HomeMy WebLinkAboutDSD-2023-313 - A 2023-078 - 35 Fifth Avenue
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 18, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review,
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning)
519-741-2200 ext. 7844
WARD(S) INVOLVED: 3
DATE OF REPORT: July 6, 2023
REPORT NO.: DSD-2023-313
SUBJECT: Minor Variance Application A2023-078 35 Fifth Avenue
RECOMMENDATION:
That Minor Variance Application A2023-078 for 35 Fifth Avenue requesting relief from Section
4.12.2 e) of Zoning By-law 2019-051 to permit a lot width of 12.2 metres instead of the
minimum required 13.1 metres and relief from Section 5.4, Table 5-3, of Zoning By-law 2019-
051 to permit a garage width of 66% (6.5 metres) instead of the maximum permitted 40% (4.8
metres), to facilitate the demolition of an existing dwelling and the construction of a new
single detached dwelling with two attached Additional Dwelling Units (ADUs) (Attached), for
a total of 3 dwelling units, generally in accordance with the drawings prepared by AH+
Architects, dated August 1, 2019, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to construct a new
building containing three dwelling units with a lot width of 12.2 metres and a garage
width of 6.5 metres.
The key finding of this report is that the requested minor variances do not meet all the
four tests of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the application
was mailed to all property owners within 30 metres of the subject property and this report
Adjustment meeting.
This report supports the delivery of core services.
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located on the eastside of Fifth Avenue, south of Kingsway Drive.
Figure 1: Aerial photo with subject property highlighted
The Urban Structure and is
It
--law 2019-051.
It is noted that the property is within Appendix C and D areas of Zoning By-law 2019-051
which contains more restrictive regulations, for front yard setbacks, garage width and
building heights, than areas outside the subject Appendices. This is to maintain the existing
built form so that new developments are compatible and do not dominate the streetscape.
The applicant proposes to demolish an existing single detached dwelling and construct a
new single detached dwelling with two attached Additional Dwelling Units (ADU) (Attached)
for a total of 3 dwelling units, to have a lot with of 12.2 metres rather than the required 13.1
metres and to have a garage width of 6.5 metres (65%) rather than the permitted 4.8 metres
(40%).
It is noted that the mail out to abutting property owners and the advertisement in The Record
mentioned that the existing building was proposed to remain. However, the application
indicated that the existing dwelling was proposed to be demolished and a new building to
be constructed in its place. The notice placed on the on the lawn sign correctly noted that
the removal of the existing building.
There has been much consultation with the applicant over the built form and its layout.
Changes were made to the roof line, to flatten it, in order that it would comply with the
maximum permitted building height in the established neighbourhood.
The applicant has also been made aware, that despite the walkout and basement area, that
the maximum number of dwelling units permitted in the proposed building is three (3). The
applicant has advised,as indicated on the submitted drawings,that the unfinished basement
level is for storage and service space only. Staff have advised that four dwelling units would
require different variances which would not be supported by staff.
Staff visited the site on June 30, 2023.
Existing dwelling at 35 Fifth Ave
Figure 2: Street view of Subject Property 35 Fifth Ave
Figure 3: Street view and Relationship to Adjacent Properties
Figure 4: Side elevation of proposed 3-storey building with walk out basement
(garage to the right).
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 46(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 intent of the Low-Rise Residential designation is to accommodate a full range of low-
density housing types which may include single detached dwellings with additional dwelling
units. The mixing and integrating of innovative and different forms of housing to achieve and
maintain a low-rise built form is supported. The variances meet the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation regarding lot width is to ensure that dwellings with three units
have sufficient lot width for the structure setbacks, for parking and for amenity area. The
proposed variance is for a lot width of 12.2 metres rather than the required 13.1 metres. By
itself, the lot width is considered a minor variance of 0.9 metre and staff are of the opinion
that the intent of the lot width variance is met. Staff are of the opinion that a lot width could
support a building with 3 dwelling units, however, it is not of an appropriate width to
accommodate the proposed built form.
The intent of the regulation regarding a maximum of 40% garage width of the building façade
is to ensure that garages do that dominate the property or the streetscape. The applicant is
requesting a garage width of 65% (6.5 metres) of the building façade where only a maximum
of 40% (4.8 metres) garage width is permitted in the Appendix C area of Zoning By-law
2019-051. This regulation has been in place since last year, March 21, 2022. Staff must
consider the intent of this newer regulation to ensure the changes in the by-law are
consistent going forward. Staff are of the opinion that the general intent of this regulation as
it applies to properties in Appendix C Central Neighbourhood is not met.
Is/Are the Effects of the Variance(s) Minor?
The effect of the reduced lot width to permit 3 dwelling units on one(1) lot impacts the façade
width which in turn affects the maximum garage width permitted in order to provide 2 parking
spaces with unobstructed access. The variance to permit an increased garage
width and consequently a driveway width which is the same with as the garage width, are
not considered minor and overall appear to be an overdevelopment of the property. The
requested garage/driveway width of 6.5 metres exceeds the width of two (2) side by side
parking spaces of 5.2 metres and contribute to excessive driveway width which would
negatively impact the vision for an enhanced streetscape.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
As noted above, the combined variances create a garage/driveway/parking layout that does
not meet the intent of the new zoning by-law for this Appendix C - Central Neighbourhood
area. Staff are of the opinion that the variances together create a development that is not
appropriate and desirable for the use of this property in the subject area.
Figure 5: Proposed front façade with Garage Width of 65%
In summary, i, with an increased garage width,
is an over development of the subject property. It has not been demonstrated why it is not
possible to construct a more compatible building, with 3 dwelling units, on a lot of 12.2
metres instead of 13.1 metres and comply with all other regulations of the Zoning By-law.
Heritage Planning Comments:
No concerns.
Environmental Planning Comments:
No concerns.
Building Division Comments:
No objections to the proposed variance provided building permit for the new residential is
obtained prior to construction. Please contact the Building Division at building@kitchener.ca
with any questions.
Engineering Division Comments:
No Comments.
Transportation Planning Division Comments:
Transportation Services have no concerns with the proposed application.
Parks and Cemeteries Division Comments:
There is an existing City-owned street tree that will be impacted by the proposed driveway
widening associated with the development and this tree should be protected to City
standards throughout construction as per Chapter 690 of the current Property Maintenance
By-law. Suitable arrangements including the submission and approval of a Tree Protection
and Enhancement Plan showing full protection for existing trees; an ISA valuation of City-
owned trees and any required securities or compensation for removed trees will be required
to the satisfaction of Parks and Cemeteries prior to the issuance of a Building Permit or curb
cut permit. Please see Urban Design Manual Part C, Section 13 and
www.kitchener.ca/treemanagement
Region of Waterloo Comments:
There are no conditions for this application. However, the owners are advised that the
proposed and existing dwelling(s) on the subject lands would have impacts from the
transportation noise in the vicinity. The owners are responsible for ensuring that the subject
development does not have any environmental noise impacts. In the absence of a detailed
noise study, the staff strongly recommend that all dwelling units be installed with air-ducted
heating and ventilation system, suitably sized and designed for the provision of central air
conditioning. This will avoid retrofit at any later application stage, e.g., Consent/Condo.
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 site 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 advised interested
parties to find additional information on
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 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
June 30, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (5) 08 WEBER KIT, 15 DELLROY AVENUE
Kitchener, 2296342 ONTARIO INCORPORATED
ON N2G 4G7
(12) VAR KIT, 30 AND 40 MARGARET
AVENUE ACTIVA HOLDINGS
Subject: Committee of Adjustment Meeting July 18, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 076 912 Otterbein Court No Concerns.
2) A 2023 - 077 176 Indian Road No Concerns.
3) A 2023 - 078 35 Fifth Avenue There are no conditions for this application.
However, the owners are advised that the proposed and existing dwelling(s) on
the subject lands would have impacts from the transportation noise in the vicinity.
The owners are responsible for ensuring that the subject development does not
have any environmental noise impacts. In the absence of a detailed noise study,
the staff strongly recommend that all dwelling units be installed with air-ducted
heating and ventilation system, suitably sized and designed for the provision of
central air conditioning. This will avoid retrofit at any later application stage, e.g.
Consent/Condo.
There are no airport-specific concerns for the proposed development. However,
the owners are advised that the subject lands are located within the Airport
Zoning Regulated area and specifically under the runway take-off/approach
surface; and, as such, subject to all provisions of the Airport Zoning Regulations.
4) A 2023 - 079 55 Rockcliffe Drive No Concerns.
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5) A 2023 080 15 Dellroy Avenue The Regional staff do not support this
minor variance application. Any structures within the Daylight Triangle (DLT)
and any encroachment under, at or above the ground within the Regional right of
way, including the daylight triangle (including the lands to be dedicated to the
Region), will not be allowed. The buildings and the site must be designed
accordingly.
Airport Zoning (Advisory):
The owners/applicants are also advised that the subject property falls within the
Region of Waterloo Zoning Regulated Area, specifically under the Take-
off/Approach Surface for Runway 08. Using the Region of Waterloo International
Airport Zoning Regulations (AZR) online tool
(https://www.waterlooairport.ca/en/about-ykf/airport-zoning-regulations-
update.aspx), the permitted building height for the subject property is 399.5m
Above Sea Level (ASL), the maximum building height is 75.5m based on a
maximum ground level of 324m ASL. Please ensure that the building heights for
the proposed development comply with the Region of Waterloo Airport zoning and
height restrictions. The Region of Waterloo International Airport AZR also
regulates any construction of towers/cranes for a proposed development. Any
proposed development at this location must ensure that construction
towers/cranes also comply with the Region of Waterloo International AZR.
6) A 2023 - 081 333 Pine Valley Drive No Concerns.
7) A 2023 - 082 685 Frederick Street No Concerns.
8) A 2023 - 083 15 Kenora Drive No concerns/conditions for this application. Staff
note that the subject lands are located within the Airport Zoning Regulated area
and specifically under the runway take-off/approach surface; and, as such,
subject to all provisions of the Airport Zoning Regulations.
9) A 2023 - 084 151 Frederick Street There are no conditions for this application.
However, the applicants are advised that they are responsible for ensuring that
the proposed development does not have any environmental noise impacts (both
on-site and off-site).
10) A 2023 - 085 920 Keewatin Place No Concerns.
11) A 2023 086 59 Graber Place Although there are no conditions for this
application, the staff note that there are noise-sensitive land uses, specifically the
backyards of many residential dwellings, in the immediate vicinity of the subject
lands, which may have impacts from the noise from the proposed storage related
activities. The staff recommend that the City staff look into this as deemed
appropriate.
2
12) A 2023 087 30-40 Margaret Avenue 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
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
3
June 29, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July18, 2023
Applications for Minor Variance
A 2023-077176 Indian Road
A 2023-07835 Fifth Avenue
A 2023-07955 Rockcliffe Drive
A 2023-08015 Dellroy Avenue
A 2023-081333 Pine Valley Drive
A 2023-082685 Frederick Street
A 2023-08315 Kenora Drive
A 2023-084151 Frederick Street
A 2023-085920 Keewatin Place
A 2023-08730-40 Margaret Avenue
Applicationsfor Consent
B 2023-02597 Second Avenue
B 2023-02630-40 Margaret Avenue
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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority