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Home My WebLink AboutDSD-2025-384 - A 2025-094 - 160 Samuel StreetStaff 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 LL� 334.64 DOOR Variance for 0.9m setback 34.88 STEM �/y� DOOR SIL_ 51FPS SBDk 6611L f FYSSET it N64°121W, cu.1n �. yr - - HEDGE FE R BED FLOW R O OU BUSJJ 0-3! DSG- � i�a � cu® � +r E91i st LHii PW 11LlT 2 ' i1 333-t3 — OR 332." c�� 333.66 Y IHF C NdA° 'AO"E WO'.-2WI.:2 3 d iUnOS"'LSI%3 oVariance for 0.3m setback HEW Figure 2: Proposed Variances Site Plan � I 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 xa.a Figure 8: Ground Floor Plan Figure 9: Second Floor Plan Page 162 of 274 1716 — 1A0(I _ — 7774 5M7T Figure 10: Third Floor Plan TYP. 2 A3.3 Page 163 of 274 I �� ed1MTEG •'�, • �IiT16 / I • f I f` I �Sll /IS�IRIm `•, ff� rhrnc � I I I I I IL14}ap #1716 � �p I I I I I 1.9m7f 1 kl?m I 1 I h I I I F, I I I I nsuLl" VATIC SPA I I I I I I I 1716 — 1A0(I _ — 7774 5M7T Figure 10: Third Floor Plan TYP. 2 A3.3 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