HomeMy WebLinkAboutDSD-2024-473 - A 2024-096 - 165 Fairway Road North
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 19, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Arwa Alzoor, Planner, 519-783-8903
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: November 1, 2024
REPORT NO.: DSD-2024-473
SUBJECT: Minor Variance Application A2024-096
165 Fairway Road North
RECOMMENDATION:
That Minor Variance Application A2024-096 for 165 Fairway Road North requesting
relief from the following Sections of Zoning By-law 2019-051:
i) Section 5.3.3 b) i) to permit the required parking to be located in the front
yard, whereas the by-law does not permit parking in the front yard;
ii) Section 5.6 a) to permit a parking requirement of 0.6 parking spaces per
dwelling unit (20 parking spaces) instead of the minimum required 1 parking
space per dwelling unit (33 parking spaces) and 0.09 visitor parking spaces
per dwelling unit (3 parking spaces) instead of the minimum required 0.15
visitor parking spaces per dwelling unit (5 parking spaces);
iii) Section 7.3, Table 7-6, to permit a northerly interior side yard setback of 0
metres and a southerly interior side yard setback of 1.8 metres instead of the
minimum required 3 metres;
iv) Section 7.3, Table 7-6, to permit a rear yard setback of 0.1 metres instead of
the minimum required 7.5 metres;
v) Section 7.3, Table 7-6, to permit a Floor Space Ratio of 0.75 instead of the
maximum permitted 0.6; and
vi) Section 7.3, Table 7-6, to not require ground floor level units to have a patio
area adjacent to the dwelling unit with direct access to such dwelling unit;
to facilitate the conversion of an existing industrial building with a front addition to
a Multiple Dwelling with 33 dwelling units, generally, in accordance with Site Plan
Application SP24/047/F/AA, BE DEFERRED until March 19, 2025, or earlier, in
accordance with the following:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
1. Until such time that Site plan Application SP24/047/F/AA, receives onditional
Approval, and that all relined comments are resolved to the satisfaction of the
Manager of Site Plans.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
conversion of an existing industrial building with a front addition to a Multiple Dwelling
with 33 dwelling units.
The key finding of this report is that staff are not satisfied with the proposed
development, as it is not considered compatible. Staff recommends that the minor
variance application be deferred to allow the opportunity for the applicant to address
the redlined site plan comments to improve the compatibility of the development.
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 Centreville Chicopee neighbourhood north of King
Street East on Fairway Road North.
Figure 1: Location Map
Figure 2: Zoning Map
The subject property is identified as a Urban Structure and
--law 2019-
051.
The purpose of this application is to facilitate the conversion of an existing industrial
building, with a front addition, into a multiple dwelling with 33 residential units.
The building was originally constructed as a single detached dwelling, with an industrial
addition added later. In 2019, a Site Plan Application (SP19/018/F/TS) was submitted to
convert the building into a multiple dwelling having a total of 7 units, which received
onditional Approval. As part of this process, a Minor Variance Application was required
to recognize the existing setbacks and allow parking spaces at the front of the building.
Although the minor variances were approved, the Site Plan Application did not proceed
further.
The current Site Plan Application proposes converting the building into a 33-unit multiple
dwelling. It has received edlined Conditional Approval with comments emphasizing the
need to improve site functionality and circulation. This redlined conditional approval was
issued to meet the municipality's 60-day timeline requirement for either redlined
conditional approval or conditional approval. However, staff continue to work with the
applicant to address functionality concerns, as significant issues related to site
overdevelopment include lack of indoor and outdoor amenity space, reduced parking, and
existing setback limitations.
While staff support the provision of additional housing, it is crucial that this site provides
quality living in a functional and livable environment. Therefore, a deferral is recommended
to allow staff and the applicant to address these variances and make the proposal more
compatible with community standards and livability goals.
The requested variances are:
to permit a parking reduction to 23 parking spaces instead of the minimum required
38 parking spaces, and for the parking spaces to be located in the front yard;
to permit reduced side yard and rear yard setbacks;
an increased Floor Space Ratio; and
to not require ground floor units to have patio areas that comply with the
requirements of 11 square metres for ground floor units.
Once the redlined comments are addressed, minor variance are still anticipated to be
required; however, they will be more supportable as they will align with the City of
Kitchener's Urban Design Guidelines and satisfy the four tests of the Planning Act.
Figure 3: Site Plan
st
Staff have visited the site on Friday, November 1, 2024.
Figure 4: Front of the Existing Building
Figure 5: An image Showing Existing Side yard Setback
Figure 6: An Image Showing Existing View of The Proposed Parking Lot
Figure 7: An Image Showing the Subject Property from Fairway Road North
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
contains a number of policies related to density in low-rise residential areas. The Low Rise
Residential land use designation accommodates a full range of low-density housing types,
including single detached dwellings, duplex dwellings, semi-detached dwellings, street
townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple
dwellings and special needs housing.
Setbacks: The existing setbacks reflect a longstanding condition that has functioned
without issues over an extended period. The proposed conversion of the building from
industrial to residential use enhances compatibility with the residential nature of the
surrounding area. It aligns with the Official Plan's intent to support residential uses within
this designation.
Parking: Policy 13.C.8.6 states that the City may consider adjustments to parking
requirements for properties within an area or areas, where the City is satisfied that
adequate alternative parking facilities are available, where developments adopt
transportation demand management (TDM) measures or where sufficient transit exists or
is to be provided. Transportation staff have reviewed the parking study, which provides
a recommendation that the site has comprehensive TDM measures. Transportation staff
have no concerns with this reduction.
Floor Space Ratio: Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR) of 0.6.
However, site-specific increases up to a maximum FSR of 0.75 may be considered, where
it can be demonstrated that the increase in the FSR is compatible. The proposal to add 33
dwelling units and a front addition to the existing building increases the density in a
manner that does not align with the intent of the Official Plan, as it does not ensure
compatibility with the surrounding area. The site is considered overbuilt, with limited indoor
and outdoor amenity space, reduced parking, and restricted setbacks due to existing
conditions. Expanding the building footprint further adds to these limitations and introduces
additional challenges in meeting the intended urban form and function.
Private patio: Policy 15.D.3.3 states the City will apply design principles in accordance
with the Urban Design Policies in Section 11. An emphasis will be placed on adequate and
appropriate amenity areas, and landscaped areas will be provided on-site. None of the
ground-floor units provide the required 11 square meters of private patio space, nor are
balconies provided for the second-floor units. Additionally, the proposal lacks an indoor
amenity area, and the exterior amenity space is minimal, situated between a fence,
retaining wall, and garbage wells. This arrangement is not considered practical for the
proposed one- and two-bedroom units. Overall, the amenity provisions fall short of the
standards set out in the Urban Design Manual guidelines
In addition, policy 4.C.1.8 f) states that the impact of each special zoning regulation or
variance will be reviewed prior to formulating a recommendation to ensure that a
deficiency in the one zoning requirement does not compromise the site in achieving
objectives of compatible and appropriate site and neighbourhood design and does not
create further zoning deficiencies.
As such, staff are of the opinion that the general intent of this policy cannot be satisfied
until the applicant reduces the additional area added to the building to improve the
proposedfloor space ratio and add more amenity space.
General Intent of the Zoning By-law
Setbacks: the intention of the setback requirement in the zoning by-law is to ensure that
the property has space for walkway, amenities, circulation, parking, pathways and
separation from the street and abutting lots. The requests for legalizing, the side yards and
rear yard all recognize an existing situation. The building was used at one point as a tool
and die shop; however, its use has ended. The building has existed for several years with
no negative impact on the surrounding neighbourhood, and the applicant has advised that
the building will continue to exist as is.
Parking location: The requested minor variance to permit the required parking located
between the front façade and the front lot line recognizes an existing situation. The zoning
requirement to not permit parking between the front façade and the lot line, is to ensure
the street. The proposed parking lot is setback approximately 4.8 metres from the front lot
line with an additional road widening area, providing a sufficient buffer from the street. This
setback, combined with landscaping opportunities, can help mitigate the visual impact on
the streetscape, maintaining a balance between functionality and urban design goals.
Given that this layout reflects the existing conditions, the minor variance supports a
reasonable use of the property without compromising the intent of the zoning bylaw to limit
front yard parking.
Parking reduction: The intent of the requirement for 1 parking space per dwelling unit
and 0.15 visitor spaces per dwelling unit is to ensure adequate parking for residents and
visitors. The proposal seeks a reduction to 0.6 parking spaces per dwelling unit (20 spaces
total) and 0.09 visitor spaces per dwelling unit (3 spaces total). A parking study was
submitted in support of this reduction and was reviewed by Transportation Services staff,
who have no concerns regarding the proposed rate. Additionally, the property is well-
served by active transportation options nearby, and sufficient bicycle parking is available
to encourage alternative transportation methods. Staff are of the opinion that the proposed
parking rate adequately meets the needs of the future residents and aligns with the intent
of the zoning by-law
Private Patio: The intent of the required private patio is to ensure that each unit has
enough private amenity space to enhance residents' quality of life. Common amenity
space is also important as it promotes well-being, fosters a sense of community, and
allows residents to enjoy outdoor environments. The lack of private patio space for
ground-floor units does not meet the intent of the zoning by-law, as the site lacks adequate
private amenity areas and is not in close proximity to a public park. With the proposed
increase in density, the absence of private outdoor space limits the quality and livability of
the housing for future residents. Providing accessible, private outdoor space is essential to
ensure that the development supports a high standard of residential livability.
Floor Space Ratio: The 0.6 Floor Space Ratio (FSR) is a regulation in the Zoning By-law
intended to ensure that development is compatible in scale and form with other low-rise
housing types in adjacent properties. The proposed increase in FSR adds mass to the
existing building, leading to a density that does not comply with required setbacks, parking
provisions, or amenity space. This additional massing pushes the building closer to the
property line than allowed, resulting in reduced privacy and limiting functional amenitiesfor
residents. The cumulative effect of these variations does not meet the Zoning By-law
intent of the FSR to provide compatible, livable residential development within a balanced
urban form.
Based on these concerns, staff recommend deferring this application to allow the applicant
an opportunity to revise and improve the proposal, ensuring it better aligns with the Zoning
By-Law requirements.
Is/Are the Effects of the Variance(s) Minor?
The potential individual and cumulative impacts of the requested variances relating to
existing setbacks, parking location and reduction, floor space ratio, and the lack of ground
floor patios are significant, as they currently do not align with the intent of the Official Plan
and zoning by-law. To consider these variances minor in nature, it is essential to reduce
the building's massing and address the redlined conditional approval comments to better
integrate with surrounding properties and improve site functionality. Therefore, staff are
not satisfied that the effects of the proposed variances can be considered minor until these
outstanding issues are resolved.
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 form of missing middle housing inventory,
converting the existing industrial building into a multiple dwelling by making use of existing
infrastructure. However, the accumulation of variances results in an overbuilt area relative
to the available site area. Therefore, staff recommend a deferral to allow revisions that
would better meet these objectives and create a more desirable development for future
residents.
Environmental Planning Comments:
No environmental comments or concerns.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances provided building permit
for the change of use of the existing industrial building into a residential building is
obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
Park planning concerns including required park dedication as cash in lieu of land will be
addressed through SP24/047/F/AA.
Transportation Planning Comments:
Transportation Services has no concerns with this application.
The 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 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
mailing the
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 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
DSD-19-217
October30, 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 November 19, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 090 – 386 Wake Robin Crescent – No concerns
2) A 2024 - 091 – 32 Burgetz Avenue – No concerns
3) A 2024 - 092 – 34 Burgetz Avenue – No concerns
4) A 2024 - 093 – 36 Burgetz Avenue – No concerns
5) A 2024 - 094 – 38 Burgetz Avenue – No concerns
6) A 2024 - 095 – 29 The Crestway – No concerns
7) A 2024 - 096 – 165 Fairway Road North –No concerns
8) A 2024 - 097 – 593 Ephraim Street – No concerns
9) A 2024 - 098 – 153 Eighth Avenue – No concerns
10) A 2024 - 099 – 165 Courtland Avenue East – No concerns
11) A 2024 - 100-103 – 100-106 St. George Street – No concerns
12) A 2024 - 104 – 70 Rutherford Drive – No concerns
13) A 2024 - 105 – 74 Rutherford Drive – No concerns
14) A 2024 - 106 – 73 Fourth Avenue – 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: 4815124
815124
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: 4815124
November 4, 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 November 19, 2024
Applications for Minor Variance
A 2024-090386 Wake Robin CrescentA 2024-098153 Eighth Avenue
A 2024-09132 Burgetz AvenueA 2024-100100-106 St. George Street
A 2024-09234 Burgetz AvenueA 2024-101100-106St. George Street
A 2024-09336 Burgetz AvenueA 2024-102100-106 St. George Street
A 2024-09438 Burgetz AvenueA 2024-103100-106 St. George Street
A2024-09529 The CrestwayA 2024-10470 Rutherford Drive
A 2024-096165 Fairway Road NorthA 2024-10574 Rutherford Drive
A 2024-097593 Ephraim StreetA 2024-10673 Fourth Avenue
Applicationsfor Consent
B 2024-02962 Fourth AvenueB 2024-034 & B 2024-03570 & 74
B 2024-030630 Benninger DriveRutherford Drive
B 2024-031829 Stirling Avenue SouthB 2024-03673 Fourth Avenue
B2024-032& B 2024-03375 Otterbein
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