HomeMy WebLinkAboutDSD-2022-362 - A 2022-075 - 50 Otterbein Road
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: Lisa Thompson, Planning Technician 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: July 12, 2022
REPORT NO.: DSD-2022-362
SUBJECT: Minor Variance Application A2022-075 - 50 Otterbein Road
Owner: Hallman Construction Limited c/o Paul Grespan
Agent: Al Allendorf
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-075 for 50 Otterbein Road requesting relief
from Section 42.2 of Zoning By-law 85-1, to permit a multiple dwelling to have a Floor
Space Ratio (FSR) of 2.45 instead of the maximum permitted maximum 2.0, in
accordance with Site Plan Application SP22/064/O/LT, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-075 for 50 Otterbein Road requesting relief
from Section 7.3, Table 7-6, of Zoning By-law 2019-051, to permit a multiple dwelling
to have a Floor Space Ratio (FSR) of 2.45 instead of the permitted maximum 2.0, in
accordance with Site Plan Application SP22/064/O/LT, 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.
BACKGROUND:
The subject property is located at the intersection of Otterbein Road and Lackner Boulevard in the
Grand River North area. The property is currently vacant, in anticipation of a new multiple dwelling
to be constructed.
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Community Areas Urban Structure and is
Medium Rise Residential
OnPoint Image of Property
The property is zoned Residential Eight Zone (R-8) in Zoning By-law 85-1 and
Residential Six Zone (RES-6NHC-1 in Zoning By-law
2019-051, which is currently under appeal.
The minor variance application has been submitted as the result of the zoning review of the proposed
development, where it was identified that a section of the below grade parking structure is exposed
above-This requires the entire area of the parking
garage to be added to the total area of the building. The addition of the total floor area of the parking
garage resulted in the increase to the FSR of 2.45 rather than the maximum permitted 2.0.
Site Plan 8-storey 194-unit Multiple Dwelling
Area Where Garage is Exposed Above Grade
-
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 as Medium Rise Residential in the Official Plan, and the proposed
development of an 8-storey 194 unit multiple dwelling is supported by this designation.Policy
15.D.3.19 states:
No building will exceed 8 storeys or 25 metres in height, whichever is the lesser, at the
highest grade elevation. Relief from the building height may be considered for properties with
unusual grade conditions and for buildings and/or structures with increased floor to ceiling
heights and architectural features provided the increased building height is compatible with
the built form and physical character of the neighbourhood
As the increase in FSR is not due to an increase in massing and building height, the intent of the
Official Plan will be maintained.
General Intent of the Zoning By-law
The subject property is zoned R-8 in Zoning By-law 85-1 and RES-6 in Zoning By-law 2019-051.
Both of these zones permit a maximum FSR of 2.0 and a maximum building height of 24 metres in
85-1 and 25 metres in 2019-051.The proposed development will exceed the allowable FSR,
however, the increase to the FSR does not add to the overall massing of the building. The building
will meet the maximum building height in both by-laws.
Is the Effects of the Variance Minor?
Due to the grading of the property and the abutting community trail, the rear façade of the
underground parking garage is exposed, and therefore the entire area of the parking garage must
be included in the FSR calculation. The addition of the parking garage floor area pushed the overall
FSR to 2.45, rather than the maximum of 2.0.
Staff consider the requested variance to be minor as the increase in FSR is not adding to the overall
building massing, but rather is a result of grading. The FSR overage will not be visually apparent
with the development of the multiple dwelling. The location of the exposed parking garage is not
visible from the public realm and can therefore be considered minor.
Is the Variance Desirable for The Appropriate Development or Use of the Land, Building and/or
Structure?
Staff consider the requested variance both desirable and appropriate for the development of the 194-
unit multiple dwelling as in all other aspects the development complies with the zoning regulations
and official plan policies. The minimal increase in FSR will not be visually apparent, and the supply
of additional dwelling units is very much needed.
The location of the development and area of exposed parking structure will not have any impact on
abutting properties or the public realm.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
No comments.
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:
This report has
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
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 Zoning By-law 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.
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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
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