HomeMy WebLinkAboutDSD-2024-175 - 423 Edwin Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Ryan Hammond, Student Planner, 519-741-2200 ext. 7074.
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: April 3, 2024
REPORT NO.: DSD-2024-175
SUBJECT: Minor Variance Application A2024-023 423 Edwin Street
RECOMMENDATION:
That Minor Variance Application A 2024-023 for 423 Edwin Street requesting relief
from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit a required parking
space to be located 2.3 metres from the street (property) line instead of the
minimum required 6 metres, to recognize the existing parking configuration to
permit the construction of an Additional Dwelling Unit (ADU) (Attached), to facilitate
the conversion of Single Detached Dwelling into a Duplex, 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 property and this
Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the northerly side of Edwin Street between Bridgeport
East and Downey Street. It is currently being used as a single detached dwelling.
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Figure 1: Aerial View of 423 Edwin Street
Urban Structure and is
Four Zone (RES-4-law 2019-
051.
The purpose of the application to allow for one required parking space on the driveway, to
be located 2.3 metres from the front lot line. This is to allow for a single detached dwelling
with one additional attached dwelling unit.
2024, and
adopted By-law 2024-074 amending Zoning By-law 2019-051. The amendments to Zoning
By-law 2019-051 will become effective March 25, 2024, pending the approval of Official
Plan Amendment No. 47 and no appeals of either OPA No. 47 and By-law 2024-074.
Zoning By-law 2019-051 to facilitate this conversion. However, the applicant did not want
to wait given the uncertainty of the timelines as to when these amendments would come
into full force and effect.
Staff conducted a visit to 423 Edwin Street on April 2, 2024
Figure 2: Front View of 423 Edwin Street
Figure 3: Survey with Parking Plan
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
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 will facilitate a duplex dwelling use of the property and
accordingly will maintain the general 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, for a driveway to meet zoning
requirements, so that having two parking spaces side by side near the front lot line does
not dominate the property frontage or the streetscape.
ng spaces, where there is no attached
garage, will be required to be located 0.5 metres from the street (front property) line.
The minor variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variance to permit the required parking space to be less than 6 metres from the street
line can be considered minor as there is adequate area to provide the minimum of two
parking spaces, side by side, on the existing driveway. 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 variance is desirable and 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 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:
No concerns.
Parks/Operations Division Comments:
No comments or concerns.
Transportation Planning Comments:
No comments or concerns.
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 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
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
March 27, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (2) VAR KIT/ 101 CLIVE ROAD 12134225 CANADA INC.
Kitchener, ON N2G 4G7 (3) 58 KIT/ 1187 FISCHER HALLMAN ROAD SCHLEGEL
URBAN DEVELOPMENT
(5) VAR KIT/ 610 WABANAKI DRIVE ELEMENTARY
TEACHERS FEDERATION OF ONTARIO
(10) VAR KIT / 55 TRILLIUM PARK PLACE
PATTERSON PLANNING CONSULTANTS
Subject: Committee of Adjustment Meeting April 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 023 423 Edwin Street No concerns.
2) A 2024 - 024 101 Clive Road No concerns.
3) A 2024 - 025 1187 Fischer Hallman Road No concerns.
4) A 2024 - 026 58 & 60 Ellen St E and 115 Lancaster St E No concerns.
5) A 2024 - 027 610 Wabanaki Drive No concerns.
6) A 2024 - 028 54 Franklin St S No concerns.
7) A 2024 - 029 59 Van Camp Avenue No concerns.
8) A 2024 - 030 109 Ingleside Drive No concerns.
9) A 2024 - 031 172 Kehl Street No concerns.
10) A 2024 - 032 55 Trillium Park Place No concerns.
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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
April 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 April 16, 2024
Applications for Minor Variance
A 2024-023423 Edwin Street
A 2024-024101 Clive Road
A 2024-0251187 Fischer Hallman Road
A 2024-02658 & 60 Ellen Street East, 115 Lancaster Street East
A 2024-027610 Wabanaki Drive
A 2024-02854 Franklin Street South
A 2024-02959 Van Camp Avenue
A 2024-030109 Ingleside Drive
A 2024-031172 Kehl Street
A 2024-03255 Trillium Park Place
Applicationsfor Consent
B 2024-006103 & 105 Dalegrove Drive
B 2024-007137 QueenStreet South
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 41/24and,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