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Home My WebLink AboutDSD-2024-115 - 167 Forfar Avenue - A 2024-022 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 19, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals, 519-741-2200 ext. 7765 PREPARED BY: Ryan Hammond, Student Planner, 519-741-220 ext. 7074 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: March 6, 2024 REPORT NO.: DSD-2024-115 SUBJECT: Minor Variance Application A2024-022 - 167 Forfar Avenue RECOMMENDATION: That Minor Variance Application A2024-022 for 167 Forfar Avenue requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit a required parking space to be located 0 metres from the street (property) line instead of the minimum required 6 metres to allow the development of an Additional Dwelling Unit (ADU) (Attached) to facilitate the conversion of Single Detached Dwelling into a Duplex, generally in accordance with drawings prepared by Shivang Tarika, dated October 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application for parking to permit a conversion from a Single Detached Dwelling to a Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached) (Duplex). The key finding of this report is that the minor variance meets the four tests of the Planning Act. There are not any 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 advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the North side of Forfar Avenue and is currently used as a single detached dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Aerial View of 167 Forfar Avenue 167 Forfar Avenue Urban Structure and is --law 2019- 051. The purpose of the application is to allow the legal parking space to be located in the driveway instead of in the attached garage. This is to facilitate the development of an entrance and stairwell to the basement in the attached garage and additional dwelling unit in the basement of the single detached dwelling. With this basement entrance, the dimensions of the interior of the attached garage will not meet the minimum zoning requirements for a parking space within a building. Staff conducted a visit to 167 Forfar Avenue on March 6, 2024. Figure 2: Front View of 167 Forfar Avenue Figure 3: Site Plan REPORT: Planning Comments: The following comments consider 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. General Intent of the Official Plan 167 Forfar Avenue intent of this land use designation is to encourage residential intensification and redevelopment which includes additional dwelling units in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and services costs by minimizing land consumption and making better use of existing community infrastructure. The proposed parking variance to permit the conversion of the building from a single dwelling to a duplex dwelling maintains the low rise residential built form of the neighbourhood. It is the opinion of staff that the requested parking variance meets the intent of the Official Plan. General Intent of the Zoning By-law The zoning regulation for one (1) of the two (2) required parking spaces for a duplex use to be located a minimum distance of 6 metres from the front lot line is to ensure that there is sufficient parking for a duplex use should the site only have tandem parking (which is permitted for the use). As well, it ensures that the parking spaces are not all located 0 metres from the street line which could result in vehicles dominating the streetscape. For the subject property, there is sufficient lot width (the width of the driveway meets the Zoning By-law) so that having two parking spaces side by side near the front lot line does not dominate the property frontage or the streetscape. The variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The request to have the parking space variance can be considered minor as there is adequate area to provide the minimum of two parking spaces on the existing driveway which meet zoning The location of the required parking space, 0 metres from the front property line, will not negatively impact the streetscape or pedestrian movement as there is no public sideway on this side of the street. The effects of this variance will be minor. Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the parking variance is desirable appropriate as it will facilitate a gentle form of intensification within the existing building, utilize existing infrastructure and Environmental Planning Comments: No comments. Heritage Planning Comments: No heritage comments. 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 duplex. Engineering Division Comments: Engineering has no concerns. Parks/Operations Division Comments: No comments or concerns. Transportation Planning Comments: Transportation Services can support the proposed Minor Variance application. 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 of the council / committee meeting. A notice sign was put on the property advising that a Committee of Adjustment application has been received. The sign advises interested 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 February 26, 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 March 19, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 017 31 Belmont Avenue West 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 (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. 2) A 2024 018 351 Blucher Boulevard 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 stationary noise sources 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 019 50 Falconbridge Drive No concerns. 4) A 2024 - 020 499 Forest Hill Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 5) A 2024 - 021 132 Dalewood Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЊЌЍЊЍ tğŭĻ Њ ƚŅ Ћ located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 022 167 Forfar 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 (road traffic & Railway, and 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. 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 March 7, 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 March 19, 2024 Applications for Minor Variance A 2024-01731 Belmont Avenue West A 2024-018351 Blucher Boulevard A 2024-01950 Falconridge Drive A 2024-020499 Forest Hill Drive A 2024-021132Dalewood Drive A 2024-022167 Forfar Avenue Applicationsfor Consent B 2024-004546-548 Peach Blossom Court B 2024-005680 Frederick Street 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 To: Kitchener - Committee of Adjustment From: Adjacent Developments GO Expansion & LRT - Third Party Projects Review - Metrolinx Date: March 8, 2024 Re: A 2024-022 167 Forfar Ave, Kitchener Metrolinx is in receipt of the Minor Variance application for 167 Forfar Ave to facilitate the conversion of the single detached dwelling into a single detached dwelling with an additional dwelling unit in the ication are noted below: The subject property is located within 300m 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.Faroque@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: Warning: The Applicant is advised that the subj 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. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street | Toronto | Ontario | M5J 2N8 1 Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to 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 sufficiency of which are hereby acknowledged by the 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 a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night (provided that doing so is not contrary to law applicable to Metrolinx) with 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, arising from or out of, or in connection with, any and all present and future railway or 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 changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations. THIS Easement and all rights and obligations arising from the above easement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, tenants, sub-tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of a party hereto, if such party comprises more than one person, shall be joint and several. Easement in gross. 2