HomeMy WebLinkAboutDSD-2022-337 - A 2022-080 - 64 Wilhelm StreetStaff Report
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 -2022-337
SUBJECT: Minor Variance Application A2022-080 - 64 Wilhelm Street
Owner: Stephen Preece
Applicant: Jason Doerbecker
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-080 for 64 Wilhelm Street requesting relief
from Section 6.1.1 b) i) of Zoning By-law 85-1, to permit the required off-street parking
to be located 0 metres from the street line instead of the minimum required 6 metres
to recognize the two (2) side by side parking spaces in the existing driveway, for the
existing single detached dwelling and to facilitate the development of an Additional
Dwelling Unit (ADU) (Detached), generally in accordance with drawings prepared by
Interior Design Hub, dated May 11, 2022 (attached to Report DSD -2022-306), in
accordance with Site Plan Application SP22/072/W/TZ, BE APPROVED.
Zoning By-law 2019-051
A. That Minor Variance Application A2022-080 for 64 Wilhelm Street requesting relief
from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit the required off-street
parking to be located 0 metres from the street line instead of the minimum required 6
metres to recognize the two (2) side by side parking spaces in the existing driveway,
for the existing single detached dwelling and to facilitate the development of an
Additional Dwelling Unit (ADU) (Detached), generally in accordance with drawings
prepared by Interior Design Hub, dated May 11, 2022 (attached to Report DSD -2022-
306), in accordance with Site Plan Application SP22/072/W/TZ, BE APPROVED, subject
to the following:
This minor variance shall become effective only at such time as Zoning By-law 2022-
040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c.
P 13, as amended, at such time the variance shall be deemed to have come into force
as of the final date of this decision.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 143 of 276
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to recognize the existing
parking location and configuration to facilitate the development of 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.
BACKGROUND:
Location Map of 64 Wilhelm Street (subject property).
The subject property is located on the north side of Wilhelm Street, at the intersection Wilhelm Street
and Hett Avenue. The subject property contains a two-storey single detached dwelling with a paved
area in the exterior side rear yard. The area is predominantly a low-rise low-density residential
neighbourhood.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1, and `Low Rise Residential
Four Zone (RES -4) in Zoning By-law 2019-051, which is currently under appeal.
The purpose of the subject minor variance application is to facilitate the construction of an Additional
Dwelling Unit (ADU) (Detached) in the rear side yard and recognize the two (2) side by side parking
spaces on the existing driveway. Specifically, the variance is as follows:
- to permit the required off-street parking to be located 0 metres from the street line, instead
of the required 6 metres to recognize the two (2) side by side parking spaces in the existing
driveway for the existing single detached dwelling and to facilitate the development of an
Additional Dwelling Unit (ADU) (Detached).
City Planning staff conduced a site inspection on July 7, 2022.
Page 144 of 276
Subject property's existing paved driveway located in the side rear lot from Hett Avenue.
Page 145 of 276
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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:
Page 147 of 276
General Intent of the Official Plan
In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a
variety of low-density residential uses. Within this 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. The property is presently developed with a 2 -storey residential
dwelling. The proposed ADU, like a detached garage, will not change the existing massing, height, or
other design characteristics of the property, because it will be established within the rear side yard.
Additionally, the City's Official Plan also supports the development of additional dwelling unit(s),
attached, within a residential unit, 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 another
housing option 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. Therefore, it is the opinion
of staff that the requested variances meet 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 parking spaces to be located a minimum
distance of 6 metres from the street line, is to ensure the presence of vehicles do not dominate the
streetscape and that vehicles can exit the property in a safe manner. The existing driveway is located
on the exterior side yard, meets the minimum required distance from the intersection and has functioned
appropriately for many years without a history of complaint. Accordingly, it is staff's opinion that the
general intent of the zoning by-law will be maintained.
Is/Are the Effects of the Variance(s) Minor?
The requested variance can be considered minor as the continuation of the parking in this location
is not anticipated to cause unacceptably adverse impacts on the streetscape or adjacent properties.
The parking area has existed several years without incident. Appropriately located parking spaces
and access can continue to be accommodated in this location. Accordingly, it is staff's opinion that
the effects of the variance are minor.
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 existing side by side parking in the driveway 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:
It is noted that the applicant proposes to remove two trees on site and having the ADU within the
dripline of the neighbour's tree. The proposed location of the ADU should be adjusted to be outside
of the dripline and/or we need an arborist report.
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 the ADU is situate on the property to
minimize the impacts of the ADU on the existing trees. This will require locating the ADU outside of
the dripline of the neighbour's tree or requiring an arborist report.
Heritage Planning Comments:
No comments.
Page 148 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:
Due to the fact that the back of sidewalk aligns with the property line, the driveway should measure
5.5m long at its shortest point to ensure vehicles can park within the driveway without encroaching
into the sidewalk. The plan submitted with this application does not appear to reflect this and should
be adjusted to ensure 5.5m length is met across the entire driveway.
Transportation Services can support the proposed variance as long as the condition above is met
and reflected in the drawings.
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 parking spaces meet zoning
requirements and that they are accurately reflected on the approved site plan.
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-laws 85-1 and 2019-051
ATTACHMENTS:
Attachment A — Plans included with Application Form
Page 149 of 276
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Page 154 0 276
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 155 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 156 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 157 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 158 of 276
From:
Sent: July 7, 2022 6:41 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: [EXTERNAL] Re: Application No. A 2022-080 - 64 Wilhelm Street
Dear Committee Members,
I would like to submit my comments on the referenced application for the Committee's consideration.
I assert that the current illegal driveway and future additional detached dwelling unit will prevent access
to conduct future repairs to the retaining wall between our two properties which supports my driveway.
Without access to conduct these repairs my driveway will be rendered unusable and could negatively
impact the foundation of my dwelling unit. I recommend that this application to legalize the subject
driveway to support the construction of a future additional detached dwelling unit be rejected.
I would also like to comment that construction of the future additional detached dwelling unit not be
approved.
Yours truly,
Irmgard Urbach
Sent from Mail for Windows
Page 159 of 276