HomeMy WebLinkAboutDSD-2025-230 - A 2025-051 - 503 Victoria St N
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: Sean Harrigan, Senior Planning Technician, 519-783-8934
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 8, 2025
REPORT NO.: DSD-2025-230
SUBJECT: Minor Variance Application A2025-051- 503 Victoria St. N.
RECOMMENDATION:
That Minor Variance Application A2025-051 for 503 Victoria Street North requesting
relief from the following Sections of Zoning By-law 85-1:
i) Section 6.1.1.1.b) ii) b) to permit a minimum driveway width of 2.2 metres
instead of minimum required 2.6 metres; and
ii) Section 5.24 to permit a residential building with noise mitigation to be located
3.8 metres from an Arterial Road instead of the minimum required 12 metres;
to facilitate the development of an Additional Dwelling Unit (Attached) in an existing
Duplex Dwelling, generally in accordance with drawings prepared by Fiori Design,
dated November 14, 2024, BE APPROVED, subject to the following conditions:
1. That the Owner shall grant Metrolinx an Environmental Easement for Operational
Emissions. The Environmental Easement provides clear notification to those who
may acquire an interest in the subject property and reduces the potential for future
land use conflicts. The environmental easement shall be registered on title of the
subject property.
2. That the Owner shall provide confirmation to Metrolinx, that the following warning
clause has been inserted into all Development Agreements, Offers to Purchase,
and Agreements of Purchase and Sale or Lease of each dwelling unit within 300
metres of the Railway Corridor:
within
that Metrolinx and its assigns and successors in interest has or have a right-of-
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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 deve
AND
That Minor Variance Application A2025-051 for 503 Victoria Street North requesting
relief from the following Sections of Zoning By-law 85-1:
i) Section 5.22. f) to permit an Unobstructed Walkway to overlap with the
driveway whereas the By-law prohibits any part of the Unobstructed Walkway
from overlapping with the driveway; and
ii) Section 6.1.1.1. b) vi) to permit a driveway to have the same material as the
Unobstructed Walkway whereas the By-law requires the driveway material to
be different and distinguishable from all other ground cover or surfacing on
the lot, including landscaping and walkways;
to facilitate the development of an Additional Dwelling Unit (ADU) (Attached) in an
existing Duplex Dwelling, generally in accordance with drawings prepared by Fiori
Design, dated November 14, 2024, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the requested minor variances to facilitate the
development of an Additional Dwelling Unit (ADU)(Attached) in an existing Duplex
Dwelling.
The key finding of this report is that staff are satisfied the requested variances for
reduced driveway width and noise mitigation fulfills the Four Tests, but the variances
for the Unobstructed Walkway and driveway material do not satisfy any of the Four
Tests.
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.
BACKGROUND:
503 Victoria Street North is located within the Central Frederick neighbourhood and is
situated on the south side of Victoria Street between Filbert Street and Locust Street. The
property has approximately 11.2 metres of frontage on Victoria Street North, which is a
Regional Arterial Road, and currently contains an existing Single Detached Dwelling with
one Additional Dwelling Unit (ADU) (Attached) (Duplex Dwelling). The property is within
300 metres of a railway corridor and as such, Metrolinx has requested two conditions of
approval to help ensure minimal conflicts between the proposed Additional Dwelling Unit
(ADU) (Attached) and the railway corridor.
Figure 1: Location Map (503 Victoria St N shown in RED)
Community Areas Urban Structure and is
Low Rise Conservation B20 Central Frederick Neighbourhood Plan
for Land Use 1994 Official Plan.
Residential Five Zone (R-5-law 85-1. The property
also falls within Appendix H Residential Intensification in Established Neighborhoods
Study (RIENS) Area in Zoning By-law 85-1
The purpose of the application is to review the requested minor variances to facilitate the
conversion of an existing duplex to a triplex. The proposed variances seek to permit an
existing reduced minimum driveway width, an existing absence of noise mitigation, and for
the existing driveway to overlap with and to be comprised of the same material as the
required new 1.1 metre Unobstructed Walkway.
