HomeMy WebLinkAboutDSD-2021-215 - A 2021-124 - 184 Lakeside DriveStaff Report
Dbvelo n7ent Services Department
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 16, 2021
www. kitchener ca
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 8
DATE OF REPORT: November 5, 2021
REPORT NO.: DSD -2021-215
SUBJECT: Minor Variance Application A2021-124
184 Lakeside Drive
Owner & Applicant: Asher Dreise & Marybeth Dreise
RECOMMENDATION:
That application A2021-124 for 184 Lakeside Drive, requesting relief from Section 6.1.1.1 b) i)
of Zoning By-law 85-1 to allow for a required parking space to be located 0.0 metres from the
street line whereas 6.0 metres is required, be approved subject to the following conditions:
1. That the owner applies for a Zoning (Occupancy) Certificate from the Planning
division;
2. That the owner applies for a building permit prior to construction, to the satisfaction
of the City's Building Division;
3. That the owner submits elevation drawings and agrees to implement the approved
plans, to the satisfaction of the Director of Planning; and
4. That conditions 1-3 be completed by November 16, 2022. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate) prior to the completion date set out in this 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
conversion of an existing garage into an office for a home operation. With the proposed conversion,
a required parking space will no longer be within the garage but on the driveway. The application is
requesting that the first required parking space for the property be 0.0 metres from the street line
whereas 6.0 metres is required.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map
BACKGROUND:
The subject property is located on the northern side of Lakeside Drive, in the Meinzinger Park -
Lakeside Planning Community. Immediately adjacent to the east and west of the subject property
are single -detached residential dwellings, while directly adjacent to the north is Lakeside Park. The
surrounding neighbourhood is characterized predominately by low-density residential dwellings and
some open space which contain natural features, including slope valleys. At present the subject lot
contains a single -detached residential dwelling and two small detached accessory structures in the
rear yard.
A rear portion of the subject lands contains the regulated allowance adjacent to slope valley and
erosion hazard associated with a tributary of Shoemaker Creek. As such this portion of the land is
regulated by the Grand River Conservation Authority (GRCA) under Ontario Regulation 150/06 —
Development, Interference with Wetlands and Alterations to Shorelines and Watercourse
Regulation. There are no anticipated impacts to this regulated area due to the proposed application.
GRCA provided comments which are outlined below.
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 Three
Zone (R-3) in Zoning By-law 85-1; the lot is not currently subject to Zoning By-law 2019-051.
The applicant is proposing to convert the existing attached garage into an office for a home
occupation. As such, the first required parking space which is currently located within the garage is
proposed to move to the driveway. To facilitate this change, the applicant is seeking relief to permit
the first required parking space to have a setback of 0.0 metres from the street line, whereas 6.0
metres is required. The second required parking space will located beside the first one.
It should be noted that there are minimal external physical changes associated with the proposed
application. The applicant is proposing to replace the existing garage door with a large window and
replace some of the existing paving of the driveway with landscaping (Figure 2). There are no other
external changes proposed with this application.
f .TMs
Proposing a large wincTow. Filled in below with either black siding or carrying
existing stone facade across to bottom of the window. Additionally, cutting bat�
pavement and filling in with garden to hide any odd appearance of being prewgt
a garage door-
A9
oor.
Figure 2: Visualiztion of the Proposed Window to Replace the Existing Garage Door
City Planning staff conducted a site inspection of the property on October 29, 2021.
Figure 3: Elevation of the Subject Property's Garage and Driveway
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. The property is presently developed with a one -storey, single
detached residential dwelling and two detached accessory structures in the rear yard. This is a permitted
use. Complimentary non-residential uses — such as the proposed home occupation — which serve the
needs of residents, support the development of complete communities, and do not result in the loss of
existing residential units are also permitted. Within the Low -Rise Residential land use designation,
emphasis is placed on built form being compatible with and respecting the massing, scale, design, and
physical character of the adjacent properties and establish neighbourhood. There are no major physical
external changes being proposed and the existing massing, height, and other design characteristics of
the property will remain the same. Further, the applicant has indicated their intention to replace the
garage door with a window and improve the landscaped area of the subject lot to achieve a seamless
transit in use. 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
The general intent and purpose of the 6.0 metre required setback from a street line is to allow for a
vehicle to be safely parking on a driveway without affecting the City right-of-way or surrounding
properties. With the proposed reduction in setback, the first required parking space would still be
contained to the applicant's driveway. The driveways of the adjacent properties are of a sufficient
distance from the subject properties driveway that visibility is not obstructed. The current driveway is
double wide and could comfortably fit the two required parking spaces side by side. Further, short term
parking is available on the street to accommodate clients. No negative impacts to neighbouring
properties are anticipated due to the requested variance. As such, staff is of the opinion that the intent
of the Zoning By-law continues to be maintained.
Is the Variance Minor?
The requested variance is minor in nature, as it is not expected to create unacceptably adverse impacts
on the subject property itself or on adjacent lands. The proposed reduction in setback from the street
line for the first required parking space will still allow vehicles safe ingress and egress without impacting
the City right-of-way or the surrounding properties and neighbourhoods. Further, there will be minimal
visual impact from the proposed variance.
Is the Variance Appropriate?
The requested variance will facilitate the establishment of a home office while the residential use of
the property will remain the primary use. As such the variance is appropriate for the development
and use of the land. There are no anticipated negative impacts to the adjacent properties or the
surrounding neighbourhood. The safe operation of vehicles continues to be supported and the
physical characteristics of the subject property and surrounding area will be maintained.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for renovation
to the garage is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Comments:
Given that the width of the driveway is enough to support two (2) parking spaces, as well as
sufficient short-term, on -street parking to support clients, Transportation Services does not have
any concerns with the proposed application.
Heritage Comments:
There are no heritage planning concerns associated with this application.
Engineering Comments:
There are no engineering concerns.
Environmental Planning Comments:
There are no natural heritage or tree management policy issues associated with this application.
Region of Waterloo Comments:
The Region of Waterloo has no concerns with this application.
Grand River Conservation Authority Comments:
The Grand River Conservation Authority (GRCA) has no objections to this minor variance
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
Committee of Adjustment meeting. A notice signed 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.
CONSULT — Planning Staff were contacted by residents of the surrounding community who were
inquiring about the nature of the application and if there would be resultant changes to the
surrounding streetscape. Clarification on what was being requested within this application was
provided and concerns were appropriately addressed. There was no indicated provided to staff that
there were outstanding issues which needed to be addressed.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Region of Waterloo
November 01, 2021
Kristen Hilborn
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
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) /15 KING KIT 741 KING STREET WEST HIP
DEVELOPMENT
(8) /08 WEBER KIT, 1333 WEBER STREET EAST
PAMATA HOSPITALITY INCORPORATED
Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns.
2) A 2021-122 — 256 Belmont Avenue West — No Concerns.
3) A 2021-123 — 449 East Avenue — No Concerns.
4) A 2021-124 — 184 Lakeside Drive —No concerns.
5) A 2021-125 — 741 King Street West — No Concerns.
6) A 2021-126 — 59 Frey Crescent — No Concerns.
7) A 2021-127 — 1084 Union Street — No Concerns.
8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review &
approval of the revised TIS/TDM measures by the Regional staff, prior to approval
of the revision to the original Site Plan.
9) A 2021-129 — 106 Belleview Avenue — No Concerns.
Document Number: 3863581
Page 1 of 2
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(a)Kitchener. ca
KA
atrd Rp,@�
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
n w
�- Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
0
tion
PLAN
PLAN REVIEW REPORT: City of Kitchener
Sarah Goldrup
DATE: October 29, 2021 YOUR FILE: A2021-124
GRCA FILE: A2021-124 — 184 Lakeside Drive
RE: Application for Minor Variance A2021-124
184 Lakeside Drive, City of Kitchener
Marybeth & Asher Dreise
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted
minor variance application.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject property
contains the regulated allowance adjacent to slope valley and erosion hazard
associated with a tributary of Shoemaker Creek. A copy of our resource mapping is
attached.
2. Legislative/Policy Requirements and Implications:
It is our understanding that the applicant is requesting a reduced parking space
setback from the street line to facilitate a new home business within the existing
attached garage. GRCA staff have no objections to the intent of the application and
we do not anticipate any impacts to the adjacent features as a result of this
application.
Due to the features noted above, a portion of the property is regulated by the GRCA
under Ontario Regulation 150/06 — Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation.
Any future development within the regulated area on the subject lands will require
the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit
process involves the submission of a permit application to this office, the review of
NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-124 - Pagel of 2
184 Lakeside Drive\A2021-124 - 184 Lakeside Drive.docx
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
the application by Authority staff and the subsequent approval/refusal of the permit
application by the GRCA.
3. Plan Review Fees:
This application is considered a `minor' minor variance and in accordance with the
GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280.00. The
applicant will be invoiced in the amount of $280.00 under separate cover.
Should you have any questions or require further information, please do not hesitate to
contact me at 519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
cc: Asher Dreise (via email only)
N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-124 - Page 2 of 2
184 Lakeside Drive\A2021-124 - 184 Lakeside Drive.docx
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