HomeMy WebLinkAboutDSD-2025-480 - A 2025-119 - 455 Old Chicopee Trail
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 9, 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 2
DATE OF REPORT: November 26, 2025
REPORT NO.: DSD-2025-480
SUBJECT: Minor Variance Application A2025-119- 455 Old Chicopee Trail
RECOMMENDATION:
That Minor Variance Application A2025-119 for 455 Old Chicopee Trail requesting
relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a rear yard
setback for an addition of 4.8 metres and a rear yard setback for a deck of 4.2
metres instead of the minimum required 7.5 metres to facilitate the construction of
an addition and deck at the rear of the existing detached dwelling, generally in
accordance with drawings prepared by AEDP Group Inc., dated November 16, 2024,
BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a Minor Variance Application for 455 Old
Chicopee Trail to facilitate the construction of an addition in the rear yard and the
construction of a deck in the exterior side yard.
The key finding of this report is that the requested relief 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the western side of Old Chicopee Trail between Daimler
Drive and Fairway Road North, in the Centerville Chicopee Planning Community.
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Figure 1: Location Map (Subject Property Outlined in Red)
Community Areas on Map 2 Urban Structure and is
Low Rise Residential
Low Rise Residential Two Zone (RES-2-law 2019-
051.
Figure 2: Street View of Subject Property Figure 3: Exterior Side Yard
Figure 4: Rear Yard Addition Location Figure 5: Deck dimensions and setbacks
The purpose of the application is to facilitate the construction of a rear yard addition to the
existing detached dwelling and the construction of a deck in the exterior side yard. The
proposed addition would be in the location of an existing deck, and the deck will be
relocated to the exterior side yard. A minor variance is required to allow a rear yard
setback of 4.8 metres for the addition and 4.2 metres for the deck, greater than 0.6 metres
th
in height. Staff completed a site visit on November 19, 2025.
Figure 6: Proposed 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:
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 proposed rear yard addition is a natural extension
of the existing detached dwelling. The proposed exterior side yard deck will extend from
the proposed addition and serve as an outdoor amenity area. Therefore, Planning Staff
are of the opinion that the requested variances maintain the general intent of the Official
Plan.
General Intent of the Zoning By-law
The intent of the Zoning By-law rear yard setback regulation is to provide a sufficient
amenity area and privacy from neighbouring dwellings. The property was previously zoned
under Zoning By-law 85-1 which defined the rear lot line as the point formed by the
intersection of the side lot lines in the case of a corner lot. The rear yard setback to the
western most point of the lot maintains the required 7.5 metres and is legal non-
conforming. The property has since been brought into Zoning By-law 2019-051 which
defines the rear yard as the yard extending from the exterior side yard to the interior side
lot line in the case of a corner lot. As such, relief is required to permit the addition.
Section 4.14.4.a) of the Zoning By-law outlines that decks located in the exterior side yard
may project into a required front yard or exterior side yard provided certain conditions are
met. The Section does not state that the deck, greater than 0.6 metres in height, may
project into the required rear yard. As such, the deck shall meet the regulations required
for the building with which it is associated in the applicable zone meaning relief is also
required from Section 7.3 Table 7-2, to permit a reduced rear yard setback to the deck.
sufficient amenity area
for the dwelling will still be provided in the southern area of the rear and exterior side yard.
The proposed deck will provide addition usable outdoor amenity area and the addition will
also function as indoor amenity area for residents. In addition, Staff do not anticipate any
privacy concerns as the subject property is well treed along the rear and exterior side lot
lines. Therefore, Planning Staff are of the opinion that the requested variances maintain
the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed addition will be in the location of an existing deck and will serve as a natural
extension of the existing dwelling. Staff do not anticipate any significant or adverse
impacts resulting from the new addition and attached deck and proposed reduced rear
yard setback. Therefore, Planning Staff are of the opinion that the effects of the requested
variances are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed addition will provide additional interior livingspace for the existing dwelling.
The deck will provide additional outdoor amenity space that will increase the usability of
the exterior side yard. Therefore, Planning Staff are of the opinion that the requested
variances are desirable and appropriate for the use of the land.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the rear yard addition and deck.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
There are existing City-owned street trees within the right-of-way on Old Chicopee Trail.
The trees 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
be required outlining
complete protection of City assets prior to any demolition or building permits being issued.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
Grand River Conservation Authority (GRCA)
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
November 18th, 2025
Connie Owen
City
of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment MeetingDecember 9, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1)A 2025 – 117 – 2922 King Street East – No Concerns
2)A 2025 – 118 – 630 Benninger Drive – No Concerns
3)A 2025 – 119 – 455 Old Chicopee Trail – No Concerns
4)A 2025 – 120 – 532 Courtland Avenue East – No Concerns
5)A 2025 – 121 – 546 Courtland Avenue East – No Concerns
6)A 2025 – 122 – 117 Samuel Street – No Concerns
7)A 2025 – 123 – 20 Gildner Street – No Concerns
8)A 2025 – 124 – 131 Gage Avenue – No Concerns
9)A 2025 – 125 – 50-56 Weber Street West & 107 Young Street – No Concerns
10)A 2025 – 126 – 1720 Glasgow Street – No Concerns
11)A 2025 – 127 – 71 Blucher 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.
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.
Document Number: 5129065
085291
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
Document Number: 5129065
November 21, 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 December 9, 2025
Applications for Minor Variance
A 2025-1172922 King Street East
A 2025-118630 Benninger Drive
A 2025-119455 Old Chicopee Trail
A 2025-122117 Samuel Street
A 2025-12320 Gildner Street
A 2025-12550-56 Weber Street West & 107 Young Street
A 2025-12771 Blucher Street
Applications for Consent
B 2025-032776 Rockway Drive
B 2025-033104 Brentwood Avenue
B 2025-03471 Blucher Street
B 2025-03567 Blucher Street
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