HomeMy WebLinkAboutDSD-2024-348 - A 2024-059 - 15 Strange StreetStaff Report
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: August 20, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: August 2, 2024
REPORT NO.: DSD -2024-348
SUBJECT: Minor Variance Application A2024-059 —15 Strange Street
RECOMMENDATION:
That Minor Variance Application A2024-059 for 15 Strange Street requesting relief
from the following zoning sections of Zoning By-law 2019-51:
i) Section 5.3 a) to not have to provide a visual barrier on the north and the west
sides of the parking lot, where the by-law requires visual barriers in these
locations, where a parking lot abuts a residential lot; and
ii) Section 5.6, Table 5-5, to permit 6 parking spaces (0.50 parking spaces per
dwelling unit) instead of the minimum required 12 parking spaces (1.0 parking
space per dwelling unit) and 1 visitor parking space (0.075 of the required
parking) instead of the minimum required 2 visitor parking spaces per
dwelling unit (0.15 of the required parking);
to facilitate the conversion of the existing 9 -unit multiple dwelling to a 12 -unit
multiple dwelling in accordance with conditionally approved Site Plan Application
SP24/048/S/AA, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the
conversion of the existing 9 -unit multiple dwelling to a 12 -unit multiple dwelling.
• The key finding of this report is that the requested variances meet the 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
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 18 of 216
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located north of Victoria Street South and east of the Iron Horse
Trial in the Cherry Hill neighbourhood.
Figure 1: Location Map
Figure 2: Zoning Map
The subject property is identified as a `Community Area' on Map 2 — Urban Structure and
is designated as "Medium Rise Residential" on Map 3 — Land Use in the City's 2014
Official Plan.
Page 19 of 216
The property is zoned `Medium Rise Residential Six Zone (RES -6)' under Zoning By-law
2019-051.
The purpose of the application is to facilitate adding three (3) dwelling units in an existing
9 -unit multiple dwelling (for a total of 12 dwelling units) without any additions or exterior
work to the existing building. The parking lot in the rear yard is being modified to move the
parking spaces closer to the east side to increase the drive aisle in front of the parking and
to accommodate type A barrier -free parking space. The following minor variances are
required:
No visual barrier on the north and the west sides of the parking lot, whereas the
zoning by-law requires visual barriers when a parking lot abuts a residential lot.
A reduction in the required number of parking and visitor parking.
The notice for Minor Variance Application lists the variances under two Zoning By-laws, as
the property was governed by Zoning By-law 85-1 and Zoning By-law 2019-51 (as
amended by By-law 2024-066). Official Plan Amendment No. 49, which applies to the
`Non -Protected Major Transit Station Area' lands, to move them into Zoning By-law 2019-
051, received Regional final approval and came into full force and effect on July 26, 2024.
Therefore, this report is only reviewing the variances under Zoning By-law 2019-51.
The applicant has submitted a Site Plan Application, SP24/048/S/AA, which has been
reviewed with all applicable divisions and agencies and has received `conditional approval'
subject to receiving approval of the minor variances.
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Figure 3: Conditionally Approved Site Plan SP24/048/S/AA
Staff visited the subject property on August 02, 2024.
Page 20 of 216
Figure 4: The front view of the subject property from Strange Street
Figure 5: The rear view of the subject property
Page 21 of 216
Figure 6: A view of the west side of the property showing the existing rear parking
lot relation with the abutting lot
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 subject property is shown within a `Community Area in the Urban Structure which
plans to provide for residential uses as well as non-residential supporting uses intended to
serve the immediate residential areas.
The city's 2014 Official Plan also designated it a `Medium -Rise Residential' Land Use. This
land use accommodates a range of medium -density housing types, including townhouses
in a cluster development, multiple dwellings, and special -needs housing.
According to the Official Plan, Policy 13.C.8.6, the City will develop a parking reduction
strategy for lands located within the Urban Growth Centre (Downtown) and Major Transit
Station Areas to recognize the availability of and encourage the use of rapid and public
transit. The parking strategy will consider parking regulations for lands located outside of
these areas and requirements in neighbouring municipalities. The resultant parking
strategy will be implemented through the City's Zoning By-law.
This subject property is located near the Major Transit Station Areas, which provide
access to active public transit and support a reduction in parking spaces. The requested
variances to facilitate the conversion of the existing Multiple dwellings by adding three
additional dwelling units maintain the residential form of development, while the use of
Page 22 of 216
multiple dwellings is permitted and would remain as the use on site. The proposed
variance aligns with this designation. Planning Staff are of the opinion that the proposed
development meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The subject property is zoned `Medium Rise Residential Six Zone (RES -6)' under Zoning
By-law 2019-051. This zone permits various residential uses such as Multiple Dwellings,
Residential Care Facilities, and Semi -Detached Duplex Dwellings.
The intent of the visual barrier regulation when the parking lot abuts a residential lot is to
minimize the impacts of car traffic, noise and light on the residential property. The parking
lot location, in this case, exists, and it abuts the parking lot of the neighbouring residential
property, which both are located in the rear yard. Thus, the cars in the parking lot have
minimal effect on the residential buildings and both parking lots function in an open
concept, as per Figure 6.
The intent of the parking regulation is to ensure that the residents on site have sufficient
parking spaces for travelling. Since the property is located near the Major Transit Station
Areas, the residents of 15 Strange Street will have various options for modes of
transportation locally, including an active bus route at Victoria Street South. The site also
provides six Class -A bicycle parking spaces in the basement of the building to support the
reduction in parking. Transportation staff has confirmed that the reduction of parking
spaces also meets the intention of Zoning By-law 2019-051.
Therefore, the proposal meets the general intent of the zoning by-law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variances' effects are minor, as the proposal has
received conditional site plan approval to demonstrate that the site can function
appropriately. The site is well -serviced by frequent transit and is in close proximity to
existing commercial uses. As per the reasons previously noted, staff are of the opinion that
the requested variances are minor in nature and will not create unacceptable adverse
impacts on the subject property itself or adjacent lands.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variance will facilitate a desirable form of missing middle housing inventory
by adding three units to an existing building and by making use of existing infrastructure.
Planning Staff is of the opinion that the requested variances are appropriate and desirable
for the use of the lands.
Environmental Planning Comments:
Tree Management and flooding hazards will be addressed via Site Plan Application
SP24/048/S/AA
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
Page 23 of 216
Landscape (CHL) conservation process. The property municipally addressed as 15
Strange St. is located within the Warehouse District 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 additional units is obtained prior to construction. Please contact the Building
Division at building(a-)kitchener.ca with any questions.
Engineering Division Comments:
No comments
Parks/Operations Division Comments:
Park Dedication fees will be addressed through SP24/048/S/AA.
Transportation Planning Comments:
Transportation Services recommends that the vehicle parking for tenants be unbundled
from the cost of a unit. This is more equitable for a tenant, as they do not pay for a parking
space that they do not have.
Grand River Conservation Authority Comments:
The GRCA has no concerns with the above -noted application. Please refer to the
GRCA comments attached for Site Plan Application SP24/048/S/AA for details.
We received review fees as part of the site plan application, and no further fees are
required. A separate fee will be required for a GRCA permit.
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 posted to the City's website with the agenda in advance
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 additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
Page 24 of 216
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
Page 25 of 216
August 8, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 058 — 175 Hoffman Street — No concerns
2) A 2024 - 059 — 15 Strange Street — No concerns.
3) A 2024 - 060 — 95 Brunswick Avenue — No concerns.
4) A 2024 - 061 — 25 Palace Street — No concerns.
5) A 2024 - 062 — 40 Palace Street — No concerns.
6) A 2024 - 063 — 908 Chapel Hill Court — No concerns.
7) A 2024 - 064 — 67 Kimberly Crescent — No concerns.
8) A 2024 - 065 — 570 Frederick Street — No concerns.
9) A 2024 - 066 — 1180 Union Street (severed lot)
10)A 2024 - 067 — 1180 Union Street (retained lot)
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.
Document Number: 4752866
Page 26 of 216
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,
'- Off
Katrina Fluit
Transportation Planner
(226) 753-4808
M
Mariah Blake, City of Kitchener
CofA(o)Kitchener. ca
Document Number: 4752866
Page 27 of 216
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Administration Centre: 1100 lyde fkwd, PD, F"o., 721m (Jn l�)rdge, (YP 1111C'(_J
Phone:19 (51..1 )/(5'1 To Il fee: 1 �O(> 900 4 )"L? Fax,',) Nb) I kI,A,,ll. www ,girandrivm; r,c
\ tion
August 1, 2024
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
CofA(a)kitchener.ca
Re: Minor Variance Application A2024-059
15 Strange Street, Kitchener
1000213586 Ontario Inc.
The GRCA has no concerns with the above -noted application. Please refer to the
GRCA comments attached for Site Plan Application SP24/048/S/AA for details.
We received review fees as part of the site plan application, and no further fees are
required. A separate fee will be required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2761 ext. 2292 or
theywood (abgrand river. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Encl. GRCA Comments dated June 11, 2024
Page 1 of 1
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Administration Centre: 1100 Ckwd, F1,0, Cara, ✓21) 111b r id(j e, N'l VWC
PIhoInR: 1 �.� P:ih? 1 ( 1 To I free: 1 i,:1O(5 900 4 )"L? Fax, 1 `) 11ij, TA,,ll. www,giraC`"Ir1N"0ver,c
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June 11, 2024
Arwa Alzoor
Planner
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
arwa.alzoor(d)kitchener.ca
Re: Site Plan Application SP24/048/S/AA
15 Strange Street, Kitchener
1000213586 Ontario Inc.
Dear Ms. Alzoor,
Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
application to add three additional dwelling units into an existing nine -unit building.
