HomeMy WebLinkAboutDSD-2022-355 - A 2022-083 - 99 Becker Street
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: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD-2022-355
SUBJECT: Minor Variance Application A2022-083 - 99 Becker Street
Owner: 2523365 Ontario Inc.
Applicant: Shaddi Fahel
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-083 for 99 Becker Street requesting relief from
Section 6.1.2 a) and Section 6.1.1.1 d) i) of Zoning By-law 85-1, to permit a parking
requirement of 1.15 parking spaces per dwelling unit (14 parking spaces) instead of
the minimum required 1.5 parking spaces per dwelling unit (18 parking spaces), and
to permit parking to be located between the façade and the front lot line, 0 metres from
the street line, generally in accordance with drawings prepared by Chris Fernandes
Design Corp, dated March 3, 2022, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-083 for 99 Becker Street requesting relief from
Section 5.3.3 c) of Zoning By-law 2019-051, to permit parking located between the
façade and the front lot line, 0 metres from the street line, generally in accordance with
drawings prepared by Chris Fernandes Design Corp, dated March 3, 2022, 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.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for minor variances to permit the owner to
construction an additional (1) dwelling unit within the existing 11-unit multiple dwelling.
There are no financial implications.
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.
BACKGROUND:
Subject Property 99 Becker Street
Front view of property and view of existing parking spaces
The subject property is located on Becker Street, between Krug Street and Frederick Street. The
current use of the building is a multiple dwelling with 11 residential units.
Community Area Urban Structure and is designated
Low Rise Residential icial Plan.
Residential Six Zone (R-6-law 85-1 and zoned
Residential Five Zone (RES-5 in Zoning By-law 2019-051, which is currently under appeal.
The applicant is requesting relief from Section 6.2.1 a) of Zoning By-law 85-1 to permit a parking
requirement of 1.15 parking spaces per dwelling unit (14 parking spaces) instead of the minimum
required 1.5 parking spaces per dwelling unit (18 parking spaces), relief from Section 6.1.1.1 d) i) of
Zoning By-law 85-1 to permit required parking to be located between the facade and the front lot line
and to be located 0 metres from the street line instead of the minimum 3 metres, and relief from
Section 5.3.3 c) i) of Zoning By-law 2019-051 to permit required parking spaces to be located within
the front yard and to be located within 3 metres of the front lot line, to recognize the existing parking
configuration to allow the creation of an additional dwelling unit within the existing 11 unit multiple
dwelling.
Proposed concept site plan
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 subject property is designated Low Rise Residential with
permits low density forms of housing such as low-rise multiple dwellings. The proposed variance meets
the intent of the Official Plan which encourages a range of different forms of housing and encourages
a mix of residential uses in residential areas. It is the opinion of staff that the requested variance for
a parking reduction and parking locations meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the required minimum parking in By-law 85-1 is to ensure adequate parking for the
multiple dwelling which includes visitor parking. The proposed parking rate of 1.15 spaces per unit
is the required parking rate within the 2019-051 By-law which is currently under appeal.
The intent of the parking location to not be within the front yard and the specified distance of 3 metres
from the front lot line for both By-laws is to ensure adequate front yard separation and clear visibility
from the street, without vehicles interfering with the aesthetic of the streetscape. The proposed
parking is an existing condition and the existing parking area is not located directly in front of the
multiple residential building. The parking has existed without issue and does not negatively impact
adjacent properties nor the streetscape.
Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variances can be considered minor, as it is the opinion of staff that the reduced parking rate meets
the proposed 2019-051 Zoning By-law parking rate, and the location of the parking spaces are an
existing condition that has had no impacts to the neighbourhood. The variances will not present any
significant impacts to adjacent properties and the overall neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variances are appropriate for the development and use of the land. The variances will allow the
gentle intensification of an existing multiple residential building.
Environmental Planning Comments:
No natural heritage planning concerns.
Heritage Planning Comments:
No Heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
new residential unit and it is currently under review.
Engineering Division Comments:
No Engineering concerns.
Parks/Operations Division Comments:
No Parks planning concerns.
Transportation Planning Comments:
The current number of spaces provided as per a site visit equal 16, which is less than what is required
(18 required). This application would reduce the number of spaces provided from 16 to 14 in order
to provide a standard barrier-free space on site. Given that the site proposes to have a total of 12
units, there is enough spaces for 1 space per unit, plus several visitor spaces. It should be noted
that there is plenty of on-street parking available for visitors should the parking lot be at capacity
already.
Transportation Services can support the proposed reduction in parking for this site.
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 n 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
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
June 28, 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 (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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЊЍЎББ
tğŭĻ Њ ƚŅ Ћ
11)A 2022 -081149-151 Ontario Street North & 21 Weber Street WestNo 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
CofA@Kitchener.ca
2
July 4, 2022 via email
GRCA File:July 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
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
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 above applications. The subject
properties donot 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 jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority