HomeMy WebLinkAboutDSD-2025-423 - A 2025-103 - 129 St. George St
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: Jade McGowan, Student Planner, 519-707-4759
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: October 8, 2025
REPORT NO.: DSD-2025-423
SUBJECT: Minor Variance Application A2025-103 129 St. George Street
RECOMMENDATION:
That Minor Variance Application A2025-103 for 129 St. George Street requesting
relief from the following Sections of Zoning By-law 2019-051:
i) Section 4.14.4 b) ii) to permit a deck, greater than 0.6 metres in height, to be
located 3.7 metres from the rear lot line instead of the minimum required 4
metres; and
ii) Section 6.3.1 b), Table 6-2, to permit a rear yard setback of 7 metres instead of
the minimum required 7.5 metres for a detached dwelling;
to recognize the location of an existing detached dwelling and attached deck from
the rear lot line, in accordance with drawings prepared by Grit Surveying, dated
February 20, 2025, BE APPROVED, subject to the following conditions:
1. That the Owner shall provide confirmation and/or modify the existing driveway,
to provide a driveway and a distinguishable unobstructed walkway, in
accordance with the regulations of Zoning By-law 2019-051.
2. That the Owner shall complete the work, identified in Condition No. 1 above, by
June 30, 2026. Any request for a time extension must be approved in writing by
the Manager, Development Approvals prior to completion date set out in this
decision. Failure to complete the condition will result in this approval becoming
null and void.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of an application for Minor
Variance to legalize the rear yard setbacks of an existing detached dwelling and rear
deck.
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The key finding of this report is that the minor variance meets the four tests of the
Planning Act.
There are nofinancial 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 property is located on the south side of St. George Street, between Peter
Street and Cedar Street South, in the Cedar Hill Planning Community.
Figure 1: Location Map (subject property outlined in Red)
Protected Major Transit Station Area
Strategic Growth Area A Land Use in the
Low Rise Growth Zone (SGA-1-law 2019-051.
The purpose of the application is to recognize the deficient rear yard setbacks for an
existing single detached dwelling and rear deck, which were caught after the construction
of the dwelling. The subject property was severed from 131 St. George Street in 2023 and
a building permit was issued for the single detached dwelling in 2024 under Zoning By-law
85-1. After the dwelling was constructed, a survey error was flagged, and the property was
found to have the incorrect rear yard setbacks. Relief is required to legalize the existing
rear yard which complied with the Zoning By-law based on the incorrect survey
measurements. At the time of writing this report, there is also an open building permit to
add an Additional Dwelling Unit (ADU) in the basement and convert the Single Detached
Dwelling into a Duplex.
rd
A site visit was completed by Planning Staff on October 3, 2025.
During the site visit it was noted that the driveway/walkway noted on the site plan,
reviewed as part of the Building Permit for the proposed Duplex, may not be implemented.
Planning staff are recommending that confirmation of driveway/walkway compliance or
any necessary modifications be conditions of this Minor Variance Application.
Figure 2: Site Plan for Building Permit
Figure 3: Site Plan Figure 4: Street view of subject property
Figure 5: Existing rear yard deck Figure 6: Southwest view of abutting
property
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
intent of the Strategic Growth Area A land use designation is to accommodate
intensification within existing predominantly low-rise residential neighbourhoods, including
a range of low and medium density residential housing types that are permitted in the Low
Rise Residential and Medium Rise Residential land use designations. The requested
variance to legalize the existing dwelling maintains a low-rise form of development and is
compatible with the existing residential neighbourhood. Therefore, Planning Staff are of
the opinion that the proposed variance maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the rear yard setback regulation for a deck that exceeds 0.6 metres in height
is to ensure adequate sight lines, minimize negative visual impacts of structures, and
preserve the privacy of neighbouring properties. Due to the sharp downward slope of the
rear yard toward the rear lot line, the deck must exceed 0.6 metres to align with the
existing grade of the main floor of the dwelling and accommodate the walk out basement
ADU below. Despite the proposed deck height of 3.2 metres, the abutting properties to the
southwest are well treed and the deck is setback further from the abutting properties to the
east, minimizing overlook.
