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Home My WebLink AboutDSD-2025-425 - A 2025-104 - 23 Donnenworth Dr 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: Sheryl Rice Menezes, Senior Planning Technician, 519-783-8944 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: October 6, 2025 REPORT NO.: DSD-2025-425 SUBJECT: Minor Variance Application A2025-104 23 Donnenwerth Dr. RECOMMENDATION: That Minor Variance Application A2025-104 for 23 Donnenwerth Drive requesting relief from Section 4.14.10 b) of Zoning By-law 2019-051 to permit steps (made of a platform with construction on piers or helical piles) in an easterly interior side yard with a setback of 0.3 metres instead of the minimum required 0.5 metres, to facilitate the conversion of an existing Semi-Detached Dwelling to a Semi-Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached)(Semi-Detached Duplex), generally in accordance with drawings prepared by AEDP Group Inc, dated May 29, 2025, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a Minor Variance Application to facilitate the conversion of existing Semi-Detached Dwelling (1 dwelling unit) to a Semi-Detached Duplex Dwelling (2 dwelling units). The key finding of this report is that the requested minor variance meets all the four tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received and this report was Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property is located on the western side of Donnenwerth Drive between Bridlewreath and Activa Streets. Community Areas on Map 2 Urban Structure and is Low Rise Residential Low Rise Residential Four Zone (RES-4-law 2019- 051. The purpose of the application to facilitate the conversion of existing Semi-Detached Dwelling to a Semi-Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached)(Semi-Detached Duplex). Image 1: Aerial view 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 designation is to encourage residential intensification and/or redevelopment which includes additional dwelling units to respond to changing housing needs and as a cost- effective means to reduce infrastructure and service costs by minimizing land consumption and making better use of existing community infrastructure. The variance meets the general intent of the Official Plan. Image 2: View from street (subject semi on the left side) (Noted: the width of the existing driveway, approximately 5 m wide, can be considered legal non-conforming as it existed prior to March 21, 2022 implementation of By-law 2019-051 on the property. No further widening of the driveway is permitted) General Intent of the Zoning By-law The intent of the regulation requiring a minimum of 0.5 metre setback for the above grade steps to ensure that there is adequate setback to maintain the steps, to ensure adequate drainage in the side yard and to ensure that no part of the steps will encroach onto the neighbouring lands. As noted by Engineering staff, the steps shall not block the passage of stormwater runoff. Consequently, staff are recommending in the decision noted above, that the steps be constructed of a platform construction on piers or helical piles in order not to block the passage of stormwater runoff. With a platform construction on piers or helical piles, the variance will maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The creation of a second dwelling unit in the existing building requires the subject variance. As noted above, the variance meets the intent of the Zoning Bylaw. As the effects of the variance is minimal and will permit the property to add a second dwelling unit, staff are of the opinion that they may be considered minor. Image 3: Left side of dwelling (Staff note that there shall be no obstruction into the required 1.1m walkway along the side, including meters and pipes any obstruction to be removed or relocated.) Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the variance for the second dwelling unit is desirable and appropriate for the property and provide a gentle form of intensification which can be considered appropriate use for the property and compatible with the surrounding neighbourhood. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: No objections to the proposed variance. A Building Permit Application has been made for the change of use to a duplex. Engineering Division Comments: The side yard currently accommodates overland stormwater flows from the rear yard. A sidewalk is required to the rear yard in accordance with the Zoning By-law. 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. Parks and Cemeteries/Forestry Division Comments: There is an existing City-owned street tree within the right-of-way on Donnenwerth Drive The tree could be impacted by proposed construction activities. It is expected that all City owned tree assets will be fully protected to City standards throughout demolition and construction as per Chapter 690 of the current Property Maintenance By-law. Tree required outlining complete protection of City assets prior to any demolition or building permits being issued. Planning Response: T. The proposed drawings do not indicate that any work, i.e. extension of sidewalk, will be occurring within the boulevard or City right-of-way. As per Image 2, the driveway cannot be widened any further on the subject property and it cannot be widened in the City right-of-way. Accordingly, there should be no impacts to City-owned street trees. Transportation Planning Comments: No concerns. GRCA Comments: Grand River Conservation Authority (GRCA) staff have reviewed the above-noted application. GRCA has no objection to the approval of the above 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. 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 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