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Home My WebLink AboutDSD-2025-177 - A 2025-013 - 160 Grand River BlvdStaff Report r J R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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: April 1, 2025 REPORT NO.: DSD -2025-177 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 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: 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. Page 7 of 282 ft '� TI.. � •!� l� 1. • � f Hy A 41 40 ApidAt Figure 1: Location Map of the Subject Property 1 INS.1 RLS. S F hlcrr�s -n F�>< `iaUR"S�rELC +7lCR 7 INS 1 �O .Q t Rf S a RE5.l Figure 2: Zoning Map of The Subject Property The subject property is identified as a `Community Areas' on Map 2 — Urban Structure and is designated `Institutional' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Neighbourhood Institutional Zone (INS -1)' in Zoning By-law 2019- 051. Page 8 of 282 The purpose of this application is to recognize an existing 12 -square -metre shed that was added for salt storage as part of the property's development. The 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 (2) 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 accessory shed. Although the shed is too small to require a building permit, it must comply with the zoning by-law's setback requirements as it is not an accessory structure/building in a `Residential Zone' which could be located 0.6 metres from a lot line. Since the property abuts a low- 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. Minor Variance A2025-013 was deferred from the March 18, 2025, Committee of Adjustment Agenda for the following reasons: • Adjacent property owner advised they are not available to the attend the meeting this date, without accommodations, to provide further information that clarifies their written submission and matters they wish for the Committee to consider related to the variance. To allow an opportunity for further discussions related to the proposed variance. Planning Staff and the Ward Councillor visited the site on April 3, 2025, to meet with the Applicant and adjacent property owner to discuss the variance and provide additional information. Planning staff went to the site on February 28th, 2025, to install the Notice sign and review the site conditions. Page 9 of 282 Figure 3: Picture of The Storage Shed in Relation to the Abutting Residential Figure 4: Front Photo of The Subject Property with The Minor Variance Sign Page 10 of 282 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' 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. 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. If this structure/building were located in a `Residential' zone then the setback would 0.6 metres. Given the use of the accessory shed for storage of snow clearing and yard maintenance materials and equipment, which use is consistent with use of an accessory structure in a `Residential' zone, the setback of 5.1 metres from the south lot line and 2.3 metres from the west lot line, will be sufficient to mitigate the use of the shed for accessory use to the principal institutional use. 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 limited visual and functional impact on adjacent properties. The existing fence, a visual barrier, helps mitigate visibility, and the shed's use for salt storage does not generate noise or other disturbances. The accessory shed will operate the same as an accessory Page 11 of 282 structure on a `Residentially' zone property with setbacks greater than 0.6 metres, 5.1 metres and 2.3 metres, respectively. Therefore, the effects of the variance are considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate for the use of the lands as it will allow an accessory structure, which operates as it would in a `Residential' zone, to be efficiently located on the site, with the reduced setbacks allowing the parking area and church to function efficiently and appropriately. 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(akitchener.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 — 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 Page 12 of 282 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 • DSD-2025-090.docx Page 13 of 282 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 20 of 282 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 21 of 282 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 22 of 282 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 23 of 282 Froin: Dianna Saunderson To: Marilyn Mills: Connie Owen Subject: Fw: 160 Grand River Blvd Date: Monday, March 17, 2025 4:27:40 PM Please see the following writteu summary for tomorrow's CofA meeting. Thanks Dianna Get outlook for 100 From: Sent: Monday, March 17, 2025 4:2.2:43 PM To: Dianna Saunderson<Dianna.Saunderson@kitchener.ca> Subject: 160 Grand River Blvd You don't often get email from Learn why this is impQrtant Dear Dianna, On behalf of my mother, I would like to ask for the Committee of Adjustment to defer 160 Grand Inver Blvd for personal reasons. if you require anything else please feel free to contact me. Take care, Alex Paroski Page 24 of 282