The URL can be used to link to this page

Home My WebLink AboutDSD-2025-419 - A 2025-106 - 43 Maurice Street 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 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-east side ofMaurice Street and Sydney Street South. It is in the Mill Courtland Woodside Parkneighbourhood which is primarily comprised of low-rise residential and institutional uses. Figure 1: Location Map 43MauriceStreet (Outlined in Red) The subject property is Protected Major Transit Station Strategic Growth Area BLand Use in the The Mid Rise Growth Zone(SGA-2-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 0.4metresinstead of the required3metresand to have a side yard setback of 1.8metreswhereas 3 metreswas required.A storage shed, not considered through A2022-011,was also constructed on the propertywith a setback of 0.1metres. The purpose of thisMinorVariance 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 thisapplication, 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 LegalServices Staff. Variance to reconstruct 2 storey deck Variance to legalize existing shed Figure 2: Requested Variance for 2-storey Deck & to Legalize Existing Shed Figure 3: East Elevation of Proposed Structure Facing Sydney Street South 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 Figure 6: Existing Site Conditions as of October 1, 2025 Figure 7: Existing Site Conditions as of October 1, 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 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. 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 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 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