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Home My WebLink AboutDSD-2025-235 - A 2025-047 - 14 Jansen AveStaff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 20, 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: May 8, 2025 REPORT NO.: DSD -2025-235 SUBJECT: Minor Variance Application A2025-047 —14 Jansen Avenue RECOMMENDATION: That Minor Variance Application A2025-047 for 14 Jansen Avenue requesting relief from the following Sections of Zoning By-law 2019-051: i) Section 11.3, Table 11-2, to permit an interior side yard setback of 3.2 metres instead of the minimum required 7.5 metres; and ii) Section 5.6 a), Table 5-5, to permit a parking requirement of 8 parking spaces instead of the minimum required 16 parking spaces; to facilitate a 2 -storey addition at the rear of the existing building to be able to expand an existing daycare use, in accordance with Site Plan Application SPF25/003/J, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application to facilitate the construction of a 2 -storey addition to expand an existing daycare use. • 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 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 83 of 246 BACKGROUND: The subject property is located on the west side of Jansen Avenue and is a "through lot", with the rear yard having a street line on Florence Avenue. Figure 1: Location Map 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 Zone (RES -4)' with Site Specific Provision (214) in Zoning By-law 2019-051. Site Specific Provision (214) permits the daycare facility use in accordance with the `INS -1' regulations in Table 11-2 of Zoning By- law 2019-051. The purpose of the application is to facilitate the construction of a 2 -storey addition to expand an existing daycare use. Site Plan Application SPF25/003/J has received Conditional Approval. Page 84 of 246 no Y CNILOB o g - i� / '4I le■ ENb r g V5Ti0C IME HGCIfV TLwn hiw 311A9:N'MI _ 417 in e 7n RWUGHI'RVNGRE 4, 4FmAin 04T,RC9 TNAKLE L AIHIG RKV Y L]1 IINGYY�t'174ENL!'r IE PFPLdLE13 ;11 [i A$$ABI[rCIF f%GTiNG �STf //F1 �NEG9]+.C•W ttif ai:f c,,.- IA G'{4'.. PR�FRTr LIRE '7dF SGi: Rlli Y1 SRC :rf -f TP,FF1L. II 'CN[ NAY RiPFTI °r iu M1i 1 —_;Z N0. iVv o' sGFHALT ! - - f'' iGFHALT k IX AGRHSLT CPoSE :ANN: t t t t ' r PR',,6C — — w y—aT _3j Is�uacgdx.... .. Ew - .K�IY -..7b LI➢N 'k1r.1�� 1a+a ARORGbIGA640ARN LItb1N5RiRd�Y W� i—'T/ — 1----- r: rr— �1 l nnr EHIFL CARE MA k lL �� }11 !!!!ii{ Sf3U8951 1{�R.9.14E :SNL 'Ivi 1 '� P 1 1 1 1 1{ 91=R]]mP Idn,1 i:11 illi PI1 Psi y w ♦111111 11111;♦ aiernNS hA'nlN3nIG 9Mx t t t t t .ArUouNO rPIN OTC PWPERT`LVE yr.:{-tom+ +R+�'+r -- NC.3 y ! rttt}t} }ti tii'+ i�}RI{M TiN 1 fi' 6.1 r { LLFC `� NT. FILE FOUTE l3 uSus.Ale �: uy tiK a �.. dLAT&UNIANPF,h n , FMKMG'srdllTG EG 1 i • . $ l ' VTR4FP IJ.Wifr! GT1 ET PN4iING CRi iTORACE AS PAST NS51717°I 957' N 1:1'11' =F0• Rh' UhE 6I551 W f{pRENCE CGEGNG AGREEC TO WFIE ` — NE. 31' SAGE. GATE RRLAn VPRRa;:PLA PEGGNid WA�P.C.P 1SN1 Nu'H FfxCf DOW{wJlpM6 MSkS5 TC 9r. E417IIG'NC00FENCL NORORGAIEAOF NOTI i[U A IKSCGP AAU` 6lNUERFM pIEL4151MUE >GTEM ON EGACPFTF PRCNCEC IN THE APSEk1ENi PIAIDAG aIGN MIri LOU. AAP�MG PAfiUNG STARES FAL 11AFU ❑RRi pFCHAH [lu;lALN0A4 MOM FLAWiPOLNO dAFA "AFUNCIDWOPEG Fi 11111 FI'IH 1 ':PAID Figure 4: Site Plan Drawing 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'. Yard Setback to a Lot with a Low -Rise Residential Zone General Intent of the Official Plan The subject lands are designated "Low Rise Residential" in the City's Official Plan. There is an existing daycare facility on the lands. The Official Plan contains policy 15.D.3.27 which speaks to non-residential supporting land uses within residential land use designations. Day care facilities are included in this policy, which supports the development of a walkable and complete community by locating complementary non- residential uses within residential neighbourhoods. Staff are of the opinion that the requested variances for the reduction in yard setback meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires institutional uses to be set back 7.5 metres from a lot with a low-rise residential zone is to provide for adequate building separation between institutional and residential uses. In this situation, the subject lands themselves are zoned low-rise residential, and contain an existing building within the required 7.5 metre setback area (3.7 metres). The request to align the addition generally with the existing building and provide a yard setback of 3.2 metres will continue to provide for an adequate building separation on the subject lands in the opinion of Planning Staff and will provide for an opportunity for expansion within reason on the subject lands. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Page 86 of 246 Is/Are the Effects of the Variance(s) Minor? The location of the proposed building addition is expected generally align with the existing building and is not expected to cause adverse impacts or effects to the adjacent lands. Therefore, Staff are of the opinion that the effects of the requested variance are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The lands are currently developed with an existing daycare facility. The proposed addition has demonstrated functionality and appropriateness through the site plan application, and Planning Staff is of the opinion that the requested variance for reduction in yard setback is appropriate for the use of the lands. Parking Reduction General Intent of the Official Plan The subject lands are designated `Low Rise Residential' in the City's Official Plan. The intent of the Low Rise Residential land use designation is to accommodate a full range of low density housing types, as well as complimentary non-residential uses. Section 13 of the City's Official Plan contains policies for an Integrated Transportation System, including encouraging both active transportation and public transit. The requested variance identifies an opportunity to achieve the objectives and policies of the official plan by promoting a healthy, walkable, community that makes a wide range of transportation choices viable in Kitchener. Planning Staff are of the opinion that the requested variance for a reduction in parking spaces meets the general intent of the Official Plan. General Intent of the Zonina By-law The intent of the regulation that requires a minimum of 16 parking spaces is to ensure that there is adequate storage for motor vehicles on site. The majority of the parking need for the use (day care facility) is for employees, as parents dropping off and picking up their children are only stopping for 5-10 minutes at a time and can use the on -street parking available on Jansen Avenue and Centreville Street. To support and encourage active transportation, secure bicycle parking is provided (3 Class A spaces) in excess of the minimum required by the Zoning By-law (1 Class A space), and outdoor visitor bike parking is provided (5 Class B Spaces) whereas none are required by the Zoning By-law. Additionally, the applicant will provide one Shower and Change Facility for employees biking to work, whereas none are required for this scale of development in the Zoning By-law. In regards to public transit, the subject lands are well served by GRT route 8 and Npress 206 which contains stops 100-300 metres away on Weber Street East/King Street East and Fairway Road. Finally, the applicant will assign an employee as a "TDM Coordinator" (Transportation Demand Management) who will be assigned to promote alternative modes of transportation to employees, providing information packages to new employees about transit options, and providing employees with subsidized transit passes. In the opinion of Planning Staff, the 8 parking spaces that are proposed to be provided are adequate for the use of the subject lands and therefore meets the general intent of the Zoning By-law. Page 87 of 246 Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the effects of the requested variance are minor, as the site would provide a balance of options for parking, alternative transportation modes and would not cause adverse impacts. On -street parking is limited to a duration of 3 hours and would not be a viable option for employees. The applicant is providing Transportation Demand Management measures to encourage alternative transportation modes and manage parking demand on site. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The lands are well connected to bus transit and active transportation routes. On site TDM measures are incorporated into the development proposal. Accordingly, the requested variance for reduction in vehicle parking is desirable and appropriate for the development of the lands to facilitate the construction of an addition to the existing building. Environmental Planning Comments: Tree Management will be addressed through Site Plan Application SPF25/003/J. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variances provided a building permit for the addition to the day care is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: As part of the Site Plan Approval process in March 2025, parking justification was submitted by the applicant development consultant. Based on their justification, it appears that the parking supply should be adequate for this use. 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 88 of 246 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) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 ATTACHMENTS: Attachment A — Site Plan Drawing Page 89 of 246 - �LOR�NC� N - � NEW DRIVEWAY w 0 i0 s�oE aLK s, Z a+�ae " �oti��E soEw D 0 �oR �0 4 1 -165 "ES PROPERTI LINE ,5.24p M (/� All 11 PREP RTI ,TIN 15.240 M O 0 — m z p w. � D Z IT1 m m 5 M BUILDING - - x Z 7,5 M BUIL LIG ACK LINE �- _ SETBACK LINE 3.0 - - _V Z 7.5 0_ 5.9 11, 7,3 _ m tQ _- - I II Pi - I I c <ti mmr.� 2tEm ro of = OIIm Z° z z� ■ m S' o Y II> 3 _ - t GET =F i2 FnEE _ ,.5 u a 3.2 10 m �� yp BE ' S. I I n� �{ wo a° °� m{ I aN �. 'Y I I n� Hca 6J75 tg7 e ^ S 3.62 3.7 3.7 o cn � w Q aw — m m Y —o m5w 'ae m� a — w i w 5. 2 y m 5 2 2. 6L 2. 6� _ z� 6 M BU ING r SETBHC LINE 5.38 6 M BU LDING c�5-36 C B, p� SETBAp u E - 61 o > 15.240 M N34'S2'10"c�PROPERTY INEz N34 52 PROPERTv INE 15.240 M 1 =I - O m A JA 4SEN jANSEN om m� c a Dz m z� z - N n� U nZ 1. c - o�� MO. WON e Ni s1 �31,N�0 m za °Fnrz �m Yva�~�� oq � DAYCARE EXPANSION n � — 14 JANSEN AVENUE KITCHENER, UNTARIU v 3 2 O m r m � o — m o T T — 3 3 O 1. - o�� MO. WON e Ni s1 �31,N�0 m za °Fnrz wsr oq � DAYCARE EXPANSION n � — 14 JANSEN AVENUE KITCHENER, UNTARIU May 6, 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 U 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 May 20, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 043 — 82 Brunswick Avenue — No Concerns 2) A 2025 — 044 — 84 Brunswick Avenue — No Concerns 3) A 2025 — 045 — 191 Morgan Avenue — No Concerns 4) A 2025 — 046 — 241 Huck Cresent — No Concerns 5) A 2025 — 047 — 14 Jansen Avenue — No Concerns 6) A 2025 — 048 — 24 Amherst Drive — No Concerns 7) A 2025 — 049 — 42 Orchard Mill Cresent — No Concerns 8) A 2025 — 050 — 244 Samuel Street — No Concerns 9) A 2025 — 051 — 503 Victoria Street North — No Concerns 10)A 2025 — 052 — 573 Guelph Street — No Concerns 11)A 2025 — 053 — 575 Guelph Street — No Concerns 12)A 2025 — 054 — 864 King Street West — 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 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. Document Number: 4976854 Page 91 of 246 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: 4976854 Page 92 of 246 May 5, 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 — May 20, 2025 Applications for Minor Variance A 2025-021 2880 King Street East A 2025-043 82 Brunswick Avenue A 2025-044 84 Brunswick Avenue A 2025-045 191 Morgan Avenue A 2025-046 241 Huck Crescent A 2025-047 14 Jansen Avenue A 2025-048 24 Amherst Drive Applications for Consent B 2025-016 1950 Fischer Hallman Road B 2025-017 864 King Street West via email A 2025-049 42 Orchard Mill Crescent A 2025-050 244 Samuel Street A 2025-051 503 Victoria Street North A 2025-052 573 Guelph Street A 2025-053 575 Guelph Street A 2025-054 864 King Street West Grand River Conservation Authority (GRCA) staff have 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. Should you have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 93 of 246