HomeMy WebLinkAboutDSD-2022-068 - A 2022-014 - 21-39 Benninger Dr
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: February 4, 2022
REPORT NO.: DSD-2022-068
SUBJECT: Minor Variance Application A2022-014
21-39 Benninger Drive
Owner: Activa Holdings Inc.
Applicant Rachel Wolff, MHBC Planning
RECOMMENDATION:
That application A2022-014 requesting variances to allow an attached garage to have a
maximum width of 78% of the front facade rather than the maximum permitted garage width
of 70% of the front facade, for those townhouse dwelling units proposed to be addressed as
31, 33 and 39 Benninger Drive, be approved.
REPORT HIGHLIGHTS:
The applicant is requesting relief from Section 5.5C.1 of Zoning By-law 85-1 to allow a maximum
garage width of 78% of the front façade rather than the permitted maximum of 70% of the front
façade for the dwelling units municipally addressed as 31, 33 and 39 Benninger Drive. The intent is
for the lots to remain as one property and are not intended to be severed, which is why the
applications are being dealt with together in one application.
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Location Map
BACKGROUND:
The property is designated as Low Rise Residential a
Community Area Map.
The property is zoned as Residential Six Zone (R-6), with Special Regulations 612R, 663R & 665R
in Zoning By-law 85-1.
The applicant is currently in the process of obtaining site plan approval for 10 townhouses,
municipally known as 21-39 Benninger Drive (SP/21/103/B/TS). The garage widths of 31, 33, and
39 Benninger Drive do not meet the 70% maximum garage front façade width percentage of the lot
width, and the applicant is requesting a minor variance to permit the garages at the location to have
a maximum garage width front façade percentage of 78%.
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
The subject property is designated Low Rise Residential with
permits low density forms of housing such as street townhouse dwellings. The proposed variance meets
the intent of the Official Plan which encourages a range of different forms of housing and encourages
a mix of residential uses in residential areas. It is the opinion of staff that the requested variance for
garage width meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum permitted width of 70% is to ensure that an attached
dominate the dwelling and the streetscape. The proposed townhouses incorporate specific design
features such as different architectural forms, different building materials and colours, and windows
to maintain the streetscape aspect of the neighbourhood. Staff is of the opinion that the requested
variances meet the general intent of the Zoning By-law.
Is the Variance Minor?
The variances can be considered minor, as it is the opinion of staff that the increase in garage width
will continue to accommodate an adequate streetscape façade, and the increase of the garage width
only is an increase of a measurement less than a meter. Overall, the garage width increase is only
required for 3 of the 10 townhouse units, and the specific units are the end units of the townhouse
blocks. The end units are larger than the middle units and have adequate landscaping on the side yard
to reduce the impact of the garages. The increase in garage width will not present any significant
impacts to adjacent properties and the overall neighbourhood.
Is the Variance Appropriate?
The variance is appropriate for the development and use of the land. The requested variances should
not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and
height of the new townhouses including the garage facades will not negatively impact the existing
character of the subject property or surrounding neighbourhood and provides different variety in the
streetscape presence.
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City Planning staff conducted a site inspection of the property on January 31, 2022.
Photo of Subject Property
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
townhouses are obtained prior to construction. Please contact the Building Division @
building@kitchener.ca with any questions.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
Environmental Comments:
No environmental planning concerns.
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
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.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Concept Layout 21-39 Benninger Driv
January 27, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) /BLOCK 129 30T 08204 TRUSSLER NORTH
SUBDIVISION
(7) /04 URBAN, 1768 OTTAWA STREET SOUTH
REGION OF WATERLOO PUMP HOUSE
Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 006 49 Lower Mercer Street No Concerns.
2) A 2022 - 011 43 Maurice Street No Concerns.
3) A 2022 - 012 158 Forest Creek Drive No Concerns.
4) A 2022 - 013 41 Moore Avenue No Concerns.
5) A 2022 - 014 21-39 Benninger Drive No Concerns.
6) A 2022 - 015 25 Brock Street No Concerns.
7) A 2022 - 016 1768 Ottawa Street South No Concerns.
8) A 2022 - 017 86 Cedar Street South No Concerns.
9) A 2022 - 018 81 Shanley Street (Severed) No Concerns.
10) A 2022 - 019 81 Shanley Street (Retained) No Concerns.
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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:
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – February 15, 2022
Applications for Minor Variance
A 2022-003 53 Margaret Avenue
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-011 43 Maurice Street
A 2022-012 158 Forest Creek Drive
A 2022-013 41 Moore Avenue
A 2022-014 21-39 Benninger Drive
A 2022-015 25 Brock Street
A 2022-016 1768 Ottawa Street South
A 2022-017 86 Cedar Street South
A 2022-018 81 Shanley Street (Severed)
A 2022-019 81 Shanley Street (Retained)
Applications for Consent
B 2022-007 654 Rockway Drive
B 2022-008 442 Old Chicopee Trail
B 2022-009 114 Doon Valley Drive
B 2022-010 113 Walter Street
B 2022-011 44 Wilhelm Street
B 2022-012 20 Breithaupt Street (Severed)
B 2022-013 20 Breithaupt Street (Retained)
B 2022-014 81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications for
minor variance and consent.
GRCA has no objection to the approval of the applications listedabove. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority