HomeMy WebLinkAboutDSD-2021-138 - A 2021-064 - 34 Uxbridge CresREPORT TO:Committee of Adjustment
DATE OF MEETING:July 20, 2021
SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869
PREPARED BY:Vieira, Jessica,Student Planner,519-741-2200ext. 7074
WARD(S) INVOLVED:Ward6
DATE OF REPORT:July 9, 2021
REPORT NO.:DSD-2021-138
SUBJECT:Minor Variance Application A2021-064
34 Uxbridge Crescent
Owner –Justin Mosterd and Melanie Luyten
Applicant –Iain Kent, C/O Eagleview Construction
RECOMMENDATION:
That application A2021-064requesting permission to allow a new attached garage with rear
covered patio havingaside-yard setback of 0.6 metres whereas1.2metresis required, and
the driveway retain its existing side-yard setbackof 0.0metres where 0.6 metres is required,
beapproved.
REPORT HIGHLIGHTS:
Theapplication is requesting relief from Section 38.2.1 of Zoning By-law 85-1 to facilitate the
construction of a new attached garage with a covered patio to the rear of it. A side-yard setback of
0.6 metres rather than the required 1.2 metres is being sought.
Further relief from Section 6.1.1.1 b) of Zoning By-law 85-1 is requested as the drivewaypresently
has a side yard setback of 0.0 metres, whereas 0.6 metres is required. The applicant wishes to retain
this existing condition.
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Figure 1: Location Map
BACKGROUND:
The property is designated as Low-Rise Residential in the City’s Official Plan and identified as a
Community Area on the City’s Urban StructureMap.
The property is zoned as Residential Zone Four (R-4) in Zoning By-law 85-1.
REPORT:
Planning Comments:
In considering the four tests for 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
In the City’s Official Plan, the intent of the Low-Rise Residential land use designation is to permit a
variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of
built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent
buildings, streets, and exterior areas. The property is presently developed with a one-storey, single
detached residential dwelling. The proposed construction of an attached garage and rear covered patio
are appropriate uses on residential properties and will not significantly change the existing massing,
height, or other design characteristics of the dwelling.
With respect to the second requested variance, the intent of the Official Plan is to supportappropriate
and functional residential properties in a manner that does not adversely impact adjacent properties by
providing adequateon-site facilities to support residential uses. In this case, the supporting facility being
considered is an adequatelysized driveway. The 0.0 metre setback is an existing condition and does
not create unacceptable conditions for the adjacent property.
Due to the above reasons, planning staff is of the opinion that the requested variances are appropriate
and meet the general intent of the City’s Official Plan.
General Intent of the Zoning By-law
The intent of the 1.2 metre side yard setback is to ensure that there is adequate space provided to
access the rear of a property. The 0.6 metre setbackthat is to result fromthe proposed garagewill still
permit an appropriate means of entry.
The size, setbacks,and other design standards associated with driveways in Zoning By-law 85-1are
intended to support off-street parking facilities with adequate means of ingress and egress that do not
interfere with neither surrounding properties or the normal public use of a street or lane. The 0.0 metre
setback for the driveway is an existing condition that does not adversely impact either the adjacent
property or the use of the street.
Therefore, staff is of the opinion that the reduction in side yard setbacks being requested meets the
general intent of the zoning by-law.
Is the Variance Minor?
The proposed variances are minor in nature, with each being only a 0.6 metre difference. Staff is of the
opinion that the requested reductions in setbacks will allow for the construction of a new garage and
rear covered patio that is compatible with the existing uses of the property and will not negatively impact
any of the adjacent properties or surrounding neighbourhood. Appropriate rear and side yard access
continue to be accommodated.
Is the Variance Appropriate?
The variance is appropriate for the development and use of the land. The request variances are not
expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed
scale, massing, and height of the garage and rear patio are compatible with the existing dwellingon
the property and will not negatively impact the present character of either the subject property or the
surrounding area. The second variance will allow existing conditions to be maintained.
City Planning staff conducted a site inspection of the property onJuly 8, 2021.
