HomeMy WebLinkAboutDSD-2024-146 - 172 Kehl St - A 2024-031
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 16, 2023
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD INVOLVED: Ward 9
DATE OF REPORT: April 4, 2024
REPORT NO.: DSD-2024-146
SUBJECT: Minor Variance Application A2024-031 - 172 Kehl Street
RECOMMENDATION:
A. That Minor Variance Application A2024-031 for 172 Kehl Street requesting relief
from the following sections of Zoning By-law 2019-051:
i) Relief from Section 5.3 e) i) to permit a parking lot to be set back 0 metres
from a side lot line instead of the minimum required 1.5 metres;
ii) Relief from Section 7.3, Table 7-5 to permit a minimum lot width of 15.2
metres instead of the minimum required 19 metres;
iii) Relief from Section 7.3, Table 7-5 to permit a minimum interior side yard to
the south of 2.6 metres instead of the minimum required 4.5 metres;
iv) Relief from Section 7.3, Table 7-5 to permit an increase in the maximum
permitted Floor Space Ratio from 0.6 to 0.75; and
v) Relief from Section 7.3, Table 7-5 to permit a building height of 10.1 metres
instead of the maximum permitted 9 metres;
to facilitate the development of a block of 5 cluster townhouse dwelling units,
generally in accordance with the Site Plan and Elevation Drawings prepared by
Masri O Inc. Architects, dated October 30, 2023 and last revised March 11, 2024,
attached to Report DSD-2024-146, except for the second storey decks and the
visitor designation of the barrier-free parking space, BE APPROVED.
B. That Minor Variance Application A2024-031 for 172 Kehl Street requesting relief
from Section 4.14.4 a) of Zoning By-law 2019-051 to permit decks in the interior
side yard to have a setback of 0.95 metres, whereas the By-law requires that all
decks meet the setback regulations required for the building in the applicable
zone (i.e., 4.5m, in this case), to facilitate the development of a block of 5 cluster
townhouse dwelling units, generally in accordance with the drawings prepared
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
by Masri O Inc. Architects, dated October 30, 2023 and last revised March 11,
2024, attached to Report DSD-2024-146, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of Variances 1 through 5 and to
refuse Variance 6.
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
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 the east side of Kehl Street, between Hoffman Street
and Ottawa Street South, in the Southdale Planning Community. The subject property has
an approximate width of 15.3 metres, a depth of 53.9 metres, and an area of 820 square
metres.
The property is located directly opposite Queen Elizabeth Public School and is developed
with a single detached dwelling that was constructed in approximately 1955. The
properties on Kehl Street, to the north and south, are developed with single detached and
semi-detached dwellings. The lands to the southeast are zoned for low density residential
uses and contain a cluster townhouse complex. The lands to the northeast contain
primarily low-rise multiple dwellings.
The subject property is identified as Community Areas on Map 2 Urban Structure of the
2014 Official Plan and is designated Low Rise Residential. It should be noted that the
properties immediately to the east are located within a Major Transit Station Area (Mill
Station) as identified within Regional Official Plan Amendment 6. The property is zoned
Low Rise Residential Five Zone (RES-5) in Zoning By-law 2019-051.
Development & Housing Approvals (DHA) staff visited the subject property on March 20,
2024. At that time, staff noted several recent multiple residential redevelopments in the
surrounding neighbourhood.
The applicant is proposing to demolish the single detached dwelling and construct a 3-
storey, 5-unit cluster townhouse development. The townhouses would be oriented
perpendicular to Kehl Street and each townhouse would have its own garage. A small
parking area would be located at the rear of the property.
To facilitate the proposed development, the applicant is requesting six (6) minor variances
from Zoning By-law 2019-051, as follows:
1. Relief from Section 5.3 e) i) to permit a parking lot to be set back 0 metres from a side
lot line instead of the minimum required 1.5 metres;
2. Relief from Section 7.3, Table 7-5 to permit a minimum lot width of 15.2 metres
instead of the minimum required 19 metres;
3. Relief from Section 7.3, Table 7-5 to permit a minimum interior side yard to the south
of 2.6 metres instead of the minimum required 4.5 metres;
4.Relief from Section 7.3, Table 7-5 to permit an increase in the maximum permitted
Floor Space Ratio (FSR) from 0.6 to 0.75;
5. Relief from Section 7.3, Table 7-5 to permit a building height of 10.1 metres instead of
the maximum permitted 9 metres; and
6. Relief from Section 4.14.4a) to permit decks in the interior side yard to have a setback
of 0.95m, whereas the By-law requires that all decks meet the setback regulations
required for the building in the applicable zone (i.e., 4.5m, in this case).
As a result of changes to provincial legislation, since the proposed development comprises
less than 10 dwelling units, a Site Plan Application is not required.
Figure 1: Photo of existing dwelling (at left), taken from Kehl Street.
REPORT:
Figure 2: Subject Property (outlined in red).
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 Official Plan contains several policies that are relevant to the requested variances, for
example:
13.C.8.4. All parking areas or facilities will be designed, constructed and
acceptable parking areas which blend into the general environment of the area.
15.D.3.3. To support the successful integration of different housing types,
specifically multiple residential developments, through new development /
redevelopment and/or residential intensification, within lands designated Low Rise
Residential, Medium Rise Residential or High Rise Residential, the City will apply
design principles in accordance with the Urban Design Policies in Section 11. An
emphasis will be placed on: a) compatibility of building form with respect to
massing, scale, design; b) the relationship of housing to adjacent buildings, streets
and exterior areas; c) adequate and appropriate parking areas are provided on site;
and, d) adequate and appropriate amenity areas and landscaped areas are
provided on site.
15.D.3.4. All new residential buildings, additions and/or modifications to existing
residential buildings and conversions in predominantly low density neighbourhoods
should be compatible with and respect the massing, scale, design and physical
character of the established neighbourhood and have both appropriate landscaped
areas and parking areas provided on site.
15.D.3.11. A maximum Floor Space Ratio of 0.6 will apply to all development and
redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio
of 0.75 may be considered where it can be demonstrated that the increase in the
Floor Space Ratio is compatible and meets the general intent of the policies in this
Plan. An Official Plan Amendment will be required to consider an increase in the
Floor Space Ratio greater than 0.75.
4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested,
proposed or required to facilitate residential intensification or a redevelopment of
lands, the overall impact of the special zoning regulation(s) or minor variance(s) will
be reviewed, but not limited to the following to ensure, that:
a) Any new buildings and any additions and/or modifications to existing
buildings are appropriate in massing and scale and are compatible with the
built form and the community character of the established neighbourhood
and will have regard to Section 11 of this Plan, the City's Urban Design
Manual, and any site-specific Urban Design Brief or Urban Design Report
and Urban Design Scorecard.
d) New buildings, additions, modifications and conversions are sensitive to the
exterior areas of adjacent properties and that the appropriate screening
and/or buffering is provided to mitigate any adverse impacts, particularly with
respect to privacy.
e) The lands can function appropriately and not create unacceptable adverse
impacts for adjacent properties by providing both an appropriate number of
parking spaces and an appropriate landscaped/amenity area on the site.
f) The impact of each special zoning regulation or variance will be reviewed
prior to formulating a recommendation to ensure that a deficiency in the one
zoning requirement does not compromise the site in achieving objectives of
compatible and appropriate site and neighbourhood design and does not
create further zoning deficiencies.
4.C.1.9. Residential intensification and/or redevelopment within existing
neighbourhoods will be designed to respect existing character. A high degree of
sensitivity to surrounding context is important in considering compatibility
Development & Housing Approvals (DHA) staff is of the opinion that Variance 1, for a
parking space setback reduction, meets the general intent of the Official Plan (OP). The
view of the parking lot will be mitigated by a 1.8-metre-high visual barrier and the parking
spaces themselves will be set back 1.5 metres. The parking area will be aesthetically
acceptable. Also, Transportation Services does not have concerns with the requested
parking space setback reduction. Safety is not a concern.
DHA staff is of the opinion that Variances 2 through 5 meet the general intent of the OP.
The variances lot width, side yard setback, floor space ratio, and building height will result
in development that is compatible with the adjacent uses with respect tomassing, scale,
and design. A common amenity space will help compensate for the reduced area of
private amenity space at the rear of the units (within the side yard). An FSR up to the
requested 0.75 is justified since the increase is compatible and meets the intent of the OP,
noting that the development proposes the facilities necessary to support the proposed use
(e.g., parking, landscaped areas, amenity space).
However, DHA staff is of the opinion that Variance 6 does not meet the general intent of
the OP. This variance would facilitate the construction of second storey decks attached to
the rear of each townhouse unit, within 0.95 metres of the southerly side lot line. Staff is
concerned that this would result in an amenity space that is not sensitive to the exterior
areas of adjacent properties, particularly the property to the south (176 Kehl Street). Staff
is concerned that the requested setback reduction will not provide sufficient buffering to
the side and rear yards of the abutting single detached dwelling and will negatively impact
upon privacy. It should be noted that there is a slight grade difference (0.6 - 0.7 metres)
between the subject property and 176 Kehl Street, as shown in Figure 3, below. This
grade difference would result in the second storey decks being slightly higher than if the
grading was the same for both properties. This may exacerbate the privacy / buffering
issue.
