HomeMy WebLinkAboutDSD-2025-223 - A 2025-050 - 244 Samuel Street
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: Andrew Pinnell, Senior Planner, 519-783-8915
WARD INVOLVED: Ward 10
DATE OF REPORT: May 7, 2025
REPORT NO.: DSD-2025-223
SUBJECT: Minor Variance Application A2025-050 - 244 Samuel Street
RECOMMENDATION:
That Minor Variance Application A2025-050 for 244 Samuel Street requesting relief
from Section 5.4, Table 5-3 of Zoning By-law 2019-051, related to a Single Detached
Dwelling, within lands identified on Appendix C Central Neighbourhoods, to
permit:
i) a driveway with a width of 8 metres (68% of the lot width), whereas only a
driveway with a maximum width of 4.7 metres (40% of the lot width) is
permitted; and
ii) a driveway to be located 0.5 metres from the rear lot line, whereas the driveway
shall not be located closer to this lot line than the required side yard setback of
the dwelling which is 1.2 metres;
for the purposes of facilitating an enlargement of the existing driveway, while
maintaining a minimum 1.8 metre high wood fence along that portion of the rear lot
line (shared with 100 Stirling Avenue North) from which the proposed driveway is
set back 0.5 metres, generally in accordance with drawing attached to Report DSD-
2025-223, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of variances for relief from
driveway width and setback regulations related to a Single Detached Dwelling within
lands identified on Appendix C Central Neighbourhoods.
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
*** This information is available in accessible formats upon request. ***
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s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
Figure 1 Subject Property (outlined in red) in context of surrounding
neighbourhood
BACKGROUND:
The subject property is located at the southeast corner of Samuel Street and Stirling
Avenue North, in the Auditorium Planning Community. The property contains a single
detached dwelling, constructed in approximately 1925, with an attached garage that was
added sometime later. An existing single car driveway leads directly from the garage to
Stirling Avenue North. A wood board fence with an approximate maximum height of 1.8
metres and stepping down towards Stirling Avenue North, is located along the rear lot line
(shared with 100 Stirling Avenue North).
The lands immediately surrounding the subject property are comprised almost entirely of
low rise residential uses (mainly detached dwellings). Sheppard Public School is located to
the southeast, and Knollwood Park and the Kitchener Memorial Auditorium Complex are
located to the west.
The subject property is identified as Urban Structure of the
Land Use.
Low Rise Residential Four Zon-4) under By-law 2019-051.
The property is not located within a Protected Major Transit Station Area but is located
only 760 metres from the Kitchener Market ION Station Stop.
Development and Housing Approvals staff visited the site on May 6, 2025.
Figure 2 Photo of Subject Property, taken from Stirling Avenue North. The existing
driveway is shown at centre. The existing wood board fence is also shown along the
rear lot line (shared with 100 Stirling Ave N).
The purpose of the subject application is to request relief from Section 5.4, Table 5-3 of
Zoning By-law 2019-051, related to a Single Detached Dwelling, within lands identified on
Appendix C Central Neighbourhoods, to permit:
i) a driveway with a width of 8.0 metres (68% of the lot width), whereas a maximum
width of 4.7 metres (40% of the lot width) is required; and
ii) a driveway to be located 0.5 metres from the rear lot line, whereas the driveway
shall not be located closer to this lot line than the required side yard setback of the
dwelling (1.2 metres);
for the purposes of facilitating an enlargement of the existing driveway.
It should be noted that for the purposes of the Variances:
1. The subject property is a corner lot, and lot width is based on the front lot line,
which, in this case, is the shorter lot line abutting a street (i.e., Samuel Street), even
though the driveway does not technically cross this lot line. Instead, the driveway
crosses the longer lot line abutting Stirling Avenue North (i.e., exterior side lot line).
The zoning definition of Front Lot L
shorter lot line abutting a street, not including the lot line forming part of a corner
visibility triangle, shall be the front lot line In this regard, the maximum driveway
width is based on the front lot line (abutting Samuel Street), despite the fact that the
driveway can only be accessed across the exterior side lot line (abuttingStirling
Avene North).
Also, the driveway is not a full 8 metres wide for the entire length. Rather, it is 8
metres wide only at the front façade of the garage, tapering to 5.2 metres wide at
the property line (and only 3.5 metres wide at the travelled portion of Stirling
Avenue North), and reduced to 4.8 metres wide beside the attached garage.
2. It should also be noted that the regulation requires a driveway setback to the rear
lot line (i.e., that lot line farthest from and opposite to the front lot line abutting
Samuel Street), not the side lot line, even though the regulation states that the
closer than the required side yard setback of the
In this case, technically, it is the required side yard setback of 1.2
metres that must be applied to the driveway setback from the rear lot line. This is
because the regulation is primarily intended to be applied to interior lots where the
driveway crosses the front lot line, rather than be applied to a corner lot (such as
this case) where the driveway crosses the exterior side lot line.
