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HomeMy WebLinkAboutDSD-2025-373 - A 2025-096 - 457 Maple Avenue Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 16, 2025 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Maitland Graham, Student Planner, 519-783-7879 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: August 25, 2025 REPORT NO.: DSD-2025-373 SUBJECT: Minor Variance Application A2025-096 457 Maple Avenue RECOMMENDATION: That Minor Variance Application A2025-096 for 457 Maple Avenue requesting relief from Section 5.6.1 a) Zoning By-law 85-1, to permit front steps with a height of 1.3 metres above finished grade, to be located within 3.0 metres of the street line, to facilitate the construction of front steps onto a new detached dwelling generally in accordance with drawings prepared by Bobicon Ltd., dated July 30, 2025, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of a variance to allow front steps with a height of 1.3 metres above finished grade, to be located within 3 metres of the street line, to facilitate the construction of front steps onto a new detached dwelling. The key finding of this report is that the requested minor variance meets the four tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the west side of Maple Avenue, in the North Ward Planning Community. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. In August 2024, the Committee conditionally approved Consent Application B2024-022 to sever a parcel of land with frontage on Maple Avenue, for the purposes of constructing a new Single-Detached Dwelling withan Additional Dwelling Unit (ADU) (Attached) on the severed lot. All conditions associated with this application have been fulfilled, and the lot has been legally established and is municipally addressed as 457 Maple Ave. For the purposes of this report, this severed lot is the subject property. The retained lot, located at the intersection of Maple Ave and Union Street, is addressed as 1180 Union Street and contains a single detached dwelling that was constructed in approximately in 1949. The subject property is currently vacant. The lands to the west, along Union Street, primarily contain low density residential uses, while the property immediately north contains a 3-storey multiple dwelling. The lands to the south contain the aforementioned single detached dwelling. The lands to the east and southeast are primarily industrial uses. Community Areas Urban Structure and is Low Rise Conservation A Official Plan. Residential Five Zone (R-5-law 85-1. Figure 1: Aerial Photo of the Subject Property In addition, the Committee also approved the associated Minor Variance Application A2024-066, for the severed parcel which granted relief for the subject property from Section 39.2 of Zoning By-law 85-1: a) To permit a front yard setback of 3.3 metres instead of the minimum required 4.8 metres; and b) To permit a rear yard setback of 3 metres instead of the minimum required 7.5 metres. The purpose of this application is to request relief from Section 5.6.1 a) to permit front steps with a height of 1.3 metres above finished grade, to be located within 3 metres of the street line. Approval of the variance will allow for the construction of front steps onto a new detached dwelling on the subject property. Figure 2: Site Plan Figure 3: Front and Left Elevations Figure 4: Rear and Right Elevations Figure 5: Site Photo of 457 Maple Avenue Figure 6: Alternate Site Photo of 457 Maple Avenue Figure 7: View from abutting property showing the grade difference. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan Land Use. The intent of the Low Rise Residential designation is to accommodate a diverse range of low- rise housing types while maintaining the low-density character of the neighbourhood. 15.D.3.12. of the Official Plan highlights that where there is an unusual grade situation, buildings and/or structures with increased floor to ceiling heights and architectural features shall be granted relief provided that the increased building height is compatible with the built form and physical character of the neighbourhood. The unusual grade conditions of the subject property require a backfill of earth necessary to facilitate a level grade and adequate underground utility space to provide servicing to the property. This has resulted in the front steps situating higher than allowed regulation requiring the requested variance. The requested variance would facilitate the construction of a Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached) on the subject property, in conformity with the Low Rise Residential land use designation. Planning Staff is of the opinion that the proposed minor variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 3 metre street line setback for stairs with a maximum height of 0.6 metres is to ensure that there is an adequate amount of space for the function of the front yard, to limit visual obstructions facilitating greater accessibility and safety for pedestrian traffic near the street line, and to ensure a consistent, compatible streetscape to preserve the character of the neighbourhood. Based on the anticipated to impede the visibility of pedestrian traffic or cause obstruction to access due to the absence of sidewalk infrastructure along Maple Avenue. It should be noted that Transportation Services has no concerns with the requested variance. Planning Staff is of the opinion that the general intent of the Zoning By-law is met. Is/Are the Effects of the Variance(s) Minor? The requested variance to facilitate a stair height of 1.3 metres rather than the maximum permitted 0.6 metres within 3 metres of a street line is minor, since it is not anticipated to cause unacceptable right-of-way. The unusual grade conditions require enough backfill to level the grade and provide adequate underground utility space to provide servicing of the property. Planning Staff is of the opinion that the requested variance is minor. Also, as aforementioned, Transportation Services has no concerns with the requested variance. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The subject property was recently severed from the back portion of 1180 Union Street with the intent to develop a new Single-Detached Dwelling with an Additional Dwelling Unit (Attached) as an appropriate infill development opportunity. Planning Staff is of the opinion that the requested variance will facilitate appropriate development and use of the subject lands. Environmental Planning Comments: No comments. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A revision has already been made to the original building permit. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: No concerns. Grand River Conservation Authority (GRCA): GRCA has no objection to the approval of the application. The subject property does not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The property is not subject to Ontario Regulation 41/24, and therefore permission from GRCA is not required. Six Nations of the Grand River Environmental Comments: Advisory Comments: Six 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. Metrolinx Comments: No comments or concerns. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 i Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Planning Statement (PPS 2024) Regional Official Plan Official Plan (2014) Zoning By-law 85-1 DSD-2024-366 (A2024-066, A2024-067, B2024-022), DSD-2025-112 (A2025- 015) 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.