HomeMy WebLinkAboutCA Agenda - 2025-11-181
KITc�ivER
Committee of Adjustment
Agenda
Tuesday, November 18, 2025, 10:00 a.m. -12:00 p.m.
Council Chambers
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
(Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended,
and Ontario Regulations 197/96 and 200/96, as amended)
TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council
Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on Tuesday, NOVEMBER 18, 2025,
commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance
and/or Consent.
Applicants or Agents must attend in support of the application. This is a public meeting. Anyone
having an interest in any of these applications may make an oral submission at the meeting or
provide a written submission for Committee consideration. Please note this is a public meeting and
will be livestreamed and archived at www.kitchener.ca/watchnow.
The complete agenda, including staff reports will be available online the Friday prior to the week of
the meeting date.
Pages
1. COMMENCEMENT
2. MINUTES
3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
Members of Council and members of the City's local boards/committees are
required to file a written statement when they have a conflict of interest. If a
conflict is declared please visit www.kitchener.ca/conflict to submit your written
form.
4. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT
TO THE PLANNING ACT
5. UNFINISHED BUSINESS
5.1 A 2025-109 - 29 Edna Street, DSD -2025-418 4
Requesting a minor variance to permit an Additional Dwelling Unit (ADU)
(Detached) to have a lot coverage of 21.6% rather than the maximum
permitted 15% to facilitate the construction of a Detached ADU in the
rear yard of the subject property.
6. NEW BUSINESS
6.1 A 2025-113 - 25 Eby Street South, DSD -2025-456 19
Requesting a minor variance to permit a street line facade opening of
10% rather than the minimum required 20%, to facilitate the construction
of a rear yard addition to the existing building for a main floor restaurant,
in accordance with Site Plan Application SPB25/075/E.
6.2 A 2025-114 - 21 Sherwood Avenue, DSD -2025-452 31
Requesting a minor variance to permit a front yard setback of 5.3m rather
than the minimum required 6.3m to facilitate the construction of a mud
room addition at the front of the existing detached dwelling.
6.3 A 2025-115 - 475-477 Lancaster Street West, DSD -2025-448 43
Requesting minor variances to permit a parking requirement of 56
parking spaces (0.9 parking spaces per dwelling unit) rather than the
minimum required 61 parking spaces (1 parking space per dwelling unit);
and, to permit three (3) new ground floor dwelling units with no private
patio that is a minimum of 11sq.m. in area whereas a private patio that is
a minimum of 11sq.m. is required, to facilitate the development of 3 new
dwelling units to an existing multiple residential development having 58
dwelling units, for a total of 61 dwelling units, in accordance with Site
Plan Application SPB25/056/L.
6.4 A 2025-116 - 60 Sandsprings Crescent, DSD -2025-455 55
Requesting a minor variance to permit a westerly side yard setback of
0.9m rather than the minimum required 1.2m to facilitate the construction
of a roof attached to the existing dwelling, over an existing rear patio.
7. ADJOURNMENT
8. PLANNING ACT INFORMATION
Additional information is available at the Legislated Services
Department, 2nd Floor, Kitchener City Hall, 200 King Street West,
Kitchener 519-741-2203 or by emailing CofA(a)kitchener.ca.
Copies of written submissions/public agencies' comments are available
the Friday afternoon prior to the meeting on the City of Kitchener
website www.kitchener.ca/meetings in the online Council and
Committee calendar; see the meeting date for more details.
Anyone having an interest in any of these applications may attend this
Page 2 of 67
meeting
Only the Applicant, Minister, specified person (as defined in Section 1 of
the Planning Act) or public body that has an interest in the matter has
the right to appeal of decisions of the Committee of Adjustment. These
parties must make written submissions to the Committee prior to the
Committee granting or refusing Provisional Consent otherwise, the
Ontario Land Tribunal (OLT) may dismiss the appeal.
Any personal information received in relation to this meeting is collected
under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13,
and will be used by the City of Kitchener to process Committee of
Adjustment applications. Questions about the collection of information
should be directed to Marilyn Mills at marilyn.mills(a)kitchener.ca.
If you wish to be notified of a decision, you must make a written request
to the Secretary -Treasurer, Committee of Adjustment, Kitchener City
Hall, 200 King St. W., Kitchener ON, N2G 4G7.
The Notice of Hearing for this meeting was published in the Record on the 31 st
day of October, 2025.