Figure 3: Photo showing the grade change between the subject property (dwelling is
partially shown at left) and the single detached dwelling to the south, addressed as
176 Kehl Street (dwelling is fully shown,at centre).
General Intent of the Zoning By-law
Regarding Variance 1, the purpose of the zoning regulation to require a 1.5 metre parking
lot setback is to ensure adequate buffering between parking areas and side/rear yards of
adjacent properties, including for urban design purposes. In this case, the parking area in
question comprises only two parking spaces and the spaces themselves maintain the 1.5
setback. Only the drive aisle that is part of this parking area does not maintain the setback.
Also, a fence will be provided to screen the drive aisle and parking area from the adjacent
property. DHA staff is of the opinion that this variance meets the general intent of the
Zoning By-law (ZBL).
With respect to Variances 2 through 5, the purpose of the regulations for which relief is
sought is to ensure that the facilities necessary to support the proposed use are provided,
adequate buffering is provided, and character and compatibility are maintained. In this
case, the necessary facilities are adequately provided (e.g., parking, landscaping, amenity
space), adequate setbacks are provided considering the low-rise nature of the proposal,
and the FSR and building height are appropriate since the variances will not result in
compatibility issues. DHA staff is of the opinion that these variances meet the general
intent of the ZBL.
Regarding Variance 6, the purpose of the regulation for a deck setback is to ensure that
buffering and privacy are maintained between outdoor amenity spaces and adjacent
properties. In this case, the requested variance would permit a second storey deck to be
constructed less than one metre from the side lot line. Privacy will be adversely impacted.
DHA staff is of the opinion that this variance does not meet the general intent of the ZBL.
Are the Effects of the Variances Minor?
DHA staff is of the opinion that Variances 1 through 5 are minor, meaning that they will not
cause unacceptably adverse impacts on adjacent properties. As aforementioned, the
proposed development would provide the facilities necessary to support the proposed use,
and character and compatibility would be maintained. However, staff is of the opinion that
Variance 6 will result in adverse impacts on the abutting property addressed as 176 Kehl
Street, especially the rear yard amenity area. This variance is not minor.
Are the Variances Desirable for the Appropriate Development or Use of the Land, Building
and/or Structure?
DHA staff is of the opinion that Variances 1 through 5 are desirable for the appropriate
development of the land. These variances will permit the land to be redeveloped at a
higher density, while remaining compatible with and sensitive to the surrounding land
uses. However, staff is of the opinion that Variance 6 is not desirable for the appropriate
development of the structure. This variance will permit the construction of two-storey
decks that will result in privacy issues with the abutting property to the south.
Planning Conclusion:
Variances 1 through 5 meet the four tests for minor variances, under the Planning Act.
Accordingly, DHA staff recommends approval.
However, Variance 6 does not meet the four tests and should be refused.
Environmental Planning Comments:
The proposed development may negatively impact trees on or near the property line with
164 Kehl Street. Any building and/or structure should be located beyond the dripline of
tree(s).
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the new townhouse 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:
As site plan approval is not required for a residential development with 10 units or fewer,
Parkland Dedication will be assessed at a future building permit application and required
prior to building permit issuance.
There is an existing City-owned street trees located on Kehl St that will be impacted by
future demolition, servicing and construction. If this tree cannot be protected to City
standards throughout construction as per Chapter 690 of the current Property
Maintenance By-law, full compensation and replacement is expected. A Tree Protection
and Enhancement Plan (TPEP) will be required as part of a Building Permit application,
please see Urban Design Manual Part C, Section 13 and
www.kitchener.ca/treemanagement .
Transportation Planning Comments:
Transportation Services have no concerns with this application. However, as part of this
submission, drawing A1.1 notes the one required barrier free (BF) parking space as visitor.
This is not supportable as the one BF space cannot be assigned as visitor parking.
\[Development & Housing Approvals staff note: For this proposal, 1 parking space per unit
is required for a total of 5 spaces (provided within private garages) plus 1 visitor space and
1 barrier-free space (both of which are provided in the rear parking lot). Transportation
Services staff further advises that if the one visitor space is retained as is and the visitor
designation is removed from the barrier-free space, the issue is resolved. The applicant is
advised that the parking should be revised, accordingly.\]
Region of Waterloo:
No concerns.
Grand River Conservation Authority:
No objections.
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
ATTACHMENTS:
Attachment A - Site Plan and Elevation Drawings prepared by Masri O Inc. Architects,
dated October 30, 2023.
Attachment A Site Plan and Elevation Drawings prepared by Masri O Inc.
Architects, dated October 30, 2023.
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