HomeMy WebLinkAboutDSD-19-191 - A 2019-050 - 149-151 Ontario St N & 21 Weber St WStaff Report _x
Development Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: August 20, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Garett Stevenson, Planner— 519-741-2200 ext. 7070
WARD:
10
DATE OF REPORT:
August 9, 2019
REPORT NUMBER:
DSD -19-191
SUBJECT:
Addendum to Report DSD -19-121
Application A2019-050
149-151 Ontario Street North & 21 Weber Street West
Owners — Kiah Group Inc.
Applicant — Scott Patterson, Labreche Patterson and
Associates Inc.
Approve with Conditions
Subject Properties
Background:
On May 14, 2019 the Committee of Adjustment deferred Application A2019-050 for three months
to allow for the appeal period for the new Zoning By-law (By-law 2019-051) to expire. By-law
2019-051 proposed changes to parking regulations, as well as the application of some non-
residential zones, among others. By-law 2019-051 was approved by Kitchener City Council on
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April 29, 2019 and has been appealed. The application of new zones within the Urban Growth
Centre has been deferred and will be addressed through a future zoning by-law amendment.
Report:
Since the May 14, 2019 Committee of Adjustment meeting, the building proposal has been
changed such that the proposed dwelling units are now less than 51 square metres in size. The
total required parking under Zoning By-law 85-1 is now 23 spaces.
The application seeks a reduction from Section 6 of Zoning By-law 85-1 to permit a mixed use
building with no minimum parking requirement, whereas the total parking requirement for the new
building would be 23.
Planning staff remain supportive of the requested parking reduction. Please see Report DSD -19-
121, dated May 14, 2019, for additional information and rationale.
As the timing for the application of the new Urban Growth Centre zones is not known, Planning
Staffs recommendation from Report DSD -19-121 has been revised to remove any reference to
dates and transition regulations and policies.
RECOMMENDATION:
That Application A2019-050, requesting relief from Section 6 of Zoning By-law 85-1 to
permit a mixed use building with no minimum parking requirement, be approved subject
to the following conditions:
That the Owner receive full site plan approval for a mixed use building, which
includes the following bicycle parking configuration:
A minimum one 1 Class A Bicycle Parking Stall for each dwelling unit. Each
Class A Bicycle Parking Stall shall be a bicycle locker or an enclosed, secure
area with controlled access in which a bicycle may be parked and secured
for the long term in a stable position with at least one point of contact with
the frame of the bicycle.
ii. A minimum of 6 Class B Bicycle Parking Stalls. Class B Bicycle Parking
Stalls shall be an area in which a bicycle may be parked and secured for the
short term in a stable position with two points of contact with the frame of
the bicycle.
Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP
Planner Senior Planner
Staff Report
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT NUMBER:
SUBJECT:
Report:
K_x
wwwkitchener. ca
Committee of Adjustment
May 21, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Garett Stevenson, Planner— 519-741-2200 ext. 7070
10
May 14, 2019
DSD -19-121
Application A2019-050
149-151 Ontario Street North & 21 Weber Street West
Owners — Kiah Group Inc., 1476795 Ontario Limited
Applicant — Scott Patterson, Labreche Patterson and
Associates Inc.
Approve with Conditions
Subject Properties
On April 29, 2019, Kitchener City Council approved several sections of Stage 1 of the new zoning
by-law, including new on-site parking regulations for properties within the Urban Growth Centre
(UGC) zones. However, the UGC zones, Bonusing regulations in section 4.3, and the application
of the zones to lands within the Downtown, were deferred.
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On May 13, 2019, the Planning and Strategic Initiatives Committee recommended approval of the
UCG zones and Bonusing regulations, which will be considered at Kitchener City Council on May
27, 2019.
Consideration of new UGC zoning for the subjects lands only was specifically deferred to a
regularly scheduled Kitchener Council meeting on May 27, 2019 to allow time for the processing
and consideration of this minor variance application, and to have the proposal be presented to
Heritage Kitchener prior to new zoning being applied. A site plan application is anticipated in the
coming days.
