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HomeMy WebLinkAboutCA Agenda - 2021-08-17THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w 4-3. NOTICE OF HEARING Box 1118 �R Kitchener ON N2G 4G7 Pu rsuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2203 As amended and Ontario Regulations 197/96 and 200/96, as amended. CofA@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY August 17, 2021, commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at www.kitchener.ca/watchnow. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information. As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 P.m. on Monday August 16, 2021. To register please email CofA(ckitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number). • You can provide a written submission no later than 8:30 a.m. Tuesday August 17, 2021, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. If you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please registerwith the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. lel»4[NeTA9[0L"Mil:a►Till0101:ATIANFAL[yWEU111L01:ZK0]0E,yALINr01zkYILUkS110111:1:11111»ALINII01CYT"I A 2021-081 - 101 Schweitzer Street Permission to construct a single detached duplex with an easterly side yard setback of 0.914m rather than the required 1.2m; and, a rear yard setback of 6.585m rather than the required 7.5m. A 2021-082 - 915 Eaglecrest Court Permission to construct a single detached dwelling having a driveway and garage width of 54% of the overall lot width rather than the maximum permitted 50% A 2021-083 - 200 Tartan Avenue Permission to construct a 51 -unit multi -residential townhouse development containing 3 3 -storey townhouse dwellings having a parking rate of 1.13 off-street parking spaces/per unit rather than the required 1.25 off- street parking spaces/per unit; a visitor parking rate of 13% of the required number of parking spaces, rather than the required 15%; and, to have a side yard abutting Beckview Drive of 4.5m rather than the required 6m. A 2021-084 - 210 Tartan Avenue Permission to construct a 45 -unit multi -residential townhouse development containing 3 3 -storey townhouses having a parking rate of 1.18 off-street parking spaces/per unit rather than the required 1.25 off-street parking spaces/per unit. A 2021-085 - 49 Gruhn Street Permission to renovate the attic space in an existing single detached dwelling and legalizing the southerly side yard setback of 0.67m rather than the required 1.2m. A 2021-086 - 176 Woolwich Street Permission to construct a single detached dwelling on lot having a width of 56.08m rather than the required 60m; and, to have a southerly side yard setback of 1.9m rather than the required 7.5m. The existing dwelling is proposed to be demolished. Page 1 of 2 A 2021-087 - 407 Park Street Permission to construct balconies/decks in the rear yard of an existing triplex dwelling having a westerly side yard setback abutting Gildner Street of 2.34m rather than the required 6m. A 2021-088 - 62 Hawkswood Drive Permission to construct a covered patio in the rear yard of an existing single detached dwelling having a rear yard setback of 3.04m rather than the required 7.5m. A 2021-089 - 165 Courtland Avenue East Permission to construct a 30 -unit multi -residential dwelling having a parking rate of 1 off-street parking space/per-unit rather than the required 1.25 off-street parking spaces/per-unit; and, to have 10% of the required visitor parking spaces rather than the required 20% visitor parking spaces. A 2021-090 - 50 Otterbien Road Permission to construct a 194 -unit 8 storey multi -residential development having a parking rate of 1.21 off- street parking spaces/per-unit rather than the required parking rate of 1.5 off-street parking spaces/oer-unit. A 2021-091 - Quarry Park Drive (Phase 2 Sandra Sprigs, Draft Plan of Subdivision 30T-91005, Lots 67 to 80) Permission for future residential lots fronting onto Quarry Park Drive, Lots 67 to 80 on the plan submitted with the application, currently Zoned R3, to have a minimum lot width of 12.5m to 13.01 m rather than the required 13.7m. B 2021-042 - 220 Ira Needles Boulevard Permission to grant three easements in favour of the adjacent property municipally addressed as 1460 Highland Road West, easement 1 on the plan submitted with the application having a width of 7.3m and being irregular in shape intended for driveway access; easement 2 having a width of 1.8m intended for pedestrian access; and, easement 3 being 25.3m by 48.1m for a shared common area. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2203). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Ontario Land Tribunal (OLT) may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to CofACcbkitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 30th day of July, 2021. Sarah Goldrup Acting Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON JULY 30, 2021. Page 2 of 2 Staff Report De velo relent Services Dq,oartrlent �.L www. kitchener ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 1711, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 61h, 2021 REPORT NO.: DSD -2021-146 SUBJECT: Minor Variance Application A2021-081 101 Schweitzer Street Owner — 2477865 Ontario Inc. Applicant — Bogdan Kliska RECOMMENDATION: That application A2021-081 requesting permission to allow a new duplex dwelling to have an east side yard setback 0.914 metres whereas 1.2 metres is required, and a rear yard setback of 6.585 metres whereas 7.5 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to permit a purpose-built duplex with an east side yard setback of 0.914 metres rather than the required 1.2 metres. Further relief is requested to permit a rear yard setback of 6.585 metres whereas 7.5 metres is required. 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 Residential Five Zone (R-5) in Zoning By-law 85-1. The applicant is proposing to construct a purpose-built duplex on the existing vacant lot. The lot was recently severed from 103 Schweitzer Street and the owner has cleared the conditions and is ready to construct the dwelling on site. 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. This designation places emphasis on compatibility of building form with respect to massing, scale, and design to support the successful integration of different housing types. It also incorporates policies that places emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. It is the opinion of staff that the requested variances are appropriate and continue to meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure adequate access to the rear yard. The variance is only requested for the east side yard setback, while the left side yard setback will still meet the 1.2 metre setback required. The reduction in the east side yard setback will have a minimal effect as access to the rear yard is maintained through the west side yard. Additionally, this sideyard is situated adjacent to the retained lands at 103 Schweitzer which contains rear yard parking for the existing multiple dwelling. No impacts to the neighbouring property are anticipated. The intent of the 7.5 metre rear yard setback is to ensure that there is adequate rear yard amenity space for the dwelling. The proposed rear yard setback of 6.585 metres still maintains an adequate setback from the rear lot line. Furthermore, the design of the building shows a portion of the rear of the foundation meets the required 7.5 metre rear yard setback. Staff is of the opinion that the reduction in the side yard setback and rear yard setback meet the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor as it is the opinion of staff that the reduction in side yard setback from 1.2 metres to 0.914 metres, and reduction in rear yard setback from 7.5 metres to 6.585, are small in nature for the context of the development. Staff is off the opinion that the reduced side and rear yard setbacks will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition is in keeping with the existing character of the subject property or surrounding neighbourhood. Therefore, the variances are appropriate for the development and use of the land. City Planning staff conducted a site inspection of the property on August 3rd, 2021. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new residential building is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with this application. Environmental Comments: Environmental Planning has no concerns with this application. 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: Consent (Severance) application B2020-042 1 Fla III "f< RED„GED SETB4ZK PfP{:I Ii AILD 2-STORFT PSG l I ��INc i ' Ln �I �I r.=Ntll-F {F-Mz -12 FRV11TF TFRRArF FRGwEc;tIDN Fir H ---- ---- � F FNTRXi�F '.: PROPF 5ED Cw=lERED ER I I I '. LL- LUILEX I 11111140 I I Concept Layout —101 Schweitzer Street III II I II I ID II I II u I I I PfP{:I Ii AILD 2-STORFT PSG l I ��INc i ' Ln �I �I r.=Ntll-F {F-Mz -12 FRV11TF TFRRArF FRGwEc;tIDN Fir H ---- ---- � F FNTRXi�F '.: PROPF 5ED Cw=lERED ER I I I '. LL- LUILEX I 11111140 I I Concept Layout —101 Schweitzer Street PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo relent Services Dq,oartrlent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 �.L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, Planner, 519-741-2200 ext. 703 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 6, 2021 REPORT NO.: DSD -2021-151 SUBJECT: Minor Variance Application A2021-082 915 Eaglecrest Court Owners — Activa Holdings Inc. Applicant - Karen Cramer RECOMMENDATION: That minor variance application A2021-082 requesting permission to allow for a driveway and garage to be 54% of the lot width rather than 50% of the lot width be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Special Regulation Provision 307R of the Zoning By-law to allow a driveway and garage width to be 54% of the lot width rather than the maximum 50%. Location Map: 915 Eaglecrest Court *** 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 Community Areas on the City's Urban Structure Map. The property is zoned as Residential Six Zone (R-6) with Special Regulation Provisions 306R and 307R in Zoning By-law 85-1. 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 requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit an increased driveway and garage width is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The requested variance to allow for a driveway and garage to be 54% of the lot width meets the general intent of the Zoning By-law. The intent of the maximum driveway width in Special Regulation Provision 307R of the Zoning By-law is to ensure that the driveway does not dominate the front of the dwelling and by extension, the streetscape. The subject lot is pie shaped and narrows towards the front, so the driveway percentage calculation does not capture the full size of the lot as it widens considerably towards the rear lot line. In addition, the proposed driveway is "tapered" and narrows down to 6 metres in width within 3 metres of the front property line (required by 307R b) ii. Illustrated below). Staff is of the opinion that this regulation will ensure that the parking area will not dominate the streetscape. As such, staff is satisfied that the requested variance meets the general intent of the Zoning By-law \ EACLECREST COURT I5 (33 1/21 Lsi��° , /2") ds '� A$p�.�00 C:j ,548 LLf�, 6.00 PROPOSED S A DRIVEWAY T J. (%? xr�.a; sR {qy� 4.621.JC@.63 Sgg.a5 _ PORCH G S.1S (1 20 �F (1. p1J 1R �tu2v rN 60iN) ,71d4.Sa. v 9O I G.Raw n I I I 2 1_SR__ ®__ I' Z A r f 11 1 915 Eaglecrest Court Driveway Layout Is the Variance Minor? The increase of the garage and driveway width is considered minor. Staff is of the opinion the increase will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The garage width and driveway width increase will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on July 30, 2021. Vacant lot at 915 Eaglecrest Court. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the renovations to the rear yard deck is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. 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: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 �.L www. kitchener ca SUBMITTED BY: Bateman Brian, Senior Planner, 519-741-2200 Ext. 7869 PREPARED BY: Thompson Lisa, Planning Technician, 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: August 5, 2021 REPORT NO.: DSD -21-149 SUBJECT: Minor Variance Application A2021-083 200 Tartan Avenue Owner - 2506781 Ontario Inc. Applicant - Charlotte Balluch RECOMMENDATION: That application A2021-083 requesting relief from By-law 85-1 Appendix D, Regulation 502R e) to provide parking for a 51 -unit multiple dwelling at the rate of 1.13 spaces per unit, rather than the required 1.25 spaces per unit, and 502R b) to provide a maximum side yard abutting a street of 6.0 metres, rather than the maximum of 4.5 metres; and, relief from Section 6.1.2 b) vi) A) to provide visitor parking at the rate of 13% of the required number of parking spaces, rather than the required 15%; be approved subject to the following conditions: 1. The owner shall receive final approval of site plan application SP18/116/H/KA for a 51 -unit multiple dwelling. 2. That 26 Class A and 6 Class B bicycle parking spaces are provided on site. REPORT HIGHLIGHTS: The applicant is requesting the following variances from By-law 85-1: 1. Appendix D, Regulation 502R e) to provide parking for a 51 -unit multiple dwelling at the rate of 1.13 spaces per unit, rather than the required 1.25 spaces per unit, and 2. Appendix D, Regulation 502R b) to provide a maximum side yard abutting a street of 6.0 metres, rather than the permitted maximum of 4.5 metres; and, 3. Relief from Section 6.1.2 b) vi) A) to provide visitor parking at the rate of 13% of the required number of parking spaces, rather than the required 15%. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map 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 subject property is zoned Residential Eight (R-8) with Special Regulation 502R in Zoning By- law 85-1. The property is presently vacant; however, the owner has recently received Approval in Principle of a site plan application for a new 51 -unit multiple dwelling. The subject property is one of four properties in the Wallaceton Subdivision which frame the new neighbourhood park. II. 210 Tartan 200 Tartan 1 Neighbourhood Neighbourhood Park Park - 623 Beckview 20 John Wallace Location Context Map II STATISTICS MULTIAESIVIN II AJ_ .I.-ardlr idltml Xur�vd�ls }'�h smese eL rASV zv rcm � Irm •4f BX '-^' Xu,sedv6FT pf e�p��riAd�llam('. IF.,.merq •1,!nr• MM F1 :pemRTla.:n- pN/Ym 1,sa I.tl1i1 r kiG.�f h •1,- FIFARAIlrE91ILIIR Q,{6'1 en .:1'41 9LPP4RT: dTHl o{t evuL qam: uLMPH TAIgF9TOM 3.'':.:UAJ_xTCG aWA% rK" ALL . r I. PI 4q. }, QTA,RR A'{rMre I - -I,: K..d Id 12— AJ 51F F iHS I FF iFh: +:�: Fr.I Fir;'A 511E L ; -„I :`r. .li :Yn:.•al:ro- tGnxS.Sm Hill 1-111111111 T A R T A K A V E N U E f. — — — — — — — — — — — — —'_= — — — — — — — — — — — — — — — He�ISEa: SITE PLAN APPLICATION Na; SP1 8i116iH.X.A SITE ALAN® FFFT07IM19,' Li910EHiWlI PANVTNiEr �gicC e5 mFfl %vM N11:1� o R s xa s ,liru: KRC{EXEW. RE6Y3k4 Wlfhk:IF'WttOR'A,r7F%00 2508781 ONTARIO Inc. SCALE ,'Si City of Kitchener FI 200 TARTAN Alli �1z"uH!yL:,1Y UA L: V:'L14”-4¢ Site Plan -Approved in Principle 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 Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a lower -density neighbourhood. The requested variances will support and continue to maintain the low-density character of the property 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 Zoning By-law The variances requested for reductions to both resident and visitor parking, and the increased side yard setback all meet the general intent of the Zoning By-law. The maximum setback regulations in the by-law are intended to provide a consistent built form street wall to frame streets in the neighbourhood with a consistent setback that provides some landscaping. The resulting side yard setback of 6.0 metres for the multiple will allow additional greenspace on the property. This property is one of four blocks that frame the new neighbourhood park in the Wallaceton Subdivision. To keep a consistent street wall for the buildings, this property has a slightly larger side yard setback than the blocks on the south side of the park as it is a larger parcel of land. The reduction in tenant and visitor parking will still provide an adequate number of spaces on site for residents and visitors. Through site plan review, staff and the applicant worked to a design solution that included Class A and B bicycle parking spaces consistent with zoning bylaw 2019-51. Transportation staff has no concern with the parking reductions subject to the provision of bicycle parking spaces as provided on the site plan which is approved in principle. Is the Variance Minor? In the opinion of staff, the requested variances are minor. The increased side yard setback will allow additional green space to be provided on site and provide a consistent street wall along Tartan Avenue, mirroring the other three block that surround the neighbourhood park. The parking reductions are in keeping with the parking regulations in the City's new Zoning By-law 2019-051, which will apply to all properties in the city in the near future. In all other aspects, the proposed multiple dwelling development meets the zoning regulations. Is the Variance Appropriate? In the opinion of staff, the requested variances are appropriate and maintain the orderly development of the subject lands within the subdivision. City Planning staff conducted a site inspection of the property on August 4, 2021 Building Comments: No Building concerns. Transportation Comments: The proposed parking rate of 1 parking space per unit follows the intent of the future zoning by-law, and the proposed visitor parking reduction from 15% to 13% is considered minor in nature with the addition of Class A and B bicycle parking as noted on site plan SP18/116/H/KA. Therefore, Transportation Services can support the proposed parking reductions subject to the condition that the development includes 26 Class A and 6 Class B bicycle parking spaces. Heritage Comments: No Heritage concerns. Engineering Comments: No Engineering concerns. Environmental Planning Comments: No Environmental concerns. 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: A Site Plan application has been filed for this property and has received Approval in Principle. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo relent Services Dq,oartrlent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 www. kitchener ca SUBMITTED BY: Bateman Brian, Senior Planner, 519-741-2200 Ext. 7869 PREPARED BY: Thompson Lisa, Planning Technician, 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: August 5, 2021 REPORT NO.: DSD -21-148 SUBJECT: Minor Variance Application A2021-084 210 Tartan Avenue Owner - 2506781 Ontario Inc. Applicant - Charlotte Balluch RECOMMENDATION: That application A2021-084 for 210 Tartan Avenue requesting relief from By-law 85-1, Appendix D, Regulation 503R e) to provide parking for a 45 -unit multiple dwelling at the rate of 1.18 spaces per unit, rather than the required 1.25 spaces per unit be deferred to the September 21, 2021 Committee of Adjustment Meeting. The application needs to be re -advertised as an additional variance is required. REPORT HIGHLIGHTS: The application is requesting permission to develop a vacant property at 210 Tartan Avenue with a 45 -unit multiple dwelling providing 1.18 parking spaces per unit, rather than the required 1.25 spaces per unit. $'7 73 23 21IR19 a 33 .� 37 35 31 29 l 4, ■ Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo relent Services Dq,oartrlent �.L www. kitchener ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 1711, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 61h, 2021 REPORT NO.: DSD -2021-147 SUBJECT: Minor Variance Application A2021-085 49 Gruhn Street Applicant — Chris Fernandes Owner — Attila Schmidt, Jennifer Scullion RECOMMENDATION: That application A2021-016 requesting permission to allow an upper storey addition to have a side yard setback of 0.67 metres whereas a setback of 1.2 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow an upper storey addition to have a side yard setback of 0.67 metres rather than the required 1.2 metres. M 7 L I_''. 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 Conservation in the KW Hospital Neighbourhood Secondary plan within the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and build an upper storey addition. 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 Conservation in the KW Hospital Neighbourhood Secondary Plan within the City's Official Plan. This designation includes policies regarding preservation of the built scale of development through the retention of existing housing stock and to retain the existing low rise, low density residential character of the neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure there is adequate space to access the rear of the property. The existing dwelling was built over 90 years ago, and the 0.67 metre setback is now considered legal non -conforming. The existing setback has caused no issues with rear yard access in that time, and staff have no concerns with the building addition matching the existing 0.67 metre setback. The opposite side yard also provides access to the rear yard as there is an existing driveway along the side of the dwelling. Staff is of the opinion that the reduction in the side yard setback meets the general intent of the Zoning By-law. Is the Variance Minor? The variance can be considered minor as it is the opinion of staff that the side yard setback continues to accommodate the appropriate rear yard access. The setback of 0.67 metres for the side yard will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on August 3rd, 2021 jif k7 4J.. '.7"' Mj 0 Aw td " jif Photo of Subject Property (Front and Side view) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the alterations to the single detached dwelling and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: 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 property municipally addressed as 49 Gruhn Street is located within the Gruhn Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Comments: No environmental planning concerns. 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: There are no previous reports/authorities related to this matter. I I I I I I I I I I I I I I I I I I I I I I I I Elevation Drawing (Front View) — 49 Gruhn Street — — - - - - - - --- -- - - — - -- -- � I METds-nNGGffWE 4 ' [&t7'G MEA- 33N'RQ) r T 4 W T----- w I I � I 1- E)'JynyG SMILE FAULT 59 I4 ME LNG JOLM _.._ IeID'GMEA-54312] I I I I = x IIA4 G � I I I I 4 I I L______J1 1 I Concept Layout — 49 Gruhn Street I I I I I I I I I I I I I I I I I I I I I I I I Elevation Drawing (Front View) — 49 Gruhn Street PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 �.L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 6, 2021 REPORT NO.: DSD -2021-153 SUBJECT: Minor Variance Application A2021-086 176 Woolwich Street Owner— Klondike Homes Ltd. Applicant — Paul Florice, C/O Klondike Homes Ltd. RECOMMENDATION: That application A2021-086, for 176 Woolwich Street, requesting relief from: a) Section 34.3.2 of Zoning By-law 85-1 to allow a single detached dwelling to be constructed on a lot with a width of 56.08 metres rather than the required minimum of 60 metres; and b) Section 34.3.2 of Zoning By-law 85-1 to allow for a single detached dwelling to have a right (south) side yard setback of 1.9 metres rather than the required minimum of 7.5 metres, be approved subject to the following condition: The Owner shall prepare a Tree Preservation/Enhancement Plan for the subject lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved and shall be submitted prior to the issuance of a Building Permit. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to facilitate the construction of a single detached dwelling with a reduced lot width and reduced side yard setback. The lot width of 56.08 metres rather than the required 60 metres, and a side yard setback of 1.9 metres rather than the required 7.5 metres is being sought. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map of the Subject Property BACKGROUND: The subject property is located on the east side of Woolwich Street, in the Bridgeport North Planning Community on the border of Kitchener's boundary with Waterloo. The property contains a single detached dwelling and the immediate neighbourhood is characterized primarily by low-density residential uses including one, one -and -a -half, and two storey single detached dwellings. The dwelling directly adjacent to the north has a two-storey form, while the property to the south contains a one -and -a -half storey home. 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. It is zoned as Agricultural (A-1) in Zoning By- law 85-1; currently the property is not subject to By-law 2019-051. City Planning staff conducted a site inspection of the property on July 30, 2021. The applicant is proposing to demolish the existing single detached dwelling and replace it with a new single detached dwelling. A Residential Demolition Permit was issued August 6, 2021 by the Building Division and Demolition Control exemption was confirmed based on the A-1 zoning. To facilitate redevelopment, the applicant is seeking to legalize the existing lot width of 56.08 metres rather than the required 60 metres. Further relief is being sought to allow for the new dwelling to have a side yard setback of 1.9 metres rather than the required 7.5 metres. 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 In the City's Official Plan, the intent of the Low Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The proposed new dwelling will be of a similar size to those in the surrounding area, and the existing lot width is of a similar enough size as to ensure a cohesive streetscape. The low-density characteristic of the property and the surrounding neighbourhood is maintained. Therefore, it is the opinion of staff that the requested variances are appropriate and meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 60 -metre lot width in the A-1 zone is to ensure that lots are adequately sized to support agricultural operations. Though zoned as such, the subject lot is used only for residential purposes. The requested first variance is an existing condition that does not adversely impact either the adjacent property nor its present use. With respect to the second variance, in the A-1 zone, the 7.5 metre setback from the side lot line is intended to ensure that there is adequate separation between dwellings and lot lines for farming purposes. As mentioned above, though zoned Agricultural, the subject land is used solely for residential purposes. It should also be noted that Zoning By-law 2019-051 is proposing to update the subject properties zoning to Low Rise Residential Zone Two (RES -2) to better reflect its existing use. Further, the subject land is surrounded by residentially zoned properties which allow for a 1.2 metre side yard setback. The proposed 1.9 metre side yard setback provides adequate space to access the rear of the property and provide an adequate buffer to the adjacent dwelling. Due to the above reasons, Planning staff is of the opinion that the requested variances are appropriate and meet the general intent of the City's Zoning By-law. Are the Variances Minor? The requested variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The proposed setback, in combination to the southernly dwellings side yard setback, is sufficient to ensure buffering and privacy. Adequate buffering and privacy will further be ensured if staffs recommended condition for implementation of a Tree Preservation Plan is approved. Planning staff is of the opinion that the variances are minor. Are the Variances Appropriate? The requested lot width variance will legalize an existing condition and facilitate the construction a single detached dwelling, which is a permitted use in the Official Plan and Zoning By-law. The requested variances are not expected to negatively impact any of the adjacent properties or the surrounding neighbourhood. The proposed dwelling will not negatively impact the present character of either the subject property or the surrounding area. For these reasons, Planning staff is of the opinion that the variances are appropriate for the development of the land. Building Comments: The Building Division has no objections to the proposed variance. An application has been made for the new detached dwelling and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application. Environmental Planning Comments: A Tree Preservation/Enhancement Plan is required in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. Grand River Conservation Authority Comments: The Grand River Conservation Authority (GRCA) has no concerns with this application. 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: Committee of Adjustment application A2019-030 requesting relief to permit and addition to have a side yard setback of 1.2 metres rather than the required 7.5 metres and a lot width of 52.5 metres rather than the required 60 metres was considered on April 16, 2019 and was approved. Building Permit application 2021 120672 is under review by the Building Division and a permit for Residential Demolition was issued on August 6, 2021. Demotion Control exemption was confirmed through DC21/023/W/ES. ATTACHMENT Attachment A — Drawing included with the application O 910 y\ a ip f31a.a0) of �3,�•pt r ro 1 p[iE11 � � ,wti 1 �,�sali � Zrol014 7RUS A S 1 9 411, f$ 96) 31'x. 06 bb b raT 4e• 4` s4. *N tt • F RA 4b' 4 Ip 4r �E �E be• 0 POST DEWOL I T I Ori ITE/GRADING PLAN ITS OCCLNICH STMT CITY OF KITCHEN€R "A"'i L d 3w 4. L 1. J. Imm I'c F J dl �h C i 5 -A _ sw 6 * y IF jdf ff++ .. _.� t ky.T �• �� r i w . r; 5 >•a� a. op" �k ...r fr t illi iiIIL4F 7pmw r raWlw • BMW - Ir ePI • art -la Tw 1 S P S A PLAN 0W SLNWKY "" f ilk a r'IYrF j A EE71,Fr1�� iY r r. w• 0"'' KER RIJEB SLIRWY1NG LIWITM JCS r1 ae.brlai 7tITtge, +liRPlldf9 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 Administration Centre: 400 Clyde Road, P.Q. 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: August 3, 2021 Minor Variance A2021-086 — 176 Woolwich St RE: Minor Variance Application A2021-086 176 Woolwich Street Klondike Homes 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 and are adjacent to wetlands. 2. Legislative/Policy Requirements and Implications: Due to the presence of the wetlands, the GRCA regulates all of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). The GRCA has reviewed and approved Permit 510/21 for the proposed development. As such, we have no concerns with this application. 3. Advisory Comments to the Applicant: GRCA permits are non-transferrable. If there are any changes to the approved permit drawings, an amendment will be required. 4. Review Fees: This application is considered a `minor' minor variance, 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(5�grandriver. 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 rara�:�r•�nza: • Page 2 of 2 N Z < +T+ N L - o O LL .. o 0 q>" E U z U U = Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 �.L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 6, 2021 REPORT NO.: DSD -2021-154 SUBJECT: Minor Variance Application A2021-087 407 Park Street Owner — Benjamins Real Estate Holdings Applicant — Mark Benjamins, C/O Benjamins Real Estate Holdings RECOMMENDATION: That application A2021-087 requesting permission for new covered balconies on a multiple dwelling to have a side yard setback abutting a street of 2.34 metres rather than the required 4.5 metres and further, that an encroachment of 1.55 metres for the balcony including railing and a post into the required Driveway Visibility Triangle of 4.5 metres, be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 32.3.1 of Zoning By-law 85-1 to facilitate the construction of new covered balconies on a multiple dwelling. A side yard setback abutting a street of 2.34 metres rather than the required 4.5 metres is being sought. Through the review of the application it was determined that a second variance will be required to permit an encroachment into a driveway visibility triangle (DVT). This variance is in the same location as the one requested and is directly related to the setback variance that was advertised. Therefore, Planning staff is of the opinion that appropriate notice has been given. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The property is designated as Community Institutional in the K -W Hospital Neighbourhood Plan for Land Use and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as a Community Institutional Zone in Zoning By-law 85-1. There is one special use provision applied to the property and surrounding area. Special Use Provision 102U permits a medical laboratory to be a use on the identified lands. This provision does not impact this application. At present, the site is developed with a triplex and associated parking lot. Some amenity space is provided in the form of landscaped areas. The proposed covered balconies will provide residents with further functional outdoor space. Through the review of the application, it was determined that a second variance is required to permit one of the support columns and railing of the proposed lower balconies to encroach into the DVT. Under Zoning By-law 85-1 no object over 0.9 metres in height from grade may be permitted within a driveway visibility triangle. Relief from Section 5.3 will be required to allow the balcony encroachment to encroach 1.55 metres into the DVT which includes railings and the support pillar. Given that this variance also relates to the proposed balconies associated with the requested setback variance, staff is of the opinion that sufficient notice has been given to permit this second variance. 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 In the KW Hospital Secondary plan, the intent of the Community Institutional designation is to recognize and make provisions for existing community institutional uses such as schools, churches, hospitals, or community services. In addition, residential uses which are complementary to the community institutional uses are permitted. Permitted residential forms include single -detached, semi-detached, and multiple dwellings. Further, under Section 4 of the Official Plan, emphasis is placed on any new buildings or modifications to existing buildings being of an appropriate massing and scale and compatible in design with the built form and community character of the surrounding area. The proposed balconies will not significantly change the size of the existing building and will maintain the character of the streetscape. As such, Planning staff is of the opinion that the requested variance is appropriate and meets the general intent of the City's Secondary and Official Plan. General Intent of the Zoning By-law The intent of the 4.5 metre setback for side yards abutting a street is to ensure that: there is a uniform streetscape; there are no visibility issues for the corner visibility triangle or driveway visibility triangles for the subject property or neighbouring properties; and that appropriately sized open areas on a lot are provided for residential use and for the purpose of any exterior maintenance which may be required. The proposed balconies will not project past the north-westerly wall of the existing dwelling, which is 2.03 metres from the side yard lot line. In this way, the existing uniformity of the streetscape is maintained. Though a portion of the proposed balcony structure encroaches into the driveway visibility triangle, Transportation staff notes that it is minor and appropriate visibility is maintained. Further, the corner visibility triangle is not impacted. Finally, the proposed covered balconies will create more functional outdoor space for residents to use and the requested variance still allows for appropriate space in which to address any exterior maintenance needs. For the above -noted reasons, Planning staff is of the opinion that the requested reduction for side yard setback and associated DVT encroachment meets the general intent of the zoning by-law. Is the Variance Minor? The proposed variance is minor in nature, being only a 2.16 metre difference. The second variance permitting the balcony encroachment into the DVT is also minor and will not obstruct visibility. Staff is of the opinion that the requested reductions in setback as well as the encroachment will allow for the construction of covered balconies that are compatible with the existing uses of the property and which will not negatively impact any of the adjacent properties or the surrounding neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance is not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the balconies is compatible with the existing multiple dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. Visibility remains unobstructed. City Planning staff conducted a site inspection of the property on July 30, 2021. Figure 2: View of the rear and side elevation of the subject property, where the new covered balconies are proposed. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the decks/balconies are obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: It appears from the submitted plan that a support column for the proposed balconies is encroaching into the driveway visibility triangle (DVT). However, the encroachment into the DVT is minor in nature. Also, the visibility for the ground floor balcony always remain free and clear of obstructions. Any future submissions should note the DVT on the plan. Heritage Comments: 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 property municipally addressed as 407 Park Street is located within the Gildner Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments: Engineering has no concerns with the proposed application. Environmental Planning Comments: There are no natural heritage or tree management concerns. However, it would be preferred if the street tree on Gildner Street was protected against any impacts from construction. 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: Committee of Adjustment application A 2003-064 for 407 Park Street was considered on August 19, 2003 and was approved. ATTACHMENTS: Attachment A — rear elevation drawings of the building with the proposed balconies 7 FyNT ELEVAT]ON (DREAR ELEVATION z OR z D-7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo relent Services Dq,oartrlent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 �.L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 6, 2021 REPORT NO.: DSD -2021-152 SUBJECT: Minor Variance Application A2021-088 62 Hawkswood Drive Owner— Nikoletta Trasias & Chris Dimtrievski Applicant — Nikoletta Trasias RECOMMENDATION: That application A2021-088 requesting permission for a proposed covered porch to have a rear yard setback of 3.04 metres rather than the required 7.5 metres be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 37.2.1 of Zoning By-law 85-1 to facilitate the construction of a new covered patio in the backyard with a rear yard setback of 3.04 metres rather than 7.5 metres in accordance with Section 5.6A.4 of the Zoning By-law. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. MA r Hp�WKSWWold Figure 1: Location Map BACKGROUND: The property at 62 Hawkswood Drive 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 a Residential Three Zone (R-3) in Zoning By-law 85-1. Special regulation provision 304R and 307R are applied to some lands in this area, including the subject property. The former permits identified lots to have a minimum width of 15 metres, while the latter regulates the dimensions of garages on identified properties. These special regulation provisions do not affect what is being proposed in this minor variance application. At present, the property contains a single detached residential dwelling and one accessory structure. The rear yard had previously contained an uncovered deck with railings, which has been removed to facilitate this proposal. 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 In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a two-storey, single detached residential dwelling with a detached accessory structure. The proposed covered porch will not significantly change the existing massing, height, or other design characteristics of the house, especially as it will not be visible from the front street line. Therefore, it is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metre rear yard setback is to ensure that there is adequate amenity space on site as well as adequate separation of buildings. The proposed covered porch does not span across the entire rear yard and does not detract from the available outdoor amenity space. The separation between the dwelling on the subject property and surrounding buildings will not be changed. Therefore, staff is of the opinion that the requested reduction in the rear yard setback meets the general intent of the Zoning By-law 85-1. Is the Variance Minor? The proposed variance is minor in nature. Staff is of the opinion that the requested reduction in the setback will allow for the construction of a new covered porch that is compatible with the existing uses of the property and will not negatively impact any of the adjacent properties or surrounding neighbourhood. Appropriate rear yard access and use continues to be accommodated. The proposed covered porch will be replacing a previous deck which has been removed. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance is not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the covered porch is compatible with the existing dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. City Planning staff conducted a site inspection of the property on July 30, 2021. Figure 2: View of the rear yard of the subject land where the covered porch is proposed to be located. Building Comments: The Building Division has no objections to the proposed variance. An application has been made for the covered porch and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application Environmental Planning Comments: There are no natural heritage or tree management concerns. 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. CONSULT — Planning Staff were contacted by a neighbour inquiring about the nature of the application and if it would result in changes to the streetscape. Clarification on what was being requested within the application was provided and all concerns appropriately addressed. PREVIOUS REPORTS/AUTHORITIES: Building Permit application 2021 118914 AL is currently under review. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 �.L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 9, 2021 REPORT NO.: DSD -2021-155 SUBJECT: Minor Variance Application A2021-089 165 Courtland Avenue East Owner — R.G. Boyer Holdings Ltd. Applicant- Megan Gereghty, GSP Group RECOMMENDATION: That application A2021-089 requesting permission to construct a 30 -unit multi -residential dwelling having a parking rate of 0.9 off-street parking spaces/per-unit rather than the required 1.25 off-street parking spaces/per-unit; and, to have 10% required visitor parking rather than the required 20% visitor parking spaces AS AMENDED be approved, subject to the following condition: 1. That 35 Class A secured, long-term bicycle parking spaces and 6 Class B bicycle parking spaces are provided on site. 2. That the variance applies to site plan application SP20/064/C/ES for a 30 -unit multiple dwelling. REPORT HIGHLIGHTS: The applicant is proposing to develop a 30 -unit multiple dwelling building on the subject lands. The applicant is seeking a parking reduction to provide 28 parking spaces, of which 3 would be visitor parking. The applicant has submitted a site plan application and it has been granted Approval in Principle. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1511 1 151 148 Co "1 51 r;(I 1 53 J C 1 5 5T 162159 155 165 f�}y 1 164; 69 65 170 173 A• s ,F� 174 h184 •-,.s` �} 17[, �T 175 40 188 �,18Y 175 181 �(v gCl „ ¢ `�, 1G4 1Bp 18.) OL' 1`•11 187 I, I1kill '173 1f 169 184 � 1 T7 CI I' 1:$ 1 1 581 } 90 197 183 203 2U1,' 187 2 191 n 2'`10 193 r,llke Wagner Green jCouriland 141 rse Trai i Location Map: 165 Courtland Avenue East BACKGROUND: The subject property located at 165 Courtland Avenue East is designated as Low Density Commercial Residential in the Mill Courtland Woodside Park Secondary Plan in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Commercial Residential One (CR -1) in Zoning By-law 85-1. 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 1. The subject property is designated Low Density Commercial Residential in the Mill Courtland Woodside Park Secondary Plan in the Official Plan. This designation intends to recognize areas of small scale commercial development and residential development with a maximum floor space ratio (FSR) of 1.0. The proposed development includes 30 units and an FSR of 0.98. The request for a parking reduction supports a low rise multiple dwelling in keeping with the land use designation and also aligns with sustainability and active transportation policies through support for public transit in a Major Transit Station Area. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires 1.25 parking spaces per dwelling unit and 20% visitor parking is to ensure that there is adequate vehicle storage on site. This property is located in a Major Transit Station Area and is walking distance from Route 6 GRT bus stop on Courtland Avenue as well as the Kitchener Market LRT Station. The development is also proposed to include 35 Class A (indoor, secured) bicycle parking spaces in a dedicated storage room within the building. This represents more than one secure indoor bicycle parking space per unit whereas none are required as per the current zoning by-law. Given the provision of alternative transportation options proposed with this development, staff is of the opinion that 28 parking spaces (0.9 per unit) is adequate for vehicle storage on site. Therefore, staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The subject property is within the central neighbourhoods within walking distance from downtown amenities, existing and proposed cycling routes and in a Major Transit Station Area. Staff is of the opinion that reductions in required vehicle parking are appropriate for the development. Is the Variance Minor? 4. The proposal represents a small reduction in required vehicle parking that is not expected to cause adverse impacts. Therefore the requested variance is considered minor. City Planning staff conducted a site inspection of the property on August 4, 2021. View of Vacant Site (August 4, 2021) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Based on the submitted application, the applicant is proposing to provide 0.9 spaces per unit (0.8 residential + 0.1 visitor). While the parking rate for the residential component is marginally less than the Council approved Zoning By-law 2019-051, the visitor parking is meeting the intent of 2019-051. In support of a reduced parking rate, the applicant is providing Class A bicycle parking spaces which is above the Council approved amount of 0.5 spaces per unit in Zoning By-law 2019-051. The Class A bicycle parking dimensioning are planned to conform to Section 5.5 Bicycle Parking Stall Provisions in 2019-051. Also, within 600 metres of the site there is exiting ION and GRT routes that provide the opportunity of alternative modes of transportation. Therefore, Transportation Services can support this variance subject to 1. 35 Class A secured, long-term bicycle parking spaces provided on-site, and 2. 6 Class B bicycle parking spaces provided on-site. Heritage Comments: 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 property municipally addressed as 165 Courtland Ave E. is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill/Schneider Creek area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Cedar Hill Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Environmental Comments: No environmental planning concerns. 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: None. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 Administration Centre: 400 Clyde Road, P.Q. 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: August 3, 2021 Minor Variance A2021-089 — 165 Courtland Ave E RE: Minor Variance Application A2021-089 165 Courtland Avenue East R.G. Boyer Holdings GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with this application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands contain the Schneider Creek floodplain. 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 previously provided the City with comments on the associated site plan (SP20- 064-C-ES) and confirmed that it satisfies applicable City and GRCA floodplain policies as proposed. As such, we have no concerns with this application. 3. Review Fees: We previously received $420 for our review of the site plan, and do not require additional fees for our review of the minor variance. A separate fee will be required for a GRCA permit. 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(a-)grandriver. 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. Megan Gereghty, GSP Group Page 2 of 2 +T+N N L O s - Z < O N L_ O N (B Q U a _ LL U Q o c? ion- o o E rnQ Q Q U c? U m U Q a 3 0 E vvo Y c = E a ° p ui m U N fB U -o U° 6 m CD o~�aE t -= r v"= A CU 0 i Lf') W i Staff Report De velo relent Services Dq,oartrlent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 www. kitchener ca SUBMITTED BY: Bateman Brian, Senior Planner, 519-741-2200 Ext. 7869 PREPARED BY: Thompson Lisa, Planning Technician, 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 5, 2021 REPORT NO.: DSD -21-150 SUBJECT: Minor Variance Application A2021-090 50 Otterbein Road Owner - Lotco Limited Applicant - Marc Villemaire/Cathy MacLellan SRM Architects Inc. RECOMMENDATION: That application A2021-090 be approved subject to the following conditions: 1. The owner shall submit and receive approval of a Site Plan Application for the proposed multiple dwelling development; and 2. That the owner enters into an agreement with the City of Kitchener to be registered on title which acknowledges: a) that vehicle parking will be rented separately from the dwelling units; b) that there will be a minimum of 97 Class A secured, long-term bicycle parking spaces provided on-site to be utilized by residents; and, c) that there will be a minimum of 8 Class B bicycle parking spaces provided on-site. REPORT HIGHLIGHTS: The application is requesting relief from Section 6.1.2 a) to provide 1.21 parking spaces per unit for an eight storey, 194 -unit multiple dwelling, rather than the required 1.5 spaces per unit. 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 Medium Rise Residential in the City's Official Plan and is identified as Community Area on the City's Urban Structure Map. The property is zoned as Residential Eight (R-8) in Zoning By-law 85-1 and is proposed to be developed with an eight storey, 194 -unit multiple dwelling with one level of underground parking. > i LACKNER BLVD Preliminary Concept Site Plan (with one level of underground parking) 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 Medium Rise Residential in the City's Official Plan. This land use designation accommodates a range of medium density housing types including a multiple dwelling. Staff is satisfied the requested variance will maintain the medium density character of the property and surrounding neighbourhood. Additionally, secure Class A bicycle storage will be provided on site which supports the active transportation policies of the Official Plan. Staff is further satisfied that urban design considerations will be addressed through the site plan process to ensure the development implements the City's Urban Design guidelines and standards. Therefore, it is staff's opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of providing 1.5 parking spaces per unit is to ensure that an adequate number of parking spaces are available for the residents of the development and for visitors to the property. The reduction to 1.21 spaces per unit will adequately meet the parking needs for the development in conjunction with the transportation demand management measures that will be provided on site. Staff is of the opinion that the reduction in parking meets the general intent of the Zoning By-law. Is the Variance Minor? Staff is of the opinion that the requested variance is minor as it will ultimately be in compliance with the parking requirements set out in the City's new Zoning By-law 2019-051, which is anticipated to apply to all lands within the City in the near future. The minor parking reduction will not present any significant impact for the proposed development, adjacent properties, or the overall neighbourhood. Is the Variance Appropriate? The proposed variance for a parking reduction is appropriate for the development of a 194 -unit multiple dwelling as there will be an adequate amount of parking provided on site. The proposed development is supported by Official Plan policies, zoning regulations, and is compatible with surrounding uses. The subject lands are well served by transit, recently constructed multi -use trails on Lackner and Victoria Streets and are located close to a major commercial corridor on Victoria Street. The proposed development will not negatively impact the existing character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on August 4, 2021. Photo of Subject Property Building Comments: No Building concerns. Transportation Comments: Based on the submitted plan with this application, 194 units are proposed with 235 associated parking spaces for a parking rate of 1.21 spaces per unit, which aligns with Zoning By-law 2019- 051 (in effect but not yet applied to the property). 2019-051 allows for a minimum parking rate of a 1.1 parking spaces per unit up to a maximum of 1.4 spaces per unit. On-site visitor parking is being supplied at 20% (47 parking spaces). The applicant is proposing 154 bicycle parking spaces as noted within the Parking Study submitted by Paradigm Transportation Solutions Ltd (July 2021). However, the amount of Class A bicycle parking has not been identified on the plan submitted with this application nor in the Parking Study. The Class A bicycle parking dimensioning conform to Section 5.5 Bicycle Parking Stall Provisions in 2019-051. Transportation Services have reviewed the Parking Study and support Paradigm's analysis, methodology and recommendations. Therefore, Transportation Services can support this application provided that the owner of the property enters into an agreement with the City of Kitchener to be registered on title that acknowledges the following: a. That acknowledges that vehicle parking will be rented separately from the dwelling units. b. That there will be a minimum of 97 Class A secured, long-term bicycle parking spaces provided on-site to be utilized by residents. c. That there will be a minimum of 8 Class B bicycle parking spaces provided on-site. Heritage Comments: No Heritage concerns. Engineering Comments: No Engineering concerns. Environmental Planning Comments: No Environmental concerns. 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: There are no previous reports/authorities related to this matter. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo relent Services Dq,oartrlent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 �.L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 9, 2021 REPORT NO.: DSD -2021-156 SUBJECT: Minor Variance Application A2021-091 6-71 Quarry Park Drive Owner — WM. J. Gies Construction Limited Applicant- Andrew Head, Dryden Smith & Head Planning RECOMMENDATION: That application A2021-091 requesting permission for future residential lots fronting onto Quarry Park Drive, Lots 67 to 80 on the plan submitted with the application, currently zoned R3, to have a minimum lot width of 12.5m rather than the required 13.7m be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 37.2.1 of the Zoning By-law to reduce the lot widths of a total of fourteen (14) proposed lots within subdivision 30T-91005 and when registered, municipally addressed as 6-71 Quarry Park Drive. _ ( T r r 176 �` 175 179 _ 183,,�1t7(1g1r' i96'r1 172 99 168 — 164 160 7 11 15 19:2 27 156 203 148 37 Bookmarks 144 216 22 0 90 140 224 228 904 136 �o, 232 207 909 236, 132 �'t'"tt 128 £+12 240 Location Map: 6-71 Quarry Park Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Bookmarks 216 22 0 224 228 �o, 232 207 r 236, "111 �'t'"tt 215 240 219 22:1 1• 243 34 227 248 sE 231 45 235 252 49 2 39 256, 5?. 243 91, 57 2t; 247 0 +�� 61 A44 65 251 {i,, �'¢Q� 69 � P� 0 y Ci{t 73 Location Map: 6-71 Quarry Park Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject lands on Quarry Park Drive are designated as Low Rise Residential in the City's Official Plan and identified as a Neighbourhood Node on the City's Urban Structure Map. The lands are zoned as Residential Three Zone (R-3) in Zoning By-law 85-1. Subdivision 30T-91005 (Sandra Springs) was draft approved on November 9, 1995. The most recent modification was completed on January 6, 2017. Due to an error, the 14 subject properties were draft approved with lot widths ranging from 12.5 to 13.01 metres whereas the required minimum lot width in the R-3 zone is 13.7 metres. The applicant is requesting a reduction in lot width to align with the draft approved subdivision plan. 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 1. The requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing, to achieve a low overall intensity of use. The requested variance for reduction lot width does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a minimum lot width of 13.7 metres is to ensure that lot patterns are generally uniform and that there is enough lot width to facilitate site functionality. The request for lot width reduction applies to 14 properties on the north side of Quarry Park Drive which are all within 0.5 metres of each other in lot width. Therefore, staff is of the opinion that the lot patterns created through the draft approval are generally uniform. In terms of functionality, the smallest lots in the Zoning By-law for single detached dwellings are 9 metres in width. As all subject lots are greater than 12.5 metres wide, staff is of the opinion that the proposed lot widths will provide ample space for site functionality and access. Therefore, staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed lot fabric was proposed through a plan of subdivision and forma newly developing neighbourhood which is currently under construction. Lots of this approximate size are present in the overall subdivision including the adjacent Dunnigan Drive. Therefore, Staff consider the request for variance to be appropriate. Is the Variance Minor? 4. The requested lot widths represent a very slight reduction and are expected to function adequately. Therefore the requested variance is considered minor. City Planning staff conducted a site inspection of the property on August 4, 2021. View of Vacant Land where Quarry Park Drive is to be Built (August 4, 2021) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. 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: None PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 — 101 Schweitzer Street — No Concerns. 2) A 2021-082 — 915 Eaglecrest Court — No Concerns. 3) A 2021-083 — 200 Tartan Avenue — No Concerns. 4) A 2021-084 — 210 Tartan Avenue — No Concerns. 5) A 2021-085 — 49 Gruhn Street — No Concerns. 6) A 2021-086 — 176 Woolwich Street — No Concerns. 7) A 2021-087 — 407 Park Street — No Concerns. 8) A 2021-088 — 62 Hawkswood Drive — No Concerns. 9) A 2021-089 — 165 Courtland Avenue East — No Concerns. 10) A 2021-090 — Otterbein Road — No Concerns. 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 Document Number: 3755058 Page 1 of 2 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report De velo n7ent Services Dq,oartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: August 17, 2021 �.L www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: August 9, 2021 REPORT NO.: DSD -2021-157 SUBJECT: Consent Application B2021-042 220 Ira Needles Blvd Owner — Galena Towers Limited Applicant- Al Allendorf RECOMMENDATION: That application B2021-042 requesting permission to grant three easements in favour of the adjacent property municipally addressed as 1460 Highland Road West, easement 1 on the plan submitted having a width of 7.3m and being irregular in shape intended for driveway access; easement 2 having a width of 1.8m intended for pedestrian access; and, easement 3 being 25.3m by 48.1m for a shared common area be approved, subject to the following conditions: 1. That the owner provide 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 sized 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. 2. That the owners of the proposed dominant lands and servient lands, enter into a joint maintenance agreement to be approved by the City Solicitor, to ensure that the said easements are maintained in perpetuity, which agreement shall be registered on title immediately following the Transfer Easement. 3. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and immediately thereafter, the approved joint maintenance agreement, be provided to the City Solicitor. 4. The City Solicitor be provided with copies of the registered Transfer Easement and joint maintenance agreement immediately following registration. 5. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The applicant is requesting permission to grant easements related to the joint functionality of the properties municipally addressed as 220 Ira Needles Boulevard (two multiple dwelling buildings 15- 16 storeys in height with 344 dwelling units) and 1460 Highland Road West (11 stacked townhouse buildings with 101 dwelling units). I I I I fC] i� IC13 IN uJ fUJ IZ — 1g11 \ \'''156 5C55D 24(1 73D13A\'41 � 51 5A t^, -,12D12,, \13C gD 11D 12C FGA s8F4� 9A0'11C_] Q�gg10C u i7C7 787A� 8CBBD SB_gA— 1 EXE r� 1 46U I442XxxXx.KX.xx" 2.3! 228 r= �` FOREST HEIGHTS 218'22 0 12214 2 04 20- a Location Map: 220 Ira Needles Blvd and 1460 Highland Road West BACKGROUND: The comprehensive development of the subject lands that includes both 1460 Highland Road West and 220 Ira Needles Boulevard received full site plan approval in 2009. An amendment to the original site plan approval was approved for 220 Ira Needles Boulevard 2015 to amend the layout of the proposed towers which was then constructed by the applicant. The lands addressed as 1460 Highland Road West were registered as Waterloo Condominium Corporation 527 in 2011. 220 Ira Needles Boulevard is not a condominium and will function as rental tenure. The applicant is seeking to establish access easements related to the joint functionality of the two adjacent sites. The subject lands are designated as High Rise Residential in the City's Official Plan and identified as a Community Area/Arterial Corridor on the City's Urban Structure Map. The lands are zoned as Residential Nine Zone (R-9) in Zoning By-law 85-1. REPORT: Planning Comments: The applicant is requesting consent to create 3 easements: • Easement 1 for driveway access measuring 7.3 metres wide and being irregular in shape • Easement 2 for pedestrian access measuring 1.8 metres in width • Easement 3 for shared common area measuring 25.3 metres in width and 48.1 metres in length. The purpose of the easements is to facilitate joint functionality between the two adjacent multiple residential properties. Staff does not have any concerns with the application as the easement is providing needed access and amenity space among the two properties which have been planned to function as a consolidated development since the original site plan approval in 2009. Based on the foregoing, Planning staff recommends that Consent Application B2021-42, requesting consent to create 3 easements be approved, subject to the conditions listed in the Recommendation section of this report. .1ty rianning start conauctea a site inspection of the property on August 4, 2u21. 11 ■ mom: 00 View of Shared Access Between 220 Ira Needles Blvd and 1460 Highland Road West (August 4, 2021) Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. Parks and Cemeteries Comments: Parkland dedication is not required for this application as no new developable lot has been created and parkland dedication has been previously satisfied through 30T-02205. There are no City -owned street trees that will be impacted by the proposed easements. Engineering Comments: Engineering does not have any concerns with the proposed application. 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: None PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/21 KIT August 9, 2021 Dianna Saunderson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Application B2021-042 Committee of Adjustment Hearing August 17, 2021 CITY OF KITCHENER B2021-042 220A/220B Ira Needles Blvd Al Allendorf (Galena Towers Ltd) The owner/applicant is proposing to formalize access and shared use between the separate properties via three separate easements. The Region has no objection to the proposed application. Document Number: 3785897 General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. 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. Yours truly, Peter Ellis, MES Principal Planner Document Number: 3785897 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: August 17, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira Needles Boulevard 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 at 519-621-2763 ext. 2228 or aherreman(c-)-grandriver.ca. 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 Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River