HomeMy WebLinkAboutDSD-2025-420 - B 2025-026 - 96 Third AveStaff Report
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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
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Page 195 of 268
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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.
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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
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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
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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