HomeMy WebLinkAboutDSD-2025-342 - B 2024-039 and B 2024-040 - 120 Keewatin AvenueStaff 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: 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
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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- rand river. 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
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If you have any questions please feel free to contact myself.
Thankyou,
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Hydro One Networks Inc.
Email: LandUsePlanning@HydroOne.com
2
Page 242 of 303