HomeMy WebLinkAboutDSD-2022-274 - Additional Dwelling Units (Detached) - Year 1 Review
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: June 13, 2022
SUBMITTED BY: Rosa Bustamante - Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Richard Kelly-Ruetz, Senior Planner, 519-741-2200 ext. 7110
WARD(S) INVOLVED: All Wards
DATE OF REPORT: May 25, 2022
REPORT NO.: DSD-2022-274
SUBJECT: Additional Dwelling Units (Detached) Year 1 Review
RECOMMENDATION:
For Information.
REPORT HIGHLIGHTS:
This report updates Council on an approved 2021 Zoning By-law Amendment which
allowed Additional Dwelling Units (Detached) and Semi-Detached Duplexes.
Between June 2021 and the date of this report, 30 building permits have been issued:
21 for Semi-Detached Duplex units, and 9 for Additional Dwelling Units (Detached). This
report focuses on the latter.
Surveys were sent to applicants and residents to gather feedback. The approvals
process and zoning are generally effective though timing could be quicker. Nearby
residents were somewhat supportive of backyard homes and shared specific impacts.
Staff will continue to monitor the uptake of Additional Dwelling Units (Detached) in
Kitchener including exploring opportunities to simplify zoning and streamline the
approvals process.
BACKGROUND:
In 2021, Council approved a Zoning By-law amendment (DSD-2021-9) which permitted the
following oning By-laws:
1. Additional Dwelling Unit (Detached). Backyard home, tiny house, garden suite, etc.
2. Semi-Detached Duplex. This -detached dwelling adds a
second unit, typically in the basement.
The amendment fully implemented 2019 changes to the Planning Act (Bill 108) which
required municipalities to allow additional dwelling units in single detached, semi-detached,
and street townhouse dwellings. In Kitchener, these uses are now permitted in the applicable
low-rise residential zones of Zoning By-law 85-1 (older zoning) and Zoning By-law 2019-
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
051 (newer zoning). Staff committed to Council to return after 1 year with an update report
on uptake and observations on Additional Dwelling Units; that is the purpose of this report.
REPORT:
As of the date of this report, a total of 30 building permits have been issued since the new
zoning came into effect on June 1, 2022. Specifically:
21 building permits for Semi-Detached Duplex units have been issued. Most were
within existing Semi-Detached Dwellings where a new basement unit was added.
9 building permits for Additional Dwelling Unit (Detached) have been issued.
Around 20 more are in the approvals process.
30 building permits for new semi-detached duplex and additional dwelling (detached) units have
been issued as a direct result of the zoning by-law amendment approved by Council in 2021.
This is a rate of about 1 new unit every 2 weeks.
The remainder of this report will focus on the uptake and observations of Additional Dwelling
Units (Detached), referred to herein constructed since June 2021.
Backyard Homes
The City has a two-step approvals process for backyard homes: (1) Site Plan and (2)
Building Permit. When the site plan is approved, a courtesy letter is mailed to properties
within 30 metres advising them of possible upcoming construction.
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To understand how the process and rules for backyard homes were working for applicants
and surrounding residents, the following questions were asked through a survey that was
sent to all applicants who have applied for a site plan and to all property owners who live
within 30 metres of two completely constructed backyard homes.
How is the site plan application process and zoning regulations perceived by
applicants and staff?
How are backyard homes perceived by surrounding residents?
This report summarizes the feedback obtained through the survey, staff
the process and rules for backyard homes, and next steps.
Applicant Feedback: Site Plans for Backyard Homes (9 responses received)
Two thirds of respondents generally found the site plan submission requirements
changes have already been made.
Nearly all respondents (7 of 9) found the backyard homes webpage to be helpful as
they navigated the approvals process (www.kitchener.ca/backyardhomes).
feedback section, the need for a streamlined was highlighted several times.
Overall, there were mixed views of the site plan application process for backyard
homes. 4 respondents rated it less favourably, and 5 respondents provided a
requirements were noted as additional feedback.
Applicant Feedback: Zoning Requirements for Backyard Homes (9 responses received)
Most applicants were able to meet the 13.1 metre lot width (frontage) requirement.
Several respondents asked that this minimum be reduced as it is not clear why it is
in place. One respondent noted that they limited their property search to only
properties which met the 13.1 metre frontage requirement.
No concerns were raised with the minimum lot area requirement of 395 square
The zoning requires the main house to have a 1.2 metre setback on both sides. Some
commentary was provided questioning why this requirement is in place. Most
respondents did not have an issue with this requirement. 2 respondents noted they
had trouble finding a property which met this requirement.
No issues were raised with the requirement that the backyard home must be setback
0.6 metres from the side and back property lines.
The square footage of the backyard home is limited to 50% of the side of the main
house to a maximum of 80 square metres. Most respondents (6 of 9) had mixed or
negative views on the 50% regulation; where the main house is small, the size of the
backyard home is constrained, even if it is a large lot.