Staff note that it may be possible to avoid the variances to the Unobstructed Walkway and
driveway material by modifying the existing shared entrance to include an entrance to the
basement unit, as shown in Figure 9 below. This would facilitate the conversion of the
with the Unobstructed Walkway.
Figure 2: Site Plan
Figure 3: Existing House - Right Side Figure 4: Existing House - Left Side
Figure 5: Existing Driveway Facing Figure 6: Existing Parking
Victoria Street North
Figure 7: Existing Parking to be Figure 8: Existing Outdoor Amenity
Converted to Landscaping Space
Figure 9: Possible Shared Ground
Figure 10: Proposed Ground Floor
Floor Entrance
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
Low Rise Conservation Bin the Central Frederick Secondary
Plan is to retain the existing low rise, low density residential character of the
Neighbourhood. Retention of the existing low-rise, low-density neighbourhood scale shall
be encouraged through the long-term maintenance and improvement of the existing house
stock, and the creation of additional residential units through conversion of existing
residential structures. To this regard, staff are satisfied that adding an additional dwelling
unit to an existing residential building with an existing reduced driveway width and
absence of noise mitigation maintains this general intent. Furthermore, staff are satisfied
that the reduced driveway width and absence of noise mitigation do not interfere with the
appropriate functions of the lands and do not create adverse impacts for adjacent
properties, as required by Official Plan policy 4.C.1.8.e).
However, staff have significant concerns that the proposed variances to allow the
Unobstructed Walkway to overlap entirely with the driveway will impede the appropriate
functions of the land and potentially create adverse impacts on abutting properties, which
conflicts with Official Plan policy 4.C.1.8.e). The applicant has stated that there is sufficient
parking located within the rear yard and as such, the Unobstructed Walkway will only be
temporarily obstructed when cars are entering and leaving the site. While it is true there
are three (3) parking spaces located within the rear yard, Transportation Services has
concerns with the functionality. As shown on Figure 11 below, the parking spaces are
situated perpendicular to the house with about 8.5 metres of driveway width. After
accounting for the minimum 5.5 metre parking spot there, there is only about 3 metres of
space available to make the necessary 90 degree turn to enter and leave the parking
space. This is significantly lower than the standard 6.7 metres drive aisle usually provided
for turning movements for single loading parking. As such, Transportation Staff anticipate
significant challenges with daily parking that may encourage or even force tenants to park
on the driveway directly within the path of the Unobstructed Walkway.
Figure 11: Proposed Rear Yard Parking (Drive Aisle Measured using Plan Scale)
challenges with the existing parking layout during the site visit that further supports
extends the entire length of the rear yard, which is proposed to be reduced to
accommodate required rear yard landscaping. Despite this extra existing parking length,
staff found it difficult to make the necessary turning movements to leave the site in either a
forward motion or by reversing out of the parking space and driveway, leading staff to
question whether the existing parking length could support three parking spots. This
means that when the parking layout is reduced by 0.9 metres in length to meet the
minimum rear yard landscaping requirements, the parking difficulties experienced by staff
will only get worse and increase the chances of someone parking on the driveway beside
the house directly within the path of the Unobstructed Walkway.
Staff also note that Victoria Street North is an Arterial Road which prohibits on street
parking at all times and prohibits stopping during peak hours. These on street restrictions
places addition pressure on the driveway and rear yard parking to accommodate things
like visitors, contractors, and deliveries. Given the challenges with rear yard parking
discussed above, it is anticipated that any visitors, contractors, and deliveries would have
to park on the driveway beside the house thereby interfering with the Unobstructed
Walkway and appropriate function of the lands.
In addition to parking concerns, Official Plan policy 4.C.1.8.a) states that where minor
variances are requested to facilitate residential intensification, the overall impact of the
variances will be reviewed to ensure that any modifications to existing buildings have
regard to Official Plan Section 11, amongst other provisions. Official Plan Section 11 policy
11.C.1.15 states that development applications will be reviewed to ensure they are
designed to accommodate fire prevention and timely emergency response. To this regard,
Emergency Services through discussions with Transportation Services have stated that
proposed parking layout, driveway, and Unobstructed Walkway are not designed for
adequate fire prevention and have potential to significantly impact timely emergency
responses. As discussed above, there is a high probability that parking will occur on the
driveway directly beside the house and within the Unobstructed Walkway. This parking
situation combined with a reduced driveway width means there would be minimal space to
get a stretcher or other emergency equipment to the Additional Dwelling Unit, thereby
negatively impacting adequate fire prevention and timely emergency responses.
General Intent of the Zoning By-law
The general intent of the minimum 2.6 metre driveway width is to ensure there is sufficient
space to park and access a vehicle. Staff note that it might be difficult to park and access
a vehicle directly beside the front porch stairs where the driveway is only 2.2 metres wide,
but the rest of the driveway beside the house is 2.48 metres in width which should be
sufficient to park and access a vehicle. As such, staff are satisfied the variance for
reduced minimum driveway width maintains the general intent of the Zoning By-law.
The general intent of the noise mitigation measures required by Zoning Section 5.24 is to
ensure that any new residential buildings within 12 metres of an Arterial Road are
designed to handle the increased noise associated with an Arterial Road. To this regard,
the building on 503 Victoria Street North is an existing building with two units. Staff are
satisfied that adding a third unit to an existing building with an existing absence of noise
mitigation does not conflict with the general intent of this zoning regulation.
The general intent of the 1.1 metre wide Unobstructed Walkway comes from the
Emergency Services Policy which requires a suitable emergency access route from a
street or sidewalk to the principal entrance of an Additional Dwelling Unit (ADU) (Attached)
where the door does not face a street. The Unobstructed Walkway must remain
completely unobstructed at all times with at least 2.1 metres of overhead clearance to
ensure timely emergency responses by guaranteeing that nothing will impede or block
emergency equipment like stretchers or fire fighting equipment. As discussed above, staff
anticipate that parking will occur on the driveway directly beside the house and within the
Unobstructed Walkway due to the challenging rear yard parking layout and lack of on
street parking. As such, Emergency Services are not satisfied that there is a suitable
emergency access route.
The general intent of the zoning regulation requiring the driveway material to be different
and distinguishable from all other ground cover, including landscaping and Unobstructed
Walkways, is the ensure parking only occurs within approved and designated areas and
that parking will not conflict with other outdoor areas, such as landscaping and
Unobstructed Walkways. As discussed above, staff believe the rear yard cannot function
as the sole parking area which means parking will most likely occur directly beside the
house and within the Unobstructed Walkway. This does not satisfy the general intent of
the zoning regulation.
Is/Are the Effects of the Variance(s) Minor?
Staff are satisfied that the effects of the proposed variances to allow an existing reduced
driveway width and absence of noise mitigation to facilitate the conversion of a uplexto
a riplex are minor in nature. As mentioned above, the driveway width is 2.2 metres
directly beside the front porch steps and 2.48 metres beside the rest of the house, which
does not impede proper function of the driveway and lands. The lack of noise mitigation
already exists for the Duplex and should not create unacceptable impacts for the third unit.
Staff are not satisfied that the effects of the proposed variances to allow the Unobstructed
Walkway to overlap and be comprised of the same material of the driveway is minor in
nature. As discussed above, staff anticipate parking will occur within the Unobstructed
Walkway which can have significant negative effects in an emergency.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff are satisfied that the proposed variances for an existing driveway width and absence
of noise mitigation are desirable for the appropriate development and use of the land and
building. These variances will facilitate a gentle intensification by allowing a third unit to be
added within an existing building with no anticipated negative impacts.
Staff are not satisfied that the proposed variances for the Unobstructed Walkway and
driveway material are desirable for the appropriate development and use of the land and
building. As discussed above, staff anticipate these variances will create an undesirable
conflict between emergency access and parking which has the potential for significant
negative impacts. Staff also note that there are other design options which avoid these
variances entirely, meaning that refusal of these variances does not prohibit an Additional
Dwelling Unit (Attached) from being added to this building.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
The property is located within the Central Frederick 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
relief 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 variance. A Building Permit
Application has been made for the interior renovations to facilitate a Triplex use.
