HomeMy WebLinkAboutDSD-2025-149 - A 2025-033 - 887 Frederick Street
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 1
DATE OF REPORT: March 27, 2025
REPORT NO.: DSD-2025-149
SUBJECT: Minor Variance Application A2024-033 887 Frederick Street
RECOMMENDATION:
That Minor Variance Application A2025- 033 for 887 Frederick Street requesting
relief from the following sections of Zoning By-law 2019-051:
i) Section 4.5 a) to permit an obstruction in the Corner Visibility Triangle (CVT)
of 2.4 metres in height from the ground instead of the maximum permitted
0.9 metres in height or over 5 metres in height;
ii) Section 5.3 b) to permit ingress and egress to occur in a backward motion,
whereas the Zoning By-law only permits it in a forward motion;
iii) Section 5.6 a), Table 5-5, to permit a Visitor Parking requirement of 1 Visitor
Parking Space (0.05 visitor parking spaces per dwelling unit) instead of the
minimum required 3 Visitor Parking Spaces (0.15 visitor parking spaces per
dwelling unit); and
iv) Section 7.3, Table 7-6, to permit an exterior side yard setback of 1.2 metres
instead of the minimum required 3 metres;
to facilitate the development a multiple dwelling having 20 dwelling units in the form
of stacked townhouse, generally, in accordance with Site Plan Application
SPF25/021/F, BE APPROVED subject to the following condition:
1. That a note be provided on the Site Plan that garbage pick-up will occur during
off-peak hours (9:30 a.m. to 3:30 p.m.) Monday to Friday.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of a Multiple Dwelling having 20 dwelling units in the form of stacked
townhouses.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The key finding of this report is that the requested variances meet the four tests of the
Planning Act.
There are nofinancial 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
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 Rosemount area south of Victoria Street North on
Frederick Street.
Figure 1: Location Map
Figure 2: Zoning Map
Community Area Urban Structure and is
Medium Rise Residential Land Use in the
Plan.
Medium Rise Residential Six Zone (RES-6-law 2019-
051.
The purpose of the application is to facilitate the development of a multiple dwelling with
20 dwelling units, in the form of stack townhouses, as an affordable housing project. The
following minor variances are required:
To permit the height of an obstruction in the Corner Visibility Triangle (CVT) of 2.4
metres instead of the maximum permitted 0.9 metres. The applicant initially
requested a variance to permit a corner visibility triangle (CVT) of 6.5 metres from
the point of intersection of the street lines. However, since the proposal can comply
with the required 7.0 metres in distance from the intersection, and the only deviation
is related to the vertical clearance of an overhead obstruction proposed at 2.4
metres, staff recommend that the variance be considered under Section 4.5 a) of
the Zoning By-law, which addresses obstructions to visibility, rather than Section
4.5 d), which relates to the distance from the point of intersection of the street lines.
4.5 CORNER VISIBILITY TRIANGLES, CORNER VISIBILITY AREAS AND
DRIVEWAY VISIBILITY TRIANGLES
a. No buildings, structures, motor vehicles, food cart, signs, landscaping, or
other impediments shall obstruct visibility within a corner visibility triangle,
corner visibility area or driveway visibility triangle. An obstruction to
visibility shall not include objects 0.9 metres or less in height from the
ground, or objects higher than 5 metres in height from the ground. This
provision does not apply to the location of fences constructed in
accordance with and regulated by Chapter 630 (Fences) of The City of
Kitchener Municipal Code, or motor vehicles parked in a parking space
on a driveway. (By-law 2024-074, S.3 2024-03-25).
Staff are of the opinion that further advertisement of the variances is not required as
a variance related to the CVT was advertised and will be considered by the
Committee of Adjustment.
To have the garbage or loading truck leave the site in a backward motion.
To have a reduced exterior side yard setback of 1.2 metres instead of 3.0 metres.
To have the visitor parking reduced to 1 instead of 3 visitor parking spaces
required.
Figure 3: The proposed site plan with the variances labelled
The property currently contains a single detached dwelling that abuts a commercial
property. The applicant has submitted a Site Plan Application, SPF25/021/F/AA, which has
been reviewed by all applicable divisions and agencies and in the process of receiving
redlined conditional approval, subject to approval of the minor variances.
Staff have visited the site on March 28, 2025
Figure 4: The front Image of the subject property
Figure 5: An Image of the corner 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
Policy 15.D.3.3. ial Plan states that to support the successful integration
of different housing types, specifically multiple residential developments, through new
development/redevelopment and/or residential intensification, within lands designated Low
Rise Residential, Medium Rise Residential or High Rise Residential, the City will apply
design principles in accordance with the Urban Design Policies in Section 11. An
emphasis will be placed on:
a) compatibility of building form with respect to massing, scale, design;
b) the relationship of housing to adjacent buildings, streets and exterior areas;
c) adequate and appropriate parking areas are provided on site; and
d) adequate and appropriate amenity areas and landscaped areas are provided on
site.
In addition, Policy 15.D.3.15. in the Medium Rise Residential land use designation states
that land use designation will accommodate a range of medium density housing types,
including townhouse dwellings in a cluster development, multiple dwellings and special
needs housing.