The maximum building height for backyard homes is 4.5 metres measured to the
midpoint of the roof. Feedback on this requirement was mixed, with several
comments noting that some additional flexibility would allow a usable second storey
/ loft space under the Building Code.
Most respondents did not have an issue with the 1.1 metre walkway requirement from
the sidewalk to the backyard home which allows emergency access to the unit. One
Satisfying parking requirements was not an issue for any respondents. One comment
asked that more parking exemptions be provided.
Some concerns were raised that the site plan process considers Building Code
requirements such as spatial separation (the distance between the main house and
the backyard home) at the site plan stage rather than at time of Building Permit. This
is done because the spatial separation calculation can impact the physical location
of the backyard home on the property. Since the site plan application shows the
physical location of the backyard home, it is worth confirming spatial separation
during the site plan stage to avoid site plan revisions at the time of Building Permit.
Resident Feedback: Impact on Neighbourhood (5 responses received)
Most respondents (4 of 5) remembered receiving the courtesy notice when the site
plan was approved and would like to continue receiving the courtesy notice if another
backyard home is approved.
3 out of 5 respondents described the impact of the backyard home on their
The primary concern from respondents is focused on
backyard homes being used as a short-term rental (i.e. an Airbnb) and associated
challenges with the operation of a short-term rental (i.e. property maintenance,
garbage pick-up, traffic, etc.). Staff notes that tenancy and short-term rental units are
not currently regulated by the City of Kitchener.
Some verbatim responses about the neighbourhood impact of backyard homes are:
o
o
o
o -
o housing opportunities in an
ever-growing
Staff Commentary: Year 1
26 site plan applications for backyard homes have been received (~2 per month). 14
of these have been approved and can proceed to Building Permit. To-date, 9 of these
have had building permits issued.
The average approval time for the site plan application is about 10 weeks; excluding
three outliers, the average time is about 7 weeks. There has been a high variance in
the quality of applications submitted, ranging from excellent quality to poor quality.
As a general observation the quality of the original submission is highly correlated
with length of time the approvals process will take. Staff was intentional in not
flexibility for homeowners. In practice, this meant that a wide variety of templates
were submitted (from computer-drawn to hand drawn) resulting in a range of staff
review time. Staff intend to provide example documents to help guide applicants with
the submission of quality drawings.
When a site plan is submitted that does not meet all submission requirements,
applications must be revised and resubmitted before they can move forward. This
has caused several applications to be paused and/or delayed pending revisions.
There are opportunities to scope submission requirements and further assist
applicants with an understanding of the requirements up front to help bridge this gap.
Administratively, the site plan process has facilitated the subsequent building permit
As this is a new process for the City, some requirements changed mid-way through
the year. For example, the Fire department added a new requirement for physical
signage on the property. As these changes happened, initiated by other departments,
it did have some impact on timelines. Staff are confident that the requirements now
in place are the ones that will continue moving forward
A few applicants would have liked to have added an attached garage to their
backyard home. This is challenging without exceeding the maximum floor area rules.
Staff will explore flexibility in the floor area maximums to facilitate a small, attached
garage. Ensuring the overall scale/massing of the unit remains secondary to the main
house would be a key consideration.
Overall, the zoning regulations in place for backyard homes are achievable on most
applications, though some minor variances have been required for rules such as lot
width and setbacks. In the coming years, simplification of zoning regulations is worth
exploring to expedite the application process and provide more design options.
Next Steps
Staff has heard from applicants who responded to the survey that there is a strong desire
more to approving backyard homes. Staff has also observed
that the site plan application process can be administratively challenging, particularly where
applications do not meet submission requirements. Staff will continue to explore
efficiencies in the approvals process for backyard homes.
As site plan applications are approved, a courtesy notice is mailed to property owners within
30 metres of the approved backyard home to advise them of the approval. Depending on
the neighbourhood, between 5 and 20 letters would be mailed. Residents generally seem
process inefficiency as it is an additional step. Staff will continue to monitor.
Overall, the City of Kitchener is still in the early days of permitting backyard homes. Staff
and applicants continue to gain more experience navigating the approvals process. Staff
continue to strive for a streamlined approach, while balancing other factors such as ensuring
the units can be safely accessed by emergency services and confirming that all zoning
requirements are met. Going forward, future refinements to zoning may help facilitate
a quicker approvals process and staff will continue to monitor progress.
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:
This update report
engagement:
T
council / committee meeting.
An online survey was sent by email to each of the 26 applicants who have applied
for a site plan application for a backyard home. Staff received 9 responses.
A mailed letter with a link to an online survey was sent to properties within 30 metres
of the 2 backyard homes whose construction is largely complete to gather feedback
on their perception of the backyard home in their neighbourhood. Several responses
were received which provided input to this report.
PREVIOUS REPORTS/AUTHORITIES:
DSD-2021-9 Zoning By-law Amendment - Additional Dwelling Units
DSD-2021-76 Zoning By-law Amendment Additional Dwelling Units, Parking
Requirements Near LRT Stations
REVIEWED BY: Natalie Goss, Manager, Policy and Research
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS: N/A