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HomeMy WebLinkAboutDSD-2025-332 - A 2025-075 - 15 Eby Street SouthStaff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 30, 2025 REPORT NO.: DSD -2025-332 SUBJECT: Minor Variance Application A2025-075 —15 Eby Street South RECOMMENDATION: That Minor Variance Application A2025-075 for 15 Eby Street South, requesting relief from Section 6.3.2, Table 6-3, of Zoning By-law 2019-51 to permit: i) a lot width of 13.1 metres instead of the minimum required 15 metres; and ii) a lot area of 225.9 square metres instead of the minimum required 600 square metres to facilitate the conversion of the ground floor Residential Use to a Personal Services Use, in accordance with Conditionally Approved Site Plan Application SPB25/046/AA, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review minor variances to allow the conversion of the ground floor residential use to a personal service use in the existing building on the subject property • The key finding of this report is that the requested minor 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 59 of 303 BACKGROUND: The subject property is located in the city commercial core between King Street East and Charles Street East, to the west of Cedar Street North. It currently contains a Single Detached Dwelling with two Additional Dwelling Units (ADU) (Attached) (Triplex) with a vacant ground floor unit 111 it 706 716�...�a � w X777 j 1270 "9 7i3 Tear -e � Ar,<O 5 a' KING Eas'P Y IV 53 t / f Figure 1: Location Map r 13r N11 \6_ r �17 / Q � �f9. !. AneoSerncsa `t`I © R .29 ip+�g'`�. 'le. :,s zz7Ju aiFfl'R1.....\ San ,fi. 9]-t95 �Gkfs /b1' /tet N= ]9 2fl1 7f 9 253 hBu lRr�a 796 0 27 7n5 \ ^H Z�213 - I65 1 r�- sGR3 51. 2 55 'F 63 \ 25 1 `\ 10 F \ of 7533 27 F 38 al D ..` 9u &f pY V21A g� 9] 1] 99 l 49. 101 - 75 b': 13 216 faY ev rPe V 55 11a2 yb x Figure 2: Zoning Map 916 Page 60 of 303 The subject property is identified as `Protected Major Transit Station Area' on Map 2 — Urban Structure and is designated `Strategic Growth Area C' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `High Rise Growth Zone (Limited) Zone (SGA -3)' in Zoning By-law 2019-051. The purpose of this application is to convert the existing triplex into a mixed-use building by changing the ground floor residential unit into a non-residential "personal service" use. Historically, the building functioned as a mixed-use property with a non-residential use on the ground floor. In 2004, a Zoning Occupancy Certificate and a building permit were issued for a business named Huynh Comtek, allowing retail, office, and repair service uses. In 2014, a building permit was issued to convert the commercial space into a residential unit. This change was later formalized with a Zoning Certificate recognizing the existing triplex in 2022. The current minor variance application is submitted in conjunction with a Stamp Plan B Site Plan Application, which has been `Conditionally Approved' to permit the proposed mixed-use conversion. A Building Permit for the required interior alterations is also in process, and a Demolition Control Application will be submitted to recognize the removal of one residential dwelling unit. The subject property is located within a `Major Transit Station Area (MTSA)' that was recently rezoned as part of a `Strategic Growth Area (SGA)' land use designation. It is zoned `SGA -3', which supports high-density development in mid- and high-rise built forms, permitting heights of up to 25 storeys. The `SGA -3' Zone allows for a broad mix of residential and non-residential uses. The property currently contains a 2 -storey building, which is consistent with the existing built form of most properties in the surrounding neighbourhood. The Zoning By-law recognizes this existing context. Section 6.5.1(a) refers to multiple dwellings and mixed- use buildings up to 4 storeys in height and directs to the regulations under Section 6.3.2, applicable to the `SGA -1' Zone. While the `SGA -1' regulations recognize existing buildings and structures, they also require that converted buildings meet specific performance standards, including minimum lot width, minimum lot area, parking requirements (such as restrictions on parking in front and exterior side yards), and limitations on non-residential gross floor area. Based on a review of these standards, staff have determined that the existing lot width and lot area do not comply with the minimum requirements. To accommodate the conversion of the ground floor dwelling unit into a Personal Services Use (mixed used building), relief from the Zoning By-law is required for the following variances: • A lot width of 13.1 metres instead of the required 15 metres. • A lot area of 225.9 square metres instead of the required 600 square metres. Page 61 of 303 The Stamp Plan B Site Plan Application received `Conditional Approval' with only one condition related to obtaining Minor variance approval. TYfiI PAR ,.5e MIN t3 T PROVIE STALL , 15ul"b* = r 045 5P Sff E STATISTICS LoeMr9G58 LaA�aUPO -4*Afftd%F .I- Rhk Vfal ra�n�dafr� PaYq�.Y�Yn•�� 2.Yne69� I IATj REWUM 4"WfUFb2 Yrts'i'Al sw.0 COMERC[a1 hACi Fk*A, Wgym_ 7E:P:p MH 31 WA PURID fxWiFTE OR -W. Fd:'.V.Fk SITE PLAN ANUCATIQN No. 8MV04 1E SITE PLAN5: 5 1� PLAN 364 FIT LOT 12 HET THI PHAN, PHUNG VAN HUYNH; K&EtM City of Kitchener 15 Eby tEdsouth CCU LfeNM )EURUMFSER ESCEasa7wM Figure 3: Conditionally Approved Site Plan Staff visited the site on July 31, 2025 San -ke; W46EP rc Page 62 of 303 Figure 4: Front face of the subject property Figure 5:The South Side of the Subject property showing the Existing Driveway Page 63 of 303 Figure 6: The North side of the property with the abutting lot 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 official plan has some policies related to the Strategic Growth Area, policy 15.D.2.4. states that The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be planned for continued commercial viability and all other land use designations allowing commercial development will have regard for and in no way compromise this planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. In addition, policy 15.D.2.5. discusses if an application is seeking relief from the implementing zoning through a minor variance(s) or amendment to the Zoning By-law, and/or seek to amend this Plan will consider the following factors: a) Compatibility with the planned function of the subject lands and adjacent lands; b) Suitability of the lot for the proposed use and/or built form; c) Lot area and consolidation as further outlined in Policy 3.C.2.11; d) Compliance with the City's Urban Design Manual and Policy 11.C.1.34; e) Cultural heritage resources, including Policy 15.D.2.8; and, Page 64 of 303 f) Technical considerations and other contextual or site specific factors This proposal recognizes an existing building on an existing lot that will have a non- residential unit on the ground floor, which will provide the commercial viability and development. Besides, the proposal is compatible with the surrounding built form of the neighbourhood as many of the buildings on that street have a non-residential use on the ground floor. Accordingly, it is staff's opinion that the requested variances will meet the general intent of the Official Plan. Figure 7: An image of Eby Street South from King Street East Figure 8: An image of Eby Street South from Charles Street East Page 65 of 303 General Intent of the Zoning By-law The intent of Zoning By-law's minimum lot width (15 metres) and minimum lot area (600 square metres) requirements for mixed-use buildings is to ensure that properties proposed for intensification can accommodate the functional needs of both residential and non- residential uses. These standards support development by ensuring sufficient space for building massing, on-site parking/ bicycle parking, landscaping, service areas, and overall compatibility with adjacent uses. In this case, the subject property has an existing lot width of 13.1 metres and a lot area of 225.9 square metres. While these dimensions do not meet the minimum requirements, the proposed mixed-use conversion is within an existing 2 -storey building that is compatible in scale and built form with the surrounding existing neighbourhood. The building was previously used for both residential and non-residential purposes and is well integrated into the existing urban fabric. No new construction is proposed that would increase site intensity or impact adjacent properties. There are no parking requirements except for bicycle parking which can be met on site. Accordingly, the variances will meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Given that the proposal maintains the existing structure and does not increase site constraints, staff consider the reduced lot width and area to be minor and appropriate in this context. The variances facilitate a modest adaptive reuse of the property that aligns with the Strategic Growth Area objectives by supporting mixed-use intensification near a Major Transit Station Area, while respecting the existing built form. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are desirable and appropriate as they will support the adaptive reuse of an existing 2 -storey building to accommodate a modest mixed-use function that aligns with the City's vision for Strategic Growth Areas and Major Transit Station Areas, which encourage a mix of uses and higher densities in transit -supportive locations. Environmental Planning Comments: No concerns as there are no natural heritage features on the site, no trees, no site development and the variance is for use only. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the interior alterations to facilitate a mixed-use building. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns. Page 66 of 303 Transportation Planning 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 Page 67 of 303 Region of Waterloo August 5th, 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 68 of 303 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. 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: 5041192 Page 69 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 70 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 71 of 303