HomeMy WebLinkAboutDSD-2022-086 - A 2022-003 - 53 Margaret Ave
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Sheryl Rice Menezes, 519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 7, 2022
REPORT NO.: DSD-2022-086
SUBJECT: Minor Variance Application A2022-003
53 Margaret Avenue
Owner: 2515407 Ontario Ltd.
Agent: David Galbraith, IBI Group
RECOMMENDATION:
That application A2022-003 requesting relief from the following:
1) Relief from Section 39.2.4 of Zoning By-law 85-1 to recognize a minimum lot area of
432 square metres instead of the minimum required 495 square metres;
2) Relief from Section 39.2.4 of Zoning By-law 85-1 to recognize a minimum setback from
Maynard Street of 2.75 metres instead of the minimum required 4.5 metres;
3) Relief from Section 39.2.4 to recognize a minimum rear yard setback of 3.5 metres
instead of the minimum required 7.5 metres for any portion of the dwelling 2 storeys
in height;
4) Relief from Section 39.2.4 of Zoning Bylaw to permit a small third floor addition to have
a rear yard setback of 6.5 metres rather then the required 7.5 metres;
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5) Relief from Section 39.2.4 to permit the proposed 3 floor addition to have a minimum
rear yard setback of 6.5 metres instead of the minimum required 7.5 metres;
6) Relief from Section 6 of Zoning By-law 85-1 to permit 3 off-street parking spaces to be
located between the building façade and the side lot line abutting Maynard Street
whereas the By-law does not permit parking between façade and side lot line abutting
a street;
7) Relief from Section 6 of Zoning By-law 85-1 to permit the required off-street parking to
be located 0 metres from the side lot line abutting Margaret Avenue instead of the
required 3 metres; and,
8) Relief from Section 6 of Zoning By-law 85-1 to permit the 3 required off-street parking
spaces to have a depth of 4.3 metres instead of the required 5.5 metres;
to recognize an existing three (3)-unit multiple dwelling, in accordance with architectural,
elevation, floor and site plans prepared by Joe Somfay Architect and Ly Design, dated
February 2, 2022, be approved, subject to the following conditions:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
1) That in light of the treed nature of the property and the proximity of trees in shared
ownership, the owner shall prepare a Tree Preservation Plan for the lands in
Director of Planning and where necessary, implemented prior to any demolition, tree
removal, grading or the issuance of building permits. Such plans shall include, among
other matters, the identification of a proposed building envelope/work zone, building
elevation drawings, landscaped area and vegetation to be removed and/or preserved.
The owner further agrees to implement the approved plan. No changes to the said plan
2) To include the following condition as a condition of site plan approval: that prior to
the issuance of a Building Permit, low hedges are planted or fencing installed to
screen parking, to the satisfaction of Heritage Planning staff. and,
3) That the conditions noted above be completed by September 1, 2022. Any request for
a time extension must be approved in writing by the Manager of Development Review
(or designate) prior to completion date set out in this decision. Failure to complete the
condition will result in this approval becoming null and void.
BACKGROUND:
The property is identified as on Map 2 - Urban Structure in the 2014
Official Plan and is designated Civic Centre
Neighbourhood Secondary Plan in the 1994 Official Plan.
The property is zoned as R-5127U, in Zoning
By-law 85-1.
The subject building has been used as a 3-
all Zoning By-law regulations. The new owner wishes to legalize the use.
Location Map
This application was originally considered at the January 18, 2022, Committee of Adjustment
meeting. It was deferred to the February meeting in order that staff may have time to consult with
the applicant on concerns raised by an adjacentneighbour in regards to the proposed exterior stairs.
The applicant has submitted updated plans removing the exterior stairs in the rear yard and placing
the stairs inside the building. As well, the proposed third floor addition has been recessed in from
the existing rear yard façade. (see drawings below)
Updated site plan
Updated elevation of interior side yard
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 intent of the designation is to preserve existing houses and streetscapes wherever possible. The
designation permits a maximum of three units and encourages conversions within the existing building.
The property is able to provide the minimum of three parking spaces provided the variances as noted
in the report are approved. The lot area and setback variances are to acknowledge the location of the
st
existing building and permit a small addition at the rear above the 1 storey. Staff are of the opinion that
the requested variances meet the intent of the Official Plan is met.
General Intent of the Zoning By-law
The intent of the setback and parking regulations is to ensure that the building and its use can function
appropriately without negatively impacting abutting properties and that a fairly consistent streetscape is
maintained. The variances to recognize lot area, existing building setbacks and parking are to
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acknowledge what currently exists. There is also a small addition proposed on 3 floor in the north-west
corner of the lot. It has been recessed in from the rear yard building façade and will have a setback of
6.5 metres rather than the required 7.5 metres from the rear lot line. The applicant is proposing an
nd
outdoor amenity area for the third-floor tenant on top of the 2 storey. The proposed deck on top of the
second floor will have railings that meet the minimum 4 metres setback for a deck.
The intent of the regulations for the parking spaces is to ensure that parking does not dominate the
streetscape. The parking area for three cars (shown in photo #2) has existed for many years without
complaints received. Transportation Planning has no concerns.
Staff are of the opinion that the intent of the by-law is being met.
Is the Variance Minor?
As the variances for the existing building, small rear yard addition and existing parking maintain the
intent of preserving the streetscape and are to legalize a use that has existed for some time without
complaint, staff are of the opinion that the variances are minor.
Is the Variance Appropriate?
The variances are desirable and appropriate as they will legalize the use of the building for a three
(3) unit multiple dwelling. They are also desirable as they will allow renovations to occur that will
improve the quality of the living and amenity space and improve the internal functioning of the
building and bring it into compliance with Building and Fire Codes.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
change of use to a triplex is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Comments:
Given the existing nature of the parking area, Transportation Services does not have any concerns
with the proposed application.
Heritage Comments:
The subject property is located within the Civic Centre Neighbourhood Heritage Conservation District
(CCNHCD) and is designated under Part V of the Ontario Heritage Act. The CCNHCD Plan contains
policies and guidelines for building conversions and alterations within the district.
A Heritage Permit Application was submitted and reviewed for the previously proposed construction
of a small third storey addition and large exterior staircase, 3 storeys in height.
The new proposal, in accordance with the updated drawings dated, February 2, 2022, to renovate
the existing multiple dwelling is much less onerous and much more desirable in maintaining the
existing built form and look of the existing dwelling. It is also very much in keeping with the Civic
Centre Neighbourhood Heritage Conservation District Plan.
maintained, and it will not need to be reconsidered at Heritage Kitchener.
The proposed minor variances are in keeping with the works proposed through the Heritage Permit
Application, as amended. In keeping with the guidelines contained in sections 6.8.1 and 7.4.4 of the
CCNHCD Plan for building conversions and streetscape design within the private realm, low hedges
or fencing should be incorporated to screen the parking along Maynard Avenue.
Accordingly, Heritage Planning staff requests the following condition:
That as a condition of site plan approval, that prior to the issuance of a Building Permit, low hedges
are planted or fencing installed to screen parking, to the satisfaction of Heritage Planning staff.
Engineering Comments: No comments.
Environmental Planning Comments:
That in light of the treed nature of the property and the proximity of trees in shared ownership, the
owner shall prepare a Tree
Management Policy, to be approved by Planning and where necessary,
implemented prior to any demolition, tree removal, grading or the issuance of building permits. Such
plans shall include, among other matters, the identification of a proposed building envelope/work
zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved.
The owner further agrees to implement the approved plan. No changes to the said plan shall be
granted .
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:
This application was originally discussed at the January 18, 2022, Committee of Adjustment meeting.
Since that meeting, the proposal for renovations to the existing multiple dwelling have changed.
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: Rice Menezes, Sheryl, Planning Technician (Zoning)
519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: January 10, 2022
REPORT NO.: DSD-2022-046
SUBJECT: Minor Variance Application A2022-003
54 Margaret Avenue
Owner 2515407 Ontario Ltd
Agent David Galbraith / IBI Group
RECOMMENDATION:
That application A2022-003 to legalize an existing 3-unit multiple dwelling:
1) on a lot having an area of 432 sq.m. rather than the rather than the required 495 sq.m.;
2) a setback from Maynard Street of 2.75 m rather than required 4.5 m;
3) a rear yard setback of 3.5 m rather than the required 7.5 m;
4) having 3 off-street parking spaces located between the building façade and the side
lot line abutting Maynard Street whereas the By-law does not permit parking between
façade and side lot line abutting a street;
5) the required off-street parking to be located 0 m from the side lot line abutting Margaret
Avenue rather than the required 3 m; and,
6) the 3 off-street parking spaces to have a depth of 4.3 m rather than required 5.5 m,
be approved, subject to the following conditions:
1) That a Zoning Occupancy Certificate is submitted to the Planning division;
2) That a Stamp Plan B Site Plan is approved by the Planning division;
3) That the owner shall prepare a Tree Preservation Plan for the lands in accordance with
;
4) That the proposed decks and doors facing the interior side lot line near the rear of the
dwelling (on original application drawing) be removed and that only stairs/steps with
minimum landing size be constructed at the rear of the building and shall meet the
minimum setback regulation of 0.75 m. Updated plans to be reviewed and approved
by Planning and Heritage staff; and,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
5) That the conditions noted above be completed by September 1, 2022. Any request for
a time extension must be approved in writing by the Manager of Development Review
(or designate) prior to completion date set out in this decision. Failure to complete
the condition will result in this approval becoming null and void.
Location Map
BACKGROUND:
The property is designated as Low Rise Residential Preservation Civic Centre
Neighbourhood Secondary Plan and identified as Major Transit Station Area
Structure Map.
The property is zoned as R-5, 127U (Residential Five) in Zoning By-law 85-1.
The subject building has been used as a 3-
all Zoning By-law regulations. The new owner wishes to legalize the use.
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:
Photo #1 - view from corner of Margaret and Maynard Avenues
General Intent of the Official Plan
The intent of the designation is to preserve existing houses and streetscapes wherever possible. The
designation permits a maximum of three units. The property is able to provide the minimum of three
parking spaces provided variances as noted in the report are approved. In order to comply with the
Ontario Building Code, proposed exterior stairs are required and are located away from the façade
which meets the intent. The lot area and setback variances are to acknowledge an existing building
and a small addition on the third floor at the rear of the building for a 3.5 m by 3.5 m vestibule from the
proposed stairs. It is noted that Heritage Planning staff have no concerns and the application has been
reviewed for a Heritage permit but has not yet been issued. The District Plan notes that new entrances
shall be located to the side and rear of the dwelling. Staff are of the opinion that the intent of the Official
Plan is met.
General Intent of the Zoning By-law
The intent of the regulations for setback is to ensure that the existing building and streetscape is
maintained. The lot area and existing building setbacks acknowledge what currently exists. There is
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also a 3.5 m x 3.5 m vestibule addition proposed on 3 floor in the north-west corner of the lot. This is
for access to the top floor unit from the proposed stairs. It is the exact footprint of what exists on the
second floor and there are no Heritage Planning concerns.
The intent of the regulations for the parking spaces is to ensure that parking does not dominate the
streetscape. The parking area for three cars (shown in photo #2) has existed for many years without
complaints received. Transportation Planning has no concerns.
Staff are of the opinion that the intent of the by-law is being met.
Photo # 2 - view from Maynard Ave of driveway
Is the Variance Minor?
As the variances for the existing building, small rear yard addition and parking maintain the intent of
preserving the streetscape and are to legalize a use that has existed for some time without complaint,
staff are of the opinion that the application is minor.
Is the Variance Appropriate?
As noted above, the variances may be considered minor and have been reviewed by Heritage
Planning. However, in order to confirm the parking spaces and to ensure that the parking area meets
the intent of Heritage Planning condition for low hedges to be planted (or fencing installed) to screen
parking, Site Plan approval will be required to the satisfaction of Planning and Heritage Planning
staff.
Photo #3 - view from Margaret Ave of interior side yard
Building Comments: The Building Division has no objections to the proposed variance provided
building permit for the change of use to a triplex is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Transportation Comments: Given the existing nature of the parking area, Transportation Services
does not have any concerns with the proposed application.
Heritage Comments: The subject property is located within the Civic Centre Neighbourhood
Heritage Conservation District (CCNHCD) and designated under Part V of the Ontario Heritage Act.
The CCNHCD Plan contains policies and guidelines for building conversions and alterations within
the district.
A Heritage Permit Application has been submitted and reviewed for the construction of a small third
storey addition and exterior staircase. The proposed minor variances are in keeping with the works
proposed through the Heritage Permit Application process. In keeping with the guidelines contained
in sections 6.8.1 and 7.4.4 of the CCNHCD Plan for building conversions and streetscape design
within the private realm, low hedges or fencing should be incorporated to screen the parking along
Maynard Avenue.
Heritage Planning staff requests the following condition:
That prior to the issuance of a Building Permit, low hedges are planted or fencing installed to screen
parking, to the satisfaction of Heritage Planning staff.
Engineering Comments: No comments.
Environmental Planning Comments: That in light of the treed nature of the property and the
proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the
of Planning and where necessary, implemented prior to any demolition, tree removal, grading or the
issuance of building permits. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation
to be removed and/or preserved. The owner further agrees to implement the approved plan. No
changes to the said plan shall be granted
Planning.
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.
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
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
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 jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
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.