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Home My WebLink AboutDSD-2022-426 - A 2022-112 - 527 Wellington Street North Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 20, 2022 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: September 9, 2022 REPORT NO.: DSD-2022-426 SUBJECT: Minor Variance Application A2022-112 527 Wellington Street North RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-112 for 527 Wellington Street North requesting permission under section 45(2)(a)(i) of the Planning Act, to permit the enlargement or extension of a legal non-conforming use, a single detached dwelling in the "General Industrial Zone (M-2)", to permit an Additional Dwelling Unit (ADU) (Attached), generally in accordance with drawings prepared by Nikola Janakovic, dated February 20, 2022, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review and make recommendations with respect to the requested application for permission for 527 Wellington Street North. Staff recommend that the application be approved. This report supports the delivery of core services. BACKGROUND: The subject property is located in the North Ward Neighbourhood on the southerly side of Wellington Street North. The subject lot currently contains a single detached dwelling with an attached basement unit and is surrounded by predominantly general industrial uses, as well as residential uses east along Wellington Street North. on Map 2 Urban Structure and is in the North Ward Secondary Plan in the 1994 Official Plan. General Industrial Zone (M-2-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location of Subject Property Photo of Subject Property The purpose of the application is that the applicant is seeking permission under Section 45(2)(a)(i) of the Planning Act to permit the enlargement or extension of a legal non-conforming use. In this case, permission would facilitate and legalize the use of the existing basement for an Additional Dwelling Unit (ADU) (attached). An application to the Building Division has been submitted and is currently under review. Staff conducted a site visit on August 30, 2022. REPORT: Planning Comments: Case law sets out the tests to be applied by the Committee of Adjustment in considering applications under Section 45(2)(a)(i). It should be noted that the test to be applied is not the four-part test for minor variances under Section 45(1) but rather whether the approval of the application: 1. Is in the public interest; and 2. Creates unacceptable or adverse impact upon abutting properties. Is Approval in the Public Interest? Staff are of the opinion that the approval of this application is in the public interest as it would permit the use of the existing basement unit as a legal ADU (attached). The proposed use would provide a form of gentle intensification, and increase the range of housing options, in the North Ward neighbourhood as directed in Official Plan policy 4.C.1.24. As residential uses already exist along Wellington Street North, there would not be a discernable impact to industrial uses in the area. Any Adverse or Unacceptable Impacts? Staff are of the opinion that permitting the use of the existing basement dwelling as an ADU (attached) would not result in any adverse or unacceptable impacts. The property contains enough room to provide two legal parking spaces per unit as required by the zoning, removing traffic impacts to the roadway. Staff note that the surrounding properties to the east of the subject property (along Wellington Street North and Johnson Street) are zoned R-5, which permits the use of duplex dwellings on those properties. Additionally, the basement unit is not visiblefrom the public realm; therefore, no adverse or unacceptable impacts are anticipated. Environmental Planning Comments: No natural heritage or Tree Management Policy concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Application has been made for the attached additional dwelling unit and is currently under review. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: No concerns. GRCA Comments: No concerns. Hydro One Comments: No comments or concerns. 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: 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 Survey of subject property Attachment B Floorplan of basement unit Attachment A: Survey of Subject Property Attachment B: Floorplan of Basement Unit August 30, 2022 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY (3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11, BLOCK 193) SCHLEGEL URBAN DEVELOPMENT CORP (10)/63, 10 AND 26 COLLEGE STREET NIMER BROTHERS DEVELOPMENT INCORPORATED (11) /VAR KIT, 132 WOOLWICH STREET GATTO HOMES INCORPORATED Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 104 369 Frederick Street No Concerns. 2) A 2022 - 105 6 Tweedsmuir Court No Concerns. 3) A 2022 - 106 175 Tartan Avenue No Concerns. 4) A 2022 - 107 133 Pine Martin Crescent No Concerns. 5) A 2022 - 108 23 Bosworth Crescent No Concerns. 6) A 2022 - 109 60 Crosswinds Drive No Concerns. 7) A 2022 - 110 6 Marianne Dorn Trail No Concerns. 8) A 2022 - 111 131 Pinedale Drive No Concerns. 9) A 2022 - 112 527 Wellington Street North No Concerns. 10) A 2022 - 113 10 College Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ tğŭĻ Њ ƚŅ Ћ 11) A 2022 - 114 132 Woolwich Street No Concerns. 12) A 2022 - 115 224 Jeffery Place 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 CofA@Kitchener.ca 2 September 1, 2022 via email GRCA File:September 20,2022 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 – September 20, 2022 Applications for Minor Variance A 2022-104 369 Frederick Street A 2022-105 6 Tweedsmuir Court A 2022-106 175 Tartan Avenue A 2022-107 133 Pine Martin Crescent A 2022-108 23 Bosworth Crescent A 2022-109 60 Crosswinds Drive A 2022-111 131 Pinedale Drive A 2022-112 527 Wellington Street North A 2022-113 10 College Street A 2022-114 132 Woolwich Street Applications for Consent B 2022-046 78-80 Old Chicopee Drive B 2022-047 124 Walker Street B 2022-048 7 Shaded Creek Drive B 2022-049 9 Shaded Creek Drive B 2022-050 11 Shaded Creek Drive B 2022-051 13 Shaded Creek Drive B 2022-052 15 Shaded Creek Drive B 2022-053 21 Shaded Creek Drive B 2022-054 23 Shaded Creek Drive B 2022-055 25 Shaded Creek Drive Application for Change of Conditions CC 2022-001 – 41 Ardelt Place Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. 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 meat jconroy@grandriver.ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. Resource Planning Technician Grand River Conservation Authority