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Home My WebLink AboutDSD-2025-345 - A 2025-085 - 236 Guelph StreetStaff 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: Sheryl Rice Menezes, Senior Planning Technician, 519-783-8944 WARD(S) INVOLVED: 10 DATE OF REPORT: August 6, 2025 REPORT NO.: DSD -2025-345 SUBJECT: Minor Variance Application A2025-085 - 236 Guelph Street RECOMMENDATION: That Minor Variance Application A2025-085 for 236 Guelph Street requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 as follows: i) to permit an existing westerly interior side yard setback of 1.1 metres instead of the minimum required 1.2 metres; ii) to permit an existing rear yard setback of 5.7 metres instead of the minimum required 7.5 metres; to facilitate the conversion of a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU)(Attached), a Duplex, to a Single Detached Dwelling with two (2) Additional Dwelling Units (ADU)(Attached), a Triplex, generally in accordance with drawings prepared by GS Engineering Group, dated 12/06/2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the conversion of a Single Detached Dwelling unit with one (1) attached ADU (Duplex) into a Single Detached Dwelling with two (2) attached ADUs (Triplex). • The key finding of this report is that the requested minor variances meet all 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 information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 173 of 303 • This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Guelph Street between Waterloo Street and Weber Street West. 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 Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is for minor variances to permit the conversion of the existing Single Detached Dwelling with one (1) attached ADU into a Single Detached Dwelling with two (2) attached ADUs. There is no external building changes proposed; however, the Zoning By-law only permits the existing use (Duplex) to maintain the existing setbacks. As the owner is wishing to convert the Duplex to a Triplex, the regulations of Section 7.3 (Table 7-2) are applicable. qrX Figure /I 1 - Aerial photo Page 174 of 303 1S Hdiino ................ Figure 2 — Proposed Site Plan Page 175 of 303 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 property is designated `Low Rise Residential'. The intent of the designation is to encourage residential intensification and/or redevelopment which includes additional dwelling units to respond to changing housing needs and as a cost effective means to reduce infrastructure and service costs by minimizing land consumption and making better use of existing community infrastructure. It is staff's opinion that the variances meet the general intent of the Official Plan. Figure 2 - Street view It is noted that a gate and fence are currently located on or adjacent to the proposed 1.1 metre unobstructed walkway and may need to be removed/relocated from the walkway area in accordance with the site plan to allow for the conversion to a triplex. General Intent of the Zoning By-law The intent of the setbacks from side and rear lot lines is to ensure that the building and use(s) in it are an appropriate setback from neighbouring properties and the streetscape. The subject building has existed since approximately 1954. Regarding the left side yard setback of 1.1 metres instead of 1.2 metres, this is a very minimal deficiency of 0.1 metre. Regarding the rear yard setback of 5.7 metres rather than the required 7.5 metres. The 5.7 metre setback is to an existing enclosed foyer which will be the entrance for two units accessed from the rear yard. There are no windows in the foyer. The main building either Page 176 of 303 meets or is close to meeting the minimum 7.5 metre setback. Staff are of the opinion that the variances meet the general intent of the Zoning Bylaw. Is/Are the Effects of the Variance(s) Minor? As noted above, the reduced setbacks are to recognize a 0.1 deficiency in the side yard and to acknowledge an existing foyer with no windows. The impact of the variances on the neighbouring properties can be considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the variances to facilitate the conversion of the existing building from two to three units is desirable and appropriate for the property and will provide a gentle form of intensification which can be considered appropriate for the use of the property and compatible with the surrounding neighbourhood. Environmental Planning Comments: No concerns. Heritage Planning Comments: The property municipally addressed as 236 Guelph Street is located within the Mt. Hope/Breithaupt Neighborhood Cultural Heritage Landscape. 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 application is not anticipated to have an adverse impact on the CHL's heritage attributes. As such, staff have no comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the additional attached ADU's is obtained prior to construction. Please contact the Building Division at building(akitchener.ca with any questions Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Guelph Street. It is expected that all City owned tree assets will be fully protected to City standards throughout demolition and construction as per Chapter 690 of the current Property Maintenance By- law, as required. No revisions to the existing driveway or boulevard apron will be permitted without Forestry approval. 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: Transportation Services have no concerns with this application. Page 177 of 303 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 178 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 179 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 180 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 181 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 182 of 303