HomeMy WebLinkAboutDSD-2025-021 - A 2025-003 - 126 Highland Rd WStaff 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 9
DATE OF REPORT: January 8, 2025
REPORT NO.: DSD -2025-021
SUBJECT: Minor Variance Application A2025-003 —126 Highland Rd. W.
RECOMMENDATION:
That Minor Variance Application A2025-003 for 126 Highland Road West requesting
permission under Section 45(2)(a)(i) of the Planning Act, to permit the enlargement
or extension of a legal non -conforming use, a Single Detached Dwelling in the
"Mixed Use One Zone (MIX -1)" of Zoning By-law 2019-051, to facilitate the
development of an Additional Dwelling Unit (ADU) (Attached), generally in
accordance with drawings prepared by JR Design and Consultants, dated October
2024, BE APPROVED, subject to the following conditions:
1. That the Owner shall alter the existing driveway to conform with Zoning By-law
2019-051.
2. That the Owner shall complete the work, identified in Condition No. 1 above, by
June 1, 2025. Any request for a time extension must be approved in writing by
the Manager, Development Approvals prior to completion date set out in this
decision. Failure to complete the condition will result in this approval becoming
null and void.
REPORT HIGHLIGHTS:
• The purpose of this report is to review and make recommendations with respect to the
requested application for Permission for 126 Highland Road West.
• The key finding of this report is the application meets the applied tests and is
recommended for approval.
• 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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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 Highland Road West, between West
Avenue and Patricia Avenue. A mix of residential and non-residential uses are located
along this stretch of Highland Road West, with predominantly residential and institutional
uses on the south side of the road.
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Figure 1 — Location Map
The subject property is identified as `City Node' on Map 2 — Urban Structure and is
designated 'Mixed Use' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Mixed Use One Zone (MIX -1) with Site Specific Provision (62)' in
Zoning By-law 2019-051. The `MIX -1' zone does not permit stand-alone residential uses,
resulting in the existing dwelling on the subject property being a legal non -conforming use
as it was constructed prior to the current zoning coming into effect.
The purpose of the application is to permit the expansion of the legal non -conforming use
to facilitate the creation of an Additional Dwelling Unit (ADU)(Attached) to essentially
create a Duplex use of the existing building. The Planning Act permits the expansion of
legal non -conforming uses, if certain criteria are met, as assessed in this report.
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Figure 2 - Photo of the Subject Property (Taken December 27, 2024)
REPORT:
Planning Comments:
Case law sets out the tests to be applied by the Committee of Adjustment in considering
applications under Section 45(2)(a)(i). It should be noted that the test to be applied is not the
four-part test for minor variances under Section 45(1) but rather whether the approval of the
application:
1. Is in the public interest; and
2. Creates unacceptable or adverse impact upon abutting properties.
Is Approval in the Public Interest?
Staff are of the opinion that the approval of this application is in the public interest as it would
permit the use of the existing basement as an ASU (Attached). The proposed use would
provide a form of gentle intensification, supporting the City's Housing Pledge and increasing
the range of housing options as directed in Official Plan policy 4.C.1.24. As residential uses
already exist along Highland Road, there would not be a discernable impact to the
surrounding uses in the area.
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Are There Adverse of Unacceptable Impacts?
Staff are of the opinion that permitting the use of the basement as an ADU (Attached) would
not result in any adverse or unacceptable impacts. The current building is not conducive to
mixed uses, and residential uses are permitted in the `MIX -1' zone. As such, no land use
impacts are anticipated. The required parking spaces can be accommodated on the site,
and no new additional floor area is proposed to the existing building. Additionally, the
basement unit is not visible from the public realm; therefore, no adverse or unacceptable
impacts are anticipated.
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.
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.
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PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
ATTACHMENTS:
Attachment A — Site Plan
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ATTACHMENT A
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December 20, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No., D20-201
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY- 519-575-4608
Fax: 519-575-4449
www.reg ionofwaterloo.ca
Subject: Committee of Adjustment Meeting January 21, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1 i
A 2025
- 001
— 535 Manitou Drive — No concerns
2)
A 2025
- 002
— 72 Strange Street — No concerns
3)
A 2025
- 003
— 126 Highland Road West — No concerns
4)
A 2025
- 004
— 240 Chapel Street — 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.
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
Document Number: 4853640
28935
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(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA(a)Kitchener. ca
Document Number: 4853640
Page 35 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 36 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 37 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
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