HomeMy WebLinkAboutDSD-2021-196 - A 2021-106 - 37 Highland Rd. WStaff Report
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REPORT TO: Committee of Adjustment
DATE OF MEETING: October 19, 2021
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SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: October 8, 2021
REPORT NO.: DSD -2021-196
SUBJECT: Minor Variance Application A2021-106
37 Highland Road West
Owner & Applicant — Matthew Kerwin
RECOMMENDATION:
That application A2021-106 for 37 Highland Road West, requesting relief from:
a) Section 5.22 c) of Zoning By-law 85-1 to permit the construction of an Additional
Dwelling Unit (Detached) on a lot with a width of 12.1 metres whereas 13.1 metres is
required; and
b) Section 5.22 i) i) of Zoning By-law 85-1 to permit the construction of an Additional
Dwelling Unit (Detached) on a lot where the primary dwelling has a side yard setback
of 1.007 metres whereas 1.2 metres is required;
be approved subject to the following conditions:
1. That the owner receives approval of Site Plan Application SP21/064/H/TZ.
2. That the owner applies for a building permit prior to construction, to the satisfaction of
the City's Building Division.
3. That due to the treed nature of the property and proximity of trees in shared ownership,
the owner shall prepare a Tree Preservation Plan for the lands in accordance with the
City's Tree Management Policy, to be approved by the City's Director of Planning and
where necessary, implemented prior to any demolition, tree removal, grading or the
issuance of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, building elevation drawings,
landscaped area and vegetation to be removed and/or preserved. The owner further
agrees to implement the approved plan. No changes to the said plan shall be granted
except with the prior approval of the City's Director of Planning.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4. That Conditions 1, 2 and 3, above, shall be completed by October 2022. Any request
for a time extension must be approved in writing by the Director of Planning (or
designate), prior to completion date set out in the decision. Failure to complete the
conditions will result in this approval becoming null and void.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a minor variance to facilitate the
development of a Detached Additional Dwelling Unit (ADU) on a lot with a reduced width and where
the primary dwelling has a reduced side yard setback. The lot is 12.1 metres is width rather than the
required 13.1 metres and the side yard setback is 1.007 metres rather than the required 1.2 metres.
Figure 1: Location Map
BACKGROUND:
The subject property is located on the south side of Highland Road West, within the St. Mary's
Planning Community. At present the property contains a single detached residential dwelling with an
attached rear deck and detached garage. The immediate neighbourhood is characterized
predominately by low density residential uses with some institutional uses, commercial uses, and
open spaces.
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 Structure Map. The property is zoned as Residential Five Zone
(R-5) in Zoning By-law 85-1; the subject is not currently subject to Zoning By-law 2019-051.
The applicant is proposing to construct an ADU in the rear yard of the subject property. A 1.1 metre
walkway, separate and distinct to the existing driveway, will also be constructed leading from the
street to the ADU. To facilitate its construction, the applicant is seeking relief on required lot width
and side yard setback for the primary dwelling. Lots with ADU's are required to have a frontage of
13.1 metres and primary dwellings with side yard setbacks of 1.2 metres. As the walkway is separate
and distinct from the driveway, no relief is required to allow the path to have a 0.0 metre side yard
setback.
City Planning staff conducted a site inspection of the property on October 1, 2021.
Figure 2: Picture Depicting Existing Lot Width
Figure 3: Front Elevation with Side Yard
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, additional dwelling units are a permitted
housing type. Concerning detached ADUs specifically, the Official Plan places emphasis on
compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship
with adjacent buildings, streets, and exterior areas, so that the use may be integrated into its
surrounding with negligible visual impact. The proposed ADU will be located in the rear yard where it
will not be visible from the street front and subordinate in size and scale to surrounding principle
dwellings Compatibility of the final design of the unit will be addressed through the site plan application
which has been submitted and is currently under review. The low-density characteristic of the property
and the surrounding neighbourhood is maintained. Therefore, it is the opinion of staff that the requested
variances are appropriate and meet the general intent of the Official Plan.
