HomeMy WebLinkAboutDSD-2025-456 - A 2025-113 - 25 Eby Street South
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 18, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Arwa Alzoor, Planner, 519-783-8903
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: October 30, 2025
REPORT NO.: DSD-2025-456
SUBJECT: Minor Variance Application A2025-113 25 Eby Street South
RECOMMENDATION:
That Minor Variance Application A2025-113 for 25 Eby Street South, requesting
relief from Section 6.3.2, Table 6-3, of Zoning By-law 2019-051 to permit a minimum
street line façade openings of 10% instead of the minimum required 20%, to
facilitate a rear yard addition to the existing building for a main floor restaurant, in
accordance with the onditionally Approved Site Plan Application SPB25/075/E,
BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a Minor Variance Application to facilitate a rear
ground floor addition to the restaurant
The key finding of this report is that the requested minor variance meets the 4 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, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the city's commercial core between King Street East and
Charles Street East, to the west of Cedar Street North.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map
Figure 2: Zoning Map
Land Use in the
-with Site-Specific
Provision (2) in Zoning By-law 2019-051.
The subject property is currently a mixed-use building. The ground floor contains a
restaurant that was established in 2005, following the approval of a building permit to
convert the ground floor of a single detached dwelling into a café/restaurant with a side
porch. As part of this Building Permit, the second floor was converted into office space, as
it lacked a kitchen and therefore did not function as a dwelling unit.
The property was recently rezoned under the Growing Together Zoning framework, which
Previously zoned as D-2, the property is now zoned SGA-3 with
Site-Specific Provision (2). The SGA Zone includes regulations regarding the minimum
percentage of street-facing façade openings.
Recently, a new Stamp Plan B Site Plan Application was made for a rear addition and to
reintroduce residential use on the second floor by adding a kitchen, thereby converting it
into a dwelling unit.
As the property is located on a corner lot, a rear addition on the ground floor affects the
flanking street line façade. This results in a total number of windows/openings that falls
below the minimum required by the Zoning By-law.
The purpose of this application is to legalize the rear addition on the ground floor of the
mixed-use building and permit it to be used for a restaurant use, despite the reduced
number of façade openings.
Figure 3: Conditionally Approved Site Plan
Figure 4: North Side Exterior Elevation
Development and housing staff visited the site on October 30, 2025.
Figure 5: Front elevation of the Site
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 15.D.2.4 in the Official Plan states that the Urban Growth Centre (Downtown) and
Protected Major Transit Station Areas will be planned for continued commercial viability
and all other land use designations allowing commercial development will have regard for
and in no way compromise this planned function of the Urban Growth Centre (Downtown)
and Protected Major Transit Station Areas.
Figure 6: Exterior Side Elevation
In addition, Policy 15.D.2.5 discusses if an application is seeking relief from the
implementing zoning through a minor variance(s) or amendment to the Zoning By-law,
and/or seek to amend this Plan will consider the following factors:
a) Compatibility with the planned function of the subject lands and adjacent lands;
b) Suitability of the lot for the proposed use and/or built form;
c) Lot area and consolidation as further outlined in Policy 3.C.2.11;
d) d Policy 11.C.1.34;
e) Cultural heritage resources, including Policy 15.D.2.8; and,
f) Technical considerations and other contextual or site specific factors.
This variance will recognize an existing building with its rear addition on an existing lot.
The restaurant will provide commercial component and will be compatible with the
surrounding built form of the area
variance will meet the general intent of the Official Plan
General Intent of the Zoning By-law
The intent of the Zoning By-law requirement for minimum street line façade openings is to
promote active street frontages, enhance the pedestrian experience, and encourage high-
quality urban design.
In this case, the reduced façade openings result from an existing condition. The building
was originally constructed as a single detached dwelling, and then thegroundfloor was
converted into a restaurant through a Building Permit. Its built form reflects its residential
origins, maintaining a low-rise profile that is consistent with neighbouring buildings and
structures and does not dominate the streetscape. The rear addition is modest in scale
and includes a small window that aligns with the existing architectural character of the
building.
Given these existing conditions, the proposed variance is considered to meet the intent of
the Zoning By-law by maintaining compatibility with the surrounding built form while
supporting the continued mixed-use function of the property.
Is/Are the Effects of the Variance(s) Minor?
The requested variance is considered minor as the built form is existing, and the rear
addition is aligned with the existing built form. The rear addition is modest in scale and
includes a small window that aligns with the existing architectural character of the building.
While the overall façade openings fall below the minimum required, the impact on the
, trees in front of the building
wall and its continued compatibility with adjacent properties.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable and appropriate as the built form matches the neighbourhood
characteristics of a modest 2-storey mixed-use building, with residential appearance,
which provides a non-residential unit that is well integrated into the existing urban fabric
and aligns with the Strategic Growth Area objectives by supporting mixed-use
intensification near a Major Transit Station Area
Environmental Planning Comments:
No natural heritage features/functions. Trees-whether City street trees or required
landscaping, would be addressed through the Site Plan Application process.
Heritage Planning Comments:
The property municipally addressed as 25 Eby Street South has no heritage status.
However, it is located adjacent to 33 Eby Street South, which is designated under Part IV
of the Ontario Heritage Act. It is also located adjacent to Cedar Hill Neighbourbood
Cultural Heritage Landscape. The proposed application is not anticipated to have an
adverse negative impact on these cultural heritage resources. Hence, staff have no
comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
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.
Grand River Conservation Authority (GRCA) Comments:
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.
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. A notice of the application was 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
October 24, 2025
File No.: D20-20/VAR KIT
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting November 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 113 25 Eby Street S No Concerns
2) A 2025 114 21 Sherwood Avenue No Concerns
3) A 2025 115 475-477 Lancaster Street West No Concerns
4) A 2025 116 60 Sandsprings Crescent 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.
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,
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЎЊЉБЌЉЏ ĻƩƭźƚƓʹ Њ
October 30, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting November 18, 2025
Applications for Minor Variance
A 2025-11325 Eby Street South
A 2025-11421 Sherwood Avenue
A 2025-115475-477 Lancaster Street West
A 2025-11660 Sandsprings Crescent
Grand River Conservation Authority (GRCA) staff havereviewed 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 arenot subject to Ontario
Regulation 41/24and,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:Jenna Auger
To:Committee of Adjustment (SM)
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - November 18, 2025 Meeting
Date:Tuesday, October 28, 2025 10:33:38 AM
Attachments:image001.png
Good morning,
Thank you for circulating the following agenda.
Upon review, it is noted that no applications fall within Metrolinx review zones. As such,
Metrolinx issues no comments or concerns for this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street | Toronto | Ontario | M5J 2W3
**Adjacent Construction Review (ACR) was formerly Third-Party Projects Review (TPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: October 23, 2025 12:42 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - November 18, 2025
Meeting
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Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment meeting
scheduled for Tuesday, November 18, 2025, have been loaded and circulated through ShareFile. You
should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions on any of
these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to CofA@kitchener.ca no
later than 12 noon on Monday, November 3, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.ca
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