HomeMy WebLinkAboutDSD-2023-495 - A 2023-128 - 76 Dunham AvenueStaff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 21, 2023
SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: November 3, 2023
REPORT NO.: DSD -2023-495
SUBJECT: Minor Variance Application A2023-128 — 76 Dunham Avenue
RECOMMENDATION:
That Minor Variance Application A2023-128 for 76 Dunham Avenue requesting relief
from Section 6.1.1.1 b) i) of Zoning By-law 85-1 to permit a required parking space to
be located 2.5 metres from the street (property) line, instead of the minimum
required 6 metres, in order to accommodate two (2) side by side parking spaces for
a proposed Additional Dwelling Unit (Attached) (Duplex), generally in accordance
with drawings prepared by Habitat Design Co., dated October 16, 2023, BE
APPROVED, subject to the following conditions:
1. That the Owner shall grant Metrolinx an Environmental Easement for
Operational Emissions. The Environmental Easement provides clear
notification to those who may acquire an interest in the subject property and
reduces the potential for future land use conflicts. The environmental
easement shall be registered on title of the subject property.
2. That the Owner shall provide confirmation to Metrolinx, that the following
warning clause has been inserted into all Development Agreements, Offers to
Purchase, and Agreements of Purchase and Sale or Lease of each dwelling
unit within 300 metres of the Railway Corridor:
"Warning: The Applicant is advised that the subject land is located within
Metrolinx's 300 metres railway corridor zone of influence and as such is
advised that Metrolinx and its assigns and successors in interest has or have
a right-of-way within 300 metres from the subject land. The Applicant is
further advised that there may be alterations to or expansions of the rail or
other transit facilities on such right-of-way in the future including the
possibility that Metrolinx or any railway entering into an agreement with
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 89 of 221
Metrolinx to use the right-of-way or their assigns or successors as aforesaid
may expand or alter their operations, which expansion or alteration may
affect the environment of the occupants in the vicinity, notwithstanding the
inclusion of any noise and vibration attenuating measures in the design of the
development and individual lots, blocks or units."
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance to permit a required parking
space to be located 2.5 metres from the street (property) line in order to facilitate the
creation of an Additional Dwelling Unit (Attached) (Duplex).
• The key finding of this report is that the minor variance meets 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
was posted to the City's website with the agenda in advance of the Committee of
Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on a corner lot at the intersection of Dunham Avenue and
Mansion Street. The lot currently contains a Single Detached Dwelling.
Figure 1 — Ariel Photo of the Subject Property
Page 90 of 221
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Conservation A' in the Central Frederick Neighbourhood Plan for Land
Use.
The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1.
The purpose of the application is to permit a required parking space to be located 2.5 metres
from the street (property) line, in order to facilitate the creation of an Additional Dwelling Unit
(Attached) (Duplex).The existing subject property is a Single Detached Dwelling, which
currently contains an attached garage. The attached garage is approximately 3.1 metres in
width by 5.3 metres in length and contains stairs at the rear which provides access to the
subject property. As such, the existing attached garage does not meet the Zoning By-law
85-1 dimension requirements for an attached garage parking space (3.04 metres by 5.49
metres) and does not function as a garage/required parking space.
Zoning By-law 85-1 states that 1 parking space is required for each dwelling unit for an
Additional Dwelling Unit (Attached). Since the attached garage does not function as such,
both parking spaces must be located in the driveway. The existing driveway is 4.25 metres,
and is proposed to be widened by 2 metres, which would make the proposed driveway a
total of 6.25 metres. Both of the required parking spaces are proposed to be side-by-side
and located 2.5 metres from the street (property) line, as shown in Figure 2. Section 6.1.1.1
b) i) requires that a required parking space be located a minimum of 6 metres from the street
(property) line. Accordingly, a minorvariance is requested to permit required parking space
to be located 2.5 metres from the street (property) line as the attached garage does not
function as such. The subject property and proposed use of the building for a single
detached dwelling with an ADU (Attached) (Duplex), meets all other zoning requirements,
including lot width, setbacks, and driveway width requirements.
Page 91 of 221
f
MoeriwK
S7UNHAM AYE.
SfiE 5KETGH
SCALE: 1:200
Figure 2 — Site Plan
r�
Staff conducted a visit to the subject property on November 1 st, 2023.
DATE: 2023-10-16
scx : 1: a
5 -EE, _ D_ 1
Page 92 of 221
Figure 3 — Photo of Subject Property from Site Visit
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 intent of the `Low Rise Conservation A' land use designation in the Central Frederick
Neighbourhood Plan for Land Use is to preserve the scale, use, and intensity of existing
development. Permitted uses include duplex dwellings. It is the opinion of staff that the
existing use and proposed ADU (Attached) (Duplex) conforms to the land use designation.
Accordingly, the variance to facilitate the ADU (Attached) (Duplex) will meet the general
intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of requiring a parking space to be located 6 metres from street
(property) line is to ensure that there is adequate space to accommodate vehicles without
impacting or impeding pedestrian use of the sidewalk right-of-way, and that the front or
exterior side yards do not function primarily as parking areas. The driveway is proposed to
be widened to 6.2 metres, which negates the need for tandem parking, and the setback of
the parking of 2.5 metres does not impede on the pedestrian use of the sidewalk right-of-
way. Further, the primary use of the front yard is the variety of hard and soft landscaping
Page 93 of 221
features that are shown in Figure 3. As such, staff are of the opinion that the general intent
of the Zoning By-law will be maintained.
Is/Are the Effects of the Variance(s) Minor?
The effects of the variance, to permit the required parking space to be located 2.5 metres
from street (property) line, can be considered minor as there is enough space to
accommodate two vehicles without impacting the use of the sidewalk by pedestrians.
Further, as the 7.5 metre front yard setback of the attached garage exceeds the minimum
requirement in the Zoning By-law, and the proposed driveway width is less than 50% of
the lot width, the impact of one the required parking spaces being located 2.5 metres from
the street (property) line is reduced, since there is adequate front yard space still
remaining.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is appropriate for the development and use of the land. The requested
variances will support a gentle intensification of housing and support the City's Housing
Pledge by facilitating the construction of a ADU (Attached) (facilitate a Duplex use) on the
subject property.
Environmental Planning Comments:
Provided there is no addition to create an attached ADU, there are no tree management
concerns. There are no natural heritage issues.
Heritage Planning Comments:
Heritage Planning staff have no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit to
change the use to an additional dwelling unit (attached). Please contact the Building Division
at building(a-kitchener.ca with any questions.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Parks/Operations Division staff have no concerns.
Transportation Planning Comments:
Transportation Services can support the proposed application to permit the following:
• That a required parking space be located 2.5 metres from the lot line rather than the
required 6 metres.
Region of Waterloo Comments:
The Region of Waterloo has no concerns.
Grand River Conservation Authority Comments:
The GRCA has no concerns.
Page 94 of 221
Metrolinx Comments:
Metrolinx is in receipt of the minor variance application for 76 Dunham Ave to facilitate an
additional parking spot to support the future basement apartment (changing the single
detached dwelling into a duplex). Metrolinx's comments on the subject application are noted
below:
• The subject property is located within 300 metres of the Metrolinx Guelph Subdivision
which carries Metrolinx's Kitchener GO Train service.
Conditions of Approval:
• As per section 3.9 of the Federation of Canadian Municipalities and Railway
Association of Canada's Guidelines for New Development in Proximity to Railway
Operations, the Owner shall grant Metrolinx an environmental easement for
operational emissions. The environmental easement provides clear notification to
those who may acquire an interest in the subject property and reduces the potential
for future land use conflicts. The environmental easement shall be registered on title
of the subject property. A copy of the form of easement is included for the Owner's
information. The applicant may contact Farah. Farogue(o-)-metrolinx.com with
questions and to initiate the registration process. (It should be noted that the
registration process can take up to 6 weeks).
• The Proponent shall provide confirmation to Metrolinx, that the following warning
clause has been inserted into all Development Agreements, Offers to Purchase, and
Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres
of the Railway Corridor:
o Warning: The Applicant is advised that the subject land is located within
Metrolinx's 300 metres railway corridor zone of influence and as such is advised
that Metrolinx and its assigns and successors in interest has or have a right-of-
way within 300 metres from the subject land. The Applicant is further advised that
there may be alterations to or expansions of the rail or other transit facilities on
such right-of-way in the future including the possibility that Metrolinx or any railway
entering into an agreement with Metrolinx to use the right-of-way or their assigns
or successors as aforesaid may expand or alter their operations, which expansion
or alteration may affect the environment of the occupants in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in
the design of the development and individual lots, blocks or units.
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.
Page 95 of 221
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website 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 advises interested
parties to find additional information on the City's website or by emailing the Planning
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 85-1
Page 96 of 221
Page 97 of 221
Region of Waterloo
October 31, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(1) 64,
CHARLES KING STIRLING DOV CAPITAL
CORPORATION
(5) 06 QUEEN,
588 600 QUEEN STREET SOUTH DANBLO
HOLDINGS INC
(7-10) VAR KIT,
55 FRANKLIN STREET SOUTH 55 FRANKLIN
GP INCORPORATED
(11,12) VAR KIT,
52 EDGEHILL DRIVE JAMES & BEVELEY
MELLISH
Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S —
The following comments are provided:
a) There are no concerns provided the areas between the 110m sightlines
(touching the building line of westerly Tower B) and the Charles Street
roadside curb are hardscaped only and labelled on the Detailed Plans at the
Site Plan stage accordingly, as confirmed by the City and the applicant's
consultant.
Document Number: 4510494
Page 1 of 3
Page 98 of 221
b) The minor variance of the addition of a daycare facility is proposed. The
applicants are advised that a daycare facility is a noise -sensitive land use and
must be considered in the detailed noise study to assess the noise mitigation
measures and would be implemented accordingly through a registered
agreement as may be applicable for the proposed development.
2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the
proposed dwelling unit. However, the applicants are advised that the proposed
ADU would have impacts from environmental noise from traffic on Fischer -
Hallman Road (RR #58), and the owners are responsible for ensuring that the
proposed development does not have any impacts from the environmental noise
in the vicinity.
3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns
4) A 2023 - 128 — 76 Dunham Avenue — No Concerns.
5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the
proposed columns and its foundations stay within the private property without
encroaching into the Queen Street South (RR 06) right-of-way.
6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns.
7) A 2023 - 131 — 55 Franklin Street South — No Concerns.
8) A 2023 - 132 — 59 Franklin Street South — No Concerns.
9) A 2023 - 133 — 50 Elgin Avenue — No Concerns.
10)A 2023 - 134 — 54 Elgin Avenue — No Concerns.
11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns.
12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns.
2
Page 99 of 221
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(a)Kitchener. ca
3
Page 100 of 221
November 1, 2023
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Mariah Blake
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Mariah Blake,
Re: Committee of Adjustment Meeting — November 21, 2023
Applications for Minor Variance
A 2023-126 117 Ingleside Drive
A 2023-127 52 Sabrina Crescent
A 2023-128 76 Dunham Avenue
A 2023-129
600 Queen Street South
A 2023-130
55 Roxborough Avenue
A 2023-131-134
55-59 Franklin Street South & 50-54 Eighth Avenue
A 2023-135
52 Edgehill Drive
A 2023-136
52 Edgehill Drive
Applications for Consent
B 2023-041 150 Marlborough Avenue
B 2023-042 52 Edgehill Drive
via email
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 are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(o-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 101 of 221
M ETRQ LI NX
To: Kitchener Committee of Adjustment
From: Adjacent Developments GO Expansion&LRT-Third Party Projects Review - Metrolinx
Date: Novem ber 6th, 2023
Re: A 2023-128 - 76 Dunham Avenue, Kitchener
Metrolinx is in receipt of the minor variance application for 76 Dun ham Aveto facilitate an additional
parking spotto su pportthefutu re basement apartment (changing the single detached dwelling into a
duplex). Metrolinx's comments onthesubject application are noted below:
•
The su bject property is located within 300m of the Metrolinx Guelph Su bdivision which carries
Metrolinx's Kitchener GO Train service.
Conditions ofAl2proval:
As per section 3.9 of the Federation of Canadian Municipalitiesand RailwayAssociation of
Canada's Gu idelines for New Development in Proximityto Railway Operations,the Ownershall
grant Metrolinx an environmental easement for operational emissions. The environmental
easement provides clear notification to those who may acqu ire a n interest in the su bject
property and reduces the potential forfuture land use conflicts. The environ menta I easement
shall be registered on title of the su bject property. A copy of theform of easement is included
forthe Owner's information. The applicant may contact Fa rah.Faroque@metrolinx.com with
questions and to initiatethe registration process. (Itshould be noted thatthe registration
process can take u pto 6 weeks).
The Proponent shall provide confirmation to Metrolinx, thatthefollowing warning clause has
been inserted into all Development Agreements, Offers to P u rchase, and Agreements of
Purchase and Sale or Lease of each dwelling unitwithin300 metres of the Railway Corridor:
• Warning: The Applicant is advised thatthe subject land is located withinMetrolinx's300
metres railway corridorzoneofinfluence and assuch is advised that Metrolinxand its
assigns and successors in interest hasor have a right-of-way within 300 metres from the
subject land. The Applicant is further advised thatth ere maybe alterations to or
expansions of the rail or othertransitfacilities on such right-of-way in the future
includingthe possibilitythatMetrolinx orany railway entering into an agreement with
Metrolinxto use the right-of-way ortheirassigns or successors as aforesaid may expand
or altertheir operations, which expansion or alteration may affectthe environment of
the occupants in the vicinity, notwithstanding the inclusion ofany noise and vibration
attenuating measures in the design of the development and individual lots, blocks or
u nits.
Should you have any questions or concerns, please do not hesitateto contact me.
Best regards,
Farah Faroque
P roject An a lyst, Th i rd P a rty P rojects Review
Metrolinx
10 BayStreetl Toronto I Ontario I M5J 2 N8
:Xi: METROLINX 1 1
Page 102 of 221
:00: METROLINX
Form of Easement
WHEREAS the Transferor isthe owner of those lands legally described in the
Properties section of the Transfer Easementto which this Schedule is attached (the
"Easement Lands");
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and
valuable consideration, the receipt and sufficiencyof which are hereby acknowledged bythe
Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a
permanent and perpetual non-exclusive easement or right and interest in the nature of
permanent and perpetual non-exclusive easement over, under, along and upon the whole of
the Easement Lands and every partthereofforthe purposes of discharging, emitting,
releasing orventing thereon or otherwise affectingthe Easement Lands at anytime during
the day or nightwith noise, vibration and other sounds and emissions of every nature and
kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter,
electromagnetic interference and stray current but excluding spills, arisingfrom or out of, or
in connection with, any and all present and future railwayor other transit facilities and
operations upon the lands of the Transferee and including, without limitation, all such
facilities and operations presently existing and all future renovations, additions, expansions
and other changesto such facilities and all future expansions, extensions, increases,
enlargement and other changesto such operations (herein collectively called the
"Operational Emissions").
THIS Easement and all rights and obligations arisingfrom same shall extend to, be
binding upon and enure to the benefit of the parties hereto and their respective officers,
directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers,
licensees and other operators, occupants and invitees and each of its ortheir respective
heirs, executors, legal personal representatives, successors and assigns. The covenants and
obligations of each party hereto, if more than one person, shall be joint and several.
Easement in gross.
:Colt:: METROLINX 1 2
Page 103 of 221