Engineering Division Comments:
Engineering has no concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services has reviewed this application and offer the following comments.
NOT SUPPORTABLE - Zoning By-law 85-1 Section 5.22.f) to permit an
Unobstructed Walkway to overlap with the driveway whereas the bylaw does not
permit any part of the Unobstructed Walkway to overlap with the driveway.
SUPPORTABLE (existing driveway) - Zoning By-law 85-1 Section 6.1.1.1.b) ii) b)
to permit a minimum driveway width of 2.2 metres whereas the by-law requires a
minimum driveway width of 2.6 metres.
NOT SUPPORTABLE - Zoning By-law 85-1 Section 6.1.1.1. b) vi) to permit a
driveway with the same material as the Unobstructed Walkway whereas the by-
law requires the driveway material to be different and distinguishable from all other
ground cover or surfacing on the lot, including landscaping and unobstructed
walkways.
Based on the plan that was submitted with this application, Transportation
Services cautions the applicant with the functionality of the existing parking.
Accessing these parking spaces at the rear of the property will be difficult at times
due to the narrow drive aisle. The plan notes in red an 8.5 metre parking length.
This equates to a 3.0 metre drive aisle with a typical 5.5 metre parking space.
Typically, a 6.7 metre drive aisle is provided for single loaded parking.
Region of Waterloo Comments:
No 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
Emergency Services Policy
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
BY EMAIL ONLY
TO:KitchenerCommittee of Adjustments
200 King Street West, 6th Floor, P.O. Box 1118, Kitchener ON N2G 4G7
CC: cofa@kitchener.ca
th
DATE:May 5, 2025
RE:Adjacent Development Review: A2025-051
503 Victoria StN, Toronto, ON
Minor Variance
Metrolinx is in receipt of the Minor Variance application for 503 VictoriaSt N, to allow a triplex on the subject site as
thth
circulated April 25, 2025, and to be heard at Public Hearing on May20, 2025
application are noted below:
The subject property is located within 300m of the Metrolinx GuelphSubdivision which carries KitchenerGO
Train service.
GO/HEAVY-RAILCONDITIONSOFAPPROVAL
As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines
for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental
easement for operational emissions. The environmental easement provides clear notification to those who may
acquire an interest in the subject property and reduces the potential for future land use conflicts. The
environmental easement shall be registered on title of the subject property. A copyof the form of easement is
included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.comwith questions
and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks).
The Proponent shall provide confirmation to Metrolinx, that the following warningclause has been inserted into
all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each
dwelling unit within 300 metres of the Railway Corridor:
Warning:
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 contact Farah.Faroque@metrolinx.com.
Best Regards,
FarahFaroque
Project Analyst, Third Party Project Review
Metrolinx | 10 Bay Street | Toronto | Ontario | M5J 2S3
T: (437) 900-2291
Adjacent Development Review: A2025-051
503 Victoria St N, Toronto, ON
Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Easement
Lands
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors
and assigns, a permanent and perpetual non-exclusive easement or right and interest in the
nature of a permanent and perpetual non-exclusive easement over, under, along and upon
the whole of the Easement Lands and every part thereof for the purposes of discharging,
emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time
during the day or night (provided that doing so is not contrary to law applicable to Metrolinx)
with noise, vibration and other sounds and emissions of every nature and kind whatsoever,
including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic
interference and stray current but excluding spills, arising from or out of, or in connection
with, any and all present and future railway or other transit facilities and operations upon the
lands of the Transferee and including, without limitation, all such facilities and operations
presently existing and all future renovations, additions, expansions and other changes to such
facilities and all future expansions, extensions, increases, enlargement and other changes to
such operations.
THIS Easement and all rights and obligations arising from the above easement
shall extend to, be binding upon and enure to the benefit of the parties hereto and their
respective officers, directors, shareholders, agents, employees, tenants, sub-tenants,
customers, licensees and other operators, occupants and invitees and each of its or their
respective heirs, executors, legal personal representatives, successors and assigns. The
covenants and obligations of a party hereto, if such party comprises more than one person,
shall be joint and several.
Easement in gross.
2