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 2014 Official Plan contains a few policies that are relevant to the subject application,
for example:
11.C.1.28. Neighbourhoods in the City can be characterized as either suburban
or central neighbourhoods. The Urban Design Manual provides
design direction with respect to character, built form and amenities in
both typologies of neighbourhoods. a) In the Central Neighbourhoods
compatible with the existing neighbourhood.
13.C.8.4. All parking areas or facilities will be designed, constructed and
maintained:f) to result in aesthetically acceptable parking areas
which blend into the general environment of the area.
The subject property is within the Central Neighbourhoods. Although infill development is
not proposed, Development and Housing Approvals (DHA) staff is of the opinion that the
proposed driveway width and setback are, nonetheless, compatible with the existing
neighbourhood, noting that the driveway width is proportionally acceptable, since the
driveway is accessed across the (longer) exterior side lot line (Stirling Avenue North),
rather than from the shorter front lot line (Samuel Street).
Also, the driveway would be tapered (narrowed) from 8 metres wide at the front façade of
the garageto only 5.2 metres wide at the property line. This would allow for a portionof
the boulevard landscaping to be retained and would separate the subject driveway from
the driveway of the abutting property (100 Stirling Avenue North). Staff is satisfied that the
resultant driveway would be aesthetically acceptable and would blend into the general
area, noting that driveway widths within the surrounding neighbourhood are quite varied in
terms of width and other characteristics.
The Official Plan also provides several policies that state the City encourages and
supports the adaption of the existing housing stock through renovation and seeks to
support and attempt to accommodate residents who wish to adapt their housing to better
suite their circumstances and needs that may change over time. The variances would
facilitate a driveway expansion that would accommodate a second, larger vehicle,
whereas the applicant states the current driveway in front of the garage can only
accommodate one small vehicle. The proposal would facilitate the implementation of these
policies:
4.C.1.10. Where appropriate, and without limiting opportunities for
intensification, the City will encourage and support the ongoing
maintenance and stability of existing housing stock in the city by: a)
supporting the reuse and adaption of the housing stock through
renovation, conversion and rehabilitation;
4.C.1.20. The City will support and attempt to accommodate residents who may
wish to adapt their housing to better suit their circumstances and
needs that may change over time, provided these changes to the
housing do not significantly impact the nature or community character
of the surrounding residential area.
Staff is satisfied that the requested variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the driveway width and setback regulations is to ensure that compatibility of
character is achieved, within the Central Neighbourhoods.
The driveway width variance is required because the subject property is a corner lot. If the
lot width could be based on the Stirling Avenue North frontage, a driveway width variance
would not be required. It should be noted that the proposal complies with Section 5.4 f),
provision in Table 5-2 and Table 5-3 a driveway associated
in width
The driveway setback variance for a minimum 0.5 metre driveway setback is proposed at
the parking space and the setback would increase as the driveway approaches Stirling
Avenue North (as the driveway tapers, away from the abutting rear property line (shared
with 100 Stirling Avenue North).
In this regard, DHA staff is satisfied that the requested variances meet the general intent
of the Zoning By-law.
Are the Effects of the Variance Minor?
DHA staff is of the opinion that the requested variances are minor, since they are not
anticipated to cause unacceptably adverse impacts on adjacent properties. The majority of
the driveway on the subject property will be 4.8 metres in width, only 0.1 metres greater
than the permitted width, the 8 metre width will only occur at the façade of the attached
garage and the driveway will be located on the longer lot line which is 22 metres in length.
The proposed driveway expansion is not anticipated to significantly impact the nature or
community character of the surrounding residential area. It should be noted that
no concerns with this application.
Are the Variances Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
DHA staff is of the opinion that the requested variances are desirable and appropriate for
the subject property. The requested variances would facilitate a driveway expansion that
would accommodate a second, larger vehicle, whereas the applicant states the current
driveway in front of the garage can only accommodate one small vehicle.
Environmental Planning Comments:
No comments received.
Heritage Planning Comments:
The property is located within the Pandora Neighborhood 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 proposed driveway widening is not
anticipated to have any adverse impacts on the character-defining elements of the CHL.
As such, staff have no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances.
Engineering Division Comments:
Engineering has no concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Regional Municipality of Waterloo:
No concerns.
Grand River Conservation Authority:
No objections.
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
interes
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 Plan Submitted with Application
Attachment A Plan Submitted with Application
May 6, 2025
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
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
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
May 5, 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 May 20, 2025
Applications for Minor Variance
A 2025-0212880 King Street EastA 2025-04942 Orchard Mill Crescent
A 2025-04382 Brunswick AvenueA 2025-050244 Samuel Street
A 2025-04484 Brunswick AvenueA 2025-051503 Victoria Street North
A 2025-045191 Morgan AvenueA 2025-052573 Guelph Street
A 2025-046241 Huck CrescentA 2025-053575 Guelph Street
A 2025-04714 Jansen AvenueA 2025-054864 King Street West
A 2025-04824 Amherst Drive
Applicationsfor Consent
B 2025-0161950 Fischer Hallman Road
B 2025-017864 King Street West
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