HomeMy WebLinkAboutDSD-2025-205 - A 2025-052, 053 - 573, 575 Guelph StStaff 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: Arwa Alzoor, Planner, 519-783-8903
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: April 25, 2025
REPORT NO.: DSD -2025-205
SUBJECT: Minor Variance Application A2025-052 - 573 Guelph Street
Minor Variance Application A2025-053 - 575 Guelph Street
RECOMMENDATION:
A. Minor Variance Application A2025-052 — 573 Guelph Street
That Minor Variance Application A2025-052 573 Guelph Street requesting relief from
Section 7.3, table 7-3, of Zoning By-law 2019-51:
i) to permit a lot width of 7.4 metres instead of the minimum required 7.5
metres, and;
ii) to permit an interior side yard setback of 0.9 metres instead of the minimum
required 1.2 metres;
to recognize the existing semi-detached dwelling; generally, in accordance with
drawings prepared by Ontario Land Surveyor David J. Raithby, dated June 8, 2023.
BE APPROVED.
B. Minor Variance Application A2025-053 — 575 Guelph Street
That Minor Variance Application A2025-053 for 575 Guelph Street requesting relief
from Section 7.3, table 7-3, of Zoning By-law 2019-51:
i) to permit a lot width of 7.4 metres instead of the minimum required 7.5
metres; and
ii) to permit an interior side yard setback of 0.9 metres instead of the minimum
required 1.2 metres
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 147 of 246
to recognize the existing semi-detached dwelling; generally, in accordance with
drawings prepared by Ontario Land Surveyor David J. Raithby, dated June 8, 2023.
BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review Minor Variance Applications to recognize an
existing semi-detached dwelling and facilitate the severance of the lot so that each
half of the semi-detached dwelling may be dealt with independently.
• The key finding of this report is that variances 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
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.
BACKGROUND:
The subject property is located in the Mt. Hope Huron Park area between Margaret
Avenue and St Leger Street. The property is surrounded by low-rise residential uses.
The subject property is identified as `Community Areas' 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)' in Zoning By-law 2019-
051.
In April 2021, the Committee of Adjustment approved Minor Variance Application A2021-
027 to Zoning By-law 85-1 to permit the construction of a semi-detached dwelling on a lot
with the following variances:
A lot width of 14.96 metres, whereas a minimum width of 15 metres is required; and
An easterly side yard setback of 0.94 metres and a westerly side yard setback of 0.91
metres, whereas a minimum setback of 1.2 metres is required.
A building permit for the semi-detached dwelling was issued on April 20, 2022.
Subsequently, in July 2024, the Committee of Adjustment conditionally approved Consent
Application B2024-020 to sever the parcel of land fronting onto Guelph Street, allowing
each half of the semi-detached dwelling to be dealt with separately.
The severed parcel proposed to have a lot width of 7.5 metres, a depth of 40.3
metres, and an area of 302.25 square metres.
The retained parcel proposed to have a lot width of 7.46 metres, a depth of 40.3
metres, and an area of 300.6 square metres.
As of the date of this report, most conditions related to the consent application have been
satisfied, and the building permit is in the inspection process.
Page 148 of 246
ELMWDOD -AVE H :I ■�
I W — l+.lr �� •t.
�°.'': F} 1 f i iiw6V AFf211.1 f
q Z• J/ u.•r y•r;• :r;
e -
�V
� � I
2
NDO�l�� O
�P � Lips P
b
l�, !•rl:5atl� dark
x g�F ct
ip� t3��GN�
Figure 1: Location Map
Following the approval of the above -noted Minor Variance and Consent Applications, it
was determined, as per Figure -3, that both sides of the semi-detached dwelling have:
• A lot width of 7.4 metres, whereas one of the lots was to be 7.5 metres in lot width as
approved by A2021-027 and B2024-020; and
• An easterly side yard setback of 0.92 metres instead of 0.94 metres as approved by
A2021-027 and a westerly side yard setback of 0.93 metres instead of 0.91 metres as
approved by A2021-027.
The purpose of the Application is to recognize a lot width of 7.4 metres for each proposed
lot and a side yard setback of 0.9 meres.
The City's Development and Housing Approvals Division has paid the Minor Variance
Application fees to account for this additional minor variances.
Page 149 of 246
Figure 2: Zoning Map
Page 150 of 246
GUELPH STREET
(WDTH VARIES) (SUMMSM OF LOT 4 GERMAN 01WAHY TRACIj
PIN 22374 — 9002 (Li)
i—xzsaga n --
z+5• 'c w """KD r nw +«
9a,i:R1 mr r vra 30.6M
BMOuj
7AW —tee 1—
S9
g ` LOT 17
MTM EAST CORNEX
0021 (LT) 6,6+.
rr
LOT 17 REGISTERED
UQ
V
4'J5
y
�LLn f'
0.O�E
I� 1
a
—J
rri'
aae
h`
2
H
Z
4 ]P
g
lY
�x
A
7.4" T^ 7.497
.B
Figure 3: Survey drawing of the subject property
Development and Housing Approvals (DHA) staff visited the site on May 02, 2025
Page 151 of 246
Figure 3: An image of the Front View of The Semi-detached Reflecting the proposed
lot width
Figure 4: A Side Image to reflect the side yard setback
Page 152 of 246
Figure 5: A Side Image to reflect the side yard setback
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 subject property is designated Low Rise Residential in the City's Official Plan. This
designation places emphasis on compatibility of building form with respect to massing,
scale and design in order to support the successful integration of different housing types. It
also places emphasis on the relationship of housing to adjacent buildings, streets and
exterior areas. It is the opinion of staff that the requested variances are appropriate and
continue to meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The 7.5 metres lot width intends to ensure adequate space for a semi-detached dwelling
to be constructed and provide adequate street -facing built form presence along the
streetscape. The reduction in lot width to 7.4 metres will be negligible and will not
negatively affect the appearance of the lots.
Page 153 of 246
The 1.2 metre minimum interior side yard setback requirement is intended to provide
sufficient access to the rear yards, ensure adequate separation between buildings for
privacy and maintenance, and to promote proper light, air circulation, and drainage. The
existing interior side yard setback of 0.9 metres will continue to provide reasonable access
to the rear yards and sufficient separation between the dwellings. Staff have no concerns
regarding maintenance access or privacy impacts due to the reduced setback.
Based on the above, staff is of the opinion that the requested variances meet the general
intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variances can be considered minor as it is the opinion of staff that the reduction in lot
width from 7.5 metres to 7.4 metres is almost negligible in the context of the development. The
side yard setbacks continue to accommodate the appropriate rear yard access.
The setbacks of 0.9 metres for the side yards will not present any significant impacts to
adjacent properties and the overall neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variances are desirable and appropriate as they will recognize the semi-
detached dwelling on the whole of the lot and facilitate the severance of the dwelling so that
each half of the semi-detached dwelling can be dealt with independently.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit has
been issued for the new semi-detached dwelling.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns.
Transportation Planning Comments:
No concerns.
Enova Power comments:
The meter base for each unit must be installed at the front of the house. Installation on the
side wall is not permitted due to insufficient clearance.
Page 154 of 246
City staff communicated with Enova Power that the wall is already constructed, and this is
to recognize an existing situation. Enova will follow up and may recommend/request that
the meter be relocated.
The 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 — 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
• DSD -2021-19
• DSD -2024-351
Page 155 of 246
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 156 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 157 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 158 of 246
From:
Pui Ming Leung
To:
Committee of Adiustment (SM)
Subject:
Comments, Enova Power, April 2025
Date:
Monday, May 5, 2025 9:51:20 AM
Attachments:
11111j)d
in
The following are the comments for Committee of Adjustment applications -April 2025.
82 / 84 Brunswick Ave:
Following the property severance, each municipal address must have an individual hydro
service. The meter base for the accessory dwelling unit (ADU) must be located in the same
area as the front units.
573/575 Guelph St:
The meter base for each unit must be installed at the front of the house. Installation on the
side wall is not permitted due to insufficient clearance.