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
Page 3 of 67
Staff Report
r
JR
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: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: October 3, 2025
REPORT NO.: DSD -2025-418
SUBJECT: Minor Variance Application A2025-109 - 29 Edna Street
RECOMMENDATION:
That Minor Variance Application A2025-109 for 29 Edna Street requesting relief from
the Section 5.22.1 c) of Zoning By-law 85-1 to permit a lot coverage of 21.6% instead
of the maximum permitted 15%, to facilitate the construction of an Additional
Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in
accordance with drawings prepared by JR Design and Consultants, dated
September 2025, BE APPROVED, subject to the following conditions:
1. That the Owner shall 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.
3. That prior to any grading, servicing or the application or issuance of a
Demolition and/or Building Permit, the Owner shall submit a plan, prepared by a
qualified consultant, to the satisfaction and approval of the City's Manager, Site
Plans, showing the following:
(i) the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
(ii) the location of any existing buildings or structures to be removed or
relocated;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 4 of 67
(iii) the proposed grades and drainage;
(iv) the location of all trees to be preserved, removed or potentially impacted
on or adjacent to the subject lands, including notations of their size,
species and condition;
(v) justification for any trees to be removed;
(vi) outline tree protection measures for trees to be preserved; and
(vii) If necessary, the plan shall include required mitigation and/or
compensation measures.
Any alteration or improvement to the lands including grading, servicing, tree
removal and the application or issuance of any Demolition and/or Building
permits shall be in compliance with the approved plan. Any changes or revisions
to the plan require the approval of the City's Manager, Site Plans.
4. That 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.
5. That the Owner 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:
"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."
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application to permit the
construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of 29
Edna Street.
• The key finding of this report is that the requested minor variance meets all 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
posted to the City's website with the agenda in advance of the Committee of
Adjustment meeting. Notice of the application is also mailed to all property owners
Page 5 of 67
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-west side of Edna Street and Victoria Street
North. It is in the Central Frederick neighbourhood which is primarily comprised of low-rise
residential and commercial uses.
Figure 1: Location Map — 29 Edna Street (Outlined in Red)
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Conservation A' on Map 20 — Central Frederick Neighbourhood Plan
for Land Use in the City's 1994 Official Plan.
The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1
The purpose of the application is to review a Minor Variance Application to facilitate the
construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject
property.
Page 6 of 67
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Figure 2: Site Plan of Requested Variance for Accessory Building
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Figure 3: Front Elevation of Proposed Structure
Page 7 of 67
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Figure 5: Floor Plan of Proposed Structure
Development and Housing Approvals Staff conducted a site visit on October 1, 2025.
Page 8 of 67
Figure 6: Existing Site Conditions as of October 1, 2025
Figure 7: Existing Driveway (To be Modified in Accordance with the Site Plan)
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:
Page 9 of 67
General Intent of the Official Plan
The intent of the 'Low -Rise Conservation - A' designation is to preserve the scale, use and
intensity of existing development. This designation is applied to those portions of the
community where the vast majority of land use are single detached dwellings. The
dwellings are in good structural condition, and they are exhibits of the characteristics of a
stable family-oriented area. Policy 4.C.1.23 in the 2014 Official Plan permits up to 3
Additional Dwelling Units (ADUs) subject to meeting any other applicable policies in the
Official Plan and Zoning By-law regulations.
4. C. 1.23. The City may permit up to three additional dwelling units, attached and/or
detached, on a lot which contains a single detached dwelling, a semi-
detached dwelling or a street -townhouse dwelling as the principal use,
unless otherwise limited by the policies of this Plan, and in accordance with
the City's Zoning By-law, in order to provide additional housing options to
Kitchener homeowners and residents.
The proposed Additional Dwelling Unit use of the property conforms to the land use
designation and is a desirable addition to a residential property. Staff is in opinion that
requested variance to construct Additional Dwelling Unit (ADU)(Detached) meets the
general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum lot coverage is to ensure that accessory buildings remain
secondary to the principal building. Combining the ADU and the existing shed exceeds the
maximum permitted 15% lot coverage of accessory buildings by 6.6% or 32.6 square
metres. However, when considered independently the ADU does not exceed the
maximum permitted size of 80 square metres and the existing shed does not exceed the
15% coverage of the lot. Also, both the existing shed and the ADU individually comply with
the maximum 15% permitted lot coverage. Staff is of opinion that the variance meets the
general intent of the Zoning By-law, with the shed and ADU remaining secondary and
accessory to the principal building.
Is/Are the Effects of the Variance(s) Minor?
The variance is minor in nature. The combined 32.6 square metres increased lot coverage
is not noticeable when compared to the overall size of the structures relative to the lot. The
ADU will be located at the far rear of the property. The effects of the variance will be minor
as the increased lot coverage will not be discernable or noticeable from the streetscape.
Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land,
Building and/or Structure?
The variance for an increased lot coverage is a desirable and an appropriate use of the
land as it facilitates the construction of an Additional Dwelling Unit (ADU). The increased
lot coverage will improve the usability of the land by accommodating the ADU and shed
and provide an opportunity for gentle intensification adjacent to an urban and transit
corridor.
Environmental Planning Comments:
There are no natural heritage features/functions, however, there appear to be trees in
shared ownership which may be affected by the construction of the ADU. Please include
the Standard condition to complete a Tree Protection and Enhancement Plan.
Page 10 of 67
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 has been made for the detached ADU.
Engineering Division Comments:
No comments or 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 Comments:
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 ienna.auger(a)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:
o 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 rightof-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.
Page 11 of 67
Should you have any questions or concerns, please contact ienna.auger(a)metrolinx.com
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 — This report has been posted to the City's website with the agenda in advance
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
interested parties to find additional information on the City's website or by emailing the
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 (1994 and 2014)
• Zoning By-law 85-1
Page 12 of 67
Septmeber 29th, 2025
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
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
Page 13 of 67
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,
("_&aW "g
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
Document Number: 5041192
Page 14 of 67
October 3, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
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
via email
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.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 15 of 67
Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 16 of 67
:Dt= METROLINX 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
DATE: September 29th, 2025
RE: Adjacent Development Review: A2025-109
29 Edna Street, Toronto, ON
Minor Variance
Metrolinx is in receipt of the Minor Variance application for 29 Edna Street, to permit an additional dwelling unit on site
in the rear yard of the property, as circulated on September 261h, 2025, and to be heard at Public Hearing on October
21 st, 2025. Metrolinx's comments on the subject application are noted below:
• 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 ienna.auger@metrolinx.com with questions
and to initiate the registration process. (It should be noted thatthe registration process can take up to 6 weeks).
The Proponent shall provide confirmation to Metrolinx, thatthe 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:
• Warning: The Applicant is advised thatthe 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 othertransit 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.
Should you have any questions or concerns, please contact ienna.auger@metrolinx.com.
Best Regards,
Jenna Auger
Project Analyst, Adjacent Construction Review (ACR)
20 Bay Street I Toronto I Ontario I M5J 2W3
T: (416)-881-0579
Page 17 of 67
Adjacent Development Review: A2025-109
29 Edna Street, Toronto, ON
Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Properties section ofthe Transfer Easementto 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, a permanent 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 than one person,
shall be joint and several.
Easement in gross.
:X: METROLINX 2
Page 18 of 67
Staff Report
r
JR
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 fagade 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 `Conditionally 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
and this report was posted to the City's website with the agenda in advance of the
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.
Page 19 of 67
Figure 1: Location Map
Figure 2: Zoning Map
The subject property is identified as `Protected Major Transit Station Area' on Map 2 —
Urban Structure and is designated `Strategic Growth Area C' on Map 3 — Land Use in the
City's 2014 Official Plan.
Page 20 of 67
The property is zoned `High Rise Growth Zone (Limited) Zone (SGA -3)' 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 cafe/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
amended zoning regulations for Major Transit Station Areas within the city's core.
Previously zoned as `East Market Zone (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 fagade 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 fagade. 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 fagade openings.
Page 21 of 67
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UNT PAVER DRNE WAY BICYCLE TYPE B
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PROPOSED
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Figure 3: Conditionally Approved Site Plan
Figure 4: North Side Exterior Elevation
Page 22 of 67
INE
1301
PROPOSED
36X40
3BX40
ADDITION
M��M
4BX30
30X40
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.0X40
36X60
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6" ABOVE GRADE
LD 2.4 M
4' BELOW GRADE
U PO = 70 S
RIGHT ELEVATION
BF A= 665
PERMITTE
Figure 4: North Side Exterior Elevation
Page 22 of 67
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.
Page 23 of 67
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) Compliance with the City's Urban Design Manual and 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. Accordingly, it is staff's opinion that the requested
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 fagade openings is to
promote active street frontages, enhance the pedestrian experience, and encourage high-
quality urban design.
Page 24 of 67
In this case, the reduced fagade openings result from an existing condition. The building
was originally constructed as a single detached dwelling, and then the ground floor 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 fagade openings fall below the minimum required, the impact on the
streetscape is minimal due to the building's existing condition, 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.