General Intent of the Zoning By-law
In considering the first requested variance, the general intent and purpose of the Zoning By-law
requiring 13.1 metres of frontage for a property to qualify for an ADU is to ensure that there is adequate
space to accommodate both dwellings and associated amenity areas, as well as sufficient access. This
number was based on the frontage requirements for a double -wide garage, zoning requirements for
garage to fagade widths, and side yard setback requirements for primary dwellings. The subject
property has an irregular shape, with the rear of the lot being wider than the front width. Further, the lot
area is 680 square metres, which is well above the required 395 square metres, and the 1.1 metre
walkway between the street and the proposed ADU can still be accommodated. The wider rear size
and larger lot area results in adequate space being left to provide for amenity areas for both units on
the property. Appropriate access to the rear can still be provided with the reduced lot width.
Regarding the second requested variance, the general intent and purpose of the Zoning By-law
requiring a 1.2 metre side yard setback of the primary dwelling is to ensure adequate access to the rear
yard and any ADU which may be located there. This figure was derived from discussion with Kitchener
Fire. Kitchener Fire was contacted and provided comments for this minor variance application. The
opposing side of the primary dwelling is 3.79 metres in width, which is more than double what is required
by the Zoning By-law. The opposing side also contains a paved driveway and separate and distinct
walkway 1.1 metre in width. As the opposite side yard set back is of a significant size and paved to
provide a hard surface, emergency services would still have sufficient access to the rear yard.
Staff is of the opinion that the proposed variances meet the general intent and purpose of Zoning By-
law 85-1.
Is the Variance Minor?
The requested variances for a reduced lot width and side yard setback are minor in nature, being only
1.0 metre and 0.19 metre reductions respectively. These variances will not create unacceptably adverse
impacts on the property itself or adjacent uses or lands. The proposed lot width still allows for a
reasonable amount of amenity space while sufficient access can still be provided with the reduced side
yard setback.
Is the Variance Minor and Appropriate?
The requested variances will facilitate the construction of a new, detached ADU, which is
encouraged through policy in the Official Plan and is a permitted use in the Zoning By-law. The
requested variances are not expected to negatively impact any of the adjacent properties or the
surrounding neighbourhood. The character of subject property and surrounding area is also
maintained. Staff will ensure that through the site planning process, all technical matters will be
addressed appropriately and satisfactorily. 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 provided building permit for the
Accessory Dwelling Unit is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
Heritage Planning staff do not have concerns with this application. However, it is noted for
information that the subject property is adjacent to a listed property (43-45 Highland Road West) and
adjacent to the Victoria Park Neighbourhood Cultural Heritage Landscape and the Queens
Boulevard Cultural Heritage Landscape.
Engineering Comments:
There are no engineering concerns.
Environmental Planning Comments:
Tree Management condition applies.
Fire Comments:
The side with the narrow access would not be the side that emergency services would use. A hard
surface all the way to the entrance of the unit from the street is what is required, so it can be
maintained clear of snow in the winter.
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:
A Site Plan application (SP21/064/H/TZ) has been filed for this property and is under review.
Region of Waterloo
October 07, 2021
Kristen Hilborn
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
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PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth 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
File No.: D20-20/
VAR KIT GEN
(5) VAR KIT/ 388 TO 400 KING STREET EAST
MIXED USE DEVELOPMENT
(8) /VAR KIT, 133 WELLINGTON STREET NORTH
1001235 ONTARIO LIMITED
(10,11) /VAR KIT, 75 79 LOUISA STREET
RANDALL MASYK
(14) /VAR KIT 134 WOOLWICH STREET 124
WOOLWICH STREET JAMES & SUE ROBERTS
(15)/52, 300 BRIDGE STREET EAST COLDPOINT
HOLDINGS
Re: Committee of Adjustment Applications Meeting October 19, 2021, City of
Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application
provided the parking spots/vehicles are located within the private property.
Imagery shows that currently the vehicles are being parked just abutting the
sidewalk. The staff note that this property abuts a high traffic Regional road, and
is in close proximity of a high volume Regional road intersection. Therefore, it is
strongly recommended that the City's traffic staff make sure the vehicles can
manoeuvers safely without impacting the road traffic. Also, the owners must be
advised that a dedicated widening of 4.Om approximately would be required on
Document Number: 3844309
Page 1 of 3
any future development application(s) e.g. Site Plan, Consent. At such times in
future, the parking spots would be impacted accordingly.
2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional
house at the back of the property. There are no concerns to this application.
However, the owners are advised that a dedicated widening of 4.Om
approximately would be required on any future development application(s) e.g.
Site Plan, Consent.
3) A 2021-107 — 26-28 Ellen Street West —No concerns.
4) A 2021-108 — 102 Fenwick Court — No Concerns.
5) A 2021-109 — 388 King Street East — No Concerns.
6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However,
staff note that an education institution is considered as a noise sensitive land use
and may have impacts from the environmental noise sources in the vicinity.
7) A 2021-111 — 52 Anvil Street — No Concerns.
8) A 2021-112 — 135 Wellington Street North — No Concerns.
9) A 2021-113 — 1421 Victoria Street North — No Concerns.
10)A 2021-114 — 75 Louisa Street — No Concerns.
11)A 2021-115 — 79 Louisa Street — No Concerns.
12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns.
13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns.
14)A 2021-118 — 134 Woolwich Street — No Concerns.
15)A 2021-119 — 300 Bridge 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
KA
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,
,Z] -�-
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Dianna Saunderson
CofA(o-) Kitchener. ca
3
October 8, 2021
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
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: October 19, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A 2021-105
52 Anvil Street
25 Courtland Avenue East
A 2021-106
135 Wellington Street North
37 Highland Road West
A 2021-107
75 Louisa Street
26-28 Ellen Street West
A 2021-108
79 Louisa Street
102 Fenwick Court
A 2021-109
74 Rutherford Drive
388 King Street East
A 2021-110
125 Seabrook Drive
Application for Consent
B 2021-044
52 Anvil Street
51 Nelson Avenue
B 2021-045
135 Wellington Street North
35 Coral Crescent
B 2021-046
75 Louisa Street
74 Admiral Road
B 2021-047
79 Louisa Street
81 Fifth Avenue
B 2021-048
74 Rutherford Drive
441 East Avenue
B 2021-049
441 East Avenue
Via email only
A 2021-111
52 Anvil Street
A 2021-112
135 Wellington Street North
A 2021-114
75 Louisa Street
A 2021-115
79 Louisa Street
A 2021-116
74 Rutherford Drive
A 2021-117 74 Rutherford Drive
B 2021-050
441 East Avenue
B 2021-051
945 Victoria Street North
B 2021-052
961 Victoria Street North
B 2021-053
75 & 79 Louisa Street
B 2021-054
74 Rutherford Drive
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 aherremana-grand river. 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 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Kristen Hilborn
From:
Sent: Monday, October 4, 2021 1:40 PM
To: Committee of Adjustment (SM)
Subject: [EXTERNAL] Application for 37 Highland Rd W
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: Submission
Good afternoon,
We offer our full support for the application for 37 Highland Rd West to approve the minor variances needed
to allow for the construction of an ADU on the property. We live
and think this is a great use for this property, allowing much needed 'gentle density' in our neighbourhood.
Older neighbourhoods like ours tend to house far less people than they were first built for. Adding an
accessory dwelling unit at this location is one way to help ensure our neighbourhood remains vibrant and
liveable. The property owners have shared their plans for this space and we are excited to see it take shape.
Building Community Together