HomeMy WebLinkAboutDSD-2024-319 - A 2024-054 - 124 Woolwich Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
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 1
DATE OF REPORT: July 2, 2024
REPORT NO.: DSD-2024-319
SUBJECT: Minor Variance Application A2024-054 - 124 Woolwich Street
RECOMMENDATION:
That Minor Variance Application A2024-054 for 124 Woolwich Street requesting
relief from the following Sections of Zoning By-law 2019-051:
i) Section 5.3.3 b) i) to permit parking spaces to be located within the front yard,
whereas the Zoning By-law does not permit parking spaces in the front yard;
ii) Section 7.3, Table 7-6 to permit an interior side yard setback of 2.5 metres
instead of the minimum required 3 metres;
iii) Section 7.3, Table 7-6 to permit a rear yard setback of 5.5 metres instead of
the minimum required 7.5 metres; and
iv) Section 7.3, Table 7-6 to permit a Floor Space Ratio (FSR) of 0.75 instead of
the maximum permitted 0.6;
to facilitate the development of two stacked townhouse buildings, consisting of 44
dwelling units in total (22 units per building), in accordance with conditionally
approved Site Plan Application SP23/085/W/AP, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of all requested variances.
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 re
Committee of Adjustment meeting.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
It should be noted that the subject property fronts onto Woolwich Street, which is within the
boundary of the City of Waterloo. However, the subject propertyitselfis located within the
City of Kitchener.
The subject property is located on the southeast side of Woolwich Street, between Bridle
Trail and Exmoor Street (both on the City of Waterloo side of Woolwich Street), in the
Bridgeport North Planning Community. The subject property is irregular in shape and has
an approximate width of 20.8 metres, a depth of 137 metres, and an area of 5,826 square
metres. The property contains a single detached dwelling that was constructed in
approximately 1925. Development and Housing Approvals staff visited the site on June 28,
2024.
Urban Structure of the
2014 Official Plan
Rise Residential Five Zone (RES--law 2019-051.
The property immediately to the northeast is currently under construction with a 3-storey,
31 dwelling unit stacked townhouse development, comprising one multiple dwelling (132
Woolwich Street). The property immediately to the southwest (104 Woolwich Street) is the
subject of Site Plan Application SP24/042/W/AP, which proposes a low rise, 50-unit
stacked townhouse development, comprising three multiple dwellings. The surrounding
neighbourhood, both on the Waterloo and Kitchener sides of Woolwich Street, is
comprised low density residential land uses.
The subject property is the subject of Site Plan Application SP23/085/W/AP, which
proposes a stacked townhouse (multiple dwelling) development with 44 dwelling units (two
buildings comprising 22 units each). The existing single detached dwelling is proposed to
be demolished to facilitate the proposed redevelopment. The Site Plan Application
received conditional approval (with a red-lined drawing) on May 3, 2024 (see Attachment
A), subject to several conditions, including the following:
Prior to Site Plan Approval, the Owner shall apply for and obtain approval of a Minor
Variance Application for all zoning deficiencies, and the variances shall be in full force
Director of Development and Housing
Approvals.
The purpose of the subject application is to fulfill this condition. In this regard, the applicant
is requesting the following relief from Zoning By-law 2019-051, to facilitate conditionally
approved Site Plan Application SP23/085/W/AP:
i) Section 5.3.3 b) i) to permit parking spaces to be located within the front yard,
whereas the Zoning By-law does not permit parking spaces in the front yard;
ii) Section 7.3, Table 7-6 to permit an interior side yard setback of 2.5 metres instead of
the minimum required 3 metres;
iii) Section 7.3, Table 7-6 to permit a rear yard setback of 5.5 metres instead of the
minimum required 7.5 metres; and
iv) Section 7.3, Table 7-6 to permit a Floor Space Ratio of 0.75 instead of the maximum
permitted 0.6.
Figure 1: Photo of existing single detached dwelling (at center) on the subject
property, taken from the opposite side of Woolwich Street. The stacked townhouses
under construction (at left) are located immediately northeast of the subject lands
(132 Woolwich Street).
Figure 2: Subject Property (outlined in red).
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 Official Plan contains several policies that are relevant to the requested variances, for
example:
Variance i): 13.C.8.4. All parking areas or facilities will be designed, constructed
result in aesthetically acceptable parking areas which blend
into the general environment of the area.
Variances ii) through iv):
o 4.C.1.7. The City may require a site plan, elevation drawings, cross-sections,
landscaping plans and any other appropriate plans and/or studies, to support
and demonstrate that a proposed development or redevelopment is
compatible with respect to built form, landscaping, screening and/or
buffering, conforms to zoning, and provides for a healthy, safe, accessible
and sustainable building and site design. These requirements are intended
to address the relationship to adjacent residential development, to ensure
compatibility with the existing built form and the community character of the
established neighbourhood and to minimize adverse impacts.
o 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
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,
Variance iv): 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.
Development & Housing Approvals (DHA) staff is of the opinion that Variance i), to permit
parking spaces to be located within the front yard, meets the general intent of the Official
Plan (OP). The lot is irregularly shaped, with a narrow (20.8 metre) lot width at Woolwich
Street, which widens to approximately 68 metres, 46 metres away from Woolwich Street.
At this point, the property begins to taper towards the rear lot line. DHA staff understands
that it is not possible for the owner to acquire additional frontage from adjacent properties
to make the property more rectangular, since the property from which this frontage would
need to come (i.e., 132 Woolwich Street) is subject to a separate site plan application that
is further along in the development process. In this regard, to redevelop the property in an
efficient manner, the owner is proposing to locate parking at the front of the property,
where the lot width is narrowest, and to locate the dwellings farther from Woolwich Street,
where the lot width is greatest. To mitigate the visual impacts of parking located close to
the street, the owner is proposing two small, landscaped areas between the parking and
the street. These landscaped areas would comprise plantings / sod and would contain
mailboxes. In this context, the parking area will be aesthetically acceptable. Also,
Transportation Services does not have concerns with the requested parking space
location. Safety is not a concern.
DHA staff is of the opinion that Variances ii) through iv) meet the general intent of the OP.
The variances for side yard setback, rear yard setback, and floor space ratio will result in
development that is compatible with the adjacent uses with respect to massing, scale, and
design. 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 proposal for low rise development includes the
facilities necessary to support the proposed use (e.g., parking, landscaped areas, amenity
space).
General Intent of the Zoning By-law
Regarding Variance i), the purpose of the zoning regulation to prohibit parking between
the street and the building is to ensure an aesthetically pleasing streetscape by
encouraging street-oriented buildings. In this case, due to the irregular lot shape and
narrow lot width, it would be difficult to maximize the development potential of the property
if a building was placed close to the street. The proposal seeks to maximize the use of the
front portion of the property by incorporating the drive aisle and parking spaces in this
area. As mentioned above, two small, landscaped areas at the front of the property will
assist in mitigating visual impacts. DHA staff is of the opinion that this variance meets the
general intent of the Zoning By-law (ZBL).
With respect to Variances ii) through iv), 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 is 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.
Are the Effects of the Variances Minor?
DHA staff is of the opinion that Variances i) through iv) are minor, meaning that they will
not cause unacceptably adverse impacts on adjacent properties. As aforementioned, the
proposed development will provide the facilities necessary to support the proposed use,
and character and compatibility would be maintained.
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 i) through iv) 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.
Planning Conclusion:
Variances i) through iv) meet the four tests for minor variances, under the Planning Act.
Accordingly, DHA staff recommends approval.
Environmental Planning Comments:
Environmental concerns and Tree Management requirements have been addressed
through the Site Plan Application process.
Heritage Planning Comments:
124 Woolwich St was reviewed for the Kitchener Inventory and determined to have no
cultural heritage value or status under the Ontario Heritage Act in 2013.
Building Division Comments:
The Building Division has no objections to the proposed variances provided building permits
for the stacked townhouse are obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
All Parks requirements will be addressed through Site Plan Application SP23/085/W/AP.
Transportation Planning Comments:
Transportation Services have no concerns with this 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 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
Site Plan Application SP23/085/W/AP (Conditional Approval Issued)
KDA Report 24-03 (Removal of Holding Provision)
ATTACHMENTS:
Attachment A Conditionally-Approved, Red-Lined Site Plan Drawing
June 25, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 06 FREDERICK 250 FREDERICK STREET
Kitchener, ON N2G 4G7 250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 250 Frederick Street No concerns.
2) A 2024 - 053 224 Contrystone Crescent (Unit C) There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 124 Woolwich Street No concerns.
4) A 2024 - 055 71 Kingsbury Drive No concerns.
5) A 2024 - 056 359 Highland Road West No concerns.
6) A 2024 - 057 176 Woolwich Street 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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Њ ƚŅ Ћ
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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Ћ ƚŅ Ћ
2
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York 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 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