HomeMy WebLinkAboutCA Agenda - 2025-09-161
KITc�ivER
Committee of Adjustment
Agenda
Tuesday, September 16, 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, SEPTEMBER 16,
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 A 2025-073 -112 Admiral Road, DSD -2025-390 5
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. NEW BUSINESS
6.1 A 2025-089 - 239 Woodbine Avenue, DSD -2025-377 38
Requesting minor variances to permit an unobstructed walkway to have a
width of lm where there are hydro meters rather than the minimum
required 1.1m; to permit a lot width of 8.6m rather than the minimum
required 10.5m; to permit a parking requirement of 2 parking spaces
rather than the minimum required 3 parking spaces; and, to permit an
Additional Dwelling Unit (ADU)(Detached) to have a lot coverage of 20%
instead of maximum permitted 15% to facilitate the development of a 2
Additional Dwelling Units (ADU)(Detached) in the rear yard of the subject
property having a Single Detached Dwelling.
6.2 A 2025-090 - 10 Abram Clemens Street, DSD -2025-388 66
Requesting minor variances to permit a Floor Space Ratio (FSR) of 0.65
rather than the maximum permitted 0.6; to permit a maximum building
height of 16m rather than the maximum permitted 10.5m; to permit a
setback from Bleams Road of 9.2m and from Abram Clemens Street of
6m rather than the maximum permitted setback to a street of 4.5m, to
facilitate a multiple residential development having 139 dwelling units in
accordance with Site Plan Application SPF25/041/A.
6.3 A 2025-091 - 234-240 Frederick Street, DSD -2025-382 90
Requesting minor variances to Zoning By-law 85-1 to permit 26 parking
spaces inclusive of visitor parking (0.72 parking spaces per dwelling unit)
rather than the minimum required 49 parking spaces inclusive of visitor
parking (1.25 parking spaces per residential unit, and 0.15 visitor parking
spaces per dwelling unit) to facilitate the development of a multiple
dwelling having 35 dwelling units.
6.4 A 2025-092 - 184 Woolwich Street, DSD -2025-379 111
Requesting minor variances to permit an accessory structure to have a
building height to the underside of the fascia of 4.6m rather than the
maximum permitted 3m; to permit a driveway width of 11.7m rather than
the maximum permitted 8m; and, to permit a building height of 12.2m
rather than the maximum permitted 11 m to facilitate the construction of a
new detached dwelling.
6.5 A 2025-093 - 535 Stirling Avenue South, DSD -2025-369 136
Requesting minor variances to permit an addition to have a front yard
setback of 1.8m rather than the minimum required 3.7m; and, to permit
Page 2 of 274
an easterly side yard setback of 1 m rather than the minimum required
1.2m to facilitate the construction of a sunroom onto the existing
detached dwelling.
6.6 A 2025-094 - 160 Samuel Street, DSD -2025-384 157
Requesting minor variances to permit a detached garage to have a side
yard setback of 0.3m rather than the minimum required 0.6m; to permit a
deck to have a northerly side yard setback of 0.9m rather than the
minimum required 1.2m; and, to permit an addition (a deck) to have a
northerly side yard setback of 0.9m rather than the minimum required
1.2m to facilitate the construction of a new 3 -storey addition with a rear
deck and the reconstruction of the existing detached garage.
6.7 A 2025-095 - 66 Georgina Street, DSD -2025-383 184
Requesting minor variances to permit a front yard landscaped area of
14.2sq.m. rather than the required 17sq.m.; and, to permit an exterior
above grade stairs to be setback 0.3m from the easterly side yard rather
than the required 0.5m to facilitate the conversion of a Single Detached
Dwelling to a Duplex Dwelling.
6.8 A 2025-096 - 457 Maple Avenue, DSD -2025-373 204
Requesting a minor variance to Zoning By-law 85-1 to permit front steps
with a height of 1.3m above finished grade rather than the maximum
permitted height of 0.6m above finished grade to be located within 3m of
the street line to facilitate the construction of front steps onto a new
detached dwelling.
6.9 A 2025-097 - 4438 King Street East & 65 Gateway Park Drive, DSD- 226
2025-387
Requesting minor variances to permit parking spaces to be located 2.6m
from a street line rather than the minimum required 3m; to permit a
parking maximum of 735 parking spaces rather than the maximum
permitted 457 parking spaces; and, to permit a minimum landscaped
area of 17% rather than the minimum required landscaped area of 20%
to facilitate the demolition of an existing building on the site to be
redeveloped with 68 new parking spaces for the Costco Retail Use.
6.10 A 2025-098, A 2025-099 & A 2025-100 -180 Ahrens Street West, DSD- 247
2025-378
Requesting minor variances to permit a front yard setback of 4.5m rather
than the minimum required 6.5m; and, to permit a southerly exterior side
yard setback of 2.5m rather than the minimum required 4.5m to facilitate
the construction of a townhouse (dwelling 1); to permit a front yard
setback of 3.4m rather than the minimum required 16.5m; and, to permit
a rear yard setback of 6.7m rather than the minimum required 7.5m to
facilitate the construction of a townhouse (dwelling 2); to permit a front
yard setback of 4.3m rather than the minimum required 16.5m; to permit
Page 3 of 274
an easterly side yard setback of 2m rather than the minimum required
2.5m; and, to permit a rear yard setback of 6.7m rather than the minimum
required 7.5m to facilitate the construction of a townhouse (dwelling 3).
Three street townhouse dwelling units are proposed in the block. The
townhouse dwellings are proposed to be severed in the future to allow
the lots 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 29th
day of August, 2025.
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
Page 4 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 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: Ward 9
DATE OF REPORT: September 8, 2025
REPORT NO.: DSD -2025-390
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 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 3.4 metres instead of the maximum
permitted 3 metres for a flat roof, measured to the peak of the roof, generally in
accordance with drawings prepared by Shivang Tarika, dated May 2025, and in
accordance with the Tree Preservation & Enhancement Plan, dated September 3,
2025, and the Tree Protection Plan, dated September 3, 2025, BE APPROVED.
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 Minor Variance Application was considered at the August 19,
2025 Committee of Adjustment meeting and deferred to permit the Applicant time to
submit an Arborist report in order to determine the exact impact of the proposed
structure on adjacent City -owned trees.
• The key finding of this report is that the requested minor variance meets all 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 5 of 274
BACKGROUND:
This application was originally discussed at the August 19, 2025 Committee of Adjustment
meeting. It was deferred from the agenda for the following reason:
• To permit the Applicant time to submit an Arborist report in order to determine the
exact impact of the proposed structure on adjacent City -owned trees.
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.
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AOpt ill�
Adwia* III"
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.
Page 6 of 274
Figure 2 - Streetview of subject property
REPORT:
Planning Comments:
0
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.' 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.
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.
Page 7 of 274
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 elevation drawings submitted with the application, 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 metre, staff are of the opinion that the increase in building height is not
onerous and can be considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff have reviewed the Tree Preservation & Enhancement Plan and Tree Protection Plan
(both documents are attached and contain photos of subject trees) where it is stated that:
- There were seven trees surveyed that are on schedule for preservation. Four trees will
incur minor injury, but it will have no impact on the health of the tree and three trees will
not be disturbed.
- In the consultant's opinion if tree preservation recommendations as outlined in his report
are implemented then the proposed development will not adversely affect the health,
safety and/or existing conditions of all trees scheduled for preservation.
It is noted that the City -owned tree located in the front boulevard no longer exists and is
being relandscaped by construction crews doing overall work on the street.
Planning staff did ask if the proposed ADU could be shifted 1 metre away from the tree
canopy and closer to the main house. The applicant advised that it would impact access to
the site, require moving of main plumbing line, water and electricity to other side of unit and
cause interference with other elements. As well, depending on type of soil, the garden suite
footings angle of repose might overlap with the homes footing, Consequently, staff accept
that the original proposed location is acceptable.
Based on above, staff consider the proposed variance appropriate for the development on
the property and for the surrounding area, including the City -owned park space. Staff
recommend that the tree preservation recommendations in the arborist report be followed.
Page 8 of 274
"W
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If
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DET -010 a -MV -0 il U -M
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PROPOSED GARDEN SUITE
PROPERTY LINE
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EXISTING SWING TO
BE REMOVED
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PAN 22480-0009 4"ROV. 2 -W-00f7 9
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Figure 3 — Portion of Tree Protection Plan. Yellow highlighted area is tree canopy
that overlaps the proposed location of ADU.
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
with any questions.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
Staff approve and are in support of the Tree Preservation & Enhancement Plan and the Tree
Protection Plan provided that the recommendations for preservation and protection of the
City trees are followed as outlined in the Tree Preservation & Enhancement Plan (attached).
Transportation Planning Comments:
Transportation Services have no concerns with this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
Page 9 of 274
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 -25-346
ATTACHMENTS:
Attachment A — Tree Preservation & Enhancement Plan (September 3, 2025)
Attachment B — Tree Protection Plan (September 3, 2025)
Page 10 of 274
Ureen.Print
Cons uIting Arborists
Tree Preservation
Enhancement Plan
112 Admiral Road
Kitchener
Prepared for:
Owner
112 Admiral Road
Kitchener, ON
Prepared by:
Davide Carnevale
ASCA Registered #370
GreenPrint Consulting Arborists
dcamevale arm eeUnntca.com
36 Southwind Terrace
Oakville, On L6L 6K6
(T)289-813-9251
September 3, 2025
Page 11 of 274
Table of Contents
Page
No.
Executive Summary
ExecutiveSummary ................................................................................... 1
Introduction
Introduction and History ............................................................................. 2
Assignment.............................................................................................. 3
Tree survey and Recommendations
TreeSummary .......................................................................................
Discussion............................................................................................. 4
Conclusion
Summary Table
Conclusion.............................................................................................. 5
Appendix I
Tree Inventory and Recommendations............................................................. 6
Appendix II:
Tree Preservation Guidelines........................................................................ 7
Appendix III:
DigitalImages......................................................................................... 10
Appendix IV:
Assumptions and Limiting Conditions............................................................ 14
ATTACHMENTS: Tree Protection Plan — TPP -1
Page 12 of 274
112 Admiral Road - Kitchener
EXECUTIVE SUMNL4,RY:
Page 1
The subject site is scheduled for development. As requested by the City of Kitchener, the client is
required to submit an Arborist Report in accordance with the City of Kitchener's Public Tree Bylaw
(Property Maintenance Chapter 690).
There were 7 trees surveyed for this project of which all are City owned, located within a park, that are
schedule for preservation. Four (4) trees will incur minor disturbance (injury) that will have little to no
impact on the health of the tree and three (3) trees will not be disturbed whatsoever. The City owned tree
located within the boulevard at front no longer exists; this area was currently being landscaped by
construction crews working within the road allowance.
It is the consultant's opinion that if tree preservation recommendations outlined in this report are
implemented, which includes installing tree protection hoarding, the proposed development will not
adversely affect the health, safety and/or existing condition of all trees scheduled for preservation.
Successful tree preservation requires both the client and all associated parties become privy to the
recommendations in this report and that such recommendations are implemented accordingly.
Alternatively, failure to implement all the recommendations will cause unnecessary injury predisposing
each tree to the potential of decline and/or increased risk of failure. Lastly, it's the client responsibility
to fulfill all additional conditions as outlined in the City issued comments.
Page 13 of 274
112 Admiral Road - Kitchener
INTRODUCTION:
Page 2
I have been retained by the client to complete an arborist report concerning the above subject site. As
requested by the City of Kitchener, the client is required to submit a Tree Preservation and Enhancement
Plan in accordance with the City of Kitchener's Public Tree Bylaw (Property Maintenance Chapter 690)
and policies.
BACKGROUND
Prior to our visit, the client provided GreenPrint Consulting Arborists a Proposed Site Plan (A001). The
Proposed Site Plan details the existing conditions and the proposed development changes.
The site is located in a mature residential community and is currently occupied by a two-storey dwelling
with associated driveway, small shed and rear deck. The tree resource consists primarily of mature
landscape trees and shrubs and abuts a City park at the rear of the property. .
The proposed development includes the construction of a single storey garden suite located at the rear
back corner with an associated walkway - see attached Tree Protection Plan -TPP -I for details.
RELEVANT BYLAWS AND GUIDELINES
Relevant City of Hamilton by-laws and guidelines were referenced to ensure tree inventory, removal and
compensation requirements satisfy the City's requirements:
• Chapter 690 — Public Tree By-law - https://lf.kitchener.ca/WebLinkExt/DocView.aspx?dbid=0&id=1412718&cr=1
• Tree Protection Guidelines (City wide) - bMs://www.hamilton.ca/sites/default/files/2022-05/pedpolicies-tree-
protection-guidelines l .pdf
• Forestry Act - haps://www.ontario.ca/laws/statute/90126
• Endangered Species Act - https://www.ontario.ca/laws/statute/07eO6
• Bird Migratory Convention Act, 1994
Page 14 of 274
112 Admiral Road - Kitchener
ASSIGNMENT:
Page 3
1. Survey all City -owned trees located within the municipal road allowance or located within City
park lands that abut the property. Assess the condition of each tree and determine if they are
suitable candidates for preservation.
2. Using the client supplied Proposed Site Plan referenced above, complete a tree impact
assessment, using the prescribed tree protection zone, as it relates to all proposed works and
provide recommendations for tree protection and preservation.
3. Using the impact assessment, determine if proposed construction will adversely affect the long
term health, condition and safety of such trees.
4. Calculate the total number of trees requiring removal and/or will incur injury as a consequence of
development and provide a quantitative summary for permit application purposes.
All field and appraisal work was completed by the author of this report being Davide Carnevale ASCA
Registered 9370 on September 2, 2025.
As the consulting arborist retained for this project, GreenPrint Consulting Arborists can be further
retained (if necessary) to act as the Project Consulting Arborist (PCA) to provide on-site monitoring and
implement any necessary remedial actions as required by the municipality.
Page 15 of 274
112 Admiral Road - Kitchener
TREE SURVEY AND RECOMMENDATIONS
Page 4
Seven (7) individual trees were surveyed, of which 40% are native and the 60% are invasive non-native
trees. All 3 native trees are in good condition and the remaining invasive non-native trees are in fair
condition. No species at risk or imminently hazardous trees were identified.
The tree resource comprises of Manitoba maple (Acer negundo), White mulberry (Mores alba),
Buckthorn (Rhamnus spp.) and Black walnut (Juglans nigra).
All 7 trees are City owned located within a park abutting the rear of the property.
See attached Tree Protection Plan - TPP -1 for tree location, and attached Tree Inventory for species
identification, condition, and recommendations and Appendix II for corresponding Digital Images.
DISCUSSION
1. Encroachment into the TPZ of trees 1, 2, 3 and 4 will be required to facilitate the construction of the
proposed foundation walls (with a 0.5m overdig) as detailed below:
Tree no
Encroachment
on TPZ
(%)
Distance from
Base of Trunk
(m)
Diameter of
Roots
Disturbed (cm)
Impact
1
6.0
2.61
< 1
Low/Nil
2
21.0
0.96
< 3
Low
3
12.0
1.14
< 1
Low/Nil
4
4.0
1.97
< I
Low/Nil
Except for tree 2, roots disturbed within the prescribed TPZs of all above listed trees are likely to be
no larger than 1.Ocm in diameter. For tree 2, excavation will likely expose roots < 3.Ocm diameter.
All four trees are invasive, non-native trees that are highly resistant to root/construction disturbance
and no crown pruning is required to accommodate the proposed structure.
Mitigation/ Protection Measures
Given that the following mitigation and protection measures are employed, it is anticipated that the
proposed construction will have no impact on the health of these trees whatsoever:
1. Tree Protection: Prior to construction, vertical tree protection fencing is installed as shown in the
attached Tree Protection Plan — TPP -I and detailed in Appendix II.
2. It is recommended that the Tree Preservation Guidelines outlined in Appendix II be implemented
to further protect trees scheduled for preservation during construction.
Page 16 of 274
112 Admiral Road - Kitchener
General Comments
Page 5
1. There was a city tree located within the municipal boulevard at the front of the property. At the time
of my visit, this tree is missing and the area recently landscaped with construction crews on site
refurbishing the walkways, curbs and boulevard areas.
SUMMARY TABLE:
CONCLUSIONS:
As listed in the Summary Table above, there are 7 City -owned trees involved with this project of which
all are scheduled for preservation; 4 will incur minor encroachment within their prescribed tree
preservation. Finally, it is the consultant's opinion that proposed construction will not adversely affect
the long-term health, safety and/or existing condition of all trees scheduled for preservation.
Trusting this report meets your needs. For further information, you may contact me directly at (289) 813-
9250 or at dcamevale&geenprintca.com
GREENPRINT CONSULTING ARBORISTS
Davide Carnevale &.B.sc.F.
Senior Consulting Arborist
ASCA Registered #370
E-mail: dcarnevalep_greenprintca.com
Page 17 of 274
Scheduled for
Recommended Removal
Preservation
Tree Category
Total
Consequence
Preserve
Regardless of
Preserve
of
with Injury
construction
construction
City
Any tree located within
7
3
4
0
0
municipal road allowance or
parkland
Total
7
3
4
0
0
CONCLUSIONS:
As listed in the Summary Table above, there are 7 City -owned trees involved with this project of which
all are scheduled for preservation; 4 will incur minor encroachment within their prescribed tree
preservation. Finally, it is the consultant's opinion that proposed construction will not adversely affect
the long-term health, safety and/or existing condition of all trees scheduled for preservation.
Trusting this report meets your needs. For further information, you may contact me directly at (289) 813-
9250 or at dcamevale&geenprintca.com
GREENPRINT CONSULTING ARBORISTS
Davide Carnevale &.B.sc.F.
Senior Consulting Arborist
ASCA Registered #370
E-mail: dcarnevalep_greenprintca.com
Page 17 of 274
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112 Admiral Road - Kitchener Page 7
Appendix II: TREE PRESERVATION GUIDELINES
1.0 ESTABLISH TREE PROTECTION ZONE
The purpose of the tree protection zone (TPZ) is to prevent root damage, soil compaction
and soil contamination. Workers and machinery shall not disturb the tree protection
zone in any way. To prevent access, the following is required:
1.1 Install hoarding as per attached Tree Protection Plan in Appendix I.
1.2 Hoarding shall consist of the following:
,EPRMEMM>IX� (rM
MDDH
� TREE PRESERVATION DETAIL & NOTES (STREETS AND RIGHT-OF-WAYS)
/
�-B ICES.
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1.3. When visibility is a consideration and upon approval from the City, 1.2 meter
high orange plastic web snow fencing on a 2"X4" frame is recommended.
Page 19 of 274
112 Admiral Road - Kitchener
Page 8
1.3 No fill, equipment or supplies are to be stored within the tree protection zone.
1.4 Activities, which are likely to injure or destroy tree(s), are not permitted within
the TPZ.
1.5 No objects may be attached to tree(s) within the TPZ.
1.6 Tree protection barriers are to be erected prior to the commencement of any
construction or grading activities on the site and are to remain in place in good
condition throughout the entire duration of the project.
1.7 Once all tree/site protection measures have been installed you must notify Urban
Forestry staff to arrange for an inspection of the site and approval of the site
protection requirements.
1.8 All Hoarding shall not be removed until all construction activity is complete.
1.9 A sign that is similar to the illustration below must be mounted on the tree
protection barrier for the duration of the project. The sign should made of white
gator board, laminates or equivalent material.
24° !,
eA'4 e e
F�°TREE PROTECTION
`
ZONE(TPZ)
material or equipment, excavation, grade alteration,
or vehicular traffic ispermitted within this TPZ,
Oo not disturb or allow interference with tree protection zones.
barriers, or signs without authorization from
City of Kitchener Urban Forestry (per Public Tree Bylaw)
Concerns or in4niries regarding this TPZ can be dtroated to
treee@kilcheaerca or call 519-741-2345
TREE PROTECTION ZONE SIGNAGE
2.0 ROOT PRUNING
Where possible, hand dig areas closest to each tree to prevent any unnecessary tearing or
pulling of roots. Removal of roots that are greater than 2.5 centimetres in diameter or
roots that are injured or diseased should be performed as follows:
2.1 Preserve the root bark ridge (similar in structure to the branch bark ridge).
Directional Root Pruning (DRP) is the recommended technique and should be used
during hand excavation around tree roots. Roots are similar to branches in their
response to pruning practices. With DRP, objectionable and severely injured roots
are properly cut to a lateral root that is growing downward or in a favorable
direction.
2.2 All roots needing to be pruned or removed shall be cut cleanly with sharp hand
tools, by a Certified Arborist or by the PCA.
2.3 No wound dressings\pruning paint shall be used to cover the ends of each cut.
Page 20 of 274
112 Admiral Road - Kitchener
Page 9
2.4 All roots requiring pruning shall be cut using any of the following tools: large or
small loppers, hand pruners, small hand saws or wound scribers.
2.5 Avoid prolonged exposure of tree roots during construction - keep exposed roots
moist and dampened with mulching materials, irrigation or wrap in burlap if
exposed for longer than 4 hours.
3.0 ESTABLISH MAINTENANCE PROGRAM
All maintenance work must be completed by the approved Project Consulting Arborist or
an equivalent qualified arborist.
Pre -Construction:
3.1 Prune trees to remove deadwood, objectionable limbs while maintaining crown
form.
During Construction:
3.2 Irrigate tree preservation zones during drought conditions, June — September, to
reduce drought stress.
3.3 Inspect the site every month to ensure that all hoarding is in place and in good
condition. Inspect the trees to monitor condition.
Post -Construction:
3.4 Trees require several years to adjust to the stress/injury and environmental changes
that may occur during the development phase. In response, inspect the trees two
times per year — May and September — to monitor condition for a minimum of 2
additional years.
4.0 LANDSCAPING
Any landscaping completed within the tree preservation zones, after construction is
completed and hoarding has been removed, cannot cause damage to any of the trees or
their roots. The trees must be protected for the same reasons listed above but without
using hoarding.
4.1 No grade changes are permitted which include adding and/or removing soil.
4.2 No excavation is permitted that can cause damage to the roots of the tree.
4.3 No heavy equipment can be used to compact the soil within the tree preservation
zone. Compaction is one of the leading agents that cause tree decline within urban
settings.
4.4 Any hard -surface sidewalks, paths, etc. should be constructed using permeable
products such as interlocking stone, etc.
Page 21 of 274
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112 Admiral Road - Kitchener Page 14
APPENDIX Iv: ASSUMPTION AND LIMITING CONDITIONS
1. Care has been taken to obtain all information from reliable sources. All data has been
verified insofar as possible; however GreenPrint Consulting Arborists can neither guarantee
nor be responsible for the accuracy of information provided by others.
2. Excerpts or alterations to the report, without the authorization of the author or his company
invalidates its intent and/or implied conclusions. This report may not be used for any
expressed purpose other than its intended purpose and alteration of any part of this report
invalidates the report.
3. Unless expressed otherwise: 1) information contained in this report covers only those items
that were examined and reflect the condition of those items at the time of inspection; and 2)
the inspection was made using accepted arboricultural techniques and is limited to visual
examination of accessible items without climbing, dissection, probing or coring and detailed
root examination involving excavation. While reasonable efforts have been made to assess
trees outlined in this report, there is no warranty or guarantee, expressed or implied, that
problems or deficiencies with the tree(s) or any part(s) of them may not arise in the future.
All trees should be inspected and re -assessed periodically.
4. This Report has been prepared by using the latest drawings and information provided by the
client and may be intended for inclusion in a site plan approval or a similar planning
submission. However, any subsequent design or site plan alteration affecting regulated trees
may require revisions to this report.
5. Links / URLs found within the report to access web -based resources are current to the date of
the report.
6. The determination of ownership of any subject tree(s) is the responsibility of the owner and
any civil or common-law issues, which may exist between property owners with respect to
trees, must be resolved by the owner. A recommendation to remove or maintain tree(s) does
not grant authority to encroach in any manner onto adjacent private properties.
Page 26 of 274
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Staff 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: 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 28 of 274
• 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.
,W"x.
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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 29 of 274
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 30 of 274
staff are of the opinion that the increase in building height is not onerous and can be
considered minor.
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Figure 3 — Proposed Site Plan
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Figure 4 — Proposed Elevations
Page 31 of 274
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 32 of 274
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 33 of 274
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 34 of 274
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,
cid ,4aw C/fl
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
Document Number: 5041192
Page 35 of 274
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 36 of 274
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 37 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: September 3, 2025
REPORT NO.: DSD -2025-377
SUBJECT: Minor Variance Application A2025-089 — 239 Woodbine Ave.
RECOMMENDATION:
That Minor Variance Application A2025-089 for 239 Woodbine Avenue requesting
relief from the following sections of Zoning By-law 2019-051:
i) Section 4.12.2.e) to permit an unobstructed walkway to have a width of 1 metre
at a pinch point where there are hydro meters instead of minimum required 1.1
metres;
ii) Section 4.12.3.g) to permit a lot width of 9 metres instead of minimum required
10.5 metres;
iii) Section 5.3 a), Table 5-5-1, to permit a parking requirement of 2 parking spaces
(one in the garage and one in the driveway) instead of the minimum required 3
parking spaces; and
iv) Section 7.3, Table 7-2 (4), to permit an Additional Dwelling Unit (ADU)(Detached)
to have a coverage of 20% instead of maximum permitted 15%;
to facilitate the development of two Additional Dwelling Units (ADUs) (both in a
Detached Building), generally in accordance with drawings prepared by BOBICON,
dated August 5, 2025, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review and make recommendations with respect to the
Minor Variance Application received for 239 Woodbine Avenue.
• The key finding of this report is that the requested variances meet the four tests of the
Planning Act and approval is recommended.
• 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 38 of 274
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 western side of Woodbine Avenue, north of the
intersection with Parkvale Drive. The subject property is in the "Huron South"
neighbourhood, in the southwestern area of the City. This area is generally characterized
by new low rise subdivision development. The subject property features a single detached
dwelling and is a slight pie -shape, meaning the rear lot width is wider than the front.
Figure 1: View Of Subject Property From Woodbine 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.
Page 39 of 274
Figure 2: Land Use Designation (Subject Property Is Red Dot)
The property is zoned `Low Rise Residential Zone Four (RES -4)' in Zoning By-law 2019-
051.
Page 40 of 274
Figure 3: Zoning By -Law 2019-051 (Subject Property Outlined In Red)
The purpose of the application is to vary the required lot coverage for a detached
Additional Dwelling Unit, the minimum lot width for a property with a detached ADU, to
permit two parking spaces rather than three, and to permit a pinch point on the access
walkway to the ADUs. The variances are required to facilitate the construction of two
detached ADU's, within one building in the backyard of 239 Woodbine Avenue. The
applicant has submitted for their Zoning Compliance Review, which confirmed the four
requested variances.
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 41 of 274
General Intent of the Official Plan
The subject property is designated Low Rise Residential in the City of Kitchener Official
Plan. Section 15.D.3 of the Official Plan provides policy direction to lands under this
designation.
Policy 15.D.3.3 provides urban design principles regarding the integration of new
development in low rise residential areas:
a) compatibility of building form with respect to massing, scale, design,-
b)
esign,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.3.4 provides additional direction for new residential buildings in predominately
low density neighbourhoods, such as the one surrounding the subject property.
All new residential buildings, additions and/or modifications to existing residential
buildings and conversions in predominantly low density neighbourhoods should be
compatible with and respect the massing, scale, design and physical character of
the established neighbourhood and have both appropriate landscaped areas and
parking areas provided on site.
Regarding the compatibility of built form, the proposed detached ADU occupies 20% of the
lot, where 15% is the maximum. Applying the 15% lot coverage maximum to the subject
property results in a maximum detached ADU size of roughly 60 square metres. In
addition to lot coverage, ADU size is also controlled by building floor area; 80 square
metres is the maximum detached ADU size. The two regulations co -exist to ensure that
detached ADU buildings are compatible with both the primary building on the lot as well as
the adjacent lots. Further, no setback variances for the ADU are required, nor any
variances to the landscaped area. The intent to keep building forms compatible with their
surroundings is maintained by permitting the detached ADU to be 20 square metres larger
than otherwise permitted.
As no variances to setbacks or landscaped areas, the regulations that control amenity
area, are requested, it can reasonably be concluded that the proposal meets the intent of
the Official Plan in providing sufficient landscaped and amenity areas. A parking variance
is requested, with the two required spaces being provided in a tandem arrangement. While
not the most efficient parking scheme, it is an as -of -right permission. A bus route services
the subdivision, and active transportation facilities are in close proximity to the subject
property. Transportation staff also generally do not have concerns with the one space
reduction.
Further policy direction is provided in Section 4 of the Official Plan, Housing. Minor
variance applications are given specific direction through 4.C.1.8, the sections of which
with relevance to the application state (with staff commentary interspersed):
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
Page 42 of 274
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.
Of the requested variances, the variance to lot coverage for a detached ADU impacts the
massing compatibility with the surrounding area. As indicated above, the maximum
detached ADU size of 80 square metres is maintained, as are all required setbacks.
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.
The proposed detached ADU features a main level unit and lower level unit. The main
floor unit does not have windows on the northern or southern walls, which are the walls
that face the abutting lots. By not having windows on these walls, there is no overlook
concerns on neighbouring properties. Additionally, the proposed detached ADU meets the
required setbacks.
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.
As indicated above, the proposal meets the setback and landscaped area requirements,
which are used to ensure that sufficient amenity and landscaped areas are provided. A
parking reduction of one space is proposed, which Transportation staff are amenable to.
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.
Policy 4.C.1.8.f) directs that one variance should not cause another. The variance that
requires assessment for meeting the intent of this policy is the reduction to lot width, to
understand if it is causing the need for both the pinch point and parking space reduction.
In meeting the intent of the policy, staff note that the current lot width is an existing
condition. The variance requested to lot width is to legalize that existing condition, which in
itself does not result in the other two variances. The lot is built at a size that does not
accommodate side-by-side parking, meaning that lot width variance or not, three parking
spaces could not be accommodated on the subject property. The reduction of one parking
space will be assessed on its own merit, not due to lot not being able to accommodate the
third spot. The pinch point is due to the location of the hydro metre, which is generally
considered technical in nature rather than an undue effect of another variance.
Page 43 of 274
It is staff's opinion that the requested variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The City has previously taken the stance that the intent of the 10.5 metre lot width is to
ensure that side-by-side parking can be accommodated. Where this application differs
from previous application, is that the requested variance to 9 metres is an existing lot
condition. The intent of the zoning regulation may be to provide side-by-side parking, but
conversely the intent is not to prohibit additional dwelling units on existing lots where they
can reasonably be accommodated. By reducing the lot width, the minimum side yard
setbacks and landscaped areas of the Zoning By-law remain complied with. The resulting
parking arrangement is forced into a tandem arrangement, which is permitted by both the
Planning Act and Zoning By-law.
The zone provision for lot coverage for detached Additional Dwelling Units is to ensure a
complimentary built form relationship with the primary dwelling on the site, as well as
adjacent properties, while maintaining sufficient setbacks and landscaped areas. The
proposal continues to meet all setback and height requirements for detached Additional
Dwelling Units, and minimum landscaped areas are maintained. Additionally, the Zoning
By-law prescribes a maximum floor area for detached Additional Dwelling Units, which is
maintained by the proposal.
The intent of the 1.1 metre unobstructed walkway is to ensure accessibility to the dwelling
units. Pinch points of 1 metre width are supported by the City and are considered a
technical variance.
Minimum parking provisions are provided to ensure that sufficient parking spaces are
provided on a property. The City is typically supportive of reductions to parking standards
as a means to encourage a shift away from car dependency. One Grand River Transit bus
has a route through the subdivision, including a stop a short distance south of the subject
property on Woodbine Avenue. Active transportation routes are available along the hydro
corridor a short distance north of the subject property, with the Huron Natural Area also
being connected to the subdivision. Due to the parking reduction, it is expected that
advertisements and lease agreements for the ADU(s) clearly indicate that the unit(s) do
not have a parking space and parking on the street in not an acceptable alternative, nor is
parking on the property in non -parking area (i.e. straddling the access walkways).
It is staff's opinion that the requested variances meet the general intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
To assess if the effects of a variance a minor, a common approach is to consider the
impacts on the surrounding area. By increasing the lot coverage maximum to 20% from
15%, the detached ADU may be 80 square metres in size (meeting the maximum size of a
detached ADU by floor area), rather than 60 square metres. The increase of detached
ADU size from 60 square metres to 80 is not anticipated to have adverse impacts.
As indicated in the comments from Transportation staff, the proposed parking
arrangement is required to be clearly communicated to future tenants. So long as the
requirements are adhered to, undue impacts are not anticipated by the parking space
Page 44 of 274
reduction. Tangentially, the reduction to the minimum lot width is not anticipated to
produce a negative impact, as the parking space reduction mitigates the impacts of
tandem parking.
The variance to permit the 1 metre pinch point along the unobstructed walkway is
generally technical in nature and no adverse impacts are anticipated.
It is staff's opinion that the effects of the requested variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The subject property is located within a recently developed subdivision, which generally
consists of smaller backyards than the more central neighbourhoods of the City. This
development approach is generally incompatible with a detached ADU, limiting the
potential to introduce rental infill to these areas. The subject property has the depth and
width, partly due to the pie -shaped lot, to accommodate the ADU's where most other
properties in the area cannot. The variances facilitate the creation of two detached ADU's
and therefore the ownership mix and housing options available in the neighbourhood,
which is a desirable outcome. The lot coverage increase enables the detached units to be
larger, and more livable, than a typical detached dwelling unit.
The existing lot requires tandem parking, which will require vehicles to be "juggled" (i.e.
temporarily move the vehicle on the driveway to allow the car in the garage to exit). As the
Official Plan notes that this section of Woodbine Avenue is a "Local Street", it is intended
to provide access to abutting properties and not intended to carry high volumes of through
traffic. While juggling cars is not ideal, juggling is only required between two cars and is on
a street with low traffic volumes.
It is staff's opinion that the requested variances are desirable for the appropriate
development of the site.
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:
The side yard currently accommodates overland stormwater flows from the rear yard. A
sidewalk is required to the rear yard in accordance with the Zoning By-law. 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. Attachment "A2025-089 - 239 Woodbine Ave — GRADING.png"
included for owner/builder reference.
Page 45 of 274
Parks and Cemeteries/Forestry Division Comments:
There is an existing City -owned street tree within the right-of-way on Woodbine 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. 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 defer to Committee members regarding the request to provide 2
parking spaces instead of the required 3 parking spaces.
Transportation Staff support the parking reduction if the cost of parking is unbundled from
the cost of the unit, and residents/tenants are aware of whether an exclusive parking
space is available for their use before moving in.
Transportation Staff recognize that not all tenants will own a vehicle and are generally
supportive of parking reductions for residential units. However, Staff also are aware of the
limited amenities and transit services at this time near the site.
Page 46 of 274
The Applicant should be aware that the City does not permit on -street parking for more
than 3 consecutive hours on any street from 6 a.m. to 11 p.m. unless signs are posted
otherwise.
Six Nations of the Grand River — Environmental Comments:
Advisory Comments.-
Six
omments:Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without
consultation or consent of SNGR. The cumulative effects of this intense development has
contributed to significant environmental degradation, and as a result, Six Nations has
experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are
not only set out in the treaties themselves but are also recognized and affirmed in Section
35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and
any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701
Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for
perpetuity, but this proposal undermines those rights. SNGR must be accommodated to
mitigate any harm to its treaty rights caused by the proponent.
Six Nations of the Grand River:
Could you please confirm whether an archaeological assessment has been completed for
the site located at 239 Woodbine Ave? If available, we would appreciate receiving any
related documentation or reports.
Planning Staff Response.-
These
esponse:These lands are part of a subdivision from 2001, and the area has been area graded and the
lot has been developed with a detached dwelling. As review and approval of Archaeological
Assessments was a Regional responsibility, staff were not able to access any approved
Archaeological Assessment for the subdivision in advance of preparing this report. The
Owner is advised that if during construction, archaeological discoveries are found,
construction must be stopped and appropriate SNGR and Ministry Staff must be contacted.
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 47 of 274
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
ATTACHMENTS:
Attachment A — Site Plan
Page 48 of 274
Attachment A — Site Plan
Page 49 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 50 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 51 of 274
August 28, 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 — September 16, 2025
Applications for Minor Variance
A 2025-089 239 Woodbine Avenue
A 2025-090 10 Abram Clemens Street
A 2025-091 234-240 Frederick Street
A 2025-093
535 Stirling Avenue South
A 2025-094
160 Samuel Street
A 2025-095
66 Georgina Street
A 2025-096
457 Maple Avenue
A 2025-097
4438 King Street East & 65 Gateway Park Drive
A 2025-098 to A 2025-100 180 Ahrens Street West
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 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 aherreman(a)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 52 of 274
From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 53 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 54 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 55 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
contain private and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 56 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 57 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 58 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 59 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 60 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 61 of 274
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Page 62 of 274
Ana Carolina Cronemberger C Mendonca
Breno Ferraira de Mendonca
September 08, 2025
To:
Committee of Adjustment
Legislated Services
Kitchener
Re: Opposition to Application A 2025-089 - 239 Woodbine Avenue
Committee of Adjustment Meeting - Tuesday, September 16, 2025
Dear Members of the Committee,
As residents and homeowners of we are writing to formally
oppose the application for A 2025-089 - 239 Woodbine Avenue to add two additional dwelling
units to the existing house.
My opposition is based on the following concerns:
1. Overdevelopment and Density
Adding two more units to this property would significantly increase density on a lot that
was not designed for such use. Our street already suffers from increased density, as
several houses have converted their basements into secondary dwelling units. This has
already introduced challenges related to parking congestion, garbage management, and
general strain on shared community resources. Allowing further intensification on top of
this situation would worsen these problems and set a harmful precedent for unchecked
overdevelopment in the neighbourhood.
2. Parking and Traffic Impact
Our street already experiences parking, particularly during evenings and weekends.
Additional dwelling units would exacerbate this issue, leading to unsafe conditions,
especially for children and pedestrians. As illustrated in the attached photos (Appendix),
existing basement units on our street already contribute to parking pressure and density
concerns. This demonstrates that the neighbourhood already carries more than its fair
share of intensified housing, and further additions would push it beyond a reasonable
limit.
3. Impact on Municipal Services and Winter Road Maintenance
Parking overflow from additional units would further obstruct snowplowing and road
clearing in the winter. Vehicles parked on the street already reduce the efficiency of city
services, and more units would worsen this situation, leaving roads narrower, icier, and
less safe for both drivers and pedestrians.
4. Impact on Privacy and Light
Extending the house may reduce natural light for adjacent homes and negatively impact
1/3
Page 63 of 274
neighbours' (privacy and enjoyment of their property.
5. Infrastructure Capacity
Increased occupancy places an additional burden on local infrastructure, including water,
sewage, and waste collection. These systems were not intended to support multi -unit
developments on single-family lots.
6. Zoning Intent and Precedent
The zoning by-laws for this area were established to preserve low-density residential
use. Approving this application could set an unfavourable precedent for similar
developments, leading to cumulative over -intensification of the neighbourhood.
For these reasons, I respectfully urge the Committee to deny this application and uphold the
intent of the zoning by-laws, ensuring that development remains compatible with the existing
neighbourhood.
Thank you for considering my submission.
Sincerelv.
Ana Carolina Cronemberger C Mendonca -
Breno FerrAiira de Mendonca
2/3
Page 64 of 274
Appendix
Kv
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313
Page 65 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: September 4, 2025
REPORT NO.: DSD -2025-388
SUBJECT: Minor Variance Application A2025-090 - 10 Abram Clemens St.
RECOMMENDATION:
That Minor Variance Application A2025-090 for 10 Abram Clemens Street requesting
relief from the following Sections of Zoning By-law 85-1:
i) Section 40.2.6 to permit a Floor Space Ratio (FSR) of 0.65 instead of the
maximum permitted FSR of 0.6;
ii) Section 40.2.6 to permit a building height of 16 metres instead of the maximum
permitted height of 10.5 metres; and
iii) Special Regulation Provision 765R — Multiple Dwellings, b) to permit a
maximum street line setback along Bleams Road of 9.2 metres and from Abram
Clemens Street of 6 metres instead of the maximum permitted setback from a
street of 4.5 metres;
to facilitate the construction of a multiple dwelling residential development
consisting of 139 townhouse units, in accordance with Site Plan Application
SPF25/041/A, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application to facilitate the
construction of a multiple dwelling residential development consisting of 139
townhouse dwelling units.
• The key finding of this report is that the variances meet the four tests of the Planning
Act and staff recommends approval.
• 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 66 of 274
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 Abram Clemens Street, with
frontage at the Bleams Rd and Abram Clemens Street roundabout.
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Figure 1 - Location Map: 10 Abram Clemens Street
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Density Residential Two' within the Rosenberg Secondary Land Use Plan
the City's Official Plan.
The property is zoned `Residential Six Zone (R-6) with Special Regulation Provision 765R'
in Zoning By-law 85-1.
The purpose of the application is to review a Minor Variance Application to facilitate the
construction of a multiple dwelling residential development consisting of 139 residential
townhouse dwelling units. The applicant is requesting an increase in FSR to 0.65 rather
than the maximum permitted 0.6, an increase in building height of 16 metres rather than
the permitted maximum 10.5 metres, and an increase to the maximum permitted setback
from a street to 9.2 metres from Bleams Road and 6 metres from Abram Clemens Street
instead of the maximum permitted 4.5 metres.
Page 67 of 274
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The property itself is an irregular shape lot and due to the curvature of the street and the
nature of the layout of the townhouse dwellings the 4.5 metre maximum setback can not
be met. The setback request is being made for specific blocks of townhouses. Block 1 is
nearest to the intersection of Bleams Road and Abram Clemens Street and is requesting a
maximum setback of 9.2 metres from Bleams Road. While Blocks 3-5 and Blocks 6-9,
require a setback maximum of 6 metres rather than the permitted 4.5 metre maximum.
The remaining Blocks meet the required setbacks as outlined in Special Regulation
Provision 765R.
The requested minor variance for an increase in the maximum permitted building height, is
due to the significant grade change on the property. As seen in Figure 3 and 4, the
undeveloped lot has a significant grade change resulting in the buildings that are closer to
Bleams Road not being able to meet the maximum permitted heights. Planning staff are
supportive of the increase in the height for the specific blocks as outlined below due to the
grading on the site. Please see Figures 5 and 6.
Figure 3 — Existing grading conditions - 10 Abram Clemens Street
Page 69 of 274
Figure 4 — Existing grading conditions -10 Abram Clemens Street
Maximum building heights requested per block:
Block 1 - 16 metres (in Red)
Block 2 - 14 metres (in Blue)
Block 3 - 13.5 metres (in Green)
Blocks 4 and 5 - 13 metres (in Yellow)
Blocks 6-9 - 12.85 metres (in Orange)
Blocks 10-13 - 12.2 metres (in Purple)
Blocks 14-21 - 12 metres (in Pink)
Page 70 of 274
Figure 5 — Grading for specific townhouse blocks within the Site Plan
Page 71 of 274
Figure 6 — Grading for specific townhouse blocks within the Site Plan
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 intent of the `Low Density Residential Two' land use designation is to accommodate a
full range of low density housing types including single detached dwellings, duplex
dwellings, townhouse dwellings and low-rise multiple dwellings. The maximum Floor
Space Ratio (FSR) and building height is regulated through the Zoning By-law. Official
Plan policies do permit site specific increases within low rise residential zones to a Floor
Space Ratio (FSR) up to a maximum of 0.75, where it can be demonstrated that the
increase is compatible. Planning Staff have worked with the applicant through the Site
Plan Application process to achieve a site layout that can accomplish compatibility and
can demonstrate that it can be developed in a manner that does not cause adverse
impacts. Planning Staff are of the opinion that the proposed development meets the
general intent of the Official Plan.
Page 72 of 274
General Intent of the Zoning By-law
Floor Space Ratio
The intent of the regulation for a maximum Floor Space Ratio of 0.6 for multiple dwellings
is to regulate the overall massing of buildings on site and to ensure there is adequate
space on-site for off-street parking, amenity areas, waste storage, snow storage, hydro
transformers, community mailbox, bicycle storage, and other various site features. The site
plan provided demonstrates that there is adequate space on site for the aforementioned
items and through the Site Plan process staff have reviewed the plan to ensure the site
functions. Staff is of the opinion that the requested variance for an increase in Floor Space
Ratio meets the general intent of the Zoning By-law.
Building Height
The intent of the maximum building height is to ensure that the overall building height does
not negatively impact adjacent properties and cause overlook issues, and shadow
impacts. Because of the slope of the overall property the increases in building height are
requested in order to maintain a consistent building height throughout the development.
The requested maximum height is only required for one of the proposed townhouse blocks
with the remaining blocks gradually declining in height as the grade levels out. The overall
multiple dwelling development is being constructed to feel uniform in nature and through
the site plan process the heights and massing have been carefully reviewed and accepted.
Staff is off the opinion that the requested variance for an increase in Building height meets
the general intent of the Zoning By-law.
Streetline setback
The intent of the streetline setback as outlined by Special Regulation Provision 765R is so
that the development maintains a consistent street line presence. Because of the
curvature of the road, the townhouse blocks cannot meet the setbacks as outlined in the
special provision. Staff are satisfied through the detailed design that the proposed
townhouses will maintain a street presence with proposed porches and entryways, as well
there are no driveways that are proposed along Abram Clemens Street as the driveway
and garages are accessed through the interior roadways.
Is/Are the Effects of the Variance(s) Minor?
The effects of the increase in Floor Space Ratio (FSR), height and maximum street line
setback are considered minor, as the increased floor space on site can be accommodated
while providing for the necessary site features as well as maintaining the required side and
rear yard setbacks. The increased floor space is not expected to increase impacts to the
surrounding neighbourhood beyond what is permitted with a 0.6 Floor Space Ratio
permitted as -of -right. The height increase and street line setbacks are all due to the unique
shape and grade of the subject property and are not expected to impact the surrounding
neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variance is considered desirable for the appropriate development of the
land. The increase in Floor Space Ratio (FSR), building height and maximum setbacks
Page 73 of 274
allows for a design of a complete townhouse blocks, while developing the site with the
permitted building typology of multiple dwellings within stacked townhomes.
Environmental Planning Comments:
All Kitchener Natural Heritage Study and Tree Management Policy issues were addressed
as part of the registration of 30T-09201. The east -west spruce hedgerow was approved for
removal. No trees remain on site. No environmental planning concerns.
Heritage Planning Comments:
The property municipally addressed as 10 Abrams Clemens Street is located adjacent to
1291 Fischer Hallman Road, which is listed as a non -designated property of cultural
heritage value or interest on the City's Municipal Heritage Register. The proposed
application is not expected to have major adverse impacts on the listed property. Thus,
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 townhouses are obtained prior to construction. Please contact the Building Division at
building(a)kitchener.ca with any questions.
Engineering Division Comments:
No engineering comments or concerns.
Parks and Cemeteries/Forestry Division Comments:
All Parks requirements will be addressed through Site Plan Application SPF25/041/A.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No comments or concerns.
Six Nations of the Grand River Elected Council — Environmental Comments:
Advisory Comments.-
Six
omments:Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without
consultation or consent of SNGR. The cumulative effects of this intense development has
contributed to significant environmental degradation, and as a result, Six Nations has
experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are
not only set out in the treaties themselves but are also recognized and affirmed in Section
35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and
any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701
Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for
perpetuity, but this proposal undermines those rights. SNGR must be accommodated to
mitigate any harm to its treaty rights caused by the proponent.
Page 74 of 274
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a natural
state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests
that these compensations come in the forms of affordable units, dedicated units for First
Nations people, and environmental enhancements. Please reach to plan a meeting to
collaborate on determining compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests
that the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's
capacity allows.
Planning Staff Response.-
Planning
esponse:Planning Staff note that the Treaty Rights Compensation comments are `advisory' at this
time and will work with the applicant during the Site Plan Approval process to address the
landscaping comments.
Six Nations of the Grand River Comments:
If an Archaeological Assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill-Montour,(tanyahill-montour(a�sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
Planning Staff Response.-
This
esponse:This site is part of Subdivision Application 30T-08203 and in 2015 when the draft approved
subdivision plan was registered, the Region has confirmed that they have received approved
copies of the Archeological Assessment Report and all clearances have been issued by the
Ministry of Tourism, Culture, and Sport.
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 75 of 274
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 (1994 and 2014)
• Zoning By-law 85-1
Page 76 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 77 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 78 of 274
August 28, 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 — September 16, 2025
Applications for Minor Variance
A 2025-089 239 Woodbine Avenue
A 2025-090 10 Abram Clemens Street
A 2025-091 234-240 Frederick Street
A 2025-093
535 Stirling Avenue South
A 2025-094
160 Samuel Street
A 2025-095
66 Georgina Street
A 2025-096
457 Maple Avenue
A 2025-097
4438 King Street East & 65 Gateway Park Drive
A 2025-098 to A 2025-100 180 Ahrens Street West
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 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 aherreman(a)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 79 of 274
From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 80 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 81 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 82 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
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you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 83 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 84 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 85 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 86 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 87 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 88 of 274
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reply email and destroy all copies of the original.
Page 89 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: September 3, 2025
REPORT NO.: DSD -2025-382
SUBJECT: Minor Variance Application A2025-091 — 234-240 Frederick St.
RECOMMENDATION:
That Minor Variance Application A2025-091 for 234-240 Frederick Street requesting
relief from Section 6.1.2 (a) of Zoning By-law 85-1, to permit 26 parking spaces
inclusive of visitor parking for a multiple dwelling building instead of the minimum
required 49 parking spaces inclusive of visitor parking, to facilitate the construction
of a multiple dwelling consisting of 32 dwelling units, generally in accordance with
drawings prepared by Arcadis, dated June 25, 2025, BE APPROVED subject to the
following condition:
1. That the Owner shall submit a revised Site Plan to the satisfaction of the
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 32 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 north side of Frederick Street, near the intersection
of Gordon Avenue and Frederick Street.
*** 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 274
Figure 1 - Location Map: 234-240 Frederick Street
The subject property is identified as `Community Areas' on Map 2 — Urban Structure in the
2014 Official Plan and is designated `Low Density Commercial Residential' within the
Central Frederick Neighbourhood Secondary Plan in the City's 1994 Official Plan.
The property is zoned `Commercial Residential One Zone (CR -1) with Special Regulation
Provision 114R and Special Use Provision 128U' in Zoning By-law 85-1.
The purpose of the application is to review a minor variance for a parking reduction.
An application to the Committee of Adjustment was made for the development in April
2022. The application was requesting minor variances for an increase in building height, a
rear yard setback reduction and a parking reduction to 1 parking space per residential
dwelling unit, 1 parking space per 65 m2 of Gross Floor Area (GFA) and to allow for up to
50% of the parking spaces be shared for office/non-residential uses and visitor parking.
Planning staff recommended approval of the application, however the Committee of
Adjustment refused the application and the applicant appealed the decision to the Ontario
Land Tribunal (OLT). The OLT issued a decision on September 18, 2023 approving the
variances and overturning the Committee of Adjustment decision. The variances for the
application are approved and in effect.
A subsequent Site Plan Application for the development was submitted and has received
`Conditional Site Plan Approval' for the development of a 32 unit multiple dwelling. 3
dwelling units that exist on the property will also remain for a total of 35 dwelling units on
the property. A total of 42 parking spaces were provided on site as per the OLT decision.
Page 91 of 274
The application also utilized a stacked parking system for 36 of the required parking
spaces.
Through the development of the Site Plan, the applicant advised that the proposed
stacked parking system that was developed would not be able to function correctly and
additional parking spaces would have to be removed in order to create a functional system
for the development. The applicant is asking to reduce the amount of residential parking to
26 parking spaces at a rate of 0.72 parking spaces per dwelling unit. The commercial
parking rate will remain the same and an overall total of 30 parking spaces will be provided
inclusive of 4 visitor parking spaces and 2 barrier free parking spaces.
The applicant has also submitted a revised Parking Justification Study. Transportation
Services have reviewed the application and with discussions with the applicant are
supportive of the design of the parking stacking system and the further requested parking
reduction.
Figure 2: View of the Subject Site from Frederick Street
Page 92 of 274
Figure 3: View of the Subject Site from intersection of Frederick Street and Gordon Avenue
_ � e
C_
fit
Sri L.IC�cy J •, ' :.-,.
-_r.„=RICK STREET
Figure 4: Proposed Site Plan in 2022
Page 93 of 274
i
Figure 5: Revised Site Plan — Parking Layout
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 intent of the Low Density Commercial -Residential designation within the Central
Frederick Secondary Plan is to provide for a range of residential and office uses which
respects- the role of the Downtown as the commercial centre of Kitchener; the traffic
operational constraints of Frederick Street; and the scale, and use of the adjacent low rise,
low density residential area. This designation will also encourage the conservation and
continuance of the existing character and quality of the area through the long term
maintenance and improvement of the existing architecture.
The proposed development concept proposes to provide a mix of residential and office
space on site. It also proposes to retain the existing Heritage buildings on site, and the
continued use and maintenance of the buildings. The building orientation and scale are
designed to respect the surrounding properties and neighbourhood. Therefore, the
proposed variance meets the general intent of the Central Frederick Secondary Plan.
Page 94 of 274
General Intent of the Zoning By-law
The intent of the parking regulations in Section 6.1.2 of the Zoning By-law is to ensure that
adequate vehicle storage can be provided on site. The applicant intends to utilize a
parking stacking system for the residential parking spaces and generally each dwelling
unit will have their own parking space. Staff acknowledges that the requested parking rate
for residential units and request to share visitor and office parking is generally in line with
the City's new Zoning By-law (2019-051) rates and regulations that are not yet in in effect
on the subject site. For justification for the requested reduction, the site is within close
proximity to a Major Transit Station Area with good access to LRT and bus transit options
which can reduce the demand for automobile parking. In terms of active transportation, the
applicant is proposing a secured bicycle storage room on site. Planning staff are of the
opinion that the propose parking supply on site is adequate for vehicle storage for the
proposed uses. The variance would maintain the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested reduction for parking is a small deviation that can maintain the intent of the
By-law, while increasing the use and function on the current site. Staff do not anticipate
any adverse impacts from the requested variance and expect any effects to be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The applicant has proposed a concept that can fit within the existing neighbourhood and
can complement the existing Heritage assets on site. The applicant has taken the
proposed concept to the Heritage Kitchener Committee on March 1 st 2022 and received
support. Staff is of the opinion that the proposed scale, design, and use are
complementary to the existing site and surrounding neighbourhood and can therefore be
considered desirable for the use of the land.
Environmental Planning Comments:
No natural heritage features/functions. Tree Management Policy compliance would have
been addressed by Urban Designer at Site Plan Approval. Street tree condition to Parks
Planning.
Heritage Planning Comments:
234-240 Frederick Street is listed as a non -designated property of cultural heritage value
or interest on the City's Municipal Heritage Register. This project is subject to an active
Site Plan Application. The request for decreased parking spaces is not anticipated to have
an adverse negative impact on the listed property'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 apartment is obtained prior to construction. Please contact the Building Division at
building(akitchener.ca with any questions.
Engineering Division Comments:
No engineering division concerns.
Page 95 of 274
Parks and Cemeteries/Forestry Division Comments:
All Parks requirements will be addressed through Site Plan Application SPF21/094/F/ES.
Transportation Planning Comments:
Transportation Services is supportive of the proposed parking reduction due to:
• The site's location, which is less than 50 metres from an existing SGA zone where
there are no minimum parking requirements.
• No reduction in the number of visitor parking spaces, which was at the request of
Transportation Staff. All parking reductions will apply to occupants, who will be
aware of whether they have access to an exclusive parking space. The shared
visitor/office parking spaces rate was approved by a previous OLT decision.
• Many amenities including groceries, restaurants, public services, and employment
areas within walking distance.
• Nearby public off-street parking facilities in the Civic District to accommodate excess
parking demand.
• Nearby transit and active transportation facilities (i.e. multi -use paths, bike lanes).
Transportation Services have extensively reviewed the proposed parking stacker with the
Applicant and have concluded that there is minimal public safety risk with the use of the
proposed system. The system is expected to accommodate nearly all standard passenger
vehicles that are less than 5.5 metres in length (i.e. a standard City size parking space)
from a dimension and weight perspective. It is acknowledged that while there are minimal
safety hazards, residents/tenants may face increased delays in the use of a parking
stacker compared to typical parking spaces as the system has to store/retrieve the vehicle
in addition to the vehicle being parked by the driver.
Any additional queuing expected from the increase in internal delays from use of the
parking stackers are not expected to impact the public right-of-way, and all accessible
parking spaces are located outside the building.
Region of Waterloo Comments:
No Region of Waterloo comments or concerns.
Six Nations of the Grand River — Environmental Comments:
Advisory Comments.-
Six
omments:Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without
consultation or consent of SNGR. The cumulative effects of this intense development has
contributed to significant environmental degradation, and as a result, Six Nations has
experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are
not only set out in the treaties themselves but are also recognized and affirmed in Section
35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and
any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701
Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for
perpetuity, but this proposal undermines those rights. SNGR must be accommodated to
mitigate any harm to its treaty rights caused by the proponent.
Page 96 of 274
Six Nations of the Grand River — Archeological Comments:
Given the significant prior disturbance to the area, an Archaeological Assessment is not
deemed necessary for this site.
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 (1994 and 2014)
• Zoning By-law 85-1
• DSD -2022-175
• OLT-22-003824
Page 97 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 98 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 99 of 274
August 28, 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 — September 16, 2025
Applications for Minor Variance
A 2025-089 239 Woodbine Avenue
A 2025-090 10 Abram Clemens Street
A 2025-091 234-240 Frederick Street
A 2025-093
535 Stirling Avenue South
A 2025-094
160 Samuel Street
A 2025-095
66 Georgina Street
A 2025-096
457 Maple Avenue
A 2025-097
4438 King Street East & 65 Gateway Park Drive
A 2025-098 to A 2025-100 180 Ahrens Street West
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 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 aherreman(a)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 100 of 274
From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 101 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 102 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 103 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
contain private and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 104 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 105 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 106 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 107 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 108 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 109 of 274
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reply email and destroy all copies of the original.
Page 110 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 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 1
DATE OF REPORT: September 3, 2025
REPORT NO.: DSD -2025-379
SUBJECT: Minor Variance Application A2025-092 —184 Woolwich Street
RECOMMENDATION:
That Minor Variance Application A2025-092 for 184 Woolwich Street requesting
relief from the following Sections of Zoning By-law 2019-051:
i) Section 4.1 d) to permit an accessory structure to have a building height to the
underside of the fascia of 4.6 metres instead of the maximum permitted 3
metres;
ii) Section 5.4, Table 5-2, to permit a driveway width of 11.7 metres instead of the
maximum permitted 8 metres, for a distance beyond 50 metres from the front
lot line, provided the driveway remains outside of an existing conservation
easement;
iii) Section 7.3, Table 7-2, to permit a building height of 12.2 metres instead of the
maximum permitted 11 metres;
to facilitate the construction of a new detached dwelling, generally in accordance
with drawings prepared by Structured Creations Inc., dated June 16, 2025, BE
APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of an application for Minor
Variance to facilitate the construction of a new detached dwelling.
• The key finding of this report is that the minor variances meet 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 111 of 274
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.
Figure 1 — Location Map (Property Outlined in Red)
BACKGROUND:
The subject property is located on the south side of Woolwich Street, between Sunbridge
Crescent and Macville Avenue, in the Bridgeport North Planning Community. The property
is currently vacant. The lands surrounding the subject property are comprised primarily of
low-rise residential land uses.
The subject property is identified as `Community Areas' and `Green Area' on Map 2 —
Urban Structure and is designated `Low Rise Residential' and `Natural Heritage
Conservation' 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 maximum permitted height to
the underside of the fascia for an accessory structure, maximum permitted driveway width,
and maximum permitted building height regulations. Relief is required to facilitate the
construction of a single detached dwelling.
The subject property was severed from 192 Woolwich in 2022. The property contains
GCRA regulated wetlands that are located within a Conservation Easement. The
easement was required when the lands were severed and covers the northwest and
eastern portions of the subject property. An Environmental Impact Study dated September
2022 was also completed by Natural Resource Solutions Inc. when the property was
originally severed.
Page 112 of 274
I
1
8 1z
4 ]6
1
g,
SURBRIDGE CRES
? j
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Figure 1 — Location Map (Property Outlined in Red)
BACKGROUND:
The subject property is located on the south side of Woolwich Street, between Sunbridge
Crescent and Macville Avenue, in the Bridgeport North Planning Community. The property
is currently vacant. The lands surrounding the subject property are comprised primarily of
low-rise residential land uses.
The subject property is identified as `Community Areas' and `Green Area' on Map 2 —
Urban Structure and is designated `Low Rise Residential' and `Natural Heritage
Conservation' 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 maximum permitted height to
the underside of the fascia for an accessory structure, maximum permitted driveway width,
and maximum permitted building height regulations. Relief is required to facilitate the
construction of a single detached dwelling.
The subject property was severed from 192 Woolwich in 2022. The property contains
GCRA regulated wetlands that are located within a Conservation Easement. The
easement was required when the lands were severed and covers the northwest and
eastern portions of the subject property. An Environmental Impact Study dated September
2022 was also completed by Natural Resource Solutions Inc. when the property was
originally severed.
Page 112 of 274
Development and Housing Approvals staff visited the site on August 29, 2025.
'Yh �
Figure 2: Street View of 184 Woolwich Street
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' and `Natural Heritage
Conservation" the 2014 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
proposed single detached dwelling use. The primary intent of the Natural Heritage
Conservation land use designation is to protect and/or conserve our natural heritage
features and their ecological functions. The Natural Heritage woodlands and wetlands on
the property are located within a Conservation Easement and will not be impacted by the
proposed development. Therefore, Planning Staff are of the opinion that the requested
variances would maintain the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of Section 4.1 d) which outlines the maximum height of the underside of any
fascia for an accessory building is to ensure consistent built form and visual scale and
minimize negative visual impacts on surrounding residential properties. Relief is required
from the 3 metre maximum height to the underside of the fascia due to the downward
slope of the rear yard toward the rear lot line. The height of the underside of the fascia on
Page 113 of 274
the front fagade of the accessory structure maintains the maximum 3 metres. Relief is
requested to allow the accessory building to connect with the rear yard amenity area and
match the existing grade. The front of the structure will be level with the proposed
driveway, but the rear requires relief due to a significant drop in elevation to the backyard.
The subject property abuts wetlands and woodlands to the rear, and is well treed along the
southern lot line, so no significant visual impacts are anticipated.
Figure 3: Proposed Accessory Building Side Elevation
(Relief requested highlighted in Yellow)
The intent of the maximum driveway width regulation in Section 5.4, Table 5-2 is to
preserve permeable landscaping and prevent excessive hard surface coverage on the
property, and to ensure consistent curb cuts. Relief is required to allow an 11.7 metre wide
driveway instead of the maximum permitted 8 metres due to a small section of the
driveway that exceeds the 8 metres. The proposed widening is located at the southern
portion of the property where the driveway meets the proposed dwelling and accessory
building and will allow connected access between the buildings. Transportation Services
has advised that they have no concerns with the requested relief from the required
driveway provided the widening remains beyond 50 metres from the front lot line.
Environmental Planning has no concerns with the requested relief provided that the
portion of the driveway being widened does not encroach on an existing Conservation
Easement, where a significant portion of vegetation is protected.
Page 114 of 274
Figure 4: Proposed Site Plan (Relief requested highlighted in Yellow)
The intent of Section 7.3, Table 7-2 is to mitigate negative visual impacts and privacy
concerns and ensure that built form remains compatible with the surrounding
neighbourhood. Relief is being requested to allow for a height of 12.2 metres, where
maximum 11 metres is permitted. The part of the roof that exceeds the maximum height is
a small section at the peak of the roof ridge located above the front entrance. The rest of
the building maintains the maximum 11 metre height. The proposed single detached
dwelling is setback over 50 metres from the front lot line, and it is located in a well treed
area. Additionally, the proposed dwelling reflects a similar character and scale as the
neighbouring dwellings. As such, no significant negative visual impacts are anticipated.
Figure 5: Proposed Roof Site Plan (Relief requested highlighted in Yellow)
Page 115 of 274
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Figure 5: Proposed Roof Site Plan (Relief requested highlighted in Yellow)
Page 115 of 274
Figure 6: Proposed Front Elevation (Relief requested highlighted in Yellow)
Therefore, Planning Staff are of the opinion that the requested variances maintain the
general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed height variances for the underside of the fascia for an accessory building
and building height for the primary dwelling are not anticipated to have any significant or
adverse impacts on the neighbouring properties, as the proposed development is
significantly set back from the street and located in a heavily treed area. The portion of the
driveway requiring relief is small and is also a significant distance from the street.
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 Aoarooriate Development or Use of the Land.
Building and/or Structure?
The proposed single detached dwelling and accessory structure are compatible with the
neighbouring dwellings and surrounding residential area. Therefore, Planning Staff are of
the opinion that the requested variances are desirable and appropriate for the
development of the lands.
Environmental Planning Comments:
184 Woolwich Street was previously severed from 192 Woolwich Street. The entire
property is zoned `RES -2' with the wetlands regulated by the GRCA. A Conservation
Easement was required to protect the wetlands/woodlands. No concerns provided that the
proposed variance for a driveway widening is not located within the Conservation
Easement.
Heritage Planning Comments:
The subject property has no heritage status, but is located adjacent to the Walter Bean
Trail 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 impact the CHL, and as such, staff have
comments or concerns.
Page 116 of 274
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Figure 6: Proposed Front Elevation (Relief requested highlighted in Yellow)
Therefore, Planning Staff are of the opinion that the requested variances maintain the
general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed height variances for the underside of the fascia for an accessory building
and building height for the primary dwelling are not anticipated to have any significant or
adverse impacts on the neighbouring properties, as the proposed development is
significantly set back from the street and located in a heavily treed area. The portion of the
driveway requiring relief is small and is also a significant distance from the street.
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 Aoarooriate Development or Use of the Land.
Building and/or Structure?
The proposed single detached dwelling and accessory structure are compatible with the
neighbouring dwellings and surrounding residential area. Therefore, Planning Staff are of
the opinion that the requested variances are desirable and appropriate for the
development of the lands.
Environmental Planning Comments:
184 Woolwich Street was previously severed from 192 Woolwich Street. The entire
property is zoned `RES -2' with the wetlands regulated by the GRCA. A Conservation
Easement was required to protect the wetlands/woodlands. No concerns provided that the
proposed variance for a driveway widening is not located within the Conservation
Easement.
Heritage Planning Comments:
The subject property has no heritage status, but is located adjacent to the Walter Bean
Trail 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 impact the CHL, and as such, staff have
comments or concerns.
Page 116 of 274
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the new single detached dwelling is obtained prior to construction. Please contact the
Building Division at building(akitchener.ca with any questions.
Engineering Division Comments:
That the Owner acknowledges that any new driveways or widenings to existing driveways
are to be built to City of Kitchener standards and that the Owner confirms, to the
satisfaction of the Director of Engineering Services, if an application for a Curb
Cutting/Driveway Widening Permit is required prior to an application for a Building Permit
being received.
Parks Planning Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with driveway width variance near the side of
the house to facilitate parking in/out of the garage, which is rotated approximately 90
degrees from the road. To reassure Staff that the portion of the driveway connecting to
Woolwich Street will not be widened in the future, Staff recommend that the driveway
width variance is only granted for a distance beyond 50 metres from the front property line.
Grand River Conservation Authority (GCRA) Comments:
No objection to the proposed Minor Variance Application.
Region of Waterloo Comments:
No concerns.
Six Nations of the Grand River Elected Council (SNGREC) Environmental
Comments:
Advisory Comments.-
Six
omments:Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without
consultation or consent of SNGR. The cumulative effects of this intense development has
contributed to significant environmental degradation, and as a result, Six Nations has
experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are
not only set out in the treaties themselves but are also recognized and affirmed in Section
35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and
any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701
Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for
perpetuity, but this proposal undermines those rights. SNGR must be accommodated to
mitigate any harm to its treaty rights caused by the proponent.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands. To
minimize the required compensation, SNGREC suggests changing the driveway location
Page 117 of 274
to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing
light downwards. Please see the City of Toronto's bird friendly practices for glass and for
lighting as guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8d 1 c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www. toronto.ca/wp-content/upload s/2018/03/8ff6-city-pIan ning- bird-effective-
lightinq.pdf
Planning Staff Response.-
This
esponse:This lot was created in 2022 through a severance application and an Environmental
Impact Study was submitted and approved by the City to determine the development limit
and building location. The proposed driveway and building align with that approved report.
Planning Staff suggest that comments regarding bird friendly design be considered
through the Building Permit Application.
Six Nations of the Grand River — Archeological Comments:
Could you please confirm whether an archaeological assessment has been completed for
the site located at 184 Woolwich Street? If available, we would appreciate receiving any
related documentation or reports. If no archaeological assessment has been completed,
SNGR would like a standard archaeological warning clause applied to the file.
Planning Staff Response.-
No
esponse:No Archaeological Assessment has been completed for the site. The Owner is advised that if
during construction, archeological discoveries are found, construction must be stopped and
appropriate SNGR and Ministry Staff must be contacted.
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 118 of 274
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 No. DSD -2022-452, Minor Variance Application A 2022-127, A 2022-128
and Consent Application B 2022-056 — 192 Woolwich Street
ATTACHMENTS:
Site Plan, prepared by Structured Creations Inc., dated June 16, 2025.
Page 119 of 274
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Page 120 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 121 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 122 of 274
August 28, 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: A2025-092 — 184 Woolwich Street
Marilyn Mills
City of Kitchener
200 King Street West
Kitchener, ON N2G 407
Dear Marilyn Mills,
Re: Application for Minor Variance A 2025-092
184 Woolwich Street, City of Kitchener
Emilian Burca
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor
variance application.
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 contains
a wetland and the regulated allowance adjacent to wetlands and valley slopes. 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 an increased
dwelling height, accessory structure height, and driveway width to facilitate construction
of a new dwelling and accessory structure. GRCA recently issued Permit #657-24 for
the proposed development and the plans circulated with this application are consistent
with the plans approved under the GRCA permit noted above. As such, the GRCA has
no objection to the approval of this minor variance application.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 123 of 274
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: Emilian Burca (via email)
Darren Sanger -Smith, Structured Creations Inc. (via email)
Page 124 of 274
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From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 126 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 127 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 128 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
contain private and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 129 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 130 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 131 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 132 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 133 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 134 of 274
Confidentiality Notice: This email, including any attachments, is for the sole purpose ofthe intended recipients and may contain private, confidential, and privileged information. Any
unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by
reply email and destroy all copies of the original.
Page 135 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 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: August 29, 2025
REPORT NO.: DSD -2025-369
SUBJECT: Minor Variance Application A2025-093 - 535 Stirling Ave. S.
RECOMMENDATION:
That Minor Variance Application A2025-093 for 535 Stirling Avenue South
requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit
the following:
i) A front yard setback of 1.8 metres instead of the minimum required 3.7 metres;
and
ii) An interior side yard setback of 1 metre instead of the minimum required 1.2
metres;
to recognize/facilitate the construction/repair of a sunroom to an existing detached
dwelling, generally in accordance with drawings prepared by Manny Amorim, dated
August 14, 2025, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review minor variances to recognize and to facilitate
the construction repair a front sunroom addition to an existing detached dwelling.
• The key finding of this report is that the minor variances meet 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 136 of 274
BACKGROUND:
The subject property is located to the west of Highland Road East on the intersection of
Stirling Avenue South and Lorne Crescent.
The subject property is identified as a `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.
Figure 1: Location Map
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Figure 2: Zoning Map
The purpose of this application is to recognize a sunroom addition constructed at the front
of a detached dwelling. While the owner was in the process of obtaining Building Permit
#25 112678 to legalize the sunroom addition, it was determined that variances were
required for both the front and interior side yard setbacks.
Page 137 of 274
The property is located within an Established Neighbourhood Area, where front yard
setbacks are regulated based on the context of surrounding properties. In the case of a
corner lot, such as this one, the "Established Front Yard" is defined as the front yard of the
abutting lot within a low-rise residential zone, oriented toward the same street.
Based on this definition, the required minimum front yard setback for the subject property
shall be the established front yard minus one metre, which in this case is 3.7 metres.
However, the constructed sunroom has a front yard setback of 1.8 metres and an interior
side yard setback of 1 metre from the south side lot line, thereby requiring the requested
variances.
STERLING AVE S
AVE S
PROPERTY LINE LINED
LORNE AVL
Figure 3: The Drawing of the Sunroom Front Addition
The Development and Housing staff visited the site on Thursday, August 28, 2025
Page 138 of 274
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General Intent of the Official Plan
The subject property is designated `Low Rise Residential' on Map 3 — Land Use. This
designation places emphasis on the compatibility of building form with respect to massing,
scale, and design in order to support the successful integration of different housing types.
It also emphasizes the relationship of housing to adjacent buildings, streets, and exterior
areas.
The use of the property for a detached dwelling conforms with the land use designation.
The proposed addition is one storey with windows all over, which does not create a large
massing or scale. Accordingly, the variance to facilitate the sunroom addition meets the
general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of Section 7.3, Table 7-2 of the Zoning By-law, is to ensure that the built form of
residential dwellings is compatible with the lot size and the character of the surrounding
neighbourhood. These regulations help maintain a consistent and functional urban
environment by guiding the placement and scale of buildings.
The purpose of the Established Front Yard provision is to promote a unified and
harmonious streetscape. This is particularly important in established neighbourhoods,
where the rhythm and alignment of building setbacks contribute significantly to the visual
character and overall quality of the area.
The purpose and intent of the interior side yard setback is to preserve adequate
separation between buildings. This separation supports privacy, access for maintenance,
and appropriate spacing between windows, contributing to both livability and
neighbourhood compatibility.
The proposed sunroom addition is a modest, single -storey structure located at the front of
the dwelling. It features all sides of glazing on the front fagade, which reduces the
apparent massing and visual impact of the addition as per Figure 6. The transparent
design allows the structure to function and appear more like an enclosed front porch,
helping it integrate seamlessly into the existing streetscape.
Despite the reduced setbacks, the sunroom maintains the openness and character of the
front yard and does not have any adverse impacts on adjacent properties. Its scale,
design, and placement are respectful of the neighbourhood context and align with the
broader intent of the zoning regulations.
Page 140 of 274
Figure 6: A side picture of the sunroom
Is/Are the Effects of the Variance(s) Minor?
The sunroom is a single -storey addition with a lightweight appearance due to its extensive
glazing. This design minimizes the visual impact and massing typically associated with
front -yard encroachments. The addition enhances the usability of the dwelling without
introducing a massing overdevelopment. It remains subordinate to the main structure that
appears similar to a platform. Based on that, it is staff's opinion that the requested
variances for the front yard setback (from 3.7 metres to 1.8 metres) and the interior side
yard setback (from the required 1.2 metres to 1 metre) are considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The reduced setbacks do not result in any significant adverse effects related to privacy,
access, or shadowing. The sunroom does not obstruct views or limit the enjoyment of
neighbouring yards. Planning staff is of the opinion that the variance to reduce the
minimum front yard and side yard setback is appropriate for the desirable development
and use of the lands, as it will facilitate additional living space for the family in the
detached dwelling.
Environmental Planning Comments:
No comments.
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 sunroom addition is obtained prior to construction. Please contact the Building
Division at building(a-)kitchener.ca with any questions.
Page 141 of 274
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services has no concerns with this application. Based on scaling the
provided drawing, the proposed building does not encroach into the Corner Visibility
Triangle.
The owner of the dwelling should be aware that per section 4.5.a) of the City's Official
Plan, the 7 x 7 metre Corner Visibility Triangle (CVT) along the property's Stirling Avenue
South and Lorne Avenue frontage should not have any impediments that obstruct driver
visibility (such as vegetation) that is more than 0.9 metres in height.
Region of Waterloo comments:
No concerns.
Grand River Conservation Authority (GRCA) Comments:
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. The properties are not subject to Ontario
Regulation 41/24 and, therefore, a permission from GRCA is not required.
Six Nations of the Grand River — Environmental Comments:
Advisory Comments.-
Six
omments:Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without
consultation or consent of SNGR. The cumulative effects of this intense development has
contributed to significant environmental degradation, and as a result, Six Nations has
experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are
not only set out in the treaties themselves but are also recognized and affirmed in Section
35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and
any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701
Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for
perpetuity, but this proposal undermines those rights. SNGR must be accommodated to
mitigate any harm to its treaty rights caused by the proponent.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light -friendly practices. This
includes minimizing reflective surfaces, creating visual barriers on windows, and directing
light downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat
these windows to minimize bird kills. Please see the City of Toronto's bird friendly practices
for glass and for lighting as guidelines and implement them thoroughly across the entire
design:
Page 142 of 274
https://www.toronto.ca/wp-content/uploads/2017/08/8d 1 c -Bird -Friend ly-Best-Practices-
Glass.pdf
Six Nations of the Grand River — Archeological Comments:
Given the significant prior disturbance to the area, an Archaeological Assessment is not
deemed necessary for this site.
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 143 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 144 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 145 of 274
August 28, 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 — September 16, 2025
Applications for Minor Variance
A 2025-089 239 Woodbine Avenue
A 2025-090 10 Abram Clemens Street
A 2025-091 234-240 Frederick Street
A 2025-093
535 Stirling Avenue South
A 2025-094
160 Samuel Street
A 2025-095
66 Georgina Street
A 2025-096
457 Maple Avenue
A 2025-097
4438 King Street East & 65 Gateway Park Drive
A 2025-098 to A 2025-100 180 Ahrens Street West
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 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 aherreman(a)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 146 of 274
From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 147 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 148 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 149 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
contain private and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 150 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 151 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 152 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 153 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 154 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 155 of 274
Confidentiality Notice: This email, including any attachments, is for the sole purpose ofthe intended recipients and may contain private, confidential, and privileged information. Any
unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by
reply email and destroy all copies of the original.
Page 156 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: September 4, 2025
REPORT NO.: DSD -2025-384
SUBJECT: Minor Variance Application A2025-094 —160 Samuel Street
RECOMMENDATION:
That Minor Variance Application A2025-094 for 160 Samuel Street requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 4.1 c) to permit a detached garage to have a southerly interior side
yard setback of 0.3 metres instead of the minimum required 0.6 metres;
ii) Section 4.14.4 b) ii) to permit a deck to have a northerly interior side yard
setback of 0.9 metres instead of the minimum required 1.2 metres; and
iii) Section 7.3, Table 7-2, to permit a rear yard addition to have a northerly interior
side yard setback of 0.9 metres instead of the minimum required 1.2 metres;
to facilitate the construction of a new 3 storey addition with rear deck and the re-
construction of an existing detached garage, generally in accordance with drawings
prepared by Robert Chang Architect Inc., dated July 1, 2025, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application to permit the
development of a rear yard addition and deck and to be able to reconstruct an existing
detached garage with reduced interior side yard setbacks.
• 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 157 of 274
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north-east side of Samuel Street and Cameron
Street North. It is in the Auditorium neighbourhood which is primarily comprised of low-rise
residential uses.
I
139
Figure 1: Location Map — 160 Samuel Street (Outlined in - )
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 review a Minor Variance Application to permit the
development of a rear yard addition and a deck with reduced northerly interior side yard
setbacks and to be able to reconstruct the existing detached garage in its current location
as the garage is currently in poor condition and in need of re -construction.
Page 158 of 274
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Figure 2: Proposed Variances Site Plan
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Figure 3: Proposed Front Elevation
Page 159 of 274
Figure 4: South Elevation of Proposed Garage to be Reconstructed
Figure 5: Rear Elevation of Proposed Addition and Garage
Page 160 of 274
NEW I E%IST,
ADDITION ALTERATIONS
Figure 6: North Elevation of Proposed Addition and Existing House
Figure 7: Basement Floor Plan
Page 161 of 274
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Figure 8: Ground Floor Plan
Figure 9: Second Floor Plan
Page 162 of 274
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Figure 10: Third Floor Plan
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Page 163 of 274
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Page 163 of 274
Planning Staff conducted a site visit on August 28, 2025.
Figure 11: Existing Site Conditions as of August 28, 2025
Figure 12:
Existing Garage to be Reconstructed
Page 164 of 274
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' within the City's Official Plan.
This designation emphasizes the importance of ensuring compatibility in building form with
regard to the massing, scale, and design, which is essential for facilitating the successful
integration of diverse building types. Furthermore, it emphasizes the relationship between
residential structures and adjacent buildings, streets, and public spaces. The proposed
addition, deck and garage conforms to the land use designation, and it is the opinion of
staff the requested variances to be able to construct a rear yard addition with a deck and
to re -construct the existing detached garage in its current location meets the general intent
of the Official Plan.
General Intent of the Zoning By-law
Variances for the Addition and the Deck
The general intent of the interior side yard setback requirement is to ensure adequate
spacing between the structures for light, air circulation, maintenance access and privacy.
The proposed setback of 0.9 metres will still provide sufficient separation between the
properties. Additionally, the absence of windows on the left (north) side of the addition
prevents overlooking and maintains the privacy of the neighbouring properties. Therefore,
Staff are of the opinion that the proposed variances meet the general intent of the Zoning
By-law.
Variance for the Garage to be Re -Constructed
The proposed 0.3 metre setback for the re -construction of the detached garage maintains
the existing setback with no changes to its placement on the lot. Therefore, Staff are of the
opinion that the proposed variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Variance for the Addition and the Deck
The reduced setbacks are minor in nature as they do not introduce significant impacts on
the neighbouring property and will not impact the streetscape. The proposal is consistent
with the scale and character of the neighbourhood and does not result in undue
shadowing and privacy concerns. The proposed addition is a natural extension of the
existing dwelling and blends seamlessly with the surrounding landscape. The appearance
is compatible from adjacent viewpoints and is visually consistent with the surroundings.
Variance for the Garage to be Re -Constructed
The requested variance to permit the re -construction of the detached garage is minor in
nature. The garage maintains compliance with the maximum height and size
requirements. The structure's appearance will remain compatible with adjacent viewpoints
Page 165 of 274
and visually consistent with its surroundings. The reduced setback has been an existing
condition for several years without a history of complaint and will not negatively impact the
neighbouring property as the placement of the structure remains unchanged from the
existing and adjacent viewpoints. Therefore, staff is in opinion that the effects of the
variance are minor in nature.
Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land,
Building and/or Structure?
Variance for the Addition and the Deck
Planning staff is of the opinion that the variance is desirable for the appropriate
development of the lands as the reduced setback will allow the addition to be constructed
in close alignment with the existing building. This will enhance the functionality and
usability of the primary dwelling by allowing the natural expansion living space, making it
more practical and accessible for daily use. The proposed addition will improve the
functionality of the dwelling on the property as well as maintain compatibility with the
established streetscape and neighbourhood character.
Variance for the Garage to be Re -Constructed
The existing detached garage is in poor condition and is in need of renovation. The re-
construction of the garage in its current location with the existing setback maintains the
established condition of the land as well as enhance the safety, usability and longevity of the
structure. Staff is satisfied that the variance is desirable for the appropriate development of
the lands.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
The property municipally addressed as 160 Samuel Street has no heritage status.
However, it is located within the Central Frederick 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 garage
and addition are located towards the rear of the property and will not be visible from the
public realm. Hence, staff have no comments or concerns. The applicant is encouraged to
use materials that are compatible with the neighborhood.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the addition and re -construction of the detached garage is obtained prior to construction.
Please contact the Building Division at building(a-)kitchener.ca with any questions.
Engineering Division Comments:
No comments or concerns.
Page 166 of 274
Parks and Cemeteries/Forestry Division Comments:
There is an existing City -owned street tree within the right-of-way on Samuel 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.
Advisory comments:
The Applicant is to be advised that if the rear addition is to be used for Additional Dwelling
Units (ADU), a dedicated walkway with a minimum width of 1.1 metres must be provided
to the ADU from the sidewalk, and the walkway cannot be shared where vehicles have the
potential to park.
Grand River Conservation Area (GRCA) Comments:
No comments or concerns.
Region of Waterloo Comments:
No comments or concerns.
Six Nations of the Grand River (SNGR) — Environmental Comments:
Advisory Comments
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without
consultation or consent of SNGR. The cumulative effects of this intense development has
contributed to significant environmental degradation, and as a result, Six Nations has
experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are
not only set out in the treaties themselves but are also recognized and affirmed in Section
35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and
any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701
Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for
perpetuity, but this proposal undermines those rights. SNGR must be accommodated to
mitigate any harm to its treaty rights caused by the proponent.
Six Nations of the Grand River — Archeological Comments:
Given the significant prior disturbance to the area, an Archaeological Assessment is not
deemed necessary for this site.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
Page 167 of 274
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 168 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 169 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 170 of 274
August 28, 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 — September 16, 2025
Applications for Minor Variance
A 2025-089 239 Woodbine Avenue
A 2025-090 10 Abram Clemens Street
A 2025-091 234-240 Frederick Street
A 2025-093
535 Stirling Avenue South
A 2025-094
160 Samuel Street
A 2025-095
66 Georgina Street
A 2025-096
457 Maple Avenue
A 2025-097
4438 King Street East & 65 Gateway Park Drive
A 2025-098 to A 2025-100 180 Ahrens Street West
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 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 aherreman(a)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 171 of 274
From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 172 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 173 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 174 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
contain private and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 175 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 176 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 177 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 178 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 179 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 180 of 274
Confidentiality Notice: This email, including any attachments, is for the sole purpose ofthe intended recipients and may contain private, confidential, and privileged information. Any
unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by
reply email and destroy all copies of the original.
Page 181 of 274
From: Robert Chang
To: Committee of Adiustment (SM)
Subject: C of A - 160 Samuel St.
Date: Tuesday, September 9, 2025 10:44:44 AM
Attachments: 160 Samuel St C of A Support Letter Signed.odf
Hello,
Re: A 2025-094 —160 Samuel St
I wish to submit to the Committee the attached copy of a form letter that was signed by neighbours
of 160 Samuel St.
Thank you,
Robert Chang
BFA(Hons) B.Arch. OAA
Robert Chang Architect Inc.
477 Richmond Street West
Suite 301
Toronto, ON
M5V 3E7
tel: 416-204-6287
cell: 416-889-6287
www.robertchangarch.com
This e-mail should be treated as confidential and may contain non-public, privileged or proprietary information. If
you are not the addressee or intended recipient, please notify me immediately. It may be unlawful to read, copy,
distribute, disclose or otherwise use the information in this e-mail without express permission.
Page 182 of 274
To: Committee of Adjustment
Development & Housing Approvals
200 King Street West, 6th Floor
P.O. Box 1118
Kitchener, ON
N2G 4G7
Re: Minor Variance application for
160 Samuel St., Kitchener, Ontario
I am the owner and/or tenant of the property listed below. I have reviewed the Committee of Adjustment
submission documents dated July 1, 2025, for an alteration and addition to 160 Samuel St in Kitchener and
have no objections to this application.
Name Address of Property Telephone Signature
nobir^r ro���!s
Page 183 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Sheryl Rice Menezes, Planning Technician, 519-783-8944
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: September 8, 2025
REPORT NO.: DSD -2025-383
SUBJECT: Minor Variance Application A2025-095 — 66 Georgina Street
RECOMMENDATION:
That Minor Variance Application A2025-095 for 66 Georgina Street requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 4.14.10, to permit steps (made of a platform with construction on piers
or helical piles) in an interior side yard to be setback 0.3 metres instead of the
minimum required 0.5 metres; and,
ii) Site Specific Provision 254 g), to permit a minimum contiguous front yard
landscape area of 14.2 square metres instead of the minimum required 17
square metres;
to facilitate the conversion of the existing Single Detached Dwelling (1 Dwelling
Unit) to a Single Detached Dwelling with one Additional Dwelling Unit (ADU)
(Attached) (Duplex), generally in accordance with drawings prepared by Shivang
Tarika, dated May 2025, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application to facilitate the
conversion of the existing Single Detached Dwelling (1 dwelling unit) to a Single
Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached) (Duplex).
• The key finding of this report is that the requested minor variances meet all 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 184 of 274
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.
5k
Image 1: Aerial 2024
BACKGROUND:
The subject property is located on the south side of Georgina Street and to the west of
Proudfoot 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 Five Zone (RES -5) with Site Specific
Provisions (252) and (254) in Zoning By-law 2019-051.
The purpose of the application to facilitate the conversion of the existing Single Detached
Dwelling (1 Dwelling Unit) to a Single Detached Dwelling with one Additional Dwelling Unit
(ADU) (Attached) (Duplex).
Page 185 of 274
Image 2: View of house from street
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'. 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 variances meet the general intent of the Official Plan.
Page 186 of 274
General Intent of the Zoning By-law
The intent of the regulation requiring a minimum of 0.5 metre setback for the above grade
steps to ensure that there is adequate setback to maintain the steps, to ensure adequate
drainage in the side yard and to ensure that no part of the steps will encroach onto the
neighbouring lands.
Image 3: Left side of dwelling
(Staff note that there shall be no obstruction into the required 1.1m walkway along
the side, including meters and pipes — any obstruction to be removed or relocated)
Engineering staff commented that it is recommended that the steps and/or landing
implementation be of a platform construction on piers or helical piles in order not to block
the passage of stormwater runoff. Planning staff agree and have noted this in the wording
of the `Recommendation' at the beginning of this report to include this construction method
for the steps.
Page 187 of 274
The intent of the regulation requiring a minimum of 17 square metres of contiguous
landscaping is to ensure that there is adequate soft landscaping on the property and the
surrounding streetscape, as this condition is on all properties in the neighbourhood. This
provides for a streetscape that is not dominated by hardscape or driveways and parking of
vehicles. The request to reduce the landscaped area to 14.2 square metres is minimal,
continues to provide for soft landscaping while accommodating the required 1.1 metre
walkway to the new dwelling unit.
Is/Are the Effects of the Variance(s) Minor?
The creation of a second dwelling unit in the existing building requires the two subject
variances. As noted above, the variances meet the intent of the Zoning Bylaw. As the effects
of the variances would be minimal and will permit the property to add a second dwelling unit,
staff are of the opinion that they may 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 for the second dwelling unit are desirable and
appropriate for the property and provide a gentle form of intensification which can be
considered appropriate use for the property and compatible with the surrounding
neighbourhood.
Environmental Planning Comments:
No Natural Heritage features/functions and no trees.
Heritage Planning Comments:
No Heritage Planning 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 change of use to a Duplex.
Parks and Cemeteries/Forestry Division Comments:
There are plans for a City -owned street tree within the right-of-way on Georgina 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.
(NOTED by Planning staff, the existing driveway is at the maximum width permitted
by the Zoning Bylaw and no widening is permitted).
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Page 188 of 274
Engineering Division Comments:
The side yard currently accommodates overland stormwater flows from the rear yard. A
sidewalk is required to the rear yard in accordance with the Zoning By-law. 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. Recommend the implementation of platform construction on
piers or helical piles, for the stairs and landing proposed, so as not to block the passage of
stormwater runoff.
Drawing for "A2025-095 - 66 Georgina St - GRADING.png" included below for
owner/builder reference.
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Image 4: A2025-095 - 66 Georgina St - GRADING
Region of Waterloo Comments:
No concerns.
Six Nations of the Grand River — Environmental Comments:
Advisory Comments.-
Six
omments:Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without
consultation or consent of SNGR. The cumulative effects of this intense development has
contributed to significant environmental degradation, and as a result, Six Nations has
experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are
not only set out in the treaties themselves but are also recognized and affirmed in Section
35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and
any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701
Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for
perpetuity, but this proposal undermines those rights. SNGR must be accommodated to
mitigate any harm to its treaty rights caused by the proponent.
Page 189 of 274
Six Nations of the Grand River — Archeological Comments:
Given the significant prior disturbance to the area, an Archaeological Assessment is not
deemed necessary for this site.
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 190 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 191 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 192 of 274
August 28, 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 — September 16, 2025
Applications for Minor Variance
A 2025-089 239 Woodbine Avenue
A 2025-090 10 Abram Clemens Street
A 2025-091 234-240 Frederick Street
A 2025-093
535 Stirling Avenue South
A 2025-094
160 Samuel Street
A 2025-095
66 Georgina Street
A 2025-096
457 Maple Avenue
A 2025-097
4438 King Street East & 65 Gateway Park Drive
A 2025-098 to A 2025-100 180 Ahrens Street West
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 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 aherreman(a)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 193 of 274
From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 194 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 195 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 196 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
contain private and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 197 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 198 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 199 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 200 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 201 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 202 of 274
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unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by
reply email and destroy all copies of the original.
Page 203 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 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 10
DATE OF REPORT: August 25, 2025
REPORT NO.: DSD -2025-373
SUBJECT: Minor Variance Application A2025-096 — 457 Maple Avenue
RECOMMENDATION:
That Minor Variance Application A2025-096 for 457 Maple Avenue requesting relief
from Section 5.6.1 a) Zoning By-law 85-1, to permit front steps with a height of 1.3
metres above finished grade, to be located within 3.0 metres of the street line, to
facilitate the construction of front steps onto a new detached dwelling generally in
accordance with drawings prepared by Bobicon Ltd., dated July 30, 2025, BE
APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of a variance to allow front steps
with a height of 1.3 metres above finished grade, to be located within 3 metres of the
street line, to facilitate the construction of front steps onto a new detached dwelling.
• 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 west side of Maple Avenue, in the North Ward
Planning Community.
*** 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 274
In August 2024, the Committee conditionally approved Consent Application B2024-022 to
sever a parcel of land with frontage on Maple Avenue, for the purposes of constructing a
new Single -Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached) on the
severed lot. All conditions associated with this application have been fulfilled, and the lot
has been legally established and is municipally addressed as 457 Maple Ave. For the
purposes of this report, this severed lot is the subject property. The retained lot, located at
the intersection of Maple Ave and Union Street, is addressed as 1180 Union Street and
contains a single detached dwelling that was constructed in approximately in 1949. The
subject property is currently vacant.
The lands to the west, along Union Street, primarily contain low density residential uses,
while the property immediately north contains a 3 -storey multiple dwelling. The lands to
the south contain the aforementioned single detached dwelling. The lands to the east and
southeast are primarily industrial uses.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Conservation A' on Map 3 — Land Use in the City's 2014 Official
Plan.
The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1.
=_ 1�W . �� AW W
Figure 1: Aerial Photo of the Subject Property
Page 205 of 274
In addition, the Committee also approved the associated Minor Variance Application
A2024-066, for the severed parcel which granted relief for the subject property from
Section 39.2 of Zoning By-law 85-1:
a) To permit a front yard setback of 3.3 metres instead of the minimum required 4.8
metres; and
b) To permit a rear yard setback of 3 metres instead of the minimum required 7.5
metres.
The purpose of this application is to request relief from Section 5.6.1 a) to permit front
steps with a height of 1.3 metres above finished grade, to be located within 3 metres of the
street line. Approval of the variance will allow for the construction of front steps onto a new
detached dwelling on the subject property.
rear
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457 MAPLE AVE
PROPOSED TWO STORY +'
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Figure 2: Site Plan
Page 206 of 274
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PROPOSED FRONT
AND LEFT ELEVATIONS
457 Maple Ave.
I[ITCHENER, ONTARIO
FES.20, 2025
A4.0
6sueo 10-1.1li
Figure 3: Front and Left Elevations
Figure 4: Rear and Right Elevations
Page 207 of 274
KM
Pop"
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Figure 7: View from abutting property showing the grade difference.
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' 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.
15.D.3.12. of the Official Plan highlights that where there is an unusual grade situation,
buildings and/or structures with increased floor to ceiling heights and architectural features
shall be granted relief provided that the increased building height is compatible with the
built form and physical character of the neighbourhood.
The unusual grade conditions of the subject property require a backfill of earth necessary
to facilitate a level grade and adequate underground utility space to provide servicing to
the property. This has resulted in the front steps situating higher than allowed regulation
requiring the requested variance. The requested variance would facilitate the construction
of a Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached) on the
subject property, in conformity with the Low Rise Residential land use designation.
Planning Staff is of the opinion that the proposed minor variance meets the general intent
of the Official Plan.
Page 209 of 274
General Intent of the Zoning By-law
The intent of the 3 metre street line setback for stairs with a maximum height of 0.6 metres
is to ensure that there is an adequate amount of space for the function of the front yard, to
limit visual obstructions facilitating greater accessibility and safety for pedestrian traffic
near the street line, and to ensure a consistent, compatible streetscape to preserve the
character of the neighbourhood.
Based on the location of the subject property's frontage, the proposed variance is not
anticipated to impede the visibility of pedestrian traffic or cause obstruction to access due
to the absence of sidewalk infrastructure along Maple Avenue. It should be noted that
Transportation Services has no concerns with the requested variance. Planning Staff is of
the opinion that the general intent of the Zoning By-law is met.
Is/Are the Effects of the Variance(s) Minor?
The requested variance to facilitate a stair height of 1.3 metres rather than the maximum
permitted 0.6 metres within 3 metres of a street line is minor, since it is not anticipated to
cause unacceptable adverse impacts on abutting properties or the City's right-of-way. The
unusual grade conditions require enough backfill to level the grade and provide adequate
underground utility space to provide servicing of the property. Planning Staff is of the
opinion that the requested variance is minor. Also, as aforementioned, Transportation
Services has no concerns with the requested variance.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The subject property was recently severed from the back portion of 1180 Union Street with
the intent to develop a new Single -Detached Dwelling with an Additional Dwelling Unit
(Attached). This would add to the city's housing stock and has been previously identified
as an appropriate infill development opportunity. Planning Staff is of the opinion that the
requested variance will facilitate appropriate development and use of the subject lands.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A revision has already
been made to the original building permit.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
No concerns.
Page 210 of 274
Grand River Conservation Authority (GRCA):
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
permission from GRCA is not required.
Six Nations of the Grand River — Environmental Comments:
Advisory Comments.-
Six
omments:Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without
consultation or consent of SNGR. The cumulative effects of this intense development has
contributed to significant environmental degradation, and as a result, Six Nations has
experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are
not only set out in the treaties themselves but are also recognized and affirmed in Section
35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and
any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701
Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for
perpetuity, but this proposal undermines those rights. SNGR must be accommodated to
mitigate any harm to its treaty rights caused by the proponent.
Six Nations of the Grand River — Archeological Comments:
Given the significant prior disturbance to the area, an Archaeological Assessment is not
deemed necessary for this site.
Metrolinx Comments:
No comments or concerns.
Region of Waterloo 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
Page 211 of 274
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
• DSD -2024-366 (A2024-066, A2024-067, 82024-022), DSD -2025-112 (A2025-
015)
Page 212 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 213 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 214 of 274
August 28, 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 — September 16, 2025
Applications for Minor Variance
A 2025-089 239 Woodbine Avenue
A 2025-090 10 Abram Clemens Street
A 2025-091 234-240 Frederick Street
A 2025-093
535 Stirling Avenue South
A 2025-094
160 Samuel Street
A 2025-095
66 Georgina Street
A 2025-096
457 Maple Avenue
A 2025-097
4438 King Street East & 65 Gateway Park Drive
A 2025-098 to A 2025-100 180 Ahrens Street West
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 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 aherreman(a)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 215 of 274
From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 216 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 217 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 218 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
contain private and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 219 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 220 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 221 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 222 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 223 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 224 of 274
Confidentiality Notice: This email, including any attachments, is for the sole purpose ofthe intended recipients and may contain private, confidential, and privileged information. Any
unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by
reply email and destroy all copies of the original.
Page 225 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: September 4, 2025
REPORT NO.: DSD -2025-387
SUBJECT: Minor Variance Application A2025-097 -
4438 King Street East and 65 Gateway Park Drive
RECOMMENDATION:
That Minor Variance Application A2025-097 for 4438 King Street East and 65
Gateway Park Drive requesting relief from the following Sections of Zoning By-law
2019-051:
i) Section 5.3.2 a) to permit parking spaces to be located 2.6 metres from the
street line instead of the minimum required 3 metres;
ii) Section 5.6 a), Table 5.5, to permit a maximum parking requirement of 735
parking spaces instead of the maximum permitted 457 parking spaces; and
iii) Section 9.3, Table 9-2, to permit a landscaped area of 17% instead of the
minimum required landscaped area of 20%;
to facilitate the demolition of an existing building and expand the existing
commercial parking lot, in accordance with Site Plan Application SP25/063/K, BE
APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application to facilitate the
demolition of an existing commercial building and the expansion of an existing
commercial parking lot.
• The key finding of this report is that the variances meet the four tests of the Planning
Act and staff recommends approval.
• 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 226 of 274
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 King Street East and Gateway Park Drive, in close
proximity to the intersection of King Street East and Sportsworld Drive.
►,, PIRe
Ito
M
aim
460
�F•RFy�+fir! � I�F i��� LJ
ms`s t i
esuu
Figure 1 - Location Map: 4438 King Street East and 65 Gateway Park Drive
The subject property is identified as `Protected Major Transit Station Area' on Map 2 —
Urban Structure and is designated `Commercial Campus' on Map 3 — Land Use in the
City's 2014 Official Plan.
The property is zoned `Commercial Campus Zone (COM -4)' with Site Specific Provision
(28) in Zoning By-law 2019-051.
It should also be noted that the property is proposed to be designated `Strategic Growth
Area C' in the Official Plan and `High Rise Growth Zone (SGA -4)' through the City initiated
Growing Together East update to the Official Plan and Zoning By-law. These designations
are currently under appeal and the City is currently duel testing the zoning requirements.
The purpose of the application is to review minor variances to permit an increase in the
maximum permitted amount of parking spaces, a parking lot setback reduction, and a
landscaping requirement reduction.
The applicant is proposing to demolish an existing vacant commercial building to allow for
a parking lot expansion for the existing Costco building. Through the expansion of the
parking lot minor variances are required.
Page 227 of 274
1W
O
ta
Figure 2: Existing Commercial building to be demolished
Figure 3: View from Gateway Park Drive
Page 228 of 274
MULTI-USE
Figure 4: Proposed Site Plan Concept
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 intent of the `Commercial Campus' land use designation is to serve the day-to-day
and weekly commercial needs of the surrounding community. Commercial Campuses
have a regional and/or city-wide orientation and are intended to represent a key
commercial component and be a focal point for commercial development. They are
intended to contribute to a comprehensively planned and balanced commercial land use
and will not undermine the structure by having a detrimental impact to the existing and
future commercial areas.
Page 229 of 274
- --
GATEWAY PARK DRIVE � •n �
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EXISTING PARKING: 652 STALLS
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PROPOSED PARKING: 735 STALLS
+ EXISTING SITE AREA. 11.30 ACRES
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ADDITIONAL SITE AREA: 0.67 ACRES
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TOTAL SITE AREA: 11.97 ACRES
EXISTING BICYCLE RACKS (6 SPACES)
PROPOSED BICYCLE RACKS (3 SPACES)
' +
PROPOSED BICYCLE,'
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STDRAGE
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MULTI-USE
Figure 4: Proposed Site Plan Concept
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 intent of the `Commercial Campus' land use designation is to serve the day-to-day
and weekly commercial needs of the surrounding community. Commercial Campuses
have a regional and/or city-wide orientation and are intended to represent a key
commercial component and be a focal point for commercial development. They are
intended to contribute to a comprehensively planned and balanced commercial land use
and will not undermine the structure by having a detrimental impact to the existing and
future commercial areas.
Page 229 of 274
The proposed demolition of the structure maintains the intent of the `Commercial Campus'
land use designation, by allowing an existing commercial building to remain and continue
to provide commercial needs for the surrounding community.
The intent of the `Strategic Growth Area C' land use designation is to accommodate
significant intensification at higher densities. Lands are generally centrally located within
intensification areas and/or represent redevelopment opportunities at higher densities. The
current commercial use of the lands is permitted within the `SGA -C' land use designation
as the retail use has existed for some time and is compatible with the area. The variances
do not hinder the future redevelopment opportunities on the property should the owner
wish to alter the current use of the site at a later date.
Staff are satisfied that the requested variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Parking Setback
The intent of the parking lot setback requirement is to ensure there is adequate separation
from the street line as well as an appropriate area for landscaping between the parking lot
and the property line. The subject property has existing landscaping within the setback
area that is remaining and is subject to an updated landscaping plan through the Site Plan
Application. Any removal of landscaping will be reviewed by Staff, if proposed, as well
additional landscaping within the area may be required. Staff are of the opinion that the 2.6
metre setback is appropriate for the area.
Parking Maximum
The intent of the maximum parking requirement is to ensure that parking does not
dominate a property. As per section 5.6 b) the maximum permitted number of parking
spaces is the existing amount of parking spaces that existed when the Zoning By-law was
approved. The amount of parking provided for the business at that time was 652 spaces.
The increase of 83 spaces to the proposed 735 spaces is a minor increase to what was
permitted. The current business has demonstrated a need for an expansion to the existing
parking area as the current product mix offered by the business does not lend itself to
being transported sufficiently by transit or active transportation. The additional parking
spaces will help moderately ease the parking area and support the commercial property
further. Staff are of the opinion that the increase in parking meets the intent of the Zoning
By-law.
Minimum Landscaping requirements
The intent of the minimum landscaping requirements is to ensure that there is adequate
green spaces and permeability on the property. Due to the size of the subject property and
nature of the parking area there is limited area to provide additional landscaping. The site
however is adequately landscaped around the perimeter of the site and additional
landscaping will be reviewed as part of the site plan application. Staff are of the opinion
that this minimum landscaping requirement meets the intent of the Zoning By-law.
There are no variances specifically required within the proposed `SGA -4' zoning as there
are no changes to the existing building being proposed and all zoning regulations are
considered legal as they existed prior to the new `SGA' zoning being approved by City
Council.
Page 230 of 274
Is/Are the Effects of the Variance(s) Minor?
The requested variances for the reduction in the setback to parking, the landscape reduction
and parking maximum increase maintain the general intent of the Zoning By-law, while
increasing the use and function on the current site. Staff do not anticipate any adverse
impacts from the requested variances and expect any effects to be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff is of the opinion that the proposed demolition of the structure and expansion of the
parking area is complementary to the existing site and surrounding commercial context.
When the SGA designation and zoning are fully in effect, the opportunity for future
redevelopment of the property remains, and in the interim the application will permit the
demolition of a vacant commercial building and provide additional parking closer to the
entrance of the building. The proposed application can therefore be considered desirable
for the appropriate use of the land.
Environmental Planning Comments:
No environmental planning comments of concerns.
Heritage Planning Comments:
No heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No engineering division concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns or further requirements.
Transportation Planning Comments:
Transportation Services defer to Committee members regarding the proposal to increase
the parking supply above the maximum rates permitted in the Zoning By-law.
Transportation staff recognize that the business may require an increase in parking
spaces based on customer demand. However, it is noted that:
A future LRT station is planned approximately 500 metres west of the site, and
surrounding area is being rezoned to accommodate higher density development
through Growing Together East. Under future SGA zoning, parking minimums will be
removed for the site.
As noted in the table below, both the existing and proposed parking supply exceed
the maximum rates permitted under the current and the future (SGA) Zones:
Page 231 of 274
Costco Gross Floc r Area
15,071.30 m"2
Existi ng
652 Spaces
Proposedi
735 Spaces
By -Law Max
#of Spaces Overage
Current by-law witho ut Teleti me
627 25
Future zoning (SGA) by-lawwithoutTeletime
209 526
Region of Waterloo Comments:
No concerns or comments.
Six Nations of the Grand River Elected Council — Environmental Comments:
Advisory Comments.-
Six
omments:Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without
consultation or consent of SNGR. The cumulative effects of this intense development has
contributed to significant environmental degradation, and as a result, Six Nations has
experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are
not only set out in the treaties themselves but are also recognized and affirmed in Section
35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and
any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701
Nanfan Treaty guarantees SNGR's right to harvest and hunt on this property for
perpetuity, but this proposal undermines those rights. SNGR must be accommodated to
mitigate any harm to its treaty rights caused by the proponent.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through demolition
and paving, SNGREC requests that this development be paired with compensation for
impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out
to Irlust(a)sixnations.ca to collaborate on determining compensation.
Planning Staff Response.-
Planning
esponse:Planning Staff note that the Treaty Rights Compensation comments are `advisory' at this
time and will work with SNGR and the applicant during the Site Plan Approval process.
Six Nations of the Grand River Comments:
Given the nature of the proposal, we have no objections or concerns at this time.
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 232 of 274
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
• Growing Together East
Page 233 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 234 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 235 of 274
August 28, 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 — September 16, 2025
Applications for Minor Variance
A 2025-089 239 Woodbine Avenue
A 2025-090 10 Abram Clemens Street
A 2025-091 234-240 Frederick Street
A 2025-093
535 Stirling Avenue South
A 2025-094
160 Samuel Street
A 2025-095
66 Georgina Street
A 2025-096
457 Maple Avenue
A 2025-097
4438 King Street East & 65 Gateway Park Drive
A 2025-098 to A 2025-100 180 Ahrens Street West
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 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 aherreman(a)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 236 of 274
From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 237 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 238 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 239 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
contain private and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 240 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 241 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 242 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 243 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 244 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 245 of 274
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unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by
reply email and destroy all copies of the original.
Page 246 of 274
Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 16, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523
WARD(S) INVOLVED: Ward 10
DATE OF REPORT:
REPORT NO.:
September 3, 2025
DSD -2025-378
SUBJECT: Minor Variance Application A2025-098 —180 Ahrens St. W.
Minor Variance Application A2025-099 —180 Ahrens St. W.
Minor Variance Application A2025-100 —180 Ahrens St. W.
RECOMMENDATION:
A. Minor Variance Application A2025-098 —180 Ahrens St. W. (Proposed Unit 1)
That Minor Variance Application A2025-098 for 180 Ahrens Street West requesting
relief from Section 7.3, Table 7-4, of Zoning By-law 2019-051:
i) to permit a front yard setback of 4.5 metres instead of the minimum required 6.5
metres; and,
ii) to permit an exterior side yard of 2.5 metres instead of the minimum required
4.5 metres;
to facilitate the construction of dwelling number 1 of 3 in a block of 3 street
townhouses, generally in accordance with drawings prepared by GRIT Surveying,
dated August 8, 2025, BE APPROVED, subject to the following condition:
1. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance with
the City's Tree Management Policy, to be approved by the City's Manager,
Site Plans and City's Director, Parks and Cemeteries, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
Demolition and/or 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.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 247 of 274
b) That 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.
B. Minor Variance Application A2025-099 - 180 Ahrens St. W. (Proposed Unit 2)
That Minor Variance Application A2025-099 for 180 Ahrens Street West requesting
relief from Section 7.3, Table 7-4, of Zoning By-law 2019-051:
i) to permit a front yard setback of 3.4 metres instead of the minimum required
16.5 metres; and,
ii) to permit a rear yard setback of 6.7 metres instead of the minimum required 7.5
metres;
to facilitate the construction of dwelling number 2 of 3 in a block of 3 street
townhouses, generally in accordance with drawings prepared by GRIT Surveying,
dated August 8, 2025, BE APPROVED subject to the following condition:
1. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance with
the City's Tree Management Policy, to be approved by the City's Manager,
Site Plans and City's Director, Parks and Cemeteries, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
Demolition and/or 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) That 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. Minor Variance Application A2025-100 -180 Ahrens St. W. (Proposed Unit 3)
That Minor Variance Application A2025-100 for 180 Ahrens Street West requesting
relief from Section 7.3, Table 7-4, of Zoning By-law 2019-051:
i) to permit a front yard setback of 4.3 metres instead of the minimum required
16.5 metres; and,
ii) to permit a rear yard setback of 6.7 metres instead of the minimum required 7.5
metres;
to facilitate the construction of dwelling number 3 of 3 in a block of 3 street
townhouses, generally in accordance with drawings prepared by GRIT Surveying,
dated August 8, 2025, BE APPROVED subject to the following condition:
1. That the Owner shall:
Page 248 of 274
a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance with
the City's Tree Management Policy, to be approved by the City's Manager,
Site Plans and City's Director, Parks and Cemeteries, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
Demolition and/or 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) That 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.
REPORT HIGHLIGHTS:
• The purpose of this report is to review and make recommendations with respect to
three (3) Minor Variances Applications received for 180 Ahrens Street West.
• The key finding of this report is that the variances meet the four tests of the Planning
Act and staff recommends approval.
• 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 the northeastern corner of Ahrens Street West and
Wilhelm Street. The subject property is currently vacant, having previously been
developed for a single detached dwelling. This house was demolished, with plans for
redevelopment. A new foundation was poured, with the property changing ownership soon
after. The foundation has been removed by the current owner, with temporary fencing
remaining in place around the property.
Page 249 of 274
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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.
I
00
Figure 3: Land Use Designation (Subject Property Is Red Dot)
The property is zoned `Low Rise Residential Zone Four (RES -4)' in Zoning By-law 2019-
051.
Figure 4: Zoning By -Law 2019-051 (Subject Property In Red)
If
Page 251 of 274
The purpose of the applications are to vary each of the street facing setbacks and two rear
yard setbacks to implement a development scheme consisting of three street townhouse
dwelling units. Future consent applications will be required to allow each of the street
townhouse dwelling units to be dealt with independently.
Previous Minor Variance and Consent Applications were received for the property (A2025-
010 and B2025-003 — Staff Report DSD -2025-045), which received approval at the
February 21, 2025 Committee of Adjustment meeting. The property is now in the process
of being sold, with the new owners pursuing a different development concept for the site.
Minor variance Application A2025-010 was to reduce the front yard setback of a new
single detached dwelling on a severed parcel, as created by Consent Application B2025-
003. With the proposal no longer being for a single detached dwelling, the minor variance
approval would not be in effect for the new proposal. The conditions of approval for
Consent Application B2025-003 were not cleared, and as such, the `Conditional Approval'
will lapse if not completed within two years from the original decision date for approval.
REPORT:
Planning Comments:
For ease of assessment, the three Minor Variance Applications will be reviewed jointly in
the following section. 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 City of Kitchener Official
Plan. The Low Rise Residential land use designation is Section 15.D.3 of the Official Plan
and provides policy direction on lands designated under the residential land use
designations.
Policy 15.D.3.3 provides urban design principles regarding the integration of new
development in low rise residential areas:
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.3.4 provides additional direction for new residential buildings in predominately
low density neighbourhoods, such as the one surrounding the subject property.
All new residential buildings, additions and/or modifications to existing residential
buildings and conversions in predominantly low density neighbourhoods should be
compatible with and respect the massing, scale, design and physical character of
the established neighbourhood and have both appropriate landscaped areas and
parking areas provided on site.
Page 252 of 274
The primary considerations of the above policies as they pertain to the requested
variances are the relationship between the proposed dwellings to the adjacent buildings
and streets, appropriateness of amenity and landscaped areas, and integration into the
established neighbourhood. Street townhouses are permitted in the Low Rise Residential
land use designation, and the built form is commonly, and encouraged to be, mixed into
lower density neighbourhoods (e.g. Official Plan Policy 4.C.1.12). The front yard setbacks
and exterior side yard setbacks are street facing setbacks, where an appropriate transition
to the street is required. Aherns Street West and Wilhelm Street are local roads, which are
generally lower in traffic volume. Roads with lower traffic volumes typically do not need as
large a setback, and the reduced setbacks proposed are generally in keeping with the
surrounding area (as outlined in the following zone review section).
The rear yard setbacks are used to established amenity and landscaped areas, as well as
separation to adjacent properties. The internal townhouse unit is wider than a typical
interior townhouse unit, resulting in a rear yard area that is larger then usual, despite the
slightly reduced yard length. The 6.7 metre rear yards are larger than what would
otherwise be the interior side yard (and minimum 1.2 metres setback), a much larger
distance and separation than currently permitted.
Regarding the interior side yard setback, 110 Wilhelm Street is set back substantially from
the street, resulting in the proposed dwelling number 3 (and future lot) being offset from
the existing dwelling. This offset (i.e. no building wall to building wall condition) eases the
built form transition to the adjacent property and remains larger than the as -of -right
permission for an interior side yard setback for single and semi-detached dwellings.
Further policy direction is provided in Section 4 of the Official Plan, Housing. Minor
variance applications are given specific direction through 4.C.1.8, which states (with staff
commentary interspersed):
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.
The proposed street townhouses are permitted in the Low Rise Residential land use
designation and are encouraged to be mixed into neighbourhoods to provide options and
variety in housing types. Being a corner property, the rear yard setbacks and interior side
yard setback are the two yards that transition to existing properties. The 6.7 metres and 2
metres proposed are greater than the as -of -right setbacks for property, indicating that the
proposed setbacks are compatible with the intended scale for low rise neighbourhoods.
The setbacks proposed are generally consistent with those in the surrounding area.
Page 253 of 274
b) Where front yard setback reductions are proposed for new buildings in
established neighbourhoods, the requested front yard setback should be similar
to adjacent properties and supports and maintain the character of the
streetscape and the neighbourhood.
As outlined in the following zone review section, the proposed front yard setbacks are
consistent with those observed in the surrounding area.
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.
Does not apply to the proposed variances.
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.
Privacy fences can be a made a condition of approval of the future Consent Applications,
which will be required to facilitate the construction of the proposal.
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.
Sufficient parking spaces (proposed at two spaces per dwelling where one space per unit
is required) and landscaping/amenity area is proposed. No variances are requested to
landscaped area, and the rear yard areas provide sufficient amenity space for the dwelling
units.
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.
Of the requested variances, they are each separate and do not result in further zoning
deficiencies (i.e. A reduced front yard does not create a parking deficiency).
It is staff's opinion that the requested variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The subject property is within an "Established Neighbourhood Area" (Appendix `D') of
Zoning By-law 2019-051, requiring the front yard setback of the subject property to be
calculated using the "established front yard", minus one metre. The established front yard
is calculated by taking the average of the existing front yard setback of the property on
Page 254 of 274
either side of the subject property. As such, the front yards for each dwelling are required
to be: 6.5 metres, 16.5 metres, and 16.5 metres. Due to the property currently being a
corner property, only the properties on each respective side of the proposed dwellings are
used to determine the established front yard.
The property abutting to the east, 110 Wilhelm Street, is set back considerably (roughly
17.5 metres) from Wilhelm Street. By basing the established front yard on this
measurement, a greater than normal front yard setback is required on the subject
property. The area surrounding the subject property generally varies in front yard
setbacks. The south side of Wilhelm Street to the west of Ahrens Street West is generally
a consistent 4.5 metres, with a greater variety on the northern side of the road, and to the
west of Ahrens Street West. The properties at the northwest of the intersection of Ahrens
Street West and Wilhelm Street (particularly 187 to 181 Ahrens Street West) have a very
small front yard, being roughly 1.5 metres at their nearest. The need for the large variance
to the front yard setback (for dwellings 2 and 3) is based on the front yard setback of 110
Wilhelm, which is anomalous to the area. The expansive setback of 110 Wilhelm
combined with the corner lot fabric of the subject property results in an impossible
intensification condition without some form of variance. The intent of the established front
yard is not to prohibit development, but to have generally consistent setbacks in a
neighbourhood. As noted, the proposed setbacks are generally consistent with those
observed in the area, meeting the intent of the zoning regulation.
Similar observations can be drawn regarding the exterior side yard for dwelling 1. The
requested 2.5 metres is generally consistent with the other corner properties at the
intersection of Wilhelm Street and Ahrens Street West. 181 Ahrens Street West has an
exterior side yard of roughly 1.5 metres, while 176 Ahrens Street West is roughly 3.5
metres. The requested 2.5 metres is generally consistent with the surrounding area.
Regarding the rear yard variances, the intent of the minimum setback is to ensure
sufficient outdoor amenity space is provided for a property, and separation distance is
maintained to adjacent properties. The minimum lot width for a street townhouse is 6
metres for an internal unit, and 10 metres for an external unit. The internal unit (Dwelling
2) is nearly 12 metres in width, almost double the minimum requirement. As such,
although the setback is reduced, the lot will provide a greater amount of amenity space
than a typical 6 metre wide property could provide. The 6.7 metre setback distance is
currently the interior side yard of the property (before Consent Applications), meaning that
the current minimum setback distance to the adjacent property (184 Ahrens Street West)
is 1.2 metres. The lessened rear yard setback is a much greater separation than as -of -
right permitted and maintains the intent of the setback distance.
Regarding the interior side yard setback for dwelling 3, the typical urban interior side yard
setback for single and semi-detached houses is 1.2 metres (as permitted in the RES -4
zone). As proposed, the requested setback remains greater than the otherwise permitted
setback.
Page 255 of 274
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It is staff's opinion that the requested variances meet the general intent of the Zoning By-
law.
Are the Effects of the Variances Minor?
To assess if the effects of a variance a minor, a common approach is to consider the
impacts on the surrounding area. In many instances, the proposed setbacks are larger
than they would otherwise be if the property remained as one lot (i.e. the rear yard
setbacks and interior side yard setback). In terms of massing compatibility and built form
transition, the proposed setbacks are an improvement over as -of -right permissions.
Regarding the front yard and exterior side yards, their reduction is generally consistent
with the surrounding area, and no undue impacts are anticipated by bringing these
building faces closer to the street. Wilhelm Street and Ahrens Street West are generally
low volume roads in terms of traffic, and a closer setback distance is appropriate.
It is staff's opinion that the effects of the requested variances are minor.
Are the Variances Desirable For The ADDrooriate Development or Use of the Land. Buildina
and/or Structure?
The area surrounding the subject property is generally single detached dwellings.
Introducing street townhouses houses to the area is generally desirable and appropriate,
following the policy direction of the Official Plan. To facilitate their development, the
proposed variances are required. As explored at length in this report, the setbacks are
generally consistent with the surrounding area. Additionally, the proposed lots are larger
than otherwise permitted by the Zoning By-law. The smallest proposed future lot is roughly
228 m2, where 148 m2 is the minimum required. Despite the reduced setbacks, the lots are
more than sufficiently large to accommodate livable dwelling units and their amenity areas.
Page 256 of 274
It is staff's opinion that the requested variances are desirable for the appropriate
development of the site.
Environmental Planning Comments:
Planning Staff need to be satisfied that the Tree Management Plan/Enhancement Plan
(TMEP) requested as a Condition of Consent Application B2025-003, approved by
Committee on February 21, 2025, was submitted and approved to ensure no impacts to
shared ownership or City -owned street trees.
Planning Staff Response.-
The
esponse:The Tree Management Plan/Enhancement Plan required as a Condition of Consent
Application B2025-003 has not been submitted. As noted earlier in this report, The
conditions of approval for Consent Application B2025-003 have not been cleared. The
TMEP condition required the preparation and implemented of the TMEP prior to any
grading, servicing, tree removal or the issuance of Demolition and/or Building Permits.
Unfortunately, the Applicant did not follow through on this requirement prior to removing
the concrete foundation that was in place at the time of consideration of Consent
Application B2024-003. As this condition was never satisfied prior to any grading,
servicing, tree removal or the issuance of Demolition and/or Building Permits, it is
appropriate and necessary to include it as a condition of the Minor Variance Applications
to ensure that the new proposal will not have any impacts on adjacent trees in shared
ownership or to any City -owned street trees.
Heritage Planning Comments:
The property municipally addressed as 180 Ahrens Street West has no heritage status.
However, it is located within 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 a major adverse impact on the CHL. The applicant is
encouraged to use materials that are compatible with the neighborhood. Staff have no
further comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the new townhouse is obtained prior to construction. Please contact the Building Division
at building(a)kitchener.ca with any questions.
Engineering Division Comments:
The proponent is advised that future severance of any blocks within the subject lands
would require separate, individual service connections for sanitary, storm, and water, in
accordance with City policies.
That the Owner acknowledges that any new driveways or widenings to existing driveways
are to be built to City of Kitchener standards and that the Owner confirms, to the
satisfaction of the Director of Engineering Services, if an application for a Curb
Cutting/Driveway Widening Permit is required prior to an application for a Building Permit
being received.
Page 257 of 274
Parks and Cemeteries/Forestry Division Comments:
At the time of severance, cash -in -lieu of park land dedication is required on the severed
parcels.
Transportation Planning Comments:
Transportation Services have no concerns with this application as based on the drawing
scaled by City Staff, no portion of the proposed building is expected to conflict within the 7
metre x 7 metre Corner Visibility Triangle (CVT) located at the southwest corner of the
property.
The Applicant is to be advised that no portion of the structure above 0.9 metres in height
can be located in the 7 metre x 7 metre Corner Visibility Triangle (CVT) at the southwest
corner of the property per Section 4.5 of City Zoning By-law 2019-051. The triangle must
remain clear to provide sufficient sight distances at the Ahrens Street West and Wilhelm
Street intersection.
Transportation Services would like the Applicant to confirm the length of the shortest side
of the driveway for the dwellings. If the driveways adhere to the City's minimum by-law
dimensions, Transportation Services have no concerns.
Region of Waterloo:
No comments.
Grand River Conservation Authority:
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Six Nations of the Grand River Elected Council:
Advisory Comments.-
Six
omments:Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation
or consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation, and as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution
Act, 1982. These treaty lands are subject to unresolved litigation and any infringement upon
our treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty
guarantees SNGR's right to harvest and hunt on this property for perpetuity, but this proposal
undermines those rights. SNGR must be accommodated to mitigate any harm to its treaty
rights caused by the proponent.
Six Nations of the Grand River:
Could you please confirm whether an archaeological assessment has been completed for
the site located at 180 Ahrens Street West? If available, we would appreciate receiving any
related documentation or reports.
Page 258 of 274
Planning Staff Response.-
No
esponse:No Archaeological Assessment has been completed for the site. The original house was
demolished in 2023 and a foundation for a new house was poured later that year. The site
was sold to a new owner, who removed the foundation, and the site has now been sold again
to current owner. Due to the level of disturbance, an Archaeological Assessment is not
requested. The Owner is advised that if during construction, archeological discoveries are
found, construction must be stopped and appropriate SNGR and Ministry Staff must be
contacted.
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 -2025-045
ATTACHMENTS:
Attachment A — Site Plan
Attachment B — Site Plan Markup
Page 259 of 274
Attachment A — Site Plan
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Page 260 of 274
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Page 261 of 274
Region of Waterloo
September 3, 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 September 16, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 —
089 —
239 Woodbine Ave — No Concerns
2) A 2025 —
090 —
10 Abram Clemens St — No Concerns
3) A 2025 —
091 —
234-240 Frederick St — No Concerns
4) A 2025 —
092 —
184 Woolwich St — No Concerns
5) A 2025 —
093 —
535 Stirling Ave — No Concerns
6) A 2025 —
094 —
160 Samuel St — No Concerns
7) A 2025 —
095 —
66 Geogina St — No Concerns
8) A 2025 —
096 —
457 Maple Ave — No Concerns
9) A 2025 —
097 —
4438 King St E & 65 Gateway Park Dr — No Concerns
10) A 2025
— 098
— 180 Ahrens St W (Dwelling 1) — No Concerns
11) A 2025
— 099
— 180 Ahrens St W (Dwelling 2) — No Concerns
12) A 2025
— 100
—180 Ahrens St W (Dwelling 3) — No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 5062644 Version: 1
Page 262 of 274
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 5062644 Version: 1
Page 263 of 274
August 28, 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 — September 16, 2025
Applications for Minor Variance
A 2025-089 239 Woodbine Avenue
A 2025-090 10 Abram Clemens Street
A 2025-091 234-240 Frederick Street
A 2025-093
535 Stirling Avenue South
A 2025-094
160 Samuel Street
A 2025-095
66 Georgina Street
A 2025-096
457 Maple Avenue
A 2025-097
4438 King Street East & 65 Gateway Park Drive
A 2025-098 to A 2025-100 180 Ahrens Street West
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 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 aherreman(a)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 264 of 274
From: Jenna Auger
To: Committee of Adiustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date: Monday, August 25, 2025 2:42:24 PM
Attachments: image001.ong
Good afternoon,
Thank you for circulating the September 16th, 2025, Committee of Adjustments agenda for
Kitchener.
Upon review, we note there are no applications that are subject to the Metrolinx review zone.
As such, Metrolinx issues no comments or concerns on this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0(�= METROLINX
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
fiable, ou que vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 265 of 274
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 266 of 274
From:
Tierra Henhawk
To:
Committee of Adiustment (SM)
Cc:
Tanya Hill -Montour
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — September 16, 2025 Meeting
Date:
Monday, August 25, 2025 10:39:19 AM
Good morning,
Please find SNGR comments via email
Would the City of Kitchener have any GIS data or archaeological potential mapping that
could be shared in support of development application reviews?
A2025-089 - 239 Woodbine Ave
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports.
A2025-090 - 10 Abram Clemens St
If an archaeological assessment has not been completed, SNGR requests that a minimum
Stage 1 Archaeological Assessment be conducted. SNGR Archaeological Supervisor, Tanya
Hill -Montour, (tanyahill-montour@sixnations.ca) will require copies of all Archaeological
Assessment Reports related to the project for her review and comments. Should further
archaeological work be required following the Stage 1 assessment, SNGR requests the
participation of a Six Nations archaeological monitor in subsequent stages.
A2025-091 - 234-240 Frederick St
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-092 - 184 Woolwich St.
Could you please confirm whether an archaeological assessment has been completed for the
site located at 239 Woodbine Ave? If available, we would appreciate receiving any related
documentation or reports. If no archaeological assessment has been completed, SNGR would
like a standard archaeological warning clause applied to the file.
A2025-093 - 535 Stirlimi Ave. S
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-094 - 160 Samuel St.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
Page 267 of 274
A2025-095 - 66 Georgina St.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-096 - 457 Maple Ave.
Given the significant prior disturbance to the area, an archaeological assessment is not
deemed necessary for this site.
A2025-097 - 4438 King St. E. & 65 Gateway Park Dr.
Given the nature of the proposal, we have no objections or concerns at this time.
A2025-098 - 180 Ahrens Street West Dwellings 1-3
Could you please confirm whether an archaeological assessment has been completed for the
site located at 180 Ahrens Street West? If available, we would appreciate receiving any related
documentation or reports.
Nya:weh! /Thank You!
Sincerely,
Tierra Henhawk
Archaeology Community Monitor Administrative Assistant
Six Nations of the Grand River (SNGR)
Lands and Resources Department
2498 Chiefswood Road, Ohsweken ON
(T) 519-445-2205 ext: 5465
Lands & Resources Department (T) 519-753-0665
acmaa(&sixnations.ca
Confidentiality Notice: This e-mail including any attachments, is for the sole use of the intended recipients and may
contain private and confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the
sender by reply e-mail and destroy all copies of the original.
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: August 22, 2025 3:54 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review — September
16, 2025 Meeting
Hello,
Page 268 of 274
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, September 16, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Friday, August 29, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerl< I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofa(@kitchener.ca
Page 269 of 274
From:
Emmett Vanson
To:
Committee of Adiustment (SM)
Subject:
SNGREC Environmental Comments for Sept 16 Committee of Adjustments
Date:
Monday, August 25, 2025 11:58:56 AM
Attachments:
imaoe.pno
Sekon (Hello),
Included are my environmental comments on behalf of Six Nations of the Grand River Elected
Council (SNGREC) regarding all applications included for the Sept 16 Kitchener Committee of
Adjustments.
The following Preamble applies to all applications:
Haldimand Tract and 1701 Nanfan Treaty Preamble
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
Canada. Development has occurred on Six Nations' traditional territory without consultation or
consent of SNGR. The cumulative effects of this intense development has contributed to
significant environmental degradation and, as a result, Six Nations has experienced severe
impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the
treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act,
1982. These treaty lands are subject to unresolved litigation and any infringement upon our
treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees
SNGR's right to harvest and hunt on this property for perpetuity, but this proposal undermines
those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by
the proponent.
160 Samuel St.
No Comment
239 Woodbine Ave.
No Comment
10 Abram Clemens St.
Treaty Rights Compensation
As this development will essentially ensure that this land will never be returned to a
natural state, SNGREC requests that this development be paired with compensation for impacts
to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC requests that these
Page 270 of 274
compensations come in the forms of affordable units, dedicated units for First Nations people,
and environmental enhancements. Please reach to plan a meeting to collaborate on determining
compensation.
Landscaping
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
4438 King Street East & 65 Gateway Park Drive.
Treaty Rights Compensation
As this development will result in a large amount of emissions and waste through
demolition and paving, SNGREC requests that this development be paired with compensation
for impacts to Six Nations Aboriginal and Treaty Rights and to the environment. SNGREC
requests compensation in the form of offsite environmental enhancements. Please reach out to
lrlust(-Osixnations.c; to collaborate on determining compensation.
535 Stirling Ave. S.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards. Large windows are shown on the sunroom in Figures 2 and 3. Please treat these
windows to minimize bird kills.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c- Bird -Friend ly- Best- Practices-
Glass.pdf
184 Woolwich St.
Environmental Impact Study (EIS)
SNGREC requests an EIS for this property to evaluate downslope impacts and impacts to
the wetland on the property (as identified via GRCA mapping). SNGREC believes that this should
have been required before tree clearing on the property, and thus requests enhanced
environmental compensation from the proponent for this development. This requirement could
be solved by sufficient environmental compensation such as habitat creation and construction
of artificial habitat structures (i.e. bat boxes).
Page 271 of 274
Tree Replacement
SNGREC requests a 10:1 tree replacement ratio for all trees removed regardless of DBH
and 1:1 for any dead trees/snags removed as these are an important habitat feature. A high tree
replacement ratio helps to restore lost ecological function and considers time for regrowth and
reduced survivability due to deer browsing and tree die -off. The goal of an increased tree
replacement ratio is also to create habitat and strengthen ecological resilience. On this site, this
would include trees removed before approval of this application. If accurate tree counts are not
already recorded, SNGREC will accept a liberal estimate (higher count). SNGREC acknowledges
that this site would not fit this level of tree replacement and thus requests offsite tree planting.
Further, the higher tree replacement ratio better compensates for the long lasting,
permanent impact of the development that will no longer be able to be used by Indigenous
people. The removal of or damage to the natural environment has an immense negative impact
to Six Nations of the Grand River Aboriginal and Treaty Rights in this area. Planting additional
trees and improving the environment helps make up for the negative impacts from development
on these rights.
Planted trees must be site-specific native species and should be planted as close to the
site as possible without impacting existing features and ecosystems, as should any future
landscaping species be native species.
Please consider planting plugs or other earlier -growth trees to help increase the feasibility
of planting additional trees. SNGREC requires planting best practices are used and suggests
collaboration with Kayanase Plant Nursery for recommendations and guidance.
Please be advised, if tree offset is not feasible onsite, SNGREC expects offset plantings to
take place as close as reasonably possible to the impacted site. SNGREC encourages
collaboration with the Grand River Conservation Authority, City of Kitchener, Region of Waterloo,
or RARE to achieve these offset plantings. Lastly, the Six Nations of the Grand River
Environmental Levy may be considered should closer sites be unavailable. SNGREC expects that
the tree replacement is paired with a robust and complete monitoring and maintenance plan
complete with contingency actions to ensure successful establishment of the trees for long term
success.
Wetland Buffer Encroachment
SNGREC requests that any encroachment into the wetland buffer (as shown for the
proposed driveway) is compensation for with enhancement or creation of wetlands.
To minimize the required compensation, SNGREC suggests changing the driveway
location to fit closer to the north edge of the lot and to have the garage and parking on the north
side of the property.
Landscaping
Page 272 of 274
SNGREC requests that only native plant species are used in landscaping efforts. Please
provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that
the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity
allows.
Bird and Light Friendly Design
SNGREC requests that the building is designed using bird and light friendly practices. This
includes minimizing reflective surfaces, creating visual markers on windows, and directing light
downwards.
Please see the City of Toronto's bird friendly practices for glass and for lighting as
guidelines and implement them thoroughly across the entire design:
https://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-
Glass.pdf
https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plannin-bird-effective-
lighting.pdf
180 Ahrens St.
No Comment
457 Maple Ave.
No Comment
Thank you for taking my comments. I look forward to hearing and collaborating more on these
applications. Please do not hesitate to reach out if you have any questions or concerns.
Nia:wen (thank you),
Emmett Vanson, BSc. (he/him)
Land Use and Stewardship Technician
Six Nations of the Grand River Elected Council Lands and Resources Department
lrlustPsixnations.ca
Page 273 of 274
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Page 274 of 274