HomeMy WebLinkAboutDSD-2025-390 - A 2025-073 - 112 Admiral RoadDevelopment 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
h 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.
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.
Figure 1 - Aerial photo
Urban Structure and is
--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.
Figure 2 - Streetview of subject 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:
General Intent of the Official Plan
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.
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.
-
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.
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.
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
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
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)
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
dcarnevale@greenprintca.com
36 Southwind Terrace
Oakville, On L6L 6K6
(T) 289-813-9251
September 3, 2025
Table of Contents
Page
No.
Executive Summary
Executive Summary…………………………………………………………………..……
1
Introduction
Introduction and History.... ……………………………………………………….…..….
2
Assignment……………......……………………………………………………….……... 3
Tree survey and Recommendations
Tree Summary ……………………………………………………………………………
Discussion…………………………………………………………………………………4
Conclusion
Summary Table
Conclusion…………………………………………………………………………………. 5
Appendix I
Tree Inventory and Recommendations……………………………………………………. 6
Appendix II:
Tree Preservation Guidelines………………………………………………………………
7
Appendix III:
Digital Images…………………………………………………………………………….. 10
Appendix IV:
Assumptions and Limiting Conditions……………………………………………………
14
ATTACHMENTS: Tree Protection Plan – TPP-1
112 Admiral Road - Kitchener Page 1
EXECUTIVE SUMMARY:
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.
112 Admiral Road - Kitchener Page 2
INTRODUCTION:
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-1 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) - https://www.hamilton.ca/sites/default/files/2022-05/pedpolicies-tree-
protection-guidelines1.pdf
Forestry Act - https://www.ontario.ca/laws/statute/90f26
Endangered Species Act - https://www.ontario.ca/laws/statute/07e06
Bird Migratory Convention Act, 1994
112 Admiral Road - Kitchener Page 3
ASSIGNMENT:
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 #370 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.
112 Admiral Road - Kitchener Page 4
TREE SURVEY AND RECOMMENDATIONS
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 (Morus 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:
Encroachment Distance from Diameter of
Tree noon TPZ Base of Trunk Roots Impact
(%) (m) Disturbed (cm)
1 6.0 2.61 Low/Nil
2 21.0 0.96 Low
3 12.0 1.14 Low/Nil
4 4.0 1.97 Low/Nil
Except for tree 2, roots disturbed within the prescribed TPZs of all above listed trees are likely to be
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-1 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.
112 Admiral Road - Kitchener Page 5
General Comments
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:
Scheduled for
Recommended Removal
Preservation
Tree Category TotalConsequence
Preserve Regardless of
Preserve of
with Injury construction
construction
City
Any tree located within
7340 0
municipal road allowance or
parkland
Total7340 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 dcarnevale@greenprintca.com
GREENPRINT CONSULTING ARBORISTS
Davide Carnevale H.B.Sc.F.
Senior Consulting Arborist
ASCA Registered #370
E-mail: dcarnevale@greenprintca.com
Comments
Trees with
B =
- multi-stem (30/31), invasive non-native tree highly resistant to construction disturbance - poorly attached main union with included bark - canopy primarily extends over parkland
- proposed excavation encroaches within TPZ by 6%, 2.61m from base of trunk - multi-stem (27/20/14), invasive non-native tree highly resistant to construction disturbance - poorly
attached main union with included bark - canopy primarily extends over parkland - proposed excavation encroaches within TPZ by 21%, 0.96m from base of trunk - invasive non-native
tree highly resistant to construction disturbance - poorly attached main union with included bark - canopy primarily extends over parkland - proposed excavation encroaches within
TPZ by 12%, 1.14m from base of trunk - multi-stem (9/8), invasive non-native tree highly resistant to construction disturbance - poorly attached main union with included bark
- canopy primarily extends over parkland - proposed excavation encroaches within TPZ by 4%, 1.97m from base of trunk - clear of proposed construction, shall retain 100% of prescribed
TPZ - multi-stem (26/31) - clear of proposed construction, shall retain 100% of prescribed TPZ - clear of proposed construction, shall retain 100% of prescribed TPZ
“Council of Tree &
- - -
_ _ _ _
Permit
Required
.
