HomeMy WebLinkAboutDSD-2022-071 - A 2022-013 - 41 Moore Ave
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: 10
DATE OF REPORT: February 7, 2022
REPORT NO.: DSD-2022-071
SUBJECT: A2022-013 41 Moore Avenue
RECOMMENDATION:
That Minor Variance Application A2022-013, requesting to relief from section 39.2.1 to permit
a lot width of 4.5 metres whereas the zoning by-law requires a minimum width of 9.0 metres;
from s.39.2.1 to permit a maximum front yard setback of 39.5 metres whereas the zoning by-
law permits a maximum of 4.6 metres; from s. 5.5.2.e to permit an accessory structure to be
located closer to a front lot line than the front face of the principle budling on the property;
and from s. 6.1.1.1.b.ii.g to permit a driveway having a maximum width of 9.5 metres whereas
the zoning by-law permits a maximum width of 5.2 metres, to facilitate the construction of a
new single detached dwelling, be approved subject to the following conditions:
1. That prior to issuance of a building permit for a dwelling and detached garage, the
owner shall receive approval of a site plan drawing and elevation drawings from the
, which shall be generally in accordance with the plans and
elevations submitted in support of Minor Variance Application A2022-013.
Additionally, the owner
and the above mentioned drawings shall be implemented through the building permit
Official. This minor variance approval shall apply only to the dwelling constructed
and maintained in general accordance with said plans, to the satisfaction of the
Director of Planning.
2. Prior to the commencement of grading or issuance of a building permit on the subject
property, the owner shall:
a. prepare a Tree Preservation and Enhancement Plan/Arborist Report for the
approved by the and Director of Parks and Cemeteries
(for street trees) and where necessary, implemented prior to any grading,
servicing, tree removal or the issuance of building permits. The report shall
address, among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation to be preserved.
b. implement the approved Tree Preservation and Enhancement Plan/Arborist
Report, including the recommendations and tree protection measures outlined
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
in the report for the duration of construction. No changes to the said report
Urban Designer.
c. maintain the subject property, in accordance with the approved Tree
Preservation and Enhancement Plan/Arborist Report, for the life the
development.
3. Prior to issuance of a building permit for a building on the subject property, the owner
shall install municipal address signage in an appropriate location on the subject
property that is visible from Moore Avenue, to the satisfaction of the
Official.
4. Prior to issuance of a building permit for a building on the subject property, the owner
shall provide a letter of confirmation from Bell and Rogers, that the Rogers Cable
Systems Easement and Bell Canada Easement has been released and that any
services have been relocated to their satisfaction.
REPORT HIGHLIGHTS:
The purpose of this report is to make recommendations with respect to the proposed minor
variances.
There are no financial implications to the City.
This report supports the delivery of core services
BACKGROUND:
The subject property is located on the west side of Moore Avenue, between Louisa Street and
Wellington Street. The property is comprised partly of a former public laneway, which used to run
between King Street and Moore Avenue and is surrounded by the rear yards of those properties
fronting onto Louisa and Wellington Streets. The subject property was formerly used for
warehousing, and is currently vacant. Retaining walls outline large sections of property boundaries
and the site is at a lower elevation than properties to the west and north. The property is 1,255
square metres in area and has 4.57m of frontage on Moore Avenue (the width of the former
laneway). A right-of-way for access to the two abutting properties on Moore Street, addressed as
37 and 43 Moore Street, remains in effect.
A previous owner of the site submitted an application for minor variances for a similar proposal
through application A2019-108. The Committee of Adjustment approved variances for a reduced lot
width and increased maximum front yard setback to permit construction of a single detached dwelling
on the lands. The variances were tied to the development plans submitted in the support of the
application. The site has since been sold and the new owners also wish to construct a single
detached dwelling on the subject lands, but with a plan that deviates from the original approval and
as such new variances are required.
REPORT:
Image 1: Location Map (41 Moore Ave)
Planning Comments:
The owner is seeking four minor variances in support of the proposed 2 storey single detached
dwelling, and is considered under By-law 85-1:
1. To permit a lot width of 4.57 metres rather than 9.0 metres
2. To require a maximum front yard setback of 39.5 metres rather than 4.67 metres
3. To permit an accessory structure (detached garage) to be located closer to a front lot line
than the front face of the principle building on the property.
4. To permit a driveway having a maximum width of 8.53 metres rather than 5.2 metres.
The former laneway is encumbered by an access easement providing access to parking located in
the rear yards of 37 and 43 Moore Ave. The driveway actually reaches a maximum width of 9.5
metres which includes the proposed parking pad, the driveway and access to parking behind 37
Moore Ave (see Image 2). Therefore staff recommend that the requested variance be amended so
that relief is requested from s. 6.1.1.1.b.ii.g to permit a driveway having a maximum width of 9.5
metres whereas the zoning by-law permits a maximum width of 5.2 metres. The revised wording is
reflected in the recommendation in the preceding section.
The property is designated Low Rise Conservation in the K-W Hospital Secondary Plan and is
zoned Residential Five Zone (R-5), with Special Use Provision 129U (prevents triplexes) in Zoning
By-law 85-1. Single detached dwelling is a permitted use. Planning staff visited the site on January
25, 2022.
Image 2 41 Moore, width of driveway with access to parking behind 37 Moore Ave.
Image 3 proposed Single Detached Dwelling
Image 4 Proposed Site Plan
Photo 1 41 Moore from Moore Avenue
Photo 2 41 Moore (developable area from front of lot towards rear)
Photo 3 41 Moore (developable from rear of lot looking toward Moore Ave)
General Intent of Official Plan
The subject lands are designated Low Rise Conservation in the K-W Hospital Secondary Plan.
Policiespermit single detached dwellings, encourage preservation of the existing low-rise, low-
density character of the neighbourhood and supports creating new housing through redevelopment
at a scale and intensity no greater than the existing housing stock. The proposed single detached
dwelling is permitted and is proposed to be constructed on lands which was historically used for light
industrial purposes and is currently vacant. The existing housing surrounding the subject lot consists
of a mix of single detached dwellings, duplexes and houses converted to multiples.
Official Plan policies require that the overall impact of the requested variances are reviewed to
ensure that the new buildings are compatible with existing built form and community character, that
changes to front yard setbacks support and maintain the character of the streetscape, that new
buildings are sensitive to exterior areas of adjacent properties and screening and/or buffering is
provided to mitigate adverse impacts particularly with respect to privacy, that appropriate parking
and landscaping are provided. Staff note that variances are not required for the proposed side yard
setbacks or building height - these comply with the by-law regulations. Staff acknowledge that the
side yard of the subject lot abuts the rear yard of neighbouring properties. While this is a large lot
that abuts many rear yards, it is not unusual for dwellings to be orientated with an interior side yard
adjacent to a rear yard and this is not considered an adverse condition. The proposed house has
been designed with limited window openings overlooking the rear yards of adjacent houses helping
maintain privacy of adjacent rear yard amenity areas. Further the overall building height complies
with the maximum building height, and roof lines have been designed to slope down to the side yards
providing a lower wall along the side lot lines (see proposed elevation in Image 3).
The proposed variances support the development of the lot with a single detached dwelling,
facilitates appropriate parking and access, is compatible with surrounding low-rise residential uses
and does not impact the character of the streetscape. Staff is of the opinion that the intent of the
Official Plan is maintained.
Variance 1 - To permit a lot width of 4.57 metres rather than 9.0 metres.
General Intent of the Zoning By-law:
The intent of the minimum lot width regulation is to ensure a lot is appropriately sized for a dwelling,
parking, landscaping and setbacks. The subject lot is existing and is irregularly shaped with 4.57
metre wide former laneway (now merged) providing frontage on Moore Ave. Beyond the laneway,
the property opens up to a lot having a width in excess of 20 metres. Therefore, while the technical
lot width is 4.57 metres, there is sufficient space on the lot to accommodate a dwelling, parking,
landscaping, etc. Staff is of the opinion that the general intent of the by-law is maintained.
Is the Variance Minor:
Staff is of the opinion that the variance is minor. The subject variance legalizes the existing lot width
for a permitted use. The width accommodates the proposed driveway which will serve the subject
lot, as well as providing access to the rear yard parking of 37 and 43 Moore Ave.
Is the Variance Appropriate:
Staff is of the opinion that the variance is appropriate. The reduction legalizes the existing lot width
allowing the site to be developed.
