HomeMy WebLinkAboutDSD-2023-292 - A 2023-084 - 151 Frederick Street
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: Arwa Alzoor, Planning Technician (Site Development) 519-741-2200
ext. 7847
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: June 22, 2023
REPORT NO.: DSD-2023-292
SUBJECT: Minor Variance Application A2023-084 - 151 Frederick Street
RECOMMENDATION:
That Minor Variance Application A2023-084 for 151 Frederick Street requesting relief from
Section 5.6B a) of Zoning By-law 85-1 to allow a restaurant patio to be located 22 metres from
Residentially zoned property instead of the minimum required 30 metres, to facilitate adding
an outdoor restaurant patio in the exterior side yard of a building that contains an existing
restaurant use, generally in accordance with drawings prepared by Dfy Studio, dated May 12,
2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of a minor variance to facilitate adding a
restaurant patio in the exterior side yard of an existing building with a restaurant use.
The key finding of this report is that the requested minor variances meet the 4 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 was posted to the
This report supports the delivery of core services.
BACKGROUND:
The subject property is located west of Lancaster Street East on Frederick Street. It currently
contains a mixed-use commercial building and a restaurant on the under-ground/ground floor.
The subject property is identified as a Major Transit Station Area Urban Structure and
High Density Commercial Residential20 Central Frederick Neighbourhood
Plan - Secondary Plan 1994 Official Plan.
Commercial Residential Three Zone CR-3 (125U-law 85-1
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Figure 1 - Aerial image of the subject Figure 2 - Location on the zoning map
property
The purpose of the application is to add a restaurant patio in the exterior yard of an existing building
for use by an existing restaurant. The restaurant patio is proposed to be located 22 metres from
Residentially zoned property rather than the required 30.0 metres in Zoning By-law 85-1.
th
Planning staff conducted a site inspection on Friday, June 30, 2023
Figure 3 - The front view of the building,
which will contain the proposed restaurant
patio
Figure 4 - The location of the proposed patio
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
It is the intent of the High Density Commercial-Residential designation to allow redevelopment for
multiple dwellings and limited commercial use at high densities.
Permitted commercial uses are restricted to offices, office support services, restaurants, medical
laboratories, funeral homes, financial establishments, day care facilities, health offices, health clinics,
parking facility, club facilities, tourist homes, studios, religious institutions, educational
establishments, a limited amount of personal services and convenience retail. Land uses may be
segregated in separate buildings or integrated in a mixed use development.
Staff is of the opinion that the requested variance maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the Zoning regulation, to regulate the distance a restaurant patio can be located from
a residential zone, is to provide protection from noise, increased restaurant traffic and provide privacy
protection to the residential area. The proposed patio will be located 22 metres from the residential
properties on Irvin Street, which in the opinion of staff be of sufficient distance to provide for noise
control and maintain privacy.
Based on the above, the variance will maintain the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed restaurant patio will be located 8.0 metres closer than the required distance to the
residential zone (30 metres). The existing parking garage structure to the building will also provide
a barrier between the proposed patio and the residentially zoned property and will assist in regulating
the traffic to and from the property. Staff consider the requested variances to be minor as there will be
no impact on abutting properties, and the location of the restaurant is existing.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Staff consider the variances to be desirable and appropriate as they will facilitate the addition of an
outdoor patio for an existing restaurant on the subject property. Staff are satisfied that the location
of the patio is in an appropriate location on the subject property.
Environmental Planning Comments:
There are no trees or natural features/functions on site. No concerns.
Heritage Planning Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by
The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish
an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation
process. The property municipally addressed as 151 Frederick Street is located within the Central
Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers
listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing
action plans for each CHL with specific conservation options.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
outdoor patio for a restaurant is currently under review.
Engineering Division Comments:
No comments
Parks/Operations Division Comments:
No concerns, no comments
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application
Region of Waterloo Comments:
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).
Grand River Conservation Authority Comments:
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 are not subject to Ontario Regulation 150/06 and, therefore, permission from GRCA is not
required.
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 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Map 20 Central Frederick Neighbourhood Plan -
Zoning By-law 85-1
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