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Home My WebLink AboutDSD-2025-259 - A 2025-058 - 175 Hoffman StreetStaff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 17, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Jade McGowan, Student Planner, 519-707-4759 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: June 4, 2025 REPORT NO.: DSD -2025-259 SUBJECT: Minor Variance Application A2025-058 —175 Hoffman Street RECOMMENDATION: That Minor Variance Application A2025-058 for 175 Hoffman Street requesting relief from Section 4.14.2 (b) of Zoning By-law 2019-051, to permit balconies to project 1.5 metres with columns supported by the ground instead of being unsupported by the ground as required, generally in accordance with drawings prepared by Schickler Design, dated April 21, 2025, BE APPROVED, subject to the following condition: That the Owner shall submit an updated Stamp Plan B Site Plan Application or update Site Plan Application SP24/009/H/ES, to the satisfaction of the City's Manager of Site Plans. REPORT HIGHLIGHTS: • The purpose of this report is to review and make a recommendation with respect to a Minor Variance Application to facilitate the construction of balconies in the eastern interior side yard of an existing multiple dwelling at 175 Hoffman Street. • The key finding of this report is that the requested variance meets 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 208 of 297 BACKGROUND: The subject property is located on the south side of Hoffman Street between Southdale Avenue and Kehl Street. The subject lands are adjacent to Queen Elizabeth Public School. WI_ 7 PI 000 Asp :■ 9 40 Figure 1: Location Map The subject property is identified as a `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 Five Zone (RES -5)' in Zoning By-law 2019- 051. The 3 storey multiple dwelling building was recently converted from 8 dwelling units to 14 dwelling units within the interior of the existing building in accordance with Site Plan Application SP24/009/H/ES. As a condition of the Site Plan Application, a minor variance application (A2024-058) was approved August 20th, 2024, permitting a parking requirement of 9 parking spaces (0.64 parking spaces per dwelling unit) instead of the minimum required 14 parking spaces (1.0 parking space per dwelling unit). The purpose of the application is to facilitate the construction of balconies projecting in the eastern interior side yard of an existing multiple dwelling, providing additional amenity space to residents. Section 4.14.2 (b) permits balconies associated with dwelling units to project into any required yard, provided they are not supported by the ground. A minor variance is required to allow the balconies to project into a required yard and be supported by the ground. The proposed balconies project 1.5 metres into the eastern interior side yard, which has an existing setback of 2.9 metre, where a 3.0 metre setback is required. The applicant has stated that structural requirements for cantilevered balconies (not supported by the ground) are not feasible due to structural limitations of the existing building.. Page 209 of 297 W NC. CUM PMP05E0 GALCONIES.ZIL 20104514142 d ADIACEN UNENCLOSED, SUPPOfuEDgN GNGIMB 4a �g a NMSCAPEBAAEAin OrcT 1008 1 � ExrG.IANBscnPMAREA ' I CLASG'A'NCYIE PARKING PLO EER) EXISTING 3 -STOREY MULTIPLE DWELLING b� W UNITS EXISTING, 14 UNITS PROPOSE) REQUIRED M TYAr SETBACK.®lapel G IS CTAGS'B'GficI PARKING. I2HOOPSI t FATG. AETAININGWAIL HPRPSCA SIUEWAL 8 DVT EXTO. CONCAEfE I ----------------------------- b NTIALZONE I EATGCHAINLINNFENCEBMRIMIREE 1.&n H. VISUALBAPAIEFlFENpNG PICNICTI EFOR r OUTBOOR AMENITY 5992dm 1 N 25' 3P P'W 59.926. ADWCM INK NUTML ZONE (QUEEN EU BEIM PMUC SOHO Q uxoscAPED R R R R I^ AMA iT+� RT1t� II9ITT�9 PSITIs� I ° SNOW SFOINGE �TYPf'A'HAPoIIER FAEE I PAflKING SPACE I EEgUTAEB REAA YAM BEIBACI(]50I9� b -PT-0VATE GAMAGEPICK NP I - II � EKTG. CNANLINK FENCE E%TTOIF REL IEDAOE J g TO IF REPIACM I La --------------------------------------- O Figure 2: Proposed Site Plan Figure 3: Street View of Existing Multiple Dwelling A site visit was completed by Staff on May 30th, 2025. Page 210 of 297 T F UlE J TM F FL ,,.n r T 1 T T F R hl1V��am� f-�'1' 6r. Y¢ra imN b 1 � SIT •'¶ T'" -Fc:: L-, R .T rL R4EHE': - E ` x v r. TCP OF CONC. -]4 E E- T ELE P :` .LE = - --------------------------- E iH ELE -71 LLE - - Figure 4: Proposed Elevations & Balcony Projections FJ 11 Page 211 of 297 E TET ::CHEM,, IT LE' E.T- 1 I EU0 P.7 THE 'T - I LI 'E mz El EFE E� T "E + T I' F I- El E :.HE T I' E -TE - E- HE IE - E I E,. - -TE - E- E T E�IE N7- T E IL 1 T F TI E ,TI .1 4LL E E T E E E 7RE4TE a ALL F= TE -.E T E I '. kECh T=.T HE -E E EE -' F EI - T E - 'I HI H T F UlE J TM F FL ,,.n r T 1 T T F R hl1V��am� f-�'1' 6r. Y¢ra imN b 1 � SIT •'¶ T'" -Fc:: L-, R .T rL R4EHE': - E ` x v r. TCP OF CONC. -]4 E E- T ELE P :` .LE = - --------------------------- E iH ELE -71 LLE - - Figure 4: Proposed Elevations & Balcony Projections FJ 11 Page 211 of 297 Figure 5: Eastern Side Yard (location of proposed balconies) Figure 6: Street View of Neighbouring Properties to the East Page 212 of 297 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 Official Plan. The intent of the Low Rise Residential land use designation is to accommodate a full range of low density housing types, including the existing multiple dwelling use. The Low Rise Residential designation encourages the mixing and integrating of different forms of housing to achieve and maintain a low rise built form. Section 15.D.3.4 of the Official Plan also provides direction that additions and/or modifications to existing residential buildings in predominantly low density neighbourhoods should be compatible with and respect the massing, scale, design and physical character of the established neighbourhood and have both appropriate landscaped areas and parking areas provided on site. The requested variance to facilitate the construction of balconies supported by the ground maintains a low-rise form of development and is compatible with the neighbourhood scale and design. Therefore, Planning Staff are of the opinion that the proposed variance maintains the general intent of the Official Plan. General Intent of the Zoning By-law The intent of restricting ground -supported balconies to project into required yards is to maintain open and unobstructed yards, ensure adequate sightlines and separation between buildings and adjacent properties, protect sightlines, and minimize the visual massing of structures. In this case, the existing eastern interior side yard is already limited in size and usability. The proposed balconies are modest in scale and design, with columns that do not create a negative impact and do not create a significant massing effect as per the elevation drawing (Figure 4). The proposed balconies will provide a functional outdoor amenity space that is compatible with the residential character of the neighbourhood, as the nearby multiple dwelling at 165 Hoffman Street also has balconies supported by the ground that appear to project into the western interior side yard (Figure 6). In addition, the privacy concerns will be mitigated as the balconies are oriented towards a driveway, which will create additional buffer on the abutting property to the east. Therefore, Planning Staff are of the opinion that the proposed variance maintains the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposed balconies project 1.5 metres into the required interior side yard and will maintain a setback of 1.3 metres from the side lot line, providing an adequate buffer to minimize impacts on the adjacent property. The proposed balconies will occupy a small portion of the side elevation, which will not create a major impact on the abutting lot. The balconies are supported with small columns that do not create a major obstruction, ensuring that the overall massing and functionality of the side yard remain largely unaffected. Therefore, Planning Staff are of the opinion that the effects of the requested variance are minor in nature. Page 213 of 297 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed balconies will provide additional amenity space for the new units within the existing multiple dwelling. As such, Planning Staff are of the opinion that the requested variance is desirable and appropriate for the development of the lands. Environmental Planning Comments: No comments. Heritage Planning Comments: No comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit has been issued for the interior renovations to the