HomeMy WebLinkAboutDSD-2025-347 - A 2025-071 - 99 College StreetStaff Report
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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
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Figure 3 — Proposed site plan drawing, showing the existing building (right) and
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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