HomeMy WebLinkAboutDSD-2022-049 - A 2022-009 - 764 Stirling Avenue South
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
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 8
DATE OF REPORT: January 7, 2022
REPORT NO.: DSD-2022-049
SUBJECT: Minor Variance Application A2022-009
764 Stirling Avenue South
Owner & Applicant: Tajram
RECOMMENDATION:
That application A2022-009, for 764 Stirling Avenue South, requesting relief from:
a) Section 40.2.6 of Zoning By-law 85-1 to permit a front yard setback of 6.02 metres
whereas 10.0 metres is required; and
b) Section 6.1.2 a) to permit a parking rate of 1.4 spaces per dwelling unit, whereas a rate
of 1.5 spaces per unit is required (or 14 spaces whereas 15 spaces is required);
to facilitate the conversion of an existing duplex into a triplex, be approved subject to the
following conditions:
1. That the Owner receive approval of Site Plan Application SP21/078/S/LT;
2. That the Owner applies for a Zoning (Occupancy) Certificate from the Planning
division;
3. That the Owner applies for a building permit prior to construction, to the satisfaction
4. That the Owner pays in full to the Grand River Conservation Authority the required
GRCA review fee; and
5. That conditions 1-4 be completed by January 18, 2023. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate) prior to the completion date set out in this decision. Failure to complete the
conditions will result in this approval becoming null and void.
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Figure 1: Location Map
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a minor variance application to
facilitate the conversion of an existing duplex into a triplex. The applicant is requesting relief to allow
for a 6.02 metre front yard setback whereas 10.0 metres is required, with 10.0 metres being the
for a reduced parking rate of 1.4 spaces per unit, or 14 spaces, whereas 1.5 spaces per unit, or 15
spaces, is required.
BACKGROUND:
The subject property is located on the west side of Stirling Avenue South, within the Meinzinger
Park-Lakeside Planning Community. The property is also within the Residential Intensification in
Established Neighborhoods Study (RIENS) Area (Appendix H in Zoning By-law 85-1). The
surrounding area is characterized by a mix of uses. Predominately the surrounding are contains a
range of low-density housing forms, including single-detached dwellings and low-rise multiple
dwellings. There are also natural heritage conservation lands, open spaces, and institutional uses.
At present, the property is developed with a two-storey duplex in the front yard, a three-storey, 7-
unit multiple dwelling in the rear yard, and a surface parking lot situated between the two buildings.
The rear portion of the subject land contains a slop erosion area and is regulated by the Grand River
Conservation Authority under Ontario Regulation 150/06.
The property is designated as Low-Rise Residential and identified as a
Community Area Map. The property is zoned as a Residential Six Zone
(R-6) in Zoning By-law 85-1; at present it is not subject to Zoning By-law 2019-051.
The applicant is proposing to convert the existing two-storey duplex into a triplex by adding a third
unit to the basement. To facilitate this change, relief is required to permit a reduced front yard setback
from the required 10.0 metre setback to the proposed 6.02 metre setback. As the subject property
is within a RIENS Area, the front yard setback is the average of the two adjacent properties front
yard setbacks, minus one. Relief is also required to permit a reduced parking rate, from 1.5 spaces
per unit (or 15 spaces) required to 1.4 spaces per unit (or 14 spaces).
City Planning Staff conducted a site visit to the property on January 4, 2022.
Figure 2: Front Elevation of Existing Triplex (Middle) and Adjacent Buildings
Figure 3: Existing Surface Parking Lot
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
-Rise Residential land use designation is to permit a
variety of low-density residential uses. This may include housing in the form of low-rise multiple
dwellings, with low-rise being defined by Urban Design Guidelines as three storeys or fewer when not
along arterial roads. The proposed conversion of the existing duplex into a triplex, which would be
facilitated by this minor variance, is a permitted housing form in this designation. Also within the Low-
Rise Residential 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.
External changes are not being proposed to the existing dwellings on the property external site work
primarily concerns updates and improvements to the existing surface parking lot. As such, the character
of the site and surrounding area is maintained.
Concerning parking, the general intent of the Official Plan is to ensure that adequate off-street parking
is provided. Minimum parking standards are set to maximize the efficient use of the land while promoting
active transportation and the use of public transit. The subject property is within 80 metres of a Grand
River Transit bus stop (GRT Route 2) as well as closely located to a trail system which connects through
Concordia Park, Lakeside Park, and Meinzinger Park, which promotes pedestrian forms of
transportation. Moreover, Transportation has advised that it has no concerns with the requested parking
relief. As such, planning staff is of the opinion that the proposed reduction in parking requirements is
sufficient to meet residents needs while still providing visitor parking spaces and a barrier-free parking
space.
General Intent of the Zoning By-law
It should be noted that this property is within an area that is subject to Appendix H: Residential
Intensification in Established Neighbourhoods Study (RIENS) Area of By-law 85-1. Properties in this
area are subject to minimum front yard requirements that are based upon the average of the front yards
of the abutting lots, minus 1.0 metre, rather than on a set distance. In this case, the required minimum
front yard setback is calculated to be 10.0 metres. The general intent of front yard setback regulations
is to establish regulatory in building placement, to create a consistent and aesthetically appealing
streetscape and provide for orderly development. The proposed reduction in required front yard setback
will legalize an existing condition. The variance is also small enough that is not visually obvious when
examining the streetscape. The visual difference is further minimized by the existing landscaping on the
subject property and adjacent lands as well as the angled placement of abutting buildings.
Concerning the second variance, the general intent of parking rates set out by the Zoning By-law is to
ensure that parking demand is met through the provision of adequate on-site parking, to avoid spill over
into the neighbourhood streets. The property is located within walking distance of a GRT route as well
as a trail system through several local parks. In addition, the proposed parking reduction is in keeping
omprehensive Zoning By-law, which sets the parking rate for a
multiple building with 10 units as 1.0 parking spaces per unit, and which will be applied to all residential
properties in the City in the near future.
Due to the above, staff is satisfied that the decreased front yard setback and modest parking reduction
maintains the general intent of the Zoning By-law.
Is the Variance Minor?
The requested decrease in front yard setback and parking rate can be considered minor. The reduction
in front yard setback will not negative impact the character of the subject property or surrounding area,
as it is legalizing an existing condition. There are no anticipated negative impacts to the surrounding
street system as well, as the proposed rate is 0.1 space less than what is required and there are near-
by transit options and trail routes. As such, Staff is of the opinion that the requested variance are minor
in nature.
Is the Variance Appropriate?
The requested variance would facilitate the conversion of a duplex into a triplex, thereby yielding a
total of 10 dwelling units on the property. This is an appropriate use and scale of use for the subject
lot and area and would assist the City in providing additional housing supply. The proposed reduced
front yard setback is legalizing an existing condition and the reduction of one parking space will have
a negligible impact on adjacent properties or the surrounding area. As such, Planning staff is of the
opinion that the requested variance is appropriate.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to for
the change of use to a triplex is currently under review
Transportation Comments:
Transportation Services does not have any concerns with the proposed application, but strongly
recommends that the applicant provide some secured bicycle parking for residents to utilize.
Heritage Comments:
There are no heritage concerns associated with this application.
Engineering Comments:
Engineering has no comments.
Environmental Planning Comments:
Provided there are no site development work proposed which may impact a tree, there are no natural
heritage or tree management concerns associated with this application.
Region of Waterloo Comments:
The Region of Waterloo has no concerns with the application.
Grand River Conservation Authority
The Grand River Conservation Authority (GRCA) has no objection to the above-noted minor variance
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
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
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
A Site Plan application SP21/078/S/LT has been filed for this property and is under review.
AND
Building Permit application 2021 122968 is currently under review
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
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2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street 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 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:
Sarah Goldrup
CofA@Kitchener.ca
2
PLAN REVIEW REPORT: City of Kitchener
Sarah Goldrup, Committee Administrator
DATE:January 6,2022 YOUR FILE:A2022-009
GRCA FILE:A2022-009 – 764 Stirling Avenue South
RE: Application for Minor Variance A 2022-009
764 Stirling Avenue South, City of Kitchener
Radica Bissoondial and Tejram Basdeo
GRCA COMMENT*:
The Grand River Conservation Authority(GRCA) has no objection to the above-noted
minor variance application.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject property
contains slope erosion hazard and the associated regulated allowance.
2. Legislative/Policy Requirements and Implications:
Due to the presence of erosion hazard, a portion of the subject property is regulated
by the GRCA under Ontario Regulation 150/06 – Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future
development within the regulated area on the subject property will require the prior
issuance of a permit pursuant to Ontario Regulation 150/06. The permit process
involves the submission of a permit application to this office, the review of the
application by Authority staff and the subsequent approval/refusal of the permit
application by the GRCA.
The minor variance application proposes to permit a parking rate of 1.4 spaces per
dwelling unit where 1.5 spaces per unit is required. The parking lot is located outside
of the GRCA regulated area and the application does not propose any changes to
the existing buildings or structures. As such, GRCA staff do not anticipate any
negative impacts related to the slope as a result of this application and the GRCA
has no objection to this minor variance application.
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3. Plan Review Fees:
This application is considered a ‘minor’ minor variance. Inaccordance with the
GRCA’s 2022Plan Review Fee Schedule, the applicable fee is $290.00. The
applicant will be invoiced in the amount of $290.00 under separate cover.
Should you have any questions or require further information, please contact Jessica
Conroy, Planning Technician, at jconroy@grandriver.caor 519-621-2763 ext. 2230.
Sincerely,
Melissa Larion, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
ML/jc
Encl.
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
cc:Radica Bissoondial and Tejram Basdeo (via email)
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Grand River
Conservation Authority
Date: Dec 29, 2021
Author: JC
A2022-009
764 Stirling Avenue South, Kitchener
Legend
Regulation Limit (GRCA)
Regulated Watercourse (GRCA)
Regulated Waterbody (GRCA)
Wetland (GRCA)
Floodplain (GRCA)
Engineered
Estimated
Approximate
Special Policy Area
Slope Valley (GRCA)
Steep
Oversteep
Steep
Slope Erosion (GRCA)
Oversteep
Toe
Lake Erie Flood (GRCA)
Lake Erie Shoreline Reach (GRCA)
Lake Erie Dynamic Beach (GRCA)
Lake Erie Erosion (GRCA)
Parcel - Assessment (MPAC/MNRF)
This legend is static and may not fully reflect the
layers shown on the map. The text of Ontario
Regulation 150/06 supercedes the mapping as
represented by these layers.
Copyright Grand River Conservation Authority, 2021.
Disclaimer: This map is for illustrative purposes only. Information
contained herein is not a substitute for professional review or a site
survey and is subject to change without notice. The Grand River
Conservation Authority takes no responsibility for, nor guarantees,
the accuracy of the information contained on this map. Any
interpretations or conclusions drawn from this map are the sole
responsibility of the user.
The source for each data layer is shown in parentheses in the map
legend. For a complete listing of sources and citations go to:
https://maps.grandriver.ca/Sources-and-Citations.pdf
05102030
GRCA
Metres
Map Centre (UTM NAD83 z17): 540,723.34 4,808,548.10
NAD 1983 UTM Zone 17NScale: 1,039
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