Page 25 of 67
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 — This report has been posted to the City's website with the agenda in advance
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
interested parties to find additional information on the City's website or by emailing the
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
Page 26 of 67
Region of Waterloo
October 24, 2025
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT
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
Document Number: 5108306 Version: 1
Page 27 of 67
October 30, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
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 — November 18, 2025
Applications for Minor Variance
A 2025-113
25 Eby Street South
A 2025-114
21 Sherwood Avenue
A 2025-115
475-477 Lancaster Street West
A 2025-116
60 Sandsprings Crescent
via email
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 have any questions, please contact me at aherreman(a-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 28 of 67
From: Jenna Auger
To: Committee of Adiustment (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.ona
Good morning,
Thankyou 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 I Toronto I Ontario I M5J 2W3
loll ETI+ LI X
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (IPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: October 23, 2025 12:42 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - November 18, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
Fiable, ou clue vous ayez I'assurance clue Ie contenu provient d'une source sure.
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.
Page 29 of 67
Please note: If you have comments, your written report must be sent to CofA(cDkitchener.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 I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaC(:bl<itchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 30 of 67
Staff Report
r
JR
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: Maitland Graham, Student Planner, 519-783-7879
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: October 31, 2025
REPORT NO.: DSD -2025-452
SUBJECT: Minor Variance Application A2025-114 — 21 Sherwood Avenue
RECOMMENDATION:
That Minor Variance Application A2025-114 for 21 Sherwood Avenue requesting
relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a front yard
setback of 5.3 metres instead of the minimum required 6.3 metres, to facilitate the
construction of a mud room addition at the front of the existing detached dwelling,
generally in accordance with drawings prepared by Igor Polevychok, dated
September 17, 2025, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application requesting a front
yard setback of 5.3 metres rather than the minimum required setback of 6.3 metres.
• The key finding of this report is that all four tests of the Planning Act have been met.
• 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
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• 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.
Page 31 of 67
BACKGROUND:
The subject property is located on the western side of Sherwood Avenue, which is
predominantly comprised of low rise detached dwellings.
Figure 1: Aerial view of the Subject Property.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-
051.
The purpose of the application is to review a request for relief from Section 7.3, Table 7-2,
to permit a 5.3 metre front yard setback instead of the minimum required 6.3 metres
setback required by Zoning By-law 2019-051 to facilitate the construction of a mud room
addition.
Page 32 of 67
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Figure 2: Site Plan of the Subject Property showing the location of the proposed
mud room addition.
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Figure 3: North Elevation of the Subject Property.
Page 33 of 67
PROPOSED I EXISTING HOUSE
1 WEST ELEVATION
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Figure 4: West Elevation of the Subject Property.
1 ROOF PLAN
Figure 5: Top view of the proposed addition.
Page 34 of 67
Figure 6: Site photo of 21 Sherwood Avenue.
Figure 7: Left side view of the proposed addition location, showing the
neighbouring property's projection into the front yard.
Page 35 of 67
Figure 8: Right ride view of the proposed addition location.
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
The subject property is designated `Low Rise Residential' on Map 3 — Land Use. The
intent of the Low Rise Residential designation is to accommodate a diverse range of low-
rise housing types while maintaining the low-density character of the neighbourhood. The
use of the property for a detached dwelling is permitted, and a front yard mud room
addition is a natural extension of the living space. Planning Staff is of the opinion that the
proposed minor variance to facilitate a mud room addition in the front yard meets the
general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the minimum front yard setback is to ensure adequate separation between a
dwelling and the street line to address noise, pollution, safety and privacy considerations.
The regulation also ensures an ample amount of front yard amenity space, facilitation of
greater stormwater management, and promotes uniformity of built form along the street
and within the neighbourhood.
Page 36 of 67
For properties within an Appendix `D' Neighbourhood, the front yard setback is determined
by the established front yard defined as the average front yard setback of the closest
abutting properties minus one metre. The average setback of the abutting properties was
determined to be 7.3 metres, requiring a minimum 6.3 metre front yard setback for the
building on the subject property.
Planning Staff are of the opinion that a reduction to 5.3 metres would remain compatible
with the built form along the street and within the neighbourhood, as supported by the
abutting property,15 Sherwood Avenue, which has a similar front yard projection as seen
in Figure 7. The reduced front yard setback will continue to provide an adequate amount of
front yard space for amenities and stormwater management, while maintaining sufficient
separation from the street line to avoid adverse impacts related to noise, pollution, safety
or privacy factors.
