HomeMy WebLinkAboutDSD-2022-079 - A 2022-012 - 158 Forest Creek Dr
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Headrick, Madison, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: February 2, 2022
REPORT NO.: DSD-2022-079
SUBJECT: Minor Variance Application A2022-012
158 Forest Creek Drive
Owner Jyothi Dutta and Sriram Bandaru
Applicant Gabriel Otoide
RECOMMENDATION:
That application A2022-012 for 158 Forest Creek Drive, requesting relief from Section 5.6.1.(b)
to permit raised steps within an interior side yard to have a setback of 0.15 metres from the
side lot line instead of the minimum required 0.75 metres, be approved.
REPORT HIGHLIGHTS:
The purpose of this report is to provide a recommendation fora minor variance application which is
requesting a reduction of the minimum side yard setbackfor raised steps inr a side yard. The
reduction of the minimum side yard setback from 0.75 metres to 0.15 metres will facilitate the
renovation of the basement into an additional dwelling unit within the existing dwelling.
Location Map - 158 Forest Creek Drive
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property islocated on the east side of Forest Creek Drive, within the Doon South
Planning Community. The area surrounding the subject property is predominantly low-density
residential uses in the form of single-detached dwellings and street townhouses. The rear property
is currently developed with a two-storey, single-detached residential dwelling.
The property is designated as Low Rise Residential in the City
Residential Four Zone (R-4) in Zoning By-law 85-1.
The applicant is proposing to construct raised stairs, in a side yard, to facilitate a side yard entrance
to a proposed second dwelling unit in the basement. The applicant is requesting relief from the
minimum required side yard setback to allow for the raised steps.
City Planning staff conducted a site inspection of the property on January 25, 2022.
Existing Side Yard 158 Forest Creek 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
The subject property is designated Low Rise Residential in the Official Plan. The intent of this
designation is to permit a variety of low-density residential uses. This property is developed with a
single-detached dwelling, the new side door access is proposed to permit entry to a basement unit for
future duplex use. Single-detached dwellings and duplex uses are permitted in the Low Rise Residential
land use designation. Therefore, the requested variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the zoning regulation requiring a 0.75 metre side yard setback is to ensure adequate
separation between buildings, to provide adequate room to maintain the steps, and to provide access
to the rear yard. The 0.15 metre setback is sufficient to construct and maintain the steps within the
subject property. The landing is 0.86 metres above grade and is proposed to exceed the minimum
requirements of the Ontario Building Code. Planning Staff is of the opinion that the requested minor
variance meets the general intent of the Zoning By-law.
Is the Variance Minor?
The requested variance can be considered minor, as there are no adverse impacts to the adjacent
properties. The opposite side yard will allow for access to the rear yard from the front yard. The steps
and landing are for access only and are not sized or designed to serve as an amenity in the side yard.
Therefore, Planning Staff is of the opinion that the requested variance is minor in nature.
Is the Variance Appropriate?
The proposed reduction from 0.75 metres to 0.15 metres is not expected to negatively impact the
adjacent property nor the surrounding area. The minor variance is desirable and appropriate as it allows
for a private and separate entrance to a new second dwelling unit in the basement of the existing
dwelling. Planning Staff is of the opinion that the requested variance is appropriate.
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to for the
change of use to a duplex is currently under review.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with the minor variance application.
Engineering Comments:
Engineering has no comments.
Environmental Planning Comments:
Environmental Planning has no comments.
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 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:
None.
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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЌАЎЎВ
tğŭĻ Њ ƚŅ Ћ
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