HomeMy WebLinkAboutDSD-2024-069 - 49 Madison Avenue North - A 2024-013
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 20, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 26, 2024
REPORT NO.: DSD-2024-069
SUBJECT: Minor Variance Application A2024-013
49 Madison Avenue North
RECOMMENDATION:
That Minor Variance Application A2024-013 for 49 Madison Avenue North requesting
relief from the following sections of Zoning By-law 85-1:
i) Section 5.33 a) to permit no pedestrian entrance to the principal building from
the street line façade instead of the minimum required one (1) pedestrian
entrance on the street line facade;
ii) Section 6.1.2 a) to permit one parking space (existing) instead of the minimum
required five parking spaces (1 parking space per dwelling unit);
iii) Section 41.2.6 to permit a lot width of 14 metres instead of the minimum
required 15 metres; and
iv) Section 41.2.6 to permit a rear yard setback of 6.5 metres instead of the
minimum required 7.5 metres;
to facilitate a rear addition to the existing single detached dwelling on the subject
property to enable the conversion to a multiple dwelling containing 5 dwelling units,
generally in accordance with drawings prepared by Arhiss Architectural
Sustainability Smart Solution Studio, revised December 19, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances for a rear addition to allow the
conversion of a single detached dwelling into a multiple dwelling having 5 dwelling
units with a reduced lot width, rear yard setback, no front façade pedestrian entrance
and a parking reduction.
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.
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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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located south of Weber Street East and east of Cedar Street North
in the King East Neighbourhood. It currently contains two-storey Single Detached Dwelling
with a side yard driveway that leads to the parking space. The purpose of this application
is to allow for a rear yard addition to enable the conversion of the building into a multiple
dwelling having 5 dwelling units.
Figure 1: Location Map
Figure 2: Zoning Map
Urban
Structure and is on Map 10 King Street
East Neighbourhood Secondary
Residential Seven Zone (R-7-law 85-1.
The purpose of the application is to facilitate a three-storey rear addition to the existing
single detached dwelling to convert it to a multiple dwelling having 5 dwelling units. Minor
Variances are requested to permit:
a reduced lot width;
a reduced rear yard setback;
a reduced parking rate; one parking space instead of the minimum required five
parking spaces; and
no pedestrian entrance on the street line façade of the proposed Multiple Dwelling.
Figure 3: Excerpt of Site Plan Drawing
nd
Planning staff conducted a site inspection on Friday, February 02, 2024
Figure 4: Front view of the existing single detached dwelling
Figure 5: South side yard
Figure 6: North Side of the
existing dwelling
Figure 5: North side yard with the existing driveway
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 Medium Density Multiple Residential in the King Street East Secondary Plan permits
multiple dwellings as a permitted use up to a Maximum Floor Space Ratio of 2.0.
As per Official Plan Policy 4.C.1.8. c) New additions and modifications to existing
buildings are to be directed to the rear yard and are to be discouraged in the front yard
and side yard abutting a street, except where it can be demonstrated that the addition
and/or modification is compatible in scale, massing, design and character of adjacent
properties and is in keeping with the character of the streetscape.
The subject property is located within a Major Transit Station Area and will be
redesignated and rezoned as part of the Growing Together Project which was considered
at Planning & Strategic Initiatives Committee on January 29, 2024. The proposed OPA
and ZBA is intended to go back to Council for further consideration on March 18, 2024.
The proposal meets the intent of the Official Plan and will meet the intent of the proposed
Growing Together Official Plan Amendment.
General Intent of the Zoning By-law
-
new Zoning By-law 2019-051 as part of the Growing Together Zoning By-law Amendment.
-xisting buildings to be converted to a multiple dwelling with
4 or more dwelling units, subject only to the applicable minimum lot width, minimum lot
area, parking spaces on a driveway in the front and exterior side yard, and maximum non-
residential gross floor area of Table 6-3.
-quires a minimum lot width of 12 metres and a minimum lot area of
450 squares metres for a multiple dwelling having 5 to 10 dwelling units. The lot width of
14 metres and the lot area of 522 square metres of the subject property will meet these
new requirements.
SGA-minimum rear yard setback of 7.5 metres and the
minimum street line façade openings requirement will be 20%.
There will be no minimum parking requirement for multiple dwellings.
Lot width: The intent of the lot width regulation is to ensure that the use has sufficient
amenity space, landscaped area, fire emergency access, and parking. The subject
property has a slightly lower lot width than the required for multiple dwellings. The property
will still have sufficient amenity area in the rear yard and side yard setbacks of 1.5 metres
to allow for access to the rear yard from both sides. The lot width of the subject property
-
Rear yard setback: The intent of the rear yard setback regulation is to maintain privacy in
order to reduce the impact of overlooking in addition to creating a more aesthetically
pleasing environment and amenity space with more green space. The provided 6.5 metre
rear yard setback will still maintain privacy and provide sufficient green space and amenity
space.
Parking reduction: The intent of the regulation that requires one parking space per
dwelling unit is to ensure that adequate vehicle storage can be provided on-site. The
property is located within a Major Transit Station Area (MTSA) and is within walking
distance of Light Rail Transit. In addition, a Grand River Transit bus stop for Route 8 is
located very close to the subject property. The applicant also proposes to provide bicycle
storage to encourage the use of active transportation options. The parking reduction is in
keeping with the intent of the Growing Together proposed zoning in MTSA areas.
One pedestrian entrance at the front façade: The intent of the regulation to have one
pedestrian entrance onthe front elevation is to create an active street façade for multiple
dwellings. The front of the building is existing, and there are no changes proposed to the
front part of the existing single detached dwelling. The requirement for one pedestrian
entrance on the front façade will be replaced with a requirement for a minimum amount of
street line façade openings in the new zoning by-law. The street line façade openings of
28% will meet the mi-
Figure 8: Proposed Front Elevation
The Planning Staff is of the opinion that the requested variances meet the general intent of
the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variances to Zoning By-law 85-1 can be considered minor as the lot width,
-
requirements of Zoning By-law 2019-051.The rear yard setback is proposed to be 6.5
metres, which is only 1.0 metre less than the minimum required and will sufficiently function
in providing an appropriate setback and amenity area. Therefore, the effects of the variances
can be considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are desirable and appropriate as they will support residential intensification
Environmental Planning Comments:
As there are no natural heritage features/functions contained on the subject property and
there are no trees in area of rear yard additionEnvironmental Planning staff have no
concerns.
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the addition and change of use is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
Advisory comment: Parkland Dedication will be required for proposed residential units to
be assessed at the required Building Permit application and paid prior to the issuance of
the Building Permit. An estimate of the required parkland dedication is $15,320.00.
Transportation Planning Comments:
Transportation Services can support the requested parking variance as the variance
meets the intent of the Growing Together proposed zoning.
Region of Waterloo Comments:
There are no concerns/conditions for this application. However, the applicants are advised
that the existing and the proposed dwellings would have impacts from environmental noise
from environmental noise (transportation and stationery) in the vicinity, and the owners are
responsible for ensuring that the proposed development does not have any impacts from
the environmental noise in the vicinity.
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 h 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
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)
City of Kitchener Secondary Plan
Zoning By-law 85-1
Draft Official Plan Amendment- Growing together
Draft Zoning By-law Amendment- Growing together
January 29, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 12/ 628 NEW DUNDEE ROAD FUSION HOMES
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting February 20, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 012 628 New Dundee Road No Concerns.
2) A 2024 013 49 Madison Avenue North There are no concerns/conditions for
this application. However, the applicants are advised that the existing and the
proposed dwellings would have impacts from environmental noise from
environmental noise (transportation & stationary) in the vicinity, 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 2024 014 132 Merner Avenue There are no concerns/conditions for this
application. However, the applicants are advised that the existing and the
proposed dwellings may have impacts from environmental noise from
environmental noise from the local municipal street system in the vicinity, and the
owners are responsible for ensuring that the proposed development does not
have any impacts from the environmental noise in the vicinity.
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4) A 2024 - 015 50 Mountain Mint Crescent No concerns.
5) A 2024 - 016 962 Guelph Street 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:
Mariah Blake, City of Kitchener
CofA@Kitchener.ca
2
February 2, 2024via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMs.Blake,
Re:Committee of Adjustment Meeting February 20, 2024
Applications for Minor Variance
A 2024-012628 New Dundee Road
A 2024-01349 Madison Avenue North
A 2024-014132 Merner Avenue
A 2024-01550 Mountain Mint Crescent
A 2024-016962Guelph Street
Applicationfor Consent
B 2024-003140 Highland Road East
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