Is/Are the Effects of the Variance(s) Minor?
The effects of the requested front yard setback variance are considered minor as the
abutting property at 15 Sherwood Avenue features a similar projection into the front yard.
The proposed addition would not be visually prominent or out of character with the
surrounding neighbourhood. Planning staff are therefore of the opinion that the effects of
the requested variance will be minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed mud room addition is a natural extension of the subject property's living
space and is compatible with the streetscape setbacks and neighbourhood built form.
Planning Staff have the opinion that the proposed variance is desirable for the appropriate
development of the dwelling on the subject property in the context of the streetscape.
Environmental Planning Comments:
No natural heritage or tree management policy concerns.
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 has been made for the addition to the existing detached dwelling.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
There is an existing City -owned street tree within the right-of-way on Sherwood Avenue.
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
Protection and Enhancement Plans to Forestry's satisfaction will be required outlining
complete protection of City assets prior to any demolition or building permits being issued.
Page 37 of 67
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 — This report has been posted to the City's website with the agenda in advance
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
interested parties to find additional information on the City's website or by emailing the
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
Page 38 of 67
Region of Waterloo
October 24, 2025
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT
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
Document Number: 5108306 Version: 1
Page 39 of 67
October 30, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
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 — November 18, 2025
Applications for Minor Variance
A 2025-113
25 Eby Street South
A 2025-114
21 Sherwood Avenue
A 2025-115
475-477 Lancaster Street West
A 2025-116
60 Sandsprings Crescent
via email
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 have any questions, please contact me at aherreman(a-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 40 of 67
From: Jenna Auger
To: Committee of Adiustment (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.ona
Good morning,
Thankyou 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 I Toronto I Ontario I M5J 2W3
loll ETI+ LI X
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (IPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: October 23, 2025 12:42 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - November 18, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
Fiable, ou clue vous ayez I'assurance clue Ie contenu provient d'une source sure.
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.
Page 41 of 67
Please note: If you have comments, your written report must be sent to CofA(cDkitchener.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 I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaC(:bl<itchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 42 of 67
Staff Report
r
JR
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 1
DATE OF REPORT: October 30, 2025
REPORT NO.: DSD -2025-448
SUBJECT: Minor Variance Application A2025-115
475-477 Lancaster Street West
RECOMMENDATION:
That Minor Variance Application A2025-115 for 475-477 Lancaster Street West,
requesting relief from the following Sections of Zoning By-law 2019-51:
i) Section 5.6 a), Table 5-5, to permit a parking requirement of 56 parking spaces
(0.9 parking spaces per dwelling unit) instead of the minimum required 61
parking spaces (1 parking space per dwelling unit); and
ii) Section 7.3, Table 7-6, to permit three (3) new ground floor dwelling units to not
provide a private patio that is a minimum of 11 square metres in area, whereas
a private patio that is a minimum of 11 square metres is required;
to facilitate the development of three (3) new dwelling units to an existing multiple
residential development having 58 dwelling units, for a total of 61 dwelling units, in
accordance with `Conditionally Approved' Site Plan Application SPB25/056/L, BE
APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review minor variances to facilitate the creation of 3
new dwelling units within an existing multiple dwelling building
• The key finding of this report is that the requested minor variances meet 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 43 of 67
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the Bridgeport West neighbourhood, north of Highway 8
to the west of Lancaster Street West.
Figure 1: Area Map
Figure 2: Zoning Map
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
Page 44 of 67
The property is zoned `Low Rise Residential Five Zone (RES -5)' under Zoning By-law
2019-051.
This site was developed in 1980 with two (2) multiple -dwelling residential buildings.
Building #475 contains 28 dwelling units and Building #477 contains 30 units. The site is
currently identified as non-profit housing. The applicant has submitted a Stamp Plan B Site
Plan Application SPB25/056/L to add 3 dwelling units in the attached garages and storage
room within the existing multiple dwelling building at 475 Lancaster Street West and to
update the parking lot. With this proposal, the total number of dwelling units on the site will
increase to 61. The proposed variances relate to:
• Reduction in the required number of parking spaces required per dwelling unit.
• The requirement for a private patio for the ground -floor unit.
The Stamp Plan B Site Plan Application has been reviewed with all applicable divisions
and agencies and has received `Conditional Approval', subject to receiving approval of the
Minor Variances.