Variance 2 - To require a maximum front yard setback of 39.5 metres rather than 4.67metres
General Intent of the Zoning By-law:
The -law 85-1, therefore in accordance with Section
39.2.1 the required front yard setback (i.e. 4.6 metres) is calculated by averaging the front yards of
the abutting lots (i.e., 37 Moore Avenue and 43 Moore Avenue) and adding 1.0 metre. The intent of
this regulation is to provide for consistent building setbacks along the street in order to help maintain
the character of the streetscape. In this case, due to the irregular shape of the lot and narrow lot
width, it is not possible to locate a buildingnear the street. The proposed setback of 39.5 metres will
allow a building to be constructed well away from the street, where there will be no visual impact to
the streetscape. The street will continue to have the appearance of a driveway/laneway leading
towards the centre of the block. The proposed single detached dwelling will not have a presence on
the street and the streetscape character will not be impacted. Staff is of the opinion that the general
intent of the by-law is maintained.
Is the Variance Minor?
Staff is of the opinion that the variance is minor. While the proposed setback results in a building
located away from the street, the increased setback does not impact the streetscape. The size of
the lot beyond the narrow driveway exceeds a standard lot size and the dwelling has been sited with
a functional parking arrangement and minimum setbacks to side and rear lot lines are met or
exceeded.
Is the Variance Appropriate?
Staff is of the opinion that the variance is appropriate. Given the existing lot configuration, it is not
possible for a dwelling to be constructed with a setback consistent with neighbouring properties. As
such, the subject dwelling is setback so that the site layout is functional for the permitted use.
Furthermore, a right-of-way is registered over the former laneway, allowing neighbours at 37 and 43
Moore Ave access to rear yard parking. It is appropriate and required that the former laneway
continue to be used as a driveway access for the benefit of those benefitting properties.
Variance 3 To permit an accessory structure (detached garage) to be located closer to a
front lot line than the front face of the principal building on the property.
General Intent of the Zoning By-law:
By-law regulations require that detached accessory structures, such as a detached garage, are
located behind the front face of the principal building. The intent of this regulation is to ensure that
the principal building provides the primary street line façade, thereby maintaining a more consistent
streetscape rather than permitting an inconsistent array of accessory structures in front yards. The
proposed detached two car garage while located in front of the dwelling, is not visible from the street
due to the unique lot orientation, and would not have an impact on the streetscape. Staff is of the
opinion that the general intent of the by-law is maintained.
Is the Variance Minor?
Staff is of the opinion that the variance is minor. The proposed detached garage is located in such
a way that it does not impact the streetscape as it is not visible from the street.
Is the Variance Appropriate?
Staff is of the opinion that the variance is appropriate. The proposed garage, while proposed to be
located between the principal building and street is not visible from the street, and is located next to
parking and detached garages of adjacent properties. The orientation of the garage will allow
vehicles to turn around on the site, eliminating the need for residents to drive backwards down the
shared driveway.
Variance 4 To permit a driveway having a maximum width of 9.5 metres rather than 5.2
metres.
General Intent of the Zoning By-law:
The by-law permits a maximum driveway width of 5.2 metres for a lot having a width less than 10.4
metres, and the lesser of 8 metres or 50% of the lot width for lots having a width greater than 10.4
metres. The intent of the maximum driveway width regulation is to avoid having a streetscape
dominated by driveways and parked cars allowing space for landscaping and tree plantings in front
yards and boulevards.
The subject driveway is proposed to have a width of only 3.0 metres at the street which will not have
a detrimental impact on the streetscape. While the subject lot is technically 4.57 metres wide at the
street, it widens out to greater than 20 m wide. The proposed maximum width of 9.5 metres is located
mid-site, where the property begins to widen and accommodates the driveway, a parking pad and
access to the parking located behind 37 Moore Ave. Beyond this, the driveway is proposed to be 6.0
metres wide to accommodate vehicular movements in and out of the detached garage. The parking
pad is not visible from the street, and will not result in excessive parking along the streetscape. Staff
is of the opinion that the general intent of the by-law is maintained.
Is the Variance Minor
Staff is of the opinion that the variance is minor. The proposed driveway width of 9.5 metres is limited
to a short section, which is well removed from the street, limiting any visual impact. The proposed width
provides for the access rights for properties benefitting from the existing right-of-way, allows additional
onsite parking for residents and permits vehicles to turn around on-site, preventing drivers from needing
to back out on to the street. The wider section adjacent to the garage will allow vehicles access to the
detached garage, and to turn-around on-site so that they do not need to drive in reverse when exiting
the site.
Is the Variance Appropriate
The proposed garage orientation, with the door facing to the centre of the property (together with the
request for an increased driveway width) will allow the vehicles to turn around on-site, eliminating
the need to reverse in or out of the property along the long narrow driveway, improving safety.
Furthermore, the proposed parking pad provides for additional on-site parking for visitors in an
appropriate location, and not potentially blocking the right-of-way portion of the driveway. The
parking pad and driveway turn-around do not have a visual impact on the streetscape and improve
the function of the lot. Staff is of the opinion the variance is appropriate for the development and use
of the lands.
Staff recommend that the requested variance be approved, subject to the maximum driveway width
of 9.5 metres only being permitted for a driveway layout consistent with the plan provided as part of
Planning Conditions:
Planning staff note that there are existing Bell and Rogers easements depicted on the survey plan
submitted in support of the application, and above ground Bell services encumbering the site. Prior
to development of the property, these easements must be released, and any services relocated. A
condition is recommended to be included in this regard.
Staff also recommend that as the requested variances are specific to the conceptual site plan and
elevations submitted in support of the application, that the subject variances should only apply to a
dwelling constructed in general accordance with the submitted plans. Staff recommend that a
condition be included requiring that the owner submit and receive approval of a site plan drawing
and elevation drawings for the proposed dwelling, and that the plans be implemented through the
building permit process.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the single
detached house and detached garage is obtained prior to construction. Record of Site will be required
to develop this site with a residential use. Please contact the Building Division @ building@kitchener.ca
with any questions.
Parks & Cemeteries:
There are three existing trees on City property identified in the Arborist report; two inventoried street
trees on Moore Ave #1 and #2 (ID#133245 and ID#159036) and a large Juglans/Walnut tree #12 in
the public right-of-way to the east of the subject property that is not inventoried but is located on City
lands. All trees should be protected to City standards for the duration of construction. A revised
satisfaction is required showing adequate tree protection generally as illustrated in the image below.
Please see Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement for
required fencing and signage details.
Transportation Services Comments:
As noted on the plan, there is an existing 3 metre wide driveway which intersects with the municipal
right-of-way to form the existing access point. Therefore, Transportation Services have no concerns
with the proposed 8.5 metre wide driveway internal to the site.
Engineering Comments:
No Engineering concerns.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
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. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL)
conservation process. The applicant is advised that the property municipally addressed as 41 Moore
Avenue is located within the Mt Hope/Breithaupt 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 Planning Comments:
Staff acknowledge that an Arborist Report was submitted together with the Minor Variance
application. This report will be reviewed and approved as a condition of approval. The standard tree
management condition to complete and implement a Tree Preservation / Enhancement Plan or
Arborist Report prior to grading or the issuance of any building permit should be included.
Fire Comments:
Preparation of a fire route plan is not required for a single detached dwelling. However, should the
dwelling be converted to a duplex or other multi-unit dwelling in the future, a fire route plan will be
required. The owner is required to install municipal address signage in an appropriate location on
the subject property that is visi
Official.
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 sign 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:
There are no previous reports/authorities related to this matter.
Planning Act
January 27, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 49 Lower Mercer Street No Concerns.
2) A 2022 - 011 43 Maurice Street No Concerns.
3) A 2022 - 012 158 Forest Creek Drive No Concerns.
4) A 2022 - 013 41 Moore Avenue No Concerns.
5) A 2022 - 014 21-39 Benninger Drive No Concerns.
6) A 2022 - 015 25 Brock Street No Concerns.
7) A 2022 - 016 1768 Ottawa Street South No Concerns.
8) A 2022 - 017 86 Cedar Street South No Concerns.
9) A 2022 - 018 81 Shanley Street (Severed) No Concerns.
10) A 2022 - 019 81 Shanley Street (Retained) No Concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЌАЎЎВ
tğŭĻ Њ ƚŅ Ћ
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:
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – February 15, 2022
Applications for Minor Variance
A 2022-003 53 Margaret Avenue
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-011 43 Maurice Street
A 2022-012 158 Forest Creek Drive
A 2022-013 41 Moore Avenue
A 2022-014 21-39 Benninger Drive
A 2022-015 25 Brock Street
A 2022-016 1768 Ottawa Street South
A 2022-017 86 Cedar Street South
A 2022-018 81 Shanley Street (Severed)
A 2022-019 81 Shanley Street (Retained)
Applications for Consent
B 2022-007 654 Rockway Drive
B 2022-008 442 Old Chicopee Trail
B 2022-009 114 Doon Valley Drive
B 2022-010 113 Walter Street
B 2022-011 44 Wilhelm Street
B 2022-012 20 Breithaupt Street (Severed)
B 2022-013 20 Breithaupt Street (Retained)
B 2022-014 81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications for
minor variance and consent.
GRCA has no objection to the approval of the applications listedabove. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority