HomeMy WebLinkAboutDSD-2022-075 - A 2022-016 - 1768 Ottawa St. South
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 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 5
DATE OF REPORT: January 28, 2022
REPORT NO.: DSD-2022-075
SUBJECT: Minor Variance Application A2022-016
1768 Ottawa Street South
Owner: Region of Waterloo
Applicant: Moira Davidson, Stantec
RECOMMENDATION:
That application A2022-016 requesting relief from:
a) Section 15.3 of Zoning By-law 85-1 to allow an interior side yard setback of 0.77 metres
whereas 7.5 metres is required; and
b) Section 15.3 of Zoning By-law 85-1 to allow a rear yard setback of 2.38 metres whereas
7.5 metres is required;
to facilitate the demolition of an existing wellhouse and construction of a new, upgraded
wellhouse, under review as part of Site Plan Application SP22/015/O/LT, be approved.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of two (2) minor variances to facilitate the
upgrade of an existing wellhouse. To upgrade the wellhouse to current standards a larger gross floor
area is required; the limited buildable area of the subject land means relief is needed to allow for a
side yard setback of 0.77 metres whereas 7.5 metres is required, and a rear yard setback of 2.38
metres whereas 7.5 metres is required.
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Figure 1: Locational Map
BACKGROUND:
The subject property is located on the north side of Ottawa Street South, within the Laurentian West
Planning Community. The northerly, westerly, and easterly boundaries are bordered by the
Everglade Stormwater Management Pond, while the southerly boundary of the property fronts onto
Ottawa Street South. Across Ottawa Street are two managed forested properties. The rest of the
surrounding area is characterized predominately by low-rise residential dwellings in the form of
single-detached houses and townhomes.
- Urban Structure and is
Management (OSR--law 2019-051.
At present, the subject property is developed with an existing wellhouse approximately 39.6 square
metres in size
City planning staff conducted a site inspection of the property on January 25, 2022.
Figure 2: West Side Elevation of Subject Property
Figure 3: East Side Elevation of Subject Property
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 Official Plan, the intent of the Open Space designation is to provide for a comprehensive and
connected open space system, acting as a buffer between land uses, and increasing recreation
opportunities while having regard for natural areas not designated as part of the Natural Heritage
System. Permitted uses in this designation including essential public works such as transportation,
utility, and watershed management. The proposed variances will facilitate the upgrade of a Regional
wellhouse; demolition and reconstruction is required in order to upgrade the wellhouse to current
standards. This is an appropriate use for the designation of the land. Planning staff are of the opinion
that the general intent of the Official Plan is met.
General Intent of the Zoning By-law
The general intent and purpose of the setbacks in the Open Space zones is to ensure that there is
adequate access in and around structures on the properties for the purpose of movement and
maintenance, as well as to ensure that there is adequate separation distance between buildings or other
uses. Sufficient access through the side yard can be provided on the alternative side as the setback is
1.6 metres. Further, adequate separation between the wellhouse and adjacent land uses is still
provided, as there remains approximately 11.2 metres of distance between the furthest external point
of the proposed wellhouse and the Everglade Stormwater Pond, and the Everglade Stormwater Pond
separates the wellhouse from the nearby residential uses. As such, planning staff are of the opinion
that the general intent and purpose of the Zoning By-law is met.
Is the Variance Minor?
The requested variances are minor in nature, as they are not expected to create unacceptably adverse
impacts on the subject property itself or on adjacent lands. The variances will facilitate the upgrade of
a wellhouse to current standards, and as such is required public works.
Is the Variance Appropriate?
The request variances are appropriate for the development and the use of the land. The proposed
upgraded wellhouse maintains the existing use of the subject land, which is a permitted use under
the current designation and zoning. There are no anticipated negative impacts to the adjacent
property or the surrounding neighbourhood.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
new well house 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 this application.
Engineering Comments:
Engineering has no comments or concerns associated with this application.
Environmental Planning Comments:
There are no environmental planning concerns associated with this application.
Region of Waterloo Comments:
There are no concerns associated 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
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:
Site Plan Application SP22/015/O/LT has been submitted for this property and is currently under
review
AND
Building Permit application 2021 136136 000 00 IB is currently under review.
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
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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