HomeMy WebLinkAboutDSD-2025-378 - A 2025-098 to 100 - 180 Ahrens Street West
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: Evan Wittmann, Senior Planner, 519-783-8523
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: September 3, 2025
REPORT NO.: DSD-2025-378
SUBJECT: Minor Variance Application A2025-098 180 Ahrens St. W.
Minor Variance Application A2025-099 180 Ahrens St. W.
Minor Variance Application A2025-100 180 Ahrens St. W.
RECOMMENDATION:
A. Minor Variance Application A2025-098 180 Ahrens St. W. (Proposed Unit 1)
That Minor Variance Application A2025-098 for 180 Ahrens Street West requesting
relief from Section 7.3, Table 7-4, of Zoning By-law 2019-051:
i) to permit a front yard setback of 4.5 metres instead of the minimum required 6.5
metres; and,
ii) to permit an exterior side yard of 2.5 metres instead of the minimum required
4.5 metres;
to facilitate the construction of dwelling number 1 of 3 in a block of 3 street
townhouses, generally in accordance with drawings prepared by GRIT Surveying,
dated August 8, 2025, BE APPROVED, subject to the following condition:
1. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance with
implemented prior to any grading, servicing, tree removal or the issuance of
Demolition and/or Building Permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, a
landscaped area and the vegetation to be preserved. If necessary, the plan
shall include required mitigation and or compensation measures.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
b) That the Owner further agrees to implement the approved plan. No changes to
Manager, Site Plans.
B. Minor Variance Application A2025-099 - 180 Ahrens St. W. (Proposed Unit 2)
That Minor Variance Application A2025-099 for 180 Ahrens Street West requesting
relief from Section 7.3, Table 7-4, of Zoning By-law 2019-051:
i) to permit a front yard setback of 3.4 metres instead of the minimum required
16.5 metres; and,
ii) to permit a rear yard setback of 6.7 metres instead of the minimum required 7.5
metres;
to facilitate the construction of dwelling number 2 of 3 in a block of 3 street
townhouses, generally in accordance with drawings prepared by GRIT Surveying,
dated August 8, 2025, BE APPROVED subject to the following condition:
1. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance with
implemented prior to any grading, servicing, tree removal or the issuance of
Demolition and/or Building Permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, a
landscaped area and the vegetation to be preserved. If necessary, the plan
shall include required mitigation and or compensation measures.
b) That the Owner further agrees to implement the approved plan. No changes to
Manager, Site Plans.
C. Minor Variance Application A2025-100 -180 Ahrens St. W. (Proposed Unit 3)
That Minor Variance Application A2025-100 for 180 Ahrens Street West requesting
relief from Section 7.3, Table 7-4, of Zoning By-law 2019-051:
i) to permit a front yard setback of 4.3 metres instead of the minimum required
16.5 metres; and,
ii) to permit a rear yard setback of 6.7 metres instead of the minimum required 7.5
metres;
to facilitate the construction of dwelling number 3 of 3 in a block of 3 street
townhouses, generally in accordance with drawings prepared by GRIT Surveying,
dated August 8, 2025, BE APPROVED subject to the following condition:
1. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance with
ries, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
Demolition and/or Building Permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, a
landscaped area and the vegetation to be preserved. If necessary, the plan
shall include required mitigation and or compensation measures.
b) That the Owner further agrees to implement the approved plan. No changes to
the said plan shall be granted except with th
Manager, Site Plans.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make recommendations with respect to
three (3) Minor Variances Applications received for 180 Ahrens Street West.
The key finding of this report is that the variances meet the four tests of the Planning
Act and staff recommends approval.
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 at the northeastern corner of Ahrens Street West and
Wilhelm Street. The subject property is currently vacant, having previously been
developed for a single detached dwelling. This house was demolished, with plans for
redevelopment. A new foundation was poured, with the property changing ownership soon
after. The foundation has been removed by the current owner, with temporary fencing
remaining in place around the property.
Figure 1: View Of The Subject Property From Ahrens Street West
Figure 2: View Of The Subject Property From Wilhelm Street
Community Area Urban Structure and is
on Map 3
Figure 3: Land Use Designation (Subject Property Is Red Dot)
Low Rise Residential Zone Four (RES-4-law 2019-
051.
Figure 4: Zoning By-Law 2019-051 (Subject Property In Red)
The purpose of the applications are to vary each of the street facing setbacks and two rear
yard setbacks to implement a development scheme consisting of three street townhouse
dwelling units. Future consent applications will be required to allow each of the street
townhouse dwelling units to be dealt with independently.
Previous Minor Variance and Consent Applications were received for the property (A2025-
010 and B2025-003 Staff Report DSD-2025-045), which received approval at the
February 21, 2025 Committee of Adjustment meeting. The property is now in the process
of being sold, with the new owners pursuing a different development concept for the site.
Minor variance Application A2025-010 was to reduce the front yard setback of a new
single detached dwelling on a severed parcel, as created by Consent Application B2025-
003. With the proposal no longer being for a single detached dwelling, the minor variance
approval would not be in effect for the new proposal. The conditions of approval for
Consent Application B2025-003 were not cleared, and as such, the onditional Approval
will lapse if not completed within two years from the original decision date for approval.
REPORT:
Planning Comments:
For ease of assessment, the three Minor Variance Applications will be reviewed jointly in
the following section. 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 in the City of Kitchener Official
Plan. The Low Rise Residential land use designation is Section 15.D.3 of the Official Plan
and provides policy direction on lands designated under the residential land use
designations.
Policy 15.D.3.3 provides urban design principles regarding the integration of new
development in low rise residential areas:
a) compatibility of building form with respect to massing, scale, design;
b) the relationship of housing to adjacent buildings, streets and exterior areas;
c) adequate and appropriate parking areas are provided on site; and,
d) adequate and appropriate amenity areas and landscaped areas are provided on
site.
Policy 15.D.3.4 provides additional direction for new residential buildings in predominately
low density neighbourhoods, such as the one surrounding the subject property.
All new residential buildings, additions and/or modifications to existing residential
buildings and conversions in predominantly low density neighbourhoods should be
compatible with and respect the massing, scale, design and physical character of
the established neighbourhood and have both appropriate landscaped areas and
parking areas provided on site.
The primary considerations of the above policies as they pertain to the requested
variances are the relationship between the proposed dwellings to the adjacent buildings
and streets, appropriateness of amenity and landscaped areas, and integration into the
established neighbourhood. Street townhouses are permitted in the Low Rise Residential
land use designation, and the built form is commonly, and encouraged to be, mixed into
lower density neighbourhoods (e.g. Official Plan Policy 4.C.1.12). The front yard setbacks
and exterior side yard setbacks are street facing setbacks, where an appropriate transition
to the street is required. Aherns Street West and Wilhelm Street are local roads, which are
generally lower in traffic volume. Roads with lower traffic volumes typically do not need as
large a setback, and the reduced setbacks proposed are generally in keeping with the
surrounding area (as outlined in the following zone review section).
The rear yard setbacks are used to established amenity and landscaped areas, as well as
separation to adjacent properties. The internal townhouse unit is wider than a typical
interior townhouse unit, resulting in a rear yard area that is larger then usual, despite the
slightly reduced yard length. The 6.7 metre rear yards are larger than what would
otherwise be the interior side yard (and minimum 1.2 metres setback), a much larger
distance and separation than currently permitted.
Regarding the interior side yard setback, 110 Wilhelm Street is set back substantially from
the street, resulting in the proposed dwelling number 3 (and future lot) being offset from
the existing dwelling. This offset (i.e. no building wall to building wall condition) eases the
built form transition to the adjacent property and remains larger than the as-of-right
permission for an interior side yard setback for single and semi-detached dwellings.
Further policy direction is provided in Section 4 of the Official Plan, Housing. Minor
variance applications are given specific direction through 4.C.1.8, which states (with staff
commentary interspersed):
Where a special zoning regulation(s) or minor variance(s) is/are requested,
proposed or required to facilitate residential intensification or a redevelopment of
lands, the overall impact of the special zoning regulation(s) or minor variance(s) will
be reviewed, but not limited to the following to ensure, that:
a) Any new buildings and any additions and/or modifications to existing buildings
are appropriate in massing and scale and are compatible with the built form and
the community character of the established neighbourhood and will have regard
to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific
Urban Design Brief or Urban Design Report and Urban Design Scorecard.
The proposed street townhouses are permitted in the Low Rise Residential land use
designation and are encouraged to be mixed into neighbourhoods to provide options and
variety in housing types. Being a corner property, the rear yard setbacks and interior side
yard setback are the two yards that transition to existing properties. The 6.7 metres and 2
metres proposed are greater than the as-of-right setbacks for property, indicating that the
proposed setbacks are compatible with the intended scale for low rise neighbourhoods.
The setbacks proposed are generally consistent with those in the surrounding area.
b) Where front yard setback reductions are proposed for new buildings in
established neighbourhoods, the requested front yard setback should be similar
to adjacent properties and supports and maintain the character of the
streetscape and the neighbourhood.
As outlined in the following zone review section, the proposed front yard setbacks are
consistent with those observed in the surrounding area.
c) New additions and modifications to existing buildings are to be directed to the
rear yard and are to be discouraged in the front yard and side yard abutting a
street, except where it can be demonstrated that the addition and/or modification
is compatible in scale, massing, design and character of adjacent properties and
is in keeping with the character of the streetscape.
Does not apply to the proposed variances.
d) New buildings, additions, modifications and conversions are sensitive to the
exterior areas of adjacent properties and that the appropriate screening and/or
buffering is provided to mitigate any adverse impacts, particularly with respect to
privacy.
Privacy fences can be a made a condition of approval of the future Consent Applications,
which will be required to facilitate the construction of the proposal.
e) The lands can function appropriately and not create unacceptable adverse
impacts for adjacent properties by providing both an appropriate number of
parking spaces and an appropriate landscaped/amenity area on the site.
Sufficient parking spaces (proposed at two spaces per dwelling where one space per unit
is required) and landscaping/amenity area is proposed. No variances are requested to
landscaped area, and the rear yard areas provide sufficient amenity space for the dwelling
units.
f) The impact of each special zoning regulation or variance will be reviewed prior
to formulating a recommendation to ensure that a deficiency in the one zoning
requirement does not compromise the site in achieving objectives of compatible
and appropriate site and neighbourhood design and does not create further
zoning deficiencies.
Of the requested variances, they are each separate and do not result in further zoning
deficiencies (i.e. A reduced front yard does not create a parking deficiency).
General Intent of the Zoning By-law
The subject
Zoning By-law 2019-051, requiring the front yard setback of the subject property to be
one metre. The established front yard
is calculated by taking the average of the existing front yard setback of the property on
either side of the subject property. As such, the front yards for each dwelling are required
to be: 6.5 metres, 16.5 metres, and 16.5 metres. Due to the property currently being a
corner property, only the properties on each respective side of the proposed dwellings are
used to determine the established front yard.
The property abutting to the east, 110 Wilhelm Street, is set back considerably (roughly
17.5 metres) from Wilhelm Street. By basing the established front yard on this
measurement, a greater than normal front yard setback is required on the subject
property. The area surrounding the subject property generally varies in front yard
setbacks. The south side of Wilhelm Street to the west of Ahrens Street West is generally
a consistent 4.5 metres, with a greater variety on the northern side of the road, and to the
west of Ahrens Street West. The properties at the northwest of the intersection of Ahrens
Street West and Wilhelm Street (particularly 187 to 181 Ahrens Street West) have a very
small front yard, being roughly 1.5 metres at their nearest. The need for the large variance
to the front yard setback (for dwellings 2 and 3) is based on the front yard setback of 110
Wilhelm, which is anomalous to the area. The expansive setback of 110 Wilhelm
combined with the corner lot fabric of the subject property results in an impossible
intensification condition without some form of variance. The intent of the established front
yard is not to prohibit development, but to have generally consistent setbacks in a
neighbourhood. As noted, the proposed setbacks are generally consistent with those
observed in the area, meeting the intent of the zoning regulation.
Similar observations can be drawn regarding the exterior side yard for dwelling 1. The
requested 2.5 metres is generally consistent with the other corner properties at the
intersection of Wilhelm Street and Ahrens Street West. 181 Ahrens Street West has an
exterior side yard of roughly 1.5 metres, while 176 Ahrens Street West is roughly 3.5
metres. The requested 2.5 metres is generally consistent with the surrounding area.
Regarding the rear yard variances, the intent of the minimum setback is to ensure
sufficient outdoor amenity space is provided for a property, and separation distance is
maintained to adjacent properties. The minimum lot width for a street townhouse is 6
metres for an internal unit, and 10 metres for an external unit. The internal unit (Dwelling
2) is nearly 12 metres in width, almost double the minimum requirement. As such,
although the setback is reduced, the lot will provide a greater amount of amenity space
than a typical 6 metre wide property could provide. The 6.7 metre setback distance is
currently the interior side yard of the property (before Consent Applications), meaning that
the current minimum setback distance to the adjacent property (184 Ahrens Street West)
is 1.2 metres. The lessened rear yard setback is a much greater separation than as-of-
right permitted and maintains the intent of the setback distance.
Regarding the interior side yard setback for dwelling 3, the typical urban interior side yard
setback for single and semi-detached houses is 1.2 metres (as permitted in the RES-4
zone). As proposed, the requested setback remains greater than the otherwise permitted
setback.
Figure 5: General Setbacks In The Area
-
law.
Are the Effects of the Variances Minor?
To assess if the effects of a variance a minor, a common approach is to consider the
impacts on the surrounding area. In many instances, the proposed setbacks are larger
than they would otherwise be if the property remained as one lot (i.e. the rear yard
setbacks and interior side yard setback). In terms of massing compatibility and built form
transition, the proposed setbacks are an improvement over as-of-right permissions.
Regarding the front yard and exterior side yards, their reduction is generally consistent
with the surrounding area, and no undue impacts are anticipated by bringing these
building faces closer to the street. Wilhelm Street and Ahrens Street West are generally
low volume roads in terms of traffic, and a closer setback distance is appropriate.
Are the Variances Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
The area surrounding the subject property is generally single detached dwellings.
Introducing street townhouses houses to the area is generally desirable and appropriate,
following the policy direction of the Official Plan. To facilitate their development, the
proposed variances are required. As explored at length in this report, the setbacks are
generally consistent with the surrounding area. Additionally, the proposed lots are larger
than otherwise permitted by the Zoning By-law. The smallest proposed future lot is roughly
22
228 m, where 148 m is the minimum required. Despite the reduced setbacks, the lots are
more than sufficiently large to accommodate livable dwelling units and their amenity areas.
development of the site.
Environmental Planning Comments:
Planning Staff need to be satisfied that the Tree Management Plan/Enhancement Plan
(TMEP) requested as a Condition of Consent Application B2025-003, approved by
Committee on February 21, 2025, was submitted and approved to ensure no impacts to
shared ownership or City-owned street trees.
Planning Staff Response:
The Tree Management Plan/Enhancement Plan required as a Condition of Consent
Application B2025-003 has not been submitted. As noted earlier in this report, The
conditions of approval for Consent Application B2025-003 have not been cleared. The
TMEP condition required the preparation and implemented of the TMEP prior to any
grading, servicing, tree removal or the issuance of Demolition and/or Building Permits.
Unfortunately, the Applicant did not follow through on this requirement prior to removing
the concrete foundation that was in place at the time of consideration of Consent
Application B2024-003. As this condition was never satisfied prior to any grading,
servicing, tree removal or the issuance of Demolition and/or Building Permits, it is
appropriate and necessary to include it as a condition of the Minor Variance Applications
to ensure that the new proposal will not have any impacts on adjacent trees in shared
ownership or to any City-owned street trees.
Heritage Planning Comments:
The property municipally addressed as 180 Ahrens Street West has no heritage status.
However, it is located within the Mt. Hope/Breithaupt 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
application is not anticipated to have a major adverse impact on the CHL. The applicant is
encouraged to use materials that are compatible with the neighborhood. Staff have no
further comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the new townhouse is obtained prior to construction. Please contact the Building Division
at building@kitchener.ca with any questions.
Engineering Division Comments:
The proponent is advised that future severance of any blocks within the subject lands
would require separate, individual service connections for sanitary, storm, and water, in
accordance with City policies.
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 and Cemeteries/Forestry Division Comments:
At the time of severance, cash-in-lieu of park land dedication is required on the severed
parcels.
Transportation Planning Comments:
Transportation Services have no concerns with this application as based on the drawing
scaled by City Staff, no portion of the proposed building is expected to conflict within the 7
metre x 7 metre Corner Visibility Triangle (CVT) located at the southwest corner of the
property.
The Applicant is to be advised that no portion of the structure above 0.9 metres in height
can be located in the 7 metre x 7 metre Corner Visibility Triangle (CVT) at the southwest
corner of the property per Section 4.5 of City Zoning By-law 2019-051. The triangle must
remain clear to provide sufficient sight distances at the Ahrens Street West and Wilhelm
Street intersection.
Transportation Services would like the Applicant to confirm the length of the shortest side
of the driveway for the dwellings. If the driveways -law
dimensions, Transportation Services have no concerns.
Region of Waterloo:
No comments.
Grand River Conservation Authority:
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.
Six Nations of the Grand River Elected Council:
Advisory Comments:
Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in
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
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:
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.
Planning Staff Response:
No Archaeological Assessment has been completed for the site. The original house was
demolished in 2023and afoundation for a new house was poured later that year. The site
was sold to a new owner, who removed the foundation, and the site has now been sold again
to current owner. Due to the level of disturbance, an Archaeological Assessment is not
requested. 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
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
DSD-2025-045
ATTACHMENTS:
Attachment A Site Plan
Attachment B Site Plan Markup
Attachment A Site Plan
Attachment B - Site Plan with Markup
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.