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Home My WebLink AboutDSD-2025-383 - A 2025-095 - 66 Georgina Street Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 16, 2025 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Sheryl Rice Menezes, Planning Technician, 519-783-8944 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: September 8, 2025 REPORT NO.: DSD-2025-383 SUBJECT: Minor Variance Application A2025-095 66 Georgina Street RECOMMENDATION: That Minor Variance Application A2025-095 for 66 Georgina Street requesting relief from the following Sections of Zoning By-law 2019-051: i) Section 4.14.10, to permit steps (made of a platform with construction on piers or helical piles) in an interior side yard to be setback 0.3 metres instead of the minimum required 0.5 metres; and, ii) Site Specific Provision 254 g), to permit a minimum contiguous front yard landscape area of 14.2 square metres instead of the minimum required 17 square metres; to facilitate the conversion of the existing Single Detached Dwelling (1 Dwelling Unit) to a Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached) (Duplex), generally in accordance with drawings prepared by Shivang Tarika, dated May 2025, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a Minor Variance Application to facilitate the conversion of the existing Single Detached Dwelling (1 dwelling unit) to a Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached) (Duplex). The key finding of this report is that the requested minor variances meet all the four tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. s website with the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. Image 1: Aerial 2024 BACKGROUND: The subject property is located on the south side of Georgina Street and to the west of Proudfoot Drive. Community Areas Urban Structure and is Low Rise Residential The property is zoned Residential Five Zone (RES-5) with Site Specific Provisions (252) and (254) in Zoning By-law 2019-051. The purpose of the application to facilitate the conversion of the existing Single Detached Dwelling (1 Dwelling Unit) to a Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached) (Duplex). Image 2: View of house from street REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The property is designated as Low Rise Residential. The intent of the land use designation is to encourage residential intensification and/or redevelopment which includes additional dwelling units to respond to changing housing needs and as a cost-effective means to reduce infrastructure and service costs by minimizing land consumption and making better use of existing community infrastructure. The variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation requiring a minimum of 0.5 metre setback for the above grade steps to ensure that there is adequate setback to maintain the steps, to ensure adequate drainage in the side yard and to ensure that no part of the steps will encroach onto the neighbouring lands. Image 3: Left side of dwelling (Staff note that there shall be no obstruction into the required 1.1m walkway along the side, including meters and pipes any obstruction to be removed or relocated) Engineering staff commented that it is recommended that the steps and/or landing implementation be of a platform construction on piers or helical piles in order not to block the passage of stormwater runoff. Planning staff agree and have noted this in the wording of the to include this construction method for the steps. The intent of the regulation requiring a minimum of 17 square metres of contiguous landscapingis to ensure that there is adequate soft landscaping on the property and the surrounding streetscape, as this condition is on all properties in the neighbourhood. This provides for a streetscape that is not dominated by hardscape or driveways and parking of vehicles. The request to reduce the landscaped area to 14.2 square metres is minimal, continues to provide for soft landscaping while accommodating the required 1.1 metre walkway to the new dwelling unit. Is/Are the Effects of the Variance(s) Minor? The creation of a second dwelling unit in the existing building requires the two subject variances. As noted above, the variances meet the intent of the Zoning Bylaw. As the effects of the variances would be minimal and will permit the property to add a second dwelling unit, staff are of the opinion that they may be considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the variances for the second dwelling unit are desirable and appropriate for the property and provide a gentle form of intensification which can be considered appropriate use for the property and compatible with the surrounding neighbourhood. Environmental Planning Comments: No Natural Heritage features/functions and no trees. Heritage Planning Comments: No Heritage Planning comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the change of use to a Duplex. Parks and Cemeteries/Forestry Division Comments: There are plans for a City-owned street tree within the right-of-way on Georgina Street. It is expected that all City owned tree assets will be fully protected to City standards throughout demolition and construction as per Chapter 690 of the current Property Maintenance By-law, as required. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. Tree Protection and Enhancement prior to any demolition or building permits being issued. (NOTED by Planning staff, the existing driveway is at the maximum width permitted by the Zoning Bylaw and no widening is permitted). Transportation Planning Comments: Transportation Services have no concerns with this application. Engineering Division Comments: The side yard currently accommodates overland stormwater flows from the rear yard. A sidewalk is required to the rear yard in accordance with the Zoning By-law. The final grading of this property shall not adversely affect the drainage of adjacent properties or the overall grading control plan. The Owner is responsible to address storm water drainage at the Building Permit stage. Recommend the implementation of platform construction on piers or helical piles, for the stairs and landing proposed, so as not to block the passage of stormwater runoff. Drawing for -095 - 66 Georgina St - below for owner/builder reference. Image 4: A2025-095 - 66 Georgina St - GRADING Region of Waterloo Comments: No concerns. Six Nations of the Grand River Environmental Comments: Advisory Comments: Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in 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 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. 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 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 ebsite 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 September 3, 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 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЎЉЏЋЏЍЍ ĻƩƭźƚƓʹ Њ 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЎЉЏЋЏЍЍ ĻƩƭźƚƓʹ Њ August 28, 2025via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting September16, 2025 Applications for Minor Variance A 2025-089239 Woodbine Avenue A 2025-09010 Abram Clemens Street A 2025-091234-240 Frederick Street A 2025-093535 Stirling Avenue South A 2025-094160 Samuel Street A 2025-09566 Georgina Street A 2025-096457 Maple Avenue A 2025-0974438 King Street East & 65 Gateway Park Drive A 2025-098 to A 2025-100180 Ahrens Street West Grand River Conservation Authority (GRCA) staff havereviewed 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 From:Jenna Auger To:Committee of Adjustment (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.png Good afternoon, th Thank you for circulating the September 16, 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 | Toronto | Ontario | M5J 2W3 From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.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. EXPÉDITEUR EXTERNE: Ne cliquez sur aucun lien et n’ouvrez aucune pièce jointe à moins qu’ils ne proviennent d’un expéditeur fiable, ou que vous ayez l'assurance que le contenu provient d'une source sûre. 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. 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 | Legislated Services | City of Kitchener 519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.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. From:Tierra Henhawk To:Committee of Adjustment (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 Stirling 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. 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, 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 Clerk | Legislated Services | City of Kitchener 519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.ca From:Emmett Vanson To:Committee of Adjustment (SM) Subject:SNGREC Environmental Comments for Sept 16 Committee of Adjustments Date:Monday, August 25, 2025 11:58:56 AM Attachments:image.png 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 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@sixnations.ca 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/2017/08/8d1c-Bird-Friendly-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). 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 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/2017/08/8d1c-Bird-Friendly-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-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. Niá: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 lrlust@sixnations.ca Confidentiality Notice: This email, including any attachments, is for the sole purpose of the 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.