Heritage Planning staff has received a draft Heritage Impact Assessment (HIA) dated February
2019 and revised March 18, 2019 prepared by Letourneau Heritage Consulting Inc., regarding a
proposal to redevelop 149-151 Ontario Street North and 21 Weber Street West. The property
municipally addressed 149-151 Ontario Street North contains a circa 1876 brick building originally
constructed as semi-detached or "double house". The property is "listed" on the Municipal
Heritage Register. 21 Weber Street West contains a commercial building built circa 1957. While
21 Weber Street West does not have heritage status, it is by definition located adjacent to the
Civic Centre Neighbourhood Heritage Conservation District (across Weber Street West).
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Existing Buildings, 21 Weber Street and 149-151 Weber Street W
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The development proposal, as currently conceived, retains the existing listed cultural heritage
resource at 149-151 Ontario Street North and proposes demolition of 21 Weber Street West. A
new 21 storey building would be built above, and around, the existing semi-detached dwelling.
The developer has requested relief from Section 6 of Zoning By-law 85-1 to permit a mixed use
building with no minimum parking requirement, which is consistent with the parking regulations
(Section 5 of the new zoning by-law) approved for the UGC zones by Kitchener City Council. The
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minor variance is required in order to meet transition policies in the new zoning by-law, such that
the development would only have to comply with the current zoning regulations (Zoning By-law
85-1).
Planning Comments:
The subject lands are designed as City Centre District within the Urban Growth Centre
(Downtown) Intensification Area. The lands are currently zoned as Office District Zone (D-4) in
the current zoning by-law, and proposed to be zoned as UGC -1 with Site Specific Provision (1) in
the new Zoning By-law.
A site inspection as conducted on May 13, 2019.
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.
1. General Intent of the Official Plan
The Downtown will be planned to increase residential development, to conserve our cultural
heritage resources and ensure new development and redevelopment is sensitive to, enhances
and reflects our past, and o create and maintain a cycling and pedestrian -friendly and walkable
Urban Growth Centre (Downtown). All development or redevelopment in the Downtown will have
regard for the contribution to the public realm through the design of public, semi-public and
private spaces and buildings. Pedestrian, cycling, and rapid and public transit modes of
transportation will be given the priority over vehicular circulation and accommodation within the
overall transportation system. The proposed building will not have any required on-site vehicle
parking. Planning staff is recommending that the bicycle parking requirements from the new
zoning by-law be required to be shown on the final site plan as a condition of approval for the
minor variance application to support cycling as an active transportation option for the residents
of the building. Active Transportation policies in the Official Plan allow the City to require new
multi -unit residential to provide secure bicycle parking.
The lands are designated as City Centre. The City Centre District is the heart of the Downtown
and focuses around the original commercial area of King Street. This City Centre District is also
characterized by several large office developments and by lot sizes and assemblies of lot sizes
conducive to future large scale developments. One of the predominate uses in the district
includes multiple residential and mixed use developments. Pedestrian -friendly developments
are encouraged on the side streets and public lanes as well as King Street to maintain the
district's pedestrian appeal and to maximize the points of attraction and to minimize walking
distances. The podium of the proposed building will be positioned close to the Weber and
Ontario streetlines, and with ground floor elevations are proposed to include large openings with
vision glass allowing public view of the front and sides of the heritage resource.
An evaluation of significant cultural heritage resources is undertaken in the UGC. Such
evaluation includes the identification of specific heritage attributes which will be referenced and
guide the review and approval of plans for heritage conservation, adaptive reuse, new
development and infrastructure works. The developer completed an HIA which has concluded
that the existing semi-detached dwelling at 149-151 should be retained and incorporated into a
new development.
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A high quality of urban design for buildings, building elevations, building massing, storefronts,
store signs, patios, streetscapes and public spaces are required in order to enhance street life
and create local pride and interest as well as tourism interest. Planning Staff has been advised
that due to the position and size of the building proposed to be retained, underground parking
is not easily achieved. At grade and above grade parking within the new portions of the
proposed building could only be located along the Ontario and Weber streetlines, resulting in
blank facade walls and non-active uses at grade. By eliminating the requirement for parking,
large portions of the podium of the proposed building could feature vision glass to ensure that
components of the heritage resource that is being retained can be viewed from the public realm.
An additional stepback beyond the podium is proposed for the tower, setting the mass from
Weber Street to transition from the lower rise buildings on the opposite side of the street.
The proposed minor variance also conforms to Sustainable Development policies in the Official
Plan which encourage redevelopment to strive to be increasingly sustainable by encouraging
and supporting compact development and efficient built form and transit -supportive development
and redevelopment and the greater use of other active modes of transportation such as cycling
and walking.
Based on the foregoing, Planning Staff is of the opinion that the requested minor variance meets
the general intent of the Official Plan.
2. General Intent of the Zoning By-law
The current Zoning By-law was first approved in 1985 and has been updated and amended over
time. A new zoning by-law is required to implement the City's 2014 Official Plan. During this
time of transition, there are some sections of the Zoning By-law that do not align with the direction
of the 2014 Official Plan, including on-site parking regulations. As outlined in Staff Report DSD -
19 -049, which was presented to the Planning and Strategic Initiatives Committee on April 15,
2019 along with the first stage of the new zoning by-law, "the new approach to on-site parking
regulations involves some big moves, such as minimum bike parking, no minimum automobile
parking requirements in the Urban Growth Centre, lower minimum automobile parking
requirements for most uses, updated shared parking, and EV -ready spaces... The approach
to Parking regulations conforms to the Official Plan policies; including those for active
transportation, transportation demand management, intensification, urban design, the
environment, and others. This is consistent with the provincial and regional policies on
transportation and intensification."
As part of the review of the on-site parking regulations in the new Zoning By-law, comprehensive
research was undertaken by the City as well as consultants retained by the City. The City
retained Paradigm Transportation Solutions Limited to complete a report titled Comprehensive
Review of Off -Street Parking & Loading Regulations. The recommendations of this report were
utilized in developing some of the on-site parking rates. At the conclusion of that review,
inconsideration of the planned function of the UGC, Planning staff, with the support of
Transportation staff, recommended that there be no minimum parking requirements in the UGC
for multiple dwelling, among some other non-residential uses. This approach would permit the
market to determine the parking demand for a development.
The current Zoning By-law also contemplates parking reductions in the Downtown. While the
final size of the dwelling units is not yet determined for this project, should the development
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proceed with units that are less than 51 square metres in size, the total parking requirement for
the new building would be 23. At the time of the submission of the minor variance application,
36 of the proposed 126 units were below 51 square metres in size, resulting in a parking
requirement of 87 spaces. The current zoning by-law also provides on-site parking exemptions
for existing floor area and existing lots. While the current zoning by-law does not contemplate
full parking exemptions for new multiple residential dwellings, there are exemptions for certain
uses, as well as exemptions for new uses within existing buildings (at the time of the by-law being
approved) in the "D" zones.
Based on the foregoing, Planning Staff is of the opinion that the requested minor variance meets
the general intent of the Zoning By-law.
3. Is the Variance Minor?
The requested parking reduction is minor. Recent and ongoing investments and improvements
to active and public transportation modes in the Downtown provides greater support to alternative
modes of transportation. Private carshare and ride hailing services are available in the
Downtown, as well as other areas throughout the City. Additionally, should a resident or visitor
to the proposed building require vehicle parking, there are publically and privately owned parking
lots and garages that could fulfil the demand, in the same way that current residents and
employees in the Downtown without a provided parking space have met their needs.
4. Is the Variance Appropriate?
The requested variance is appropriate. By eliminating the requirement for on-site parking, a
residential intensification can occur on an irregular shaped lot that features an existing cultural
heritage feature that is being retained. Eliminating the need for an at or above grade parking
structure in the podium will result in a building base that features active uses at grade with a high
percentage of vision glass, allowing view of the sides of the heritage feature from the public
realm. The minor variance is required to have full compliance with Zoning By-law 85-1 in order
for the development to proceed independent of the application of the new UGC zones.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
21 storey apartment building is obtained prior to construction. Please contact the Building Division
@ 519-741-2433 with any questions.
Transportation Comments:
Transportation Services can support a `zero' parking rate for the proposed application based on
the fact that both Planning and Transportation Services staff supported and recommended a `zero'
parking rate (no minimum spaces) for multiple residential buildings within the Urban Growth
Centre (Downtown) through the Comprehensive Review of the Zoning By-law.
Heritage Comments:
The property municipally addressed as 149-151 Ontario Street North is a listed property on the
Municipal Heritage Register, and the property municipally addressed as 21 Weber Street North
is adjacent to the Civic Centre Neighbourhood Heritage Conservation District. The larger
development proposal on the subject properties contemplates the retention of the existing front
portion of 149-151 Ontario Street North in situ. The proposed minor variance to request relief for
0 (zero) parking spaces would help facilitate the retention of the heritage building, and as such
Heritage Planning staff has no concerns.
Staff Deport
Development Services Department
Engineering Comments:
Engineering staff has no objections to the proposed variance.
Operations Comments:
Operations staff has no objections to the proposed variance.
Environmental Planning Comments:
Environmental Planning staff has no objections to the proposed variance.
RECOMMENDATION:
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That Application A2019-050, requesting relief from Section 6 of Zoning By-law 85-1 to
permit a mixed use building with no minimum parking requirement, be approved subject
to the following conditions:
That the Owner submit a complete site plan application under Zoning By-law 85-1
and comply with all transition policies of Section 18 of the new zoning by-law.
2. That the Owner receive full site plan approval by May 21, 2021, for a mixed use
building, which includes the following bicycle parking configuration:
A minimum one 1 Class A Bicycle Parking Stall for each dwelling unit. Each
Class A Bicycle Parking Stall shall be a bicycle locker or an enclosed, secure
area with controlled access in which a bicycle may be parked and secured
for the long term in a stable position with at least one point of contact with
the frame of the bicycle.
ii. A minimum of 6 Class B Bicycle Parking Stalls. Class B Bicycle Parking
Stalls shall be an area in which a bicycle may be parked and secured for the
short term in a stable position with two points of contact with the frame of
the bicycle.
Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP
Planner Senior Planner
Region of Waterloo
May 03, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
(2) 06 BENTON/Frederick Victoria Business Centre
(15) 08 WEBER KIT, Kiah Group Inc.
Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have following comments:
1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns.
2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign
variance for the sign mounted on the building, mentioned in the application.
However, it is noted that there is another ground mounted business sign which is
encroaching into Victoria Street right-of-way. The owner should confirm if there is
an existing encroachment agreement in place. If not, the same would be required
with the Region.
3. SG 2019-011
— 524 Belmont Avenue West— No Concerns.
4. A 2019-039 —
121 Arrowhead Crescent — No Concerns.
5. A 2019-040 —
18 Rosedale Avenue — No Concerns.
6. A 2019-041 —
555 King Street East — No Concerns.
7. A 2019-042 —
244-260 Shoemaker Street—No Concerns.
8. A 2019-043 —
170 Rivertrail Avenue — No Concerns.
9. A 2019-044 —
109 North Hill Place — No Concerns.
10.A 2019-045 —
52 South Drive — No Concerns.
11.A 2019-046 —
18 Guelph Street — No Concerns.
12.A 2019-047 —
945 Robert Ferrie Drive — No Concerns.
13.A 2019-048 —
28 Stirling Avenue South— No Concerns.
14.A 2019-049 —
101-115 Margaret Avenue — No Concerns.
15.A 2019-050 —
149-151 Ontario Street North / 21 Weber Street West: There are
no concerns to
the minor variance application. However, the owner is advised
Document Number: 2997610
Page 1 of 2
that any development application on the above development would require
dedicated road widening of approximately 3.0 metre along the entire property
frontage along Weber Street (RR #08).
16.A 2019-051 — 25 Vanier Drive — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman(u-)grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: May 13, 2019
YOUR FILE: See below
RE: Applications for Minor Variance:
SG 2019-009
760 Commonwealth Crescent
SG 2019-010
907 Frederick Street, Units 3-5
SG 2019-011
524 Belmont Avenue West
A 2019-038
128 Mill Street
A 2019-039
121 Arrowhead Crescent
A 2019-040
18 Rosedale Avenue
A 2019-041
555 King Street East
A 2019-042
244 and 260 Shoemaker Street
A 2019-043
170 Rivertrail Place
A 2019-044
107-109 North Hill Place
A 2019-045
52 South Drive
A 2019-046
18 Guelph Street
A 2019-047
945 Robert Ferrie Drive
A 2019-048
28 Stirling Avenue South
A 2019-049
101-115 Margaret Avenue
A 2019-050
149-151 Ontario Street North/21 Weber Street West
A 2019-051
25 Vanier Drive
Applications for Consent:
B 2019-014
128 Mill Street
B 2019-015
23-25 Wendy Crescent
B 2019-016
52 Wilhelm Street
B 2019-017
177 Fifth Avenue
B 2019-018
69 Amherst Drive/118 Doon Valley Drive
B 2019-020
28 Burgetz Avenue
B 2019-021
20-24 Breithaupt Street
B 2019-022
20-24 Breithaupt Street
B 2019-023
26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore
Avenue, 20-24 Breithaupt Street
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan
review fees will not be required. If you have any questions, or require additional
information, please contact me.
'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2
Grand River Conservation Authority
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2
Grand River Conservation Authority.
Shuh Cline & Grossman LLP
Barristers and Solicitors
Frederick J. Shuh, B.A., LL.B. -
17 Weber Street West
Also of New York State Bar
Kitchener, Ontario N2H 3Y9
William C. Cline, LL.B-
Telephone (519) 578-9010
Mark S. Grossman, B.A., LL.B.
Facsimile (519) 578-1590
Gretchen T. Reitzel, B.A. (Hoes.) J.D.
Samantha S. Ahn, B.A., M.A., J.D.
Please Refer To:
Samantha S. Ahn
519-578-9010 east. 240
sahn@shuhlaw.com
May 17, 2019
DELIVERED BY EMAIL to Dianna. Saunderson@Kitchener.ca
AND BY HAND
Committee of Adjustment
Office of the City Clerk
Kitchener City Hall
200 King Street West
2nd Floor
Kitchener, ON N2G 4G7
Dear Sir or Madam:
Re: Committee of Adjustment — Hearing May 21, 2019
Objection to Application # A 2019-0 5 0
149-151 Ontario Street North / 21 Weber Street West
I am the solicitor for the owners of the property located at 17 Weber Street West, Kitchener
which is immediately adjacent to all the applicant's property in the Application. My clients
have used their property 17 Weber Street West as law office for 30 years staring in 1989.
My clients have a number of concerns regarding this Application to permit a very large scale,
high density 21 Storey residential development with zero (0) parking on the immediate adjacent
land located at 149-151 Ontario Street North and 21 Weber Street West.
Our clients only received notice of this Application on May 6, 2019. My clients were not
consulted about this Applicant or the applicant's development. They received some information
in a newspaper article published this month. This application should be deferred until my clients
have obtained professional planning advice. Our clients will then be able to meet with the
applicant and City staff regarding this Application.
Shuh Cline & Grossman LLP
Barristers and Solicitors
We submit that this Application does not meet the legal tests for approval by the Committee of
Adjustment under Section 45 of the Planning Act.
1 _ This Application is not minor in nature. The Application seeks the total elimination of
the requirement for 87 off-street parking spaces and reduced to zero (0) parking spaces
for a 21 -storey residential development. There has been no appropriate consideration of
the significant and negative impacts this complete elimination of parking requirements on
existing properties adjoining to this development.
There will be very significant problems with illegal parking on my clients' property and
traffic congestion if this Application is granted. There will also be significant problems
with access to my clients' property due to congestion and illegal parking. My clients
have many elderly and limited mobility persons needing to attend their law office.
2. This Application does not support an appropriate development of the land. This is a very
large scale, high density 21 storey residential development with zero (0) parking. The
size of this developer's lot is small. We understand the developer's proposal does not
comply with the current D-4 Zone and further, would not fully comply with the new
proposed CRoZBy Zoning By-law.
3. We submit the Application does not maintain the intent and purpose of the official plan in
a proper or reasonable fashion;
4. We submit the Application does not maintain the intent and purpose of the zoning by-
law. The zoning by-law clearly created the requirement for large scale residential
developments to have significant off-street parking. We understand that there are also
requirements under the proposed new by-law that this development may not comply with.
5. This development has proceeded without any notice or consultation with my clients as
the adjoining landowners.
6, The proposed 21 storey tower will block daylight and result in very significant
shadowing of my clients' building. This is of great concern arising from the plan for the
proposed 21 storey tower.
7, The developer's daylighting opinion mistakenly understates the impact and, in fact, does
not refer to my clients' property.
8. There is no restriction on windows facing our clients' property. There should be no
windows facing my client's property, similar to the building at 32 Duke Street West
facing to the rear of my clients' property. The negative impact on the privacy and the
business of my clients would be significant if windows from the 21 -storey tower face my
clients' property.
My clients are retaining professional Planners to obtain proper planning advice regarding the
development at 149-151 Ontario Street North and 21 Weber Street West with zero (0) parking.
Shuh Cline & Grossman LLP
Barristers and Solicitors
We ask that the Application be denied or, alternatively, be deferred until we have been able to
obtain proper planning advice and my client's planners have been able to consult with City staff
and the applicant.
Yours very truly,
Shuh Cline & Grossman LLP
U
Samantha S. Ahn
SSA/
Dianna Saunderson
From:
Sent: "atay,ay P, P P: P
To: Dianna Saunderson
Subject: FW; Comment for Committee of Adjustment regarding A 2019-050: 149-151 Ontario St
N / 21 Weber St W
Greetings, Dianna,
Holly has directed me to you. Can you please confirm receipt and forward this message to the Committee of
Adjustment adjudicators?
Thank you,
From:
Sent: May 18, 2019 3:06 PM
To: holly.dyson@kitchener.ca
Cc:
Subject: Comment for Committee of Adjustment regarding A 2019-050: 149-151Ontario St N / 21 Weber St W
Greetings, Holly.
Can you please confirm receipt and forward this message to the Committee of Adjustment adjudicators?
Thank you,
Greetings, Adjudicators,
In the case of 149-151 Ontario St N/21 Weber St W, I believe it necessary to either conform to a single zoning
bylaw or conform to both the new and old simultaneously, in their respective entireties. I believe that
straddling the benefits of two bylaws and ignoring even some of the associated requirements is not a legitimate
option. Because a bylaw aims to protect all affected parties, picking and choosing among bylaw provisions can
strip neighbours of the protections they are due. Thus, the least restrictive test for the minor variance
application is to determine if the application can be considered minor under the complete set of requirements
of at least one of Bylaw 85-1 or CRoZBy.
Under 85-1, the proposed build, in its draft form, would require 87 spaces. The proposed variance is a
reduction of 87 parking spaces or 100% of the requirement. This cannot be considered minor.
Under CRoZBy, the parking requirement would not be at issue. But a variance for additional height would be
required. The height limit, under CRoZBy, is 12 storeys or 125 feet. The proposed build is 21 storeys and over
226 feet. That constitutes a 75% increase in storeys and an 81% increase in height. This, too, cannot be
considered minor.
Therefore, under either bylaw, the proposed variance cannot be deemed minor.
I appreciate that the proposal and staff report are forward thinking, anticipating and encouraging a shift toward
active transportation. Nonetheless, we must operate under rule of law.
Please rule that the decision isnot minor and cannot be approved by the Committee of Adjustment.
Virus -free. www.avq.com
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