HomeMy WebLinkAboutDSD-2024-274 - 174 Wellington St N - A 2024-049
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 18, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Kirsten Hoekstra, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: June 5, 2024
REPORT NO.: DSD-2024-274
SUBJECT: Minor Variance Application A2024-049 - 174 Wellington St. N.
RECOMMENDATION:
That Minor Variance Application A2024-049 for 174 Wellington Street North
requesting relief from Section 4.12.2 i) and Section 7.3, Table 7-6, of Zoning By-law
2019-051, to permit the following:
i) A rear yard landscaped area of 24% instead of the minimum required 30%; and
ii) A front yard setback of 0.98 metres instead of the minimum required 4.5 metres;
to facilitate the conversion of a semi-detached dwelling (2 dwelling units on one lot)
into a semi-detached duplex dwelling, for a total of four (4) dwellings units on one
lot, generally in accordance with drawings prepared by Jeffrey Blackham, submitted
with Minor Variance Application A2024-049, BE APPROVED subject to the following
conditions:
1. 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.
2. 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 subject land is located within
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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.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to allow for the conversion of
an existing semi-detached dwelling (2 dwelling units), to a semi-detached duplex
dwelling (4-unit multiple dwelling) with a reduced front yard setback and a reduced
rear yard landscaped area.
The key finding of this report is that the requested minor variances meet all four 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Wellington Street North between
Weber Street West and Ahrens Street West. It currently contains a semi-detached
dwelling. Both dwelling units of the semi-detached dwelling are on one lot under one
ownership.
on Map 2 Urban Structure and is
Low Rise Residential
Low Rise Residential Five Zone (RES-5-law 2019-
051.
Figure 1 - Location of the subject property.
The purpose of the application is to allow for the conversion of an existing semi detached
with two dwelling units, to a semi-detached duplex on one lot (multiple dwelling with 4
dwelling units) having a reduced front yard setback and a reduced rear yard landscaped
area.
At the time of submission of the Minor Variance Application seven (7) variances were
requested and advertised, however By-law 2024-074 of the Enabling Four Units
now in effect, and only two variances, to amended Zoning By-law 2019-051, are required
to facilitate this application.
Staff note that 174 Wellington Street South is located within 800 metres of a Light Rail
Transit (LRT) Station Zoning By-law 2019-051.
, Zoning By-law 2019-051,
-laws 2024-065 and 2024-066. Consequently, with the proposed
amendments, the property will still be in the Central Neighbourhoods but no longer located
4 parking spaces to meet
zoning by-law requirements. The minor variance for a reduced rear yard landscaped area
is a balance between providing required parking and a sufficiently sized rear yard amenity
area.
Figure 2 Proposed Site Plan.
Figure 3 Proposed unit entrances and indoor bike storage locations.
Figure 4 Survey plan of Subject Property.
Planning Staff conducted a site visit on May 30, 2024.
Figure 5 - View 174 Wellington Street North from the street.
Figure 6 - View of the existing front yard setback.
Figure 7 - View of the existing rear yard amenity space (a).
Figure 8 - View of the existing rear yard amenity space (b).
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 Official Plan designation is to encourage the
highest range of low-density dwelling types on the widest range of lot sizes in low rise
areas. This designation encourages residential intensification and redevelopment including
additional dwelling units to respond to changing housing needs and as a cost-effective
means to reduce infrastructure and services costs. The requested reduced front yard
setback and rear yard landscaped area will facilitate the conversion of the existing semi-
detached dwelling to a semi-detached duplex (4 dwelling units) which will maintain the
general intent of the Official Plan.
General Intent of the Zoning By-law
Rear yard landscaped area: The intent of the regulation for minimum rear yard
landscaped area is to ensure adequate amenity space for residents. The existing rear yard
has a width of 15.4 metres and an approximate depth of 12.3 metres. Staff is of the
opinion that there is sufficient land to accommodate four parking spaces and an
appropriately sized amenity area. Therefore, Planning Staff are of the opinion that the
requested variance for a reduced rear yard landscaped area meets the general intent if the
Zoning By-Law.
