HomeMy WebLinkAboutDSD-2025-145 - A 2024-034 - 34 Hohner Avenue
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: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: April 1, 2025
REPORT NO.: DSD-2025-145
SUBJECT: Minor Variance Application A2025-034 34 Hohner Avenue
RECOMMENDATION:
That Minor Variance Application A2025-034 for 34 Hohner Avenue requesting relief
from Section 39.2 of Zoning By-law 85-1:
i) to permit a front yard setback of 3.1 metres instead of the minimum required
4.5 metres; and
ii) to permit an interior side yard setback of 0.7 metres instead of the minimum
required 1.2 metres;
to facilitate the conversion of the existing Single Detached Dwelling with an
Additional Dwelling Unit (ADU)(Attached) (Duplex) to Single Detached Dwelling with
two (2) Additional Dwelling Units (ADU)(Attached) (Triplex), in accordance with
drawings prepared by MW Drafting & Design Inc., dated November 21, 2024, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit the
conversion of an existing duplex to a triplex with a reduced front yard and interior side
yard setback.
The key finding of this report is that the requested minor variances meet all 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 re
Committee of Adjustment meeting.
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This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north-east side of Hohner Avenue and Lancaster
Street East. It is in the Central Frederick neighbourhood which is primarily comprised of
low-rise residential uses.
Figure 1: Location Map 34 Hohner Avenue(Outlined in Red)
Community AreasUrban Structure and is
Central Frederick Neighbourhood Plan
for
Residential FiveZone (R-5-law 85-1.
The purpose of the applicationisto review minor variancesto permit the conversion of an
existing Duplex to a Triplex with reduced front yard and interior side yard setbacks.The
primary dwelling was originally constructedin 1925and has been functioning asa single
detached dwelling and duplex with the existing setbacks sincethe timeof construction.
However, in order to convert the dwelling from a Duplex to a Triplex, the building must now
be reviewed in accordance with current Zoning By-law requirements for a Triplex. The
variancesarenecessary to allow the conversion of the existing dwelling without making
significant modifications to the property.
Variance for 0.7m interior
side yard setback
Variance for 3.1m front
yard
Figure 2: Proposed TriplexSite Plan
New door
Figure 3: FrontElevation of Proposed Triplex
Windows to be removed
Figure 4:East (Right) SideElevation of Proposed Triplex
Planning Staff conducted a site visit on March 26, 2025.
Figure 5: Existing Site Conditions as of March 26, 2025
Figure 6: 3 metres Access on the West(Left) Side of Property
Neighbouring property
Driveway
Figure 7:East (Right) Side of PropertyWhere the Variance is Required
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
Central
Frederick Neighbourhood Plan for Land Use in the Official Plan. The intent of this
designation is to preserve the scale, use, and intensity of existing development in portions
of the community where the vast majority of land use is detached dwellings. The proposed
conversion of the duplex into a triplex does not require exterior alterations except for a
new door in the front facade and the use of the property will remain consistent.
Policy 4.C.1.23 permits up to 3 additional dwelling units subject to meeting any other
applicable policies in the Plan and zoning regulations.
4.C.1.23. The City may permit up to three additional dwelling units, attached
and/or detached, on a lot which contains a single detached dwelling, a
semi-detached dwelling or a street-townhouse dwelling as the
principal use, unless otherwise limited by the policies of this Plan, and
in accordance with the City's Zoning By-law, in order to provide
additional housing options to Kitchener homeowners and residents.
The proposed Triplex use of the property conforms to the land use designation. As such,
staff are satisfied that the proposed variances for a reduced interior side yard setback and
front yard setback to facilitate the conversion of the existing Duplex to a Triplex meet the
general intent of the Official Plan.
General Intent of the Zoning By-law
Variance for Front Yard Setback
The intent of the front yard setback requirement is to ensure a consistent setback to the
property line to maintain a coherent and consistent streetscape. Staff note the conversion will
maintain the existing setbacks. The house has existed since 1925, and the structure is not
changing with the conversion. There will continue to be sufficient separation from the street
while preserving the streetscape and front yard design. Therefore, Staff are of the opinion
that the proposed variance meets the general intent of the Zoning By-law.
Variance for Interior Side Yard Setback
The general intent of the interior side yard setback requirement is to ensure adequate
spacing between the structures for light, air circulation, maintenance access and privacy.
The proposed setback of 0.7 metres will continue to provide sufficient separation between
the properties. The property has sufficient space for maintenance access on the west (left)
side where 3 metres is provided between the dwelling and the property boundary.
Additionally, windows are being removed from the second floor right (east) side of the
existing dwelling which prevents overlooking and maintains the privacy of the neighbouring
property. Therefore, Staff are of the opinion that the proposed variance meets the general
intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The reduced setbacks are minor in nature as the proposed additional dwelling unit will be
located within the basement of the existing structure with no exterior modifications except
the new front door more than halfway below grade which ensures any changes remain
invisible from the streetscape. The appearance will remain compatible with
adjacent viewpoints and visually consistent with its surroundings. Given that the existing
built form remains unchanged, the existing setbacks will not negatively impact the
neighbouring properties or the streetscape.
Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances for the reduced front yard and interior side yard setback are
considered desirable for the appropriate development of the land as the variance will allow
the existing dwelling to convert from a Duplex to a Triplex. The minor variance will also
avoid any unnecessary demolition and/or reconstruction of the front and the side of the
existing building.
Environmental Planning Comments:
No comments or 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 34
Hohner Avenue is located within the Central Frederick Neighborhood Heritage
Conservation District. The proposed changes are not anticipated to have a major adverse
impact on the CHL, and as such, staff have no concerns with the application.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the change of use to a Triplex.
Engineering Division Comments:
No comments or concerns.
Parks and Cemeteries/Forestry Division Comments:
There is an existing tree within the front yard that will be impacted by the proposed
development. The tree appears close to the front lot line and although it is not an
inventoried City tree, it may be a shared boundary tree. The site design should be
adjusted to minimize impacts to the existing tree.
Planning Response
The only alteration to the exterior of the property will be the installation of a required
walkway. The walkway is proposed to be located 1.1 metres away from the tree trunk
within the tree canopy. The walkway will not require a significant amount of excavation that
would damage the root system.
Transportation Planning Comments:
No comments or 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-law 85-1
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