HomeMy WebLinkAboutDSD-2026-008 - A 2026-006 - 235 Hoffman Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 20, 2026
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: December 30, 2025
REPORT NO.: DSD-2026-08
SUBJECT: Minor Variance Application A2026-006 235 Hoffman Street
RECOMMENDATION:
That Minor Variance Application A2026-006 for 235 Hoffman Street requesting
Permission under Section 45(2)(a)(ii) of the Planning Act to expand a 'Legal Non-
Conforming Use', a Single Detached Dwelling, to a Single Detached Dwelling with 2
Additional Dwelling Units (ADUs) (Attached) (Triplex), generally in accordance with
drawings prepared by MW Drafting and Design Inc., dated December 15, 2025, BE
APPROVED.
That Minor Variance Application A2026-006 for 235 Hoffman Street requesting relief
from Section 5.4 f), Table 5-3, of Zoning By-law 2019-051 to permit a driveway width
of 14.9 metres (88.3% of the lot width) instead of the maximum permitted driveway
width of 6.7 metres (40% of the lot width), generally in accordance with drawings
prepared by MW Drafting and Design Inc., dated December 15, 2025, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a Minor Variance Application for Permission for
expansion of a Legal Non-Conforming Use to allow two (2) new Additional Dwelling
Units (ADUs) (Attached) in a Single Detached Dwelling. The Minor Variance
Application also requests relief of a zoning regulation to permit the widening of the
driveway beyond the permitted maximum.
The key finding of this report is that the Application for Permission for the expansion of
the Legal Non-Conforming meets the 2 tests of Case Law and that the Application for
Minor Variance does not 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.
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the Southdale neighbourhood, north of Homer Watson
Boulevard, on the intersection of Highland Road East and Hoffman Street.
Figure 1: Location Map
Figure 2: Zoning Map
Community Areas Urban Structure and is
Medium Rise Residential Official
Plan.
Medium Rise Residential Six Zone (RES-6-law 2019-
051.
The purpose of this application is to request Permission under Section 45(2)(a)(ii) of the
Planning Act to expand egal Non-Conforming Use, and a Minor Variance to permit a
driveway widening. The Application for Permission would facilitate the addition of two
Additional Dwelling Units (ADUs) (Attached) within an existing Single Detached Dwelling
located on a corner lot that is zoned Medium Rise Residential Six Zone (RES-. The
Minor Variance for a driveway widening would increase the parking provision beyond the
Zoning By-law requirements.
Zoning Context and Legal Non-Conforming Use
The subject property is zoned Medium Rise Residential Six Zone (RES-6), where Single
Detached Dwellings and Additional Dwelling Units (ADUs) are not permitted uses in this
zone. The existing Single Detached Dwelling is recognized as a egal Non-Conforming
Use To accommodate the proposed ADUs, exterior exit stairs are proposed to be added
to provide access, requiring Permission to expand the egal Non-Conforming Use under
Section 45(2)(a)(ii) of the Planning Act.
Details of the Minor Variance
The requested Minor Variance relates to the widening of the existing driveway on the
flanking side of the subject property, accessed from Highland Road East. The current
driveway is 6.1 metres wide and leads to a detached garage used for storage and bicycle
parking. The proposed modification would increase the driveway width by 8.73 metres at
its widest point, accommodating two (2) additional parking spaces and a turning
hammerhead. The overall driveway width would be 14.83 metres as per Figure 3.
Overall
driveway width
Proposed
driveway width
The addition to
accommodate
the ADUs
Figure 3: Proposed Site Plan
Development and Housing Approvals Staff visited the Site on January 5, 2026.
Figure 4: An Image of the Subject Property from the Flanking Side
Figure 5: An Image of the Subject Property Showing the Existing Garage and Tree
Figure 6: An Image of the Subject Property from the Front
REPORT:
Planning Comments:
For Section 45(2)(a)(ii)
Case law sets out the tests to be applied by the Committee of Adjustment in considering
applications under Section 45(2)(a)(ii). It should be noted that the test to be applied is not
the four-part test for minor variances under Section 45(1) but rather whether the approval
of the application:
1. Is in the public interest; and
2. Creates unacceptable or adverse impact upon abutting properties.
Is Approval in the Public Interest?
Staff are of the opinion that approval of this application is in the public interest. The
proposal allows the continued use of the existing Single Detached Dwelling while
introducing two Additional Dwelling Units, creating a Triplex. This represents a form of
Policy 4.C.1.24 by increasing the range of housing options. Given that the Southdale
neighbourhood already contains a mix of residential forms, the proposed development is
not expected to have a detrimental impact on surrounding uses.
Any Adverse or Unacceptable Impacts?
Staff are of the opinion that permitting two attached Additional Dwelling Units (ADUs)
would not result in any adverse or unacceptable impacts. The existing building currently
functions as a Single Detached Dwelling, and adding two dwelling units would better align
the property with the intent of the Medium Density Residential land use designation. No
land use conflicts are anticipated, as the required parking for a triplex is two (2) parking
spaces, which can be accommodated within the existing detached garage and driveway.
While the proposed increase in driveway width does not comply with the Zoning By-law
and the associated variance is recommended for refusal, the expansion of the dwelling to
include two ADUs is considered appropriate and would be able to function appropriately
with the two (2) required parking spaces and would not create negative impacts on the
surrounding neighbourhood.
Minor Variance Analysis
In considering the four tests for 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 Official Plan provides several policies regarding the intensification of housing, with
more specific direction to the requested variances. Policy 4.C.1.8 provides direction for
minor variance applications proposing residential intensification:
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested,
proposed or required to facilitate residential intensification or a
redevelopment of lands, the overall impact of the special zoning regulation(s)
or minor variance(s) will be reviewed, but not limited to the following to
ensure, that:
e) The lands can function appropriately and not create unacceptable adverse
impacts for adjacent properties by providing both an appropriate number of
parking spaces and an appropriate landscaped/amenity area on the site.
f) The impact of each special zoning regulation or variance will be reviewed
prior to formulating a recommendation to ensure that a deficiency in the one
zoning requirement does not compromise the site in achieving objectives of
compatible and appropriate site and neighbourhood design and does not
create further zoning deficiencies.
The proposed wide driveway will create a streetscape that contains more asphalt and
vehicles and reduce the appearance of the existing landscape, amenity area, which does
not make the site compatible and appropriate for the neighbourhood
Additional policy direction regarding compatibility is provided in the Residential land use
designation policies, specifically 15.D.3.3:
15.D.3.3. 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:
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.
Policy 15.D.3.3 further emphasizes the appropriateness of parking spaces, amenity areas,
and landscaped areas in Residential areas. Widening the driveway will have an adverse
impact on the streetscape, and reductions in the landscape visibility and existing tree
canopy
Based on the above review, the requested variances do not meet the intent of the Official
Plan.
General Intent of the Zoning By-law
The maximum driveway width provision intends to preserve the visual relationship
between residential properties and the streetscape, ensuring that neighbourhoods are not
dominated by paved surfaces. This regulation promotes a balanced streetscape with
adequate landscaping, tree retention, and pedestrian-friendly design, contributing to the
overall character and livability of the area.
Under Zoning By-law 2019-051, the maximum permitted driveway width is 40% of the lot
width for properties located within a Central Neighbourhood. For the subject property, the
maximum permitted driveway width is 6.7 metres. The requested driveway width of 14.8
metres represents approximately 88% of the lot width, which significantly exceeds Zoning
By-law standard and intent.
The proposed increase is intended to accommodate additional parking spaces and a
hammerhead-turning area; however, this design introduces several concerns:
Visual Impact: The expanded driveway would substantially increase the amount of
visible asphalt, alter the streetscape and create a more vehicle-dominated exterior side
yard.
Excess Parking: The proposal provides parking beyond the zoning requirement, which
conflicts with the Zoning By-
landscaping.
Loss of Green Space/Amenity Area: The increased width would reduce landscaped
and outdoor amenity area and necessitate a large tree removal.
Transportation Planning Staff note that due to the proposed driveway configuration outside
of Parking Spaces 3 and 4, the turnaround area east of Parking Space 4 would not
functionally support any vehicle movements. As the addition of driveway width in this area
would not function appropriately, the proposed width of the driveway does not meet the
general intent of the Zoning By-law.
Overall, the requested variance does not align with the general intent of the Zoning By-
law, which seeks to maintain a harmonious streetscape, minimize impervious surfaces,
and support sustainable urban design principles.
Is/Are the Effects of the Variance(s) Minor?
The requested variance to increase the maximum permitted driveway width from 6.7
metres (40% of the lot width) to 14.8 metres (approximately 88% of the lot width) is not
considered minor in nature. The proposed width will be more than double the permitted
maximum and the increased driveway width will have negative visual impact of the
residential property and the residential streetscape. The wider driveway will have the rear
yard appear as a parking lot from the street yard, with the majority of it be covered by a
detached garage with two (2) parking spaces, four (4) parking spaces on a paved surface
and a hammerhead. While the Applicant/Owner indicates that the additional driveway area
is a convenient option for a building with additional dwelling units to avoid parking conflicts
between tenants, it presents a situation where a significant portion of the rear yard and
exterior side yard will be covered by a detached garage and a paved, impervious surface.
Transportation Planning Staff note that due to the proposed driveway configuration outside
of Parking Spaces 3 and 4, the turnaround area east of Parking Space 4 would not
functionally support any vehicle movements.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variance is not considered desirable for the appropriate development or
use of the land. Although the Applicant/Owner intends to provide additional parking spaces
and provide unobstructed vehicular access for the additional dwelling units, the proposed
driveway width would result in a streetscape dominated by asphalt, reduce landscaped
areas, and require the removal of an exceptionally large tree. These changes conflict with
the residential character and urban design objectives of the neighbourhood. As such, the
variance does not support a balanced or sustainable form of development. Therefore, the
requested variance related to widening the driveway is not required to facilitate the
addition of dwelling units and is not desirable and appropriate.
Environmental Planning Comments:
City trees may be impacted by the proposal; Serena Soucy is the contact. No other natural
heritage issues; no other tree issues.
Heritage Planning Comments:
No heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building
permit for the two additional attached dwelling units is obtained prior to construction. Please
contact the Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services does not support a proposed driveway width beyond 8.0 metres
for this Minor Variance Application, which is consistent with Table 5-2 of the Zoning By-law
and applied throughout the City for this type of parking configuration and land use.
Staff also note that due to the proposed driveway configuration outside of Parking Spaces
3 and 4, the turnaround area east of Parking Space 4 would not functionally support any
vehicle movements.
Grand River Conservation Authority Comments:
No comments or concerns.
Region of Waterloo Comments:
No concerns.
Six Nations of the Grand River Elected Council (SNGREC) Comments:
No comments.
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
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 inform
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
January 9, 2026
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 Meeting December 9, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2026001 532 Courtland Avenue East No Concerns
2) A 2026002 546 Courtland Avenue East No Concerns
3) A 2026003 4417 King Street East It is unclear if this application will result in
an impact on the water supply. Please be advised that the Region is currently
updating the Water Supply Strategy. We wish to bring to your attention that
through this work, concerns have been identified regarding water servicing
capacity within the Mannheim Service Area. Regional staff are currently
undertaking work to better understand the magnitude of the concerns.
As such, we note that subsection 3(5) of the Planning Act requires that decisions
made by approval authorities be consistent with the policies of the Provincial
Planning Statement, 2024 (PPS) including those polices found in s. 3.6 of the
PPS relating to water services.
4) A 2026004 37 Heiman Street No Concerns
5) A 2026005 1541 Fischer-Hallman Boulevard No Concerns
6) A 2026006 235 Hoffman Street No Concerns
7) A 2026007 56 Woolwich Street No Concerns
8) A 2026008 14 Sportsman Hill 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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЎЊЏВЌЋА
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Cheryl Marcy
Manager, Corridor Development
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЎЊЏВЌЋА
From:Trevor Heywood
To:Committee of Adjustment (SM)
Cc:Andrew Herreman; Anab Siraj
Subject:Re: ACTION REQUIRED - Committee of Adjustment Application Review – January 20, 2026 Meeting
Date:Wednesday, December 31, 2025 9:39:44 AM
Attachments:2025-12-31 A2026-001 GRCA comments.pdf
2025-12-31 A2026-002 GRCA comments.pdf
2025-12-31 A2026-004 GRCA comments.pdf
Hi there,
Please see the GRCA's comments attached for applications:
A2026-001 - 532 Courtland Ave E
A2026-002 - 546 Courtland Ave E
A2026-004 - 37 Heiman St
Additional comments will follow in a separate email for A2026-005 - 1541 Fischer-Hallman
Road.
All other applications are not regulated by the GRCA, and we have no comments or
concerns with them:
A2026-003 - 4417 King St E
A2026-006 - 235 Hoffman St
A2026-007 - 56 Woolwich St
A2026-008 - 14 Sportsman Hill St
Thank you. Regards,
Trevor Heywood B.Sc.(Env.)
Resource Planner
Grand River Conservation Authority
400 Clyde Road, PO Box 729
Cambridge, ON N1R 5W6
Phone: 519-621-2761 ext. 2292
Email: theywood@grandriver.ca
www.grandriver.ca | Connect with us on social media
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: December 22, 2025 3:08 PM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review – January 20, 2026
Meeting
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment meeting
scheduled for Tuesday, January 20, 2026, have been loaded and circulated through ShareFile. You
should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions on any of
these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to CofA@kitchener.ca no
later than 12 noon on Monday, January 5, 2026.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.ca