HomeMy WebLinkAboutDSD-2024-399 - A 2024-076 - 332 Charles Street East
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-399
SUBJECT: Minor Variance Application A2024-076 332 Charles St. E.
RECOMMENDATION:
That Minor Variance Application A2024-076 for 332 Charles Street East requesting
relief from Appendix D, Special Regulation Provision 803R of Zoning By-law 85-1 to
permit the following:
i) a minimum ground floor building height along Charles Street of 4.2 metres
instead of the minimum required 4.5 metres;
ii) a minimum westerly side yard abutting a street (Betzner Avenue South) of 6.9
metres at 6 storeys or greater instead of at 5 storeys or greater;
iii) a maximum westerly side yard abutting a street (Betzner Avenue South) of 7.1
metres at 6 storeys or greater instead of at 5 storeys or greater;
iv) a minimum easterly side yard setback of 6.8 metres for 6 storeys to 14
storeys instead of the minimum required 4.9 metres from 5 storeys to 14
storeys;
v) a maximum easterly side yard setback of 7 metres for 6 storeys to 14 storeys
instead of the maximum permitted 5.1 metres for 5 storeys to 14 storeys;
vi) a minimum easterly side yard setback of 6.8 metres at 15 storeys or greater
from the minimum required 6.9 metres at 15 storeys or greater;
vii) a maximum rear yard setback of 9.7 metres at 6 storeys or greater from the
maximum permitted 9.1 metres at 5 storeys or greater;
viii) a maximum front yard setback of 3.2 metres at 15 storeys or greater from the
maximum permitted 1.9 metres at 15 storeys or greater;
ix) a minimum easterly side yard setback of 0.7 metres for the 5th to 6th storey
stairwell instead of the minimum required 4.9 metres; and
x) a minimum rear yard setback of 3.1 metres for the 5th to 6th storey stairwell
instead of the minimum required to 8.9 metres;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
to facilitate the construction of a 27 storey building having 285 dwelling units, in
accordance with Conditionally Approved Site Plan Application SP24/017/C/CD, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of a 27 storey building containing 285 dwelling units.
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 Charles Street East between Cameron
Street South and Pandora Avenue South.
Figure 1: Location Map: 332 Charles Street East
Major Transit Station Area on Map 2 Urban
Mixed Use Corridor with Special Policy Area 1 (Map 10) in the
King Street East Secondary Plan 1994 Official Plan.
High Intensity Mixed Use Corridor Zone (MU-3) with Special
in Zoning By-law 85-1.
The subject property was subject to an Official Plan Amendment and Zoning By-law
Amendment in August 2023. The applications were approved to permit the construction of
a 27 storey residential building by Kitchener City Council.
Through the Site Plan Application process the proposed building design has been refined
resultingin an improved building/built form.The proposed variances are all being
requested as part of the Conditional Approval of Site Plan Application SP24/017/C/CD,
which application has been thoroughly reviewed by City Staff. Accordingly, there are no
Staff concerns with the variances that are being proposed.
It should also be noted that through the Growing Together update to the Official Plan and
Zoning By-law, the property will be designated
SGA-3. Transition provisions for the property were also put in place as a Complete Site
Plan Application was made on or after the effective day of the By-law which permits the
development to move forward. A majority of the requested variances will not be required
when the SGA- Zone comes into full force and effect, and only pertain to By-law 85-1.
Figure 2: Proposed Site Plan
Figure 3: Current site conditions 332 Charles Street East
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
Mixed Use Corridor with Special Policy Area 1(Map
10) in the King Street East Secondary Plan (1994 Official Plan). The Mixed Use Corridor
land use designation provides residential redevelopment opportunities together with
appropriate commercial and institutional uses that primarily serve adjacent residential
neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and
provide a balanced distribution of commercial, multiple residential and institutional uses.
Staff is of the opinion that the variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Minimum ground floor building height
The intent of the minimum ground floor building height regulation is to ensure a ground floor
space that can accommodate active uses on the ground floor of the building and adequately
address and enhance the streetscape. Staff have reviewed plans as part of the site plan
application and the applicant is providing adequate glazing and enhancements to the lobby
area. The reduction of 0.3 meters is minimal and will not have any impact in the overall
building design or ground floor uses.
Minimum and maximum side yard and rear yard setbacks at 5 storeys or greater
The intent of the minimum and maximum setbacks for 5 storeys or greater was to ensure that
there was adequate transition and range is separation from adjacent existing buildings and
land use. The request for the minimum and maximum setbacks to be permitted for 6 storeys,
is due to the adjustment of the podium through the site plan stage. The visual impact of the
alterations of the podium height will be minimal and adequate separation is still taken into
account through the building design. The rear yard setbacks have been increased further
from the property line to ensure further separation.
Minimum and Maximum setback 5 to 14 storeys
The intent of the minimum and maximum setbacks for 5 storeys or greater was to ensure that
there was adequate transition and range is separation from adjacent existing buildings and
land use. As the podium height has been increased by 1 storey, the setbacks will commence
on a storey higher than what is permitted. The setbacks have been pushed 1.9 meters and
0.1 metres further from the property line, to take into account the increase in podium height.
Minimum front yard setback 15 storeys or greater
The intent of the minimum front yard setback is to help reduce the massing at the front of the
building in order to create a better pedestrian experience along the front of the building. The
new design of the building has increased the setback 2.2 metres from the property line,
which helps reduced the massing and positively alters the appearance and reduces the
massing along the Charles Street side of the building.
Stairwell projections and setbacks
The intent of the side and rear yard setbacks for the stairwell is to ensure that the stairwell
and buildings do not negatively impact the adjacent properties and do not encroach into the
abutting lands. The proposed setbacks take into account the adjusted podium height and will
not negatively impact the surrounding properties.
Staff is of the opinion that the variances meet 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 are minor as the variances that are
requested are to enhance an approved development. The proposed variances will not
present any significant impacts to adjacent properties or the overall streetscape and
neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances are desirable and appropriate for the development and use of the
land as their approval will facilitate the construction of a new building within a Major Transit
Station Area.
Environmental Planning Comments:
No natural heritage features or functions. Tree Management Policy concerns addressed
through SP24/017/C/CD.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the new residential apartment building is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No engineering comments or concerns.
Parks/Operations Division Comments:
All Parks requirements will be addressed through the Site Plan Application
SP24/017/C/CD.
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 85-1
DSD-2023-300
August 26, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
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,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
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