HomeMy WebLinkAboutDSD-2022-048 - A 2022-008 - 210 Waterloo Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
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 10
DATE OF REPORT: January 7, 2022
REPORT NO.: DSD-2022-048
SUBJECT: Minor Variance Application A2022-008
210 Waterloo Street
Owner Thomas & Kaitlin Redekopp
Applicant Dale Stewart
RECOMMENDATION:
That application A2022-008 for 2010 Waterloo Street, requesting relief from:
a) Section 5.6A.4 d) to allow a deck exceeding 0.6 metres in height to have a side yard
setback of 0.7 metres, whereas 1.2 metres is required;
b) Section 40.2.2 to allow a side yard setback of 0.6 metres whereas 1.2 metres is
required;
c) Section 6.1.1.1 b) ii) e) to allow a driveway to have a side yard setback of 0 metres
whereas 0.6 metres is required;
to facilitate the construction of a proposed two-storey rear yard addition and deck, be
approved subject to the following conditions:
1. That the owner applies for a building permit prior to construction, to the satisfaction
2. That in light of the treed nature of the property and the proximity of trees in shared
ownership, the owner shall prepare a Tree Preservation Plan for the lands in
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
;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3. That the Owner submit a grading plan and agrees to implement the approved plan, to
the satisfaction of the Director of Planning in consultation with the Director of
Engineering; and
4. That all conditions be completed by January 18, 2023. 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 application
requesting relief from side yard setbacks. This application is to facilitate the construction of a two-
storey, rear yard addition with a new carport, deck, and widened driveway. The applicant is
requesting relief to allow for a deck exceeding 0.6 metres in height to have a side yard setback of
0.6 metres whereas 1.2 metres is required. Relief to allow a dwelling to have a side yard setback of
0.6 metres whereas 1.2 metres is required is also being requested. Finally, the applicant is
requesting to legalize an existing driveway with a side yard setback of 0.0 metres, whereas 0.6
metres is required.
Figure 1: Location Map
BACKGROUND:
The subject property is located on the east side of Waterloo Street, within the Mt. Hope Huron Park
Planning Community. It is also within a Residential Intensification in Establish Neighbourhoods Study
(RIENS) Area (Appendix H of Zoning By-law 85-1). The surrounding area is characterized
predominately by low-density residential uses in the form of single-detached housing and low-rise
multiple dwellings. To the rear of the subject land there is open space land use in the form of Uniroyal
Goodrich Park and the Spur-line trail, as well as employment lands. The subject land is currently
developed with a two-storey, single-detached residential dwelling.
The property is designated as Low Rise Residential a
Major Transit Station Area Map. It is zoned as Residential Six Zone
(R-6)in Zoning By-law 85-1; at present the lot is not subject to Zoning By-law 85-1.
The applicant is proposing to construct a two-storey rear yard addition, along with a new rear deck,
a carport in the side yard and a widened driveway. To facilitate construction, the applicant is
requesting relief to permit reduced side yard setbacks for the deck, carport, and driveway.
City Planning staff conducted a site inspection of the property on January 4, 2022.
Figure 2: Front Elevation View of the Subject Property
Figure 3: Rear Elevation View of Subject Property
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
-Rise Residential land use designation is to permit a
variety of low-density residential uses, including single-detached dwellings. The proposed addition is
an extension of the existing residential use. Regarding additions which require minor variances
specifically, Policy 4.C.1.8 c) encourages such projects to be directed to the rear yard except where it
can be demonstrated that the modification is compatible in scale, massing, design, and character of
adjacent properties and the streetscape. Most of the proposed addition is to be in the rear yard and will
not be visible from the street. The only section of the proposed project which will be visible is the new
carport, which will replace an existing car tent and is more in line with the character of the street.
With respect to the third requested variance concerning driveway setback, the intent of the Official Plan
is to permit appropriate and functional residential properties that do not adversely impact adjacent
properties through the provision of adequate on-site facilities which support residential uses. In this
case, the supporting facility being considered is an adequately sized driveway. The 0.0 metre setback
is an existing condition. Furthermore, appropriate driveway configurations which permit the required 2.6
metre width for adequate ingress and egress are limited due to the narrow shape of the subject lot. It is
anticipated that impact to the adjacent southern property is limited, particularly due to the existence of
a retaining wall on 206 Waterloo Street.
General Intent of the Zoning By-law
The general intent and purpose of the Zoning By-law requiring a 1.2 metre side yard setback is to ensure
access to the rear yard, that there is adequate buffering between buildings, and to provide adequate
space for the owner to maintain their property and dwelling. Access to the rear yard can still be provided
with the reduced side yard setback, particularly as the external side of the carport is open beyond the
necessary structural supports to the ground. This would provide opportunity to transport maintenance
equipment where required. The existing buffering distance between the adjacent dwelling to the north
and the subject dwelling will not change. The buffering distance between the adjacent dwelling to the
south and the proposed addition is sufficient to provide adequate separation. The decreased side yard
setback for the dwelling to permit the construction of a carport will also legalize an existing condition, as
the side yard setback to the north is 0.7 metres. The sawtooth configuration of the existing house and
proposed addition means that this 0.7 metre setback is not consistent, and space is still available for
the placement of AC units (Figure 4). Some consideration to the lots narrow width should be given.
The size, setbacks, and other design standards associated with driveways in Zoning By-law 85-1 are
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 is an existing condition. Further, the narrow shape of the subject property limits appropriate
driveway configurations which would support the standard movement of a vehicle. Impacts to the
adjacent southern property as a result of this requested variance are not anticipated, as the two
properties are partially separated along the driveway by an existing retaining wall on 206 Waterloo
Street.
Figure 4: Section of the Proposed Site Plan, Displaying Sawtooth Configuration
Is the Variance Minor?
The requested variances can be considered minor, being less than a metre difference each from what
is required. Appropriate access to the rear yard, adequate buffering, and safe ingress and egress of
vehicles can still be accommodated without impact to adjacent properties or the surrounding area. As
such, staff is of the opinion that the requested variances are minor in nature.
Is the Variance Appropriate?
The proposed variances are appropriate for the development and use of the land. They will
facilitate the construction of an addition which is an extension of the existing and permitted
use of the property and are not expected to impact the character of the subject property or
the surrounding area as the majority of the proposed project will not be visible from the
street.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to for
the addition to the single detached dwelling is currently under review
Transportation Comments:
Given the existing operation of the driveway, Transportation Services does not have any concerns
with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with the minor variance application.
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and
prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) process. The property municipally addressed as 210 Waterloo Street is
located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will
be consulted as the City considers listing CHLs on the Municipal Heritage Register,
identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific
conservation options.
Engineering Comments:
Engineering has no comments.
Environmental Planning Comments:
any grading, tree removal or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, landscaped area, and
vegetation to be preserved.
Region of Waterloo Comments:
The Region of Waterloo has no concerns with the application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital BudgetThe recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
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
application was mailed to all property owners within 30 metres of the subject property.
CONSULT Planning staff were contacted by neighbours to inquire about what is being proposed
and express some concerns. Concerns included encroachment onto neighbouring properties,
impact to character of the area, grading, and stormwater management. The proposed addition and
carport are entirely within the property boundaries of the subject lot and do not exceed maximum
coverage permitted. Further, as the addition is proposed to be in the rear and not visible to the street
and the carport is in line with the character of the area, there is no impact anticipated to the
streetscape. Concerns about grading and water were passed to the building division as part of their
review of the building permit application. This was communicated to those who contacted the
planning division.
PREVIOUS REPORTS/AUTHORITIES:
Building Permit application 2021 133097 is currently under review.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
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2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street 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:
Sarah Goldrup
CofA@Kitchener.ca
2
January 6, 2022
Sarah Goldrup Via email
Committee Administrator
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: Committee of Adjustment Meeting – January 18, 2022
______________________________________________________________________
Applications for Minor Variance
A 2022-001 85 Green Valley Drive
A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place
A 2022-003 53 Margaret Avenue
A 2022-004 470 Blair Creek Drive
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-008 210 Waterloo Street
A 2022-010 129 Max Becker Drive
A 2022-011 43 Maurice Street
Applications for Consent
B 2022-001 26 Edgewood Drive
B 2022-002 670 Fairway Road South
B 2022-003 74 Rutherford Drive
B 2022-004 to 006 32 Burgetz Avenue
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 jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
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.
From:
To:Committee of Adjustment (SM)
Subject:\[EXTERNAL\] Re: **ACTION REQUIRED - Committee of Adjustment Meeting - Electronic Meeting January 18,
2022
Date:Friday, January 7, 2022 12:44:09 PM
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Good Morning Sarah
Thank you for sending me this information regarding the Hearing for the Virtual meeting of
the Committee of Adjustment for 210 Waterloo Street Kitchener Ontario., which is
scheduled to begin at 10:00 am on January 18th, 2022.
***** Please include me in the virtual meeting Sarah..thank you.******
Sarah, my name is , I live at
and I have studied the blueprints of the 210 Waterloo Street proposal to build.
At present - they have not placed the notice sign where people can see it very well. They have
placed it directly in front of their front porch, partially obscured by snow. The signis white
with blacklettering but the lettering is not heavily defined.It was only a few days ago that I
noticed it. These new neighbors haddrilledlarge anchors into my property by my retaining
wall for their rubber car tent which effectively has blocked my access to the retaining wall and
the drainage bed which keeps my basement from flooding and where my air conditioning unit
is situated. I had explained to these new neighbors that I did not want anything built or placed
on my property including my retaining wall or my part of the driveway which is clearly
defined by the seam separating my side of the driveway from theirside...plain and simple -
was easy to see but was ok with them parking there in the widened area. My air conditioning
unit cannot be accessed at all now unless I hire someone to come and do the climbing to work
in this area. My BIG objection to their proposed "Carport" is the space that they've requested
and the drawings look like the supports for the carport and roofing system will be on my
property and or flowing into the drainage area enclosed by my retaining wall and it looks like
the roof will nearly reach my house wall. I am still in shock at the speed with which this
proposal has come about in the middle of a Covid shutdown. My neighbors on the other side
of 210 Waterloo Street are still reeling from the shock of what this monstrous addition will do
to our respective property values and the complete removal of any privacy therein. It's
important to mention that this entire area is sand based so the impact tremors alone will
require all of us to remove pictures, mirrors etc. from crashing down from the walls.( This
actually happened to me while the Spur Line was being built)
I am hoping that as a homeownerand a loyal taxpayerthat our good committee representatives
will do their best to protect us from the apparent cavalier disregard and ironic detachment that
has presented itself in the actions of these new neighbors.
Respectfully,