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Home My WebLink AboutDSD-2024-241 - 215 Morgan Ave - A 2024-034 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: May 9, 2024 REPORT NO.: DSD-2024-241 SUBJECT: Minor Variance Application A2024-034 215 Morgan Avenue RECOMMENDATION: That Minor Variance Application A2024-034 for 215 Morgan Avenue requesting relief from the following Sections of Zoning By-law 2019-051: i) Section 4.12.4 a) of Zoning By-law 2019-051, as amended by By-law 2024-074, to permit 19% of street line facade opening and no pedestrian entrance instead of the minimum 20% including one (1) pedestrian entrance to the principal building; ii) Section 4.16 a) ii) of Zoning By-law 2019-051 to permit a building to be located 10.6 metres from an active railway right-of-way instead of the minimum required 15 metres; iii) Section 5.3 e) ii) of Zoning By-law 2019-051 to permit a drive aisle of 4.8 metres adjacent to a portion of one (1) parking space instead of the minimum required 6 metres; iv) Section 5.3 e) iii) of Zoning By-law 2019-051, as amended by By-law 2024-074, to permit parking spaces and drive aisles to be located in the front yard whereas the Zoning By-law does not permit parking spaces and drive aisles to be located in the front yard; to facilitate the development of 4 additional dwelling units to a 4-unit development for a total of 8 dwelling units on the subject property, generally in accordance with drawings prepared by Design Permit Group Inc., dated December 11, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the addition of 4 units within an existing building to create an 8-unit multiple dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The key finding of this report is that the requested variances meet the 4 tests of the Planning Act. 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 and this Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the South side of Morgan Avenue between Pepperwood Crescent and Southwood Drive. Figure 1: Location Map Community Area Urban Structure and is Low Rise Residential Land Use Low Rise Residential Five Zone (RES-5-law 2019- 051. The purpose of the application is to facilitate the addition of 4 dwelling units within the existing building of an existing 4 unit building for a total of 8 dwelling units on the subject property. The units are proposed to be added by demising the existing floor space into 8 units. No building additions or new gross floor area is proposed. Figure 2: View of Subject Lands from Morgan Avenue Figure 3: View of Existing Rear Yard Setback Figure 4: View of Rear Lot Line showing CN Railway Right-of-Way and King Street East Figure 5: Proposed Site Concept 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 The intent of the Low Rise Residential designation is to permit a range of low rise residential uses, including multiple dwellings. The Low Rise Residentialdesignation encourages the mixing and integrating of different forms of housing to achieve and maintain a low rise built form. Housing policies in the Official Plan encourage the retention and rehabilitation of older housing to maintain existing housing stock, as well as encouraging small infill opportunities in existing areas with adequate services. Planning Staff are of the opinion that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Street Line Façade Openings and Pedestrian Entrance The intent of the regulation that requires multiple dwelling of up to 10 units to have 20% street line façade openings and one pedestrian entrance is to animate the streetscape with active uses and design that addresses the street. In this situation, the existing lot is irregular in shape and the portion of the lot closest to the street line is a narrow area that is comprised of only the access aisle to the parking area, with the rest of the site widening out as it gets further from the street. The existing building is located approximately 40 metres from the street line and does not represent a building street wall that strongly affects the streetscape. The requested variance will not have an immediate impact on the aesthetics or design of the streetscape due to the irregular lot shape and building location, and therefore Staff are of the opinion that the variance meets the general intent of the Zoning By-law. Railway Setback The intent of the regulation that requires dwellings to be located 15 metres from a railway right-of-way is to mitigate impacts of noise and vibration for residential uses. The requested setback of 10.6 metres represents the current location of the existing building containing 4 dwelling units. The applicant is not proposing any new additional gross floor area, and therefore there is no residential floor space proposed to be located closer to the railway right-of-way than what currently exists on site. Rather, the proposed units will be added by demising the existing floor space. The impact of noise and vibration is not expected to increase above existing levels as the dwelling building is proposed to be located in the same footprint. Therefore, Staff are of the opinion that the requested variance meets the general intent of the Zoning By-law. Drive Aisle Width The intent of the minimum drive aisle width of 6 metres is to ensure functional movement of motor vehicles on site when entering and exiting the site from the parking area. The existing parking area is irregular in shape and layout and makes the best use of the irregular lot lines at the front of the site. While the majority of drive aisle area meet and exceed the 6 metre minimum drive aisle, there exists a pinch point of 4.8 metres for one parking space due to the shape of the lot lines in that area (shown in box in Figure 5). However, the parking area contains a large area to turn around in the middle. Staff are of the opinion that functional movements of motor vehicles can occur on site with the proposed configuration. Staff are of the opinion that the requested variance meets the general intent of the Zoning By-law. Parking and Drive Aisles in the Front Yard The intent of the regulation that prohibits parking and drive aisles in the front yard of multiple dwellings is to ensure that the streetscape is activated with built form that provides visual interest, rather than automobile storage. In this situation, the existing building is located 40 metres from the street line and is obscured due to the irregular shape lot at the front. The parking area has existed in front of the building since its construction, and it is not feasible to relocate behind the building given the existing building placement. The the street and public realm, as there is only enough space for an access aisle. Staff note that the majority of parking spaces are obscured from the street in private garages or behind a vegetative buffer. Planning Staff is of the opinion that requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The applicant is not proposing any additional building floor area as part of the proposed addition of 4 units, nor is any expansion of asphalt parking area proposed. The changes are proposed to occur within the building, and Staff do not expect any adverse effects on the adjacent lands or surrounding neighbourhood as a result of the requested variances. Therefore, Staff are of the opinion that the requested variances are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The lands are zoned for multiple dwellings in a low rise form. The applicant is proposing to increase the number of units on site without demolition of the existing building or construction of any additions. Staff are of the opinion that the variances are desirable for the use of the building and lands. Environmental Planning Comments: No tree management or natural heritage concerns. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the 4 additional residential buildings are obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No Engineering comment. Parks/Operations Division Comments: Parkland Dedication will be required for the proposed fifth to eighth residential units to be paid prior to the issuance of the Building Permit. Transportation Planning Comments: Transportation Services can support the 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 This report has been 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 interested parties to find addi 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 Concept Plan May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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