The proposal is accommodating a multiple dwelling that is compatible with the
neighbourhood scale, with a parking lot for the use and an amenity area for the
development.
Based on the above, the variances would meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Corner Visibility Triangle (CVT): The CVT intends to ensure safe sightlines at
intersections for drivers, cyclists, and pedestrians. The proposal provides 7 metres from
the point of intersection of the street lines but with an increased overhead vertical
clearance above 0.9 metres. The building has a projection that obstructs the overhead
clearance of 2.4 metres, as shown in Figure 6. The 2.4 metre clearance exceeds the
typical head-height clearance for a regular vehicle, as shown in Figure 7, making
obstruction unlikely. This is because the intersection at Frederick and Avon Road is not
considered a busy intersection for larger trucks, as Avon Road is a local street with less
traffic.
Additionally, the subject property is located at an intersection with an obtuse angle, which
naturally provides more expansive and improved sightlines compared to a standard 90-
degree corner. This geometry enhances the overall visibility for drivers, cyclists, and
pedestrians approaching the intersection.
Figure 6: The side elevation corner with the reduced overhead for the CVT
Figure 7: Typical vehicle height
The site ingress and egress: The intent of the zoning regulation 5.3 b) which states that
all parking lots shall be provided with adequate means of ingress and egress to and from a
street or lane in a forward motion, and shall be arranged so as not to interfere with the
normal public use of a street or lane, is to ensure safety, traffic flow, and functional design.
Due to the narrow configuration of the site, it is constrained in a way that makes it
impractical to provide forward ingress and egress for a standard garbage truck. As such,
the garbage truck will be the only vehicle required to exit the site in reverse. Toaddress
this, the proposal incorporates the following mitigation measures to maintain the intent of
the zoning regulation:
Garbage collection will be scheduled during low-traffic periods.
Site Circulation and Signage.
Audible Reverse Warning (Beeping): The garbage truck will be equipped with a
reverse warning system (e.g., a beeping sound) to alert nearby pedestrians and traffic
when reversing.
Exterior side yard setback: The Zoning By-law requires a 3 metre exterior side yard
setback for corner lots, primarily to provide clarity in site layout, amenity space, functional
site circulation, and to accommodate architectural projections such as balconies, patios,
and roof overhangs.
The proposed design provides a minimum exterior side yard of 1.24 metres at its closest
point, where above-grade walls with overhangs are present. The remainder of the wall
along the exterior yard is set back approximately 1.5 metres from the lot line, with the front
and rear portions of the building stepped back to approximately 3.0 metres. These
setbacks help to improve building articulation, create a transition to the public sidewalk,
and ensure better alignment with the established neighbourhood character.
The entire exterior yard is landscaped, contributing to a clear and green buffer between
the building and the public realm. Additionally, the building wall is set back approximately 7
metres from the edge of the active street lane, which provides a spatial buffer and
maintains a comfortable separation between the street and the proposed building façade.
Visitor parking reduction: The Zoning By-law requires three visitor parking spaces for
the proposed development (0.15 per dwelling). The intent of the visitor parking
requirement is to provide short-term parking options for guests without impacting required
parking for the units and surrounding uses.
While each dwelling unit is provided with one dedicated parking space, meeting the
minimum parking requirement for each dwelling, the proposal includes one visitor parking
space, resulting in a shortfall of two visitor spaces.
The applicant confirmed that the parking spaces will be unbundled from the units, allowing
the owner to manage their allocation. If a unit does not require a parking space, that space
can be reallocated to the visitor parking inventory, helping to offset the shortfall based on
actual demand.
Furthermore, the site is located on Frederick Street, which is served by a public transit
route. In front of the property is the bus stop, numbered 20, for the Victoria-Frederick
route, which serves the area, promoting active and sustainable transportation options for
both residents and visitors. Lastly, the subject property is flanked by Avon Road, a local
street that permits on-street parking for up to 3 hours, providing additional short-term
parking opportunities for visitors and other uses in the area.
A sign for each visitor parking space is required to clearly indicate the space for visitor
use, as specified inthe site plan application.
Given the above considerations, the requested variances would meet the general intent of
the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Corner Visibility Triangle: The requested variance for the vertical clearance within the
corner visibility triangle is considered minor. A clearance height of 2.4 metres
accommodates most vehicles on Avon Road, maintaining safe sightlines for drivers and
pedestrians.
The site ingress and egress: The variance related to site access and circulation is
considered minor, as it only applies to waste collection trucks. Staff will request
confirmation from the waste service provider to ensure that reverse movement is limited to
brief, scheduled pickups occurring once or twice a week, and is not part of regular daily
site circulation.
Exterior side yard setback: The proposed reduction in the exterior side yard setback is
minor in nature, as the site continues to provide adequate green space and functional
circulation. Additionally, the front and rear portions of the building are stepped back
approximately 3 metres, which is more aligned with the By-law requirement.
Visitor parking reduction: The reduction in visitor parking from three spaces to one is
Frederick bus route with a stop located across the street in front of the building.
Furthermore, the parking will be unbundled, allowing unused dwelling parking spaces to
be reallocated to visitor parking if necessary.
