HomeMy WebLinkAboutDSD-2025-019 - B 2025-001 - 284 Duke St EStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 21, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 8, 2025
REPORT NO.: DSD -2025-019
SUBJECT: Consent Application B2025-001 — 284 Duke Street East
RECOMMENDATION:
That Consent Application B2025-001 requesting consent to sever a parcel of land
having a lot width of 12.7 metres, a lot depth of 12.1 metres and a lot area of 155.2
square metres to convey as a lot addition to 44 Betzner Avenue North, BE
APPROVED subject to the following conditions:
That the Owner's solicitor shall provide draft transfer documents and associated
fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division.
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
4. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an
Application Consolidation Parcels immediately following the registration of the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 53 of 70
Severance Deed and prior to any new applicable mortgages, and to provide a
copy of the registered Application Consolidation Parcels to the City Solicitor
within a reasonable time following registration.
Alternatively, if in the opinion of the City Solicitor, an Application Consolidation
Parcels cannot be registered on title, the Owner shall take such alternative
measures and provide such alternative documents to ensure that the severed
parcel and receiving parcel are not separately encumbered, conveyed, or
otherwise transferred from one another and shall remain in common ownership,
at the discretion of and to the satisfaction of the City Solicitor.
6. That the Owner obtains a Demolition Permit, for the existing metal -clad garage
proposed to be demolished, to the satisfaction of the Chief Building Official, and
removes the existing metal -clad garage prior to deed endorsement.
7. That the Owner submit the consent review fee of $350 to the Regional Municipality
of Waterloo.
REPORT HIGHLIGHTS:
• The purpose of this report is to review and make recommendations with respect to the
consent application for 284 Duke Street East and 44 Betzner Avenue North.
• Staff recommend that the application be approved.
• 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 report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Duke Street East, a short distance
from the intersection of Duke Street East and Betzner Avenue North. 44 Betzner Avenue
North is located on the west side of Betzner Avenue, a shorty distance north of the
intersection with Duke Street East. The two properties share a property line (the rear yard
of the Betzner Avenue North and side yard of the Duke Street East property).
The surrounding area is generally low-rise residential, with mixed non-residential uses
along the nearby King Street East and Charles Street East corridors and westerly towards
Downtown Kitchener.
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Figure 1 - The subject properties (284 Duke Street East in red, 44 Betzner Avenue
North in green) and surrounding property boundaries.
Figure 2 - Photo of 284 Duke Street East
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The properties are identified as `Protected Major Transit Station Area' on Map 2 — Urban
Structure and designated `Strategic Growth Area A' on Map 3 — Land Use in the City's
2014 Official Plan.
Both properties are zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1. Both
properties are also zoned `SGA -1' in Zoning By-law 2019-051 (Amending By-law 2014-065
currently under appeal and not in effect).
The purpose of the application is to sever the rear portion of 284 Duke Street East and
add this area to the rear of 44 Betzner Avenue North. The severed area is roughly 155
square metres in area. The lands to be severed currently contains a metal -clad garage,
which is proposed to be removed. Both 284 Duke Street East and 44 Betzner Avenue
North contain a single detached dwelling, both of which will remain.
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Figure 5 - Sketch of the proposed consent
Page 57 of 70
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
Staff are satisfied that the proposed severance applications are consistent with the
Provincial Planning Statement in general and as it relates to housing policies in Chapter 2
regarding intensification and facilitating housing options. While no development is
proposed through this application, the new parcel arrangement does not preclude infill
development from occurring in the future, should Additional Dwelling Unit(s) wish the be
pursued. Thus, Section 2.2 1 (b) of the PPS 2024, which states that Planning authorities
shall provide for an appropriate range and mix of housing options and densities to meet
projected needs of current and future residents of the regional market area by permitting
and facilitating all housing options required to meet the social, health, economic and well-
being requirements of current and future residents, can remain achievable.
Regional Official Plan (ROP):
ROP Urban Area policies state that the focus of the Region's future growth shall be within
the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up
Area' in the ROP. While no development is proposed through this application, the new
parcel arrangement does not preclude the implementation of ROP policies. Further
implementing the PPS 2024, Regional policies require municipalities to plan for a range of
housing in terms of form, tenure, density, and affordability to satisfy the various physical,
social, economic, and personal support needs of current and future residents. The
neighbourhood provides for the physical and community infrastructure required for
residential development, including transportation networks, municipal water and
wastewater systems, and a broad range of social and public health services, conforming
with Policy 2.D.1 of the ROP. Staff are satisfied that the proposed severance applications
adhere to these policies and conforms to the ROP.
City's Official Plan (2014)
The subject properties are identified as `Protected Major Transit Station Area' on Map 2 —
Urban Structure and is designated `Strategic Growth Area A' on Map 3 — Land Use in the
City's Official Plan.
Section 3.C.2.17 of the Official Plan Protected Major Transit Station Areas
3.C.2.17. The planned function of Protected Major Transit Station Areas, in order to
support transit and rapid transit, is to:
a) provide a focus for accommodating growth through development to
support existing and planned transit and rapid transit service levels;
b) provide connectivity of various modes of transportation to the transit
system;
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c) achieve a mix of residential, office (including major office), institutional
(including major institutional) and commercial development (including retail
commercial centres), wherever appropriate; and,
d) have streetscapes and a built form that is pedestrian -friendly and transit -
oriented."
The preamble of Section 15 pertaining to Strategic Growth Area A provides the following:
"The Strategic Growth Area A land use designation is generally intended to accommodate
intensification within existing predominantly low-rise residential neighbourhoods, lands
further away from Rapid Transit station stops, and/or lands where existing lots are
generally too small to support high rise buildings. It is anticipated that the majority of
development and/or redevelopment will occur through infill including missing middle
housing and compatible non-residential uses."
The proposed consent application continues the exiting function of the subject properties
and does not preclude future infill opportunities.
Section 15.D.2.55 of the Official Plan provides additional direction for Strategic Growth
Area A lands:
15.D.2.55. The Strategic Growth Area A land use designation will accommodate a
range of low and medium density residential housing types including those
permitted in the Low Rise Residential and Medium Rise Residential land use
designation."
The proposed consent application continues the existing low rise residential use of the
properties, conforming to the intended function of Strategic Growth Area A lands.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies). These
policies state the following:
"17.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
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e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
properties."
The proposed consent application conforms to Official Plan policies, and in particular, policy
17.E.20.5.B. The existing lot lines are anomalous to the surrounding area. The rear yard of
284 Duke Street East extends unusually far, creating a shorter than typical property at 44
Betzner Avenue North. Through the proposed consent application, the lot lines will be aligned
with the surrounding neighbourhood, demonstrating better conformity to Official Plan policy
17.E.20.5.B than the existing condition.
Zoning By-law 85-1
The subject properties are zoned as `R-5' in Zoning By-law 85-1. The following zone
provisions will be impacted by the proposed consent application: Lot Area, Rear Yard, and
Lot Coverage. The following table outlines the R-5 requirement for each of these
provisions, as well as the conformity of each property as proposed.
Zone
Provision
Requirement
284 Duke Street East
44 Betzner Avenue North
Provided
Conformity
Provided
Conformity
Minimum Lot
Area
235 m2
304.9 m2
Y
456.3 m2
Y
Minimum Rear
Yard
7.5 m
8 m
Y
19.9 m
Y
Maximum Lot
Coverage
45%
< 45%
Y
< 45%
Y
Both lots, as proposed, will conform to the requirements of the `R-5' zone of Zoning By-law
85-1.
Zoning By-law 2019-051
The subject properties are zoned as `SGA -1' in Zoning By-law 2019-051, introduced as
part of the Growing Together East initiative. Growing Together is currently under appeal,
and as such the `SGA -1' is yet to be in force and effect. Although not in effect, applications
are tested against the new zoning for consistency. The three relevant zone provisions
listed above remain the same in the `SGA -1' zone, with Maximum Lot Coverage being
increased to 55%. As such, the proposal conforms to the requirements of the `SGA -1'
zone of Zoning By-law 2019-051.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are
desirable and appropriate.
Page 60 of 70
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
No comments.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
No comments.
Region of Waterloo Comments:
Any submission requirements may be subject to peer review, at the owner/
Owner/Developer's expense as per By-law 23-062. If any other applications are required
to facilitate the application, note that fees are subject to change and additional
requirements may apply.
Any future development on the lands subject to the above -noted consent applications will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Prior to final approval, City staff must be in receipt of the above -noted
Regional condition clearances.
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 — This report has been posted to the City's website with the agenda in 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
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
Page 61 of 70
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 85-1 and 2019-051 (As amended by By-law 2024-065)
ATTACHMENTS:
Attachment A — Consent Sketch
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Page 63 of 70
N*
Region of Waterloo
VIA EMAIL
Connie Owen
Administrative Clerk,
City of Kitchener
200 King Street West
Legislative Services
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENTAND
LEGISLATIVE SERVICES
150 Frederick Street, 8t" floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/25 KIT
January 6, 2025
Re: Comments on Consent Applications: B2025-001
Committee of Adjustment Hearing January 21, 2025
City of Kitchener
Please accept the following comments for the above -noted Consent applications to be
considered at the upcoming Committee of Adjustment Hearing.
Page 64 of 70
File: B2025-001
Address: 284 Duke St E
Description: PLAN 129 LOT 6
Owner: Tim Bolton & Kathleen MacGregor
Agent: Scott Bolton
The owner/applicant proposes consent to add part of lands from 284 Duke St E to 44
Betzner Ave N; being proposed severed lands 55.2sgm area (no frontage); retained
lands 304.9sgm with approx. 13m frontage; and benefitting lands 302.1 sqm area with
12.18m frontage. Redevelopment is not proposed; existing garage is proposed to be
demolished.
In the Regional Official Plan, the subject lands are within the Urban Boundary,
designated Built-up Area, and within a Major Transit Station Area (MTSA) — Kitchener
Market Station (Map 1, Map 2, Fig 6d). In the City's Official Plan, the lands are
designated Strategic Growth Area A (Map 3) and Protected MTSA (Map 4). In the City's
Zoning By-law, the lands are zoned R-5 (ZBL 85.1/2019-051) and proposed SGA -1
(Growing Together).
Regional Fees
Regional staff have not received the fee for consent review of $350 per application. The
payment of fee will be required as a condition of consent approval.
Regional Staff has no objection to this application subject to the following
condition(s):
That the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
Page 65 of 70
General Comments
Any submission requirements may be subject to peer review, at the owner/
Owner/Developer's expense as per By-law 23-062. If any other applications are
required to facilitate the application, note that fees are subject to change and additional
requirements may apply.
Any future development on the lands subject to the above -noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Prior to final approval, City staff must be in receipt of the above -
noted Regional condition clearances.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above. Should you require
Regional Staff to be in attendance at the meeting or have any questions, please do not
hesitate to contact the undersigned.
Thank you,
Erica Ali RPP
Planner, Regional Growth, Development and Sustainability Services
Regional Municipality of Waterloo
Page 66 of 70
January 3, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — January 21, 2025
Applications for Minor Variance
A 2025-001
535 Manitou Drive
A 2025-002
72 Strange Street
A 2025-003
126 Highland Road West
A 2025-004
240 Chapel Street
Application for Consent
B 2025-001 284 Duke Street East
via email
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 are not subject to Ontario Regulation 41/24 and, therefore, a permission
from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)-grandriver. ca or 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand - A Canadian Heritage River
Page 67 of 70
From: Jenna Auger
To: Committee of Adjustment (SM); Committee of Adjustment (SM)
Cc: Farah Faroaue
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — January 21, 2025 Meeting
Date: Friday, December 27, 2024 9:53:49 AM
Attachments: imaae001.ona
Some people who received this message don't often get email fromjenna.auger@metrolinx.com. Learn why this is
important
Good morning,
Metrolinx is in receipt of the following committee applications for the Committee of Adjustment
meeting scheduled for January 21, 2025.
Upon review, Metrolinx notes that none of these properties are subject to our review zones.
Therefore, Metrolinx expresses no comments or concerns for this agenda.
Best Regards,
Jenna Auger (She/Her)
Third Party Projects Review (TPPR)
Development & Real Estate Management
T: (416)-881-0579
10 Bay Street I Toronto I Ontario I M5J 21\18
METROLINX
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: Thursday, December 19, 2024 11:02 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review—January 21, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
liable, ou clue vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, January 21, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 68 of 70
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Monday, January 6, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchen er.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
Page 69 of 70
From:
To:
Subject:
Date:
Hello,
AMIN Pranav
Committee of Adiustment (SM)
Kitchener - 284 Duke Street East - B 2025-001
Thursday, January 2, 2025 9:40:52 AM
We are in receipt of your Application for Consent, B 2025-001 dated 2024-12-19. We have reviewed the documents
concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues
affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting'Low Voltage Distribution Facilities' the Owner/Applicant should consult their local area
Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision
group at subdivision@Hydroone.com or 1-866-272-3330.
To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com)
Please select "Search" and locate the address in question by entering the address or by zooming in and out of the map
? a
MENU HELP SEARCH
hyd tune
Customers Affected: 0 >5000 0 501-5000 0 51-500 0 21-50 V e=20 0 Multiple JDCrew — Service Area
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If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications(aPHydroOne.com to be connected to your Local Operations Centre
If you have any questions please feel free to contact myself.
Thank you,
Dennis De Rango
Specialized Services Team Lead,
Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango(?rHydroOne.com
Burlir
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