SITE STATISTICS
Zo*q RES -5 am
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Figure 3: The Proposed Site Plan
Development and housing staff visited the site on October 30, 2025.
Page 45 of 67
Figure 4: The Existing Site and Parking Area
Figure 5: Building # 475, where the Additional Units will be added
Page 46 of 67
Figure 6: The Driveway Entrance Leading to 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.3.3. in the City's Official Plan states that to support the successful integration
of different housing types, specifically multiple residential developments, through new
development/redevelopment and/or residential intensification, within lands designated Low
Rise Residential, Medium Rise Residential or High Rise Residential, the City will apply
design principles in accordance with the Urban Design Policies in Section 11. An
emphasis will be placed on:
a) compatibility of building form with respect to massing, scale, design;
b) the relationship of housing to adjacent buildings, streets and exterior areas;
c) adequate and appropriate parking areas are provided on site; and
d) adequate and appropriate amenity areas and landscaped areas are provided on site.
The proposal is to add three additional non-profit dwelling units within the existing building
footprint, with an improved parking layout, and an existing green/ amenity area maintains
the general intent of the Official plan.
Page 47 of 67
General Intent of the Zoning By-law
Reduction in parking. The parking requirement intends to ensure adequate parking
availability and prevent spillover onto public streets. However, for non-profit housing, a
reduced rate of 0.9 spaces per unit is justified due to generally lower car ownership among
residents. Additionally, the site presents existing constraints that make it challenging to
add more parking in a safe and functional manner. Maintaining a lower parking ratio
supports affordability, aligns with sustainable planning principles, and encourages
alternative modes of transportation.
Private Patio Requirement: The requirement for a private patio for ground -floor units is
intended to provide residents with adequate private outdoor amenity space, contributing to
their overall quality of life. While two of the proposed units include patios, they fall short of
the minimum 11 m2 required by the Zoning By-law. However, the site includes landscaped
areas that function as shared amenity space, fostering community interaction and
supporting resident well-being. Due to existing site constraints, it is not feasible to add
additional patio space.
Based on the above, it is staff's opinion that the requested variances meet the intent of the
zoning By-law
Is/Are the Effects of the Variance(s) Minor?
The reduction in parking requirement is considered minor as it represents a 10%
decrease, which is modest in scale and unlikely to result in significant impacts on parking
availability for the site or negative impacts on the neighbourhood.
Two of the three proposed units will include small patios that, while below the minimum
required size, still function as private amenity spaces. In addition, the site provides
landscaped areas that serve as shared outdoor amenity space for all residents, helping to
meet the intent of the Zoning By-law.
Based on these considerations, the effects of the requested variances are deemed minor
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances are desirable and appropriate, as they will facilitate the addition of
three new units not for profit dwellings, within the existing built form that is compatible in
scale, massing, and height, utilizes existing infrastructure, and supports the City's Housing
Pledge.
Environmental Planning Comments:
No natural heritage concerns. Trees and Policy compliance will be addressed by Urban
Designer as part of Site Plan Application.
Heritage Planning Comments:
No heritage comments or concerns.
Page 48 of 67
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building
permit for the additional residential units is obtained prior to construction. Please contact
the Building Division at building(a)kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns, no requirements. Any Parks related concerns or comments will be dealt with
through the associated Site Plan Application.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
While Staff's preference is to typically locate the barrier -free spaces between the buildings,
it is understood that residents requested the parking spaces to be located on the west side
of the building. Staff have no concerns with the revised location if it better serves
residents.
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 — This report has been posted to the City's website with the agenda in advance
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
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
Page 49 of 67
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 50 of 67
Region of Waterloo
October 24, 2025
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT
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
Document Number: 5108306 Version: 1
Page 51 of 67
October 30, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
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 — November 18, 2025
Applications for Minor Variance
A 2025-113
25 Eby Street South
A 2025-114
21 Sherwood Avenue
A 2025-115
475-477 Lancaster Street West
A 2025-116
60 Sandsprings Crescent
via email
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 have any questions, please contact me at aherreman(a-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 52 of 67
From: Jenna Auger
To: Committee of Adiustment (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.ona
Good morning,
Thankyou 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 I Toronto I Ontario I M5J 2W3
loll ETI+ LI X
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (IPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: October 23, 2025 12:42 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - November 18, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
Fiable, ou clue vous ayez I'assurance clue Ie contenu provient d'une source sure.
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.
Page 53 of 67
Please note: If you have comments, your written report must be sent to CofA(cDkitchener.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 I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaC(:bl<itchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 54 of 67
Staff Report
r
JR
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: Jade McGowan, Student Planner, 519-707-4759
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: November 5, 2025
REPORT NO.: DSD -2025-455
SUBJECT: Minor Variance Application A2025-116 — 60 Sandsprings Cres.
RECOMMENDATION:
That Minor Variance Application A2025-116 for 60 Sandsprings Crescent requesting
relief from Section 7.3, Table 7-1, of Zoning By-law 2019-051, to permit an interior
side yard setback of 0.9 metres instead of the minimum required 1.2 metres, to
recognize the construction of a roof, attached to the existing dwelling, over an
existing rear deck, generally in accordance with drawings submitted with Minor
Variance Application A2025-116, BE APPROVED, subject to the following condition:
1. That the Owner make an application for Building Permit. The application for
Building Permit shall address and ensure that drainage from the existing
dwelling and the deck structure on the subject property will not adversely
impact 56 Sandsprings Crescent.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application to recognize the
addition of a covered roof over an existing deck at 60 Sandsprings Crescent.
• The key finding of this report is that the Minor Variance meets 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, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• 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.
Page 55 of 67
BACKGROUND:
The subject property is located on the north side of Sandsprings Crescent, between
Devonglen Drive and Southwood Drive, in the Country Hills Planning Community. The
property contains a detached dwelling with an attached rear deck.
Figure 1: Location Map (Subject property outlined in Red)
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-
051.
The purpose of the application is to request relief to legalize the construction of a roof
structure attached to an existing detached dwelling over a rear deck. A minor variance is
required to allow an interior side yard setback of 0.9 metres where 1.2 metres is required.
A site visit was completed by Staff on October 31 st, 2025.
Page 56 of 67
15,24
Parcel Address M SANDS PRINGSCRES
PoGtAL Code NLIE: 2A,5
RaIL Number Label 040 047 32100
Poll 20
Legit Descri Rti o n PLAN 2375 LOT 40S
1.25
2,16
■
■
'01
■
Rtmfan
E d
cv
j Iting pKia
R.D:jd: Sandsprings Cres
Figure 2: Proposed Site Plan
Page 57 of 67
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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
The intent of the Low Rise Residential land use designation is to accommodate a full
range of low density housing types. The roof structure addition over an existing rear deck
is a natural extension of the existing detached dwelling that will provide shade over the
amenity area. Therefore, Planning Staff are of the opinion that the requested variance
maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the interior side yard setback regulation is to ensure an adequate setback
and privacy from neighbouring properties, maintain adequate access to the rear yard and
to accommodate for fire separation. The roof structure covers an existing amenity area
and will be located 0.9 metres rather than 1.2 metres and does not impede access to the
rear yard. Additionally, the covered deck is unenclosed, non -habitable, and does not
compromise access for emergency services. The covered deck will provide another type
of passive outdoor amenity space. Therefore, Planning Staff are of the opinion that the
requested variance maintains the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The roof structure addition will be in the location of an existing deck which is setback 0.9
metres from the side lot line. Staff do not anticipate that the reduced interior side yard
setback, of 0.3 metres, will create privacy concerns for neighbors or restrict rear yard
access, given the roof structure is unenclosed. Any potential drainage issues should be
addressed through the Building Permit process to prevent negative impacts on adjacent
properties. 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 covered deck will enhance the useable amenity space for the rear yard by providing a
sheltered area for passive recreation. Additionally, the applicant has stated that there is
currently a problem area under the existing deck where rain and snow is accumulating,
causing basement leaks. The roof structure will serve a practical purpose by improving
drainage conditions, allowing rain and snow to drain away from the foundation of the
detached dwelling towards the rear. As mentioned, the applicant shall ensure that there
are no negative drainage impacts on neighbouring properties through the Building Permit
Process. Therefore, Planning Staff are of the opinion that the requested variance is
desirable for the appropriate development and use of the land.
Environmental Planning Comments:
No comments or concerns.
Page 59 of 67
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the roof over the existing patio is obtained prior to construction. Please contact the
Building Division at building(a)kitchener.ca with any questions.
Engineering Division Comments:
No Concerns.
Parks Planning Comments:
No concerns, no requirements.
Transportation Planning Comments:
No comments.