Figure 2: Front of SubjectDwelling andProperty
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
addition to the single detached dwelling is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Transportation Comments:
Given that this is an existing condition and there will a space for a vehicle within the proposed garage,
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
There are no heritage planning concerns associated with the application.
Engineering Comments:
Engineering has no concerns with the proposed application
Environmental Planning Comments:
There are no environmental planning concerns associated with the application.
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
Committeeof Adjustmentmeeting.A notice sign was placed on the propertyadvising 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:
There are no previous reports/authoritiesrelated to this matter.
June 29, 2021
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE
Kitchener, ON N2G 4G7 DEVELOPMENT CORP
(15)/28, 120 BULLOCK STREET HOMER WATSON
BUSINESS PARK
(17,18)/VAR KIT, 102 WATERLOO STREET 2820580
ONTARIO INCORPORATED
Dear Ms. Hilborn:
Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2021-061 29 Floral Crescent No Concerns.
2) A 2021-062 316 Quaiser Court No Concerns.
3) A 2021-063 48 Martin Street No Concerns.
4) A 2021-064 34 Uxbridge Crescent No Concerns.
5) A 2021-065 117 Golden Meadow Crescent No Concerns.
6) A 2021-066 195 Yellow Birch Drive No Concerns.
7) A 2021-067 806 Belmont Avenue West No Concerns.
8) A 2021-068 71 Massey Avenue No Concerns.
9) A 2021-069 926 & 936 King Street East No Concerns.
10) A 2021-070 124 Walker Street No Concerns.
11) A 2021-071 19 Anson Court No Concerns.
12) A 2021-072 53 Plaza Court No Concerns.
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13)A 2021-073538 Victoria Street SouthNo Concerns.
14) A 2021-074 42 Florence Avenue No Concerns.
15) A 2021-075 10 Pearson Street No Concerns.
16) A 2021-076 61 Strange Street No Concerns.
17) A 2021-077 102 Waterloo Street (Retained) No Concerns.
18) A 2021-078 102 Waterloo Street (Severed) No Concerns.
19) A 2021-079 1170 King Street East No Concerns.
20) A 2021-080 815 & 825 King Street East No Concerns.
Please be advised that any development on the lands subject to the Applications noted above
are subject to the provisions of the Regional Development Charge By-law 14-046 or any
successor thereof and may require the 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 above. If a site is subject to more than one application,
additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Dianna Saunderson
CofA@Kitchener.ca
2
July 9, 2021
Dianna Saunderson Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Saunderson,
Re: July 20, 2021 Committee of Adjustment Meeting
______________________________________________________________________
Applications for Minor Variance
A 2021-052 74 Chestnut Street
A 2021-061 29 Floral Crescent
A 2021-062 316 Quaiser Court
A 2021-063 48 Martin Street
A 2021-064 34 Uxbridge Crescent
A 2021-065 117 Golden Meadow Crescent
A 2021-066 195 Yellow Birch Drive
A 2021-067 806 Belmont Avenue West
A 2021-068 71 Massey Avenue
A 2021-069 926 & 936 King Street East
A 2021-070 124 Walter Street
A 2021-071 19 Anson Court
A 2021-072 53 Plaza Court
A 2021-073 538 Victoria Street South
A 2021-074 42 Florence Avenue
A 2021-075 10 Pearson Street
A 2021-076 61 Strange Street
A 2021-077 102 Waterloo Street
A 2021-078 102 Waterloo Street
A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East
Applications for Consent
B 2021-036 301 Thaler Avenue
B 2021-037 362 Lancaster Street West
B 2021-038 257 Dumfries Avenue
B 2021-039 102 Waterloo Street
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 2
the Grand River Conservation Authority.
Applications for Consent (Continued)
B2021-0401170 King Street East, 815 & 825 Weber Street East
B2021-0411170 King Street East, 815 & 825 Weber Street East
The above-noted applications are located outside the Grand River Conservation Authority
areas of interest. As such, we will not undertake a review of the applications and plan
review fees will not be required. If you have any questions or require additional information,
please contact me at 519-621-2763 ext. 2228 or aherreman@grandriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority