HomeMy WebLinkAboutDSD-2024-454 - A 2024-085 - 62 Gage 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: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: October 2, 2024
REPORT NO.: DSD-2024-454
SUBJECT: Minor Variance Application A2024-085 - 62 Gage Avenue
RECOMMENDATION:
That Minor Variance Application A2024-085 for 62 Gage Avenue requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 4.14.7 b) to permit an unenclosed porch 1.8 metres from the street line
instead of the minimum required 3.0 metres; and
ii) Section 7.6 a) to permit a minimum front yard setback of 2.89 metres instead of
the minimum required 9.0 metres;
to facilitate the construction a new semi-detached dwelling, generally in accordance
with drawings prepared by Grit Engineering Inc., dated August 23, 2024, BE
APPROVED subject to the following condition:
1. Prior to the issuance of a Demolition and/or Building Permit:
a) the Owner shall prepare a Tree Preservation/Enhancement Plan, an Arborist
Report and ISA valuation of trees on City lands and the subject lands in
accordance with the Management Policy, to the satisfaction of and
approval by the and the Manager,
Site Plans. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, a landscaped area, and the vegetation
to be preserved. If necessary, the plan shall include required mitigation and or
compensation measures.
b) The Owner shall implement the approved Tree Preservation/Enhancement Plan,
prior to any tree removal, grading, servicing or the issuance of any demolition
and/or building permits, to the satisfaction of the
Cemeteries and the Manager, Site Plans. No changes to the said plan
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Director of Parks &
Cemeteries and the Manager, Site Plans.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit the
creation of a new semi-detached dwelling.
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.
BACKGROUND:
The subject property is located on Gage Avenue, at the corner portion of the road with
itself. The existing property contains a single detached dwelling. The applicant proposes to
demolish the single detached dwelling and sever the property to create 2 new semi-
detached dwellings. This application is to permit a reduced front yard setback for the semi-
detached dwelling that is closest to the corner of Gage Avenue. Future consent
applications are required to be submitted to enable each half of the semi-detached
dwellings to be dealt with separately.
Figure 1: Location Map: 62 Gage Avenue
Urban Structure and is
-By-law 2019-
051.
The purpose of the application is to permit a new semi-detached dwelling to have a front
yard setback of 2.89 metres instead of the minimum required 9.0 metres, and to permit an
unenclosed porch 1.8 metres from the street line instead of the minimum required 3.0
metres.
The minor variances are due to the curve of the street along Gage Avenue. The majority of
the dwelling is set back further than the 2.89 metres and meet the standard 4.5 metre
setback within Zoning By-law 2019-051. However, the property is located in Appendix D
of the Zoning By-law which means the setback is measure from the existing dwelling that
is adjacent to the property. The 9.0 metre minimum front yard setback calculation is based
off of survey drawings from the existing dwelling at 56 Gage Avenue minus one meter in
order to get the required front yard setback. Staff are supportive of the variances as the
street line of the existing other dwellings along Gage Avenue do not have a consistent
street line and are of various setbacks along the street. Further the curve of the street
corner only effects a small portion of the front of the house, the majority of the house is set
back further than what is proposed. Finally, the driveway portion of the property is
designed so that it is at the farthest point away from the curvature of the corner in order to
ensure there are no conflicts with driveway visibility and corner visibility.
In August 2024, the properties received approval for the Consent to sever the property into
two, and conditions are being cleared in order to obtain the final approval. The proposed
semi-detached dwelling will be the first constructed on the site, and then in a later
application will be required to come back to the Committee of Adjustment to sever the
semi-detached dwelling so that each half of the dwelling will be able to be dealt with
separately.
Figure 2: Proposed front yard setbacks
Figure 3: Existing single detached dwelling at 62 Gage Avenue to be demolished
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 designated Low Rise Residential
designation permits low density forms of housing such as semi-detached dwellings. The
proposed variances meet the intent of the Official Plan which encourages a range of different
forms of housing and encourages a mix of residential uses in residential areas. The
proposed use conforms to the land use designation, and it is the opinion of staff that the
requested variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the front yard setback is to ensure a consistent built form along the street
edge. The subject property is located within Appendix D of the Zoning By-law which
follows a specific calculation to determine the required front yard setback of the property.
setback minus one metre. Staff note that the street edge along Gage Ave is not consistent
with varying front yard setbacks along the portion of the road. Further, the requested 2.89
metre setback only pertains to the corner of the front of the building due to the curvature of
the Gage Avenue corner. The majority of the front of the building is setback further than
therequested 2.89 metres.
The intent of the unenclosed porch setback regulation is to ensure the porch has adequate
separation from the street edge. As with the front yard setback the request is being made
due to the curvature of the Gage Avenue corner, and only the corner of the porch is at the
requested 1.8 metres. The majority of the porch does meet the 3.0 metre setback.
Staff is of the opinion that the requested 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 only pertain to
the corner of the dwelling that is closest to the curvature of the road. Both the front of the
building and the porch are further setback from the road and outside of the corner visibility
triangle. The proposed variances will not present any significant impacts to adjacent
properties or the overall 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 of the land. The
scale, massing and height of the proposed new semi-detached dwellings will not negatively
impact the existing character of the subject property or surrounding neighbourhoods and
permits gentle intensification.
Environmental Planning Comments:
No environmental planning concerns.
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
Landscape (CHL) conservation process. The property municipally addressed as 62 Gage
Avenue 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. An application has been
made to for the new semi-detached dwelling.
Engineering Division Comments:
No engineering division concerns.
Parks/Operations Division Comments:
This property has been subject to a previous consent application (B2024-021) that was
approved with conditions including the requirement for submission and approval of a Tree
Protection and Enhancement Plan and possible financial compensation for the protection
of existing trees within the right of way.
Figure 4: Photo of Figure 3 from Staff Report DSD-2024-357, dated August 7, 2024.
There comments were as follows:
There is considerable existing treed vegetation on the property and some within the
Gage Avenue right of way and on the shared front property line.
City-owned trees will be impacted by the proposed development and the owner shall
fulfill one of the following options:
1. Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which shall
include the following:
a) That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to the
Cemeteries. Said plan shall include, among other matters, the identification of
a proposed building envelope/work zone, landscaped area and vegetation to
be preserved. No changes to the said plan shall be granted except with the
b) The owner shall implement the Tree Protection and Enhancement Plan, prior
to any grading, servicing, tree removal or the issuance of building permits, to
the
c) The owner shall maintain the severed and retained lands, in accordance with
the approved Tree Protection and Enhancement Plan, for the life the
development.
OR
2. Make arrangements regarding financial compensation for the trees to be removed,
basic Tree Protection and Enhancement Plan, Arborist Report and ISA valuation
of trees on City lands.
This requirement is outstanding and it was noted that the proposed demolition and
construction will impact existing trees within the right of way. Accordingly, it was quite
disappointing to visit the site and see the removals of trees, City street trees,
without the submission of a Tree Protection and Enhancement Plan, attempted
protection and valuation of City street trees, and permission for their removal.
A basic Tree Protection and Enhancement Plan, Arborist Report and ISA valuation
of trees on City lands and the subject lands MUST BE submitted for review and
approval as a Condition of this Minor Variance Application, if approved.
Transportation Planning Comments:
Transportation Services want to ensure that our comments from the August 20, 2024,
Committee of Adjustment Meeting are carried through with this development. See below
comments.
road
widening with an ultimate road width of 18 metres between Belmont Avenue and
Waverly Road. Therefore, a conveyance of approximately 1.5 metres to 2.7 metres
along the entire Gage Avenue frontages (retained and severed) is required. A reference
plan be submitted by an Ontario Land Surveyor (OLS) illustrating the road widening.
The Owner shall prepare at their cost, a Phase I and if necessary, a Phase II
Environmental Site Assessment (ESA) for the portion of the lands being conveyed to
the City of
Engineering Services.
Planning staff can advise that in order to create the lot for the semi-detached dwelling, the
conditions with respect to the requirement for a road widening will need to be satisfied.
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
DSD-2024-357
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
From:Alexandre Thibault on behalf of Proximity
To:Committee of Adjustment (SM)
Subject:2024-09-30_CN Comments_Kitchener_A 2024-085 - 62 Gage Avenue - Committee of Adjustment - Tuesday, October 15, 2024
Date:Monday, September 30, 2024 2:52:43 PM
Attachments:image001.png
image002.png
Hello ,
Thank you for consulting CN on the application mentioned in subject. It is noted that the subject site is within 300 meters of CN’s Main Line.
CN has concerns of developing/densifying residential uses in proximity to railway operations. Development of sensitive uses in proximity to
railway operations cultivates an environment in which land use incompatibility issues are exacerbated. The Guidelines for New Development
in Proximity to Railway Operations reinforce the safety and well-being of any existing and future occupants of the area. Please refer to these
guidelines for the development of sensitive uses in proximity to railway operations. These policies have been developed by the Railway
Association of Canada and the Federation of Canadian Municipalities. CN encourages the municipality to pursue the implementation of the
following criteria as conditions of an eventual project approval:
The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or
Lease of each dwelling unit within 300m of the railway right-of-way:
“Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the
land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the
possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the
development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-way.”
The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against
the subject property in favour of CN.
The implementation of the following mitigation measures in the dwelling design and construction:
1. Forced air ventilation systems with central air conditioning,
2. Acoustically upgraded windows meeting the minimum requirements of the Building Code and providing a maximum 35 dBA
indoor limit for bedrooms and 40 dBA for living rooms,
We request that CN rail and the proximity@cn.ca email be circulated on any and all public notices and notice of decisions with respect to
this and future land use planning applications with respect to the subject site.
Thank you and do not hesitate to contact me with any questions.
Best regards,
Alexandre Thibault
Associé en urbanisme / Urban Planner Associate
B.Sc. Urb
PROXIMITY
E+proximity@cn.ca
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: Friday, September 27, 2024 11:32 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: Agenda - Committee of Adjustment - Tuesday, October 15, 2024
CAUTION: This email originated from outside CN:DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe.
AVERTISSEMENT : ce courriel provient d’une source externe au CN:NE CLIQUEZ SUR AUCUN lien ou pièce jointe à moins de reconnaitre l’expéditeur et d'avoir VÉRIFIÉ la sécurité du
contenu.
Good morning,
The agenda for the October 15, 2024 Committee of Adjustment meeting is now available on our Council/Committee calendar.
The combined agenda with reports will be posted to the meeting calendar by noon on Friday, October 11, 2024.
Connie Owen
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7109 | TTY 1-866-969-9994 | cofa@kitchener.ca