Recommendation
The GRCA has no concerns with the application. A GRCA permit is required prior to
construction.
Documents Reviewed by Staff
Staff have reviewed the floor plans (NEO Architecture, revised May 16, 2024) and
topographic survey (Guenther Rueb Surveying, dated February 20, 2024) submitted
with this application. This follows our review of the previous site plan application
(SP23/079/S/AA), which was withdrawn by the applicant.
GRCA Comments
The GRCA has reviewed this application under Ontario Regulation 686/21, acting on
behalf of the Province regarding natural hazards identified in Section 3.1 of the
Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, as
Page 1 of 2
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Page 29 of 216
well as in accordance with Ontario Regulation 41/24 and GRCA's Board approved
policies.
Information currently available at our office indicates that the subject lands contain the
Westmount Creek floodplain. This reach of the floodplain is a two -zone policy area, and
the property is entirely within the flood fringe. Residential development is permitted in
the flood fringe subject to City and GRCA two -zone floodplain policies. The RIFE for the
property is 327.66 metres (CGVD 28) / 327.25 metres (CGVD 2013).
The application demonstrates that the renovated floors are not affected by floodwaters,
the additional dwelling units are above the RIFE, and that safe access is available in the
existing parking lot. As such, the GRCA has no concerns with the application. A GRCA
permit is required prior to construction.
Advisory Comment
On April 1, 2024, the Prohibited Activities, Exemptions and Permits Regulation under
Conservation Authorities Act (Ontario Regulation 41/24) came into effect. GRCA's
policies were also revised to conform with the new regulation, and were approved by
the GRCA Board on May 24, 2024. While these changes increased GRCA's regulated
allowance around the floodplain from 5 to 15 metres, it did not change the applicable
City and GRCA floodplain requirements.
We received review fees as part of the previous site plan application, and no further
fees are required. A separate fee will be required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2761 ext. 2292 or
theywood(a-)grand river. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Encl. Resource Mapping
CC' Richard D'Alessandro, NEO Architecture
Page 2 of 2
Page 30 of 216
ARCHITECTURE INC
August l2.2O24
Attentlion: CommmmIttee of Adjustment
CityofKiLchener
200 King SIlreet West
Ki:chener.[)N N2G4G7
[DeF,irSir/Madarn.
SLaLi,.AoryPub|icMeeting August 2O.2O24
Agenda Item 5,2
ApWicaW Agent:� �
Kyle Fonj.lO0O2l3586Ontario nc Rl|chard D'Alessandro. NEOAnch|tectureInc �
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9-590-025 �
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Asnequested.wesubm|tthe foUowingwhttensubmission insuppo�ofour apphcaUonfor �o
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There is nsuffioentaneaon5|tetoaccommodatemoreIhanIhe9parKingspacesexisting.
The cause forth|s application is an inter|ora|tenaUon which proposes to convert 9 muItip|edweU|ngs |nto
l2muMp|edvveUhngsvaT|nanexisting3-stoneybUdingvvhichbanundeMak|ng|nacconjancevv|th
prov|ncialandmun|c|pkcaUstoacUon|nNorurgerlWorttoaddnsssthecurrenthousngcr|s|s, The
requests forrelief heranare anappeal tothosechang|ngattitudesand poUciesMchlook toexpand|ng
puN|ctnansitandcorrespondngnsducUons|npark|ngneo|rements.|nordertofac|Utatemorehousing
faster and whenever most `e�.-isible to do so.
Viree out of twelve (3/12) dweHing units proposed are Bachelor Units, wl ich are r-ri(.,,)i,e ai`f(.,')rdaNe ami
nyxe hkdy to attract terianty t1hat wiH uUke nearby pulrAc transT No Barrier Flee UnOn are proposed.
Thesub]ect proper-IN|sayneapas-makesno-d|fferencetoYnT|n80Om of LRT(SentnakStaUon {By-Lavv
85-1Appendix |.By-Lavv2Ol9-BAppendix E}.placing itwill inala�,ijorTnans|tTtaUonArea (laTSA) foraU
|ntentsand purposes, Mere parKingreduct|onsarecurrendysu"ortedforADUs{notcomoeteNun||Ke
this deve|opment)and suppoi-tedupon review foroVeruses,
B|cycIe Parking 5AaUs wU| be provided |n accordance vv|th appUcab|e Zoning By -Law 2019-51. and in order
tofac|Utate non-veh|cuhrtnanspoMaUon fortenants,
Thecorrespond|ngappUcat|onforTampP|anA(5P24/048/5/AA)hasbeenpreparedandsubmrtted
through careful coraWNUm will i (-JIty of Kitchener Staff, and has been granIted Coridiktic')nafl Approval.
Shou|dyouhaveanyquestions.concernsorshouNyourequireadd|tional|nformationvvilhrespectto
the enclosed, please donot hes|tatetocontactour office.
With K|nd regards,
NEOArchitecfture Inc
MCHARD [TALESSANDR1D
Page 32 of 216