HomeMy WebLinkAboutDSD-2025-026 - A 2025-004 - 240 Chapel StreetStaff 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: Sean Harrigan, Senior Planning Technician, 519-783-8934
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 10, 2025
REPORT NO.: DSD -2025-026
SUBJECT: Minor Variance Application A2025-004 - 240 Chapel Street
RECOMMENDATION:
That Minor Variance Application A2025-004 for 240 Chapel Street requesting relief
from Section 39.2.1 of Zoning By-law 85-1 to permit an east side yard setback of 0.4
metres instead of 1.2 metres, generally in accordance with drawings prepared by
QBS Architects, dated December 16, 2024, BE APPROVED subject to the following
condition:
That the property owner shall modify the existing driveway such that it does
not exceed a maximum width of 8.0 metres, is a minimum 0.46 metres from the
eastern side lot line and is clearly distinguishable from all other ground cover
or surfacing including landscaping and walkways, in accordance with the
regulations of Zoning By-law 85-1, by May 31, 2025. Any request for a time
extension must be approved in writing by the Manager of Development
Approvals prior to completion date set out in this decision. Failure to complete
this condition will result in this approval becoming null and void.
AND
That Minor Variance Application A2025-004 for 240 Chapel Street requesting relief
from Section 5.22.f) of Zoning By-law 85-1 to permit an unobstructed walkway with a
minimum width of 0.92 metres instead of 1.1 metres, generally in accordance with
drawings prepared by QBS Architects, dated December 16, 2024, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the minor variance application to allow for a
reduced minimum side yard setback and minimum width for an unobstructed walkway
to facilitate the conversion of a basement into an Additional Dwelling Unit (Attached).
*** 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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• The key finding of this report is that the minor variance for a reduced minimum side
yard setback satisfies the four tests in the Planning Act, but the minor variance for a
reduced minimum width for an unobstructed walkway fails to satisfy one of the four
tests.
• 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 Chapel Street between Dumfries
Avenue and East Avenue and south of Frederick Mall. The property currently contains a
Single Detached Dwelling with one Additional Dwelling Unit (Attached) and one Additional
Dwelling Unit (Detached).
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Figure 1: Location Map — 240 Chapel Street (Outlined in Red)
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Conservation A' on Map 20 — Central Frederick Neighbourhood Plan
for Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1. The property
also falls within Appendix H — Residential Intensification in Established Neighborhoods
Study (RIENS) Area in Zoning By-law 85-1
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The purpose of this minor variance application is to recognize the existing minimum side
yard setback to facilitate the conversion of an existing basement into an Additional
Dwelling Unit (Attached) and to legalize an undersized unobstructed walkway required for
an existing Additional Dwelling Unit (Detached) and for the proposed Additional Dwelling
Unit (Attached).
A previously minor variance application, A2022-074, was approved on July 19, 2022,
which permitted a reduced minimum side yard setback of 0.4 metres instead of 1.2 metres
to facilitate the construction of the Additional Dwelling Unit (Detached) in the rear yard.
This previous minor variance was limited to the proposed development at the time of the
application which means the owner must receive approval again for the reduced minimum
side yard setback before adding another Additional Dwelling Unit (Attached).
During a site visit for this minor variance application, staff discovered a chimney and utility
meter on the left side of the main house which projected 0.18 metres into the 1.1 metre
wide unobstructed walkway required for the existing Additional Dwelling Unit (Detached)
and proposed basement Additional Dwelling Unit (Attached). As such, the property is not
currently zoning compliant. These partial walkway obstructions were not identified on the
previous minor variance application, site plan application, or building permit. This zoning
deficiency was not identified until this point as final inspections for building permits do not
involve exterior landscaping. The applicant was informed of this zoning deficiency and
promptly amended the current minor variance application to address the issue. It was also
identified that part of the poured concrete for the existing unobstructed walkway
encroached approximately 0.06 metres into the abutting property. This encroachment is
not included in this minor variance application and instead is a civil issue between property
owners.
If the minor variance is not approved for the walkway, then modifications will be necessary
to the chimney and utility meter, or obtaining an easement for the walkway, in order to
meet the minimum 1.1 metres.
During the site visit, staff also noticed that the existing driveway exceeded the maximum
permitted width and encroached into the required side yard setback. The applicant was
made aware if this issue and has agreed to convert part of the driveway of both sides to a
walkway to comply with zoning regulations. A condition of approval has been requested to
ensure the necessary driveway modifications are implemented.
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Figure 2: Site Plan
Figure 3: 2022 Site Plan and Walkway for Additional Dwelling Unit (Detached)
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Figure 4: 240 Chapel Street (Edge of Driveway on Both SIdes Proposed as Walkway)
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Figure 5: Walkway Leading to Existing and Proposed Additional Dwelling Unit
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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 Conservation A' on Map 20 — Central
Frederick Neighbourhood Plan for Land Use in the Official Plan. The intent of this
designation is to preserve the scale, use, and intensity of existing development in portions
of the community where the vast majority of land use is single detached dwellings. The
proposed conversion of the basement into another Additional Dwelling Unit (Attached)
does not require exterior alterations except for a new door in the rear yard. As such, staff
are satisfied that the proposed variance for a reduced side yard setback to facilitate the
construction of the new Additional Dwelling Unit (Attached) maintains the general intent of
the Official Plan.
A 1.1 metre wide unobstructed walkway was originally required for the existing Additional
Dwelling Unit (Detached) and is now required for the proposed new basement Additional
Dwelling Unit (Attached). Official Plan policy 4.C.1.24 lists criteria that will be considered
as the basis for permitting an Additional Dwelling Unit (Detached) and clearly includes the
requirement that site layout considers pedestrian and vehicular access. Suitable vehicle
access has been achieved through the proposed driveway while suitable pedestrian
access has been achieved through the existing walkway. The walkway is slightly narrower
than the zoning requirement at one point directly beside the chimney and utility meter, but
the rest of the walkway is sufficient in width and this pinch point should not negatively
impact daily pedestrian access. As such, staff are satisfied that the variance for a reduced
unobstructed walkway width maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the minimum side yard setback is to ensure sufficient space for
drainage and pedestrian access along the side of the house and to help ensure a
consistent streetscape. To this regard, the reduced side yard setback is an existing
situation which has not appeared to negatively impacted drainage or pedestrian access.
This existing situation has also been part of the streetscape character for several decades.
A such, staff are satisfied that the variance for reduced minimum side yard setback
maintains the general intent of the Zoning By-law.
The general intent of the 1.1 metre wide unobstructed walkway comes from the
Emergency Services Policy which requires a suitable emergency access route from a
street to the principal entrance of an Additional Dwelling Unit (Attached) where the door
does not face a street and all Additional Dwelling Units (Detached). The Emergency
Services Policy originally requires a 1.2 metre wide walkway, but through further
discussions with Emergency Services, it was decided to slightly lower the minimum width
to 1.1 metres in the Zoning By-law to make it easier to add Additional Dwelling Units to
properties with existing dwellings without compromising staff's ability to respond to an
emergency. However, Emergency Services made it abundantly clear that they generally
Page 45 of 70
do not support further deviations from the Emergency Services Policy to allow walkways
below 1.1 metres in width as this can create problems responding to emergencies. For this
particular case on 240 Chapel Street, Emergency Services has concerns with the pinch
point directly beside the chimney and utility meter since it may be difficult to maneuver a
stretcher, fire fighting equipment, or other emergency services around the chimney and
utility meter without crossing onto the neighbouring property, which could be blocked by a
fence or structure should the neighbour ever decided to construct something on this part of
their property. Given these concerns with emergency access, staff are not satisfied that
the variance for reduced walkway width maintains the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed variance for a reduced minimum side yard setback is required for an
existing Single Detached Dwelling to facilitate the conversion of a basement into another
Additional Dwelling Unit (Attached). Staff are satisfied that the proposed variance is minor
in nature given that this is an existing situation and the increase in residential units should
not negatively impact the subject property, abutting property, or neighbourhood.
The proposed reduction in walkway width is also considered minor in nature given the
proposed width does not significantly deviate from the Zoning By-law and the reduced
width is only required for one pinch point directly beside the chimney and utility meter.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variance for reduced minimum side yard setback and minimum width for an
obstructed walkway are considered desirable for the appropriate development of the land.
The variances are required for existing and proposed Additional Dwelling Units which are
encouraged for this area of the City. The variances also do not negatively impact the use
of the land, abutting properties, or neighbourhood.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the additional dwelling units is obtained prior to construction. Please contact the
Building Division at building(akitchener.ca with any questions.
Engineering Division Comments:
No concerns.
The side yard currently accommodates overland stormwater flows from the rear yard. A
sidewalk is required to the rear yard in accordance with the Zoning By-law. The final
grading of this property shall not adversely affect the drainage of adjacent properties or the
overall grading control plan. The Owner is responsible to address storm water drainage at
the Building Permit stage.
Page 46 of 70
Parks/Operations Division Comments:
There is an existing City -owned street tree within the boulevard and this tree should be
protected in place to City standards throughout all construction. Tree protection fencing
should be provided on all four sides of the tree as shown in green - please see fencing
requirements at
https://www.kitchener.ca/en/resourcesGeneral/Documents/INS OPS Treemanagementpo
licv.pdf
Transportation Planning Comments:
Transportation Services have no concerns with this application.
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.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 85-1
• City of Kitchener Emergency Service Policy
Page 47 of 70
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 49 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 50 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.
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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 51 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
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