HomeMy WebLinkAboutDSD-2025-071 - A 2025-009 - 775 Queen Street South
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 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 9
DATE OF REPORT: February 7, 2025
REPORT NO.: DSD-2025-071
SUBJECT: Minor Variance Application A2025-009 775 Queen St. S.
RECOMMENDATION:
That Minor Variance Application A2025-009 for 775 Queen Street South requesting
Permission under section 45(2)(a)(ii) of the Planning Act to permit the enlargement
or extension of a legal non-conforming use, a Single Detached Dwelling with one
Additional Dwelling Unit (Attached), to facilitate the addition of an Additional
Dwelling Unit (Detached) with 2 dwelling units for a total of 4 dwelling units on the
subject property, generally in accordance with the plan received on January 22,
2025, prepared by Craig Dumart, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the request for permission to expand a legal
non-conforming use at 775 Queen Street South.
The key finding of this report is that staff are satisfied that expanding the legal non-
conforming use is in the public interest and does not create unacceptable impacts on
abutting properties.
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
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 within the Mill-Courtland neighbourhood and is situated on
the northeast corner of the intersection of Queen Street South and Highland Road East.
The property has approximately 15 metres of frontage on Queen Street South and 30
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
metres frontage on Highland Road East and currently contains a Single Detached
Dwelling with one Additional Dwelling Unit (Attached) which is a legal non-conforming use.
Figure 1: Location Map - 775 Queen St. S. (Outlined in Red)
Community Areas Urban Structure and is
on Map 3 Land Use The property
--law 2019-051. The property also falls
Established
Neighbourhood Ar-law 2019-051.
The purpose of this permission application is to expand the legal non-conforming use, a
Single Detached Dwelling with one Additional Dwelling Unit (Attached), to facilitate the
construction of an Additional Dwelling Unit (Detached) with two dwelling units for a total of
four dwelling units on the property. Staff note that the current MIX-1 zone permits a
dwelling unit but only within a mixed use building where at least one permitted non-
residential is located on the ground floor along the entire length of the street line façade.
Neither the existing building nor proposed Additional Dwelling Unit (Detached) contain a
ground floor non-residential use.
In addition to the permission application, a building permit and Zoning Occupancy
Certificate is required before the Additional Dwelling Unit (Detached) can be constructed.
The Zoning Occupancy Certificate process will ensure the proposed structure is zoning
compliant with respect to such regulations as setbacks, building height, minimum
landscaping, minimum parking, and maximum driveway width. The applicant has yet to
submit a Zoning Occupancy Certificate which means staff cannot confirm the proposed
structure is completely zoning compliant. However, staff noticed during a site visit that the
existing driveway extends beyond the garage on both sides as shown in Figure 4 below
and is approximately 13 metres wide. As per Zoning Section 5.1, whenever there is an
increase in gross floor area on a lot, such as adding an Additional Dwelling Unit
(Detached), the provisions of Section 5 shall apply. This means the driveway must be
reduced in width to comply with the current maximum permitted driveway width of 8
metres or otherwise permitted by a minor variance application before the Additional
Dwelling Unit (Detached) can be zoning compliant. Any necessary driveway modifications
will be managed as part of the Zoning Occupancy Certificate process.
Figure 2: Site Plan for Additional Dwelling Unit (Detached)
Figure 3: Front of Existing Single Detached Dwelling with one Additional Dwelling
Unit (Attached)
Figure 4: Existing Driveway
Figure 5: Proposed Location for Additional Dwelling Unit (Detached) in Rear Yard
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)(ii). 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 satisfied that request for permission to expand the legal non-conforming use to
facilitate the construction of an Additional Dwelling Unit (Detached) with two dwelling units
is in the public interest. The City of Kitchener is currently experiencing a housing crisis and
is looking for opportunities to facilitate residential development wherever appropriate, such
as the proposed intensification on the subject property.
Any Adverse or Unacceptable Impacts?
The proposed expansion of the legal non-conforming use, a Single Detached Dwelling
with one Additional Dwelling Unit (Attached), does not create any unacceptable or adverse
impacts on abutting properties. The abutting property to the north is also zoned MIX-1
and as mentioned above, a dwelling unit is a permitted use provided the dwelling unit is
located within a mixed use building with at least one ground floor non-residential use
which abuts the entire street line façade. Since a dwelling unit is a permitted use, the other
permitted uses within the MIX-1 are contemplated to be within close proximity of dwelling
units. As such, adding more dwelling units to the subject property should not have
unacceptable impacts on the abutting property to the north. The other abutting property to
the east is Woodside Park which will not be negatively impacted by the expansion of the
legal non-conforming use.
Environmental Planning Comments:
Environmental Planning has no concerns with this application.
Heritage Planning Comments:
The subject property is located adjacent to the Victoria Park Neighborhood Heritage
Conservation District, and to 20-30 Woodland Road East, which is designated under Part
IV of the Ontario Heritage Act. The proposed development is not anticipated to have any
adverse impacts to the adjacent protected cultural heritage resources. Thus, staff have no
concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building
permit for the two detached additional dwelling units is obtained prior to construction.
Please contact the Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
Applicant will need to
Permit stage.
Parks and Cemeteries/Forestry Division Comments:
Although no construction is proposed along Queen Street, there is an un-inventoried tree
along the Queen Street Sout frontage that is likely a shared boundary tree and should be
protected to required City standards throughout construction as per Chapter 690 of the
current Property Maintenance By-law. I would also note that the existing driveways are
wider than what is shown on the mark-up survey.
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
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 Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
January 27, 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 February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 005 – 42 Hillcrest Lane - No Concerns
2) A 2025 – 006 – 19 Carlin Avenue - No Concerns
3) A 2025 – 007 – 864 King Street West - No Concerns
4) A 2025 – 008 – 1035 Ottawa Street North - No Concerns
5) A 2025 – 009 – 775 Queen Street South - No Concerns
6) A 2025 – 010 – 180 Ahrens Street West - No Concerns
7) A 2025 – 011 – 86 Florence Avenue (retained) - No Concerns
8) A 2025 – 012 – 86 Florence Avenue (severed) - 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.
Document Number: 4880325
28935
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4880325
January 31, 2025via 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 February 18, 2025
Applications for Minor Variance
A 2025-00619 Carlin Avenue
A 2025-007864 King Street West
A 2025-0081035 Ottawa Street North
A 2025-009775 Queen Street South
A2025-010180 Ahrens Street West
A 2025-01186 Florence Avenue
A 2025-01286 Florence Avenue
Applicationsfor Consent
B 2025-002685 Fischer Hallman Road
B 2025-003180 Ahrens Street West
B 2025-00486 Florence Avenue
B 2025-00586 Florence Avenue
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