HomeMy WebLinkAboutDSD-2022-434 - A 2022-106 - 175 Tartan Avenue
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: Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-434
SUBJECT: Minor Variance Application A2022-106 - 175 Tartan Avenue
Owner: Schlegel Urban Developments Corp.
Agent: Blake Toncic
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-106 for 175 Tartan Avenue requesting relief
from:
1) Section 6.1.2 a) to permit a parking requirement of 1.1 parking space per dwelling
unit (120 parking spaces) instead of the minimum required 1.5 parking spaces per
dwelling unit (162 parking spaces);
2) Section 6.1.2 b) vi) b) to permit 10% of the required parking spaces (12 spaces) for
Visitor Parking instead of the minimum required 20% (32 parking spaces);
3) Special Regulation Provision 736R b) to permit a side yard setback of 1.8 metes
instead of the minimum required 2.5 metres; and
4) Special Regulation Provision 736R c) to permit a rear yard setback of 5.5 metres
instead of the minimum required 7 metres;
to facilitate the development of the property with 108-unit multiple residential stacked
townhome development (7 buildings in total) in accordance with Site Plan Application
SP22/061/T/LT, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-106 for 175 Tartan Avenue requesting relief
from:
1) Site-specific Provision (250) b) to permit a side yard setback of 1.8 metres instead
of the minimum required 2.5 metres; and
2) Site-specific Provision (250) c) to permit a rear yard setback of 5.5 metres instead
of the minimum required 7 metres;
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to facilitate the development of the property with 108-unit multiple residential stacked
townhome development (7 buildings in total) in accordance with Site Plan Application
SP22/061/T/LT, BE APPROVED.
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 and provide a recommendation for Minor Variance
Application A2022-106.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is within the Huron South Neighbourhood which is located south of Huron Road
and east of
2 Land Use
2014 Official Plan. The property is zoned R-8h Special Regulation
Provision 736R in Zoning By-law 85-1 and RES-6-
Specific Provision (250) in Zoning By-law 2019-051, which is currently under appeal.
The application is requesting variances to permit the reduction in the parking requirement, the
number of visitor parking, and reduced rear yard and side yard setbacks for the proposed
development.
nd
City staff conducted a site inspection of the property on September 2, 2022.
Figure 1: Location Map: 175 Tartan Avenue
Figure 2: Front view of 175 Tartan Avenue
Figure 3: Site Plan: Green box indicating reduced rear and side yard
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 identifie 2 - Urban Structure and is
of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types
while maintaining the character of the neighbourhood.
The minor variances will facilitate the development of the subject property with a low-rise multiple
residential use consistent with the land use designation and with the intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the 2.5 metre side yard setback and the 7 metre rear yard setback requirements
in Zoning By-laws85-1and 2019-051 is to maintain privacy and an appropriateseparation distance
from neighbouring properties. Only the one corner of the building at the northwesterly portion of the
site is deficient and located 1.8 metres rather than the required 2.5 metres and the side wall of the
building at the southwesterly end of the site is deficient and located 5.5 metres rather than the
required 7 metres for a rear yard.
future residential development. Staff is of the opinion that the requested reductions in the setbacks
meet the general intent of the Zoning By-law.
The intent of the minimum parking and visitor parking requirements is to ensure the development
provides a sufficient number of parking spaces for both residents and visitors to the site. Residents
are becoming less car-dependent and the reduced parking spaces will facilitate more housing and
amenity space being provided on the site. Also, as the parking requirements will be in compliance
with new Zoning By-law 2019-051, staff is of the opinion that the minor variances to permit a reduced
parking requirement and a reduction in the number of required visitor parking spaces, to Zoning By-
law-85-1, meets the intent of new Zoning By-law 2019-051.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the effects of the requested variances are minor as the reduced parking
requirement, the reduction in the number of visitor parking spaces, and the reduced side yard and
rear yard setbacks, adjacent to open space lands, will not affect the neighbouring properties or
negatively impact the functioning of the site.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances are desirable for the appropriate development and the use of land as they
will facilitate the development of a multiple residential stacked townhouses compatible with the form
and scale of the surrounding properties. The reduced setbacks will facilitate the development of
buildings on the westerly side of the site where the lot line is irregular and will not impact the privacy
of neighbouring properties and the reduced parking will not negatively impact the functioning of the
site. Staff is of the opinion that the requested variances are considered desirable for the appropriate
development of the use of the land.
Environmental Planning Comments:
A Tree Management Plan is required and this will be addressed through the site plan application in
process.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
No objections.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Based on the justification report completed by Fusion Homes and submitted as part of this
application, Transportation Services can support the proposed parking rate of 1.11 spaces per unit
(1.50 spaces per unitrequired under Zoning By-law 85-1), the visitor parking rate of 10% (20%
required), and 18 Class A secured bike spaces.
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
ivision. 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
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.
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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