B 2025-024 & B 2025-025 dated 2025-07-11. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com� Please select "Search" and locate the address in question by entering the address or by zooming in and out of the map. Page 301 of 303 ■•■ son MENU HELP SEARCH Customers Affected. 0 >5000 0501-5000 0 51-500 0 21-50 =20 0 Multiple () Crew T F ENG Service � Ottaw Huntivolle 417 d17 40� 11 a 6 � � 41b 4 or{Ilia Kawartha aoa � Calces 15 ° Pei jbrouo KIS_ Belleville i rince Edwar Watertown ' . . 40 ' 4 ° Brarrlptoria Toronto . a a ° chererMlssisSau(to g arro Hamilton GO gl c Rochester ' 403 Map data x.2019 Google 5G km L: --j Terms of Use F If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e- mail CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thankyou, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanning@HydroOne.com 2 Page 302 of 303 From: To: Committee o Adiustment (SM) Subject: Development on 17 Downey Street Date: Thursdays, August 14, 2025 6:29:24 PM IYou don't often get email from Learn why this is im on rtant Hi there, I am a resident on Edwin St. here in Kitchener. Recently, many of my neighbours have spoken to me about their concerns for the development happening at 17 Downey Street. Many are very concerned about the size and scope of the development and why the community wasn't made aware of this. We were also surprised that there was no commimity consultation about the size and scope of this property. Some of the concerns are as follows: 1. Traffic congestion - there isn't enough parking for this number of units and people on the property itself. Where will they park in the winter?? Will they always require road parking? 2. Safety - Where are no sidewalks in our neighbourhood, and with a development with this many units, there will be many more cars coming and going and parking on the road, forcing pedestrians into the middle of the road. This is incredibly dangerous for children. 3. Strain on local infrastructure (water, sewage). We have had issues with this already, and adding so many more units to a lot designed for one family will have effects that we will have to pay for. 4. Lack of public consultation. Many neighbours have been taken aback by the sheer size of this development. Not to mention the trucks and constant noise. I formally request development plans, zoning permits, environmental impact assessments, and traffic studies from your local planning office. The residents of this neighbourhood who live here would like to know what we are in for. Now I see that there is a further request to develop as well? Please provide me with the whole scope of this so that the many residents of this neighbourhood can better understand how our neighbourhood is changing (and hopefully have a say in that). Please include this written submission to the committee, as we wish to be involved in this process and are currently opposed to this development in its current state. I look forward to your response. Dave Lambert. Page 303 of 303