HomeMy WebLinkAboutDSD-2025-130 - A 2025-025 - 93-95 Kinzie AvenueStaff 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: Eric Schneider, Senior Planner, 519-783-8918
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: March 5, 2025
REPORT NO.: DSD -2025-130
SUBJECT: Minor Variance Application A2025-025 — 93-95 Kinzie Avenue
RECOMMENDATION:
That Minor Variance Application A2025-025 for 93-95 Kinzie Avenue requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 5.6, Table 5-5-1, to permit 2 parking spaces for a Semi -Detached
Dwelling with 2 Additional Dwelling Units (ADU) (Attached) instead of the
required 3 parking spaces;
ii) Section 7.3, Table 7-2, to permit a front yard setback of 4.6 metres instead of
the required 7.8 metres based on established front yard setbacks of adjacent
dwellings;
iii) Section 7.3, Table 7-2, to permit rear yard setback of 3 metres instead of the
minimum required 7.5 metres; and
to facilitate the redevelopment of the lands with a new Semi -Detached Dwelling,
each side containing 2 Additional Dwelling Units (ADU) (Attached), generally in
accordance with drawings prepared by Chris Fernandes Design Corp., dated August
16, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the
redevelopment of the subject lands by constructing a new Semi -Detached Dwelling,
each side containing 2 Additional Dwelling Units (ADU) (Attached).
• The key finding of this report is that the requested variances meet the 4 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 199 of 270
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.
BACKGROUND:
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Figure 1: Location Map
The subject property is located on the corner of Kinzie Avenue and Walker Street. The
lands previously contained a single detached dwelling that was demolished due to fire
damage in 2024. The lands are currently vacant.
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Four (RES -4)' in Zoning By-law 2019-051.
The purpose of the application is to facilitate the construction of new Semi -Detached
Dwelling, each side containing 2 Additional Dwelling Units (ADU) (Attached).
In October 2022, the Committee of Adjustment approved minor variance application
A2022-125 to permit the construction of a Semi -Detached Dwelling, each side containing 1
Additional Dwelling Unit (ADU) (Attached). The applicant is now proposing Semi -Detached
Dwellings, each side containing 2 Additional Dwelling Units (ADU) (Attached).
The drawing submitted with the application form showed a driveway for the proposed lot at
93 Kinzie Avenue within the Corner Visibility Triangle (CVT). The applicant revised the
drawing to shift the driveway location outside of the CVT. No changes to the building
footprint or requested variances are required.
Page 200 of 270
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PROPOSED
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Figure 4: Concept Plan (Revised Driveway to be outside of CVT)
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 intent of the Low Rise Residential land use designation is to accommodate a range of
low density housing types, including Semi Detached Dwellings with up to 3 Additional
Dwelling Units (ADU). It is also to encourage and support the mixing and integrating of
innovative and different forms of housing. The applicant is proposing to provide a Low
Rise form of development, permitted in the land use designation, and it will help to achieve
a mix and integration of housing types in the neighbourhood. Planning Staff is of the
opinion that the requested variances will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Front Yard Setback
The intent of the regulation that requires a minimum front yard setback based on
established front yards of adjacent dwellings is to preserve consistent building walls along
street lines in established neighbourhoods. The subject lands are located on a corner of a
short block (<100 metres) and there are just 3 interior lots on Kinzie Avenue between
Walker Street and Guerin Avenue. Buildings located on corner lots can often have building
setbacks inconsistent with adjacent dwellings based on which street line the front yard is
Page 202 of 270
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PROPOSED
LOT 2
Figure 4: Concept Plan (Revised Driveway to be outside of CVT)
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 intent of the Low Rise Residential land use designation is to accommodate a range of
low density housing types, including Semi Detached Dwellings with up to 3 Additional
Dwelling Units (ADU). It is also to encourage and support the mixing and integrating of
innovative and different forms of housing. The applicant is proposing to provide a Low
Rise form of development, permitted in the land use designation, and it will help to achieve
a mix and integration of housing types in the neighbourhood. Planning Staff is of the
opinion that the requested variances will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Front Yard Setback
The intent of the regulation that requires a minimum front yard setback based on
established front yards of adjacent dwellings is to preserve consistent building walls along
street lines in established neighbourhoods. The subject lands are located on a corner of a
short block (<100 metres) and there are just 3 interior lots on Kinzie Avenue between
Walker Street and Guerin Avenue. Buildings located on corner lots can often have building
setbacks inconsistent with adjacent dwellings based on which street line the front yard is
Page 202 of 270
oriented towards, which can vary from property to property. Staff acknowledge that the
differences between the front yard setback and the exterior yard setback can vary based
on building typology, street orientation, location of on street utilities and other City assets
such as street trees, etc. Staff are of the opinion that the proposed front yard setback of
4.6 metres will generally be consistent with established neighbourhood street lines and
building setbacks, and therefore the variance meets the general intent of the Zoning By-
law.
Rear Yard Setback
The intent of the regulation that requires a minimum rear yard setback of 7.5 metres is to
provide for adequate building separation and on-site amenity space. In regard to building
separation, the construction of a semi-detached dwelling on the subject lands would orient
the proposed rear yards to face the lands at 124 Walker Avenue, currently developed as a
Semi -Detached Dwelling. This shared property line represents the interior side yard for
124 Walker Avenue, and staff acknowledge that interior side yard building separation is
typically much lesser than rear yard separation. In regard to on-site amenity space, the
applicant has proposed to provide large side yard spaces (6+ metres) that provide for
adequate, functional amenity spaces. Staff is of the opinion that the proposed variance
meets the general intent of the Zoning By-law.
Parking Reduction
The intent of the regulation that requires 3 parking spaces for a semi-detached dwelling
with 2 additional dwelling units (ADU) is to provide for adequate vehicle storage on site.
The proposed layout includes one parking space in the garage and one space in the
driveway. The site was redesigned to single car driveways rather than two -car driveways
in order to preserve an existing street tree on Kinzie Avenue. Staff are of the opinion that
the 2 proposed parking spaces are sufficient to provide adequate vehicle storage on site
due to the unit typology and the access to existing transit. The site is well served by GRT
stops on Weber Street, a 350 metre distance that provides east and west service to
connecting terminals with region -wide access. Staff are of the opinion that the proposed 2
parking space per semi-detached dwelling with 2 additional dwelling units (attached) can
provide sufficient vehicle storage on-site and therefore the requested variance meets the
general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff have evaluated the requested variances for the proposed development and are of the
opinion that the proposed development can function and be compatible with the abutting
lands and surrounding neighbourhood. Staff are of the opinion that the requested
variances will not cause adverse impacts to abutting lands and that any effects of the
requested variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variances will enable the corner property to be redeveloped with a use and
building typology that is similar in scale, use and function to the surrounding low-rise uses
on Kinzie Avenue and Walker Street. The variances will allow for a functional and
appropriate use of the site and therefore Staff are of the opinion that the variances are
desirable for the use of the lands.
Page 203 of 270
Environmental Planning Comments:
No environmental planning concerns.
Heritage Planning Comments:
No heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the new semi-detached dwelling with 2 additional attached
dwelling units.
Engineering Division Comments:
Engineering has no comments.
Parks and Cemeteries/Forestry Division Comments:
The applicant has worked with Planning staff to prepare a revised site layout that would
provide better protection for the existing City -owned street trees but results in additional
requested variances. It is expected that all City owned tree assets will be fully protected to
City standards throughout demolition and construction as per Chapter 690 of the current
Property Maintenance By-law. A Tree Protection and Enhancement Plan (TPEP) showing
full protection for the existing City trees is required as part of the Building Permit and/or
Driveway Widening/Curb Cut permit application to be approved by the Director of Parks
and Cemeteries. Grading and Servicing plans should accompany the submission.
Please clearly indicate the location of tree trunks, dripline and offsets to proposed Tree
Protection Fencing and construction work zone. Securities for protected trees and/or
compensation for removed trees may be required. Clearance from the Director of Parks
and Cemeteries for the approval of the Tree Protection and Enhancement Plan and any
necessary compensation is required prior to the issuance of a Demolition Permit or
Building Permit.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Enova Comments:
The builders/developers will need to maintain the minimum clearances as outlined by
Enova's attached drawing as per Attachment B.
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.
Page 204 of 270
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)
• Official Plan (2014)
• Zoning By-law 2019-051
• DSD -2022-457 (A2022-125)
ATTACHMENTS:
Attachment A — Concept Plan (Revised Driveway outside of CVT)
Attachment B — Enova Diagram for Clearance
Page 205 of 270
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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 208 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 209 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 210 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 211 of 270
From:
Ricardo Ruiz
To:
Committee of Adiustment (SM)
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — March 18, 2025 Meeting
Date:
Friday, February 28, 2025 11:53:06 AM
Attachments:
11111j)d
Hi Connie,
Enova's only concern with the recent Committee of Adjustment Applications is for 93-95
Kinzie Ave & 165 Fairway Rd N. The builders/developers will need to maintain the minimum
clearances as outlines by Enova's attached drawing.
Thanks,
Ricardo Ruiz (he/him) C.E.T. I Distribution Design Supervisor
Office Number: 226-896-2200 Ext. 6304
Mobile Number: 519-497-6221
ricardo.ruiz(a-)enovapower.com
wvjw enovapower.com
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: February 21, 2025 4:13 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — March 18, 2025
Meeting
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, March 18, 2025, have been loaded and circulated through
ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Monday, March 3, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofana kitchen er.ca
Page 212 of 270
FE -1
This correspondence is directed in confidence solely to the addressees listed above. It may
contain personal or confidential information and may not otherwise be distributed, copied or
used by the intended recipient. Ifyou are not the intended recipient, please delete the e-mail
and any attachments and notify the sender immediately. Click on the link to read the
additional disclaimer: https:Ilenovapower.com/disclaimer
Page 213 of 270
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