The intent of the minimum rear yard setback requirement is to ensure that structures are
adequately setback from abutting properties and that sufficient amenity space is
maintained in the rear yard. The minimum rear yard setback in an SGA-1 zone is 7.5
metres, however the existing rear yard is 7 metres. When the building permit for the
dwelling was originally issued, an old survey registered on title was used. The setbacks
were measured by a surveyor after construction and found to be deficient. The rear yard
setback to the southeastern portion of the dwelling maintains more than the minimum 7.5
metres, however relief is required to legalize the current 7 metre rear yard setback to the
southwestern corner of the dwelling.
Staff are of the opinion that sufficient amenity area is maintained and that the requested
rear yard setback variances will not have adverse impacts on the neighbouring properties.
Therefore, Planning Staff are of the opinion that the requested relief maintains the intent of
the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed reduced rear yard setbacks of the deck and the dwelling are not anticipated
to have any significant or adverse impacts on the neighbouring properties. The variance
will legalize the existing conditions on the property. Therefore, Planning Staff are of the
opinion that the effects of the requested variance are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The deck provides a functional outdoor amenity space that will serve the upstairs unit. The
existing dwelling maintains a low rise form of development that is compatible with the
surrounding neighbourhood. Therefore, Planning Staff are of the opinion that the
requested variance is desirable and appropriate for the development of the lands.
Environmental Planning Comments:
No natural heritage features/functions. It appears no trees will be affected. No concerns.
Heritage Planning Comments:
The subject property municipally addressed as 129 St. George Street located within the
Cedar Hill Neighborhood 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. This proposed application to recognize the existing deck and
detached dwelling is not anticipated to have adverse negative impacts to the CHL's
attributes. Thus, staff have no comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the deck.
Engineering Division Comments:
No concerns.
Parks Planning Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
Planning Division. Notice of the application is also mailed to all property owners within 30
metres of the subject property, however given the Canada Post Strike this was not
possible.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
DSD-2023-099, B2023-011
Septmeber 29th, 2025
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting October 21, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 076 – Sydney Street South – No Concerns
2) A 2025 – 101 – 199 Breithaupt Street – No Concerns
3) A 2025 – 102 – 282 Tremaine Cresent – No Concerns
4) A 2025 – 103 – 129 Saint George Street – No Concerns
5) A 2025 – 104 – 23 Donnenwerth Drive – No Concerns
6) A 2025 – 105 – 1010 Copper Leaf Cresent – No Concerns
7) A 2025 – 106 – 43 Maurice Street – No Concerns
8) A 2025 – 107 – 904 Isaiah Place – No Concerns
9) A 2025 – 108 – 32 & 42 Windom Road – No Concerns
10) A 2025 – 109 – 29 Ednad Street – No Concerns
11) A 2025 – 110 – 600 Queen Street South – No Concerns
12) A 2025 – 111 – 396 Southill Drive – No Concerns
13) A 2025 – 112 – 54 Mount Hope & 509 Park Street – No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
Document Number: 5085291
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
Document Number: 5041192
October 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting October 21, 2025
Applications for Minor Variance
A 2025-101 199 Breithaupt Street
A 2025-102 282 Tremaine Crescent
A 2025-103 129 St.George Street
A 2025-104 23 Donnenwerth Drive
A 2025-105 1010 Copper Leaf Crescent
A 2025-106 43 Maurice Street
A 2025-107 904 Isaiah Place
A 2025-108 32 & 42 Windom Road
A 2025-109 29 Edna Street
A 2025-110 600 Queen Street South
A 2025-111 396 Southill Drive
A 2025-112 509 Park Street & 54 Mount Hope Street
Applications for Consent
B 2024-031 829 Stirling Avenue South
B 2025-026 96 Third Avenue
B 2025-027 60 Gage Avenue
B 2025-028 62 Gage Avenue
B 2025-029 64 Gage Avenue
B 2025-030 66 Gage Avenue
B 2025-031 509 Park Street & 54 Mount Hope Street
Grand River Conservation Authority (GRCA) staff have reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority