HomeMy WebLinkAboutDSD-2024-437 - A 2024-081 - 236 Margaret Avenue
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 15, 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: October 2, 2024
REPORT NO.: DSD-2024-437
SUBJECT: Minor Variance Application A2024-081 236 Margaret Avenue
RECOMMENDATION:
That Minor Variance Application A2024-081 for 236 Margaret Avenue requesting
relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051 to permit a reduction in
the number of required parking spaces from 17 parking spaces including 3 visitor
spaces, to 7 parking spaces including 2 visitor spaces (from 1.15 parking spaces
per dwelling unit to 0.43 parking spaces per dwelling unit), to facilitate the
redevelopment of the existing building with 14 dwelling units, generally in
accordance with drawings prepared by Margaret-Benton Properties (Kitchener) Ltd.,
submitted with Minor Variance Application A2024-081, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance to allow for the redevelopment
of an existing building to a 14-unit multiple residential building with reduced parking
requirements for overall parking and visitor parking.
The key finding of this report is that the requested minor variance meets 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 east side of Margaret Avenue, near the intersection
of Blucher Street and Margaret Avenue in the Mt. Hope Huron Park neighbourhood. This
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neighbourhood primarily consists of low to medium rise residential dwellings and a small
collection of commercial uses.
Community Areas Urban Structure and is
Low Rise Residential
Local Commercial (COM-1-law 2019-051.
Figure 1 Location of subject property (outlined in Red)
The purpose of the application is to facilitate the redevelopment of the existing building
with 14 dwelling units, having 7 total parking spaces of which 2 are visitor spaces on site,
rather than the required 17 total parking spaces of which 3 are visitor spaces.
Staff note that this site previously received site plan approval (SP21/002/M/LT) in January
of 2022, and a corresponding minor variance application (A2020-107) was approved in
December of 2020. The previously approved minor variance was to recognize reductions
of side yards, legalize ground floor residences and reduce the required parking/visitor
parking ratio to allow for the conversion of the existing two-story mixed-use building to a
14-unit multiple dwelling.
Minor Variance A2020-107 sought relief from Zoning By-law 85-1 for a reduced parking
requirement of 9 total parking spaces, 2 of which are visitor (0.6 parking spaces per
dwelling unit), rather than the required 18 total parking spaces, 3 of which are visitor (1.25
parking spaces per dwelling unit). The applicant has informed staff that through the
detailed design of the site plan, it was concluded that two of the proposed parrel parking
stalls within the laneway would be too difficult to build as it would require the relocation of
a hydro pole and the construction of a retaining wall. As a result, this minor variance
seeking greater relief from Zoning By-law 2019-051 than previously considered with
respect to Zoning By-law 85-1.
Figure 2: Site Plan
Figure 4: Existing view of 236 Margret Avenue from the sidewalk.
Figure 5: Existing Laneway where parallel parking spaces were previously included
in site plan SP21/002/M/LT.
Planning Staff conducted a site visit on September 26, 2024.
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 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 as a
cost-effective means to reduce infrastructure and service costs. As all 14-units are already
counted within the existing floor area, the proposed redevelopment will not see a change
in the massing, scale, or design of the building. The requested relief from parking
requirements will facilitate the redevelopment of the existing building with 14 dwelling
units. Thus, staff are of the opinion that the proposed minor variance will maintain the
general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the parking requirement is to ensure sufficient parking spaces are available
for residents and visitors of the building. The current zoning requires the 14 dwelling units
to have 14 parking spaces (1.0 parking spaces per dwelling unit) and 3 visitor parking
spaces (0.15 parking spaces per dwelling unit), 17 parking spaces in total. The applicant is
proposing to provide 5 parking spaces, with 2 visitor parking spaces, 7 parking spaces in
total (1.15 to 0.43 parking spaces per dwelling unit).
Staff note that the subject property is located adjacent to a Grand River Transit bus stop
for Route 4. Additionally, Route 4 connects to the Light Rail Transit line and The
Boardwalk station with bus stops for connecting routes 202, 204, 1, 4, 5, 13, 20, 29, and
77. The applicant is also proposing to include 8 Class A bicycle parking stalls to
encourage the use of active transportation.
Further, Staff note that the previous minor variance decision of A2020-107 included a
condition that all Transportation Demand Management (TDM) measures are to be
implemented through the site plan approval process. The applicant has informed staff that
they are committed to the continued implementation of TDM measures.
Is/Are the Effects of the Variance(s) Minor?
With respect to the proposed variance to allow for a reduction in parking, staff are of the
opinion that the requested variance is minor in nature. The applicant is proposing to
include a minimum of 8 Class A bicycle parking spaces, implement Transportation
Demand Management measures, and is close to transit connections. As per the reasons
previously noted, staff are of the
test to facilitate the proposed parking reduction.
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 redevelopment within the existing
building and utilize existing infrastructure. The scale, massing, and setbacks of the existing
building will not change as a result of this variance. Thus, Planning Staff are of the opinion
that the requested variance is appropriate and desirable for the use of these lands.
Environmental Planning Comments:
Tree management was addressed through Site Plan Application SP21/002/M/LT.
Heritage Planning Comments:
The property is located adjacent to the Mount Hope/Breithaupt Neighbourhood CHL. 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. Staff have no comments or concerns regarding this
application.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
Park planning concerns have been addressed through SP21/002/M/LT
Transportation Planning Comments:
Transportation Services have reviewed this application and offer the following comments.
The submitted plan notes two visitor parking spaces allocated to barrier free parking,
where one barrier free space can be allocated to visitor but not both. Based on the rational
within the application for a reduced parking rate, the proposed ratio of 0.43 parking
spaces/unit is acceptable.
Grand River Conservation Authority (GRCA) Comments:
GRCA has no objection to the approval of the above application.
Region of Waterloo Comments:
No Concerns.
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
Minor Variance A2020-107- DSD-20-209
Site Plan Application SP21/002/M/LT
September 30, 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 October 15, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 080 – 92 River Road East – No concerns
2) A 2024 - 081 – 236 Margaret Avenue – No concerns.
3) A 2024 – 082 – 685 Frederick Street – No concerns.
4) A 2024 - 083 – 361 Westmeadow Drive – No concerns.
5) A 2024 - 084 – 18 Pine Street – No concerns.
6) A 2024 - 085 – 62 Gage Street – No concerns.
7) A 2024 - 086 – 1295 Bleams Road – No concerns.
8) A 2024 - 087 – 211 Lancaster Street West – No concerns.
9) A 2024 - 088 – 130 Edmund Road - No concerns.
10) A 2024 - 089 – 132 Edmund Road – 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.
Document Number: 4791308
91308
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: 4791308
September 27, 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 October15, 2024
Applications for Minor Variance
A 2024-08092 River Road EastA 2024-0861295 Bleams Road
A 2024-081236 Margaret AvenueA 2024-087211 Lancaster Street West
A 2024-082685 Frederick StreetA 2024-088130 Edmund Road
A 2024-08418 Pine StreetA 2024-089132 Edmund Road
A 2024-08562 Gage Avenue
Applicationsfor Consent
B 2024-026211 Lancaster Street West
B 2024-027130 Edmund Road
B 2024-028132 Edmund Road
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