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Home My WebLink AboutDSD-2025-429 - A 2025-108 - 32 and 42 Windom Rd 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: Evan Wittmann, Senior Planner, 519-783-8523 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD-2025-429 SUBJECT: Minor Variance Application A2025-108 32 and 42 Windom Road RECOMMENDATION: That Minor Variance Application A2025-108 for 32 and 42 Windom Road requesting relief from Site Specific Provision (390) e) of Zoning By-law 2019-051, to permit interior side yard setbacks of 2 metres instead of the minimum required 2.5 metres, to facilitate the development of a 3 storey multiple residential building having 56 dwelling units, in accordance with Site Plan Application SPF25/066/W, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review and make recommendations regarding Minor Variance application A2025-108 requesting reduced interior side yard setbacks for 32 and 42 Windom Road. The key finding of this report is the Planning Act and approval is recommended. 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, addressed as 32 and 42 Windom Road, is located on the western side of Windom Road, a short distance south of the intersection with Thaler Avenueand currently contains two Single Detached buildings. The property is currently fenced off, pending demolition. Figure 1: View Of The Subject Property (Taken October 3, 2025) Community Areas Urban Structure and is Low Rise Residential Land Use and is subject to Site-Specific Policy No. 71 on Map 5 Area/Site Specific Policy Areas Figure 2: Official Plan Land Use Designation Low Density Residential Zone 5 with Site Specific Provision 390 (RES-5, 390-law 2019-051. Official Plan and Zoning By-law Amendment applications were approved in February 2024, which introduced the Site Specific Policy and site-specific zoning for the site. Site Specific Policy No. 71 states: Notwithstanding the Low Rise Residential land use designation and policies, applied to the lands located at 32-42 Windom Road, the maximum Floor Space Ratio shall be 1.4 and the maximum building height shall be 15.1 metres. Site-Specific Provision (390) states: (390) Notwithstanding Tables 5-5 and 7-6 of this By-law within the lands zoned RES-5 and shown as affected by this subsection on Zoning Grid Schedule Number 239 of Appendix 'A', the following special regulations shall apply: a) The maximum Floor Space Ratio (FSR) shall be 1.4. b) The maximum building height shall be 15.1 metres. c) The minimum required parking shall be 0.81 space per dwelling unit. d) The minimum required visitor parking shall be 10% of required parking. e) The minimum side yard setback shall be 2.5 metres. f) The minimum required Class A Bicycle parking shall be 1 space per dwelling unit. g) Geothermal wells shall be prohibited. The side yard setback requirement for the subject property is provided in this site-specific zoning, which decreased the 3 metre requirement down to 2.5 metres. This Minor Variance application seeks further relief, decreasing the required setback to 2 metres. In September of 2025, the Site Plan Application to implement the OPA and ZBA was given onditional Approval (SPF25/066/W). This Site Plan Application further revised the concept plan from the OPA/ZBA Application stage, with reduced interior side yard setbacks on the both the northern and southern lot lines. Figure 3: Zoning By-Law 2019-051 (Subject Site In Red) 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 Policy 4.C.1.8. of the Official Plan provides direction when considering minor variance applications for residential intensification. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood and will have regard to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report and Urban Design Scorecard. The massing and scale presented by the slightly reduced setbacks is consistent with the initial reduction to 2.5 metres. The additional 0.5 metre reduction would largely be imperceptible from a massing perspective. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. Bringing the stacked townhouses 0.5 metres closer to the internal lot lines presents a very similar scenario regarding privacy and screening. The habitable areas of the adjacent properties are well set back from or do not face the internal lot lines. Accordingly, the variances will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of interior side yard setbacks are to ensure compatible built forms between adjacent properties and suitable room for access and landscaping. The initial reduction from the RES-5 zone requirement of 3 metres was reviewed and approved as part of the Zoning By-law Amendment Application for the property, in which staff noted that multiple dwelling developments are on both sides of the subject property, both containing drive aisle/parking areas along the side property line, resulting in adequate building separation. Staff are satisfied that the further 0.5 metre reduction continues to meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effect of the requested variances will bring the massing of the stacked townhouse blocks 0.5 metres closer to both the northern and southern lot lines. In assessing if the effects of a variance are minor, a common approach is to consider potential impacts to nearby properties. For internal setbacks, both the abutting northern and southern properties can be looked at to ensure compatibility. The northern property (20 Windom Road) is a 12-unit, multiple dwelling development. A parking area is located at the front of the property, spanning the width of the property. The building is centrally located on the lot, with amenity areas for each unit being located on both sides of the building. These amenity areas are separated from the lot line by an access sidewalk, located roughly 4.5 metres from the lot line. Bringing the proposed stacked townhouses 0.5 metres nearer to this lot line will not bring new impacts. The southern property (48 Windom Road) is also a multiple dwelling development, consisting of two, six-unit buildings. The access drive aisle for this property is along the northern lot line, adjacent to the subject property. A 2 metre setback rather than a 2.5 metre setback will largely have the same impact to the drive aisle. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The 2 metre setback distance was brought upon slight revisions to the site plan, altering the staircases to the lower level units of the proposed stacked townhouse development. The altered design allows for a more functional site design, which in itself is desirable. As noted in this report, no adverse impacts are anticipated by reducing the side yard setback an additional 0.5 metres. As such, the overall implementation of the reduced side yard is desirable for the appropriate development of the property. Figure 4: Northern Lot Line Figure 5: Southern Lot Line Environmental Planning Comments: No natural heritage features/functions. Trees and compliance with the Tree Management Policy would have been addressed as part of SP25/066/W by the Urban Designer. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application have been made for the stacked townhouses. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: All Parks & Forestry requirements will be addressed through Site Plan Application SPF25/066/W. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo: 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 i Planning Division. Due to the Canada Post strike, the regular notice of the application was unable to be mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Planning Statement (PPS 2024) Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A Site Plan Attachment A Site Plan 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