HomeMy WebLinkAboutDSD-2024-451 - A 2024-084 - 18 Pine Street
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: Arwa Alzoor, Planner, 519-741-2200 ext. 7847
WARD(S) INVOLVED: 10
DATE OF REPORT: September 25, 2024
REPORT NO.: DSD-2024-451
SUBJECT: Minor Variance Application A2024-084 18 Pine Street
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2024-084 for 18 Pine Street requesting relief from
Section 5.6.2 a) and c) of Zoning By-law 85-1, to permit a projected a canopy to
project into the front yard 3.3 metres instead of the maximum permitted 1.8 metres
and to be supported by the ground, to facilitate internal renovations within an
existing building to accommodate a health clinic and pharmacy, in accordance with
Conditionally Approved Site Plan SP24/068/P/AA, BE APPROVED.
Zoning By-law 2019-051
That Minor Variance Application A2024-084 for 18 Pine Street Requesting relief from
the following Sections of Zoning By-law 2019-051, as amended by By-law 2024-065:
i) Section 4.14.3. to permit a canopy to project into the front yard 3.3 metres
instead of the maximum permitted 1.8 metres;
ii) Section 4.14.10 b) to permit steps and access ramp, above 0.6 metres in
height, to be located 1.2 metres from the street line instead of the minimum
required 3 metres;
iii) Section 6.3.2, Table 6-3, to permit a minimum landscaped area of 23% instead
of the minimum required 30%; and
iv) Section 6.3.2, Table 6-3, to permit a rear landscaped area of 23% instead of the
minimum required 40%;
to facilitate internal renovations within an existing building to accommodate a
health clinic and pharmacy, generally in accordance with Conditionally Approved
Site Plan SP24/068/P/AA, BE APPROVED subject to the following:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
This Minor Variance shall become effective only at such time as By-law 2024-065
comes into force and effect, pursuant to section 34 (30) of the Planning Act, R.S.O.
1990, c. P 13, as amended, at such time the variance shall be deemed to have come
into force and effect as of the final date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to allow the site work to the
parking lot and the construction on the front ramp and steps with a canopy.
The key finding of this report is that the requested minor 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the KW Hospital area neighbourhood, at the corner of
Mary Street and Pine Street. It currently contains a vacant four-storey building that was
previously used as a health clinic.
Major Transit Station Area Urban
Structure and Mixed Use Corridoron Map 12 - KW Hospital Neighbourhood
Secondary Plan, in the 1994 Official Plan and has recently been designated
on Map 3- 2104 Official Plan as part of the Growing
Together Project.
High-Intensity Mixed Use Corridor Zone (MU-3-law
85-1 --law 2019-051, as
amended by By-law 2024-065, which by-law is still under appeal.
Figure 1: Location Map
Figure 2: Zoning Map
Figure 3: PMTSA Zoning Map.
The purpose of this minor variance application is to facilitate the redevelopment of the
existing four-storey building to accommodate a Health Clinic and Pharmacy for Grand
River Hospital. Proposed modifications to the building include the installation of a new
ramp, steps, and a canopy over the main entrance to improve accessibility. Additional site
enhancements include improvements to the parking lot, the installation of a new generator,
the addition of outdoor waste bins, new bicycle parking, and designated accessible
parking spaces. Furthermore, a visual barrier consisting of hedges will be maintained
around the parking lot where it abuts adjacent residential properties to ensure privacy and
aesthetic consistency.
The applicant has submitted a Site Plan Application, SP24/068/P/AA, which has been
reviewed with all applicable divisions and agencies anConditional
A
Figure 4: Conditionally Approved Site Plan
Staff visited the subject property on September 27, 2024
Figure 5: A photo of the east main entrance where the steps, ramp and canopy are
being proposed
Figure 6: A photo of the side of the building
Figure 7: A photo of the parking lot from Mary Street
Figure 8: A photo of the parking lot from the east side
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 Mixed Use CorridorMap 12 - K-W Hospital
Neighbourhood Secondary Plan in the 1994 Official Plan. Mixed Use Corridors generally
have strong pedestrian linkages with the surrounding residential neighbourhoods. To
strengthen these linkages, new development may be required to orient a portion of the
building mass to the street, provide for integration of cycling facilities, provide on-site
pedestrian facilities, and provide pedestrian connections to abutting developments or off-
site transit facilities.
on Map 3 - Land Use in the
Growing Together amendment, which is generally intended to
accommodate intensification within existing predominantly low-rise residential
neighbourhoods and lands that are generally too small to support high-rise buildings. The
amendment also permitted residential uses, including health-related uses.
The proposal aims to fulfill both Official Plan objectives as it meets the permitted use and
massing outlined in the Official Plan. Therefore, staff are of the opinion that the requested
variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Projected canopy supported by the ground: The Zoning By-law includes provisions to
allow ground-supported canopies while maintaining the integrity of the streetscape and
ensuring that structures do not obstruct yards or detract from the surrounding
environment. The proposed canopy meets the intent of the by-law by incorporating a
cantilevered design for the portion projecting into the yard, with supporting columns set
back 3.7 metres from the street line. This setback minimizes the visual impact on the
streetscape and maintains clear, unobstructed yard space, thus aligning with the by-law's
objectives.
Ramp and steps projection: The Zoning By-law also regulates the projection of ramps
and steps to ensure they do not encroach excessively on the front yard or streetscape.
Due to the existing non- and front porch, and
the new by-
would technically be non-compliant. However, these elements are essential to improve
accessibility to the building, which has an elevated entrance and nearby accessible
parking spaces. The proposed steps and ramp are key to meeting accessibility standards
and ensuring compliance with current Building Code. The new canopy structure, which
encloses these updated site elements, has been carefully designed to enhance the
streetscape within the constraints of the existing site conditions, as demonstrated in Figure
9.
Landscaping area on the property and in the rear yard: The intent of the landscaping
regulations is to ensure adequate land for proper drainage and to support the growth of
vegetation and trees, while rear yard landscaping requirements aim to provide sufficient
private outdoor amenity space. The subject property serves as a transitional area between
high-rise and low-rise developments, with the current rear and side yard parking area
being an existing condition dating back to the 1970s. Despite the proposed reduction in
landscaped area to 23% (compared to the required 30% for the overall site and 40% for
the rear yard), the overall landscape provision still exceeds the requirements of the
previous Zoning By-law 85-1.
The minor extension of the rear yard parking area is intended to regularize the parking
layout without disturbing existing vegetation, including existing trees. This adjustment also
ensures that the parking area conforms to current standards for drive aisles and parking
space dimensions, thereby enhancing the safety and functionality of the space.
Figure 9: Proposed Canopy drawing.
Therefore, staff is of the opinion, the proposed variances maintain the general intent and
purpose of the Zoning By-law, while balancing the needs of both the site and the
surrounding neighborhood.
Is/Are the Effects of the Variance(s) Minor?
The requested minor variances are considered minor in nature as they will not negatively
impact neighboring properties or the overall streetscape. The ground-supporting columns
for the canopy will be situated well within the required setback, and its projection into the
yard is designed to provide shelter for the ramp and steps without negatively impacting
adjacent properties or obstructing views. Additionally, the reduction in landscaped area
remains consistent with the existing condition and will not detract from the character of the
surrounding area. The preservation of mature trees and vegetation ensures that the
impact on the landscape is minimal. Therefore, it
the above-mentioned variances may be considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variances for the canopy projection, steps, ramp, and landscape area are
desirable and appropriate for the redevelopment and functional use of the site. The
addition of the canopy, steps, and ramp will significantly enhance accessibility and safety
the existing by-law and it is mainly due to existing situation. Staff is of the opinion that the
variances are appropriate and desirable
Environmental Planning Comments:
No comments or concerns.
Heritage Planning Comments:
No comments or concerns
Building Division Comments:
The Building Division has no objections to the proposed variances provided a building
permit for the canopy and access ramp is obtained prior to construction. Please contact
the Building Division at building@kitchener.ca with any questions
Engineering Division Comments:
No comments or concerns.
Parks/Operations Division Comments:
Through Site Plan Application SP24/068/P/AA it was noted that there was an existing City-
owned tree along the on Mary Street frontage at the northwestern corner of the property.
Although the proposed site plan does not indicate any site changes, this tree should be
protected to City standards throughout construction and tree protection fencing shown on
all building permit drawings.
The applicant is advised that tree protection is required on all trees during construction
work as indicated in Municipal Code section 690.4.2 Protection - Trees on City Property. It
shall be the responsibility of the person or persons in charge of any lot on which the
construction, alteration or demolition of any building is taking place, to take adequate steps
for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot
and no such work shall be commenced until such protection has been provided.
Transportation Planning Comments:
Transportation Services has no concerns with this application.
Grand River Conservation Authority Comments:
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications. GRCA has no objection to the approval of the 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
Secondary Plan K-W HOSPITAL NEIGHBOURHOOD PLAN FOR LAND USE
Official Plan (2014)
2024-062 - OPA 49 - Growing Together - PMTSA Lands
Zoning By-law 85-1
Zoning By-law 2019-51, as amended by Zoning By-law 2024-065
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