Front yard setback: The intent of the front yard setback regulation is to ensure buildings
have a consistent setback to the property line to maintain a coherent streetscape. In this
instance the 0.98 metre front yard setback is pre-existing and there are no proposed
changes to the front yard setback. Staff notes that there is approximately 2.5 metres of
existing city owned land between the property line and the sidewalk. Further, the subject
property and its abutting properties have similar front yard setbacks to the principal
dwelling. Therefore, staff are of the opinion that the proposed setback of 0.98 metres is
and existing situation and in keeping within the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested reduction of the rear yard landscaped area is minor in nature as this
reduction will permit four rear yard parking spaces in addition to adequate amenity area.
Further, the requested front yard setback is pre-existing and there are no further proposed
changes to this setback. Staff is thus of the opinion that the effects of the variances 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 requested variances are desirable and appropriate as they
will facilitate a gentle form of intensification within the existing residential building and
utilize existing infrastructure which is a desirable and appropriate use of the land. The
Environmental Planning Comments:
No concerns due to nature of application (no apparent expansion of buildingfootprint or
site development work). Requirement for 24% rear yard landscaping looks like it will be
improvement over existing large parking area.
Heritage Planning Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and
prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 174
Wellington Street North is located within the Mount Hope/Breithaupt Neighourhood CHL.
The owner and the public will be consulted as the City considers listing CHLs on the
Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action
plans for each CHL with specific conservation options.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the two attached additional dwelling units is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comment.
Parks/Operations Division Comments:
Parkland Dedication will be required for the fourth residential unit to be paid prior to the
issuance of the Building Permit.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
GRCA Comments:
GRCA has no objection to the approval of the above application.
Metrolinx Comments:
The subject property is located within 300 metres 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:
o Warning: The Applicant is advised that the subject land is located within
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.
Region of Waterloo Comments:
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/to the proposed development.
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
May 29, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST
Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP
Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 044 160 Webster Road No concerns.
2) A 2024 - 045 3 Ivy Lane Court No concerns.
3) A 2024 - 046 59 Cartier Drive No concerns.
4) A 2024 - 047 948 Chapel Hil Court No concerns.
5) A 2024 - 048 101 Breckenridge 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.
6) A 2024 - 049 174 Wellington Street North 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/to the proposed development.
7) A 2024 - 050 51 Charles Street East No concerns.
8) A 2024 - 051 75 Charles Street East No concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ
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
Katrina Fluit, Region of Waterloo FYI only.
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June3, 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 June 18, 2024
Applications for Minor Variance
A 2024-044160 Webster Road
A 2024-0453 Ivy Lane Court
A 2024-04659 Cartier Drive
A 2024-047948 Chapel Hill Court
A 2024-048101 Breckenridge Drive
A 2024-049174 Wellington Street North
A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South
Applicationsfor Consent
B 2024-010578 Guelph Street
B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street 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
th
To:Committee of Adjustments, City of Kitchener June 18, 2024, Hearing
From:Adjacent Developments GO Expansion and LRT Third Party Projects Review -Metrolinx
rd
Date:June 3, 2024
Re:A2024-049174WellingtonStN,Kitchener
Metrolinx is in receipt of the Minor Variance application for 174 Wellington St N to facilitate the
conversion of an existing Duplex into a 4-plex dwelling. M
application are noted below:
The subject property is located within 300m of the Metrolinx Guelph Subdivisionwhich carries
Metrolinx's Kitchener GOTrain 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 foroperational 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 warningclause has been
inserted into all Development Agreements, Offers to Purchase, and Agreementsof Purchase and Sale
or Lease of each dwelling unit within 300 metres ofthe Railway Corridor:
Warning:
metres 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 the undersigned.
Best regards,
Farah Faroque
Project Analyst, Third Party Projects Review
Metrolinx
10 Bay Street | Toronto | Ontario | M5J 2N8
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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 contraryto 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 existingand 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 aboveeasement 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.
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