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Home My WebLink AboutDSD-2025-346 - A 2025-073 - 112 Admiral RoadStaff 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