HomeMy WebLinkAboutDSD-2021-183 - A 2021-094 - 50 Valleybrook DrREPORT TO:Committee of Adjustment
DATE OF MEETING:September 21, 2021
SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869
PREPARED BY:Vieira, Jessica,Student Planner, 519-741-2200ext. 7074
WARD(S) INVOLVED:Ward 2
DATE OF REPORT: September 10, 2021
REPORT NO.:DSD-2021-183
SUBJECT:Minor Variance Application
50 Valleybrook Dr.
Owner – Milestone Developments Inc.
Applicant – Patrick Haramis, C/O J.D. Barnes Ltd.
RECOMMENDATION:
That application A2021-094for 50 Valleybrook Drive, requesting relief from Section 38.2.1 of
the Zoning By-law to allow a side yardsetback of 1.25 metres rather than the required 1.5
metres, be approved.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of a minor variance to facilitate the construction
of a single detached dwelling with a reduced side yard setback. The westerly side yard setback is
proposed to be 1.25 metres whereas 1.5 metres is required, as the easterly side yard setback is 0.1
metres.
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Figure 1: Location Map
BACKGROUND:
The subject property is located on ValleybrookDrive in the Grand River South Planning Community.
At present the property is vacantand will be undergoing construction to develop a single detached
residential dwelling. The immediate neighbourhood is characterized primarily by residential uses
including a variety of low-density housing forms.
The property is designated as Low Rise Residentialin the City’s Official Planand identified as a
Community Area on the City’s Urban StructureMap.It is zoned as Residential Four Zone (R-4) in
Zoning By-law 85-1 with Special Regulation Provision 597R, which prohibits the use of geothermal
wells on the affected lands. Currently, the property is not subject to Zoning By-law 2019-051.
The applicant is proposing to construct a two storey, single detached residential dwelling on the
subject property. To facilitate the development, the applicant is seeking relief to allow for a westerly
side yard setback of 1.25 metres whereas 1.5 metres is required as the easterly side yard setback
is between 0 and 0.2 metres.
City Planning staff conducted a site inspection of the property on September 3, 2021.
Figure 2: Vacant Lot at 50 Valleybrook Drive
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, as well as the provisions of a range of different housing forms.
The property is presently vacant and proposed to be developed with a two-storey single detached home.
The requested variance to permit a reduced side yard setback is appropriate as the low-density
character of the property and surrounding neighbourhood will be maintained. Therefore, it is the opinion
of staff that the requested variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
In Zoning By-law 85-1, the R-4 zoning requiresa 1.5 metres setback from the side lot line when the
other side yard setback is 0-0.2 meters from the property line to ensure there is adequate access to the
rear yardas well as appropriate separation between adjacent properties. Given the angled configuration
of the lot, the requested variance will still allow for rear yard access. An adequate buffer between the
proposed dwelling on the subject property and the existing dwelling on the adjacent property to the west
is also maintained, particularly as theadjacent property is a corner lot whose rear lot line abuts the
subject property’s side lot line, as depicted in Figure 1. Further, the property adjacent to the east
contains an easement for access and encroachment. As such, staff is satisfied that the required
variance maintains the general intent of the Zoning By-law.
Is the Variance Minor?
The proposed reduction in the side yard setback is minor, being only 0.25 metres less than what is
required by Zoning By-law85-1. As the proposed reduction is negligible it is not anticipated to have any
adverse effect on either the property or adjacent lands.
Is the Variance Appropriate?
The requested variance is not expected to negatively impact any of the adjacent properties or the
surrounding neighbourhood. The proposed dwelling will not negatively impact the present character
of either the subject property or the surrounding area and adequate access and separation between
buildings will be maintained. For these reasons, Planning staff is of the opinion that the variances
are appropriate for the development of the land.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Comments:
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:
No environmental planning concerns.
Region of Waterloo Comments:
The Region has no concerns regarding the proposed 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 signed was placed on the propertyadvising that a
Committee of Adjustment application has been received. The sign advisesinterested 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.
September03, 2021
Kristen Hilborn
City of KitchenerFile No.: D20-20/
200 King Street WestVAR KIT GEN
P.O. Box 1118
Kitchener, ONN2G 4G7(8)VAR KIT/ 16 TO 20 QUEEN STREET NORTH
MOMENTUM DEVELOPMENTS
(11)/28, 120 BULLOCK STREET HOMER
WATSON BUSINESS PARK
(12)/15 KIT/SEC WESTMOUNT AND BLOCK LINE
WINSTON HALL NURSING HOME
Dear Ms. Hilborn:
Re:Committee of Adjustment Applications Meeting September,2021, City of
Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
A 2021-084(Amended)210 Tartan Avenue No Concerns.
A 2021-09221 Nne Pines Road No Concerns.
A 2021-0931248 Ottawa Street South There are no concernstotheminor
variance application inthe existing conditions.However, the applicantsmust be
advisedthata future road dedicationofapproximately1.2mmayberequired from
the above propertyincase of anypotentialfuture development application, to
complywiththe designated road width of30.48m for the Ottawa Street South(RR
#04). At such times in future, the parking spots would have0.8mclearancefrom
theOttawa Street propertyline.
A2021-09450 Valleybrook Drive No Concerns.
A 2021-0951791 Glasgow Street No Concerns.
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6)A 2021-09661 Warren RoadNo Concerns.
7)A 2021-09717-19 Peter StreetNo Concerns.
8)A 2021-09816-20Queen Street NorthNo Concerns.
9)A 2021-099111 Gay CrescentNo Concerns.
10)A 2021-100(Updated) 932 Eaglecrest CourtNo Concerns.
11)A 2021-10120 Pearson Street & 160 Bullock StreetNo Concerns.
12)A 2021-102695 Block Line RoadNo Concerns.
13)A 2021-103 to 104331 & 341 Hesh CrescentNo Concerns.
Please be advised that any development on the lands subject to the Applications noted above
aresubject 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
developmentsprior to the issuance of a building permit. The comments contained in this letter
pertain to the Application numberslistedabove. 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
September 9, 2021
Dianna Saunderson Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Saunderson,
Re:September 21, 2021Committee of Adjustment Meeting
______________________________________________________________________
Applications for Minor Variance
A 2021-084210 Tartan Avenue
A 2021-09221 Nine Pines Road
A 2021-0931248 Ottawa Street South
A 2021-09450 Valleybrook Drive
A 2021-0951791 Glasgow Street
A 2021-09661 Warren Road
A 2021-09717-19 Peter Street
A 2021-09816-20 Queen Street North
A 2021-099111 Gay Crescent
A 2021-100932 Eaglecrest Court
A 2021-10120 Pearson Street & 160 Bullock Street
A 2021-102695 Block Line Road
A 2021-103 to 104331 & 341 Hesh Crescent
Application for Consent
B 2021-043303 Park Street
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
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1
the Grand River Conservation Authority.