864 King St W:
The building must maintain a minimum clearance of 5.5 meters plus required working space
from the primary hydro pole line. Refer to Standard D11111 for guidance. Additional
requirements can be found in the document:
Tech nical-Guidelines-for-properties-in-Kitchener-and-Wilmot-over-400-Amperes-rev-3-feb-
13-2024. pdf
Reminder for all applications:
Customers must submit a Service Request for any new hydro service connection or upgrade
using the following link:
Service Request Form - Engineering (Victoria Street Office) - Enova Power
Thanks,
Pui Ming Leung (she/her) I Design Technologist
Direct Number: 226-896-2200 (EXT 6205)
Mobile Number: 519-589-2659
puimin_.la eunq(a enovapower.com
301 Victoria Street South, Kitchener, Ontario, N2G 41_2
enovapower.com
UJ
This correspondence is directed in confidence solely to the addressees listed above. It may
Page 159 of 246
contain personal or confidential information and may not otherwise be distributed, copied or
used by the intended recipient. Ifyou are not the intended recipient, please delete the e-mail
and any attachments and notify the sender immediately. Click on the link to read the
additional disclaimer: https:Ilenovapower.com/disclaimer
Page 160 of 246
N
U
LU
J J O Z
a O m
F20o WW U 0° zwp� ~ w d
W LL O w U 2 f Z z W O `J z
25, o=o =w ww 3a 3wzr o
a 0 2 z¢ Z F> x> O H 2 K U Z
Q W H ❑ Z❑ w O H m J y O
_ ~ ~ ~l 3 O
Z W J
O 7 a O O N W 0 0 p W ' K a O r�r^^ J Q
~ 1p y w m W 0 m 0 w U U Q O Y 2 2> v/ U
3ovz ow
o
w O= F 2 Q O W O N y ¢ Q H z O W i W N Z (� N
J LU
O a. 0 N W J W y a Z W 0 0 ❑J F a a 0 N N
w W W O V W J OJ Z OF x O W W W 0 W Q N N w w
ma �� W, m0 vJ40 =O° Oxz FD Z O & O ``'
Q° O w v Q Q LL ? Z m W z z to U Q 0 O Z 8 /
zu yrs w ' wo z Y
y> j m�� fxg2 Ola-~ U U r H0 a W z LU04
CK�W 7yLLJ
CF aQw fU-y Ow �zpf i O O M
g z-< o U w¢ O= LL w w 00
�FEEo _ov� �a ua a n� ozm°n ¢ ¢
0aa(7 ~» mfwn .: �x< h m� Um000 y fail W w
N Z~ z 0 0 N J~ W N a = W Q j° F F Z W Z U (7
O 2ND w°z (°_�o oZm 3<w z yz ,i0os o°O o Z m 3
zo fnOy H (70 r W wo W w fgNUf/)F 7 7 Q 3
Z LLU W ¢w¢O ZNa 00O w 2N W KKOZ �� LNL m N VJ (7
O W S z N ❑ O LL' 0 O U ❑ w F fn w W
LU
m¢�O N F U U m W O tnjf ¢ Q~= N~000 OUz OU w Z Z Y O
r❑wz OOyU zaz wm0 >� UNO ZU(9>Z (J 9 (") Z
'^ Z0LL0 x W W> w W O aN W =W ❑0� O W z0Z N v Q U) W a J_
vJ ¢ W W F 0 j H W ¢ U J W Z ' 0 i- 2¢ ] O 0 a a K (❑ ❑ L) Q LL
Do a.U U U ¢
w 0 7 7 W X 0 0 N 0 z 0 > 0 0 Q a J� f H 2 O°
a 6¢ O 0 J a a 2 ° m W Z= J f9 w ZF- 0 w z O a - N
O o W W J 2 F Z W O H 0 W o J 0 0 a 0¢ O J 0 0 x
z U a w _ z 3 a N U U U> U a N U U N m F 4 O 2 z
Z � N of a �n fo r � ;ry � � 3
T'yQ6/ �i� Wfn W�
S x
a £
s°
Cys l >O n N z rc
�aa
K 6 w O K O a
T pp N
w
3 0 orb'
ISL
cC U
LD f — Q w a z A
m
U w r N N
a U W \ W
a r ¢
a\
N z \
o \
U
Z -
Z W
O - 0
F O
_ a e
e
0
\ NZ \.
\ T
~ / W
U W
N O
z Z
� LL
r
H
O
J
a