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Home My WebLink AboutDSD-2025-340 - A 2025-076 - 221 Sydney St S 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 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. 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 Protected Major Transit Station Area Strategic Growth Area A Land Use in the Low Rise Growth Zone (SGA-1-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. th This application was adjourned from the August 19 Committee of Adjustment meeting. A rd site visit was completed by Staff on October 3, 2025. Figure 2: Proposed Site Plan Figure 3: Street view of existing dwelling Figure 4: Proposed addition location 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 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 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. 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 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 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. a minor variance, and the applicant will be invoiced in the amount of $300 this application. Region Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises i Planning Division. 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 August 1, 2025 via email GRCA File: A2025-076 221 Sydney Street South Marilyn Mills City of Kitchener 200 King Street West Kitchener, ON N2G 4O7 Dear Marilyn Mills, Re: Application for Minor Variance A 2025-076 221 Sydney Street South, City of Kitchener Rachel Thiessen 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 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. review of this application. Should you have any questions, please contact me at 519-621-2763 ext. 2228 or aherreman@grandriver.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) Author: ah Date: Aug 01, 2025 Legend Septmeber 29th, 2025 Connie Owen City of KitchenerFile No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 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 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, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192