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Home My WebLink AboutDSD-2024-079 - 132 Merner Avenue - A 2024-014 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: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: February 7, 2024 REPORT NO.: DSD-2024-079 SUBJECT: Minor Variance Application A2024-014 132 Merner Avenue RECOMMENDATION: That Minor Variance Application A2024-014 for 132 Merner Avenue requesting relief from the following Sections of Zoning By-law 2019-051: i) Section 4.12.2 e) to permit a lot width of 12.8 metres instead of the minimum required 13.1 metres; ii) Section 5.3.1, Table 5-1 to permit a required parking space to be 5.2 metres in length instead of the minimum required length of 5.5 metres; iii) Section 5.3.3 a) ii) to permit two required parking spaces to be located 5.2 metres from the street (property) line instead of the minimum required 6 metres; iv) Section 7.3, Table 7-2 to permit an exterior side yard setback of 1.5 metres instead of the minimum required 4.5 metres, an interior side yard setback of 1.07 metres instead of the minimum 1.2 metres and a rear yard setback of 4.3 metres instead of the minimum required 7.5 metres; to facilitate the conversion of a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU) (Attached) to a Single Detached Dwelling with two (2) Additional Dwelling Units (ADU) (Attached), for a total of 3 dwelling units on the subject property, generally in accordance with drawings prepared by Southwood Homes Architectural Design, December 21, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances to facilitate the conversion of an existing single detached dwelling with an attached additional dwelling unit (duplex dwelling) to a single detached dwelling with 2 attached additional dwelling units, for a total of 3 dwelling units on the property. There are no financial implications. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 re Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located at the corner of Merner Avenue and Krug Street. The subject lands are surrounded by low rise residential uses. Figure 1: Subject property 132 Merner Avenue Community Area Urban Structure and is Low Rise Residential Land Use in Low Rise Residential Four Zone (RES-4-law 2019- 051. The purpose of the application is to facilitate the conversion of an existing single detached dwelling with one attached additional dwelling unit (duplex dwelling) to a single detached dwelling with 2 attached additional dwelling units, for a total of 3 dwelling units on the subject property. The conversion is within the existing building footprint and no additional building expansions are proposed. The variances are required for the required parking spaces and their location and to the building setbacks all to recognize existing conditions. here has not been a history of neighbouring complaints. Figure 2: Proposed parking layout Figure 3: Side view of 132 Merner Avenue (Krug Street Side) Figure 4: Front view of 132 Merner Avenue 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 designated Low Rise Residential designation permits low density forms of housing such as single detached dwellings with two attached dwelling units. The proposed variances meet the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. The proposed variance conforms to the designation, and it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Parking location and size The intent of the parking regulation to permit only one parking space with 6.0 metres of the street line, is to ensure that the side yard does not primarily function as a parking area, and that there is adequate separation from the street line to accommodate vehicles without impacting or impeding pedestrian use of the sidewalk right of way. The parking area is currently within an existing garage which is located 5.2 metres from the side lot line. There are no proposed changes to the existing garage which has existed without issues. The intent of the parking regulation for the size of a parking space to be 5.5 metres in length is to ensure that the parking space can accommodate the majority of vehicle sizes. The reduced length of 5.2 metres will still accommodate a wide variety of vehicle sizes without encroaching into the right of way. Staff is of the opinion that the variances for parking meet the general intent of the Zoning By-Law. Lot width The general intent of the minimum lot width requirement of 13.1 metres is to ensure that there is adequate space for required parking, emergency access, setbacks and amenity space on the lot. Staff is of the opinion that the proposed lot width of 12.8 metres meets the general intent of the By-law, as there are no changes to the existing footprint of the building. Rear and side yard setbacks The general intent of the minimum rear yard setback of 7.5 metres, exterior side yard setback of 4.5 metres, and interior side yard setback of 1.2 metres is to ensure there is adequate space for access, amenity space and provide adequate separation to the adjacent properties. There are no planned expansions of the existing building that is currently on the lot. All of the renovations proposed to add an additional unit within the property are interior to the building. The existing conditions of the property indicate that there have been no concerns with how the property functions currently. Staff are of the opinion that the proposed reduction in rear yard to 4.3 metres, exterior side yard to 1.5 metres and interior side yard of 1.07 metres all meet the general intent of the Zoning By- law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor as the variances will legalize and existing condition with no additions to the building and help provide increased density within the existing neighbourhood. The proposed variances will not present any significant impacts to adjacent properties or the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variance is desirable and appropriate for the development and use of the land as its approval will facilitate the addition of an additional dwelling unit within an existing building, which is permitted and will contribute to the neighbourhood housing stock and the Environmental Planning Comments: No environmental planning concerns. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the change of use to a triplex and is currently under review. Engineering Division Comments: No engineering division concerns. Parks/Operations Division Comments: No concerns or comments. Transportation Planning Comments: Transportation Services have no concerns with the reduced parking setback being requested, going from the required 6.0 metres to 5.2 metres. Also, as this is an existing condition, Transportation Services have no concerns with the reduced parking space length being requested, going from the required 5.5 metres to 5.2 metres. Region of Waterloo Comments: 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. 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 dvance 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 ailing 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 2019-051 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎВЊЏЎВ tğŭĻ Њ ƚŅ Ћ 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