P P P
PI PI PI PI
Action
Edition,”
th
= Private trees with diameters of 10cm or more situated
Nil Nil Nil
P
Low/Nil Low/Nil Low/Nil Low/Nil
Impact
Develop
, prepared under contract by the
Page 6
4.0 4.0 2.5 2.5 5.0 4.0 3.0
(m)
mTPZ
F F F F
G G G
Overall
Condition
“Guide for Plant Appraisal”
P P P P
G G G
xcellent was determined for each tree by visually assessing all the above ground components of the
Structure
E
International Society of Arboriculture (I.S.A.), 10
ood/
G
G G G G G G G
air/
Vigour
F
oor/
P
Trees with diameters of 10 cm or more situated on private property, within 6 m of the subject site;
4.0 3.0 2.5 2.5 5.0 4.0 3.0
(m)
ead/
Radius
D
Canopy
N =
azard/
H
43 33 18 18 28 28 18
DBH
(cm) , an official publication of the
otential
P
Black Black Black
White
maple
Name
walnut walnut walnut
mulberry
Manitoba
Common Buckthorn Buckthorn
azardous/
H
trees of all diameters situated within the Municipal road allowance adjacent to the subject site;
spp. spp.
Acer
Name
negundo
Rhamnus Rhamnus
P = Preserve; PI = Preserve with Injury; R = Remove; Tp = Transplant
Minimum tree protection zone distance as mandated by City of Hamilton as per the “Tree Protection Guidelines (City wide):-
A rating of tree, using acceptable arboricultural procedures as recommended in the Landscape Appraisers (CTLA)on private property on the subject site; diameters of 10cm or more situated
on a mutual property line. https://www.hamilton.ca/sites/default/files/2022-05/pedpolicies-tree-protection-guidelines1.pdf
Botanical
Morus alba
Juglans nigra Juglans nigra Juglans nigra
C C C C C C C
Owner
1 2 3 4 5 6 7
Health Assessment: Ownership: C = CityAction:
MTPZ:
Tree #
112 Admiral Road - Kitchener Appendix I: TREE INVENTORY AND RECOMMENDATIONS LEGEND:
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:
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.
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.
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.
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.
2.5Avoid 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:
3.1Prune trees to remove deadwood, objectionable limbs while maintaining crown
form.
During Construction:
3.2Irrigate tree preservation zones during drought conditions, June – September, to
reduce drought stress.
3.3Inspect the site every month to ensure that all hoarding is in place and in good
condition. Inspect the trees to monitor condition.
Post-Construction:
3.4Trees 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.
4.0LANDSCAPING
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.
4.1No grade changes are permitted which include adding and/or removing soil.
4.2No excavation is permitted that can cause damage to the roots of the tree.
4.3No 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.
4.4Any hard -surface sidewalks, paths, etc. should be constructed using permeable
products such as interlocking stone, etc.
112 Admiral Road - Kitchener Page 10
Appendix III: DIGITAL IMAGES
Photo #1:
112 Admiral Road - Kitchener Page 11
Photo #2:
112 Admiral Road - Kitchener Page 12
Photo # 3:
112 Admiral Road - Kitchener Page 13
Photo #4: Showing front boulevard with no tree and recent construction activities.
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.
m
00.3
7
6
m 00.5
5
4
m
05.2
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5.2
3
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2
1
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,
1. To allow the Applicant time
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
law (Property
Maintenance Chapter 690) prohibits harm to City trees. If the ADU can 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.
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
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.
Figure 1 - Aerial photo
Community Areas Urban Structure and is
Low Rise Residential Land
It Low Rise Residential Four Zone (RES-4Zoning 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:
General Intent of the Official Plan
w Rise ResidentialThe 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.
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,
staff are of the opinion that the increase in building height is not onerous and can be
considered minor.
Figure 3 Proposed Site Plan
Figure 4 Proposed Elevations
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).
m 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 Protection zones)
and protective fencing agreed to, and then an ould 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@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
Public Tree Bylaw (Property Maintenance Chapter 690) prohibits harm to City trees. We
Report documenting impacts and mitigation measures to prevent harm to these trees. If
the ADU can be lRoot
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
protection of City assets prior to any demolition or building permits being issued.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
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
August 5th, 2025
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЎЉЍЊЊВЋ
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЎЉЍЊЊВЋ
August 1, 2025 via email
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
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 arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority