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HomeMy WebLinkAboutDSD-2026-027 - A 2026-004 - 37 Heiman 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: Brian Bateman, Senior Planner, 519-783-8905 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: January 5, 2026 REPORT NO.: DSD-2026-027 SUBJECT: Minor Variance Application A2026-004 - 37 Heiman Street RECOMMENDATION: That Minor Variance Application A2026-004 for 37 Heiman Street requesting relief from the following Sections of Zoning By-law 2019-051 to: i) Section 5.3 e) i), permit a parking area to be located 0.5 metres from a side lot line instead of the minimum required 1.5 metres; ii) Section 7.3, Table 7-6, to permit a lot width of 14.2 metres instead of the minimum required 19 metres; and iii) Section 7.3, Table 7-6, to permit a right side yard setback of 2.3 metres instead of the minimum required 3 metres; to facilitate the development of a 3-storey multiple dwelling having 6 dwelling units in accordance drawings, dated December 11, 2025, prepared for a Zoning Occupancy Permit, BE DEFERRED until June 20, 2026 or sooner to allow the Applicant/Owner: i) To prepare a Scoped Environmental Impact Study (EIS) and Tree Management and Enhancement Plan (TMEP) to the satisfaction of the Director of Development and Housing Approvals; and ii) To satisfy the Conditions of the Grand River Conservation Authority as noted in their comments dated December 31, 2025. REPORT HIGHLIGHTS: The purpose of this report is to assess Minor Variances requested to facilitate a plan to develop 37 Heiman Street with a 3-storey, 6 unit multiple dwelling. The key finding of this report is that a decision on whether these variances are is premature until such time as a Scoped Environmental Impact Study (EIS) and Tree *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Management and Enhancement Plan (TMP) have been submitted and approved to the satisfaction of the Director of Development and Housing Approvals, and satisfaction of the Grand River Conservation Authority conditions. Therefore staff are recommending Deferral at this time. This property was created through Consent Applications B2018-021 to B2018-023. Agreement WR1125863 was entered into requiring the preparation of a Tree Management and Enhancement Plan (TMP) and Scoped Environmental Impact Study (EIS) prior to issuance of a Building Permit. 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 the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is a vacant undeveloped parcel of land addressed as 37 Heiman Street (see Figure 1). This rectangular parcel of land was created through Consent Applications B2018-021 to B2018-023 with the intent of developing the property at a future date. Because there are trees on-site, the owner was required to enter into an Agreement with the City (WR1125863 see attachment) as part of Consent Approval. The agreement requires the preparation of a Tree Management and Enhancement Plan (TMP) and Scoped Environmental Impact Study (EIS) prior to issuance of a Building Permit. When the agreement was entered into, it was anticipated that the development would require Site Plan Approval and these studies would have been required at this time to support the proposed development. The requested variances would have been reviewed and assessed as part of the Site Plan Approval process. In the absence of a Site Plan Application, as none is required, the studies need to be submitted as part of the review of this Minor Variance Application. Also, as the variances implement a plan that will remove and/or impact trees, staff feel it is imperative to require the environmental work upfront. Community Areas Urban Structure and is Low Rise Residential The rear portion of 37 Heiman Street is also within the Grand River Conservation . --law 2019- 051. Figure 1 Subject Property (outlined in red) and Surrounding Lands Figure 2 Photograph of Subject Property The purpose of the application is to seek approval of 3 variances for the existing lot width, the side yard setback to a parking area and the side yard setback for a multiple dwelling, which are required to facilitate the plan shown in Figure 3 below: Reduced Side Yard Setback Lot width reduc tion Reduced Setback to Parking Area Figure 3 Proposed Site Plan REPORT: Planning Comments: Staff is recommending Deferral so that the applicant can prepare the required Scoped EIS and TMP as required through Agreement (WR1125863) to support his request for the Minor Variances and built form under consideration. A 6 month Deferral, (or sooner if the reports are completed and reviewed in advance), is suggested so that the Applicant/Owner has time to prepare the necessary work and for staff to review it and report back to Committee. The Deferral would also allow satisfaction of the GRCA comments/conditions. Environmental Planning Comments: A Tree Management and Enhancement Plan (TMP) and Scoped Environmental Impact Study (EIS) is required through Agreement (WR1125863). 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 6-unit residential building 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: Cash-in-lieu of parkland dedication will be required prior to issuance of a building permit. No other concerns or requirements. Transportation Planning Comments: Transportation Services have no concerns with this application but note that drivers are expected to face some delays as the proposed drive aisle can only facilitate one direction of vehicle travel at a time. The wider area near the parking spaces will help facilitate an approximate 5-point turn if all parking spaces are occupied to allow a vehicle to exit the site in a forward motion. GRCA Comments: The GRCA has reviewed this application under Ontario Regulation 686/21, acting on behalf of the Province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024), as a public body under the Planning Act, as well as in approved policies. Information currently available at our office indicates that the subject lands contain the Shoemaker Creek floodplain. This portion of the floodplain is a Two-Zone Policy Area. The Regulatory Floodplain Elevation (RFE) for the property is 321.8 metres (CGVD28). The proposed building elevations indicate the top of the ground floor will be 425.75 metres, which seems implausible, but no vertical datum is cited. The site plan also appears to show all development will be outside of the floodway portion of the floodplain, but GRCA staff cannot be certain without grading details and a higher resolution drawing that does not blur the measurement text. These issues will need to be corrected in the final drawings. The proposed building and associated grading must be above the RFE, and all development activity is outside of the floodway, in accordance with City of Kitchener Official Plan Policies 6.C.2.5(c)(i) and 6.C.2.7(b), as well as GRCA Policies 8.1.30 and 8.1.31. In order to demonstrate meeting these policies, the GRCA will require the following plans, all of which must note the horizontal and vertical datums (e.g., NAD83 UTM Zone 17, CGVD28): 1. A Topographic Survey, completed by an Ontario Licensed Surveyor, showing the extent of the Regulatory Floodplain Elevation (RFE) measurements. 2. A Grading Plan showing: a) The floodway/flood fringe boundary as derived directly from our floodplain layer, which can be downloaded from the Grand River Information Network at https://data.grandriver.ca/. b) The post-development extent of the Regulatory Floodplain Elevation (RFE), sufficiently floodproofing the building and driveway / parking. 3. Building plans and cross-sections (i.e., a revised version of building plan A-300), showing corrected geodetic floor elevations, and with all floor space above the Regulatory Floodplain Elevation (RFE). The GRCA has confidence that the applicant can revise their plans accordingly to demonstrate the above. As such, the GRCA recommends approving the application GRCA permit. Region of Waterloo Comments; No concerns. Six Nations of the Grand River Elected Council (SNGREC) Comments: Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and using warmer lights that are directed downwards and away from natural areas. Hundreds of millions of birds are killed by windows in North America each year, with 56% being from low-rise residential, thus this request extends to all sizes of development. (https://ontarionature.org/sustainable-building-design-can-stop-millions-of-birds-deaths- blog/). lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective- lighting.pdf 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 Planning Report for B2018-021to B2018-023 ATTACHMENTS: Attachment A Agreement WR1125863 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 December 31, 2025 Committee of Adjustment City of Kitchener 200 King Street West Kitchener ON N2G 4V6 CofA@kitchener.ca Re: Minor Variance Application A2026-004 37 Heiman Street, Kitchener Shanaya Ventures Grand River Conservation Authority (GRCA) staff have reviewed the above-noted application for variances to facilitate a six-unit multiple dwelling. Recommendation The GRCA recommends that the application is approved subject to the following condition: Prior to any grading or construction on the site, the owners or their agents submit the following to the satisfaction of the Grand River Conservation Authority. a. A topographic survey by an Ontario Licensed Surveyor; b. A detailed grading plan; c. Building plans and cross-sections; d. The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit from the Grand River Conservation Authority. Documents Reviewed by Staff Staff have reviewed the site and building plans (Khalsa Design, dated December 11, 2025) submitted with this application. This follows our August 3, 2021 pre-consultation comments. Page 1 of 3 GRCA Comments The GRCA has reviewed this application under Ontario Regulation 686/21, acting on behalf of the Province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024), as a public body under the Planning Act, as well as in accordance with Ontario Regulation 41/24 policies. Information currently available at our office indicates that the subject lands contain the Shoemaker Creek floodplain. This portion of the floodplain is a Two-Zone Policy Area. The regulatory floodplain elevation (RFE) for the property is 321.8 metres (CGVD28). The proposed building elevations indicate the top of the ground floor will be 425.75 metres, which seems implausible, but no vertical datum is cited. The site plan also appears to show all development will be outside of the floodway portion of the floodplain, but GRCA staff cannot be certain without grading details and a higher resolution drawing that does not blur the measurement text. These issues will need to be corrected in the final drawings. The proposed building and associated grading must be above the RFE, and all development activity is outside of the floodway, in accordance with City of Kitchener Official Plan Policies 6.C.2.5(c)(i) and 6.C.2.7(b), as well as GRCA Policies 8.1.30 and 8.1.31. In order to demonstrate meeting these policies, the GRCA will require the following plans, all of which must note the horizontal and vertical datums (e.g. NAD83 UTM Zone 17, CGVD28): 1. A topographic survey, completed by an Ontario Licensed Surveyor, showing the . 2. A grading plan, showing: a. The floodway/flood fringe boundary as derived directly from our floodplain layer, which can be downloaded from the Grand River Information Network at https://data.grandriver.ca/. b. The post-development extent of the RFE, sufficiently floodproofing the building and driveway / parking. 3. Building plans and cross-sections (i.e. a revised version of building plan A-300), showing corrected geodetic floor elevations, and with all floor space above the RFE. The GRCA has confidence that the applicant can revise their plans accordingly to demonstrate the above. As such, the GRCA recommends approving the application Page 2 of 3 GRCA permit. ______________________________ This isconsidered a 2023- 2025approved fee schedule, we will invoice the applicant $300for our review. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2761ext. 2292 or theywood@grandriver.ca. Sincerely, ____________________________ Trevor Heywood Resource Planner Grand River Conservation Authority Encl.Resource Mapping cc: Sharath Samudrala Amritpal Bansal, Khalsa Design Page 3of 3 Author: TH Date: Dec 31, 2025 Legend From:Emmett Vanson To:Committee of Adjustment (SM) Cc:Peter Graham Subject:SNGREC Comments Re: Kitchener January CofA Date:Monday, January 5, 2026 1:56:45 PM Attachments:Outlook-kexdlfm1.png Hello, The following are my comments for the January CofA for Kitchener. Comments are separated by a bold and underlined heading with addresses, and I have combined multiple applications to receive the same comment. For 532 and 546 Courtland Ave Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and using warmer lights that are directed downwards and away from natural areas. Please see the City of Toronto’s bird friendly practices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective- lighting.pdf Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. SNGREC requires an opportunity to review any landscape plant lists before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase’s capacity allows. SNGREC strongly encourages the creation of pollinator gardens using native plant species in landscaped areas not intended for human movement. Pollinator gardens can offer food, breeding space, and sanctuary for pollinators that are harmed by human expansion as they lose functional habitat, and their remaining habitat becomes more fragmented. Pollinator gardens will also increase the visual attractiveness of the area. For 56 Woolwich St, 14 Sportsman Hill St, 1541 Fischer-Hallman St, 37 Heiman St Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and using warmer lights that are directed downwards and away from natural areas. Hundreds of millions of birds are killed by windows in North America each year, with 56% being from low-rise residential, thus this request extends to all sizes of development (https://ontarionature.org/sustainable-building- design-can-stop-millions-of-birds-deaths-blog/). Please see the City of Toronto’sbirdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective- lighting.pdf Niá:wen (thank you), Emmett Vanson, BSc., Grad. Cert. (he/him) Land Use and Stewardship Technician Six Nations of the Grand River Elected Council - Lands and Resources Department - Consultation and Accommodation Process Team lrlust@sixnations.ca Confidentiality Notice: This email, including any attachments, is for the sole purpose of the intended recipients and may contain private, confidential, and privileged information. Any unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by reply email and destroy all copies of the original.