HomeMy WebLinkAboutDSD-2025-112 - A 2025-015 - 1180 Union StreetStaff Report
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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: Andrew Pinnell, Senior Planner, 519-783-8915
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: March 5, 2025
REPORT NO.: DSD -2025-112
SUBJECT: Minor Variance Application A2025-015 - 1180 Union Street
RECOMMENDATION:
That Minor Variance Application A2025-015 for 1180 Union Street requesting relief
from the following Sections of Zoning By-law 85-1:
i) Section 5.3, to permit a parking space and driveway to be located in the Corner
Visibility Triangle (7.5 metres by 7.5 metres), whereas the Zoning By-law does
not permit parking spaces and driveways in this location; and
ii) Section 6.1.1.1 b) iv) to permit a driveway to be located 7.4 metres from the
intersection of street lines instead of the minimum required 9.0 metres;
to facilitate the development of a 1.1 metre wide unobstructed walkway to a dwelling
unit in the existing building, generally in accordance with the Proposed Site Plan,
prepared by Bobicon Ltd., dated January 12, 2025, as modified, and as attached to
Report DSD -2025-112, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of variances for relief from the
Corner Visibility Triangle regulation and driveway setback to intersection regulation, to
facilitate the development of a 1.1 metre wide unobstructed walkway to a dwelling unit
in the existing building
• 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.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 76 of 270
BACKGROUND:
The subject property is located at the northwest corner of Union Street and Maple Avenue,
in the North Ward Planning Community. The property contains a dwelling, constructed as
a single detached dwelling in approximately 1949. The rear yard of the property is
approximately 18.4 metres deep and a large portion of the rear yard is within a depression
that is approximately 1.3 metres below the grade of Maple Avenue.
The lands to the west, on Union Street, contain mainly low density residential uses, while
the property immediately to the north contains a 3 -storey multiple dwelling. The lands to
the east and southeast are used for industrial purposes.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure of the
2014 Official Plan and is designated as `Low Rise Conservation A' in the North Ward
Secondary Plan. The property is zoned `Residential Five Zone (R-5) with Special Use
Provision 129U' under Zoning By-law 85-1 (only)
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Figure 1: Subject Property (outlined in iced).
In August 2024, the Committee conditionally approved Consent Application B2024-022 to
sever a parcel of land with frontage on Maple Avenue, for the purposes of constructing a
Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached) on the
Severed Lot.
The Retained Lot contains an existing Single Detached Dwelling, which is proposed to be
modified to contain an ADU (Attached) and has approximate frontage on Union Street of
12.6 metres, a frontage on Maple Avenue of 22.4 metres, a depth ranging between 12.6
metres and 14.4 metres, and an area of 302.6 square metres.
In addition, the Committee approved associated Minor Variance Application A2024-067
which grants relief for the Retained Lot from Section 39.2 of Zoning By-law 85-1:
a) to permit a corner lot width of 12.6 metres instead of the minimum required 15
metres,
Page 77 of 270
b) to permit a westerly side yard setback on one side of the dwelling where there is a
driveway of 2.9 metres instead of the minimum required 3.0 metres,
c) to permit a side yard setback abutting Maple Avenue of 3.2 metres instead of the
minimum required 4.5 metres and
d) to permit a rear yard setback of 2.8 metres instead of the minimum required 7.5
metres.
The purpose of the latter Minor Variance Application was to recognize the existing dwelling
at 1180 Union Street, on the Retained Lot.
As of the date of the subject report, all conditions related to Consent Application B2024-
022 have been cleared and the deed has been endorsed. However, staff does not know
whether the Severed Lot has been created yet. Also, the existing dwelling is currently
under renovation, as shown in Figure 2.
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Figure 2: Photo of existing dwelling, taken from the intersection of Union Street and
Maple Avenue.
Following approval of the above noted applications, it was determined that further relief is
required to construct the required 1.1 -metre -wide unobstructed walkway on the Retained
Lot, from the sidewalk on Union Street to the principal entrance on west side of the
existing building. The City's Development and Housing Approvals Division has paid the
Minor Variance Application fee to account for this additional variance. In this regard, the
Page 78 of 270
owner is now requesting further relief from the following Sections of Zoning By-law 85-1,
via the subject application:
i) Section 5.3, to permit a parking space and driveway to be located in the Corner
Visibility Triangle (7.5 metres by 7.5 metres), whereas the Zoning By-law does not
permit parking spaces and driveways in this location; and
ii) Section 6.1.1.1 b) iv) to permit a driveway to be located 7.4 metres from the
intersection of street lines instead of the minimum required 9.0 metres.
For the purposes of this report, it should be noted that the Zoning By-law 85-1 definition of
a Corner Visibility Triangle "means a triangular area formed within a corner lot by the
intersecting street lines or the projections thereof and a straight line connecting them 7.5
metres from their point of intersection."
Development and Housing Approvals (DHA) staff visited the site on February 27, 2025.
REPORT:
Planning Comments:
In considering the four tests for 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 Parking section of the 2014 Official Plan outlines the following applicable policy:
13.C.8.4. All parking areas or facilities will be designed, constructed and
maintained:... b) for the safe and efficient movement of all users, on the site, and at
points of ingress and egress related to the site.
