HomeMy WebLinkAboutDSD-2025-413 - A 2025-111 - 396 Southill Dr
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 onditionally 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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
Figure 2: Zoning Map
Urban Structure and is
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
Conditional
A
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.
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
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
REPORT:
PlanningComments:
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
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.
tates that:
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
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
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 onditional
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.
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@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
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
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
October 3, 2025 via email
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
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.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority