HomeMy WebLinkAboutDSD-2021-72 - A 2021-035 - 659 Stirling Ave. SStaff Report
De velo n7ent Services Dq,oartr7ent
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 18, 2021
L
www. kitchener ca
SUBMITTED BY:
vonWesterholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY:
Thompson, Lisa, Planning Technician, 519-741-2200 ext. 7847
WARD(S) INVOLVED:
Ward 9
DATE OF REPORT:
May 5, 2021
REPORT NO.:
DSD -21-072
SUBJECT: Minor Variance Application A2021-035
659 Stirling Avenue South
Owner - Gurcharan Bajwa, Accu Properties Inc.
Applicant - Pierre Chauvin, MHBC Planning Ltd
RECOMMENDATION:
That application A2021-035 requesting relief from Section 9.2.3 of By-law 2019-05 be
approved subject to the following conditions:
1. The owner shall obtain a permit from the Building Division prior to construction.
2. The owner shall obtain a Zoning Occupancy Certificate prior to issuance of a building
permit.
REPORT HIGHLIGHTS:
The applicant is requesting relief from Section 9.2 (3) of By-law 2019-051 to permit dwelling units to
be located on the ground floor of a building that does not contain any other permitted use listed in
Table 9-1.
Location Map
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The property is designated as Low Rise Residential in the City's Official Plan and identified as a
Community Area on the City's Urban Structure Map. The property is zoned as COM -1 in Zoning By-
law 2019-051.
The property is presently developed with a 6 -storey, 30 -unit multiple dwelling with one vacant
commercial unit on the ground floor. The building was constructed in 2012 and the "commercial"
unit on the ground floor has never been occupied by a commercial use. The applicant is proposing
to convert the vacant commercial space to provide 3 additional dwelling units within the existing
building.
The COM -1 zoning category stipulates that dwelling units shall be located within a mixed use building
containing at least one other permitted use listed in Table 9-1, and except for access, shall not be
located on the ground floor.
REPORT:
Planning Comments:
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 subject property is designated Low Rise Residential in the City's Official Plan which supports the
use of the property as a multiple dwelling. The proposed interior renovation of the vacant ground
floor space to provide three additional dwelling units meets the general intent of the Low Rise
Residential designation.
General Intent of the Zoning By-law
The COM -1 zone permits dwelling units as of right, with the stipulation that they are located within
the same building as a permitted commercial use. The commercial unit in the building has been
vacant since 2012 when the building was constructed. It is apparent that the location of this small
residential building does not support a commercial use, while the addition of 3 rental dwelling units
will be beneficial by adding more housing stock options within the City. Given the foregoing, staff is
of the opinion that the requested variance meet the general intent of the Zoning By-law.
Is the Variance Minor?
Staff is of the opinion that requested variance is minor and the approval of this application will not
present any impact to adjacent properties or the overall neighbourhood. The addition of dwelling units
in the building will provide much needed housing in the community at a scale and density suitable for
the property. The property meets all other zoning regulations, including parking.
Is the Variance Appropriate?
The variance is appropriate for the use of the property. The multiple dwelling is a permitted use of the
property and the three additional dwelling units to be created within the existing confines of the structure
which will have no impact to any nearby properties or the surrounding neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved as outlined
in the Recommendation section of this report.
City Planning staff conducted a site inspection of the property on May 6, 2021
Photo of Subject Property
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
additional dwellings is obtained prior to construction. Please contact the Building Division @
building@kitchener.ca with any questions.
Transportation Comments:
Transportation Services has no concerns with the proposed variance
Heritage Comments:
Heritage staff has no concerns with the proposed variance.
Engineering Comments:
The Engineering Division has no concerns with the proposed variance
Environmental Planning Comments:
Environmental staff has no concerns with the proposed variance.
Region of Waterloo Comments:
The Region has no concerns with the proposed variance.
Grand River Conservation Authority Comments:
We reviewed the previously approved site plan (SP12/033/S/BB) and issued a GRCA permit
(559/13) for the existing building. The ground floor and parking are unaffected by the floodplain as
the site was floodproofed. As such, we have no concerns with the additional residential units
proposed in the application. A GRCA permit will not be required.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice signed 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:
Committee of Adjustment application A2012-054 to add one dwelling unit on the 6t" floor was
considered on August 21, 2012 and was approved.
A Site Plan application for this property was approved September 14, 2012.
Region of Waterloo
April 29, 2021
Dianna Saunderson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
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
(11) /54, KOLB CREEK SUBDIVISIN 30T 02206
Dear Ms. Saunderson:
Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following updated comments:
1)
A 2021-035
— 659 Stirling Avenue South — No Concerns.
2)
A 2021-036
— 30 Simeon Street — No Concerns.
3)
A 2021-037
— 40 Prueter Avenue — No Concerns.
4)
A 2021-038
— 47 Kilkerran Crescent — No Concerns.
5)
A 2021-039
— 78 Shanley Street — No Concerns.
6)
A 2021-040
— 59 Bechtel Drive — No Concerns.
7)
A 2021-041
— 63 Bechtel Drive — No Concerns.
8)
A 2021-042
— 29 Gruhn Street — No Concerns.
9)
A 2021-043
— 10 Eastwood Drive — No Concerns.
10) A 2021-044
— 54 Park Street — No Concerns.
11) A 2021-045
— Blocks 3 & 4 Otterbein Drive — No Concerns.
12) A 2021-046
— 162 Greenbrook Drive — No Concerns.
Page of 2
Please be advised that any development on the lands subject to the Applications noted above
are subject to the provisions of the Regional Development Charge By-law 14-046 or any
successor thereof and may require the 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 above. If a site is subject to more than one application,
additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
J -�
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Juliane von Westerholt, City of Kitchener
Christine Kompter, City of Kitchener
CofA(uKitchener. ca
Document Number: 3644828 2
Docs #3644828
Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca
PLAN REVIEW REPORT: Dianna Saunderson
City of Kitchener
DATE: FILE:
April 29, 2021 Minor Variance — 659 Stirling Ave S
RE: Minor Variance Application A2021-035
659 Stirling Avenue South
Accu Properties
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no concerns with the application.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that the subject lands contain a
floodplain associated with Shoemaker Creek.
2. Legislative/Policy Requirements and Implications:
Due to the presence of the floodplain, the GRCA regulates a portion of the property
under Ontario Regulation 150/06 (Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation). Any future development
within the regulated area (as shown in yellow on the attached map) will require a
permit from the GRCA pursuant to Ontario Regulation 150/06.
We reviewed the site plan (SP12/033/S/BB) and issued a GRCA permit (559/13) for
the existing building. The ground floor and parking are unaffected by the floodplain
as the site was floodproofed. As such, we have no concerns with the additional
residential units proposed in the application. A GRCA permit will not be required.
3. Review Fees:
This application is considered a minor site plan, and in accordance with the GRCA's
2021 Plan Review Fee Schedule, the applicable fee is $280. We will send an
invoice to the applicant.
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
We trust this information is of assistance. If you have any questions or require additional
information, please contact me at 519-621-2763 ext. 2292 or theywood(agrandriver. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
* These comments are respectfully submitted as advice and reflect resource concerns within the
scope and mandate of the Grand River Conservation Authority
Attachment
C. C. Gurcharan Bajwa, Accu Properties
Pierre Chauvin, MHBC
Page 2 of 2
N Z
H n
N 7 NO Q CJ
> Q QQ O (� (� _Om N_512o� n
Q (n o E c? L Q Q r v�Ea `
p N o (D o o Q ( m (DmF E2n r -
C n c N U
/vL ULNC Q U�QQ E� YO
mm -
=o r
o oQ
E d O U
DwO1 •• CD C) (7 U)
o Qiw3
=v
A -°C 4 . 'N 0. EoO o
o
Lu w Q U) 0 U)00°°LU
(1)) rca�= (">
a
vJ a)m0®®®®� ��,JJJJd dNaIN m�NV vow
=n \ 1 w Un U) ~ rY
A L _
O1 E 1O w LL E
Uma � O
n c20.2 G
U O u 1 S S v F v s Z
a" C)
(� O
r
O
rn
0
N
- O
N
Y N
0
m
E
F
F
o ?
,i
0
�, cl
o
z
ILN