HomeMy WebLinkAboutDSD-2025-128 - A 2025-016 - 45-53 Courtland Ave E
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: Brian Bateman, Senior Planner, 519-783-8905
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: March 4, 2025
REPORT NO.: DSD-2025-128
SUBJECT: Minor Variance Application A2025-016 45-53 Courtland
Avenue East
RECOMMENDATION:
That Minor Variance Application A2025-016 for 45-53 Courtland Avenue East
requesting relief from the following sections of Zoning By-law 85-1:
i) Appendix D, Special Regulation Provision 786R, to permit a Floor Space Ratio
(FSR) of 2.8 instead of 2.4;
ii) Appendix D, Special Regulation Provision 786R, to permit a rear yard setback
of 18 metres instead of 19 metres;
iii) Appendix D, Special Regulation Provision 786R, to permit a maximum building
height, excluding roof top mechanical equipment from 21 metres to 28 metres;
to facilitate the development 8-storey multiple dwelling having 95 dwelling units, in
accordance with Site Plan Application SP23/034/C/BB, revised dated June 6, 2024,
BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to assess a technical request to vary By-law 85-1 in
advance of By-law 2019-051 for Growing Together Zoning coming into full force and
effect that would allow this development proposal as of right.
Due to an appeal of the Growing Together Zoning to the Ontario Land Tribunal, the
developer is unable to move forward to final approvals and thus requires minor
variances to Zoning By-law 85-1 as the property is affected by two zoning by-laws.
The key finding is that staff are recommending approval as the request meets the 4
tests of a Minor Variance under the Planning Act.
There are no financial implications.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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:
In 2023, Council approved Official Plan Amendment (OPA 125) and Zoning By-law
Amendment (By-law 2023-033) to allow for the infill re-development of a 6 storey, 65-unit
multiple dwelling.
Since those approvals in 2023, the City advanced the implementation of the Growing
Together project that introduced Strategic Growth Area policy designations and zoning.
The subject lands were redesignated Strategic Growth Area A and zoned Strategic
Growth Area 2 (SGA-2). The new zoning framework permits an 8 storey building with no
parking requirements or maximum Floor Space Ratio. Following Council approval of
Growing Together, the site plan was updated to align with the SGA-2 zoning. The site plan
now shows 8 storeys and 95 units on essentially the same building footprint and same
amount of parking (see Figure 1). Unfortunately, the ZBA intended to implement the
Growing Together zoning, was appealed to the OLT and is not yet in effect. Therefore, the
subject lands are dual zoned under 85-1 and By-law 2019-051 pending the approval of
Growing Together zoning by the OLT.
As additional building height, FSR and a minor reduction in the rear yard setback (19
metres to 18 metres) do not align with the 85-1 zoning as amended, the owner is asking
for minor variances keeping in mind once Growing Together is in effect, the variances will
no longer be required as the new zoning will allow the changes as-of-right. The applicant
wishes to advance the request now given the uncertainty of timing around OLT approvals,
which is delaying final approvals. Should the appeals be resolved prior to
decision, then the owner will withdraw his application.
The property is designated
is dual Mixed Use Two Zone with Special Regulation Provision 786 (MU-2, 786R
in Zoning By-law 85-1 --law
2019-51.
The purpose of the application is to seek relief from MU-2, Special Regulation Provision
786R of Zoning By-law 85-1 as follows:
1. An increase in the maximum permitted Floor Space Ratio (FSR) from 2.4 to 2.8, or
alternatively that no maximum FSR be applied given the removal of a maximum FSR
in the SGA-2 zone;
2. A reduction in the rear yard setback from 19 metres to 18 metres; and,
3. An increase in maximum permitted building height excluding rooftop mechanicals
from 21 metres to 28 metres.
-
Figure 1 - Conditionally Approved Site Plan
Staff conducted a site visit on February 28, 2025.
Figure 2 Photo of the Subject Property
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 new land use designation under City-initiated Official Plan Amendment OPA
49 allows for low to medium density buildings up to 8 storeys in height, no FSR limit or no
parking required because it is located within a Protected Transit Station Area. OPA 49 was
not appealed and is in full force and effect.
Accordingly, the general intent of the Official Plan is maintained.
General Intent of the Zoning By-law
The intent of the Zoning By-law is maintained as the SGA-2 zoning once in effect will
allow for 8 storeys and no FSR as-of-right. As such, the request to vary the height and
FSR is technical in nature; the intent to provide for a mid-rise building is being maintained.
The rear yard setback reduction from 19 to 18 metres is due to an architectural design
detail that is needed for a ground-support for a balcony above the amenity space at
ground level. Because it is now ground-supported the setback is taken at ground-level
whereas if the balcony was not ground-supported, the setback is from the building. In the
opinion of staff, the intent of allowing providing an enhanced setback to Martin Street
properties is being maintained.
Is/Are the Effects of the Variance(s) Minor?
The effects are minor and technical in nature as the proposed variances reflect the
direction of the Council adopted Growing Together SGA-2 zoning while still providing
adequate separation from Martin Street properties as intended through the original
planning application that was approved in 2023.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are appropriate and desirable for the use of the land as the increase in
building height and FSR is in line with the Growing Together Planning Framework, and it
maintains a mid-
approved by Council in 2023. It will facilitate the development of additional dwelling units in
a Pr
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and
prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 45-53
Courtland Ave. E. is located within the Cedar Hill Neighbourhood CHL. The proposed
variances are not anticipated to have any major impacts on the cultural heritage value of
the Cedar Hill Neighbourhood. As such, staff have no concerns. Staff would, however,
encourage that any new development be compatible with the surrounding character of the
neighborhood in terms of setbacks, massing, and materials.
Building Division Comments:
The Building Division has no objections to the proposed variances. An application has been
made for the apartment.
Engineering Division Comments:
Engineering has no concerns.
Parks and Cemeteries/Forestry Division Comments:
All Parks concerns will be addressed through Site Plan Application SP23/034/C/BB.
Transportation Planning Comments:
No concerns.
Region
No comments.
GRCA
No concerns.
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-laws 85-1 and 2019-051
DSD-2023-065
DSD-2024-128
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