In this regard, DHA staff is of the opinion that the 0.05 metre encroachment of a parking
space and driveway into the Corner Visibility Triangle (CVT) and reduced setback of the
driveway to the intersection of Maple Ave / Union St is acceptable for all users, based on
Transportation Services' comment that it has "no concerns with the driveway as it would
not impact the CVT".
Policy 13.8.2.1 of the (Low Rise Conservation — A) of the North Ward Secondary Plan
states, that, "Permitted uses are restricted to single detached dwellings, duplex dwellings,
semi-detached dwellings, lodging houses, small residential care facilities, home
businesses, and private home day care." In this regard, the requested variances would
facilitate a permitted use along with the added benefit of an Additional Dwelling Unit
(Attached).
DHA staff is of the opinion that the requested variances meet the general intent of the
Official Plan.
Page 79 of 270
General Intent of the Zoning By-law
The intent of the CVT regulation is to allow motorist, pedestrian, and cyclist visibility across
a site from one street to another, at an intersection. The purpose of the driveway setback
to an intersection is to ensure sufficient buffering and visibility at an intersection.
It should be noted that under the applicable By-law 85-1, a CVT is 7.5 metres by 7.5
metres. However, if the subject property was under By-law 2019-051 (majority of the of the
city), the requirement would be 7 metres by 7 metres [see Section 4.5 d)]. Ultimately, it is
anticipated that By-law 2019-051 will be applied in this area in the coming years. In this
case, since the CVT encroachment is only 0.05 metres under by-law 85-1, the property will
fully comply when By-law 2019-051 is implemented in this location.
Moreover, it should be noted that under the applicable By-law 85-1, on a corner lot, an
access driveway shall not be located closer than 9.0 metres to the intersection of the
street lines abutting the lot. However, if the subject property was under By-law 2019-051,
the related regulation reads differently, stating "... no driveway, or parking space shall be
located within the front yard for a distance of 7 metres from the exterior side lot line..."
[see Section 5.4i)]. In this case, since the distance to the intersection is 7.4 metres, the
property will fully comply when By-law 2019-051 is implemented in this location.
As stated above, Transportation Services has "no concerns with the driveway as it would
not impact the CVT". Adequate visibility and buffering are provided to and from the
intersection.
DHA staff is of the opinion that the requested variances meet the general intent of the
Zoning By-law.
Are the Effects of the Variances Minor?
DHA staff is of the opinion that the requested variances are minor since they are not
anticipated to cause unacceptably adverse impacts on adjacent properties or to users of
abutting municipal sidewalks or roads. As aforementioned, Transportation Services has
"no concerns with the driveway as it would not impact the CVT" and adequate visibility and
buffering are provided to and from the intersection.
Are the Variances Desirable for the Appropriate Development or Use of the Land, Building
and/or Structure?
DHA staff is of the opinion that the requested variances are desirable. Through the
dwelling modifications to add an ADU (Attached) and related Consent Application B2024-
022, the subject variances will help facilitate appropriate, gentle intensification within an
established neighbourhood and will assist in providing much needed housing during the
present housing crisis. Moreover, the variance will permit a 1.1 metre wide unobstructed
walkway for fire fighting purposes to be constructed through the interior side yard and front
yard to Union Street. This walkway alignment may present less complications than
constructing the walkway through the rear yard and exterior side yard to Maple Avenue.
Environmental Planning Comments:
As part of the related, conditionally approved Consent Application in 2024 (Application
B2024-022), a condition was required for the owner to enter into an agreement with the City
on both the Severed Lot and Retained Lot to require a Tree Preservation / Enhancement
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Plan and to implement the Plan, prior to grading, servicing, tree removal, or issuance of
building permits. Development and Housing Approvals staff advises that this agreement has
been registered. Current and future landowners are advised that the preparation of Tree
Preservation / Enhancement Plan and to implement the Plan, prior to grading, servicing, tree
removal, or issuance of building permits.
Heritage Planning Comments:
No concerns. However, the applicant is advised that the subject property is located
adjacent to the Union Street Cultural Heritage Landscape.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit has
already been issued for the change of use to a duplex.
Engineering Division Comments:
Engineering has no concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services have no concerns with the driveway as it would not impact the
CVT under the 2019-051 zoning by-law.
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
• North Ward Secondary Plan (1994 Official Plan)
• 2014 Official Plan
Page 81 of 270
• Zoning By-law 85-1
• DSD -2024-366
ATTACHMENTS: Attachment A — Proposed Site Plan, prepared by Bobicon Ltd., dated
January 12, 2025, as modified
Page 82 of 270
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Page 83 of 270
Region of Waterloo
March 4, 2025
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
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 i o n ofwate r l o o. ca
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
Document Number: 4920494 Version: 1
Page 84 of 270
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,
-Tfo�—
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 4920494 Version: 1
Page 85 of 270
March 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 — 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
B2025-008 11a & 11b Chicopee Park Court
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.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 86 of 270
Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 87 of 270