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Home My WebLink AboutDSD-2025-099 - A 2025-018 - 60 Wellington Street North 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: Ella Francis, Student Planner, 519-783-8602 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: March 5, 2025 REPORT NO.: DSD-2025-099 SUBJECT: Minor Variance Application A2025-018 60 Wellington St. N. RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2025-018 for 60 Wellington Street North requesting relief from the following sections of Zoning By-law 85-1: i) Section 5.3 to permit a building to be located in the Driveway Visibility Triangle (DVT) whereas the Zoning By-law does not permit any obstructions in the DVT; and ii) Section 5.5.2 b) and Section 39.2.1 to permit an accessory structure to have a lot coverage of 17.4% instead of the maximum permitted 15%; to facilitate the construction of a new accessory building in the rear yard of the subject property, generally in accordance with drawings submitted with Minor Variance Application A2025-018, BE APPROVED. Zoning By-law 2019-051 That Minor Variance Application A2025-018 for 60 Wellington Street North requesting relief from Section 4.1 d) and Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an accessory structure to have a lot coverage of 17.4% instead of the maximum permitted 15% to facilitate the construction of a new accessory building in the rear yard of the subject property, generally in accordance with drawings submitted with Minor Variance Application A2025-018, BE APPROVED. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The purpose of this report is to review the minor variance application to permit an accessory building to be located in the Driveway Visibility Triangle and to have a lot coverage of 17.4% to facilitate the construction of a new accessory building in the rear yard of the subject property. The key finding of this report is that the minor 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 on the north side of Wellington Street, between Moore Avenue and Waterloo Street, in the Mount Hope Huron Park neighbourhood. Figure 1 Location of subject property (outlined in RED) Protected Major Transit Station Area Strategic Growth Area A Land Use in the Residential Five Zone (R-5-law 85-1. It is also zoned -1)under Zoning By-Law 2019-051. The property is subject to the requirements of both Zoning By-Laws 85-1 and 2019-051 while the new SGA zones are under appeal. The purpose of the application is to facilitate the construction of a new accessory structure in the rear yard. The rear yard backs onto a laneway which is used to access rear garages and driveways. The new accessory structure would be facing the laneway. The existing shed would be demolished. Figure 2 - Site Plan showing proposed accessory structure. Figure 3 Rear elevation of proposed accessory structure. Planning staff conducted a site visit on February 28, 2025. Figure 4 Front of 60 Wellington Street North. Figure 5 Rear of 60 Wellington Street North viewed from rear laneway. 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 - Plan. Strategic Growth Area land use designations are applied within Protected Major Transit Station Areas and are intended to facilitate intensification and the development of complete communities. The SGA-A land use designation is the least intensive of these designations and is intended to accommodate intensification within low-rise residential neighbourhoods. The proposed accessory structure will provide slight intensification to the property while maintaining the low rise residential character of the neighbourhood. Therefore, the proposed variances maintain the general intent of the Official Plan. General Intent of the Zoning By-law Driveway Visibility Triangle Section 5.3 of Zoning By-Law 85-1 states that no obstructions to visibility are permitted in the driveway visibility triangle. Further, Section 5.3 states that the purpose of this regulation is to The proposed accessory structure is proposed to face a rear laneway, which is only subject to traffic from homeowners accessing rear garages and driveways. Staff are of the opinion that traffic on the laneway would not be negatively impacted by the proposed accessory structure. Further, Zoning By-Law 2019-051 does not require a DVT in Strategic Growth Area zones. When the SGA-1 zoning is implemented and the previous zoning is phased out, this variance would not no longer be required. Therefore, the variance regarding the Driveway Visibility Triangle meets the general intent of both Zoning By-Laws. Lot Coverage Section 5.5.2 b) and Section 39.2.1 of Zoning By-Law 85-1 state that the maximum lot coverage for an accessory structure is 15 percent. Section 4.1.d) and Section 7.3, Table 7-2 of Zoning By-Law 2019-051 also state this. The purpose of implementing a maximum lot coverage for accessory structures is to ensure sufficient open space on the property and to ensure the accessory building is secondary in size to the primary dwelling. Sections 5.5.1c) and d) of Zoning By-law 85-1 and Section 4.1c) of Zoning By-law 2019-051 state that 0.6 metres is the minimum side and rear yard setback for an accessory structure. The proposed accessory structure meets these setback requirements. As well, a 1.1 metre setback is proposed on the easterly side of the accessory structure which can provide improved access to the rear yard. Section 39.2.1 of Zoning By-law 85-1 further states that the maximum lot coverage in total for a lot is 55 percent, which the property complies with. Therefore, the variance regarding lot coverage meets the general intent of both Zoning By- Laws. Is/Are the Effects of the Variance(s) Minor? The proposed accessory structure will be built in the rear yard facing a laneway, resulting in minimal impacts to the laneway and no impacts to the streetscape. The accessory structure is not anticipated to have any significant impacts on neighbouring properties. As well, the proposed accessory structure will replace an existing accessory structure and paved parking area. Staff do not anticipate any significant or negative impacts arising from the obstruction of the driveway visibility triangle or the increased lot coverage. Therefore, the effects of the proposed variances are minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances will facilitate the construction of the proposed accessory structure, which will replace a smaller existing accessory structure to provide additional garage and storage space for the property. The proposed accessory structure is also similar to others that have been constructed along the laneway. Therefore, the proposed accessory structure is desirable and appropriate for the use of the land. Environmental Planning Comments: No comments. 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 60 Wellington Street North is located within the Mount Hope/Breithaupt Neighbourhood CHL. The proposed accessory structure in the rear yard is not anticipated to have any major impacts on the cultural heritage value of Mt. Hope/Breithaupt Neighborhood. As such, staff have no concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the detached garage. Engineering Division Comments: Engineering has no comment. Parks and Cemeteries/Forestry Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with this application due to poor visibility under existing conditions. The Applicant is encouraged to offset their building further from the laneway to improve visibility. Metrolinx Comments The subject property is located within 300m of the Metrolinx Guelph Subdivision which Advisory Comments As the requested variances have minimal impact on Metrolinx property, Metrolinx has no objections to the specified variances should the committee grant approval. The Proponent is advised of the following: metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns \]and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. GRCA Comments 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 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 mailing 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 and 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 th To:Committee of Adjustments, City of Kitchener –March 18, 2025, Hearing From:Adjacent Developments GO Expansion and LRT –Third Party Projects Review -Metrolinx th Date:February 28, 2025 Re:A2025-018–60WellingtonStreetNorth,Kitchener Metrolinx is in receipt of the Minor Variance application for 60 Wellington Street North, Kitchener, to permit an accessory building that obstructs the driveway visibility triangle and would result in a lot coverage of 17.4%. Metrolinx’s comments on the subject application are noted below: The subject property is located within 300m of the Metrolinx Guelph Subdivision which carries Metrolinx's Kitchener GOTrain service. Advisory Comments: As the requested variances have minimal impact on Metrolinx property, Metrolinx has no objections to the specified variances should the committee grant approval. The Proponent is advised of the following: Warning:The Applicant is advised that the subject land is located within Metrolinx’s 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise andvibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Best regards, JennaAuger(She/Her) Third Party Projects Review (TPPR) Development & Real Estate Management T: (416)-881-0579 10 Bay Street | Toronto | Ontario | M5J 2N8 1