HomeMy WebLinkAboutDSD-2022-324 - A 2022-074 - 240 Chapel StreetStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 19, 2022
SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD -2022-324
SUBJECT: Minor Variance Application A 2022-074 - 240 Chapel Street
Owner: Michael Addai-
Dwomoh Applicant: Saba Al
Mathno
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-074 for 240 Chapel Street, requesting relief
from Section 5.22 i) i) of Zoning By-law 85-1, to permit the principal dwelling to have a
right side yard setback of 0.42 metres instead of the minimum required 1.2 metres to
facilitate the construction and development of an Additional Dwelling Unit (ADU)
(Detached), generally in accordance with drawings prepared by QBS Architects, dated
May 12, 2022 (attached to Report DSD -2022-324), in accordance with the Site Plan
Application SP22/100/C/TZ, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is this report is to review a minor variance application to facilitate the
development an Additional Dwelling Unit (ADU) (Detached) on the subject property.
• The key finding of this report is that the requested minor variance meets the 4 tests of the
Planning Act.
• There are no financial implications.
• Community engagement included circulation of the application via mail and notification by way
of the Record and signage placed on the property.
• This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 74 of 276
Location Map of 240 Chapel Street (subject property).
BACKGROUND:
The subject property is located on the north side of Chapel Street, close to the intersection of Chapel
Street and Melrose Avenue, and Chapel Street and Dumfries Avenue. The subject property contains
a two-storey building proposed to be a duplex dwelling under Zoning By-law 85-1. A building permit
was issued in June of 2002 for interior alterations to covert the triplex dwelling to a duplex dwelling.
The property also contains an attached garage, and deck area in the rear yard. The area is
predominantly a low-rise low-density residential neighbourhood.
The subject property is designated `Low Rise Conservation A' on Map 20 — Central Frederick
Neighbourhood Secondary Plan in the City's 1994 Official Plan.
The property is zoned `Residential Five Zone (R-5)' with Special Use Provision 129U in Zoning By-
law 85-1.
The purpose of the subject minor variance application is to facilitate the development and
construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard. Specifically, the
variance is as follows:
- Permit a reduced side yard setback of 0.42 metres for the principal dwelling instead of the
minimum required 1.2 metres.
Planning staff note that the development of the ADU requires site plan approval and that a site plan
application has already been submitted and is currently under review. Through the review and
approval of the site plan application, Planning staff will ensure that the proposed ADU and the subject
property as a whole will meet zoning requirements and that the proposal is accurately reflected on
the approved site plan.
Planning staff conducted a site inspection on June 24, 2022.
Page 75 of 276
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Site Plan showing existing principal building and attached garage, along with the proposed
ADU.
Page 78 of 276
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Site Plan showing existing principal building and attached garage, along with the proposed
ADU.
Page 78 of 276
REPORT:
Planning Comments:
In considering the four tests for the 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 City's Official Plan supports the development of additional dwelling unit(s), attached and
detached, on residential lots, where desirable and appropriate unless otherwise limited by the
policies of this Plan, and in accordance with the City's Zoning By-law, in order to provide other
housing options to Kitchener homeowners and residents. The City also encourages residential
intensification and/or redevelopment, including adaptive re -use and infill opportunities, including
additional dwelling units, attached and detached, in order to respond to changing housing needs and
as a cost-effective means to reduce infrastructure and servicing costs by minimizing land
consumption and making better use of existing community infrastructure. The proposed ADU will not
change the existing massing, height, or other design characteristics of the property, because it will be
established within the rear yard. Therefore, it is the opinion of staff that the requested variance meets
the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent and purpose of the Zoning By-law requiring a 1.2 metre side yard setback, for the
principal dwelling, is to ensure an appropriate access to the rear yard, particularly to the ADU and to
provide adequate space for the owner to maintain their property and dwelling. The rear yard is
accessible from the other side yard. This side yard is 1.3 metres in width and is proposed to provide the
required 1.1 -metre -wide unobstructed walkway to the ADU. This entrance is wide enough to permit the
movement of both people and the maintenance equipment such as wheelbarrows or lawn mowers. It
should be noted that the principal building and existing side yard setback has existed since the building
was constructed in approximately 1957.
Is/Are the Effects of the Variance(s) Minor?
The requested variance can be considered minor since it is not anticipated to cause any
unacceptably adverse impacts on adjacent properties. The deficient side yard of the principal
dwelling is an existing condition. The variance will allow for the creation of an ADU in the rear yard
that is compatible with the existing residential use of the property and will not negatively impact
neighbouring lots. Appropriate rear yard access continues to be accommodated on the other side of
the principal dwelling and the separation between the adjacent dwellings remains sufficient.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variance is desirable for the appropriate development and use of the land as it will recognize
the location of the principal dwelling on the lot and facilitate the development of an ADU in the rear
side yard. It is desirable as it will the permit a gentle form of residential intensification on the subject
property.
Environmental Planning Comments:
The ADU location may need to be adjusted to retain the tree. The location of the ADU will be
reviewed through Site Plan Application SP22/100/C/TZ.
Heritage Planning Comments:
There are no heritage planning concerns associated with the application.
Page 79 of 276
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the ADU
is obtained prior to construction. Please contact the Building Division at building(akitchener.ca with any
questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
No comments.
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:
• Planning Act
• Provincial Policy Statement (PPS 2014)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 85-1
ATTACHMENTS:
Attachment A — Plans included with Application Form
Page 80 of 276
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age 89 of 276
Region of Waterloo
June 28, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT
(5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING
FARMS SUBDIVISONS 30T 91005 30T 02206
(11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH
AND 21 WEBER STREET WEST KIAH GROUP INC.
(12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
(19)/12, STAUFFER WOODS SUBDIVISION 30T 08203
(20)/53 COURTLAND, 165 COURTLAND AVE E AEC
DEVELOPMENTS INC
Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2022 -
070 —
Rosenberg Way & Amand Drive — No Concerns.
2)
A 2022 -
072 —
177 Eden Oak Trail
— No Concerns.
3)
A 2022 -
073 —
10 Langton Drive —
No Concerns.
4)
A 2022 -
074 —
240 Chapel Street —
No Concerns.
5)
A 2022 -
075 —
50 Otterbein Road
— No Concerns.
6)
A 2022 -
076 —
95 Patricia Avenue
— No Concerns.
7)
A 2022 -
077 —
210 Pioneer Tower
Road — No Concerns.
8)
A 2022 -
078 —
125 Uplands Drive
— No Concerns.
9)
A 2022 -
079 —
31 Monterey Road
— No Concerns.
10) A 2022 -
080 —
64 Wilhelm Street —
No Concerns.
Document Number: 4114588
Page 1 of 2
Page 90 of 276
11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns.
12) A 2022 - 082 — 544 Bridgeport Road — No Concerns.
13) A 2022 - 083 — 99 Becker Street — No Concerns.
14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns.
15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns.
16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns.
17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns.
18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns.
19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns.
20) A 2022 - 095 — 165 Courtland avenue East — No Concerns.
21) A 2022 - 096 — 247 Glasgow Street — No Concerns.
22) A 2022 - 097 — 296 Highland Road East — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofNa)Kitchener. ca
2
Page 91 of 276
July 4, 2022
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
GRCA File: July 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6t" Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting — July 19, 2022
Applications for Minor Variance
A 2022-072
177 Eden Oak Trail
A 2022-073
10 Langton Drive
A 2022-074
240 Chapel Street
A 2022-076
95 Patricia Avenue
A 2022-078
125 Uplands Drive
A 2022-079
31 Monterey Road
A 2022-080
64 Wilhelm Street
A 2022-081
149-151 Ontario Street North & 21 Weber Street West
A 2022-082
544 Bridgeport Road
A 2022-083
99 Becker Street
A 2022-084
26 Pony Way (Unit 21)
A 2022-085
26 Pony Way (Unit 22)
A 2022-086
26 Pony Way (Unit 23)
A 2022-087
26 Pony Way (Unit 24)
A 2022-088
26 Pony Way (Unit 25)
A 2022-089 to 094
3, 11, 13, 21, 23 & 29 Shaded Creek Drive
A 2022-096
247 Glasgow Street
A 2022-097
296 Highland Road East
Applications for Consent
B 2022-039 63 Stanley Avenue
B 2022-040 452 Prospect Avenue
B 2022-041 456 Prospect Avenue
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications for minor variance and consent.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 92 of 276
GRCA has no objection to the approval of the above applications. 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 me at icon roy(a)-grand river. ca or 519-
621-2763 ext. 2230.
Sincerely,
�La ccr,� Ga'w �
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 93 of 276