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 — This report has been posted to the City's website with the agenda in advance
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
interested parties to find additional information on the City's website or by emailing the
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
Attachment A — Public Comment
Page 60 of 67
From; mike spina€he �c M>
Sent; Saturday, November 8, 2025 10;02 AM
To Committee of Adjustment (SM)-cCammitteeafAdjustment@kitehener_ca}
Subject: objcaion— Minor Variance A2025.116 0 Sandsprings Crescent)— 0pprsition to Hcdmud Side Yard Setback
I
Dear Committee of Adjustment Members,
am the homeowner at directly adjacent to
4 Sandspriings Crescent, and I am writing to formally oppose Minor
Variance A2025-116, which seeks to reduce the required interior
side -yard setback from 1.2 metres to 0.9 metres.
The purpose of the side -yard setback, as defined in Section 4.3.1 of
the City of Kitchener Zoning By-law 2019-661, is to ensure adequate
light, air, privacy, drainage, and fire separation between dwellings.
Reducing this requirement by 25 percent undermines these intended
protections and conflicts with the general intent of the by-law. Section
4.2.2 also requires accessory structures to comply with m[nimum yard
requirements, reinforcing the principle that side -yard spacing cannot
be compromised without causing measurable impact on adjacent
properties.
Further, the Ontario Building Code (013C) under Article 9.10.15,4 and
91015.5 sets minimum limiting distances to property lines for fire
protection. When a building face or structure is located less than 1.
Page 61 of 67
metres from a property line, unprotected openings such as windows
and eaves are restricted and construction must meet specific non-
combustible or fire -rated material requirements. Any structure placed
at 0.9 metres violates these fire separation standards unless it has
been engineered acoordingly, which does not appear to be the case.
The neighbouring property owner constructed the roof structure over
their deck without first obtaining the necessary approval or permit
from the City. Since this work was completed, drainage along the
shared property line has leen inadequate. During rainfall, their eaves
overflow directly onto my property and have caused water to enter
through my basement windows. This not only violates the intent of
Section 4.14 of the Zoning By-law regarding proper drainage control
but also presents an ongoing property damage risk.
It is my understanding that the neighbour constructed this roof
structure to address pre-existing foundation issues that caused water
leakage into their own basement. In doing so, they attempted to patch
a private problem wi#hout approval or consideration for neighbouring
properties_ This approach not only disregards theCity's permit
process but also perpetuates the original issue. Continued neglect of
the foundation problem will likely create additional drainage and
structural complications over tirne, compounding the negative effects
on adjacent homes.
There have also been Sy -law complaints in the past related to open
flames on this same deck. With the structure positioned so clause to
the property line, any use of barbecues -or heaters now directs smoke
and heat toward my windows. When my windows are open, smoke
and odour infiltrate my home, creating a safety and health concern
while also diminishing comfort and enjoyment of my property.
The required 1.2 metre setback is both reasonable and intentional. It
reflects the Ontario Building Code's requirements for fire separation
and the City's planning principles for compatible and safe
neighbourhood development. Approving this variance would reward
Page 62 of 67
construction that did not follow the proper process, set a negative
precedent for future compliance, and disregard the City's own key -law
standards that are in place to protect residents.
For these reasons, I respectfully request that the Committee of
Adjustment deny Minor Variance A2025-116 in its entirety_ The
reduction is not minor, does not meet the intent of the Zoning By-law
or the Ontario Building Code, and directly impacts light, safety,
drainage: and comfort for adjacent homeowners.
Thank you for considering my submission and taking the courtesy to
reach out to me regarding this variance proposal. Please confirm
receipt of this correspondence and that it will be circulated to the
Committee,
Sincerely,
Mihai Spinache
Owner
Phone:
Email:
Page 63 of 67
Region of Waterloo
October 24, 2025
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT
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
Document Number: 5108306 Version: 1
Page 64 of 67
October 30, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
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 — November 18, 2025
Applications for Minor Variance
A 2025-113
25 Eby Street South
A 2025-114
21 Sherwood Avenue
A 2025-115
475-477 Lancaster Street West
A 2025-116
60 Sandsprings Crescent
via email
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 have any questions, please contact me at aherreman(a-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 65 of 67
From: Jenna Auger
To: Committee of Adiustment (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.ona
Good morning,
Thankyou 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 I Toronto I Ontario I M5J 2W3
loll ETI+ LI X
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (IPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: October 23, 2025 12:42 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - November 18, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
Fiable, ou clue vous ayez I'assurance clue Ie contenu provient d'une source sure.
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.
Page 66 of 67
Please note: If you have comments, your written report must be sent to CofA(cDkitchener.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 I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaC(:bl<itchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 67 of 67