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HomeMy WebLinkAboutDSD-2025-422 - B 2025-027 to 030 - 60, 62, 64, 66 Gage Ave 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 9 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD-2025-422 SUBJECT: Consent Applications B2025-027 and B2025-028 60-62 Gage Avenue Consent Applications B2025-029 and B2025-030 64-66 Gage Avenue RECOMMENDATION: A. Consent Application B2025-027 - 60 Gage Avenue (Severed Parcel and Easement in favour of 62 Gage Avenue) That Consent Application B2025-027 for 60 Gage Avenue requesting Consent to sever a parcel of land having a lot width of 7.6 metres on Gage Avenue, a lot depth of 28.5 metres, and a lot area of 214.4 square metres, and to create an easement over the Severed Parcel, in favour of 62 Gage Avenue, measuring 1.5 metres in width and 2.9 metres long, where the common wall is not shared for the purposes of access and maintenance, BE APPROVED subject to the following conditions: 1. 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 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0-metre lot line development along the common lot line. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Approvals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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 endorsement. 9. 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. 10. That any new driveways are to be built to City of Kitchener standards at the Director of Engineering Services. 11. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers 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, Engineering Services. 12. That the Owner submits a Plan to implement a suitable design solution for a sump pump outlet, to the satisfaction of 13. 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 Director of Engineering Services. 14. the Owner shall enter into an agreement with the City of Kitchener, to be prepared Development and Housing Approvals, which shall include the following: a) That the Owner shall prepare a Tree Preservation and Enhancement Plan for the Severed and R where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The owner further agrees to implement the approved plan. No changes to the Site Plans. c) The owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 15. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 16. That prior to final approval, the Owner submits the Consent review fee of $350.00. 17. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. B. Consent Application B2025-028 - 62 Gage Avenue (Retained Parcel - Easement in favour of 60 Gage Avenue) That Consent Application B2025-028 for 62 Gage Avenue requesting Consent to create an easement over the Retained Parcel, in favour of 60 Gage Avenue, measuring 1.5 metres in width and 2.9 metres long, where the common wall is not shared for access and maintenance, BE APPROVED subject to the following conditions: 1. 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 Reference Plan and a Building Location Survey, 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 the Manager, Development Approvals. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Approvals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 7. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. C. Consent Application B2025-029 - 64 Gage Avenue (Severed Parcel and Easement in favour of 66 Gage Avenue) That Consent Application B2025-029 for 64 Gage Avenue requesting Consent to sever a parcel of land having a lot width of 7.6 metres on Gage Avenue, a lot depth of 28.3 metres, and a lot area of 211.9 square metres and to create an easement over the Severed Parcel, in favour of 66 Gage Avenue, measuring 1.5 metres in width and 2.9 metres long, where the common wall is not shared for the purposes of access and maintenance, BE APPROVED subject to the following conditions: 1. 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 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. If necessary, that the Owner obtain Consent Approval of 1.5 metre Maintenance Easements to facilitate any 0-metre lot line development along the common lot line. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Approvals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. ved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information endorsement. 9. 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. 10. That any new driveways are to be built to City of Kitchener standards at the 11. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to 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, Engineering Services. 12. That the Owner submits a Plan to implement a suitable design solution for a sump pump outlet, to the satisfaction of th 13. 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 Director of Engineering Services. 14. Approvals, the Owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the following: a) That the Owner shall prepare a Tree Preservation and Enhancement Plan for the Severed and R where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The owner further agrees to implement the approved plan. No changes to the Site Plans. c) The owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 15. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 16. That prior to final approval, the owner/applicant submits the Consent review fee of $350.00. 17. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. D. Consent Application B2025-030 - 66 Gage Avenue (Retained Parcel - Easement in favour of 64 Gage Avenue) That Consent Application B2025-030 for 66 Gage Avenue requesting Consent to create an easement over the Retained Parcel, in favour of 64 Gage Avenue, measuring 1.5 metres in width and 2.9 metres long, where the common wall is not shared for access and maintenance, BE APPROVED subject to the following conditions: 1. 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 Submission Standards to 4. That the Owner provide a Reference Plan and a Building Location Survey, 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 the Manager, Development Approvals. 5. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Approvals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 6. That a Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 7. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. REPORT HIGHLIGHTS: The purpose of this report is to assess a request for Consent to sever two (2) Semi- Detached building lots so that each half of the semi-detached dwelling units can be dealt with and serviced independently. The key finding of this report is that the applications for Consent are deemed good planning. 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. BACKGROUND: The subject properties, 60-62 Gage Avenue and 64-66 Gage Avenue are located at the southwesterly bend of Gage Avenue (see Figure 1). Subject Property Figure 1 Aerial Photograph In August of 2024, the Committee of Adjustment considered and approved Consent Application B2024-021 for 62 Gage Avenue to facilitate the demolition of the existing Single Detached Dwelling and sever the property into 2 lots to create 2 new Semi- Detached Dwellings. This application was only to create the whole of the 2 separate semi- detached building lots. It was intended that future Consent Applications would be submitted to enable each half of the semi-detached dwellings to be dealt with independently. Figure 2 shows that the Semi-Detached Dwelling on the property addressed as 60-62 Gage has been substantially constructed whereas the foundation is getting ready to be poured for the Semi-Detached Dwelling proposed for 64-66 Gage Avenue (see Figure 3). Figure 2 Consent Application B2024-021 62 Gage Avenue Figure 2 Photograph of 60 and 62 Gage Avenue 64 and 66 Gage Figure 3 Photograph of where 64 and 66 Gage Avenue will be constructed Figure 4 Consent Plans for 60-66 Gage Avenue (source: Grit Engineering) The subject properties are Community Areas Urban Structure and are Low Rise Residential Plan. The properties are zoned Low Rise Residential Four Zone (RES-4-law 2019-051. The purpose of the Applications is to sever the two (2) Semi-Detached Dwellings, located on 60-62 and 64-66 Gage Avenue, so that each half of the semi-detached dwelling can be dealt with and serviced independently (see Figure 4). Additionally, because the walls of the semi-detached dwelling units along the common lot line are offset, Consent is required to permit easements for access and maintenance purposes where the wall is not shared and jointly used. It is noted that the foundations for the future buildings/dwellings have not yet been poured and/or surveyed and a Reference Plan and Building Location Survey was not provided and submitted with the Consent Applications. Typically, best practices dictate that prior to the 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 City is cognisant of the construction challenges and excavation costs that this process poses, and as such, will permit Consent Applications to proceed ahead of the foundation being poured and surveyed. The Applicant is submitting these applications with confidence that the existing and future foundations will coincide with the proposed lot dimensions and setbacks and is proceeding with the applications at this time . A new condition is proposed to be added to these types of Consent Approvals as follows: Building Location Survey, 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. 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 are satisfied that the proposed infill severance applications are consistent with the Provincial Planning Statement in general and as it related 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 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. -Up e 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 are satisfied that the proposed severance applications adhere to these policies and conforms to the ROP.\] Community Area Urban Structure and is Low Rise ResidentialMap 3 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: E.20.5 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 Zoning By-law 2019-051 The properties are zoned Low Rise Residential Four Zone (RES--law 2019-051. The use of a semi-detached dwelling is permitted and review of the severance - zoning regulations. 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 parcels are in -law. 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. 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, and is good planning and in the public interest. Environmental Planning Comments: Standard condition to complete a Tree Preservation/Enhancement Plan to determine if any of the trees remaining near property lines and/or in shared ownership have been harmed by the construction activity that occurred without study or tree protection have been harmed, need remedial arboricultural actions, or other remedies such as removal. Heritage Planning Comments: The property municipally addressed as 60 Gage Avenue has no heritage status. It is, however, located adjacent to 85 and 99 Strange Street, properties which are listed as non- designated properties of cultural heritage value or interest on the City's Municipal Register. The subject property is also located within the Warehouse District Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The proposed severance and easement will not have an impact on the CHL's attributes, and on the listed properties. Thus, staff have no concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: B2025-027 60 Gage Avenue 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, 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. 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 metre swale centered on property line. Therefore, the walkway to the side door cannot encroach within the 0.5 metres from property line towards the house. B2025-028 62 Gage Avenue 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, 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. 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 metre swale centered on property line. Therefore, the walkway to the side door cannot encroach within the 0.5 metre from property line towards the house. B2025-029 64 Gage Ave. 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, 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. 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 metre swale centered on property line. Therefore, the walkway to the side door cannot encroach within the 0.5 metres from property line towards the house. B2025-030 66 Gage Ave. 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, 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. 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 metre swale centered on property line. Therefore, the walkway to the side door cannot encroach within the 0.5 metres from property line towards the house. Parks and Cemeteries/Forestry Division Comments: B2025 027 60 Gage Avenue (Future Severed) 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. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage of 7.62 m and a land value of $36,080 per frontage meter, which equals $13,746.48. In this case, a per unit cap of $11,862.00 has been applied. B2025 028 62 Gage Avenue (Future Retained) No concerns, no requirements. B2025 029 64 Gage Avenue (Future Severed) 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. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage of 7.64 m and a land value of $36,080 per frontage meter, which equals $13,782.56. In this case, a per unit cap of $11,862.00 has been applied. B2025 030 66 Gage Avenue (Future Retained) No concerns, no requirements. Transportation Planning Comments: No concerns. Region of Waterloo Comments: 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) 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 (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 $350.00 per application to the satisfaction of the Region of Waterloo. 2. That prior to final approval the Owner submit a Section 59 Notice, in accordance with the Clean Water Act, to the satisfaction of the Region. GRCA Comments: Grand River Conservation Authority (GRCA) staff have reviewed the Consent Applications. GRCA has no objection to the approval of the Consent 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. 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 site 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 th 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-2024-357, Consent Application B2024-021 From:Becca Robinson <Becca.Robinson@kitchener.ca> Sent: Wednesday, October 15, 2025 11:01 AM To: Tina Malone-Wright <Tina.MaloneWright@kitchener.ca> Subject:Re: ACTION REQUIRED -Committee of Adjustment Application Review –October 21, 2025 Meeting Hi Tina, I have updatedmy comments for these applications as follows (below).I've attached an updated word doc as well. B2025 – 027 – 60 Gage Avenue (future severed) 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. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage of 7.62 m and a land value of $36,080 per frontage meter, which equals $13,746.48. In this case, a per unit cap of $11,862 has been applied. B2025 – 028 – 62 Gage Avenue (future retained) No concerns, no requirements B2025 – 029 – 64 Gage Avenue (future severed) 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. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage of 7.64 m and a land value of $36,080 per frontage meter, which equals $13,782.56. In this case, a per unit cap of $11,862 has been applied. B2025 – 030 – 66 Gage Avenue (future retained) No concerns, no requirements Thanks, Becca Robinson, MLA, OALA, CSLA Parks Planning & Development Project Manager Development and Housing Approvals / City of Kitchener 519-904-5778 / Becca.Robinson@kitchener.ca 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:LANDUSEPLANNING To:Committee of Adjustment (SM) Subject:Kitchener - 60, 62, 64 & 66 Gage Ave - B2025-027, B2025-028, B2025-029 & B2025-030 Date:Wednesday, October 15, 2025 7:24:33 PM Hello, We are in receipt of your Application for Consent, B2025-027, B2025-028, B2025-029 & B2025-030 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 From:LANDUSEPLANNING To:Planning Applications (SM); Committee of Adjustment (SM) Subject:Kitchener - 64 Gage Ave - B2025-029 Date:Wednesday, October 15, 2025 7:23:22 PM Hello, We are in receipt of your Application for Consent, B2025-029 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