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HomeMy WebLinkAboutDSD-2025-491 - A 2025-127, B 2025-033 & 034 - 67-71 Blucher StreetStaff Report r JR 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: Eric Schneider, Senior Planner, 519-783-8918 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: REPORT NO.: November 26, 2025 DSD -2025-491 SUBJECT: Minor Variance Application A2025-127 — 71 Blucher Street Consent Application B2025-034 - 71 Blucher Street Consent Application B2025-035 - 67 Blucher Street RECOMMENDATION: A. Minor Variance Application A2025-127 - 71 Blucher Street That Minor Variance Application A2025-127 for 71 Blucher Street requesting relief from Section 7.3, Table 7-5, of Zoning By-law 2019-051 to permit the following: i) a lot width of 5.8 metres instead of the minimum required 19 metres; ii) a rear yard setback of 3.2 metres instead of the minimum required 6 metres; and iii) an interior side yard setback (adjacent to 79 Blucher Street) of 3 metres instead of the minimum required 4.5 metres; to facilitate Consent Application B2025-034 and recognize the lot and setbacks of the severed parcel, municipally addressed 71 Blucher Street, generally in accordance with drawings prepared by GSP Group, dated October 24, 2025, BE APPROVED. B. Consent Application B2025-034 — 71 Blucher Street (Severed Parcel) That Consent Application B2025-034 for 71 Blucher Street requesting Consent to sever a parcel of land having a lot width of 5.8 metres on Blucher Street, a lot depth of 108.8, metres and a lot area of 2127.4 square metres and to create an easement having an approximate width of 6 metres and a depth of 110 metres, for the purposes of shared access and parking, in favour of 67 Blucher Street, BE APPROVED subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 220 of 251 1. That Minor Variance Application A2025-127 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 4. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That the Owner provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the existing building/foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. 6. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Manager, Development Applications: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 7. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 8. That the Owner install 2 "Class B" bicycle parking spaces on the retained lands and install 2 "Class B" bicycle parking spaces on the severed lands to the satisfaction of the Director of Development and Housing Approvals. 9. That at the sole option of the City's Director, Development and Housing Approvals, that the Owner shall enter into an agreement with the City of Page 221 of 251 Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Manager, Site Plans, and registered on title to the severed and retained lands, which shall include the following: a) That prior to initiation of any site development works, grading or issuance of a Demolition and/or Building Permit the Owner agrees to submit and receive approval of a Site Plan to the satisfaction of the City's Manager, Site Plans, which reflects, at minimum, the proposed changes to the lot size and any associated changes to the operation and/or functioning of the site. Should a Site Plan Application be approved, to the satisfaction of the City's Manager, Site Plans, in accordance with the condition above prior to endorsement of the deed, the above noted condition shall not be required to be registered on title. 10. That at the sole option of the City's Director, Development and Housing Approvals, the Owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Director, Development and Housing Approvals, which shall include the following: a) That the Owner shall prepare a Tree Preservation Plan for the severed and retained lands, in accordance with the City's Tree Management Policy, to be approved by the City's Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Manager, Site Plans. c) The Owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 11. That the Owner shall: a) Complete a Building Code Assessment for the existing dwellings proposed to be retained on the Severed and Retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. Page 222 of 251 b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 12. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 13. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 14. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 15. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 16. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 17. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 18. That prior to final approval the Owner submits a valid Section 59 notice. C. Consent Application B2025-035 — 67 Blucher Street (Easement on Retained Parcel That Consent Application B2025-035 for 67 Blucher Street requesting Consent to create an easement having an approximate width of 6 metres and a depth of 110 metres, for the purposes of shared access and parking in favour of 71 Blucher Street, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2025-127 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 4. That the owner provides a digital file of the deposited reference plan(s) Page 223 of 251 prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That the Owner provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the existing building/foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. 6. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Manager, Development Applications: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 7. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 8. That prior to final approval the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 9. That prior to final approval the Owner submits a valid Section 59 Notice. REPORT HIGHLIGHTS: • The purpose of this report is to review Minor Variance and Consent Applications to facilitate a severance of a lot and creation of reciprocal access easements for a property containing two cluster townhouse buildings, one with 10 dwelling units (71 Blucher Street) and one with 4 dwelling units (67 Blucher Street). • The key finding of this report is that the minor variance meets the 4 tests of the Planning Act, and that the proposed consents to sever the lot and create the easements are appropriate to facilitate the functional access to the rear parking areas on each of the resultant lots. • 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 Page 224 of 251 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 on the south side of Blucher Street between Hett Avenue and Ellis Street. U �i Figure 1: Location Map:67-71 Blucher Street The subject property is identified as a `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 Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is to facilitate a severance of a lot and creation of reciprocal access easements for a property containing two cluster townhouse buildings, one with 10 dwelling units (71 Blucher Street) and one with 4 dwelling units (67 Blucher Street). On March 22, 2024 the City granted Conditional Approval for Site Plan Application SP23/084/B/TS to demolish the existing 4 -unit cluster townhouse building on 67 Blucher Street and replace it with a two stacked townhouse buildings containing a total of 16 dwelling units. On May 21, 2024 the Committee of Adjustment approved minor variance application A2024-037 which granted relief for front yard setback, rear yard setback, and Floor Space Ratio (FSR) for the proposed 16 -unit development, in the context of that development occurring on the whole lot containing the existing 10 unit cluster townhouse building addressed as 71 Blucher Street. Page 225 of 251 With the subject applications discussed in this report, the applicant is seeking to separate the lot into two lots, one which would contain the existing 10 unit cluster townhouse building on 71 Blucher (Severed lands) and one which would currently contain the 4 unit cluster townhouse building and is proposed to be developed with two new stacked townhouse buildings totalling 16 units on 67 Blucher Street (Retained lands). Figure 2: View of Subject Lands from Blucher Street (November 21, 2025) Page 226 of 251 Figure 3: View of Existing 4 -Unit Cluster Townhouse Dwelling at 67 Blucher Street (November 21, 2025) Figure 4: View of Existing 10 -Unit Cluster Townhouse Dwelling at 71 Blucher Street (November 21, 2025) It is noted that a Reference Plan and Building Location Survey were not provided and submitted with the Consent Applications. The Applicant is submitting these applications Page 227 of 251 with confidence that the existing building/foundation will coincide with the proposed lot dimensions and setbacks, the proposed easement is in its correct location no other easements are necessary and is proceeding with the applications at this time `at their own risk'. A new condition is proposed to be added to these types of Consent Approvals as follows: "That the Owner provide a Building Location Survey and/or Reference Plan, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and that the location of the existing building/foundation, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals." Should the setbacks of the building/dwelling not meet zoning requirements, the location and/or configuration of the proposed easement is not correct, the Applicant will be required to rectify and/or submit Committee of Adjustment Applications to resolve the errors and/or deficiencies at their own expense. REPORT: Planning Comments Minor Variance Application A2025-127: 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' in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variances will facilitate a shared driveway and support the permitted uses and continue to maintain the low rise character of the properties and surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zonina By-law Lot Width The intent of the regulation that requires a minimum lot width of 19 metres is to ensure that there is adequate lot size to accommodate a multiple dwelling building, along with sufficient space and access to street frontage for site functionality including servicing, access to parking areas, and waste collection. This regulation is intended for typical, rectangular shaped lots. The proposed new lot configuration creates an irregular shaped lot with a narrow access at the street line that widens significantly at the rear of the site. While the frontage at the street line is 5.8 metres, this increases to approximately 30 metres in width in the portion of the lot containing the existing building. The 5.8 metre lot width at the street line, along with the area proposed to be an access and servicing easement created through a concurrent Consent Application (132025-035) on the 67 Blucher Street property provides for sufficient site functionality in the opinion of staff and therefore meets the general intent of the Zoning By-law. Page 228 of 251 Rear Yard Setback The intent of the regulation that requires a minimum rear yard setback of 6 metres for a cluster townhouse dwelling is to provide for adequate amenity space and adequate building separation. The regulation is intended to apply to the rear of a building as it faces a rear property line, or where a functional rear yard would typically be located. The existing building at 71 Blucher Street is oriented as such that the functional rear yards face east, towards the interior property line. These functional rear yards for the cluster townhouse units are located 7.6 metres from that property line, demonstrating an adequate amenity area and building separation. Therefore, the request for a reduction in rear yard setback meets the general intent of the Zoning By-law in the opinion of staff. Interior Side Yard Setback The intent of the regulation that requires a minimum interior side yard setback of 4.5 metres for a cluster townhouse is to ensure adequate building separation. The requested reduction in setback to 3 metres represents an existing building that faces the rear yards of two existing detached dwellings facing Blucher Street. The adjacency to rear yards demonstrates adequate building separation as the existing detached dwellings are located approximately 24 metres from the rear lot line, totalling 27 metres of building separation. Should the detached dwellings be redeveloped in the future, it would still provide a minimum 7.5 metre rear yard setback and total building separation of 10.5 metres. Therefore, the requested variance for reduction to interior side yard setback meets the general intent of the Zoning By-law in the opinion of staff. Is/Are the Effects of the Variance(s) Minor? With respect to the lot width, staff are of the opinion that the site can function with a shared access and do not expect adverse impacts or effects as a result of the request for a reduction in lot width. With respect to the rear and interior side yard setbacks, this represents an existing building and no changes to the building at 71 Blucher Street are proposed. In the opinion of Staff, the effects of the requested variances can be considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances will facilitate the orderly development of the land with low rise residential uses that are permitted in the Zoning By-law. The requested variances are considered desirable for the appropriate development of the lands in the opinion of staff. Planning Comments Consent Application B2025-034 & 2025-035: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) Staff are satisfied that the proposed consent applications are consistent with the Provincial Planning Statement in general and as it related to housing policies in Chapter 2 regarding intensification and facilitating housing options. Section 2.2 1 (b) states that Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by permitting and facilitating all housing options required to meet the social, health, economic and well-being requirements of current and future residents. Page 229 of 251 Regional Official Plan (ROP): ROP Urban Area policies state that the focus of the Region's future growth shall be within the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2. D.1 of the ROP as this neighbourhood provides for the physical and community infrastructure required for the proposed residential development, including transportation networks, municipal water and wastewater systems, and a broad range of social and public health services. Regional polices require municipalities to plan for a range of housing in terms of form, tenure, density, and affordability to satisfy the various physical, social, economic, and personal support needs of current and future residents. Staff are satisfied that the proposed consent applications adhere to these policies and conforms to the ROP. City's Official Plan (2014) 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 Official Plan. Section 17.E.20 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies). Policy 17.E.20.5 states the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." Staff are satisfied that the proposed consent applications to sever into two lots with easements for shared access and servicing meets the criteria set out in Policy 17.E.20.5 Page 230 of 251 of the Official Plan. Although the resultant lot fabrics are irregular in shape and width at the street line, the original lot is irregular in shape and represents an existing condition within the neighbourhood. Further, the shared access will result in a situation whereas legally it is two lots but will appear to function as one lot. Section 17.E.20.4 of the Official plan states, Consents may be permitted for the creation of a new lot, boundary adjustments, rights of -way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created. The applications are requesting consent to create easements on both the severed and retained lots. Staff are satisfied that the consent to create easements is appropriate for the orderly development of the lands. l I I I I I• I 1 I I I I I 1 I i 71 BOCHER'STRIF& I 1 (LOT TO BE SEVERED) - =1 (2.183.76m'j � 41.8 7777 - - - - - - - 0 7. of m 53.5 ti 1'1 97 BLUCHER STREET (LOT TO BE RETAINED) ;1 626.79m11 48.1 Figure 5: Severance Sketch Zoning By-law 2019-051 The subject property is zoned as `Low Rise Residential Five Zone (RES -5)' in Zoning By- law 2019-051. Minor variances for lot width and yard setbacks as part of concurrent Minor Variance Application A2025-127 have been discussed in this report. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The severed lands front onto an established public street and are serviced with municipal services. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Planning Statement, and is good planning and in the public interest. With respect to the criteria for granting easements contained in Section 54(2) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of reciprocal access easements to facilitate shared access and servicing is desirable and appropriate. Page 231 of 251 Environmental Planning Comments: Please include the standard consent condition to enter into an agreement to complete, submit, obtain approval of, and implement a Tree Preservation and Enhancement Plan for both the severed and retained lots. Shared ownership trees may be a concern. Heritage Planning Comments: The property municipally addressed as 71 Blucher Street has no heritage status. However, it is located within the Mt. Hope/Breithaupt Neighborhood Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplaned Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The proposed severance is not anticipated to have any adverse impacts to the CHL's attributes. Thus, staff have no comments or concerns. The property municipally addressed as 67 & 71 Blucher Street is located within the Mt. Hope/Breithaupt Neighborhood Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The proposed easement is not anticipated to have any adverse impacts to the CHL's attributes. Thus, staff have no comments or concerns. Building Division Comments: The Building Division has no objections to the proposed consent provided for the retained land: 1. A qualified designer is retained to complete a Building Code Assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2. A Building Permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: B2025-034 — 71 Blucher Street • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense, and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. Page 232 of 251 A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. B2025-035 — 67 Blucher Street • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense, and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. • The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Parks/Operations Division Comments: A2025-127 — 71 Blucher Street No concerns. B2025-034 — 71 Blucher Street All Parks and Forestry requirements, including parkland dedication, will be addressed through SP23/074/B/TS for 67 Blucher Street. B2025-035 — 67 Blucher Street No concerns. Transportation Planning Comments: Transportation Services have noted that the proposed easement is larger than what is anticipated to be required. However, staff do not object to the application, as the proposed easement is not expected to create any safety or operational concerns. Page 233 of 251 Region of Waterloo Comments: The applicant/owner is proposing consent to sever to create a new residential lot and to create reciprocal easements for shared access/servicing. The lot to be severed (71 Blucher) contains an existing linear townhouse building (10 units). The lot to be retained (67 Blucher) contains an existing linear townhouse building (4 units) which would be demolished to in order to develop two 8 -unit linear stacked townhouse (total of 16 units). The subject lands are currently serviced through municipal water and waste services, with access to a local road. Minor variance applications are required to facilitate the consent for the severed lands, pertaining to lot width, and setbacks. The lands were subject to Stamp B Site Plan Approval (SP23/073/B/TS) in Feb 2024 to formalize existing conditions. SP23/084/B/TS conditional site plan approval was granted in March 2024 for the redevelopment of 67 Blucher Street. The proposed lot configuration is as follows: Retained - B2025-034 - - 67 Blucher — 1,594.68 sq. m. area with 26.8 m frontage Severed — B2025-035 - 71 Blucher - — 2,127.47 sq. m. area with 5.8 m frontage The subject lands are designated Built -Up Area (within the Urban Boundary), with an MTSA (Central Station) and Urban Growth Centre (Downtown Kitchener) in the Regional Official Plan (ROP), Low -Rise Residential and Community Area in the City of Kitchener Official Plan, and zoned RES -5. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the City of Kitchener. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice and this will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350.00 per application to the satisfaction of the Region of Waterloo. 2. That the applicant submit the Notice of Source Protection Plan Compliance (S. 59 Notice) to the satisfaction of the Region of Waterloo. Page 234 of 251 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 (ROP) • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2024-225 (Minor Variance Application A2024-037) ATTACHMENTS: Attachment A — Severance Sketch Attachment B — Severance Sketch- New Site Plan Attachment B — Severance Sketch- Original Site Plan Page 235 of 251 O tiE R 2 V R a a a a w I ` • ■ I I uer w W W �O i z z y -UL �o wm WUn WLa = m co U T 1 4 m O ■ L I I LU w ■ OR LU I T U Q UYW-- ■ O W W co I00 S2_ le r�- N — >< J O I r O � 133a1s 431qo,,,e 9 •ZE 9Z ■ o.C� N 0 o O N 2� UW z H= WL) Y LU W WLULU U~ Z� W U LU m / r W r J O tiE 2 Y V R a a a a • w ■ • •�9E 'w I K � G CR W W Z Z ■ l j O � W wm WU J)r ■ LU L6 V m m O ■ r J VK I «« I0 Y Y Z r ■ m O -QOM O � F m r,. WW �_ • °° W Z Q r LU E ■ d' d' Cl)LU r WN =Ico � M ■ m Jam-- I Y D` m H n QF � � ■ v J�3,15a3Ho��e •5717 $•��• w� ■ a a W //F— V/ LU Z 1 2� UW z LU_ WL) v/ LU W WLULU U~ Z� W U LU m / r W r N D O O WN M a a F- J a z c� 0 2� UW z LU_ WL) Y LU W W LU U~ Z� LuLU U LU m / r W r V1 O VI E x Y V R a a 3 I ate' ■ • W W �I W ^ ■ zz ~ W �o �U)r wm W WLO ■ X m a0 U m O • I n J ■ I ■ Lora■ N I �o CR W W WZ �Q� • cn E LU _0> LULU= m N I� U Xow o ■ J v CoH .3 _I �_ 90 0 � ■ I jz. 9Z • a3H° a g�$ N D O O WN M a a F- J a z c� 0 2� UW z LU_ WL) Y LU W W LU U~ Z� LuLU U LU m / r W r N* Region of Waterloo Connie Owen Administrative Clerk, Legislative Services Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Dear Ms. Owen: PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali, MCIP, RPP File: D20-20/25 KIT November 24, 2025 Re: Comments on Consent Applications — B 2025-032 to B2025-036 (inclusive) Committee of Adjustment Meeting — December 9, 2025 City of Kitchener Page 239 of 251 File: B2025-032 Address: 776 Rockway Dr Description: Plan 649, Lot 22 Owner: 2832516 Ontario Inc c/o Tara Bruwer-Sutton Applicant: Masri O Inc Architects c/o Reema Masri The applicant/owner is proposing consent to sever to create a new residential lot. The severance will facilitate the redevelopment of each lot with a semi-detached duplex, providing 4 units per dwelling, for a total of 8 units. The existing single detached dwelling will demolished. The subject lands are currently serviced through municipal water and waste services, with access to a local road. Minor variance applications are not required to facilitate the consent. The proposed lot configuration is as follows: Severed — 278.8 sqm area with 7.62m frontage Retained — 278.422 sqm with 7.62m frontage The subject lands are designated Built -Up Area within the Urban Boundary in the Regional Official Plan (ROP), Low -Rise Residential in the City of Kitchener Official Plan, and zoned RES -4. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the City of Kitchener. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 240 of 251 File: B2025-033 Address: 104 Brentwood Ave Description: Plan 651, Lot 158 Owner: Veasna Suon Applicant: Masri O Inc Architects c/o Reema Masri The applicant/owner is proposing consent to sever to create a new residential lot. The severance will facilitate the redevelopment of each lot with a semi-detached duplex, providing 4 units per dwelling, for a total of 8 units. The existing single detached dwelling will demolished. The subject lands are currently serviced through municipal water and waste services, with access to a local road. Minor variance applications are not required to facilitate the consent. The proposed lot configuration is as follows: Severed — 277.9 sqm area with 7.6m frontage Retained — 277.9 sqm with 7.6m frontage The subject lands are designated Built -Up Area within the Urban Boundary in the Regional Official Plan (ROP), Low -Rise Residential in the City of Kitchener Official Plan, and zoned RES -4. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the City of Kitchener. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 241 of 251 File: B2025-034/5 Address: 67/71 Blucher St Description: Plan 328, Lot 6; Plan 339, Part lot 4 Owner: Marko Podobnik Applicant: GSP Group Inc c/o Kristen Barisdale The applicant/owner is proposing consent to sever to create a new residential lot and to create reciprocal easements for shared access/servicing. The lot to be severed (71 Blucher) contains an existing linear townhouse building (10 units). The lot to be retained (67 Blucher) contains an existing linear townhouse building (4 units) which would be demolished to in order to develop two 8 -unit linear stacked townhouse (total of 16 units). The subject lands are currently serviced through municipal water and waste services, with access to a local road. Minor variance applications are required to facilitate the consent for the severed lands, pertaining to lot width, and setbacks. The ands were subject to Stamp B Site Plan Approval (SP23/073/B/TS) in Feb 2024 to formalize existing conditions. SP23/084/B/TS conditional site plan approval was granted in March 2024 for the redevelopment of 67 Blucher. The proposed lot configuration is as follows: Retained - B2025-034 - - 67 Blucher — 1,594.68 sqm with 26.8m frontage Severed — B2025-035 - 71 Blucher - — 2,127,47 sqm area with 5.8m frontage The subject lands are designated Built -Up Area (within the Urban Boundary), with an MTSA (Central Station) and Urban Growth Centre (Downtown Kitchener) in the Regional Official Plan (ROP), Low -Rise Residential and Community Area in the City of Kitchener Official Plan, and zoned RES -5. Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the City of kKitchener. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice and this will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Page 242 of 251 Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo 2. That the applicant submit the Notice of Source Protection Plan Compliance (S. 59 Notice) to the satisfaction of the Region of Waterloo Page 243 of 251 File: B2025-036 Address: 25 Breithaupt St Owner: 2184647 Ontario Ltd c/o Perimeter Development Applicant: MHBC c/o Juliane von Westerholt The purpose of consent is to establish a long-term lease in excess of 21 years for the subject lands. The lease is between Perimeter Group and Google. The lease includes the use of the entire building located at 25 Breithaupt Street including floors 1 to 5 and the penthouse floors, as well as access to the parking garage. The subject lands are designated Built -Up Area within the Urban Boundary in the Regional Official Plan (ROP), Strategic Growth Area (B) in the City of Kitchener Official Plan, and zoned SGA -4,(51)(19H)(81 H) and SGA -3(54)(132)133)(81 H). Threats Inventory Database (Advisory) The following information from the Region's Threat Inventory Database (TID) is provided until such time as access is transferred to the City of Kitchener. Noting, there are medium and/or high threat(s) identified on and/or adjacent to the subject property. There is one (1) known threat extent mapped, and one (1) Record of Site Condition. Record of Site Condition RSC Number: 223120 Site Address: 51 BREITHAUPT STREET, KITCHENER, ON N2H 5G5, 25 BREITHAUPT STREET, KITCHENER, ON N2H 5G5 Intended Property Use: Commercial QP Employer: GHD LIMITED Filing Date: Mar 23, 2017 8:00 PM Certification Date: May 26, 2016 8:00 PM Site Conditions: Full Depth Generic Site Conditions Standard, with Potable Ground Water, Coarse Textured Soil, for Commercial property use, with RA Page 244 of 251 Known Threat Extent THREAT—ID: 3800 Description: Plume of contaminated groundwater estimated per 2005 XCG report Threats Inventory Threat ID: 20911 Company: COLLINS & AIKMAN CANADA INC. Threat Rank: Medium Address: 51 BREITHAUPT ST NAICS: 314110 NAICS Description: Carpet and Rug Mills Location Code: Inherited geocode value (i.e. previous databases, consultants, other RMOW departments); methodology, reliability and accuracy unknown Source Table: 2003 Dun & Bradstreet Business Listing Threat ID: 3578 Company: CANADIAN CONSOLIDATED/MERCHANTS/DOMINION RUBBER CO Threat Rank: Medium Address: 51 BREITHAUPT ST SIC E 1980: 1599 SIC E 1980 Description: Other Rubber Products Industries Location Code: Automatic or manual geocode (remnant of IPCS classification), reliability and accuracy good Source Table: Kitchener -Waterloo Historical Survey —Businesses Threat ID: 6041 Company: PERSTORP COMPONENTS (CANADA) INC. Threat Rank: Medium Address: 51 BREITHAUPT ST SIC E 1980: 1699 SIC E 1980 Description: Other Plastic Products Industries n.e.c. Location Code: Automatic address match in Mapinfo with assessment points, reliability and accuracy good Source Table: 1993 Dun & Bradstreet Business Listing Threat ID: 14332 Company: COLLINS & AIKMAN Threat Rank: High Address: 51 BREITHAUPT STREET NAICS: 336390 NAICS Description: Other Motor Vehicle Parts Manufacturing Location Code: Automatic address match in Mapinfo with assessment points, reliability and accuracy good Source Table: Waste Generating Companies Threat ID: 32233 Company: PERIMETER DEVELOPMENT INC. Page 245 of 251 Threat Rank: High Address: 51 BREITHAUPT STREET NAICS: 531310 NAICS Description: Real Estate Property Managers Location Code: Automatic address match in Mapinfo with assessment points, reliability and accuracy good Source Table: Waste Generating Companies Threat ID: 13687 Company: PERSTORP COMPONENTS CANADA INC. Threat Rank: High Address: 51 BREITHAUPT STREET SIC E 1980: 1611 SIC E 1980 Description: Foamed and Expanded Plastic Products Industry Location Code: Automatic address match in Mapinfo with assessment points, reliability and accuracy good Source Table: Waste Generating Companies Hydrogeology & Source Water Protection Plan The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice which will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. 2. That the applicant submit the Notice of Source Protection Plan Compliance (S. 59 Notice) to the satisfaction of the Region of Waterloo. Page 246 of 251 General Comments Any future development on the lands subject to the above -noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above - noted Regional condition clearances. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Thank you, Erica Ali, MCIP, RPP Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Page 247 of 251 November 18th, 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 December 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 Page 248 of 251 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 Page 249 of 251 November 21, 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 — December 9, 2025 Applications for Minor Variance A 2025-117 2922 King Street East A 2025-118 630 Benninger Drive A 2025-119 455 Old Chicopee Trail A 2025-122 117 Samuel Street A 2025-123 20 Gildner Street A 2025-125 50-56 Weber Street West & 107 Young Street A 2025-127 71 Blucher Street Applications for Consent B 2025-032 776 Rockway Drive B 2025-033 104 Brentwood Avenue B 2025-034 71 Blucher Street B 2025-035 67 Blucher 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. Should you have any questions, please contact me at aherremana-grandriver. 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 250 of 251 From: Landuse Planning To: Marilyn Mills Subject: KITCHENER - 67 AND 71 BLUCHER ST - B 2025-034 AND B 2025-035 Date: Tuesday, December 2, 2025 10:42:13 AM IYou don't often get email from landuseplanning@hydroone.com. Learn why this is important Hello, We are in receipt of your Application for Consent, B 2025-034 AND B 2025-035 dated 2025-11-21. We have reviewed the documents concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision group at subdivision@Hydroone.com or 1-866-272-3330. To confirm if Hydro One is your local distributor please follow the following link: Stormeentre (hydroone.com) Please select "Search" and locate the address in question by entering the address or by zooming in and out of the map. ? a MENU HELP SEARCH hydro�f one Customers Affected:0 >5000 V 501-5000 0 51-500 a 21-50 ( =20 0 Multiple () Crew —Service Area ❑J u si Q Ottaw Montreal �. fluntsedfe 411 40Q 11 � c 5 0Qrlia Kawarha aoa Lakes 0/� § ° & P2i2rIl}b UO . {� Kin. 6ellville V 4 a� O • p 115 inceodwar Watepown a qQ 4 r � n,n-. n Tnrnnfn � V K14Che .r• ° 4 Rochester Mau data 92019 Google 50 km L -----j Terms of Use If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications(?�HydroOne.com to be connected to your Local Operations Centre If you have any questions please feel free to contact Land Use Planning. Thank you, Land Use Planning Department Hydro One Networks Inc. Email: LandUsePlanninggHydroOne.com Z Burlir Li Page 251 of 251