HomeMy WebLinkAboutDSD-2025-156 - A 2025-037 - 265 Breithaupt 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: Evan Wittmann, Senior Planner, 519-783-8523
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: April 7, 2025
REPORT NO.: DSD-2025-156
SUBJECT: Minor Variance Application A2025-037 265 Breithaupt Street
RECOMMENDATION:
That Minor Variance Application A2025-037 for 265 Breithaupt Street requesting
relief from the following sections of Zoning By-law 2019-051:
i) Section 5.6, Table 5-5, of Zoning By-law 2019-051 to permit a minimum parking
supply of 25 spaces whereas 49 are required; and,
ii) Section 10.2, Table 10-1, of Zoning By-law 2019-051 t as
a permitted use in the EMP-1 Zone;
to permit the existing use of the KW Badminton Club generally in accordance with
drawings prepared by Vinlanda Engineering, dated February 27, 2025, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make a recommendation regarding the
minor variance application for 265 Breithaupt Street.
The key finding of this report is
not 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.
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The KC Badminton Club has been a tenant in the current building since early 2019. At that
time, Zoning By-law 85-
(M-
-law 2019-051, the
Zone
(EMP-1) nor a like use that the Badminton Club
would fall under the definition of.
Although the Badminton Club is an existing use, they are not considered to be a egal
Non-Conforming Use
while Zoning By-law 85-1 was in effect. Section 2.3 of Zoning By-law 85-1 and new
Section 1.8 of Zoning By-law 2019-051 establish that no change may be made in the type
Although Building Permits were issued prior to the change in zoning, these check for zone
compliance, but do not establish use, as outlined in the above noted section of the Zoning
By-laws. As no ZOC was issued, the Badminton Club was not established as a egal
Non-Conforming Use when the new Zoning By-law was implemented. Regardless of the
status as current tenants and an existing use, a minor variance is required, and the four
tests of the Planning Act must be assessed. This application seeks to establish the
existing use and associated parking to comply with the current Zoning By-law.
The subject property is located on the southern side of Breithaupt Street between
Margaret Avenue and St. Leger Street. The CN Rail train tracks abut the subject property
to the south.
Figure 1: The Subject Property (Taken March 28, 2025)
Figure 2: Subject Property Aerial(Subject Property In Red)
Figure 3: Zoning By-Law 2019-051(Subject Property In Red)
Urban
Land Use in the
-
By-law 2019-051. The purpose of the application is to establish a current tenant, the KC
Badminton Club, as a permitted use, along with the associated required parking for the
use.
Figure 4: Internal Site Plan
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
3 of the
Official Plan. The general intent of the General Industrial Employment land use
designation is to provide for a broad range of industrial uses, some of which by virtue of
their operation or site utilization may need to locate within an industrial area or require
appropriate buffering to mitigate potential impacts on residential areas. A limited number of
accessory or ancillary uses which support the primary function of the General Industrial
Employment land use designation are also permitted, including fitness centres, subject to
the following criteria:
i) they are located within a building containing at least one primary permitted
industrial employment area use;
ii) the individual units will not exceed 1,500 square metres of gross floor area; and,
iii) they will not conflict or interfere with the satisfactory operation and development
of the lands for industrial employment area purposes.
The intent of permitting accessory or ancillary uses to industrial uses is generally to
support the primary, industrial use on the subject property. For Fitness Centres, this would
generally entail a fitness use for staff use to contribute to competitive employment and
employee benefits.
Although currently existing, the KC Badminton Club is not an accessory or ancillary use to
an existing industrial use on the subject property.
While tangentially permitted, adding a standalone Fitness Centre use does not meet the
intent of the Official Plan.
General Intent of the Zoning By-law
The subject property is zoned EMP-1 in Zoning By-law 2019-051. The purpose of this
zone is to accommodate a limited range of industrial uses on lands located within
neighbourhoods and/or Major Transit Station Areas. Under this Zoning By-law, the KC
Fitness Centre is a permitted use
within the EMP-1 zone; however, the Fitness Centre must be accessory to a different
permitted use, and the individual unit cannot exceed 1,500 square metres of gross floor
area, following the policy direction of the Official Plan.
The KC Badminton Club, as it exists, is not accessory to another use in the existing multi-
unit building on the subject property.
Although tangentially permitted, the current use does not reflect the general intent of the
EMP-1 zone for Fitness Centres to not be a standalone use.
The Zoning By-law sets minimum parking rates based on use to ensure that sufficient
parking is provided. As badminton courts generally cater to a low participant count for the
amount of space they occupy, lower parking rates than required for the general definition
25 spaces are sufficient to service the Badminton Club and is above current usage. The
variance to reduce the required parking meets the general intent of the Zoning By-law.
Are the Effects of the Variance(s) Minor?
Generally, to assess if the effect of a variances is minor, the impacts on the subject
property and surrounding areas is considered. As the KC Badminton Club has been
operating for several years, no new adverse impacts will result a result of the change to
permitted uses. The Badminton Club is sized within the 1,500 square metre maximum for
accessory/ancillary recreational uses, and as such, would functionally meet the Zoning By-
law had the use been accessory to a different use in the building. No parking complaints
have been filed to the City regarding the property based on the current use and parking
arrangement. As such, the variances are considered minor in nature.
Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
Industrial designated land is intended to contribute to the economic strength of the City,
providing land for employment uses that may be less compatible with sensitive land uses,
such as residential or institutional uses. Considering the range of zones that permit Fitness
Centre uses as-of-right (all Commercial, Mixed-use, and Strategic Growth Area zones),
fitness centre uses are more appropriate and desirable in land use designations that are
not earmarked for employment use.
Regarding the parking variance, an oversupply of parking contributes to an abundance of
paved surfaces, which contributes negatively to environmental and urban design impacts.
The requested supply is appropriate for the existing use and is desirable.
Environmental Planning Comments:
No concerns due to the nature of the development (variance for use and parking, no
construction/site alteration).
Heritage Planning Comments:
The subject property has no heritage status. However, it is located within the Warehouse
District Cultural Heritage Landscape (CHL). 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
requested changes is not anticipated to have an adverse impact on the value of the CHL,
and as such, there are no heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided interior finish
permit for the fitness centre is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comment.
Parks and Cemeteries/Forestry Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services does not support the requested variance to vehicle parking to
permit 25 spaces, where 49 are required. Transportation Services did not receive any
parking justification for the proposed 50% parking reduction.
GRCA Comments:
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, permission from GRCA is not required.
Region of Waterloo Comments:
No concerns.
Metrolinx Comments:
GO/HEAVY-RAIL ADVISORY COMMENTS
The Proponent is advised of the following:
Warning:
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 2019-051
ATTACHMENTS:
Attachment A Site Plan
ATTACHMENT A SITE PLAN
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: A2025-037
265 Breithaupt Street,Kitchener,ON
Minor Variance
Dear Committee of Adjustment,
Metrolinx is in receipt of the Minor Variance application for265 Breithaupt Street, Kitchener,to facilitate
st
an existingbadminton clubuse within the buildingas circulated March 21, 2025, and to be heard at
th
Public Hearing on April15, 2025.
The subject property is located adjacentof theMetrolinx GuelphSubdivision,which carries
Metrolinx's KitchenerGOTrain service.
GO/HEAVY-RAIL ADVISORY COMMENTS
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
1