Based on the above, the requested variances are considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances are desirable and appropriate, as they will facilitate the
development of a multiple dwelling that is compatible in scale, massing, and height,
utilizes existing infrastructure, and contributes 20 affordable
Housing Pledge.
Environmental Planning Comments:
No concern Tree management will be addressed via the site plan application
SPF25/021/F/AA.
Heritage Planning Comments:
No Concerns
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permits
for the stacked townhouse and a demolition permit for the existing building is obtained prior
to construction. Please contact the Building Division at building@kitchener.ca with any
questions.
Engineering Division Comments:
No concerns
Parks and Cemeteries/Forestry Division Comments:
All Parks requirements will be addressed through SP24F25/021/F/AA.
Transportation Planning Comments:
The parking justification submitted for the reduction to one visitor parking space from the
three required spaces is acceptable.
In support of the garbage truck reversing out of the site onto Frederick Street, a note
should be provided on the site plan that garbage pick-up will occur during off-peak hours
(9:30 a.m. to 3:30 p.m.) Monday to Friday.
The Region of Waterloo Comments:
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.
Metrolinx Comments:
GO/HEAVY-RAIL ADVISORY COMMENTS
Be advised that Metrolinx is a stakeholder that has provided comments on the
comprehensive development application, including the Site Plan Application. Any
previous comments/requirements provided by Metrolinx are still applicable.
The Proponent is advised of the following:
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 and vibration attenuating measures in the design of the development
and individual lots, blocks or units.
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-law 85-1 and/or 2019-051
Affordable housing incentives - City of Kitchener
March 27, 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 April 15, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 028 – 250 Riverbend Drive - No Concerns
2) A 2025 – 029 – 315 Wellington Street North – No Concerns
3) A 2025 – 030 – 63 General Drive – No Concerns
4) A 2025 – 031 – 26 Berwick Place – No Concerns
5) A 2025 – 032 – 217 Vanier Drive – No Concerns
6) A 2025 – 033 – 887 Frederick Street – No Concerns
7) A 2025 – 034 – 34 Hohner Avenue – No Concerns
8) A 2025 – 035 – 53 Rusholme Road – No Concerns
9) A 2025 – 036 – 15 Scenic Drive – No Concerns
10) A 2025 – 037 – 265 Breithaupt Street – No Concerns
11) A 2025 – 038 – 206 Shelley Drive – No Concerns
12) A 2025 – 039 – 195 Victoria Street North – No Concerns
13) A 2025 – 040 – 160 Charles Best Place – No Concerns
14) A 2025 – 041 – 249 West Oak Trail – No Concerns
15) A 2025 – 042 – 1100 Union Street – No Concerns
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
Document Number: 4942954
thereof and may require payment of Regional Development Charges for these
developmentsprior 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,
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
Document Number: 4942954
March 28, 2025via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting April15, 2025
Applications for Minor Variance
A 2025-013160 Grand River BoulevardA 2025-03615 Scenic Drive
A 2025-029315 Wellington Street NorthA 2025-037265 Breithaupt Street
A 2025-03063 General DriveA 2025-038206 Shelley Drive
A 2025-03126 Berwick PlaceA 2025-039195 Victoria Street North
A 2025-032217 Vanier DriveA 2025-040160 Charles Best Place
A 2025-033887 Frederick StreetA 2025-041249 West Oak Trail
A 2025-03434 Hohner AvenueA 2025-0421100 Union Street
A 2025-03553 Rusholme Road
Applicationsfor Consent
B 2025-009179Jansen AvenueB2025-012112 Kehl Street
B2025-01057 & 59 Iron Gate StreetB2025-0131100 Union Street
B 2025-011400 Westwood Drive
Grand River Conservation Authority (GRCA) staffhavereviewed 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 arenot subject to Ontario Regulation 41/24and,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
BY EMAIL ONLY
TO:Kitchener Committeeof Adjustment
200 King Street W, Kitchener, ON N2G 4G7
st
DATE:March 31, 2025
RE:Adjacent Development Review: A2025-033
887 Frederick Street,Kitchener,ON
Minor Variance
Dear Committee of Adjustment,
Metrolinx is in receipt of the Minor Variance application for887 Frederick St, Kitchenerto facilitatethe
variancestosupport thedevelopmentof a three-storey20-unit townhousedevelopmentas circulated
stth
March 21, 2025, and to be heard at Public Hearing on April15, 2025.
subject application are noted below:
The subject property is located within 300m of theMetrolinx GuelphSubdivision,which carries
Metrolinx's KitchenerGOTrain service.
GO/HEAVY-RAIL ADVISORY COMMENTS
Beadvised that Metrolinx is a stakeholder that has provided comments on the comprehensive
development application,including the Site Plan Application. Any previous
comments/requirements providedby Metrolinx are still applicable.
The Proponent is advised of the following:
o
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.
Should you have any questions or concerns, please do not hesitate to contact me.
Best regards,
Farah Faroque
Project Analyst, Third Party Projects Review
Metrolinx
10 Bay Street | Toronto | Ontario | M5J 2N8
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