existing apartment building. Engineering Division Comments: No concerns. Parks/Operations Division Comments: Parkland dedication is not required for this application as it has been satisfied though the Site Plan Application Process. Parkland dedication of $22,980.00 was received January 17, 2025. There is an existing City -owned street tree located on Hoffman St that should be protected in place throughout all construction. A Tree Protection and Enhancement Plan (TPEP) and Arborist's Report is required showing tree protection fencing to City standards, please see Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement. A valuation of the existing tree should be included in the Arborist Report. Tree Protection and Enhancement Plans to Forestry's satisfaction will be required outlining complete protection of City assets prior to any demolition or building permits being issued. Transportation Planning Comments: No comments. 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 Page 214 of 297 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 • SP24/009/H/ES • DSD -2024-362 ATTACHMENTS: Attachment A — Proposed Site Plan Attachment B — Proposed Elevations Page 215 of 297 Region of Waterloo June 11, 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 4A 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 June 17, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 — 075 — 96 Wood Street — No Concerns 2) A 2025 — 055 — 89 Matthew Street — No Concerns 3) A 2025 — 056 — 9 Blucher Street — Region Staff have significant concerns regarding the implementation of adequate crash protection measures along the Waterloo Spur. Region Staff require additional time to consider the application, and request the application be deferred. 4) A 2025 — 057 — 386 Wake Robin Cresent — No Concerns 5) A 2025 — 058 — 175 Hoffman Street — No Concerns 6) A 2025 — 059 — 22 Parkglen Street — No Concerns 7) A 2025 — 060 — 181 Borden Aveune North — No Concerns 8) A 2025 — 061 — 181 Borden Aveune North — 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 216 of 297 Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, c71�",_ilUaw Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4976854 Page 217 of 297 June 2, 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 — June 17, 2025 Applications for Minor Variance A 2024-075 96 Wood Street A 2025-055 89 Matthew Street A 2025-057 386 Wake Robin Crescent A 2025-058 175 Hoffman Street A 2025-059 22 Parkglen Street A 2025-060 181 Borden Avenue North A 2025-061 181 Borden Avenue North Applications for Consent B 2025-018 73 Second Avenue B 2025-019 181 Borden Avenue North B 2025-020 181 Borden Avenue North via email 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-q rand 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 218 of 297 From: Farah Farogue To: Committee of Adiustment (SM) Cc: Jenna Auger Subject: Kitchener Jun 17, 2025 Hearing Date: Thursday, May 29, 2025 2:43:38 PM Attachments: imaae001.ona Afternoon Kitchener CofA, Thank you for circulating the June17, 2025, Committee of Adjustments agenda for Kitchener. Please be advised that all properties were found to be outside Metrolinx's designated review zones. As such, we have no comments/concerns with the applications in this agenda. Thankyou, Farah Faroque (she/her) Project Analyst, Adjacent Construction Review Real Estate & Development Metrolinx 20 Bay Street — Suite 600 1 Toronto I Ontario I M5J 2W3 T: 437.900.2291 =X: METROLINX From: mail@sf-notifications.com <mail@sf-notifications.com> Sent: May 23, 2025 10:45 AM To: development.coordinator <development.coordinator@metrolinx.com> Subject: Clerks CoK has shared the folder 'Committee of Adjustment - Applications' with you. XTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe. XPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur fiable, )u que vous ayez I'assurance que Ie contenu provient d'une source sure. Development, Clerks CoK has shared the folder Committee of Adjustment - Applications with you. Page 219 of 297 Message from Clerks Attached are the applications for the City of Kitchener Committee of Adjustment meeting being held on June 17, 2025. Please remember, your email address is your username to log in. If you are unable to log in, select "Forgot my Password". For those who comment regularly, your written report must be sent to CofA@kitchener.ca no later than 12 noon on Monday, June 2, 2025. You will need to download any files in this folder that you would like to retain, as they will be deleted from this program when the applications for the next month are circulated. If you require any further assistance, please email CofA@kitchener.ca. Thank you. Marilyn Mills, Legislated Services Kitchener City Hall Need help? We're here for you. Visit sharefile.com/support and look for "Start chat." I This e-mail is intended only for the person or entity to which it is addressed. If you received Page 220 of 297 this in error, please contact the sender and delete all copies of the e-mail together with any attachments. Page 221 of 297 From: Nembhard, O"Neil (MTO) To: Committee of Adiustment (SM) Subject: RE: Agenda - Committee of Adjustment - Tuesday, June 17, 2025 Date: Friday, June 6, 2025 3:11:13 PM Attachments: imaoe001.ona You don't often get email from o'neil.nembhard@ontario.ca. Learn why this is important Good day, Please see below MTO comments related to the June 17, 2025 Committee of Adjustment Meeting. 1. The Ministry of Transportation (MTO) has no objection to this application. The subject property is located beyond our limits of permit control and therefore MTO review, approval and permits will not be required. o A 2024-075 - 96 Wood Street o A 2025-055 - 89 Matthew Street o A 2025-057 - 386 Wake Robin Crescent o A 2025-059 - 22 Parkglen Street o B 2025-019, B 2025-020, A 2025-060 & A 2025-061 - 181 Borden Avenue North 2. A 2025-058 - SP24/009/H/ES. 175 Hoffman Street - The subject property does fall within MTO permit control area, however based on the modifications to site proposed, MTO permits will not be required. 3. B 2025-018 - 73 Second Avenue- The subject property does fall within MTO permit control area, however, based on the location in a buildup area, MTO review, approval and permits will not be required. Thank you for the opportunity to review and provide comments. Regards, O'Neil Nembhard Corridor Management Planner I Operation West I Operations Division Ministry of Transportation Ontario I Ontario Public Service 548-388-2571 1 o'neil.nembhard C_ontario.ca Ontario 0 Taking pride in strengthening Ontario, its places and its people Please note the Ministry no Ionizer accents Land Develooment review reauests thoueh its email system. All Land Development Review requests to the Ministry must be submitted to the Ministry of Transportation through the Highway Corridor Management Online portal at: https://www.hcros.mto.gov.on.ca/ The Land Development Review module is designed to better serve stakeholders through Page 222 of 297 streamlining all land development planning approvals by the Ministry. From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca> Sent: Friday, May 30, 2025 11:55 AM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca> Subject: Agenda - Committee of Adjustment - Tuesday, June 17, 2025 CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Good morning, The agenda for the June 17, 2025 Committee of Adjustment meeting is now available on our Council/Committee calendar. The combined agenda with reports will be posted to the meeting calendar by noon on Friday, June 13, 2025. Connie Owen Administrative Clerk I Legislated Services I City of Kitchener 519-904-1409 1 TTY 1-866-969-9994 1 connie.owen(cbkitchener.ca Page 223 of 297 From: Pui Ming Leung To: Committee of Adiustment (SM) Subject: COA, Kitchener Date: Tuesday, June 3, 2025 11:37:04 AM Attachments: 11111j)d in Sorry for my late response. I apologize for any inconvenience caused. 90 Wood ST- make sure to have clearance to primary cable on York St according to our standard D11111 (attached here) For all new service or upgrade, please send a request to Enova for hydro connection. Thanks, Pui Ming Leung (she/her) I Design Technologist Direct Number: 226-896-2200 (EXT 6205) Mobile Number: 519-589-2659 puiming. leunaQenovapower.com 301 Victoria Street South, Kitchener, Ontario, N2G 4L2 enovapower.com 121 This correspondence is directed in confidence solely to the addressees listed above. It may 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 notes the sender immediately. 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