HomeMy WebLinkAboutDSD-2025-379 - A 2025-092 - 184 Woolwich StreetStaff Report
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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
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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.
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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
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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
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Page 135 of 274