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HomeMy WebLinkAboutCA Agenda - 2025-10-211 KITc�ivER Committee of Adjustment Agenda Tuesday, October 21, 2025, 10:00 a. m. -12:00 p. m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 (Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, and Ontario Regulations 197/96 and 200/96, as amended) TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on Tuesday, OCTOBER 21, 2025, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants or Agents must attend in support of the application. This is a public meeting. Anyone having an interest in any of these applications may make an oral submission at the meeting or provide a written submission for Committee consideration. Please note this is a public meeting and will be livestreamed and archived at www.kitchener.ca/watchnow. The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date. Pages 1. COMMENCEMENT 2. MINUTES 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form. 4. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 A 2025-076 - 221 Sydney Street South, DSD -2025-340 6 Requesting a minor variance to permit a rear yard setback of 2m rather than the minimum required 7.5m to facilitate the construction of a rear yard addition (a bathroom/laundry room). 5.2 B 2024-031 - 829 Stirling Avenue South, DSD -2025-421 17 Requesting consent to sever a parcel of land having a width of 7.9m on Stirling Avenue South, a depth of 45.7m and an area of 362.3 sq.m. The retained land will have a width of 7.9m on Stirling Avenue South, a depth of 45.7m and an area of 362.3 sq.m. The consent will allow each half of a semi-detached dwelling to be on a separate lot and to be dealt with independently. 6. NEW BUSINESS 6.1 A 2025-101 -199 Breithaupt Street, DSD -2025-426 47 Requesting permission to convert a Legal Non -Conforming Single Detached Dwelling to a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached), a Duplex. 6.2 A 2025-102 - 282 Tremaine Crescent, DSD -2025-414 60 Requesting a minor variance to permit a northerly side yard setback of 0.4m rather than the minimum required 1.2m to facilitate the construction of a rear covered deck onto the existing detached dwelling. 6.3 A 2025-103 - 129 St. George Street, DSD -2025423 73 Requesting minor variances to permit a deck greater than 0.6m in height to be located 3.7m from the rear lot line rather than the minimum required 4m; and, to permit a rear yard setback of 7m rather than the minimum required 7.5m to recognize the location of an existing rear deck and detached dwelling. 6.4 A 2025-104 - 23 Donnenwerth Drive, DSD -2025-425 84 Requesting a minor variance to permit an easterly interior side yard setback of 0.3m rather than the minimum required 0.5m to facilitate the construction of new steps/side access in the side yard of existing single detached dwelling to facilitate the conversion of a Single Detached Dwelling to a Duplex Dwelling. 6.5 A 2025-105 -1010 Copper Leaf Crescent, DSD -2025-412 94 Requesting minor variances to permit a lot with of 8m rather than the minimum required 10.5m; and, to permit a rear yard setback of 11.6m for the principal dwelling and 0.9m to the Additional Dwelling Unit (ADU)(Detached) rather than the minimum required rear yard setback of 18.5m, to facilitate the development of an Detached Additional Dwelling Unit (ADU) in the rear yard of the subject property. 6.6 A 2025-106 - 43 Maurice Street, DSD -2025-419 107 Page 2 of 268 Requesting a minor variance to permit an easterly exterior side yard setback of 0.1 m abutting Sydney Street South, rather than the minimum required 4m to facilitate the re -construction of a 2 -storey deck onto an existing detached dwelling and to legalize the existing storage shed. 6.7 A 2025-107 - 904 Isaiah Place, DSD -2025-424 118 Requesting a minor variance to permit a year yard setback of 6.4m rather than the minimum required 7.5m to facilitate a sunroom addition onto the rear of the existing detached dwelling. 6.8 A 2025-108 - 32 & 42 Windom Road, DSD -2025-429 127 Requesting a minor variance to permit interior side yard setbacks (north and south) of 2m rather than the minimum required 2.5m to facilitate the development of a 3 -storey multiple residential building having 56 dwelling units. 6.9 A 2025-109 - 29 Edna Street, DSD -2025-418 140 Requesting a minor variance to permit an Additional Dwelling Unit (ADU) (Detached) to have a lot coverage of 21.6% rather than the maximum permitted 15% to facilitate the construction of a Detached ADU in the rear yard of the subject property. 6.10 A 2025-110 - 600 Queen Street South, DSD -2025427 155 Requesting a minor variance to permit a building having 12 storeys inclusive of a mezzanine level having a building height of 37.5m, rather than the maximum 11 permitted storeys with a building height of 37.5m to facilitate a Residential Care Facility having 144 units in accordance with Site Plan Application SP23/007/Q/KA. 6.11 A 2025-111 - 396 Southill Drive, DSD -2025413 172 Requesting minor variances to permit an Additional Dwelling Unit (ADU) (Detached) on the same lot as a multiple dwelling, whereas an ADU (Detached) is only permitted on the same lot as a single detached dwelling, semi-detached dwelling or street townhouse dwelling; to permit an unobstructed walkway to be obstructed by the drive aisle whereas the Zoning By-law does not permit this; and, to permit the rear yard landscaped area to be 12% rather than the minimum required 30%, to facilitate the conversion of an existing accessory building (detached garage) to a Detached Additional Dwelling Unit (ADU). 6.12 B 2025-026 - 96 Third Avenue, DSD -2025-420 185 Requesting consent to sever a parcel of land having a width of 8m on Third Avenue, a depth of 38.8m, and an area of 320.6 sq.m. The retained land will also have a width of 8m on Third Avenue, a depth of 38.8m, and an area of 320.9 sq.m. The consent will allow each half of a Semi - Detached Duplex Dwelling to be dealt with independently. 6.13 B 2025-027 to B 2025-030 - 60, 62, 64 & 66 Gage Avenue, DSD -2025- 206 Page 3 of 268 422 Requesting consent to sever a parcel of land having a width of 7.6m on Gage Avenue, a depth of 28.5m, and an area of 214.4 sq.m. The retained land will have a width of 7.6m on Gage Avenue, a depth of 28.5m, and an area of 211.6 sq.m. Consent is also being requested to create an easement having a width of 1.5m and a depth of 2.9m on the severed parcel of land, at the rear of the building where the common wall is not shared for the purposes of access and maintenance in favour of 62 Gage Avenue; and, to create an easement having a width of 1.5m and a depth of 2.9m on the retained parcel of land, at the front of the building where the common wall is not shared for the purposes of access and maintenance in favour of 60 Gage Avenue. The consent will allow each half of a Semi -Detached Dwelling to be dealt with independently. 6.14 B 2025-031 & A 2025-112 - 509 Park Street & 54 Mt Hope Street, DSD- 237 2025-428 Requesting consent to sever a parcel of land from 509 Park Street to convey as a lot addition to 54 Mt Hope Street, having a width of 31.4m on Mt Hope Street, a depth of 20m, and an area of 679 sq.m.; and, to grant a partial discharge of mortgage if required. The retained land will a width of 19.9m on Park Street, a depth of 56m, and an area of 1,610 sq.m. Minor variances are also being requested to permit the severed land to have an area of 679 sq.m. rather than the minimum required 700 sq.m.; to permit a rear yard setback of 1.8m rather than the minimum required 7.5m; and, to permit a landscaped area of 29% rather than the minimum required 30% to facilitate the construction of a 12 unit, stacked townhouse development in accordance with Site Plan Application SP25/052/P. 7. ADJOURNMENT 8. PLANNING ACT INFORMATION • Additional information is available at the Legislated Services Department, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener 519-741-2203 or by emailing CofA(a)kitchener.ca. • Copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca/meetings in the online Council and Committee calendar; see the meeting date for more details. • Anyone having an interest in any of these applications may attend this meeting. • Only the Applicant, Minister, specified person (as defined in Section 1 of the Planning Act) or public body that has an interest in the matter has the right to appeal of decisions of the Committee of Adjustment. These Page 4 of 268 parties must make written submissions to the Committee prior to the Committee granting or refusing Provisional Consent otherwise, the Ontario Land Tribunal (OLT) may dismiss the appeal. Any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Marilyn Mills at marilyn.mills(a)kitchener.ca. If you wish to be notified of a decision, you must make a written request to the Secretary -Treasurer, Committee of Adjustment, Kitchener City Hall, 200 King St. W., Kitchener ON, N2G 4G7. The Notice of Hearing for this meeting was published in the Record on the 3rd day of October, 2025. Marilyn Mills Secretary -Treasurer Committee of Adjustment Page 5 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Jade McGowan, Student Planner, 519-707-4759 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD -2025-340 SUBJECT: Minor Variance Application A2025-076 - 221 Sydney St. S. RECOMMENDATION: That Minor Variance Application A2025-076 for 221 Sydney Street South requesting relief from Section 6.3.1, Table 6-2, of Zoning By-law 2019-051 to permit a rear yard setback of 2 metres instead of the minimum required 7.5 metres to construct a small addition for a bathroom/laundry room to facilitate the addition of an Additional Dwelling Unit (ADU) (Attached) to a Single Detached Dwelling to convert to a Duplex, generally in accordance with drawings prepared by Southwood Homes, BE APPROVED, subject to the following condition: 1. The Owner submit payment in the amount of $300.00 for the GRCA Review fee for Minor Variance Application A2025-076. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application to facilitate the construction of an attached ADU to a Single Detached Dwelling. • The key finding of this report is that the requested variance meets the 4 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 6 of 268 BACKGROUND: The subject property is located on the south side of Sydney Street South between Courtland Avenue East and Bedford Road in the Mill Courtland Woodside Park Planning Community. The property currently contains a two-storey Single Detached Dwelling with an attached garage. Figure 1: Location Map The subject property is identified as `Protected Major Transit Station Area' on Map 2 — Urban Structure and is designated `Strategic Growth Area A' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Growth Zone (SGA -1)' in Zoning By-law 2019-051. The purpose of the application is to request relief to facilitate the construction of a small bathroom/laundry room to facilitate a proposed attached ADU to located in the existing garage. A minor variance is required to allow a rear yard setback of 2 metres where 7.5 metres is required. This application was adjourned from the August 19th Committee of Adjustment meeting. A site visit was completed by Staff on October 3rd, 2025. Page 7 of 268 Figure 2: Proposed Site Plan Figure 3: Street view of existing dwelling REPORT: Planning Comments: Figure 4: Proposed addition location 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 `Strategic Growth Area A' in the Official Plan. The intent of the Strategic Growth Area A land use designation is to accommodate Page 8 of 268 E%TERIOR SIDE LOT LOVE 1` EXIST. j PORCH yg.r ii 13341 EXISTING g z DETACHED�� x o DWELLING GARAGE LU a No. 221 CONVERTED TO II ` Lor ss� ATTACHED ADU ` I REG. PLAM 262 � I III a s a s a s •. ROR-1DE=OT LONE a s a s a s a s a s aaaaa Figure 2: Proposed Site Plan Figure 3: Street view of existing dwelling REPORT: Planning Comments: Figure 4: Proposed addition location 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 `Strategic Growth Area A' in the Official Plan. The intent of the Strategic Growth Area A land use designation is to accommodate Page 8 of 268 intensification within existing predominantly low-rise residential neighbourhoods, including a range of low and medium density residential housing types that are permitted in the Low Rise Residential and Medium Rise Residential land use designations. The requested variance to facilitate the construction of an ADU maintains a low-rise form of development and is compatible with the existing residential neighbourhood. Therefore, Planning Staff are of the opinion that the proposed variance maintains the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the minimum rear yard setback requirement is to ensure that structures are adequately setback from abutting properties and that sufficient amenity space is maintained in the rear yard. Although relief has been requested from the minimum rear yard setback of 7.5 metres, the current rear yard setback to the existing garage is 3.8 metres. The proposed addition will project approximately 1.8 metres from the existing attached garage into the rear yard. Due to the constrained lot size, the location of the addition is optimal to maintain an existing amenity area located in the southern portion of the rear yard. Staff no not anticipate any adverse impacts on neighbouring properties. Therefore, Planning Staff are of the opinion that the requested variance maintains the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposed bathroom/laundry room addition is small at only 68 metres square in size and will project 1.8 metres from the existing attached garage. Staff do not anticipate any significant or adverse impacts resulting from the new addition and proposed reduced rear yard setback. Therefore, Planning Staff are of the opinion that the effects of the requested variance are minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed bathroom/laundry room addition will facilitate the conversion of the attached garage into an ADU. This will serve as a form of gentle intensification within the community. Therefore, Planning Staff are of the opinion that the requested variance is desirable and appropriate for the use of the land. Environmental Planning Comments: No Natural Heritage features/functions. No trees, no Tree Management Policy compliance issues. GRCA might comment as the lot is in regulated allowance for floodplain. Heritage Planning Comments: No 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 and for the addition. Engineering Division Comments: No concerns. Page 9 of 268 Parks Planning Comments: There are existing City -owned street trees within the right-of-way on Bedford Road and Sydney Street. The tree in the ROW of Bedford Road is in close proximity to proposed extension. 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. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. Tree Protection and Enhancement Plans to Forestry's satisfaction will be required outlining complete protection of City assets prior to any demolition or building permits being issued. Transportation Planning Comments: Transportation Services have no concerns with this application. GRCA Comments: GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property is within the regulated allowance adjacent to the floodplain associated with Schneider Creek. A copy of GRCA's resource mapping is attached. Due to the presence of the above -noted features, most of the subject property is regulated by the GRCA under Ontario Regulation 41/24 — Prohibited Activities, Exemptions and Permits Regulation. Any future development or other alteration within the regulated area will require prior written approval from GRCA in the form of a permit pursuant to Ontario Regulation 41/24. It is understood that the proposed minor variance application requests a reduced year yard setback to facilitate the creation of an additional dwelling unit within the existing garage. The GRCA has no objection to the proposed minor variance application, but we note that additional information will be required as part of a complete permit application for the proposed renovations. Pre -consultation with GRCA staff is recommended to determine submission requirements for a complete GRCA permit application. Consistent with GRCA's approved fee schedule, this application is considered a `minor' variance, and the applicant will be invoiced in the amount of $300.00 for GRCA's review of this application. Region Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 10 of 268 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 11 of 268 August 1, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca GRCA File: A2025-076 — 221 Sydney Street South Marilyn Mills City of Kitchener 200 King Street West Kitchener, ON N2G 407 Dear Marilyn Mills, Re: Application for Minor Variance A 2025-076 221 Sydney Street South, City of Kitchener Rachel Thiessen via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor variance application requesting a reduced rear yard setback. Recommendation The GRCA has no objection to the proposed minor variance application. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property is within the regulated allowance adjacent to the floodplain associated with Schneider Creek. A copy of GRCA's resource mapping is attached. Due to the presence of the above -noted features, most of the subject property is regulated by the GRCA under Ontario Regulation 41/24 — Prohibited Activities, Exemptions and Permits Regulation. Any future development or other alteration within the regulated area will require prior written approval from GRCA in the form of a permit pursuant to Ontario Regulation 41/24. It is understood that the proposed minor variance application requests a reduced year yard setback to facilitate the creation of an additional dwelling unit within the existing garage. The GRCA has no objection to the proposed minor variance application but we note that additional information will be required as part of a complete permit application for the proposed renovations. Pre -consultation with GRCA staff is recommended to determine submission requirements for a complete GRCA permit application. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 12 of 268 Consistent with GRCA's approved fee schedule, this application is considered a `minor' minor variance and the applicant will be invoiced in the amount of $300.00 for GRCA's review of this application. Should you have any questions, please contact me at 519-621-2763 ext. 2228 or aherreman(a)grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Enclosed: GRCA Mapping Copy: Rachel Thiessen (via email) King Street Construction (via email) Page 13 of 268 O N 0 0 � rho 7Q C7 ¢ � m ?go p U) Q yL+ Im d � C 7 Z C7 - � d C7 � 'o so ow� LU c o n 6V/ > d _ ?. _ ool CN Q 4 a C3 v o 4 r�- v `f as v c 5 CC a a €a L a m c = T=_ +- L] v L7 CC r L� 0 0 w "� � � o i 0 -lo Q L- mx (7 Q a C7 O d n a w m as a a = a' .3 a a U z cu a+ ami ) W m m c W W W W Eava0v Lqy} w a m _ Ln STJ W W '� {F] O co Y Y Y Y O m 6 u O W 41 7 FF 0 W QS d5 �-' S J J J J W C? E° CN °vac a"v o � � o w Q a v [3 a , v LL fl7 Uo I m v 0 if 0 r g S 0.l Ql i Cr]' Ql a CN A 1.000 U7 m X k Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 15 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 16 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Brian Bateman Senior Planner, 519-783-8905 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD -2025-421 SUBJECT: Consent Application B2024-031 — 829 Stirling Avenue South RECOMMENDATION: That Consent Application B2024-031 for 829 Stirling Avenue South requesting Consent to sever a parcel of land having a lot width of 7.9 metres, a lot depth of 45.7 metres and a lot area of 362.3 square metres, BE APPROVED subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 17 of 268 5. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 7. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 8. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 9. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 10. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park land dedication of 11,862.00. REPORT HIGHLIGHTS: • This Consent Application was deferred at the November 19, 2024, Committee of Adjustment meeting pending the pouring of the foundation. • The purpose of this report is to bring back Consent Application B2024-031 to Committee for a decision as the dwelling is well under construction (see Figure 2). • The application is to sever a parcel of land to permit each half of a new semi-detached duplex dwelling to be dealt with independently. • 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. • This report supports the delivery of core services. The subject property is located near to the intersection of Stirling Avenue South and Avalon Street, and directly north of Highway 7/8. The neighbourhood is comprised of a mix of low and mid -rise residential uses. Page 18 of 268 89 5* ." 1'4 Figure 1: Location Map — 829 Stirling Avenue South 1V Pr 71 10 The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is to review a consent application to sever a parcel of land to permit each half of a new semi-detached duplex dwelling to be dealt with independently. The severed lot would have a lot width of 7.9 metres, a lot depth of 45.7 metres and an area of 362.3 square metres, while the retained lot would have a lot width of 7.9 metres, a lot depth of 45.7 metres and an area of 362.3 square metres. In this case, the whole of the semi-detached duplex dwelling will be constructed on an existing lot and each semi- detached duplex dwelling unit has been designed to be located on a separate lot. This application for Consent was `Deferred' from the November 19, 2024 Committee of Adjustment Meeting, to allow the foundation of the proposed semi-detached dwelling to be poured and surveyed to ensure that the common wall would be located on the shared property line. A Building Permit Application for the Semi -Detached Duplex Dwelling has been issued, and the dwelling is currently under construction. As the foundation has been poured as instructed by the Committee, the Applicant requested the Consent Application be brought back to the Committee for consideration of a Decision. Page 19 of 268 Figure 2: Existing building — 829 Stirling Avenue South It is noted that the foundation for the future building/dwelling has not yet been surveyed and a Reference Plan and Building Location Survey was not provided and submitted with the request for reconsideration of the Consent Application. Typically, best practices dictate that prior to the consideration of a Consent of a property proposed to contain an attached dwelling, the foundation is to be set and surveyed so as to accurately capture the new lot line as constructed. The Applicant is requesting that this application be considered on the October Agenda with confidence that the poured foundation will coincide with the proposed lot dimensions and setbacks, no maintenance easements are necessary and is proceeding with the application at this time `at their own risk'. Page 20 of 268 As the applicant has yet to submit the draft Reference Plan and Building Location Survey by the OLS, to this end staff have included a Condition (4) that speaks to this matter. "That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals." Should the common wall of the foundation not be located on the common lot line, or the setbacks of the building/dwelling do not meet zoning requirements, the Applicant will be required to rectify and/or submit Committee of Adjustment Applications to resolve the errors and/or deficiencies at their own expense. .f} W D Z W VT L J ry H V) Figure 3: Proposed Lot Fabric REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: I Provincial Provincial Planning (PPS 2024)(PPS 2024) The Provincial Planning Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 2.2.1 of the PPS promotes providing an appropriate range and mix of housing options and densities to meet projected needs of current and future residents, and sets out a policy framework for sustainable healthy, liveable, and safe communities. The PPS promotes all housing options required to meet the social, health, economic and well being requirements of current and future residents, and all types of residential intensification while promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities. It also supports the use of active transportation and requiring transit supportive development. Page 21 of 268 Planning staff is of the opinion that the proposed application will facilitate a form of gentle intensification of the subject property with the creation of two new lots for the new semi- detached duplex dwelling that are compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Therefore, Staff are of the opinion that this proposal is consistent with the PPS. Regional Official Plan (ROP): The Region of Waterloo is an upper -tier municipality without planning responsibilities. The More Homes Built Faster Act, 2022, amended the Planning Act by transferring planning responsibilities from upper -tier governments across the Province, including the Region of Waterloo to local municipalities. The Region is responsible for commenting on the infrastructure and service delivery that the Region of Waterloo delivers to the community, such as Public Health and Paramedic Services, Affordable Housing, source water protection, water and wastewater infrastructure, transit and transportation, waste management, and the Region of Waterloo International Airport. As a result, the Region no longer has a ROP as it is now an Official Plan for area municipalities who are responsible for implementation of the ROP until it is repealed through a future Area Municipal planning exercise. Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking - water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; Page 22 of 268 c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed lot width and lot area of the proposed severed and retained lots meets the minimum `RES -5' zone lot width and lot area requirements. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood which is developed with low rise residential uses with lot sizes that vary in width, depth, and area. The subject lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed Consent Application. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan. Zoning By-law 2019-051 The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The `RES -5' zones permit a range of low-rise residential dwelling types including single detached, semi-detached and multiple dwellings. The whole of the semi-detached duplex dwelling meets the `RES -5' zone requirements, and each half of the semi-detached duplex dwelling will comply as well. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement the Region of Waterloo Official Plan, City Official Plan and is good planning and in the public interest. Environmental Planning Comments: There are no natural heritage features/functions and there are no Environmental planning concerns. Page 23 of 268 Heritage Planning Comments: No heritage planning comments or concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense, and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. Parks/Operations Division Comments: Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,862.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 7.92 metres at a land value of $36,080.00 per frontage metre with a per unit cap of $11,862.00. If the lot is not severed parkland dedication calculations will be assessed at each building permit and reflect the number of approved units and overall lot area. Through the previous consideration of Consent Application (132024-031), $5,000 of Urban Forest Compensation has been paid for the removal of a City -owned tree (received November 26, 2024). Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: The applicant/owner proposes consent to sever to create a new lot. The consent will facilitate the redevelopment of the subject lands with construction of a duplex semi- detached dwelling on each lot (existing structures to be demolished). Minor variance is not Page 24 of 268 needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Note the application was deferred by the Committee of Adjustment on November 19, 2024, to allow for the applicant to install the property foundation prior to the severance. Lot configuration is as follows: Retained and Severed -- 362.31sgm, 7.92m frontage Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees (Advisory) Regional staff are in receipt of the required consent review fee of $350, received November 15, 2024. Regional staff have no objection to this application. GRCA Comments: Grand River Conservation Authority (GRCA) staff have reviewed the Consent Application. GRCA has no objection to the approval of this 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, a permission from GRCA is not required. 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 - Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within Page 25 of 268 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 Page 26 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2024 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: November 6, 2024 REPORT NO.: DSD -2024-482 SUBJECT: Consent Application B2024-031 — 829 Stirling Avenue South RECOMMENDATION: That Consent Application B2024-031 for 829 Stirling Avenue South requesting consent to sever a parcel of land having a lot width of 7.9 metres, a lot depth of 45.7 metres and a lot area of 362.3 square metres, BE APPROVED subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 27 of 268 6. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 7. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 8. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 9. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of 11,862.00. 10. That the Owner make arrangements regarding financial compensation of $5,000 for the removal of the City -owned street tree, to the satisfaction of the City's Director, Parks and Cemeteries. 11. That the Owner obtains Demolition Control Approval, in accordance with the City's Demolition Control By-law, to the satisfaction of the City's Director, Development and Housing Approvals. 12. That the Owner obtains a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. REPORT HIGHLIGHTS: • The purpose of this report is to review a consent application to sever a parcel of land to permit each half of a new semi-detached duplex dwelling to be dealt with independently. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located within close proximity to the intersection of Stirling Avenue South and Avalon Street, and directly north of Highway 7/8. The neighbourhood is comprised of a mix of low and mid -rise residential uses. Page 28 of 268 83q 840 Z Figure 1: Location Map — 829 Stirling Avenue South Figure 2: Existing building — 829 Stirling Avenue South The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. Page 29 of 268 The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is to review a consent application to sever a parcel of land to permit each half of a new semi-detached duplex dwelling to be dealt with independently. The severed lot would have a lot width of 7.9 metres, a lot depth of 45.7 metres and an area of 362.3 square metres, while the retained lot would have a lot width of 7.9 metres, a lot depth of 45.7 metres and an area of 362.3 square metres. In this case, the whole of the semi-detached duplex dwelling will be constructed on an existing lot and each semi- detached duplex dwelling unit has been designed to be located on a separate lot. Furthermore, the applicant has already applied for a building permit, demolition permit, and has obtained demolition control and a zoning occupancy certificate for the proposed new residential dwellings. Staff are in a position to support the application moving forward. D 0�n VI W Z W 7 0 Z J Ec- 45.72 - Figure 3: Proposed Lot Fabric e r--- l D a x-------- Z------------i,-------------- w ® �. : A� Z 4 P x x "< Figure 4: Building Drawings— Proposed Semi Detached Dupley Page 30 of 268 3CCie ROOK UIS OF DOM V a Too 91 rK ROOM U/M DF DOM k E E/ - 33&37 TOP DF fFL FUROR FrC164 _ u}S OF OEWIC I b TOP OF FM FLCDR T FLO" _ NLI.WHIJW I L1t,�ll N. SOFTTF 1M 35 1W kEPWL" S-FkW_5 "PCA) 11111: 111 : 111 111 1 F 11�1I I ' �I tI •Is _ . Figure 5: Proposed Front Elevations — Semi-detached duplex dwelling REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) The Provincial Planning Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 2.2.1 of the PPS promotes providing an appropriate range and mix of housing options and densities to meet projected needs of current and future residents, and sets out a policy framework for sustainable healthy, liveable, and safe communities. The PPS promotes all housing options required to meet the social, health, economic and well being requirements of current and future residents, and all types of residential intensification while promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities. It also supports the use of active transportation and requiring transit supportive development. Planning staff is of the opinion that the proposed application will facilitate a form of gentle intensification of the subject property with the creation of two new lots for the new semi- detached duplex dwelling that are compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Therefore, Staff are of the opinion that this proposal is consistent with the PPS. Page 31 of 268 Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking - water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed lot width and lot area of the proposed severed and retained lots meets the minimum `RES -5' zone lot width and lot area requirements. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the Page 32 of 268 lands and compatible with the surrounding neighbourhood which is developed with low rise residential uses with lot sizes that vary in width, depth, and area. The subject lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan. Zoning By-law 2019-051 The property is zoned 'Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The 'RES -5' zones permit a range of low-rise residential dwelling types including single detached, semi-detached and multiple dwellings. The whole of the semi-detached duplex dwelling meets the 'RES -5' zone requirements and each half of the semi-detached duplex dwelling will comply as well. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: No natural heritage features/functions, therefore no Environmental planning concerns. Heritage Planning Comments: No heritage planning comments or concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to niall.melanson(a-)kitchener.ca. Page 33 of 268 • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. Parks/Operations Division Comments: Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,862.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 7.92 metres at a land value of $36,080.00 per frontage metre with a per unit cap of $11,862.00. If the lot is not severed parkland dedication calculations will be assessed at each building permit and reflect the number of approved units and overall lot area. There is an existing City -owned street tree along the Stirling Ave S frontage and Forestry staff have agreed that the tree may be removed. $5,000.00 in Urban Forest Compensation is required for the removal of this tree prior to final approval of the Consent or issuance of the Building Permits. The owner has been advised of these fees and requirement. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: No regional comments or 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property Page 34 of 268 advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 Page 35 of 268 N* Region of Waterloo Connie Owen Administrative Clerk, Legislative Services Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Dear Ms. Owen: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali, MCIP, RPP File: D20-20/25 CAM October 6, 2025 Re: Comments on Consent Applications — B 2024-031, and B2025-026 through B2025-031 (inclusive) Committee of Adjustment Meeting - October 21, 2025 City of Kitchener Page 1 of 7 Page 36 of 268 File: B2024-031 Address: 829 Stirling Ave S Description: PLAN 785 PT LOT 3 Owner/Applicant: KK Holding Inc c/o Venkata Teja Reddy Thamma The applicant/owner proposes consent to sever to create a new lot. The consent will facilitate the redevelopment of the subject lands with construction of a duplex semi- detached dwelling on each lot (existing structures to be demolished). Minor variance is not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Note the application was deferred by the Committee of Adjustment on November 19, 2024, to allow for the applicant to install the property foundation prior to the severance. Lot configuration is as follows: Retained and Severed -- 362.31 sqm, 7.92m frontage Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees (Advisory) Regional staff are in receipt of the required consent review fee of $350, received November 15, 2024. Regional staff have no objection to this application. Page 2 of 7 Page 37 of 268 File: B2025-026 Address: 96/98 Third Ave Description: PLAN 254 PT BLK B Owner: Dario Bakic, Jovana Bakic, Katarina Bakic Applicant: Bobicon Ltd c/o Boban Jakanovic The owner/applicant is proposing consent to sever to create a new residential lot. Redevelopment is proposed (under construction) for a semi-detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 dwelling units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Severed — 320.67sgm with 8.055m frontage Retained — 320.91 sqm with 8.056m frontage Airport Zoning Regulations (Advisory) The property is located in an area subject to Airport Zoning Regulations. Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane, the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 3 of 7 Page 38 of 268 File: 132025-027-62025-030 (inclusive) Address: 60/62, 64/66 Gage Ave Description: PLAN 402 PT LOT 20 RP 58R12573 PT 1 Owner/Applicant: Jon Crummer; jon@homeridgedesign.com The owner/applicant is proposing consent to sever to create four conveyable parcels and associated easements/right of way. Redevelopment is proposed for a semi- detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Plan 402, Part 2 - Unit 66 (retained) – 343.3sgm with irregular frontage (11.32+11.38+17.08m) - Unit 64 (severed) – 211.9sgm with irregular frontage (5.19+4.62m) Plan 402, Part 3 - Unit 62 (retained) – 211.6sgm with 7.62m frontage - Unit 60 (severed) – 214.4sgm with 7.62m frontage Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 1 00f in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 4 of 7 Page 39 of 268 File: B2025-031 Address: 509 Park St & 54 Mt. Hope St (and portion of 82 York St), Description: PLAN 438 PT LOT 14 PT LOT 15 PT LOT 17 RP 58R838 PT LOT 1 PT LOT 2 PT LOT 9 Owner: Woodhouse Investments c/o Joe Woodhouse Applicant: Up Consulting Ltd c/o David Galbraith; david@upconsulting.ca The owner/applicant is proposing consent to sever for lot addition, to convey part of parcel (509 Park St) to 54 Mt Hope St. The lands are also subject to a conditionally approved consent (B 2024-015), conveying a portion of 82 York St to 509 Park St. to facilitate a proposed development that is currently undergoing site plan approval (SPF25/052/P and SPF25/053/P). The consent will facilitate the proposed residential redevelopment of the conveyed parts or parcel while accommodating existing use on retained lands. The Retained lot will accommodate the existing healthcare building fronting Park St (including access drive, parking, common amenity area). The severed lot (54 Mt Hope St) along with conveyed part of parcel (82 York St - subject to B 2024-015) will accommodate a proposal for 12 -unit stacked townhouses accessed from Mt. Hope St (including access drive). The applicant is proposing to establish reciprocal easement rights (blanket easement) and a development agreement to provide for the coordinated and long-term functioning of the subject lands. Noting that, Part 2 and Part 9 on R -Plan 58R-838, are subject to existing easement as in instrument No. 1518268 pertaining to access/servicing for neighboring property. Minor variances are needed to facilitate the consent in relation to the lot accommodating the residential development. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary, designated Built -Up Area and MTSA (Grand River Hospital Station) in the Regional Official Plan (ROP). Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 100ft in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are one high threat identified on subject property and no medium/high threats identified adjacent to property. Page 5 of 7 Page 40 of 268 Threat ID: 32176 Company: ONTARIO ADDICTION TREATMENT CENTRES Threat Rank: High NAICS: Offices of Physician (622110) Source Table: Waste Generating Companies Record Last Updated: Sep 6, 2013 5:03 AM Hydrogeology & Source Water Protection Plan The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice which will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. 2. That the applicant submit the Notice of Source Protection Plan Compliance (S. 59 Notice) to the satisfaction of the Region of Waterloo. Page 6 of 7 Page 41 of 268 General Comments Any future development on the lands subject to the above -noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above - noted Regional condition clearances. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Thank you, Erica Ali, MCIP, RPP Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Page 7 of 7 Page 42 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 43 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 44 of 268 From: AMIN Pranav To: ee of MVii�nme"�(cM) Subject: IG[chener-829Sbl A--South-B2029-031 Date: Wednesday, No emb—, 2029 9:53:33 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-031 dated October 251h, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our oreliminary review considers issues affectine Hydro One's' High Voltage Facilities and Corridor Lands' only. For proposals affecti ng'Low Voltage Distri bution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please followthe following link: Please select" Search" and locate address in question by entering the address or by zooming in and out of the map ? q hyd r©�' MENU HELP SEARC4 one Customers Affected:�0---55jf000 0 501-5000 0 51-500 0 21-50 0 a=20 0 Multiple 0 Crew — Service Area ❑Q Sia V Ottaw . Montreal 0 11 v Huntsville 417 ql 400 11 6 4 C fN,f � a -0lfi Q OlallKawartha Bs Lakes aOP. � t5 Burlir 4 _ Petar6�r0ugh � P Kin Bella�vllle • o 'rs Dr.,.,.,.s.,...... 0 r , tramp CK,,.h. watep own G© 9Le , a Rochester o3 Mao data02 419 G000le 50 km � Terms of Use Reoart a mat error If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or a -mail CustomerCommunications(cbHvdroOne.com to be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thankyou, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis. DeRa ngoPHvd roOne.com Page 45 of 268 From: To: Subject: Date: Hello, LANDUSEPLANNING Committee of Adjustment (SM) Kitchener - 829 Stirling Ave S - B 2024-031 Wednesday, October 15, 2025 7:11:02 PM We are in receipt of your Application for Consent, B 2024-031 dated 2025-09-26. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time_ Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stonncentre (hydroone.com) Please select "Search" and locate the address in question by entering the address or by zooming in and out of the snap ? a MENU HELP SEARCH I hyd tune Customers Affected:0 15000 501-5000 0 51-500 0 21-50 V e=20 0 Multiple ® Crew —Service Area u sir QOttaw Montreal �� V. ® r Hunt:5veli2 417 417 40Q 17 � o 5 C, rd� � O 4ifi A 0Orlin Kawarha aoa � Lakes vis ° & P2t2rh ,Ugi 0 Kin 9ell�ville � s 115 nflCeo dWaf Watertown '4° ' a 5 Lzranlpltano Toronto o o Kitchei r � ar,o o o Mississauga a , Hamilton Rochester 4031 Mao data 92019 GDcale 50 km 6____J Terms of Use If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunicationsgHydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thank you, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanninggHydroOne_com Burlir Page 46 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician 519-783-8944 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD -2025-426 SUBJECT: Minor Variance Application A2025-101 - 199 Breithaupt Street RECOMMENDATION: That Minor Variance Application A2025-101 for 199 Breithaupt Street requesting Permission under section 45(2)(a)(ii) of the Planning Act to convert a Legal Non - Conforming Single Detached Dwelling to a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached) (Duplex), generally in accordance with drawings attached Minor Variance Application A2025-101, BE APPROVED, subject to the following conditions: That the Owner install a `Physical Barrier', to the satisfaction of the Manager, Development Approvals, in the area between the front porch and the front property line to ensure that vehicles will not park in this area. 2. That the Owner shall complete the work, identified in Condition No. 1 above, by June 30, 2026. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. 3. That the Owner obtain and register an environmental easement for operational noise and vibration emissions in favour of Metrolinx at the sole discretion and to the satisfaction of Metrolinx. 4. That the Owner enter into an agreement with Metrolinx, at the sole discretion and to the satisfaction of Metrolinx, to include the following warning clause in all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 47 of 268 "Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of- way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units." REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application to facilitate the conversion of a Legal Non -Conforming Single Detached Dwelling to a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached) (Duplex). • The key finding of this report is that the requested application is in the public interest and there are no adverse or unacceptable impacts. • 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of Breithaupt Street between Ahrens Street West and Margaret Avenue. The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `General Industrial Employment on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Neighbourhood Industrial Employment Zone (EMP -1)' in Zoning By-law 2019-051. The purpose of the application is to facilitate the conversion of a Legal Non -Conforming Single Detached Dwelling to a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached)(Duplex). The property was originally developed with a Single Detached Dwelling in the 1920's and was residentially zoned at that time. The zoning changed to `General Industrial Zone (M- 2)' in Zoning By-law 4830 in 1962. The use of one dwelling has continued in the structure, along with various industrial uses, since that time. There is currently no industrial use on the property and the owner wishes to legally convert the main floor to a second dwelling unit. Page 48 of 268 Image 1: Aerial photo REPORT: Planning Comments: Case law sets out the tests to be applied by the Committee of Adjustment in considering applications under Section 45(2)(a)(ii). It should be noted that the tests to be applied are not the four-part test for minor variances under Section 45(1) but rather whether the approval of the application: 1. Is in the public interest; and 2. Creates unacceptable or adverse impact upon abutting properties. Is Approval in the Public Interest? As noted previously, the original use on subject property was a Single Detached Dwelling. Over the years, the zoning of the area changed to industrial zoning and some industrial uses occupied a portion of the building (office, craftsman shop or warehousing, at different times). From City records, it appears that a dwelling unit was always existing in the building. On this portion of Breithaupt Street there are still many buildings used for legal non -conforming residential purposes. Historically, it appears that a second dwelling unit has been in the building for time to time without permission. This application is to legalize the use and ensure that Building and Fire Code regulations are met for the occupants. A Building Permit has been submitted for the second unit but is on hold waiting for this decision. Legalizing the second dwelling unit is considered to be in the public interest as it will support a gentle intensification and the City's Housing Pledge in a built form conducive to dwelling units. Any Adverse or Unacceptable Impacts? Though the use of the property as a duplex appears to have existed for some time (on and off) over the years, without permission, it has not received any complaints to the City. The residential use is in keeping with and compatible with the existing residential use of the building and the other `legal non -conforming' residential uses on the street. Page 49 of 268 Image 2: View from street 113RFITHAUPT m N65°45'E rr I -OV -yw i _ �PAI�'x5,5 fbu t&&k �c loor �54csrcte— LkE'_ok 4 D 11 _I t?nl ,LOT STREET k4 t l 1 1 Image 3: Plan drawing -J, Seo dwc lWA5 228 Fxi,57r4116 Page 50 of 268 Any Adverse or Unacceptable Impacts? Though the use of the property as a 'Duplex' appears to have existed for some time (on and off) over the years, without permission, it has not received any complaints to the City. The residential use is in keeping with other legal non -conforming residential uses on the street. Staff do note that the front yard has been converted to a hard surface and has been used for parking spaces. As shown on the survey/plan (Image 3) the setback of the front porch to the property line is 2.4 metres (7.76 feet) whereas a parking space depth minimum is 5.5 metres. Therefore, vehicles parked in front of the house would encroach onto City lands. Also, the City does not permit parking entirely across a front lot line for any use or purpose. Therefore, no parking is permitted between the porch and the front lot line and permission for this cannot be supported by staff. A condition to ensure that the area is physically blocked from vehicles parking in the area has been placed in the Recommendation section above. Environmental Planning Comments: No natural heritage features/functions and given the nature of application it implies no change to the building footprint. No concerns. Heritage Planning Comments: The subject property municipally addressed as 199 Breithaupt Street located within the Warehouse District 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. This proposed application is not anticipated to have adverse negative impacts to the CHL's attributes. Thus, staff have no 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. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: No concerns. Page 51 of 268 Metrolinx: The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries Kitchener GO Train service. GO/HEAVY-RAIL — CONDITIONS OF APPROVAL As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact ienna.auger(a-)-metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. GO/HEAVY-RAIL —ADVISORY COMMENTS • Noting that there is no proposed construction for this variance, should any future construction occur over the subject lands, the applicant is advised to contact Metrolinx, as agreements may be required. 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. Page 52 of 268 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 53 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 54 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 55 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 56 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 57 of 268 :Dt= METROLINX BY EMAIL ONLY TO: Kitchener -Committee of Adjustments 200 King Street West, 6th Floor, P.O. Box 1118, Kitchener ON N2G 4G7 CC: cofa@kitchener.ca DATE: September 29th, 2025 RE: Adjacent Development Review: A2025-101 199 Breithaupt Street, Toronto, ON Minor Variance Metrolinx is in receipt of the Minor Variance application for 199 Breithaupt Street, to legalize an existing second unit on site, as circulated on September 261h, 2025, and to be heard at Public Hearing on October 21st, 2025. Metrolinx's comments on the subject application are noted below: • The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries Kitchener GO Train service. GO/HEAVY-RAIL - CONDITIONS OF APPROVAL As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact ienna.auger@metrolinx.com with questions and to initiate the registration process. (It should be noted thatthe registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, thatthe following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: • Warning: The Applicant is advised thatthe subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or othertransit facilities on such right- of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. GO/HEAVY-RAIL - ADVISORY COMMENTS • Noting that there is no proposed construction for this variance, should any future construction occur over the subject lands, the applicant is advised to contact Metrolinx, as agreements may be required. Should you have any questions or concerns, please contact men na.auger@metrolinx.com. Best Regards, Jenna Auger Project Analyst, Adjacent Construction Review (ACR) 20 Bay Street I Toronto I Ontario I M5J 2W3 T: (416)-881-0579 Page 58 of 268 Adjacent Development Review: A2025-101 199 Breithaupt Street, Toronto, ON Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section ofthe Transfer Easementto which this Schedule is attached (the "Easement Lands"). IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night (provided that doing so is not contrary to law applicable to Metrolinx) with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations. THIS Easement and all rights and obligations arising from the above easement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of a party hereto, if such party comprises more than one person, shall be joint and several. Easement in gross. :X: METROLINX 2 Page 59 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 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 2 DATE OF REPORT: October 1, 2025 REPORT NO.: DSD -2025-414 SUBJECT: Minor Variance Application A2025-102 — 282 Tremaine Cres. RECOMMENDATION: That Minor Variance Application A2025-102 for 282 Tremaine Crescent requesting relief from Section 4.14.4 b) iii) b) of Zoning By-law 2019-051, to permit an interior side yard setback of 0.6 metres as recommended by Planning Staff, rather than the 0.4 metres as requested by the applicant, instead of the minimum required 1.2 metres to facilitate the construction of a rear yard covered deck onto the existing detached dwelling, generally in accordance with drawings prepared by Country Lane Builders, dated August 27, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application requesting a reduced interior side yard setback of 0.4 metres instead of the required 1.2 metres to facilitate the construction of a rear yard covered deck onto the existing detached dwelling. • The key finding of this report is that a minor variance of 0.6 metres 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 60 of 268 BACKGROUND: The subject property is located on the east side of Tremaine Crescent in the Grand River South neighbourhood, which is predominantly comprised of low rise detached dwellings. Figure 1: Aerial Photo of the Subject Property The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Three Zone (RES -3)' in Zoning By-law 2019- 051. The purpose of this report is to review a request for relief from Section 4.14.4 b) iii) b) to permit an interior side yard setback of 0.4 metres instead of the minimum required 1.2 metre setback as per Zoning By-law 2019-051. Planning Staff are recommending a 0.6 metre setback, rather than the 0.4 metres requested by the applicant, to accommodate the setback regulation for architectural features found in Section 4.14.1, as eavestroughs may be required for the proposed structure to facilitate stormwater management. The 0.6 metre revision is suggested as a precaution as eavestroughs for the structure are not identified in the applicant's drawings, avoiding the need for a further minor variance application, if eavestroughs are provided. Approval of a variance of 0.6 metres will allow for the development of a rear yard covered deck and eavestroughs. Page 61 of 268 T' -- 1.zmslocrAAd s�?encx--_ —�-- ---,11 1, eauroseo � cov�xse oecx 1p 7- F XI5T1Ar { POOL 5Cn t 1 E A50.M^ SITE PLAN +S ALE 1:159 Figure 2: Site Plan of the Subject Property showing the location of the proposed covered deck. l i exlUN f car:eferr: t°nno ' FLOOR FLAN S4'ALF! 1:3P Figure 3: Detailed Plan showing the location of the proposed covered deck. Page 62 of 268 i i HOUSE 109-81 ,M i 3.07 Sp M e SITE PLAN +S ALE 1:159 Figure 2: Site Plan of the Subject Property showing the location of the proposed covered deck. l i exlUN f car:eferr: t°nno ' FLOOR FLAN S4'ALF! 1:3P Figure 3: Detailed Plan showing the location of the proposed covered deck. Page 62 of 268 R F: MR 1'.I. F'.V4TI0% I Figure 4: Elevations of the proposed covered deck. Figure 5: Site Photo of 282 Tremaine Crescent. Page 63 of 268 Figure 6: Left interior side yard where the proposed covered deck will situate. Figure 7: Right interior side yard, not subject to the requested variance. Page 64 of 268 Figure 8: Location of the proposed covered deck in the rear yard. Figure 9: Existing eavestrough location terminating underground to a French drain located in the left interior side yard. Page 65 of 268 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential' on Map 3 — 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. The use of the property for a detached dwelling is permitted and a rear yard covered deck is a natural extension of the living space. Planning Staff is of the opinion that the proposed minor variance to facilitate a rear yard covered deck meets the general intent of the Official Plan. General Intent of the Zonina By-law The purpose of the minimum interior side yard setback is to ensure that an adequate distance is maintained between buildings or additions and the interior side property line to provide access to the rear yard, to provide privacy to abutting neighbours, to accommodate for fire separation, and to accommodate an appropriate amount of amenity space for the residents of the dwelling. Zoning By-law 2019-051 permits architectural features, i.e. eavestroughs, to project into any required yard to a maximum of 0.6 metres. With a 0.4 metre setback, there is the potential for eavestroughs to encroach onto the neighbouring property. A setback of 0.6 metres for a rear covered deck will maintain the intent of this section of the Zoning By-law. 4.14 PERMITTED PROJECTIONS INTO REQUIRED YARDS 4.14.1 Architectural Features Architectural features may project into any required yard to a maximum of 0.6 metres. Planning Staff is of the opinion that the proposed 0.6 metre setback of the proposed covered deck meets the intent of the interior side yard setback regulation as: • There is still an adequate amount of space provided along both interior side yards, with the right interior side yard, not subject to the requested variance, providing the primary access to the rear yard. • The 0.6 metre setback for the covered deck is not anticipated to cause privacy concerns as there is a proposed 8 -foot privacy screen in between the structural posts of the covered deck on the side closest to the abutting the neighbouring property. • The requested 0.6 metres aligns with the setback regulation for a detached accessory structure. Although this covered deck is attached and is required to follow the setback regulations of the principal dwelling, the function, scale, and construction characteristics are comparable to those of a detached accessory structure. Additionally, the covered deck is unenclosed, non -habitable, and does not Page 66 of 268 compromise access for emergency services. Therefore, implications of fire separation are minimal and not anticipated to be of concern to adjacent properties. • The covered deck will provide another type of passive outdoor amenity space. Accordingly, the reduced setback for the covered deck will maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Planning Staff are of the opinion that the requested variance of 0.6 metres to permit a rear covered deck is minor as there is limited impact to adjacent properties, the access through the right interior side yard maintains functional access and the requested variance still provides adequate use of the left interior side yard, the requested variance is comparable with the detached accessory structure setback requirements and the proposed structure follows a similar built form, and there are no further impacts to drainage, grading, or landscaping for the proposed structure. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance requested is desirable and appropriate for the use of the land as it will facilitate the construction of a functional and attractive outdoor amenity space for the residents of the dwelling. The covered deck will enhance the useable amenity space for the rear yard by providing a sheltered area for passive recreation and social gathering. Additionally, the structure will serve a practical purpose by providing a visual buffer for the storage of the pool equipment that current exists in the proposed location, thereby improving the overall aesthetics of the property and minimizing the visual impact on adjacent neighbouring properties. Environmental Planning Comments: No natural heritage features/functions, no tree management policy compliance issues. Heritage Planning Comments: No Heritage comments or concerns Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the covered deck is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Tremaine Cres. The tree could be impacted by proposed construction activities. 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. Tree Protection and Enhancement Plans to Forestry's satisfaction will be required outlining complete protection of City assets prior to any demolition or building permits being issued. Page 67 of 268 Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Area (GRCA) Comments: GRCA has no objection to the approval of the above 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. 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 68 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 69 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 70 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 71 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 72 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Jade McGowan, Student Planner, 519-707-4759 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD -2025-423 SUBJECT: Minor Variance Application A2025-103 —129 St. George Street RECOMMENDATION: That Minor Variance Application A2025-103 for 129 St. George Street requesting relief from the following Sections of Zoning By-law 2019-051: i) Section 4.14.4 b) ii) to permit a deck, greater than 0.6 metres in height, to be located 3.7 metres from the rear lot line instead of the minimum required 4 metres; and ii) Section 6.3.1 b), Table 6-2, to permit a rear yard setback of 7 metres instead of the minimum required 7.5 metres for a detached dwelling; to recognize the location of an existing detached dwelling and attached deck from the rear lot line, in accordance with drawings prepared by Grit Surveying, dated February 20, 2025, BE APPROVED, subject to the following conditions: 1. That the Owner shall provide confirmation and/or modify the existing driveway, to provide a driveway and a distinguishable unobstructed walkway, in accordance with the regulations of Zoning By-law 2019-051. 2. That the Owner shall complete the work, identified in Condition No. 1 above, by June 30, 2026. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of an application for Minor Variance to legalize the rear yard setbacks of an existing detached dwelling and rear deck. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 73 of 268 The key finding of this report is that the 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of St. George Street, between Peter Street and Cedar Street South, in the Cedar Hill Planning Community. Figure 1: Location Map (subject property outlined in Red) The subject property is identified as `Protected Major Transit Station Area' on Map 2 — Urban Structure and is designated `Strategic Growth Area A' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Growth Zone (SGA -1)' in Zoning By-law 2019-051. The purpose of the application is to recognize the deficient rear yard setbacks for an existing single detached dwelling and rear deck, which were caught after the construction of the dwelling. The subject property was severed from 131 St. George Street in 2023 and a building permit was issued for the single detached dwelling in 2024 under Zoning By-law Page 74 of 268 85-1. After the dwelling was constructed, a survey error was flagged, and the property was found to have the incorrect rear yard setbacks. Relief is required to legalize the existing rear yard which complied with the Zoning By-law based on the incorrect survey measurements. At the time of writing this report, there is also an open building permit to add an Additional Dwelling Unit (ADU) in the basement and convert the Single Detached Dwelling into a Duplex. A site visit was completed by Planning Staff on October 3rd, 2025. During the site visit it was noted that the driveway/walkway noted on the site plan, reviewed as part of the Building Permit for the proposed Duplex, may not be implemented. Planning staff are recommending that confirmation of driveway/walkway compliance or any necessary modifications be conditions of this Minor Variance Application. NOTE: DRIVEWAY WIDTHS AND LOCATION TO BE IN IT IS THE RESPONSIBILITY OF THE OWNER AND CONTRACTOR CONFORMANCE WITH THE BY-LAW. ADDITIONAL TO DETERMINE THE LIMITS OF THE PROPERTY AND THE APPROVALS ARE REQUIRED FOR CURB CUTTING AND EXISTENCE OF ANY EASEMENTS OR REGISTERED DRIVEWAY WIDENING. CONTACT PLANNING RESTRICTIONS AND ENSURE THAT ALL SETBACKS ARE MET. DIVISION FOR FURTHER INFORMATION. I 111 I ST. GEORGE STREET jl -��--•-ilea .wo-- -----___-.s------1 least 1.2m from stile lot 77 y7 WALKWAY WITH ZAM OVEkREA CLEARANCE AND COMPLETELY UNOBSTRUCTED ti IMF— [E.G. NO WINDOW WELLS OP�s UTILITY/GAS METERS) FROM ��, STREET/SIDEWALK TO PRINCIPAL �_ ENTRANCE. - - . � MAtRWA7Jliel7l RIAL° U9P BEA -^-{ If HARD SURFACE SUCH AS ASPHALT OR CONCRETE AND b. I MUST BE A DIFFERENT MATERIAL/DESIGN FROM aunuas DRIVEWAY.��`�."` IN City of Kltch*ner Bulldlny DIvislon Drawings R"amecl 4y; A pC' Kfrtl[ it Figure 2: Site Plan for Building Permit 9 RAAWS OERT€i:ATL CII y :i I ;II [[Mntr PI-" Divlilon AGNUMI APPROVED c101I I4J"11 417�1T-.li. Cww.e.n. NcCrlun 07,20,2021 IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE THAT ALL CONSTRUCTION CONFORMS TO THE REQUIREMENTS OF THE ONTARIO BUILDING COD€, NOTATIONS MADE ON THEE£ DRAWINGS ARE FOR YOUR INFORMATION AND ASSISTANCE ONLY ANO DO ki NECESSARILY COMM ENT ON ALL AREAS OF CONSTRUCTION. THE ONTARIO BUILDING CODE REQUIRES THAT COPY OFTHE DRAWINGS AND SPECIFICATIONS THAT HAVE BEEN REVIEWED BY OUR DEPARTMENT BE KEPT AT THE CONSTRUCTION SITE AT ALL TIMES. Page 75 of 268 TART � SUR�tYOR'S REAL PROPERTY REPORT PLAN OF SURVEY Im LOT IB © REGISTERED PLAN 390 y 1 OTY Or "TCHEWR Wn REGIONAL RUHKSPAUTY OF WATERLOO 1 rprt 191urKr p�r]rA,,nw�riraas nia IN City of Kltch*ner Bulldlny DIvislon Drawings R"amecl 4y; A pC' Kfrtl[ it Figure 2: Site Plan for Building Permit 9 RAAWS OERT€i:ATL CII y :i I ;II [[Mntr PI-" Divlilon AGNUMI APPROVED c101I I4J"11 417�1T-.li. Cww.e.n. NcCrlun 07,20,2021 IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE THAT ALL CONSTRUCTION CONFORMS TO THE REQUIREMENTS OF THE ONTARIO BUILDING COD€, NOTATIONS MADE ON THEE£ DRAWINGS ARE FOR YOUR INFORMATION AND ASSISTANCE ONLY ANO DO ki NECESSARILY COMM ENT ON ALL AREAS OF CONSTRUCTION. THE ONTARIO BUILDING CODE REQUIRES THAT COPY OFTHE DRAWINGS AND SPECIFICATIONS THAT HAVE BEEN REVIEWED BY OUR DEPARTMENT BE KEPT AT THE CONSTRUCTION SITE AT ALL TIMES. Page 75 of 268 A ypM1�'3y�' a L� +� I wan�mv �mm� y� aa+ 9 A � I PJA. 2a -Oa fi Rn Vr a a axaa m, Figure 3: Site Plan Figure 5: Existing rear yard deck FF ■ Figure 4: Street view of subject property Figure 6: Southwest view of abutting property Page 76 of 268 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Strategic Growth Area A' in the Official Plan. The intent of the Strategic Growth Area A land use designation is to accommodate intensification within existing predominantly low-rise residential neighbourhoods, including a range of low and medium density residential housing types that are permitted in the Low Rise Residential and Medium Rise Residential land use designations. The requested variance to legalize the existing dwelling maintains a low-rise form of development and is compatible with the existing residential neighbourhood. Therefore, Planning Staff are of the opinion that the proposed variance maintains the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the rear yard setback regulation for a deck that exceeds 0.6 metres in height is to ensure adequate sight lines, minimize negative visual impacts of structures, and preserve the privacy of neighbouring properties. Due to the sharp downward slope of the rear yard toward the rear lot line, the deck must exceed 0.6 metres to align with the existing grade of the main floor of the dwelling and accommodate the walk out basement ADU below. Despite the proposed deck height of 3.2 metres, the abutting properties to the southwest are well treed and the deck is setback further from the abutting properties to the east, minimizing overlook. The intent of the minimum rear yard setback requirement is to ensure that structures are adequately setback from abutting properties and that sufficient amenity space is maintained in the rear yard. The minimum rear yard setback in an SGA -1 zone is 7.5 metres, however the existing rear yard is 7 metres. When the building permit for the dwelling was originally issued, an old survey registered on title was used. The setbacks were measured by a surveyor after construction and found to be deficient. The rear yard setback to the southeastern portion of the dwelling maintains more than the minimum 7.5 metres, however relief is required to legalize the current 7 metre rear yard setback to the southwestern corner of the dwelling. Staff are of the opinion that sufficient amenity area is maintained and that the requested rear yard setback variances will not have adverse impacts on the neighbouring properties. Therefore, Planning Staff are of the opinion that the requested relief maintains the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposed reduced rear yard setbacks of the deck and the dwelling are not anticipated to have any significant or adverse impacts on the neighbouring properties. The variance will legalize the existing conditions on the property. Therefore, Planning Staff are of the opinion that the effects of the requested variance are minor in nature. Page 77 of 268 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The deck provides a functional outdoor amenity space that will serve the upstairs unit. The existing dwelling maintains a low rise form of development that is compatible with the surrounding neighbourhood. Therefore, Planning Staff are of the opinion that the requested variance is desirable and appropriate for the development of the lands. Environmental Planning Comments: No natural heritage features/functions. It appears no trees will be affected. No concerns. Heritage Planning Comments: The subject property municipally addressed as 129 St. George Street located within the Cedar Hill 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. This proposed application to recognize the existing deck and detached dwelling is not anticipated to have adverse negative impacts to the CHL's attributes. Thus, staff have no 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 deck. Engineering Division Comments: No concerns. Parks Planning Comments: No concerns, no requirements. Transportation Planning Comments: Transportation Services have no concerns with this application. 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. Page 78 of 268 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2023-099, 82023-011 Page 79 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 80 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 81 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 82 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 83 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician, 519-783-8944 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: October 6, 2025 REPORT NO.: DSD -2025-425 SUBJECT: Minor Variance Application A2025-104 — 23 Donnenwerth Dr. RECOMMENDATION: That Minor Variance Application A2025-104 for 23 Donnenwerth Drive requesting relief from Section 4.14.10 b) of Zoning By-law 2019-051 to permit steps (made of a platform with construction on piers or helical piles) in an easterly interior side yard with a setback of 0.3 metres instead of the minimum required 0.5 metres, to facilitate the conversion of an existing Semi -Detached Dwelling to a Semi -Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached)(Semi-Detached Duplex), generally in accordance with drawings prepared by AEDP Group Inc, dated May 29, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application to facilitate the conversion of existing Semi -Detached Dwelling (1 dwelling unit) to a Semi -Detached Duplex Dwelling (2 dwelling units). • The key finding of this report is that the requested minor variance meets 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 84 of 268 BACKGROUND: The subject property is located on the western side of Donnenwerth Drive between Bridlewreath and Activa Streets. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application to facilitate the conversion of existing Semi -Detached Dwelling to a Semi -Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached)(Semi-Detached Duplex). Image 1: Aerial view 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 Page 85 of 268 and making better use of existing community infrastructure. The variance meets the general intent of the Official Plan. Image 2: View from street (subject semi on the left side) (Noted. the width of the existing driveway, approximately 5 m wide, can be considered legal non -conforming as it existed prior to March 21, 2022 — implementation of By-law 2019-051 on the property. No further widening of the driveway is permitted) 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. As noted by Engineering staff, the steps shall not block the passage of stormwater runoff. Consequently, staff are recommending in the decision noted above, that the steps be constructed of a platform construction on piers or helical piles in order not to block the passage of stormwater runoff. With a platform construction on piers or helical piles, the variance will maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The creation of a second dwelling unit in the existing building requires the subject variance. As noted above, the variance meets the intent of the Zoning Bylaw. As the Page 86 of 268 effects of the variance is minimal and will permit the property to add a second dwelling unit, staff are of the opinion that they may be considered minor. L 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.) Is/Are the Variance(s) Desirable For The Appropriate Develoament or Use of the Land. Building and/or Structure? Staff are of the opinion that the variance for the second dwelling unit is 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 concerns. Heritage Planning Comments: No concerns. Building Division Comments: No objections to the proposed variance. A Building Permit Application has been made for the change of use to a duplex. Page 87 of 268 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. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Donnenwerth Drive The tree could be impacted by proposed construction activities. 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. Tree Protection and Enhancement Plans to Forestry's satisfaction will be required outlining complete protection of City assets prior to any demolition or building permits being issued. Planning Response: The above noted comments should be considered `Advisory'. The proposed drawings do not indicate that any work, i.e. extension of sidewalk, will be occurring within the boulevard or City right-of-way. As per Image 2, the driveway cannot be widened any further on the subject property and it cannot be widened in the City right-of-way. Accordingly, there should be no impacts to City -owned street trees. Transportation Planning Comments: No concerns. GRCA Comments: Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application. GRCA has no objection to the approval of the above 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, a permission from GRCA is not required. 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. Page 88 of 268 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 89 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 90 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 91 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 92 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 93 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: October 15, 2025 REPORT NO.: DSD -2025-412 SUBJECT: Minor Variance Application A2025-105 1010 Copper Leaf Crescent RECOMMENDATION: That Minor Variance Application A2025-105 for 1010 Copper Leaf Crescent requesting relief from Zoning By-law 2019-051: i) Section 4.12.3 g) to permit a lot width of 8 metres instead of the minimum required 10.5 metres; and ii) Site Specific Provision (280) to permit a rear yard setback of 11.6 metres for the principal dwelling and 0.9 metres to the Additional Dwelling Unit (ADU)(Detached) instead of the minimum required rear yard setback of 18.5 metres; to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by GoConex Group Inc., dated September 16, 2025, BE APPROVED, subject to the following conditions: 1. That the Owner shall modify the existing driveway, to provide a driveway and a distinguishable unobstructed walkway to the proposed Additional Dwelling Unit (ADU)(Detached), in accordance with the regulations of Zoning By-law 2019-051. 2. That the Owner shall complete the work, identified in Condition No. 1 above, by June 30, 2026. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 94 of 268 REPORT HIGHLIGHTS: • The purpose of this report is to review minor variances to allow for the development of an Additional Dwelling Unit (ADU) (Detached) to a property containing an existing Single Detached Dwelling with one Additional Dwelling Unit (Attached) (Duplex). • The key finding of this report is that the requested minor variances meet the 4 tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. • This report supports the delivery of core services. BACKGROUND: The subject property is located in the Laurentian West neighbourhood, north of Bleams Road and to the west of Fischer Hallman Road, outside the Central Neighbourhood Figure 1: Location Map Page 95 of 268 Figure 2: Zoning Map The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4) with Site -Specific Provision (280)' in Zoning By-law 2019-051. The purpose of this application is to review a proposal to facilitate the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of a property currently occupied by a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached), (Duplex). The original house was built in 2002 as a Single Detached Dwelling with a double car garage. In 2024, a Building Permit was issued to convert the basement into an attached ADU. In 2025, the applicant submitted a new Building Permit Application, along with a Zoning Occupancy Certificate Application, to construct a detached ADU in the rear yard. During the Zoning Certificate review, zoning deficiencies were identified, requiring a Minor Variance Application. The variances relate to the minimum required lot width and a site- specific rear yard setback requirement as follows: • Lot width to be 8 metres instead of 10.5 metres; and-, • A rear yard setback of 11.6 metres for the principal dwelling and 0.9 metres to the Additional Dwelling Unit (ADU)(Detached) instead of 18.5 metres. Page 96 of 268 1 IyMI V V. 1 1 Vr. wV 1 1"ll Figure 4: Front Image of the Subject Property Page 97 of 268 Figure 5: An image showing the side of the Subject Property Development and Housing Approvals Staff visited the site on October 2, 2025. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential'. This designation places emphasis on accommodating a full range of low density housing type which includes single detached dwellings, additional dwelling units, attached and detached. The City will encourage and support the mixing and integration of innovative and different forms of housing to achieve and maintain a low-rise built form. Policy 4.C.1.24 of the City's Official Plan states that: "4.C.1.24. The City, in accordance with Planning Act and other applicable legislation, will permit a stand-alone additional dwelling unit (detached), as an ancillary use to single detached dwellings, semi -detach dwellings and street townhouse dwellings. The following criteria will be considered as the basis for permitting an additional dwelling unit (detached). a) the use is subordinate to the main dwelling on the lot; Page 98 of 268 b) the use can be integrated into its surroundings with negligible visual impact to the streetscape; c) the use is compatible in design and scale with the built form on the lot and the surrounding residential neighbourhood in terms of massing, height and visual appearance; and, d) other requirements such as servicing, parking, access, stormwater management, tree preservation, landscaping and the provision of amenity areas." The proposed variances will meet the general intent of the Official Plan. General Intent of the Zoning By-law The minimum lot width: The intent of the zoning regulation requiring a minimum lot width of 10.5 metres, outside of the Central Neighbourhood Area and farther from LRT stations, is to ensure that properties are sufficiently wide enough to accommodate essential site elements such as parking spaces (double wide driveways), landscaping, walkways, and side yard buffers. These elements help ensure the site can function appropriately. In this case, the subject property has a pie -shaped configuration, with the lot width increasing toward the rear, as shown in Figure 6. Despite the narrower frontage, the property provides adequate width to accommodate the required parking and walkway. There are three dwelling units on the property, and each unit requires one parking space, resulting in a total of three (3) required parking spaces. One space will be located inside the garage, which also includes the required bicycle parking, and two (2) parking spaces will be provided on the front driveway. The driveway must match the width of the garage and will be updated accordingly as a condition of approval. Due to the narrow front yard, vehicles parked on the driveway may slightly overlap onto the boulevard when reversing. Transportation staff reviewed the site and confirmed its functionality by analyzing vehicle turning movements, as illustrated in Figure 7. The site-specific provisions, rear yard setback: The intent of the required rear yard setback in Site -Specific Provision (280), which requires an 18.5 -metre rear yard setback for residential properties, is to address the impact of the adjacent Regional Road (Bleams Road). As illustrated in the zoning grid map, the subject property is unique in that it does not share a direct lot line with the Regional Road; instead, it backs onto another residential property. This configuration helps mitigate the potential impacts typically associated with proximity to a Regional Road. Although both the existing main dwelling and the proposed detached dwelling are situated closer than 18 metres to the rear lot line, the Zoning By- law's intent is considered satisfied due to the residential interface at the rear. Based on the above, it is staff's opinion that the variances will meet the general intent of the Zoning By-law. Page 99 of 268 kC Figure 6: An Ariel Image of the Subject Property Figure 7: AutoTURN plan for Required Parking Spaces Page 100 of 268 GoCDnex G wwmrn.•iaeRuwrwaN,A we coxcRFEcoww Info@g DCP j: ON X GJOl1P INC. /'C C A #a06572731 ++ / '`i � 3E _ T.k i Gs TOR€RFM.nFc raT - fH�wIRfRRx�rf. iiXf[+(MW �fRIfYNl EEnRx FuuMFxr�. xrxk �•� snFacx �..� NERR9PY Fn wiTx[f.R SSRiTTEx W HEENT. RSTVI[L6NIRMTCRS 0.ESPoHSiBIIRY FO F45URE NF44 FMFxTS nTTNF�axinfl pp SLi4WV�C[gE. NOT4TNNG M4DF CiN THEY DW1M'W65A4fOR rWYEa MLax{as oc N N�EEPB T1 a0 EHSHHE f]TMNT-59adSCAE 4d iuAxe is m RE fEuoxMEn iN n {PNPalTEE WITHTart acFacaTaxnL i 1-TH AND sar€rr ccR murnw raw€�r.. 1.1� 3.20 a..xfu. aR�rsnuaomu. P meler5 wldm 2.00 Track 2.00 Look to Look Tlme 6D Steenng Angle 35.2 Figure 7: AutoTURN plan for Required Parking Spaces Page 100 of 268 Figure 8: Zoning By-law Index 5200 Is/Are the Effects of the Variance(s) Minor? The requested lot width variance is considered minor due to the pie -shaped configuration of the property, which allows for a wider lot dimension along its depth. Despite the reduced frontage, the lot exceeds the minimum required lot area, ensuring that the overall functionality is not compromised. The rear yard setback requirement under Site -Specific Provision (280) is intended to mitigate the impact of proximity to a Regional Road. However, the subject property does not directly abut the Regional Road; instead, it backs onto another residential property, which provides a natural buffer. Both the existing dwelling and the proposed Detached Additional Dwelling Unit (ADU) comply with the standard rear yard setback for their zone. Therefore, the effects of the variances can be considered minor in nature. Is/Are the Variance(s) Desirable For The Aaaroariate Develoament or Use of the Land. Building and/or Structure? Planning staff is of the opinion that the proposed variances are desirable and appropriate as they will facilitate a form of gentle intensification of the subject property with the development of an additional dwelling in the rear yard that is compatible with the neighbourhood and will make use of existing infrastructure. Environmental Planning Comments: No natural heritage features/functions. No trees or Tree Management Policy compliance issues. Heritage Planning Comments: No Heritage 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 Detached ADU. Engineering Division Comments: No concerns. Page 101 of 268 Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: Transportation Services have no concerns with this application. The Region 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property , however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 102 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 103 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 104 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 105 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 106 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Brian Bateman, Senior Planner 519-783-8905 and Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: October 3, 2025 REPORT NO.: DSD -2025-419 SUBJECT: Minor Variance Application A2025-106 - 43 Maurice Street RECOMMENDATION: That Minor Variance Application A2025-106 for 43 Maurice Street requesting relief from Section 6.3.2 a), Table 6-3, of Zoning By-law 2019-051 to permit an exterior side yard setback of 0.1 metres instead of the minimum required 4 metres to facilitate the re -construction of a 2 storey deck onto an existing detached dwelling and to legalize the location of the existing storage shed, generally in accordance with drawings prepared by Fine Line Drafting and Design Inc., dated May 10, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to permit the re- construction of a 2 -storey deck onto an existing detached dwelling and to legalize the existing storage shed with a reduced interior side yard setback. • The key finding of this report is that the requested minor variances meet all four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 107 of 268 BACKGROUND: The subject property is located on the south-east side of Maurice Street and Sydney Street South. It is in the Mill Courtland Woodside Park neighbourhood which is primarily comprised of low-rise residential and institutional uses. Figure 1: Location Map — 43 Maurice Street (Outlined in Red) The subject property is identified as `Protected Major Transit Station Area' on Map 2 — Urban Structure and is designated `Strategic Growth Area B' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Mid Rise Growth Zone (SGA -2)' in Zoning By-law 2019-051. A previous Minor Variance Application A2022-011 was granted to allow a deck, over 0.6 metres in height above grade, to have side yard setback of 0.4 metres instead of the required 3 metres and to have a side yard setback of 1.8 metres whereas 3 metres was required. A storage shed, not considered through A2022-011, was also constructed on the property with a setback of 0.1 metres. The purpose of this Minor Variance Application to facilitate the re -construction of a 2 - storey deck onto an existing detached dwelling and to legalize the existing storage shed with a reduced interior side yard setback. Through review of this application, it has come to the attention of staff that two planter boxes abutting Sydney St are encroaching City lands. The encroachment is being dealt with separately with Legal Services Staff. Page 108 of 268 Variance to reconstruct 2 storey deck Variance to legalize existing shed MAURICE STREET Figure 2: Requested Variance for 2 -storey Deck & to Legalize Existing Shed Figure 3: East Elevation of Proposed Structure Facing Sydney Street South Page 109 of 268 Figure 4: North Elevation of Proposed Structure Facing Maurice Street Planning Staff conducted a site visit on October 1, 2025 Figure 5: Existing Site Conditions as of October 1, 2025 Page 110 of 268 Figure 7: Existing Site Conditions as of October 1, 2025 Page 111 of 268 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 general intent of the Official Plan designation `Strategic Growth Area B' on Map 3 is intended to accommodate significant intensification at a scale to serve as a transition between Strategic Growth Area A and Strategic Growth Area C. The designation is also intended to provide a transition between lower rise residential areas and medium to higher density developments. It recognizes the presence of existing smaller lots and low-rise residential uses, with implementing zoning regulations guiding orderly development. The proposed reconstruction of a 2 -storey deck with a reduced setback and existing shed, maintain the existing low-rise residential character of the property while remaining compatible with the planned function of Strategic Area Growth Area B. Planning Staff are of the opinion that the requested variances will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the exterior side yard setback requirement is to ensure adequate separation between buildings and the public street, maintain a consistent streetscape, and support pedestrian and vehicular sightlines. The proposed setback of 0.1 metres maintains the existing built form and continues to provide clear visibility and safe access along the street edge. It is also consistent with the building setback from Sydney Street for 44 Maurice Street. Accordingly, the variances will maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposed reduced exterior side yard setback will not adversely affect adjacent uses as the land opposite the deck is vacant commercial land. The existing deck is 0.4 metres away from the property line. No changes are proposed to the size or height of the existing storage shed. The structure will continue to function as it presently does. Therefore, the effects of the variances will be minor. Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The proposed reconstruction of the 2 -storey deck and recognition of the existing storage shed with a reduced setback, will maintain the existing low-rise residential character and streetscape and does not obstruct visibility for vehicles. It will provide access to existing doorways and provide an amenity area where the grade and space is challenging. Therefore, staff is of opinion that the variances are desirable for the appropriate development and use of land. Environmental Planning Comments: There are no natural heritage features/functions, no trees, and no Tree Management Policy compliance issues. Page 112 of 268 Heritage Planning Comments: No Heritage 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 re -construction of the decks. Engineering Division Comments: No comments or concerns. Parks and Cemeteries/Forestry Division Comments: No concerns. Transportation Planning Comments: No 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 — Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 113 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 114 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 115 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 116 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 117 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Jade McGowan, Student Planner, 519-707-4759 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD -2025-424 SUBJECT: Minor Variance Application A2025-107 — 904 Isaiah Place RECOMMENDATION: That Minor Variance Application A2025-107 for 904 Isaiah Place requesting relief from 7.3, Table 7-2, of Zoning By-law 2029-051 to permit a year yard setback of 6.4 metres instead of the minimum required 7.5 metres to facilitate a sunroom addition onto the rear of the existing detached dwelling, generally in accordance with drawings prepared by Greywall Designs, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review and make a recommendation with respect to the Minor Variance Application to facilitate the construction of a sunroom addition in the rear yard of 904 Isaiah Place. • The key finding of this report is that the requested variance meets the 4 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. BACKGROUND: The subject property is located on the northeastern side of Isaiah Place, between Isaiah Drive and Activa Avenue, in the Laurentian West Planning Community *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 118 of 268 Figure 1: Location Map (subject property outlined in Red) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Three Zone (RES -3)' in Zoning By-law 2019- 051. The purpose of the application is to facilitate the construction of a sunroom addition to the existing dwelling in the rear yard. The proposed sunroom would be in the location of an existing deck and will provide additional amenity space. A minor variance is required to allow a rear yard setback of 6.4 metres where 7.5 metres is required. A Site VIS riyurt: i.. r1UPUbVU JIM: rias Page 119 of 268 Figure 3: Street view of subject property REPORT: Planning Comments: Figure 4: Proposed sunroom addition 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 intent of the Low Rise Residential land use designation is to accommodate a full range of low density housing types. The proposed rear yard sunroom addition is a natural extension of the existing detached dwelling that will be used for amenity area in the form of indoor rather than outdoor amenity area. Therefore, Planning Staff are of the opinion that the requested variance maintains the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the Zoning By-law rear yard setback regulation is to provide sufficient amenity area in the rear yard and mitigate privacy concerns from neighbouring dwellings. The proposed addition maintains the required rear yard setback at the northeastern corner of the addition but due to the irregular shape of the property, a variance is required to address the setback to the southeastern portion of the addition. It is Staff's opinion that adequate amenity area for the dwelling will be maintained in the northern and southern portions of the rear yard. The proposed sunroom will also function as an indoor amenity area for residents, and Staff do not anticipate any privacy concerns. Therefore, Planning Staff are of the opinion that the requested variance maintains the general intent of the Zoning By-law. Page 120 of 268 Is/Are the Effects of the Variance(s) Minor? The proposed sunroom addition will be in the location of an existing deck and will generally be a smaller footprint, allowing a portion of the existing deck to be maintained. Staff do not anticipate any significant or adverse impacts resulting from the new addition and proposed reduced rear yard setback. Therefore, Planning Staff are of the opinion that the effects of the requested variance are minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed sunroom addition will provide additional interior amenity space for the existing dwelling and will maintain a low-rise built form. Therefore, Planning Staff are of the opinion that the requested variance is desirable and appropriate for the use of the land. Environmental Planning Comments: No natural heritage features/functions as there are no trees and no Tree Management Policy compliance issues. No concerns. Heritage Planning Comments: No comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A revision will be required to the original building permit. Engineering Division Comments: No concerns. Parks Planning Comments: No concerns, no requirements. Transportation Planning Comments: Transportation Services has no concerns with this application. Region of Waterloo: No concerns. Grand River Conservation Authority (GRCA): No objections. 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. Page 121 of 268 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 122 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 123 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 124 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 125 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 126 of 268 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 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 2 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD -2025-429 SUBJECT: Minor Variance Application A2025-108 — 32 and 42 Windom Road RECOMMENDATION: That Minor Variance Application A2025-108 for 32 and 42 Windom Road requesting relief from Site Specific Provision (390) e) of Zoning By-law 2019-051, to permit interior side yard setbacks of 2 metres instead of the minimum required 2.5 metres, to facilitate the development of a 3 storey multiple residential building having 56 dwelling units, in accordance with Site Plan Application SPF25/066/W, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review and make recommendations regarding Minor Variance application A2025-108 requesting reduced interior side yard setbacks for 32 and 42 Windom Road. • The key finding of this report is that the requested variances meet the `four tests' of the Planning Act and approval is recommended. • 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 127 of 268 BACKGROUND: The subject property, addressed as 32 and 42 Windom Road, is located on the western side of Windom Road, a short distance south of the intersection with Thaler Avenue and currently contains two Single Detached buildings. The property is currently fenced off, pending demolition. Figure 1: View Of The Subject Property (Taken October 3, 2025) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use and is subject to Site -Specific Policy No. 71 on Map 5 — Area/Site Specific Policy Areas in the City's 2014 Official Plan. Page 128 of 268 Figure 2: Official Plan Land Use Designation The property is zoned `Low Density Residential Zone 5 with Site Specific Provision 390 (RES -5, 390)' in Zoning By-law 2019-051. Official Plan and Zoning By-law Amendment applications were approved in February 2024, which introduced the Site Specific Policy and site-specific zoning for the site. Site Specific Policy No. 71 states: "Notwithstanding the Low Rise Residential land use designation and policies, applied to the lands located at 32-42 Windom Road, the maximum Floor Space Ratio shall be 1.4 and the maximum building height shall be 15.1 metres. " Site -Specific Provision (390) states: (390) — Notwithstanding Tables 5-5 and 7-6 of this By-law within the lands zoned RES -5 and shown as affected by this subsection on Zoning Grid Schedule Number 239 of Appendix 'A', the following special regulations shall apply: a) The maximum Floor Space Ratio (FSR) shall be 1.4. b) The maximum building height shall be 15.1 metres. c) The minimum required parking shall be 0.81 space per dwelling unit. d) The minimum required visitor parking shall be 10% of required parking. e) The minimum side yard setback shall be 2.5 metres. f) The minimum required Class A Bicycle parking shall be 1 space per dwelling unit. g) Geothermal wells shall be prohibited. Page 129 of 268 The side yard setback requirement for the subject property is provided in this site-specific zoning, which decreased the 3 metre requirement down to 2.5 metres. This Minor Variance application seeks further relief, decreasing the required setback to 2 metres. In September of 2025, the Site Plan Application to implement the OPA and ZBA was given `Conditional Approval' (SPF25/066/W). This Site Plan Application further revised the concept plan from the OPA/ZBA Application stage, with reduced interior side yard setbacks on the both the northern and southern lot lines. 14, ° 9 163 ..._v, �16� l .15D 251 255 146 0 B2 (� .1401 �.' ? RES \ 149 1366 a4 165 S 11 32L 129 147 127 125 131 A� B C - 6r �RM EFG H� V I A K B O F�, M E �,L L C D E 99 Is 48 39 43 �� 7> 1Io a INS -1 55 8 94 {988. H oward R obertson Fubl it Schc ll i Figure 3: Zoning By -Law 2019-051 (Subject Site In Red) 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 Policy 4.C.1.8. of the Official Plan provides direction when considering minor variance applications for residential intensification. Page 130 of 268 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) hat: 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 massing and scale presented by the slightly reduced setbacks is consistent with the initial reduction to 2.5 metres. The additional 0.5 metre reduction would largely be imperceptible from a massing perspective. 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 pnvacy. Bringing the stacked townhouses 0.5 metres closer to the internal lot lines presents a very similar scenario regarding privacy and screening. The habitable areas of the adjacent properties are well set back from or do not face the internal lot lines. Accordingly, the variances will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of interior side yard setbacks are to ensure compatible built forms between adjacent properties and suitable room for access and landscaping. The initial reduction from the RES -5 zone requirement of 3 metres was reviewed and approved as part of the Zoning By-law Amendment Application for the property, in which staff noted that multiple dwelling developments are on both sides of the subject property, both containing drive aisle/parking areas along the side property line, resulting in adequate building separation. Staff are satisfied that the further 0.5 metre reduction continues to meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effect of the requested variances will bring the massing of the stacked townhouse blocks 0.5 metres closer to both the northern and southern lot lines. In assessing if the effects of a variance are minor, a common approach is to consider potential impacts to nearby properties. For internal setbacks, both the abutting northern and southern properties can be looked at to ensure compatibility. The northern property (20 Windom Road) is a 12 -unit, multiple dwelling development. A parking area is located at the front of the property, spanning the width of the property. The building is centrally located on the lot, with amenity areas for each unit being located on both sides of the building. These amenity areas are separated from the lot line by an access sidewalk, located roughly 4.5 metres from the lot line. Bringing the proposed stacked townhouses 0.5 metres nearer to this lot line will not bring new impacts. Page 131 of 268 The southern property (48 Windom Road) is also a multiple dwelling development, consisting of two, six -unit buildings. The access drive aisle for this property is along the northern lot line, adjacent to the subject property. A 2 metre setback rather than a 2.5 metre setback will largely have the same impact to the drive aisle. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The 2 metre setback distance was brought upon slight revisions to the site plan, altering the staircases to the lower level units of the proposed stacked townhouse development. The altered design allows for a more functional site design, which in itself is desirable. As noted in this report, no adverse impacts are anticipated by reducing the side yard setback an additional 0.5 metres. As such, the overall implementation of the reduced side yard is desirable for the appropriate development of the property. Figure 4: Northern Lot Line Page 132 of 268 Figure 5: Southern Lot Line Environmental Planning Comments: No natural heritage features/functions. Trees and compliance with the Tree Management Policy would have been addressed as part of SP25/066/W by the Urban Designer. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application have been made for the stacked townhouses. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: All Parks & Forestry requirements will be addressed through Site Plan Application SPF25/066/W. Transportation Planning Comments: Transportation Services have no concerns with this application. Page 133 of 268 Region of Waterloo: 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Due to the Canada Post strike, the regular notice of the application was unable to be 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 ATTACHMENTS: Attachment A — Site Plan Page 134 of 268 Attachment A — Site Plan Page 135 of 268 R5 -Z1 An,HGH 06MDCN 6GN6BCE MF%F! UW 1 1E WE 25 Z$ 25 25 25 25 25 25.—Zs. I M* . M 71 0 K > Lj fh PMNTUN5 0 M Co M 96 97 DD M (n M < NOMMUK M 0 0 M �T04 CHM. T9 F� acv9w% ww z CQC0NC*TEQA&&9JM M > M WINDOM ROAD :rz �Mg 7U MI 6-'2 .z (D M an, E3 t, T T� - I Page 135 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 136 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 137 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 138 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 139 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: October 3, 2025 REPORT NO.: DSD -2025-418 SUBJECT: Minor Variance Application A2025-109 - 29 Edna Street RECOMMENDATION: That Minor Variance Application A2025-109 for 29 Edna Street requesting relief from the Section 5.22.1 c) of Zoning By-law 85-1 to permit a lot coverage of 21.6% instead of the maximum permitted 15%, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by JR Design and Consultants, dated September 2025, BE APPROVED, subject to the following conditions: 1. That the Owner shall modify the existing driveway, to provide a driveway and a distinguishable unobstructed walkway, in accordance with the regulations of Zoning By-law 2019-051. 2. That the Owner shall complete the work, identified in Condition No. 1 above, by June 30, 2026. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. 3. That prior to any grading, servicing or the application or issuance of a Demolition and/or Building Permit, the Owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Manager, Site Plans, showing the following: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 140 of 268 (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; (vi) outline tree protection measures for trees to be preserved; and (vii) If necessary, the plan shall include required mitigation and/or compensation measures. Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any Demolition and/or Building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Manager, Site Plans. 4. That the Owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 5. That the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: "Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of- way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units." REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application to permit the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of 29 Edna Street. • The key finding of this report is that the requested minor variance meets all four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners Page 141 of 268 within 30 metres of the subject property, however given the Canada Post Strike this was not possible. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the south-west side of Edna Street and Victoria Street North. It is in the Central Frederick neighbourhood which is primarily comprised of low-rise residential and commercial uses. Figure 1: Location Map — 29 Edna Street (Outlined in Red) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Conservation A' on Map 20 — Central Frederick Neighbourhood Plan for Land Use in the City's 1994 Official Plan. The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1 The purpose of the application is to review a Minor Variance Application to facilitate the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property. Page 142 of 268 105206 7900 6 6004 6 7100 6 34-00 6 7500 24 MIN, 1100mm PAIN FOR EPOKY OMHNG WITH $ A6dTgNVI MWEi1RF� CfFERENI COLOUR N 64 DEC. 17' V E 11 m 5116 L__--� EX. SHED ONE (I) STOREY }� y PRONDE FENCE TO31.5 5p. M. 1 PR1>190 CkRS ROM cu crnrtP 1 'o ENTERING THE 84CKYARD PROPOSED EXISTING ADU gg y E�Is1wG �NCRE7E pra✓EUMr HOUSE 8 ONE (1) STOREY g F TWO 2 STOREY 70.5 SQ. M. D s ` 7%.S 9}. M. IXISNG PATIO STONES HEIGHT - 4.4 m f 390 �+ I EPDXY ORATING WITH 504 Y 2 "1% VASES DIFFERENT COLOUR d 27mx 5.5m IAHDSCAANG GAS METER - - - - - - - - - - - — FR H YARD AREA , E%ISTHG FENCE N 64 DEG. 17' E 41.70 m REAR YARD ARG114 50. W. FF 297-4 S0. M. MSMD AREA = 1AMDSCJM kRD = 57 S4. M. 186.4 SO M' 5D >t 14ru 62.6 R TOTAL b Figure 2: Site Plan of Requested Variance for Accessory Building - i ARIES { x� Figure 3: Front Elevation of Proposed Structure Page 143 of 268 s_ m o ------------ ti JIM FLOOR LEVEL t VARIES I I z � C o Figure 4: Right Elevation of Proposed Structure • -weou [a� 9 a —4 - nm 11 lean � stea 1? ses; ral 1 i CLOS � Emsu]TE Mi K7TCHEM { f yam i I I ,xY 1 i Illly Iwr A x 1 I I �_ �I +1 ISLAND ' + I I v .nw>t„o manaoo eomnaoo HALL "a UwRr M ` VELux sKrl ennxu,T >Q BEDROO UVINQ. 4 p PORCH R " V OUTSIDE LINE OFFaw -+ EOiIAL E¢ EO EQUAL EQUAL FOVNOATIDN WALL TYPICAL 39m {137 95 1521 M n5 gel V) 15 3850 or 611 4-106ee (W 91) - - Figure 5: Floor Plan of Proposed Structure Development and Housing Approvals Staff conducted a site visit on October 1, 2025. Page 144 of 268 Figure 6: Existing Site Conditions as of October 1, 2025 r Figure 7: Existing Driveway (To be Modified in Accordance with the Site Plan) 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: Page 145 of 268 General Intent of the Official Plan The intent of the 'Low -Rise Conservation - A' designation is to preserve the scale, use and intensity of existing development. This designation is applied to those portions of the community where the vast majority of land use are single detached dwellings. The dwellings are in good structural condition, and they are exhibits of the characteristics of a stable family-oriented area. Policy 4.C.1.23 in the 2014 Official Plan permits up to 3 Additional Dwelling Units (ADUs) subject to meeting any other applicable policies in the Official Plan and Zoning By-law regulations. 4. C. 1.23. The City may permit up to three additional dwelling units, attached and/or detached, on a lot which contains a single detached dwelling, a semi- detached dwelling or a street -townhouse dwelling as the principal use, unless otherwise limited by the policies of this Plan, and in accordance with the City's Zoning By-law, in order to provide additional housing options to Kitchener homeowners and residents. The proposed Additional Dwelling Unit use of the property conforms to the land use designation and is a desirable addition to a residential property. Staff is in opinion that requested variance to construct Additional Dwelling Unit (ADU)(Detached) meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum lot coverage is to ensure that accessory buildings remain secondary to the principal building. Combining the ADU and the existing shed exceeds the maximum permitted 15% lot coverage of accessory buildings by 6.6% or 32.6 square metres. However, when considered independently the ADU does not exceed the maximum permitted size of 80 square metres and the existing shed does not exceed the 15% coverage of the lot. Also, both the existing shed and the ADU individually comply with the maximum 15% permitted lot coverage. Staff is of opinion that the variance meets the general intent of the Zoning By-law, with the shed and ADU remaining secondary and accessory to the principal building. Is/Are the Effects of the Variance(s) Minor? The variance is minor in nature. The combined 32.6 square metres increased lot coverage is not noticeable when compared to the overall size of the structures relative to the lot. The ADU will be located at the far rear of the property. The effects of the variance will be minor as the increased lot coverage will not be discernable or noticeable from the streetscape. Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The variance for an increased lot coverage is a desirable and an appropriate use of the land as it facilitates the construction of an Additional Dwelling Unit (ADU). The increased lot coverage will improve the usability of the land by accommodating the ADU and shed and provide an opportunity for gentle intensification adjacent to an urban and transit corridor. Environmental Planning Comments: There are no natural heritage features/functions, however, there appear to be trees in shared ownership which may be affected by the construction of the ADU. Please include the Standard condition to complete a Tree Protection and Enhancement Plan. Page 146 of 268 Heritage Planning Comments: No Heritage 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 detached ADU. Engineering Division Comments: No comments or concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: No concerns. Metrolinx Comments: As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact ienna.auger(a)metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). • The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: o Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of- way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such rightof-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Page 147 of 268 Should you have any questions or concerns, please contact ienna.auger(a)metrolinx.com STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (1994 and 2014) • Zoning By-law 85-1 Page 148 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 149 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 150 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 151 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 152 of 268 :Dt= METROLINX BY EMAIL ONLY TO: Kitchener -Committee of Adjustments 200 King Street West, 6th Floor, P.O. Box 1118, Kitchener ON N2G 4G7 CC: cofa@kitchener.ca DATE: September 29th, 2025 RE: Adjacent Development Review: A2025-109 29 Edna Street, Toronto, ON Minor Variance Metrolinx is in receipt of the Minor Variance application for 29 Edna Street, to permit an additional dwelling unit on site in the rear yard of the property, as circulated on September 261h, 2025, and to be heard at Public Hearing on October 21 st, 2025. Metrolinx's comments on the subject application are noted below: • The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries Kitchener GO Train service. GO/HEAVY-RAIL - CONDITIONS OF APPROVAL As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact ienna.auger@metrolinx.com with questions and to initiate the registration process. (It should be noted thatthe registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, thatthe following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: • Warning: The Applicant is advised thatthe subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or othertransit facilities on such right- of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please contact ienna.auger@metrolinx.com. Best Regards, Jenna Auger Project Analyst, Adjacent Construction Review (ACR) 20 Bay Street I Toronto I Ontario I M5J 2W3 T: (416)-881-0579 Page 153 of 268 Adjacent Development Review: A2025-109 29 Edna Street, Toronto, ON Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section ofthe Transfer Easementto which this Schedule is attached (the "Easement Lands"). IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night (provided that doing so is not contrary to law applicable to Metrolinx) with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations. THIS Easement and all rights and obligations arising from the above easement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of a party hereto, if such party comprises more than one person, shall be joint and several. Easement in gross. :X: METROLINX 2 Page 154 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 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 9 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD -2025-427 SUBJECT: Minor Variance Application A2025-110 — 600 Queen Street South RECOMMENDATION: That Minor Variance Application A2025-110 for 600 Queen Street South requesting relief from Site Specific Provision (10) of Zoning By-law 2019-051, to permit a building having 12 storeys instead of the maximum permitted 11 storeys within the maximum permitted building height of 37.5 metres, to facilitate a `Residential Care Facility' having 144 units, in accordance with Site Plan Application SP23/007/Q/KA, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review and make recommendations on Minor Variance Application A2025-110. • The key finding of this report is that the application meets the `four tests' of the Planning Act and approval is recommended. • 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, and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 155 of 268 BACKGROUND: The subject property is located on the west side of Queen Street South, located between the abutting the Ironhorse Trail and CN railway. The site is currently vacant, having previously been developed with two commercial buildings. Figure 1: Site View (Taken October 3, 2025) The subject property is identified as `Urban Corridor' on Map 2 — Urban Structure and is designated `Mixed Use' on Map 3 — Land Use in the City's 2014 Official Plan. 9L Figure 2: Official Plan Land Use Designation (Site In Red) Page 156 of 268 The property is zoned `Mixed Use Two Zone (MIX -2)' with Site Specific Provisions (10) and (45) and Holding Provision (60H)' in Zoning By-law 2019-051. The site was subject to previous Official Plan and Zoning By-law Amendment Applications, both of which received approval and are in full force and effect. The Zoning By-law Amendment introduced site specific provisions, including building height, which set maximum building height in both storeys and metres (11 storeys and 37.5 metres, respectively). Following the approval of the OPA and ZBA, a Site Plan Application was received, and was granted `Conditionally Approval'. The 37.5 metre height is being maintained, but internally the building is revised to be 12 storeys rather than 11 storeys, which requires a variance. 158 28 24 t ° zz is is12 $ tr /! I Figure 3: Zoning By -Law 2019-051 (Site In Red) 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 Policy 4.C.1.8 provide direction where a Minor Variance is requested. Of particular relevance to this application is policy 4.C.1.8.a): Page 157 of 268 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 development is not changing in massing, as the approved height maximum of 37.5 metres is still being maintained. Internal revisions result in an additional storey, going to 12 storeys rather than the site-specific regulation of 11 storeys. As no massing change is planned, an appropriate massing, as concluded through the approval of the Zoning By-law Amendment, is maintained. Accordingly, the variance will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of maximum height provisions are to appropriately scale buildings to their surroundings, limiting potential impacts such as shadowing, and built form transition. The overall building height is not changing; the overall building height of 37.5 metres is maintained, and only internal changes result in the development being 12 storeys rather than the previous 11 storeys. While the number of storeys is changing, the height of the building is not, continuing to meet the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? As the requested variance is due to internal revisions to the building, there is no impact to massing or height of the building as approved through the previous OPA/ZBA applications. Therefore, as no external changes are occurring, the effect of the variance is considered minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance will result in additional floor area for the residential care facility, with no massing alterations to the development. The variance is technical in nature, achieving a desirable outcome of additional programming space for the residential care facility. Environmental Planning Comments: No natural heritage features/functions. Trees and compliance with the Tree Management Policy would have been addressed as part of Site Plan Application SP23/007/Q/KA by the Urban Designer. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the new residential care facility is obtained prior to construction. Please contact the Building Division at building(akitchener.ca with any questions. Page 158 of 268 Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: All Parks and Forestry requirements will be addressed through Site Plan Application SP23/007/Q/KA. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo No concerns. Six Nations of the Grand River Elected Council (SNGREC) Comments: Advisory comments: 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. Treaty Rights Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by impacting the environment through emissions and use of resources. Developments on this land fall under the Duty to Consult and Accommodate, meaning Six Nations of the Grand River must be consulted with and accommodated for impacts to their rights. SNGREC requires that this development is paired with compensation for impacts to these rights and to the environment. Compensation should include environmental enhancement and could also include other forms such as increased numbers of affordable units and discounted rooms/beds for Six Nations members. Please contact Irlust(a)-sixnations.ca to schedule a meeting to collaborate on determining compensation. 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: Page 159 of 268 https://www.toronto.ca/wp-content/uploads/2017/08/8d 1 c -Bird -Friend ly-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-plann ing-bird-effective- lighting.pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. 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. SNGREC requests that the proponent commits to these actions during this phase of the application. Planning Staff Response.- Planning esponse:Planning Staff note that the Treaty Rights Compensation comments are `advisory' at this time and will work with the Owner/Applicant during the Site Plan Approval process to address the Bird and Light Friendly Design and Landscaping comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 160 of 268 ATTACHMENTS: Attachment A — Site Plan Attachment B — Building Elevation Page 161 of 268 Attachment A — Site Plan 1Y:.. 1 I 1 ' {4 i III I• n� d. 1 mmnnmm�nnaa�o� ■ MM Page 162 of 268 Attachment B — Building Elevation w I I ! I I I I �IIIIIIIIII I I I I I I I I I I '��IIIIIIIIII I I I I I I I I I I (IIIIIIIII I I I I I I I I I I :IIIIIIIII I 1 1 1 1 1 I I I I I I V I I I I I I I 1 1 1 � IIIII I I I II I I I I I rtll. IIIII III 1;11111 I I I l i I I I I I III _ I;I I I I III _"IIIII I I 1 I I 4 I I I I I I I � �I�I I I •ISI I I I��II� II�IIIII 11111111111 ( I I I I I I I I I I �IIIIIIIIIIIIV I I I I I I I I I I I I I I esf 9r m0�m dQ i�� __ •_��� a M I z m m Page 163 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 164 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 165 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 166 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 167 of 268 From: Committee of Adiustment (SM) To: Siobhan Delaney Subject: FW: SNGREC Environmental Committee of Adjustment Comments Oct 21 Meeting Date: Wednesday, October 1, 2025 10:12:52 AM Attachments: Outlook-yu3kiswx. ono From: Emmett Vanson <LRLUST@sixnations.ca> Sent: Wednesday, October 1, 2025 9:53 AM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Cc: Peter Graham <LRCS@sixnations.ca> Subject: SNGREC Environmental Committee of Adjustment Comments Oct 21 Meeting Sekon (Hello), Included are my comments for the Oct 21 CoA Meeting on behalf of Six Nations of the Grand River Elected Council (SNGREC). A2025-110: 600 Queen St S Comments relate to the overall development. Please convey these comments to the proponent and for anyfurther stages of the application. 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. Treaty Rights Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by impacting the environment through emissions and use of resources. Developments on this land fall under the Duty to Consult and Accommodate, meaning Six Nations of the Grand River must be consulted with and accommodated for impacts to their rights. Page 168 of 268 SNGREC requires that this development is paired with compensation for impacts to these rights and to the environment. Compensation should include environmental enhancement and could also include other forms such as increased numbers of affordable units and discounted rooms/beds for Six Nations members. Please contact lrlust()sixnations.ca to schedule a meeting to collaborate on determining compensation. 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/upLoad s/2017/08/8d1 c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto. ca/wp-content/upLoad s/2018/03/8ff6-city_ plan nin - b i rd -effective- Liqfhti ng. pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. 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. SNGREC requests that the proponent commits to these actions during this phase of the application. A2025-112: 54 Mt. Hope & Portion of 509 Park ST Comments relate to the overall development. Please convey these comments to the proponent and for anyfurther stages of the application. 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 Page 169 of 268 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. 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/upLoad s/2017/08/8d1 c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto. ca/wp-content/upload s/2018/03/8ff6-city planning- bird-effective-Lighting. df SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. 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. SNGREC requests that the proponent commits to these actions during this phase of the application. Thank you for taking these comments. Please reach out if you have any questions or concerns. Nia:wen (thank you), Emmett Vanson, BSc. (he/him) Land Use and Stewardship Technician Six Nations of the Grand River Elected Council Lands and Resources Department IrlustAsixnations.ca Page 170 of 268 ConfidentialityNotice: 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. Page 171 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: October 2, 2025 REPORT NO.: DSD -2025-413 SUBJECT: Minor Variance Application A2025-111 — 396 Southill Drive RECOMMENDATION: That Minor Variance Application A2025-111 for 396 Southill Drive requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.12.3 b) to permit an Additional Dwelling Unit (ADU) (Detached) on the same lot as a multiple dwelling, whereas an Additional Dwelling Unit (ADU) (Detached) is only permitted on the same lot as a Single Detached Dwelling, Semi -Detached Dwelling or Street Townhouse Dwelling; ii) Section 4.12.3 n) to permit the unobstructed walkway to be obstructed by the drive aisle, whereas the Zoning By-law does not permit this; and, iii) Section 4.12.3 p) to permit the rear yard landscaped area to be 12% instead of the minimum required 30%; to facilitate the conversion of an existing accessory building (detached garage) to a Detached Additional Dwelling Unit (ADU) in association with a Multiple Dwelling, in accordance with the `Conditionally Approved' Site Plan Application SPB25/059/S, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review minor variances to allow for a detached Additional Dwelling Unit (ADU) on a property that contains a Multiple Dwelling. • The key finding of this report is that the requested minor variances meet the 4 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 and this report was posted to the City's website with the agenda in advance of the Committee of *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 172 of 268 Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. BACKGROUND: The subject property is located in the Centreville Chicopee neighbourhood, north of Morgan Avenue, east of Fairway Road South. Figure 1: Location Map Page 173 of 268 RE$ -5 42F.S.5 �4631dE6£i} 4 R�css RES -5 f ' l R •� ioe k 5 RES RES -5 RES -5 OSR-Z tdt; Chiwpaa Pa{ Figure 2: Zoning Map The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The applicant is requesting variances related to converting an existing detached garage, located in the rear yard parking lot of an existing 12 -unit multiple dwelling building, into a detached Additional Dwelling Unit (ADU). The garage was originally constructed under a building permit issued in 2001 as an accessory structure to the multiple dwelling. The current proposal involves retaining the existing garage structure and converting it into a residential unit. A private patio, enclosed by fencing, is proposed on the side of the unit to enhance privacy and livability. The applicant has submitted a Site Plan Application, SPB25/059/S, which has been reviewed with all applicable divisions and agencies and has received `Conditional Approval'. While a detached Additional Dwelling Unit (ADU) is a permitted use in Zones associated with Single Detached Dwellings, Semi -Detached Dwellings or Street Townhouse Dwellings, variances are required in this case due to the following reasons: • The proposed unit is associated with a Multiple Dwelling • The unobstructed pedestrian walkway is interrupted by the rear yard parking lot drive aisle. • There is insufficient landscaped area in the rear yard to meet zoning requirements. Page 174 of 268 ..- _ `MUC-2 i716j. (49) 4FIre Staten z. _ f sa RES -5 C -1k. C� y � 1 See f ' l R •� ioe k 5 RES RES -5 RES -5 OSR-Z tdt; Chiwpaa Pa{ Figure 2: Zoning Map The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The applicant is requesting variances related to converting an existing detached garage, located in the rear yard parking lot of an existing 12 -unit multiple dwelling building, into a detached Additional Dwelling Unit (ADU). The garage was originally constructed under a building permit issued in 2001 as an accessory structure to the multiple dwelling. The current proposal involves retaining the existing garage structure and converting it into a residential unit. A private patio, enclosed by fencing, is proposed on the side of the unit to enhance privacy and livability. The applicant has submitted a Site Plan Application, SPB25/059/S, which has been reviewed with all applicable divisions and agencies and has received `Conditional Approval'. While a detached Additional Dwelling Unit (ADU) is a permitted use in Zones associated with Single Detached Dwellings, Semi -Detached Dwellings or Street Townhouse Dwellings, variances are required in this case due to the following reasons: • The proposed unit is associated with a Multiple Dwelling • The unobstructed pedestrian walkway is interrupted by the rear yard parking lot drive aisle. • There is insufficient landscaped area in the rear yard to meet zoning requirements. Page 174 of 268 3J�1GF3 f.•' .. ...r aerer.�•,y :9MM.L,J94lM,n OM:^_-'u,Y IVB I+l MF Ls carrl:c-Y s.�ama..Pc � waaa `L w��::wL f � f }" fiA"14AP&FIFP1T PJIIILIIS+ fO�y L.�r V} �Y GhiZ: tl 4 11 17 x ,y 4 i 1, QT 4A ti _ �:I.vwve�r �Ir I awCiE ANp la.qrNx a.+a-ecwrw r Y � sw.t�..wa.Er�PJe PfIIE:YBsuld a r/.4 •4 I,vT a: r L un,=xe1 r•ar,r-ral.r!x.rn� ._ FaT� f Nsh YuiF PaT.] r, 1 WAL&M �x -trGrs.�.ri liUx n.cx'eaI G:Ik1Lh :LII L d' EAdPC6E11EAPPTAAY RPE IF p-'cER'M PPE PROPUCED EEddWrE RPE — •�fr �ae�lnto- k rw y�tr, YY4 ' RA Arou. urt ..xan Y�:iL@2 °4L �v. t.r,Yar,tx aflae�xr.> { Figure 3: Proposed Site Plan The Development and Housing Approvals Staff visited the site on October 2, 2025. Figure 4: A Front Image of the Subject Property Showing the Multiple Dwelling Building Page 175 of 268 Figure 5: An Image of the Rear Yard of the Property Showing the Parking Lot and the Existing Detached Garage Figure 6: An Image of the front of the detached Garage taken from the side yard Page 176 of 268 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential'. This designation places emphasis on accommodating a full range of low density housing type which includes single detached dwellings, additional dwelling units, attached and detached, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. The City will encourage and support the mixing and integration of innovative and different forms of housing to achieve and maintain a low-rise built form. Policy 4.C.1.24 of the City's Official Plan states that: "4.C.1.24. The City, in accordance with Planning Act and other applicable legislation, will permit a stand-alone additional dwelling unit (detached), as an ancillary use to single detached dwellings, semi -detach dwellings and street townhouse dwellings. The following criteria will be considered as the basis for permitting an additional dwelling unit (detached). a) the use is subordinate to the main dwelling on the lot; b) the use can be integrated into its surroundings with negligible visual impact to the streetscape; c) the use is compatible in design and scale with the built form on the lot and the surrounding residential neighbourhood in terms of massing, height and visual appearance; and, d) other requirements such as servicing, parking, access, stormwater management, tree preservation, landscaping and the provision of amenity areas." The proposed variances conform to Policy 4.C.1.24 and will meet the general intent of the Official Plan. General Intent of the Zoning By-law Detached Dwelling Unit with Multiple Dwellings: The intent of permitting a detached dwelling unit only in association with single detached, semi-detached, or street townhouse dwellings is to support gentle intensification within low-density residential areas, while preserving the scale and character of the existing built form. These housing types typically include private rear yards that can accommodate adequate separation, landscaping, and livability features. In this case, although the proposed detached unit is associated with a multiple dwelling, the property is sufficiently large to support a similar form of intensification. The proposed unit will include a private patio of approximately 21 m2, contributing to the livability and privacy of the space. The overall number of units on the property will increase from 12 to Page 177 of 268 13, which remains consistent with the intent of gentle intensification in a low-rise residential zone. Unobstructed Walkway: The Zoning By-law requires an unobstructed walkway to ensure safe and clear pedestrian access to detached dwelling units, including access for emergency services. Additionally, the by-law encourages the use of consistent surface materials for driveways to support cohesive site design and safe vehicle movement. In this proposal, the rear yard layout results in an overlap between the driveway and the required walkway when it crosses the driveway to reach the unit. In this case, the property functions as a multiple dwelling, and was reviewed under Site Plan Application SPB25/059/S. As part of the site plan review, the Fire Prevention Division was consulted and confirmed that emergency access could be maintained through the designated fire route. A Multiple -Unit Identification sign (MUI) and fire route drawing will be provided to ensure compliance. While the unobstructed walkway is a standard requirement for detached dwellings, in this context, the fire route fulfills the same emergency access function, and the walkway will act as a site functionality and connectivity element. Rear Yard Landscaping Requirement: The rear yard landscaping requirement is intended to ensure that properties provide adequate amenity space, landscaping, and snow storage. For multiple dwellings, the Zoning By-law requires a minimum of 20% landscaped open space. In this case, the property meets the overall landscaping requirement, and the existing dwelling units are equipped with balconies that serve as private amenity areas. The proposed detached unit will include a private patio of approximately 21 m2, which will function as both an amenity space and a private access point for the unit. This design supports the intent of the landscaping requirement while accommodating the detached dwelling amenity area. Is/Are the Effects of the Variance(s) Minor? The property is large enough to accommodate the unit without overcrowding. The increase from 12 to 13 units represents a modest intensification that aligns with the low-rise residential character and does not alter the built form, as the footprint of the structure is not changing. Besides, the emergency access is still provided through the fire route, which will meet the functional intent of the by-law. The proposal has a private patio that will provide amenity space. The proposal has been reviewed through the Site Slan Approval Process, and relevant departments have confirmed that key requirements such as emergency access and landscaping are adequately addressed through the `Conditional Approval'. Therefore, the requested variances are considered minor in nature Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the proposed variances are desirable and appropriate as they will facilitate a form of gentle intensification of the subject property with the development of an additional dwelling unit in the rear yard that is compatible with the neighbourhood and will make use of existing infrastructure. Environmental Planning Comments: No natural heritage features/functions, no tree management policy compliance issues. Page 178 of 268 Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the detached ADU is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: The owner should confirm that existing water/sanitary services are sized to accommodate an additional dwelling unit to the satisfaction of the Building Division. If servicing upgrades are required, the owner will need to follow the off-site works process and upgrade servicing. Parks and Cemeteries/Forestry Division Comments: All Parks and Forestry requirements will be addressed through Site Plan Application SPB25/059/S. Transportation Planning Comments: Transportation Services have no concerns with this application. Region 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Planning Statement (PPS 2024) Page 179 of 268 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 180 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 181 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 182 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 183 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 184 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Andrew Pinnell, Senior Planner, 519-783-8915 and Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: October 7, 2025 REPORT NO.: DSD -2025-420 SUBJECT: Consent Application B2025-026 - 96 Third Avenue RECOMMENDATION: That Consent Application B2025-026 for 96 Third Avenue requesting Consent to create a lot, having an approximate lot width of 8.1 metres on Third Avenue, a lot depth of 38.8 metres and a lot area of 320.7 square metres, to allow each semi- detached dwelling unit on either side of the common wall of a semi-detached dwelling to be separately conveyed, in accordance with Reference Plan 58R-22232, prepared by J.D. Barnes Limited, dated January 24, 2025, attached to Report DSD - 2025 -420, BE APPROVED, subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That prior to final approval, the Owner shall enter into an agreement between the Owner and the City of Kitchener, to the satisfaction of the City Solicitor, which must be registered on title for both the Severed and Retained lands that *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 185 of 268 includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease / rental agreements: a) The dwelling units will be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning. b) The following noise warning clauses will be included in all offers of purchase and sale, deeds and lease / rental agreements: i) Type A — "The purchasers/tenants are advised that sound levels due to increasing road traffic on King Street Bypass / Conestoga Parkway/ Highway 7/8 may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Ministry of the Environment, Conservation and Parks (MECP)." ii) Type C - "The purchasers / tenants are advised that this dwelling has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Ministry of the Environment Conservation and Parks (MECP)". 5. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 7. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 8. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 9. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way, to the satisfaction of the City's Director of Engineering Services. 10. That the Owner submits a Plan to implement a suitable design solution for a sump Page 186 of 268 pump outlet, to the satisfaction of the City's Director of Engineering Services. 11. That the Owner submit a Final Grading Plan, to demonstrate that the drainage of the subject lands will not adversely affect the drainage of adjacent properties or the overall grading control plan, noting that the side yards currently accommodate overland stormwater flows from the rear yard, to the satisfaction of the City's Director of Engineering Services. 12. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park land dedication of $11,862.00. 13. That prior to final approval, the Owner submits the Regional Consent Review fee of $350.00. REPORT HIGHLIGHTS: • The purpose of this application is to create a lot, to allow each semi-detached dwelling unit on either side of the common wall of a semi-detached dwelling to be separately conveyed. Each semi-detached dwelling unit is independently serviced and possesses facilities to allow separate conveyance (e.g., each semi-detached dwelling unit has its own driveway and utilities). • The key finding of this report is that the requested severance meets the criteria of the Planning Act and Provincial, Regional and City policies. • 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. BACKGROUND: The subject property is located on the northwest side of Third Avenue, north of Connaught Street, in the Vanier Planning Community. Page 187 of 268 Figure 1 - Location Map of 96 Third Avenue The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The property also falls within `Appendix D - Established Neighbourhoods Area' and `Appendix C — Central Neighbourhood Area' in Zoning By-law 2019-051. It should be noted that in 2022, the previous owners of the property applied for Consent in 2022 (Consent Application B2022-029). The corresponding staff report (Report DSD -2022- 173) states that the purpose of the application was to "create one new lot and retain one lot equal in size. To facilitate the redevelopment of the subject lands the applicant is proposing to demolish the existing single detached dwelling on the property and replace it with a semi-detached dwelling so that each half is able to be conveyed and dealt with independently." The application was approved conditionally, but lapsed, since the conditions were not fulfilled with the legislated timelines. The purpose of the subject application is to create a lot, to allow each semi-detached dwelling unit on either side of the common wall of a semi-detached dwelling to be separately conveyed. Each semi-detached dwelling unit is independently serviced and possesses facilities to allow separate conveyance (e.g., each semi-detached dwelling unit has its own driveway and utilities). Page 188 of 268 Figure 2 - View of Semi -Detached Dwelling (October 1, 2025) Figure 3 — Excerpt of Proposed Severance Sketch, Submitted with the Consent Application Page 189 of 268 REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) Staff is satisfied that the proposed severance application is consistent with the Provincial Planning Statement, in general, and as it relates to housing policies in Chapter 2 regarding intensification and facilitating housing options. Section 2.2 1 (b) states that Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by permitting and facilitating all housing options required to meet the social, health, economic and well-being requirements of current and future residents. Regional Official Plan (ROP): The Region of Waterloo is an upper -tier municipality without planning responsibilities. The More Homes Built Faster Act, 2022, amended the Planning Act by transferring planning responsibilities from upper -tier governments across the Province, including the Region of Waterloo to local municipalities. The Region is responsible for commenting on the infrastructure and service delivery that the Region of Waterloo delivers to the community, such as Public Health and Paramedic Services, Affordable Housing, source water protection, water and wastewater infrastructure, transit and transportation, waste management, and the Region of Waterloo International Airport. As a result, the Region no longer has a ROP as it is now an Official Plan for area municipalities who are responsible for implementation of the ROP until it is repealed through a future Area Municipal planning exercise. ROP Urban Area policies state that the focus of the Region's future growth shall be within the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2. D.1 of the ROP as this neighbourhood provides for the physical and community infrastructure required for the proposed residential development, including transportation networks, municipal water and wastewater systems, and a broad range of social and public health services. Regional polices require municipalities to plan for a range of housing in terms of form, tenure, density, and affordability to satisfy the various physical, social, economic, and personal support needs of current and future residents. Staff is satisfied that the proposed severance application adheres to these policies and conforms to the ROP. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies). These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: Page 190 of 268 a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The resultant lots satisfy the minimum zoning requirements for lot width and lot area. No minor variances are required to facilitate the proposed lot creation. It should be noted that the semi-detached dwelling, to which this application applies, is already substantially constructed (see Figure 2). The proposed lots also reflect the general scale and character of the established development pattern for this area as shown in Figure 1. The lots have suitable frontage on a public street, access to full municipal services, do not restrict development of adjacent properties, and do not require a plan of subdivision. As such, staff is satisfied that the proposed severances conform to the City of Kitchener Official Plan. Zoning By-law 2019-051 The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The property also falls within `Appendix D - Established Neighbourhoods Area' and `Appendix C — Central Neighbourhood Area' in Zoning By-law 2019-051. The proposed lots meet the minimum lot area and lot width requirements. As aforementioned, no minor variances are required to facilitate the proposed lot creation and the semi-detached dwelling, to which this application applies, is already substantially constructed. The Consent Application will simply permit separate conveyance of each semi-detached dwelling unit. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained lots are in Page 191 of 268 conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the dimensions and shapes of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The severed lands front onto an established public street and are serviced with municipal services. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Planning Statement, represents good planning, and is in the public interest. Environmental Planning Comments: No comment as no new construction is proposed. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense, and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right-of-way. • The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal o Foundation drains shall drain to a sewer, drainage ditch or dry well. • The side yard currently accommodates overland stormwater flows from the rear yard. 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. Engineering requires a minimum 1 m swale centered on property line. Therefore, the walkway to the side door cannot encroach within the 0.5m from property line towards the house. Page 192 of 268 Parks and Cemeteries/Forestry Division Comments: Cash -in -lieu of park land dedication will be required at the time of severance for the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,862.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage of 8.06 m and a land value of $36,080.00 per frontage meter, which equals $14,540.24. In this case, a per unit cap of $11,862.00 has been applied. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: The owner/applicant is proposing consent to sever to create a new residential lot. Redevelopment is proposed (under construction) for a semi-detached structure (sharing party line) containing a duplex dwelling on each lot (i.e., 2 dwelling units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: - Severed — 320.67sgm with 8.055m frontage - Retained — 320.91 sqm with 8.056m frontage Airport Zoning Regulations (Advisory) The property is located in an area subject to Airport Zoning Regulations. Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane, the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, that there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1.That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 193 of 268 Grand River Conservation Authority Comments: No objections. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2022-173 re Consent Application 82022-029 ATTACHMENTS: • Plan of Survey, prepared by J.D. Barnes Limited, dated January 24, 2025 Page 194 of 268 R I I CONNAUGHT STREET � � � 3 p� LOT 1 g �� d3 O Im o "^ 9- � a LOT 5, REGISTERED PLAN 949 iPART OF BLOCK 'B', REGISTERED PLAN 254 PIN 22589- 0028 (L 7) �Q Nww'a51� (FId1EA5) 3&7w �t7l m. ti -91 a� a w'u75'ir —T AIT MWN DEUIWG w+u aaexT `O saz \ Z 1 ti F ( oa 4 1 N96'H]SYI A'leiCC:ISI aw o A oNW PW 22,597- 0030 (L p �. ISS N s _ 41 N -IlkI L0T 44 PART 2, PLAN 58R-971 � gd KINGSWAY DRIVE Y c qF➢ N `0-¢-_a�mPa• F, vR m^ �m o rn s. 8, F r7* m m a:,:�C7 �7 z �� of ammR a z€ sa Ln ra -09 I x n NO v �sssrg`�m=fig SpA a = O o 41 A '4 rm 'VI ge Page 195 of 268 N* Region of Waterloo Connie Owen Administrative Clerk, Legislative Services Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Dear Ms. Owen: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali, MCIP, RPP File: D20-20/25 CAM October 6, 2025 Re: Comments on Consent Applications — B 2024-031, and B2025-026 through B2025-031 (inclusive) Committee of Adjustment Meeting - October 21, 2025 City of Kitchener Page 1 of 7 Page 196 of 268 File: B2024-031 Address: 829 Stirling Ave S Description: PLAN 785 PT LOT 3 Owner/Applicant: KK Holding Inc c/o Venkata Teja Reddy Thamma The applicant/owner proposes consent to sever to create a new lot. The consent will facilitate the redevelopment of the subject lands with construction of a duplex semi- detached dwelling on each lot (existing structures to be demolished). Minor variance is not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Note the application was deferred by the Committee of Adjustment on November 19, 2024, to allow for the applicant to install the property foundation prior to the severance. Lot configuration is as follows: Retained and Severed -- 362.31 sqm, 7.92m frontage Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees (Advisory) Regional staff are in receipt of the required consent review fee of $350, received November 15, 2024. Regional staff have no objection to this application. Page 2 of 7 Page 197 of 268 File: B2025-026 Address: 96/98 Third Ave Description: PLAN 254 PT BLK B Owner: Dario Bakic, Jovana Bakic, Katarina Bakic Applicant: Bobicon Ltd c/o Boban Jakanovic The owner/applicant is proposing consent to sever to create a new residential lot. Redevelopment is proposed (under construction) for a semi-detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 dwelling units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Severed — 320.67sgm with 8.055m frontage Retained — 320.91 sqm with 8.056m frontage Airport Zoning Regulations (Advisory) The property is located in an area subject to Airport Zoning Regulations. Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane, the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 3 of 7 Page 198 of 268 File: 132025-027-62025-030 (inclusive) Address: 60/62, 64/66 Gage Ave Description: PLAN 402 PT LOT 20 RP 58R12573 PT 1 Owner/Applicant: Jon Crummer; jon@homeridgedesign.com The owner/applicant is proposing consent to sever to create four conveyable parcels and associated easements/right of way. Redevelopment is proposed for a semi- detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Plan 402, Part 2 - Unit 66 (retained) – 343.3sgm with irregular frontage (11.32+11.38+17.08m) - Unit 64 (severed) – 211.9sgm with irregular frontage (5.19+4.62m) Plan 402, Part 3 - Unit 62 (retained) – 211.6sgm with 7.62m frontage - Unit 60 (severed) – 214.4sgm with 7.62m frontage Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 1 00f in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 4 of 7 Page 199 of 268 File: B2025-031 Address: 509 Park St & 54 Mt. Hope St (and portion of 82 York St), Description: PLAN 438 PT LOT 14 PT LOT 15 PT LOT 17 RP 58R838 PT LOT 1 PT LOT 2 PT LOT 9 Owner: Woodhouse Investments c/o Joe Woodhouse Applicant: Up Consulting Ltd c/o David Galbraith; david@upconsulting.ca The owner/applicant is proposing consent to sever for lot addition, to convey part of parcel (509 Park St) to 54 Mt Hope St. The lands are also subject to a conditionally approved consent (B 2024-015), conveying a portion of 82 York St to 509 Park St. to facilitate a proposed development that is currently undergoing site plan approval (SPF25/052/P and SPF25/053/P). The consent will facilitate the proposed residential redevelopment of the conveyed parts or parcel while accommodating existing use on retained lands. The Retained lot will accommodate the existing healthcare building fronting Park St (including access drive, parking, common amenity area). The severed lot (54 Mt Hope St) along with conveyed part of parcel (82 York St - subject to B 2024-015) will accommodate a proposal for 12 -unit stacked townhouses accessed from Mt. Hope St (including access drive). The applicant is proposing to establish reciprocal easement rights (blanket easement) and a development agreement to provide for the coordinated and long-term functioning of the subject lands. Noting that, Part 2 and Part 9 on R -Plan 58R-838, are subject to existing easement as in instrument No. 1518268 pertaining to access/servicing for neighboring property. Minor variances are needed to facilitate the consent in relation to the lot accommodating the residential development. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary, designated Built -Up Area and MTSA (Grand River Hospital Station) in the Regional Official Plan (ROP). Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 100ft in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are one high threat identified on subject property and no medium/high threats identified adjacent to property. Page 5 of 7 Page 200 of 268 Threat ID: 32176 Company: ONTARIO ADDICTION TREATMENT CENTRES Threat Rank: High NAICS: Offices of Physician (622110) Source Table: Waste Generating Companies Record Last Updated: Sep 6, 2013 5:03 AM Hydrogeology & Source Water Protection Plan The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice which will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. 2. That the applicant submit the Notice of Source Protection Plan Compliance (S. 59 Notice) to the satisfaction of the Region of Waterloo. Page 6 of 7 Page 201 of 268 General Comments Any future development on the lands subject to the above -noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above - noted Regional condition clearances. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Thank you, Erica Ali, MCIP, RPP Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Page 7 of 7 Page 202 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 203 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 204 of 268 From: To: Subject: Date: Hello, LANDUSEPLANNING Committee of Adjustment (SM) Kitchener - 96 THIRD AVE - B2025-026 Wednesday, October 15, 2025 7:25:47 PM We are in receipt of your Application for Consent, B2025-026 dated 2025-09-26. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time_ Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stonncentre (hydroone.com) Please select "Search" and locate the address in question by entering the address or by zooming in and out of the snap ? a MENU HELP SEARCH I hyd tune Customers Affected:0 15000 501-5000 0 51-500 0 21-50 V e=20 0 Multiple ® Crew —Service Area u sir Q0ttaw Montreal �� V. ® r Hunt:5veli2 417 417 40Q 17 � o 5 C, rd� � O 4ifi A 0Orlin Kawartha aoa � Lakes vis ° & P2t2rh ,Ugi 0 Kin 9ell�ville � s 115 rlflCeo dWaf Watertown '4° ' a 5 Lzranlpltano Toronto o o Kitchei r � ar,o o o Mississauga a , Hamilton Rochester 4031 Mao data 92019 GDcale 50 km 6____J Terms of Use If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunicationsgHydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thank you, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanninggHydroOne_com Burlir Page 205 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Brian Bateman, Senior Planner, 519-783-8905 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: REPORT NO.: October 8, 2025 DSD -2025-422 SUBJECT: Consent Applications B2025-027 and B2025-028 — 60-62 Gage Avenue Consent Applications B2025-029 and B2025-030 — 64-66 Gage Avenue RECOMMENDATION: A. Consent Application B2025-027 - 60 Gage Avenue (Severed Parcel and Easement in favour of 62 Gage Avenue) That Consent Application B2025-027 for 60 Gage Avenue requesting Consent to sever a parcel of land having a lot width of 7.6 metres on Gage Avenue, a lot depth of 28.5 metres, and a lot area of 214.4 square metres, and to create an easement over the Severed Parcel, in favour of 62 Gage Avenue, measuring 1.5 metres in width and 2.9 metres long, where the common wall is not shared for the purposes of access and maintenance, BE APPROVED subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 206 of 268 4. That the Owner provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Director, Development and Housing Approvals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. That a satisfactory Solicitor's Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 9. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 10. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 11. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal Page 207 of 268 sanitary sewer in the right of way, to the satisfaction of the City's Director of Engineering Services. 12. That the Owner submits a Plan to implement a suitable design solution for a sump pump outlet, to the satisfaction of the City's Director of Engineering Services. 13. That the Owner submit a Final Grading Plan to demonstrate that the drainage of the subject lands will not adversely affect the drainage of adjacent properties or the overall grading control plan, noting that the side yards currently accommodate overland stormwater flows from the rear yard, to the satisfaction of the City's Director of Engineering Services. 14. That at the sole option of the City's Director, Development and Housing Approvals, the Owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Director, Development and Housing Approvals, which shall include the following: a) That the Owner shall prepare a Tree Preservation and Enhancement Plan for the Severed and Retained lands, in accordance with the City's Tree Management Policy, to be approved by the City's Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of 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) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Manager, Site Plans. c) The owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 15. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 16. That prior to final approval, the Owner submits the Consent review fee of $350.00. 17. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. Page 208 of 268 B. Consent Application B2025-028 - 62 Gage Avenue (Retained Parcel - Easement in favour of 60 Gage Avenue) That Consent Application B2025-028 for 62 Gage Avenue requesting Consent to create an easement over the Retained Parcel, in favour of 60 Gage Avenue, measuring 1.5 metres in width and 2.9 metres long, where the common wall is not shared for access and maintenance, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Director, Development and Housing Approvals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. That a satisfactory Solicitor's Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. Page 209 of 268 7. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. C. Consent Application B2025-029 - 64 Gage Avenue (Severed Parcel and Easement in favour of 66 Gage Avenue) That Consent Application B2025-029 for 64 Gage Avenue requesting Consent to sever a parcel of land having a lot width of 7.6 metres on Gage Avenue, a lot depth of 28.3 metres, and a lot area of 211.9 square metres and to create an easement over the Severed Parcel, in favour of 66 Gage Avenue, measuring 1.5 metres in width and 2.9 metres long, where the common wall is not shared for the purposes of access and maintenance, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0 -metre lot line development along the common lot line. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Director, Development and Housing Approvals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted Page 210 of 268 shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. That a satisfactory Solicitor's Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 9. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 10. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 11. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way, to the satisfaction of the City's Director of Engineering Services. 12. That the Owner submits a Plan to implement a suitable design solution for a sump pump outlet, to the satisfaction of the City's Director of Engineering Services. 13. That the Owner submit a Final Grading Plan to demonstrate that the drainage of the subject lands will not adversely affect the drainage of adjacent properties or the overall grading control plan, noting that the side yards currently accommodate overland stormwater flows from the rear yard, to the satisfaction of the City's Director of Engineering Services. 14. That at the sole option of the City's Director, Development and Housing Approvals, the Owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Director, Development and Housing Approvals, which shall include the following: a) That the Owner shall prepare a Tree Preservation and Enhancement Plan for the Severed and Retained lands, in accordance with the City's Tree Page 211 of 268 Management Policy, to be approved by the City's Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of 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) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Manager, Site Plans. c) The owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 15. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 16. That prior to final approval, the owner/applicant submits the Consent review fee of $350.00. 17. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. D. Consent Application B2025-030 - 66 Gage Avenue (Retained Parcel - Easement in favour of 64 Gage Avenue) That Consent Application B2025-030 for 66 Gage Avenue requesting Consent to create an easement over the Retained Parcel, in favour of 64 Gage Avenue, measuring 1.5 metres in width and 2.9 metres long, where the common wall is not shared for access and maintenance, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot Page 212 of 268 lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Director, Development and Housing Approvals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. That a satisfactory Solicitor's Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 7. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. REPORT HIGHLIGHTS: • The purpose of this report is to assess a request for Consent to sever two (2) Semi - Detached building lots so that each half of the semi-detached dwelling units can be dealt with and serviced independently. • The key finding of this report is that the applications for Consent are deemed good planning. • 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. • This report supports the delivery of core services. BACKGROUND: The subject properties, 60-62 Gage Avenue and 64-66 Gage Avenue are located at the southwesterly bend of Gage Avenue (see Figure 1). Page 213 of 268 48 PKi, �2'i:31 s 44 454' 9i 73 42W. Sub `ect Propert 44 - z, J P Y 33 _ 6 1' _353G &'S • 34 l2 34 !30 ;p 29 .� 66 ffi 94' •�� .. 102 ` A{i Figure 1 —Aerial Photograph In August of 2024, the Committee of Adjustment considered and approved Consent Application B2024-021 for 62 Gage Avenue to facilitate the demolition of the existing Single Detached Dwelling and sever the property into 2 lots to create 2 new Semi - Detached Dwellings. This application was only to create the whole of the 2 separate semi- detached building lots. It was intended that future Consent Applications would be submitted to enable each half of the semi-detached dwellings to be dealt with independently. Figure 2 shows that the Semi -Detached Dwelling on the property addressed as 60-62 Gage has been substantially constructed whereas the foundation is getting ready to be poured for the Semi -Detached Dwelling proposed for 64-66 Gage Avenue (see Figure 3). Page 214 of 268 .--. iwM�.E R1f(NUE 115 Severed Lir Figure 2 — Consent Application B2024-021 — 62 Gage Avenue Figure 2 — Photograph of 60 and 62 Gage Avenue Page 215 of 268 rigure 3 — Pnotograpn of where s4 and ss wage Avenue wiii t e constructed Figure 4 — Consent Plans for 60-66 Gage Avenue (source: Grit Engineering) Page 216 of 268 GAGE AVENUE ,I E'.E i1=• trcra+�Lr aro�Rr LME FEosTE�x =L+-" Ica: EiN 224,53-O!3iiyLT1 = I'...Tti1uEVT wL4i 3', g�.y� -- --� - 5. Ri l -E . ET -I E Jii a a Sr}�- i.�z iu PIN 22433-0197(LT) f F x E`I.EkTPL w § 1 i 1.54 20 a la v5 x Y 50 n �... -- 2.69 PROPOSED _ �,i� _., 'y 4 { Lawns T[3 BE `E+EPEQ AREA= MAINTENACE p ,gsam EASEMENTS � L y oys� X { :i '•5 Acrc _ � i ' B4 1y w 53" 74 -E a — 28 "_ \ C 1 _ LANDS TO BE RETWwES RE -- Ea-211: 211 0 2.67 Ca y V it -i J ICT [s SE4ERE8TAREA= SIE ev. ' J-` 314.4 m L T cn a 0.95 AA cre , .. N6318 �'-fix"E 2A..`.7 �4 � _ 4 e constructed Figure 4 — Consent Plans for 60-66 Gage Avenue (source: Grit Engineering) Page 216 of 268 The subject properties are identified as `Community Areas' on Map 2 — Urban Structure and are designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. The purpose of the Applications is to sever the two (2) Semi -Detached Dwellings, located on 60-62 and 64-66 Gage Avenue, so that each half of the semi-detached dwelling can be dealt with and serviced independently (see Figure 4). Additionally, because the walls of the semi-detached dwelling units along the common lot line are offset, Consent is required to permit easements for access and maintenance purposes where the wall is not shared and jointly used. It is noted that the foundations for the future buildings/dwellings have not yet been poured and/or surveyed and a Reference Plan and Building Location Survey was not provided and submitted with the Consent Applications. Typically, best practices dictate that prior to the Consent of a property proposed to contain an attached dwelling, the foundation is to be set and surveyed so as to accurately capture the new lot line as constructed. The City is cognisant of the construction challenges and excavation costs that this process poses, and as such, will permit Consent Applications to proceed ahead of the foundation being poured and surveyed. The Applicant is submitting these applications with confidence that the existing and future foundations will coincide with the proposed lot dimensions and setbacks and is proceeding with the applications at this time `at their own risk'. A new condition is proposed to be added to these types of Consent Approvals as follows: "That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals." Should the common wall of the foundation not be located on the common lot line, or the setbacks of the building/dwelling do not meet zoning requirements, the Applicant will be required to rectify and/or submit Committee of Adjustment Applications to resolve the errors and/or deficiencies at their own expense. REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) Staff are satisfied that the proposed infill severance applications are consistent with the Provincial Planning Statement in general and as it related to housing policies in Chapter 2 regarding intensification and facilitating housing options. Section 2.2 1 (b) states that Page 217 of 268 Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by permitting and facilitating all housing options required to meet the social, health, economic and well-being requirements of current and future residents. Regional Official Plan (ROP): The Region of Waterloo is an upper -tier municipality without planning responsibilities. The More Homes Built Faster Act, 2022, amended the Planning Act by transferring planning responsibilities from upper -tier governments across the Province, including the Region of Waterloo to local municipalities. The Region is responsible for commenting on the infrastructure and service delivery that the Region of Waterloo delivers to the community, such as Public Health and Paramedic Services, Affordable Housing, source water protection, water and wastewater infrastructure, transit and transportation, waste management, and the Region of Waterloo International Airport. As a result, the Region no longer has a ROP as it is now an Official Plan for area municipalities who are responsible for implementation of the ROP until it is repealed through a future Area Municipal planning exercise. ROP Urban Area policies state that the focus of the Region's future growth shall be within the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2. D.1 of the ROP as this neighbourhood provides for the physical and community infrastructure required for the proposed residential development, including transportation networks, municipal water and wastewater systems, and a broad range of social and public health services. Regional polices require municipalities to plan for a range of housing in terms of form, tenure, density, and affordability to satisfy the various physical, social, economic, and personal support needs of current and future residents. Staff are satisfied that the proposed severance applications adhere to these policies and conforms to the ROP.] City's Official Plan (2014) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; Page 218 of 268 d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." Zoning By-law 2019-051 The properties are zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. The use of a semi-detached dwelling is permitted and review of the severance sketches confirm that the lots and dwellings located thereon will comply with the 'RES -4' zoning regulations. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The severed lands front onto an established public street and are serviced with municipal services. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Planning Statement, and is good planning and in the public interest. Environmental Planning Comments: Standard condition to complete a Tree Preservation/Enhancement Plan to determine if any of the trees remaining near property lines and/or in shared ownership have been harmed by the construction activity that occurred without study or tree protection have been harmed, need remedial arboricultural actions, or other remedies such as removal. Heritage Planning Comments: The property municipally addressed as 60 Gage Avenue has no heritage status. It is, however, located adjacent to 85 and 99 Strange Street, properties which are listed as non- designated properties of cultural heritage value or interest on the City's Municipal Register. The subject property is also located within the Warehouse District 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 severance and easement will not have an impact on the CHL's attributes, and on the listed properties. Thus, staff have no concerns. Page 219 of 268 Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: B2025-027 — 60 Gage Avenue • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, and water municipal services are currently available to service this property. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense, and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. • The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal oFoundation drains shall drain to a sewer, drainage ditch or dry well. • The side yard currently accommodates overland stormwater flows from the rear yard. 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. Engineering requires a minimum 1 metre swale centered on property line. Therefore, the walkway to the side door cannot encroach within the 0.5 metres from property line towards the house. B2025-028 — 62 Gage Avenue • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, and water municipal services are currently available to service this property. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense, and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. Page 220 of 268 • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. • The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal oFoundation drains shall drain to a sewer, drainage ditch or dry well. • The side yard currently accommodates overland stormwater flows from the rear yard. 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. Engineering requires a minimum 1 metre swale centered on property line. Therefore, the walkway to the side door cannot encroach within the 0.5 metre from property line towards the house. B2025-029 — 64 Gage Ave. • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, and water municipal services are currently available to service this property. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense, and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. • The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal oFoundation drains shall drain to a sewer, drainage ditch or dry well. • The side yard currently accommodates overland stormwater flows from the rear yard. 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. Engineering requires a minimum 1 metre swale centered on property line. Therefore, the walkway to the side door cannot encroach within the 0.5 metres from property line towards the house. Page 221 of 268 B2025-030 — 66 Gage Ave. • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, and water municipal services are currently available to service this property. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense, and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. • The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal oFoundation drains shall drain to a sewer, drainage ditch or dry well. • The side yard currently accommodates overland stormwater flows from the rear yard. 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. Engineering requires a minimum 1 metre swale centered on property line. Therefore, the walkway to the side door cannot encroach within the 0.5 metres from property line towards the house. Parks and Cemeteries/Forestry Division Comments: B2025 — 027 — 60 Gage Avenue (Future Severed) Cash -in -lieu of park land dedication will be required at the time of severance for the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,862. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage of 7.62 m and a land value of $36,080 per frontage meter, which equals $13,746.48. In this case, a per unit cap of $11,862.00 has been applied. B2025 — 028 — 62 Gage Avenue (Future Retained) No concerns, no requirements. B2025 — 029 — 64 Gage Avenue (Future Severed) Cash -in -lieu of park land dedication will be required at the time of severance for the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,862. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage of 7.64 m and a land value of $36,080 per frontage meter, which equals $13,782.56. In this case, a per unit cap of $11,862.00 has been applied. Page 222 of 268 B2025 — 030 — 66 Gage Avenue (Future Retained) No concerns, no requirements. Transportation Planning Comments: No concerns. Region of Waterloo Comments: The owner/applicant is proposing Consent to sever to create four conveyable parcels and associated easements/right of way. Redevelopment is proposed for a semi-detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Plan 402, Part 2 - Unit 66 (retained) — 343.3sgm with - Unit 64 (severed) — 211.9sgm with Plan 402, Part 3 - Unit 62 (retained) — 211.6sgm with - Unit 60 (severed) — 214.4sgm with irregular frontage (11.32+11.38+17.08m) irregular frontage (5.19+4.62m) 7.62m frontage 7.62m frontage Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 1 00f in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting that there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): That the applicant submit the Regional Consent Review fee of $350.00 per application to the satisfaction of the Region of Waterloo. Page 223 of 268 2. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. GRCA Comments: Grand River Conservation Authority (GRCA) staff have reviewed the Consent Applications. GRCA has no objection to the approval of the Consent 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2024-357, Consent Application 82024-021 Page 224 of 268 From: Becca Robinson <Becca.Robinson(Okitchener.ca> Sent: Wednesday, October 15, 2025 11:01 AM To: Tina Malone -Wright <Tina.MaloneWright a kitchener.ca> Subject: Re: ACTION REQUIRED - Committee of Adjustment Application Review—October 21, 2025 Meeting Hi Tina, I have updated my comments for these applications as follows (below). I've attached an updated word doc as well. B2025 — 027 — 60 Gage Avenue (future severed) Cash -in -lieu of park land dedication will be required at the time of severance for the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,862. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage of 7.62 m and a land value of $36,080 per frontage meter, which equals $13,746.48. In this case, a per unit cap of $11,862 has been applied. B2025-028-62 Gage Avenue (future retained) No concerns, no requirements B2025 — 029 — 64 Gage Avenue (future severed) Cash -in -lieu of park land dedication will be required at the time of severance for the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,862. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage of 7.64 m and a land value of $36,080 per frontage meter, which equals $13,782.56. In this case, a per unit cap of $11,862 has been applied. B2025 — 030 — 66 Gage Avenue (future retained) No concerns, no requirements Thanks, Becca Robinson, MLA, OALA, CSLA Parks Planning & Development Project Manager Development and Housing Approvals / City of Kitchener 519-904-5778 / Becca.Robinson(a-)I<itchener.ca Page 225 of 268 N* Region of Waterloo Connie Owen Administrative Clerk, Legislative Services Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Dear Ms. Owen: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali, MCIP, RPP File: D20-20/25 CAM October 6, 2025 Re: Comments on Consent Applications — B 2024-031, and B2025-026 through B2025-031 (inclusive) Committee of Adjustment Meeting - October 21, 2025 City of Kitchener Page 1 of 7 Page 226 of 268 File: B2024-031 Address: 829 Stirling Ave S Description: PLAN 785 PT LOT 3 Owner/Applicant: KK Holding Inc c/o Venkata Teja Reddy Thamma The applicant/owner proposes consent to sever to create a new lot. The consent will facilitate the redevelopment of the subject lands with construction of a duplex semi- detached dwelling on each lot (existing structures to be demolished). Minor variance is not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Note the application was deferred by the Committee of Adjustment on November 19, 2024, to allow for the applicant to install the property foundation prior to the severance. Lot configuration is as follows: Retained and Severed -- 362.31 sqm, 7.92m frontage Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees (Advisory) Regional staff are in receipt of the required consent review fee of $350, received November 15, 2024. Regional staff have no objection to this application. Page 2 of 7 Page 227 of 268 File: B2025-026 Address: 96/98 Third Ave Description: PLAN 254 PT BLK B Owner: Dario Bakic, Jovana Bakic, Katarina Bakic Applicant: Bobicon Ltd c/o Boban Jakanovic The owner/applicant is proposing consent to sever to create a new residential lot. Redevelopment is proposed (under construction) for a semi-detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 dwelling units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Severed — 320.67sgm with 8.055m frontage Retained — 320.91 sqm with 8.056m frontage Airport Zoning Regulations (Advisory) The property is located in an area subject to Airport Zoning Regulations. Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane, the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 3 of 7 Page 228 of 268 File: 132025-027-62025-030 (inclusive) Address: 60/62, 64/66 Gage Ave Description: PLAN 402 PT LOT 20 RP 58R12573 PT 1 Owner/Applicant: Jon Crummer; jon@homeridgedesign.com The owner/applicant is proposing consent to sever to create four conveyable parcels and associated easements/right of way. Redevelopment is proposed for a semi- detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Plan 402, Part 2 - Unit 66 (retained) – 343.3sgm with irregular frontage (11.32+11.38+17.08m) - Unit 64 (severed) – 211.9sgm with irregular frontage (5.19+4.62m) Plan 402, Part 3 - Unit 62 (retained) – 211.6sgm with 7.62m frontage - Unit 60 (severed) – 214.4sgm with 7.62m frontage Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 1 00f in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 4 of 7 Page 229 of 268 File: B2025-031 Address: 509 Park St & 54 Mt. Hope St (and portion of 82 York St), Description: PLAN 438 PT LOT 14 PT LOT 15 PT LOT 17 RP 58R838 PT LOT 1 PT LOT 2 PT LOT 9 Owner: Woodhouse Investments c/o Joe Woodhouse Applicant: Up Consulting Ltd c/o David Galbraith; david@upconsulting.ca The owner/applicant is proposing consent to sever for lot addition, to convey part of parcel (509 Park St) to 54 Mt Hope St. The lands are also subject to a conditionally approved consent (B 2024-015), conveying a portion of 82 York St to 509 Park St. to facilitate a proposed development that is currently undergoing site plan approval (SPF25/052/P and SPF25/053/P). The consent will facilitate the proposed residential redevelopment of the conveyed parts or parcel while accommodating existing use on retained lands. The Retained lot will accommodate the existing healthcare building fronting Park St (including access drive, parking, common amenity area). The severed lot (54 Mt Hope St) along with conveyed part of parcel (82 York St - subject to B 2024-015) will accommodate a proposal for 12 -unit stacked townhouses accessed from Mt. Hope St (including access drive). The applicant is proposing to establish reciprocal easement rights (blanket easement) and a development agreement to provide for the coordinated and long-term functioning of the subject lands. Noting that, Part 2 and Part 9 on R -Plan 58R-838, are subject to existing easement as in instrument No. 1518268 pertaining to access/servicing for neighboring property. Minor variances are needed to facilitate the consent in relation to the lot accommodating the residential development. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary, designated Built -Up Area and MTSA (Grand River Hospital Station) in the Regional Official Plan (ROP). Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 100ft in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are one high threat identified on subject property and no medium/high threats identified adjacent to property. Page 5 of 7 Page 230 of 268 Threat ID: 32176 Company: ONTARIO ADDICTION TREATMENT CENTRES Threat Rank: High NAICS: Offices of Physician (622110) Source Table: Waste Generating Companies Record Last Updated: Sep 6, 2013 5:03 AM Hydrogeology & Source Water Protection Plan The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice which will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. 2. That the applicant submit the Notice of Source Protection Plan Compliance (S. 59 Notice) to the satisfaction of the Region of Waterloo. Page 6 of 7 Page 231 of 268 General Comments Any future development on the lands subject to the above -noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above - noted Regional condition clearances. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Thank you, Erica Ali, MCIP, RPP Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Page 7 of 7 Page 232 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 233 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 234 of 268 From: LANDUSEPLANNING To: Committee of Adjustment (SM) Subject: Kitchener - 60, 62, 64 & 66 Gage Ave - B2025-027, 82025-028, B2025-029 & B2025-030 Date: Wednesday, October 15, 2025 7:24:33 PM Hello, We are in receipt of your Application for Consent, B2025-027, B2025-028, B2025-029 & B2025-030 dated 2025-09-26 We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stonncentre (hydroone.com) Please select "Search" and locate the address in question by entering the address or by zooming in and out of the snap. ? a MENU HELP SEARCH I hyd tune Customers Affected:0 15000 501-5000 0 51-500 0 21-50 V e=20 0 Multiple ® Crew —Service Area u sir Q0ttaw Montreal �� V. ® r Hunt:5veli2 417 417 40Q 17 � o 5 C, rd� � O 4ifi A 0Orlin Kawartha aoa � Lakes vis ° & P2t2rh ,Ugi 0 Kin 9ell�ville � s 115 nflCeo dWaf Watertown '4° ' a 5 Lzranlpltano Toronto o o Kitchei r � ar,o o o Mississauga a , Hamilton Rochester 4031 Mao data 92019 GDcale 50 km 6____J Terms of Use If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunicationsgHydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thank you, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanninggHydroOne_com Burlir Page 235 of 268 From: To: Subject: Date: Hello, LANDUSEPLANNING Planning Applications (SM); Committee of Adjustment (SM) Kitchener - 64 Gage Ave - B2025-029 Wednesday, October 15, 2025 7:23:22 PM We are in receipt of your Application for Consent, B2025-029 dated 2025-09-26. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time_ Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stonncentre (hydroone.com) Please select "Search" and locate the address in question by entering the address or by zooming in and out of the snap ? a MENU HELP SEARCH I hyd tune Customers Affected:0 15000 501-5000 0 51-500 0 21-50 V e=20 0 Multiple ® Crew —Service Area u sir Q0ttaw Montreal �� V. ® r Hunt.5veli2 417 417 40Q 17 � o 5 C, rd� � O 4ifi A 0Orlin Kawartha aoa � Lakes vis ° & P2t2rh ,Ugi 0 Kin 9ell�ville � s 115 rlflCeo dWaf Watertown '4° ' a 5 Lzranlpltano Toronto o o Kitchei r � ar,o o g Mississauga a , Hamilton Rochester 4031 Mao data 92019 Google 50 km 6____J Terms of Use If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunicationsgHydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thank you, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanninggHydroOne_com Burlir Page 236 of 268 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 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 9 DATE OF REPORT: REPORT NO.: October 8, 2025 DSD -2025-428 SUBJECT: Minor Variance Application A2025-112 - 54 Mt. Hope Street and a Portion of 509 Park Street Consent Application B2025-031 - 509 Park Street RECOMMENDATION: A. Minor Variance Application A2025-112 - 54 Mt. Hope Street and a Portion of 509 Park Street (Lot Addition - B2025-031) That Minor Variance Application A2025-112 for 54 Mt. Hope Street and a portion of 509 Park Street (Lot Addition - B2025-031) requesting relief from Section 6.3.2 a), Table 6-3, of Zoning By-law 2019-051 to permit: i) a minimum lot area of 679 square metres instead of the minimum required 700 square metres; ii) a minimum rear yard setback of 1.8 metres instead of the minimum required 7.5 metres; and, iii) a minimum landscaped area of 29% instead of the minimum required 30%; to facilitate the construction of a 12 -unit, stacked townhouse development in accordance with Site Plan Application SP25/052/P, BE APPROVED. B. Consent Application B2025-031 - 509 Park Street That Consent Application B2025-031 requesting Consent to sever a parcel of land from 509 Park Street to convey as a lot addition to 54 Mt. Hope Street, having a lot width of 31.4 metres on Mt. Hope Street, a depth of 20 metres, and a lot area of 679 square metres, and to grant a Partial Discharge of a Mortgage if required, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2025-112 receive final approval. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 237 of 268 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the lands to be severed be added to the abutting lands, municipally known as 54 Mt. Hope Street, and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. PA 3, as amended. 4. That at the sole discretion of the City Solicitor, the Owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. 5. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes of the subject property(ies) to the satisfaction of the City's Revenue Division. 6. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 7. That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and, if applicable, the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. 8. That prior to final approval, the Owner submit the Regional Consent Review fee of $350.00 to the satisfaction of the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to review and make recommendations with respect to Minor Variance and Consent Applications for 54 Mt. Hope Street and 509 Park Street. The key finding of this report is that staff find both the Minor Variance and Consent Applications are supported and approval is recommended. Page 238 of 268 • 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. • This report supports the delivery of core services. BACKGROUND: 509 Park Street is located on the southern side of Park Street, west of the intersection of Mt. Hope Street. The site contains one non-residential building, currently tenanted by a health clinic. One access point is located on the Park Street frontage, a one-way in, leading to a surface parking area to the rear of the property. The site also has an access and egress point along Mt. Hope Street, which is the area of the site that will be conveyed to the abutting 54 Mt. Hope Street. 54 Mt. Hope Street is located on the western side of Mt. Hope Street, a short distance south of the intersection with Park Street. The site is currently vacant. Figure 1: Aerial View Of 509 Park Street (Red) And 54 Mt. Hope Street (Blue) Page 239 of 268 ure 2: 509 Park Street (Taken October 3, 2025) Figure 3: 54 Mt. Hope Street (Taken October 3, 2025) The subject properties are identified as `Protected Major Transit Station Area' on Map 2 — Urban Structure and are designated `Strategic Growth Area A' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Mid Rise Growth Zone (SGA -2)' in Zoning By-law 2019-051. Page 240 of 268 Figure 4: Zoning By -Law 2019-051 (Site In Red) The purpose of the applications are to implement the `Conditionally Approved' Site Plan Applications for 509 Park Street and 54 Mt. Hope Street (SPA25/052/ and SPA25/053/P, respectively). A total of three variances are required to facilitate the Site Plan Applications: • 679 square metres instead of the minimum required 700 square metres; • a minimum rear yard setback of 1.8 metres instead of the minimum required 7.5 metres; and, • a minimum landscaped area of 29% instead of the minimum required 30%. The variances are ultimately a result of the new lot arrangement. 54 Mt. Hope Street is proposed to be redeveloped for 12 stacked townhouse units, with the Consent application establishing this new lot area. As illustrated on the following Site Plan, a variety of matters will need to be implemented through easement(s) (including access, waste removal, amenity space). At the direction of the applicant, these will be implemented through blanket easements, which do not require Committee of Adjustment approval. Page 241 of 268 PARK STREET m 9RAAEC wW'EAi• INE �_ 1 EXISi1M1IG 1 IX4CTTNG MLLT1-RESK)ENTLAL EKST NG N` - RESIDEtJ1AL 1 OF-rICE E?3aRtJG W RESIDENTL4L W f '_HEC .Er — f+l+ a �G GibwIFY i rr j L ET"! '' BLOCK A 5 = 2V -3S TH-STK r E. E, E, (12 L�Ms) -_ ; W u 5 S - - 6 '. 33 COM1!€NO4 lVMEN n r u W LO1 5 b II'E +j %EX.r SHED t J >(I- ING RESIC=fFI:.L IX Figure 5: Site Plan REPORT: Planning Comments for Minor Variance Application A2025-112: 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 Policy 15.D.2.5. provides direction on Minor Variance Applications for the SGA land use designations - Page 242 of 268 Notwithstanding policies 4. C. 1.8 and 4. C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or amendment to the Zoning By-law, and/or seek to amend this Plan will consider the following factors.- a) actors: a) Compatibility with the planned function of the subject lands and adjacent lands,- b) ands,b) Suitability of the lot for the proposed use and/or built form,- c) orm,c) Lot area and consolidation as further outlined in Policy 3. C.2.11; d) Compliance with the City's Urban Design Manual and Policy 11. C. 1.34; e) Cultural heritage resources, including Policy 15.D.2.8; and f) Technical considerations and other contextual or site specific factors. The two properties are proposed, and conditionally approved, to function as one large lot with shared parking and amenity areas. The new lot area for 54 Mt. Hope is suitably large for the proposed redevelopment, considering the comprehensive approach to the relationship between the two properties. Accordingly, the variances will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metre rear yard is to provide amenity space, as well as separation distance to neighbouring properties. The rear lot line, while on paper is a lot line, does not functionally serve as one. The rear lot line was drawn as a logical separation between the residential development and shared parking area; it is not a lot line that will be fenced. The functional rear lot line is the western lot line of 509 Park Street, which is more than 25 metres away at its nearest point. Functionally, the intent of the rear yard setback is met. A similar rationale can be applied to the variances regarding minimum lot area and minimum landscaped area. The shared parking and common amenity space, while technically on a different property, will functionally be part of 54 Mt. Hope Street (access secured via easement(s)). When including these areas, the functional lot area is more than 1,400 square metres. The provision for landscaped area is to ensure sufficient soft and landscaped and amenity areas are provided on a site. The common amenity area in the rear corner of 509 Park Street will be shared with 54 Mt. Hope Street, and while not on the 54 Mt. Hope Street property, meets the intent for minimum landscaped area. Accordingly, the variances will maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? As noted in this report, the three variances are ultimately a result of a new lot line being drawn. Had the new lot line been drawn slightly further inward on the 509 Park Street property, the variances may have been avoided; however, the resulting lot arrangement would be irregular and illogical (more so than what is proposed) and potentially over- complicated the easement(s) required for the functioning of the two sites. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances are largely technical in nature due to the location of the new rear lot line. The variances are desirable and appropriate as they will facilitate a redevelopment Page 243 of 268 of the lands which are in close proximity to transit and will contribute to the mix of housing available in the area. Planning Comments Consent Application B2025-003: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) Staff are satisfied that the proposed Consent Application to facilitate a lot addition is consistent with the Provincial Planning Statement in general and as it related to housing policies in Chapter 2 regarding intensification and facilitating housing options. Section 2.2 1 (b) states that Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by permitting and facilitating all housing options required to meet the social, health, economic and well-being requirements of current and future residents. Regional Official Plan (ROP): The Region of Waterloo is an upper -tier municipality without planning responsibilities. The More Homes Built Faster Act, 2022, amended the Planning Act by transferring planning responsibilities from upper -tier governments across the Province, including the Region of Waterloo to local municipalities. The Region is responsible for commenting on the infrastructure and service delivery that the Region of Waterloo delivers to the community, such as Public Health and Paramedic Services, Affordable Housing, source water protection, water and wastewater infrastructure, transit and transportation, waste management, and the Region of Waterloo International Airport. As a result, the Region no longer has a ROP as it is now an Official Plan for area municipalities who are responsible for implementation of the ROP until it is repealed through a future Area Municipal planning exercise. ROP Urban Area policies state that the focus of the Region's future growth shall be within the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2. D.1 of the ROP as this neighbourhood provides for the physical and community infrastructure required for the proposed residential development, including transportation networks, municipal water and wastewater systems, and a broad range of social and public health services. Regional polices require municipalities to plan for a range of housing in terms of form, tenure, density, and affordability to satisfy the various physical, social, economic, and personal support needs of current and future residents. Staff are satisfied that the proposed Consent Application adheres to these policies and conforms to the ROP. City of Kitchener Official Plan (2014) Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development, lot creation, including lot additions (Consent Policies). These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where.- Page here: Page 244 of 268 a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies,- b) eficiencies, b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations,- c) onfigurations, c) all of the criteria for plan of subdivision are given due consideration,- d) onsideration, d) the lot will have frontage on a public street; e) municipal water services are available, f) municipal sanitary services are available except in accordance with Policy 14. C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." 54 Mt. Hope Street is currently 257 square metres in area and is proposed to have an additional 423 square metres added for a total area of roughly 679 square metres. While the new lot will have a longer frontage along Mt. Hope Street than other properties along the street, the roughly 32 metre frontage is a reasonable length to accommodate intensification and not be out of place with the surrounding area. Additionally, the resulting lot is generally consistent with the current site conditions; an access driveway to the surface parking area of 509 Park Street is maintained, and the residential properties are oriented to Mt. Hope Street. Zoning By-law 2019-051 Both 509 Park Street and 54 Mt. Hope Street are zoned `SGA -2' in Zoning By-law 2019- 051. The following table outlines the `SGA -2' zone requirements and conformity of the new 509 Park Street and 54 Mt. Hope Street lots: Zone Provision 509 Park Street 54 Mt. Hope Requirement Provided Conformity Requirement Provided Conformity Minimum Lot 15 m Existing Yes 18 m 31 m Yes Width Minimum Lot 600 m2 1,160 Yes 700 m2 679 m2 No Area m2 Minimum Front 4.5 m Existing Yes 4.5 m 4.5 m Yes Yard Setback Minimum 4.0 m Existing Yes 4.0 m N/A Yes Exterior Side Yard Setback Page 245 of 268 Minimum Rear 7.5 m Existing Yes 7.5 m 3 m No Yard Setback Minimum 2.5 m Existing Yes 2.5 m 8 m Yes Interior Side Yard Setback A Minimum 2.5 m Existing Yes 2.5 m 3 m Yes Interior Side Yard Setback B Minimum Floor 0.6 Existing Yes 0.6 1.66 Yes Space Ratio Maximum 36 m Existing Yes 36 m 20 m Yes Building Length Minimum street 20% Existing Yes 20% 25% Yes line fagade openings Minimum 30% Existing Yes 30% 29% No landscaped area Minimum rear 40% Existing Yes 40% 40% Yes yard landscaped area The noted compliance deficiencies are addressed through Minor Variance Application A2025-112. As the properties are in an 'SGA' zone, there are no minimum vehicle parking requirements. There is a maximum vehicle parking limit, which is determined by the amount of parking provided where the existing amount is above the maximum. 509 Park Street is above the zoning maximum, but no new parking spaces are proposed; therefore, the property complies. Bicycle parking spaces for 54 Mt. Hope Street are provided internal to the residential building, with the Type B spaces being located on 509 Park Street. Agreements will need to be in place to satisfy the zoning requirement, as directed by the 'Conditional Approval' of the Site Plan Applications. Environmental Planning Comments: No natural heritage features/functions. Trees and Tree Management Policy compliance would have been/will be addressed by Urban Designer as part of the Site Plan Application. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Page 246 of 268 I-- 41 3.01 R 1� RETAINEDLOTARE4: RETAINED LrJT`\`�, 1,610.6SOM X509 PARKj, \\ jj 6� r - I I LANDS SEVERED LANDS REfAIhED LANDSTO MERGE WITH SEVERED I M �54 MOUNT H�@-, ` 2 a1mz.- ,5G -° P1 85I EXISTING r PARCEL �� 1 LJ bl AREA TO BE CONVEYED i TO 54 MOUNT HOPE o 423.11 m.2 SEVEREu IR - BLOCK A _ rY 21'-3S-TH-STK o 1 (12 Units) INST 1518268 L I F E.'EREC RIC HT-OF-'h'A'Y FOR SHED 67C SCM MAINTENANCE I- I l I AREA TO BE CONVEYED i TO 54 MOUNT HOPE o 423.11 m.2 SEVEREu IR - EA 3EMENT IN FA 07 LANDSTO THE SOUTH tis IN INST 1518268 PART 9. 58R-938 F RIC HT-OF-'h'A'Y FOR SHED � MAINTENANCE Figure 6: Severance Sketch Engineering Division Comments: A2025-112 No concerns. R,)n,)ti-n*i1 W W O TO MERGE • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense, and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. Page 247 of 268 The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal o Foundation drains shall drain to a sewer, drainage ditch or dry well. Parks and Cemeteries/Forestry Division Comments: All Parks and Forestry requirements, including required parkland dedication, will be addressed through SPF25/052/P and SPF25/053/P. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo: Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 100ft in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are one high threat identified on subject property and no medium/high threats identified adjacent to property. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Six Nations of the Grand River Elected Council (SNGREC) Comments: Advisory comments: Comments relate to the overall development. Please convey these comments to the proponent and for any further stages of the application. 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 Page 248 of 268 proposal undermines those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by the proponent. Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. Please see the City of Toronto's bird friendly practices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d 1 c-Bird- Friend Iy-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/upload s/2018/03/8ff6-city-pIan n inq-bird-effective- lighting.pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. 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. SNGREC requests that the proponent commits to these actions during this phase of the application. Planning Staff Response.- Planning esponse:Planning Staff note that the Treaty Rights Compensation comments are `advisory' at this time and will work with the Owner/Applicant during the Site Plan Approval process to address the Bird and Light Friendly Design and Landscaping comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. Notice of the application is also mailed to all property owners within 30 Page 249 of 268 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 ATTACHMENTS: Attachment A — Site Plan Attachment B — Severance Sketch Page 250 of 268 Attachment A — Site Plan MT HOPE .STREET iz IR n G Ili -a Page 251 of 268 Attachment B - Severance Sketch ff. c \-- 1 r I �1 I I I I� I r �. 54MOL1NTHOP" 257.01 m2 ' f _ ;.® 1851 EXISTING / PARCEL L1 / �1 ' b All N r I RETAINED LOT AREA RETAINED LOT r 1,610.88W (509 PARK} \\\\\\w\ \ \\ 3 EASEMENT IN FAdOLR OF THE LANDS TO THE SOUTH AS IN INST. '1518268 PART 5, 58R-K1L RIGHT -OF -'NAY FOR SH ED MAINTENANCE BLOCK A 1 21'-3S-TH-STK _ (12 Units) I tE REE: LOTAREA: 67e SCH AREA TO BE CONVEYE[] �lj� TO 54 MOUNT HOPE m 423.11 m2 SEVERILL1 IR TO MERGE Page 252 of 268 N* Region of Waterloo Connie Owen Administrative Clerk, Legislative Services Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Dear Ms. Owen: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali, MCIP, RPP File: D20-20/25 CAM October 6, 2025 Re: Comments on Consent Applications — B 2024-031, and B2025-026 through B2025-031 (inclusive) Committee of Adjustment Meeting - October 21, 2025 City of Kitchener Page 1 of 7 Page 253 of 268 File: B2024-031 Address: 829 Stirling Ave S Description: PLAN 785 PT LOT 3 Owner/Applicant: KK Holding Inc c/o Venkata Teja Reddy Thamma The applicant/owner proposes consent to sever to create a new lot. The consent will facilitate the redevelopment of the subject lands with construction of a duplex semi- detached dwelling on each lot (existing structures to be demolished). Minor variance is not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Note the application was deferred by the Committee of Adjustment on November 19, 2024, to allow for the applicant to install the property foundation prior to the severance. Lot configuration is as follows: Retained and Severed -- 362.31 sqm, 7.92m frontage Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees (Advisory) Regional staff are in receipt of the required consent review fee of $350, received November 15, 2024. Regional staff have no objection to this application. Page 2 of 7 Page 254 of 268 File: B2025-026 Address: 96/98 Third Ave Description: PLAN 254 PT BLK B Owner: Dario Bakic, Jovana Bakic, Katarina Bakic Applicant: Bobicon Ltd c/o Boban Jakanovic The owner/applicant is proposing consent to sever to create a new residential lot. Redevelopment is proposed (under construction) for a semi-detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 dwelling units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Severed — 320.67sgm with 8.055m frontage Retained — 320.91 sqm with 8.056m frontage Airport Zoning Regulations (Advisory) The property is located in an area subject to Airport Zoning Regulations. Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane, the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 3 of 7 Page 255 of 268 File: 132025-027-62025-030 (inclusive) Address: 60/62, 64/66 Gage Ave Description: PLAN 402 PT LOT 20 RP 58R12573 PT 1 Owner/Applicant: Jon Crummer; jon@homeridgedesign.com The owner/applicant is proposing consent to sever to create four conveyable parcels and associated easements/right of way. Redevelopment is proposed for a semi- detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built -Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Plan 402, Part 2 - Unit 66 (retained) – 343.3sgm with irregular frontage (11.32+11.38+17.08m) - Unit 64 (severed) – 211.9sgm with irregular frontage (5.19+4.62m) Plan 402, Part 3 - Unit 62 (retained) – 211.6sgm with 7.62m frontage - Unit 60 (severed) – 214.4sgm with 7.62m frontage Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 1 00f in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 4 of 7 Page 256 of 268 File: B2025-031 Address: 509 Park St & 54 Mt. Hope St (and portion of 82 York St), Description: PLAN 438 PT LOT 14 PT LOT 15 PT LOT 17 RP 58R838 PT LOT 1 PT LOT 2 PT LOT 9 Owner: Woodhouse Investments c/o Joe Woodhouse Applicant: Up Consulting Ltd c/o David Galbraith; david@upconsulting.ca The owner/applicant is proposing consent to sever for lot addition, to convey part of parcel (509 Park St) to 54 Mt Hope St. The lands are also subject to a conditionally approved consent (B 2024-015), conveying a portion of 82 York St to 509 Park St. to facilitate a proposed development that is currently undergoing site plan approval (SPF25/052/P and SPF25/053/P). The consent will facilitate the proposed residential redevelopment of the conveyed parts or parcel while accommodating existing use on retained lands. The Retained lot will accommodate the existing healthcare building fronting Park St (including access drive, parking, common amenity area). The severed lot (54 Mt Hope St) along with conveyed part of parcel (82 York St - subject to B 2024-015) will accommodate a proposal for 12 -unit stacked townhouses accessed from Mt. Hope St (including access drive). The applicant is proposing to establish reciprocal easement rights (blanket easement) and a development agreement to provide for the coordinated and long-term functioning of the subject lands. Noting that, Part 2 and Part 9 on R -Plan 58R-838, are subject to existing easement as in instrument No. 1518268 pertaining to access/servicing for neighboring property. Minor variances are needed to facilitate the consent in relation to the lot accommodating the residential development. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary, designated Built -Up Area and MTSA (Grand River Hospital Station) in the Regional Official Plan (ROP). Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 100ft in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are one high threat identified on subject property and no medium/high threats identified adjacent to property. Page 5 of 7 Page 257 of 268 Threat ID: 32176 Company: ONTARIO ADDICTION TREATMENT CENTRES Threat Rank: High NAICS: Offices of Physician (622110) Source Table: Waste Generating Companies Record Last Updated: Sep 6, 2013 5:03 AM Hydrogeology & Source Water Protection Plan The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice which will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. 2. That the applicant submit the Notice of Source Protection Plan Compliance (S. 59 Notice) to the satisfaction of the Region of Waterloo. Page 6 of 7 Page 258 of 268 General Comments Any future development on the lands subject to the above -noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above - noted Regional condition clearances. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Thank you, Erica Ali, MCIP, RPP Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Page 7 of 7 Page 259 of 268 Septmeber 29th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 076 — Sydney Street South — No Concerns 2) A 2025 — 101 — 199 Breithaupt Street — No Concerns 3) A 2025 — 102 — 282 Tremaine Cresent — No Concerns 4) A 2025 — 103 — 129 Saint George Street — No Concerns 5) A 2025 — 104 — 23 Donnenwerth Drive — No Concerns 6) A 2025 — 105 — 1010 Copper Leaf Cresent — No Concerns 7) A 2025 — 106 — 43 Maurice Street — No Concerns 8) A 2025 — 107 — 904 Isaiah Place — No Concerns 9) A 2025 — 108 — 32 & 42 Windom Road — No Concerns 10)A 2025 — 109 — 29 Ednad Street — No Concerns 11)A 2025 — 110 — 600 Queen Street South — No Concerns 12)A 2025 — 111 — 396 Southill Drive — No Concerns 13)A 2025 — 112 — 54 Mount Hope & 509 Park Street — 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. Document Number: 5085291 Page 260 of 268 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. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, ("_&aW "g Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 Page 261 of 268 October 3, 2025 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street via email Grand River Conservation Authority (GRCA) staff have reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 262 of 268 Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 263 of 268 From: To: Subject: Date: Hello, LANDUSEPLANNING Committee of Adjustment (SM) Kitchener - 509 Park Street & 54 Mt. Hope Street - B2025-031 Thursday, October 16, 2025 10:16:58 AM We are in receipt of your Application for Consent, B2025-031 dated 2025-09-26. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time_ Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stonncentre (hydroone.com) Please select "Search" and locate the address in question by entering the address or by zooming in and out of the leap ? a MENU HELP SEARCH I hyd tune Customers Affected:0 15000 501-5000 0 51-500 0 21-50 V e=20 0 Multiple ® Crew —Service Area u sir Q0ttaw Montreal �� V. ® r Hunt:5veli2 417 417 40Q 17 � o 5 C, rd� � O 4ifi A 0Orlin Kawartha aoa � Lakes vis ° & P2t2rh ,Ugi 0 Kin 9ell�ville � s 115 nflCeo dWaf Watertown '4° ' a 5 Lzramplono Toronto o o Kitchei r � ar,o o o Mississauga a , Hamilton Rochester 4031 Mao data 92019 GDcale 50 km 6____J Terms of Use If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunicationsgHydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact myself. Thank you, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanninggHydroOne_com Burlir Page 264 of 268 From: Committee of Adiustment (SM) To: Siobhan Delaney Subject: FW: SNGREC Environmental Committee of Adjustment Comments Oct 21 Meeting Date: Wednesday, October 1, 2025 10:12:52 AM Attachments: Outlook-yu3kiswx. ono From: Emmett Vanson <LRLUST@sixnations.ca> Sent: Wednesday, October 1, 2025 9:53 AM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Cc: Peter Graham <LRCS@sixnations.ca> Subject: SNGREC Environmental Committee of Adjustment Comments Oct 21 Meeting Sekon (Hello), Included are my comments for the Oct 21 CoA Meeting on behalf of Six Nations of the Grand River Elected Council (SNGREC). A2025-110: 600 Queen St S Comments relate to the overall development. Please convey these comments to the proponent and for anyfurther stages of the application. 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. Treaty Rights Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by impacting the environment through emissions and use of resources. Developments on this land fall under the Duty to Consult and Accommodate, meaning Six Nations of the Grand River must be consulted with and accommodated for impacts to their rights. Page 265 of 268 SNGREC requires that this development is paired with compensation for impacts to these rights and to the environment. Compensation should include environmental enhancement and could also include other forms such as increased numbers of affordable units and discounted rooms/beds for Six Nations members. Please contact lrlust()sixnations.ca to schedule a meeting to collaborate on determining compensation. 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/upLoad s/2017/08/8d1 c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto. ca/wp-content/upLoad s/2018/03/8ff6-city_ plan nin - b i rd -effective- Liqfhti ng. pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. 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. SNGREC requests that the proponent commits to these actions during this phase of the application. A2025-112: 54 Mt. Hope & Portion of 509 Park ST Comments relate to the overall development. Please convey these comments to the proponent and for anyfurther stages of the application. 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 Page 266 of 268 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. 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/upLoad s/2017/08/8d1 c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto. ca/wp-content/upload s/2018/03/8ff6-city planning- bird-effective-Lighting. df SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. 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. SNGREC requests that the proponent commits to these actions during this phase of the application. Thank you for taking these comments. Please reach out if you have any questions or concerns. Nia:wen (thank you), Emmett Vanson, BSc. (he/him) Land Use and Stewardship Technician Six Nations of the Grand River Elected Council Lands and Resources Department IrlustAsixnations.ca Page 267 of 268 ConfidentialityNotice: 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. Page 268 of 268