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Home My WebLink AboutDSD-2025-090 - A 2025-013 - 160 Grand River Blvd Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 18, 2025 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: February 24, 2025 REPORT NO.: DSD-2025-090 SUBJECT: Minor Variance Application A2025-013 - 160 Grand River Blvd. RECOMMENDATION: That Minor Variance Application A2025-013 for 160 Grand River Boulevard requesting relief from Section 11.3, Table 11-2, of Zoning By-law 2019-051 to permit an accessory building to be located 2.3 metres from the west side lot line and 5.1 metres from the south side lot line instead of the minimum required 7.5 metres to recognize the location of an existing accessory shed proposed to be used for storage of snow clearing and yard maintenance materials and equipment in accordance with Site Plan Application SP24/039/G/AA, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to recognize an accessory building to be located closer to the lot line than required The key finding of this report is that variances meet the four tests of the Planning Act. 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 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 and east of Marrison Road. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map of the Subject Property Figure 2: Zoning Map of The Subject Property The subject property is identified as sUrban Structure and Neighbourhood InstitutionalZone (INS-1-law 2019- 051. The purpose of this application is to recognize an existing 12-square-metre shed that was shed placement resulted in non-compliance with the required setbacks, as the property abuts a low-rise residential zone. The site currently contains a place of worship (church) with an associated religious school and has recently gone through improvements through two site plan applications. Site Plan Application SP23/052/G/AA proposed the construction of a storage garage behind the main building and updated water service, which has received conditional approval. The most recent Site Plan Application SP24/039/G/AA seeks to recognize the existing front fence, deep well waste collection area, and shed. Although the shed is too small to require a building permit, it must comply with the zoning by--rise residential zone, the minimum required yard setback is 7.5 metres. The shed, however, is located 5.1 metres from the south lot line and 2.3 metres from the west side lot line, resulting in the need for a minor variance. th Planning staff went to a site visit on February 28, 2025 Figure 3: Picture of The Storage Shed in Relation to the Abutting Residential Property Figure 4: Front Photo of The Subject Property with The Minor Variance Sign 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 Official Plan, under Section 15.D.7, states that the institutional use of land designation is intended for community or regional institutional uses, such as secondary and post- secondary educational facilities, long-term care facilities and social, cultural and administrative facilities. This land use designation also includes small-scale institutional uses compatible with surrounding uses such as public and private elementary schools, libraries, daycare centres, and places of worship. Additionally, Section 11.C.1.33(c) of the Official Plan refers to the minimization of adverse impacts on site, onto adjacent properties (mainly where sites are adjacent to sensitive land uses) The proposed shed is intended for institutional use to store salt for the winter. It is relatively small, measuring 12 square metres and approximately 3.0 metres in height. Furthermore, a fence along the property line helps mitigate any visual impact on adjacent properties. Given these factors, the proposed minor variance maintains the intent of the Official Plan. General Intent of the Zoning By-law The subject property is zoned Neighbourhood Institutional, which permits institutional uses, including places of worship and associated accessory structures. The Zoning By-law setback requirements intend to ensure compatibility with adjacent properties, minimize land use conflicts, and maintain an appropriate separation between buildings and property lines. The minimum yard setback abutting a lot with a low-rise residential zone is 7.5, which preserves adequate separation, reduces visual impact, and maintains privacy for neighbouring residential properties. The proposed accessory structure is relatively small (12 square metres) and has a height of approximately 3.0 metres. Although it is located 5.1 metres from the south lot line and 2.3 metres from the west lot line, its impact is minimized considering its small size and the nature of the use for salt storage, which does not generate noise. In addition to the required fence between the subject property and the residential zone, it provides a visual barrier to mitigate the negative impact. Based on the above, Planning staff is of the opinion that the requested variance is appropriate and meets the general intent of the Zoning By- law. Is/Are the Effects of the Variance(s) Minor? The shed is a small accessory structure (12 square metres, 3.0 metres in height) with a limited visual and functional impact on adjacent properties. The existing fence helps salt storage does not generate noise or other disturbances. Therefore, the effects of the variance are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposal allows for the efficient operation of the institutional use by providing a dedicated storage space for salt necessary for winter maintenance on the property. Therefore, staff is of the opinion that the variance is desirable and appropriate for the use of the land. Environmental Planning Comments: Tree Management was addressed through the Site Plan Application Heritage Planning Comments: No concerns. However, the applicant is advised that the subject property is located adjacent to the Walter Bean Trail Cultural Heritage Landscape. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the detached garage is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns Parks and Cemeteries/Forestry Division Comments: No concerns 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 March 4, 2025 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 013 160 Grand River Boulevard - No Concerns 2) A 2025 014 51 Meadowridge Street - No Concerns 3) A 2025 015 1180 Union Street - No Concerns 4) A 2025 016 45-53 Courtland Avenue East - No Concerns 5) A 2025 017 1157 & 1175 Weber Street East- No Concerns 6) A 2025 018 - 60 Wellington Street North - No Concerns 7) A 2025 019 - 114 Madison Avenue South- No Concerns 8) A 2025 020 - 15 Palace Street - No Concerns 9) A 2025 - 021 - 2880 King Street East No Concerns 10) A 2025-022 - 25 Haldimand Street - No Concerns 11) A 2025-023 - 140 Byron Avenue No Concerns 12) A 2025-024 - 507 Stirling Avenue South No Concerns 13) A 2025-025 - 93-95 Kinzie Avenue No Concerns 14) A 2025-026 - 250 Frederick Street No Concerns 15) A 2025-027- 13 Chicopee Park Court No Concerns 16) A 2024-096 - 165 Fairway Road North No Concerns 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ 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, Tanikia Kinear, C.E.T. Senior Transportation Planner (519) 897-5691 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ March 3, 2025 via email 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 March 18, 2025 Applications for Minor Variance A 2024-096 165 Fairway Road North A 2025-013 160 Grand River Boulevard A 2025-014 51 Meadowridge Street A 2025-015 1180 Union Street A 2025-016 45-53 Courtland Avenue East A 2025-017 1157-1175 Weber Street East A 2025-018 60 Wellington Street North A 2025-019 114 Madison Avenue South A 2025-020 15 Palace Street A 2025-021 2880 King Street East A 2025-022 25 Haldimand Street A 2025-023 140 Byron Avenue A 2025-024 507 Stirling Avenue South A 2025-025 93-95 Kinzie Avenue A 2025-026 250 Frederick Street A 2025-027 13 Chicopee Park Court Applications for Consent B 2025-006 142 Carson Drive B 2025-007 13 Chicopee Park Court B 2025-008 11a & 11b Chicopee Park Court 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 haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority