HomeMy WebLinkAboutDSD-2025-426 - A 2025-101 - 199 Breithaupt Street
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 10
DATE OF REPORT: October 8, 2025
REPORT NO.: DSD-2025-426
SUBJECT: Minor Variance Application A2025-101 - 199 Breithaupt Street
RECOMMENDATION:
That Minor Variance Application A2025-101 for 199 Breithaupt Street requesting
Permission under section 45(2)(a)(ii) of the Planning Act to convert a Legal Non-
Conforming Single Detached Dwelling to a Single Detached Dwelling with one (1)
Additional Dwelling Unit (ADU)(Attached) (Duplex), generally in accordance with
drawings attached Minor Variance Application A2025-101, BE APPROVED, subject
to the following conditions:
1. That the Owner install a hysical Barrier to the satisfaction of the Manager,
Development Approvals, in the area between the front porch and the front
property line to ensure that vehicles will not park in this area.
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.
3. That the Owner obtain and register an environmental easement for operational
noise and vibration emissions in favour of Metrolinx at the sole discretion and to
the satisfaction of Metrolinx.
4. That the Owner enter into an agreement with Metrolinx, at the sole discretion and
to the satisfaction of Metrolinx, to include the following warning clause in all
Development Agreements, Offers to Purchase, and Agreements of Purchase and
Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Warning: The Applicant is advised that the subject land is located within
that Metrolinx and its assigns and successors in interest has or have a right-of-
way within 300 metres from the subject land. The Applicant is further advised
that there may be alterations to or expansions of the rail or other transit
facilities on such right-of-way in the future including the possibility that
Metrolinx or any railway entering into an agreement with Metrolinx to use the
right-of-way or their assigns or successors as aforesaid may expand or alter
their operations, which expansion or alteration may affect the environment of
the occupants in the vicinity, notwithstanding the inclusion of any noise and
vibration attenuating measures in the design of the development and individual
lots, blocks or units.
REPORT HIGHLIGHTS:
The purpose of this report is to review a Minor Variance Application to facilitate the
conversion of a Legal Non-Conforming Single Detached Dwelling to a Single
Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached) (Duplex).
The key finding of this report is that the requested application is in the public interest
and there are no adverse or unacceptable impacts.
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 property is located on the south side of Breithaupt Street between Ahrens
Street West and Margaret Avenue.
The subject property is Major Transit Station Area Urban
General Industrial Employment on Map 3 Land Use in the
Neighbourhood Industrial Employment Zone (EMP-1)
By-law 2019-051.
The purpose of the application is to facilitate the conversion of a Legal Non-Conforming
Single Detached Dwelling to a Single Detached Dwelling with one (1) Additional Dwelling
Unit (ADU)(Attached)(Duplex).
The property was originally developed with a Single Detached D
was residentially zoned at that time. The zoning changed to General Industrial Zone (M-
2) in Zoning By-law 4830 in 1962. The use of one dwelling has continued in the structure,
along with various industrial uses, since that time. There is currently no industrial use on
the property and the owner wishes to legally convert the main floor to a second dwelling
unit.
Image 1: Aerial photo
REPORT:
Planning Comments:
Case law sets out the tests to be applied by the Committee of Adjustment in considering
applications under Section 45(2)(a)(ii). It should be noted that the tests to be applied are
not the four-part test for minor variances under Section 45(1) but rather whether the
approval of the application: 1. Is in the public interest; and 2. Creates unacceptable or
adverse impact upon abutting properties.
Is Approval in the Public Interest?
As noted previously, the original use on subject property was a Single Detached Dwelling.
Over the years, the zoning of the area changed to industrial zoning and some industrial
uses occupied a portion of the building (office, craftsman shop or warehousing, at different
times). From City records, it appears that a dwelling unit was always existing in the
building. On this portion of Breithaupt Street there are still many buildings used for legal
non-conforming residential purposes. Historically, it appears that a second dwelling unit
has been in the building for time to time without permission. This application is to legalize
the use and ensure that Building and Fire Code regulations are met for the occupants. A
Building Permit has been submitted for the second unit but is on hold waiting for this
decision. Legalizing the second dwelling unit is considered to be in the public interest as it
to dwelling units.
Any Adverse or Unacceptable Impacts?
Though the use of the property as a duplex appears to have existed for some time (on and
off) over the years, without permission, it has not received any complaints to the City. The
residential use is in keeping with and compatible with the existing residential use of the
building and the other legal non-conforming residential uses on the street.
This vehicle is over the front
lot line and parking on City
lands.
Image 2: View from street
Image 3: Plan drawing
Any Adverse or Unacceptable Impacts?
Though the use of the property as a uplexappears to have existedfor some time (on
and off) over the years, without permission, it has not received any complaints to the City.
The residential use is in keeping with other legal non-conforming residential uses on the
street.
Staff do note that the front yard has been converted to a hard surface and has been used
for parking spaces. As shown on the survey/plan (Image 3) the setback of the front porch
to the property line is 2.4 metres (7.76 feet) whereas a parking space depth minimum is
5.5 metres. Therefore, vehicles parked in front of the house would encroach onto City
lands.
Also, the City does not permit parking entirely across a front lot line for any use or
purpose. Therefore, no parking is permitted between the porch and the front lot line and
permission for this cannot be supported by staff. A condition to ensure that the area is
physically blocked from vehicles parking in the area has been placed in the
Recommendation section above.
Environmental Planning Comments:
No natural heritage features/functions and given the nature of application it implies no
change to the building footprint. No concerns.
Heritage Planning Comments:
The subject property municipally addressed as 199 Breithaupt Street 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. This proposed application 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 change of use to a Duplex.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
Metrolinx:
The subject property is located within 300m of the Metrolinx Guelph Subdivision which
carries Kitchener GO Train service.
GO/HEAVY-RAIL CONDITIONS OF APPROVAL
As per section 3.9 of the Federation of Canadian Municipalities and Railway
Association of Canada's Guidelines for New Development in Proximity to Railway
Operations, the Owner shall grant Metrolinx an environmental easement for
operational emissions. The environmental easement provides clear notification to
those who may acquire an interest in the subject property and reduces the potential
for future land use conflicts. The environmental easement shall be registered on
title of the subject property. A copy of the form of easement is included for the
Owner's information. The applicant may contact jenna.auger@metrolinx.com with
questions and to initiate the registration process. (It should be noted that the
registration process can take up to 6 weeks).
The Proponent shall provide confirmation to Metrolinx, that the following warning
clause has been inserted into all Development Agreements, Offers to Purchase, and
Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres
of the Railway Corridor:
300 metres railway corridor zone of influence and as such is advised that Metrolinx
and its assigns and successors in interest has or have a right-of-way within 300
metres from the subject land. The Applicant is further advised that there may be
alterations to or expansions of the rail or other transit facilities on such right-of-way
in the future including the possibility that Metrolinx or any railway entering into an
agreement with Metrolinx to use the right-of-way or their assigns or successors as
aforesaid may expand or alter their operations, which expansion or alteration may
affect the environment of the occupants in the vicinity, notwithstanding the inclusion
of any noise and vibration attenuating measures in the design of the development
and individual lots, blocks or units.
GO/HEAVY-RAIL ADVISORY COMMENTS
Noting that there is no proposed construction for this variance, should any future
construction occur over the subject lands, the applicant is advised to contact
Metrolinx, as agreements may be 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
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
BY EMAIL ONLY
TO:Kitchener–Committee of Adjustments
200 King Street West, 6th Floor, P.O. Box 1118, Kitchener ON N2G 4G7
CC: cofa@kitchener.ca
th
DATE:September 29, 2025
RE:Adjacent Development Review: A2025-101
199 BreithauptStreet, Toronto, ON
Minor Variance
Metrolinx is in receipt of the Minor Variance application for 199 BreithauptStreet, to legalize an existing second uniton
thst
site, as circulated on September 26, 2025, and to be heard at Public Hearing on October 21, 2025. Metrolinx’s
comments on the subject application are noted below:
The subject property is located within 300m of the Metrolinx GuelphSubdivision which carries KitchenerGO
Train service.
GO/HEAVY-RAIL–CONDITIONSOFAPPROVAL
As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines
for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental
easement for operational emissions. The environmental easement provides clear notification to those who may
acquire an interest in the subject property and reduces the potential for future land use conflicts. The
environmental easement shall be registered on title of the subject property. A copyof the form of easement is
included for the Owner's information. The applicant may contact jenna.auger@metrolinx.comwith questions
and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks).
The Proponent shall provide confirmation to Metrolinx, that the following warningclause has been inserted into
all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each
dwelling unit within 300 metres of the Railway Corridor:
Warning:The Applicant is advised that the subject land is located within Metrolinx’s 300 metres railway
corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in
interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further
advised that there may be alterations to or expansions of the rail or other transit facilities on such right-
of-way in the future including the possibility that Metrolinx or any railway entering into an agreement
with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter
their operations, which expansion or alteration may affect the environment of the occupants in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design
of the development and individual lots, blocks or units.
GO/HEAVY-RAIL–ADVISORYCOMMENTS
Noting that there is no proposed construction for this variance, should any future construction occur over the
subject lands, the applicant is advised to contact Metrolinx, as agreements may be required.
Should you have any questions or concerns, please contact jenna.auger@metrolinx.com.
Best Regards,
JennaAuger
Project Analyst, Adjacent Construction Review (ACR)
20 Bay Street | Toronto | Ontario | M5J 2W3
T: (416)-881-0579
Adjacent Development Review: A2025-101
199 BreithauptStreet, Toronto, ON
Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Properties section of the Transfer Easement to which this Schedule is attached (the “Easement
Lands”).
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors
and assigns, apermanent and perpetual non-exclusive easement or right and interest in the
nature of a permanent and perpetual non-exclusive easement over, under, along and upon
the whole of the Easement Lands and every part thereof for the purposes of discharging,
emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time
during the day or night (provided that doing so is not contrary to law applicable to Metrolinx)
with noise, vibration and other sounds and emissions of every nature and kind whatsoever,
including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic
interference and stray current but excluding spills, arising from or out of, or in connection
with, any and all present and future railway or other transit facilities and operations upon the
lands of the Transferee and including, without limitation, all such facilities and operations
presently existing and all future renovations, additions, expansions and other changes to such
facilities and all future expansions, extensions, increases, enlargement and other changes to
such operations.
THIS Easement and all rights and obligations arising from the above easement
shall extend to, be binding upon and enure to the benefit of the parties hereto and their
respective officers, directors, shareholders, agents, employees, tenants, sub-tenants,
customers, licensees and other operators, occupants and invitees and each of its or their
respective heirs, executors, legal personal representatives, successors and assigns. The
covenants and obligations of a party hereto, if such party comprises more thanone person,
shall be joint and several.
Easement in gross.
2