HomeMy WebLinkAboutDSD-2025-421 - B 2024-031 - 829 Stirling Ave 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: 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:
1. ociated
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
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
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.
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
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
9. That the Owner provides confirmation that the basement elevation can be drained
by gravity to the street sewers to th
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 satisfact
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
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.
Figure 1: Location Map 829 Stirling Avenue South
Urban Structure and is
ive Zone (RES-5-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.
r 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.
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
.
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.
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
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.
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:
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-
detachedduplexdwelling that arecompatible 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
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.
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.
cial Plan (2014)
Urban Structure and is
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:
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
The proposed lot width and lot area of the proposed severed and retained lots meets the
-5 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
ive Zone (RES-5-law 2019-
-5-rise residential dwelling types including
single detached, semi-detached and multiple dwellings. The whole of the semi-detached
-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.
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
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 (B2024-031), $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
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 -- 362.31sqm, 7.92m frontage
Threats Inventory Database (Advisory)
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
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 (ROP)
Official Plan (2014)
Zoning By-law 2019-051
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:
1. That the Oassociated
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
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
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
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.
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
8. That the Owner provides confirmation that the basement elevation can be drained
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
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
Director, Parks and Cemeteries.
11. That the Owner obtains Demolition Control Approval, in accordance with the
-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
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.
Figure 1: Location Map 829 Stirling Avenue South
Figure 2: Existing building 829 Stirling Avenue South
Urban Structure and is
ive Zone (RES-5-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.
Figure 3: Proposed Lot Fabric
Figure 4: Building Drawings Proposed Semi Detached Duplex
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.
Regional Official Plan (ROP):
within the Urban Area. The subject lands are designated Built-Up Areain 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.
The subject property is identified as Urban Structure and is
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:
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
The proposed lot width and lot area of the proposed severed and retained lots meets the
-5 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
ive Zone (RES-5-law 2019-
-5-rise residential dwelling types including
single detached, semi-detached and multiple dwellings. The whole of the semi-detached
duplex dwelling meets the RES--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@kitchener.ca.
Any new driveways are to be built to City of Kitchener standards. All works are at the
ds 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
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. 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
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
th
150 Frederick Street, 8 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
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:
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
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 -- 362.31sqm, 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
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 – 320.67sqm with 8.055m frontage
- Retained – 320.91sqm 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
File: B2025-027—B2025-030 (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) – 343.3sqm with irregular frontage (11.32+11.38+17.08m)
- Unit 64 (severed) – 211.9sqm with irregular frontage (5.19+4.62m)
Plan 402, Part 3
- Unit 62 (retained) – 211.6sqm with 7.62m frontage
- Unit 60 (severed) – 214.4sqm 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 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 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
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
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 inreceipt of the S. 59 Notice
whichwill 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
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
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
From:AMIN Pranav
To:Committee of Adjustment (SM)
Subject:Kitchener - 829 Stirling Avenue South - B 2024-031
Date:Wednesday, November 6, 2024 4:53:33 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-031 dated October 25, 2024. We have reviewed the documents concerning the noted Application 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’ please consult your local area Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
Stormcentre (hydroone.com)
Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map
If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your Local
Operations Centre
Please let me know if you have any questions or concerns.
Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:Kitchener - 829 Stirling Ave S - B 2024-031
Date:Wednesday, October 15, 2025 7:11:02 PM
Hello,
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: Stormcentre (hydroone.com)
Please select “Search” and locate the address in question by entering the address or by zooming in and out of the map.
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications@HydroOne.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: LandUsePlanning@HydroOne.com