HomeMy WebLinkAboutDSD-2022-329 - A 2022-073 - 10 Langton Drive
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD-2022-329
SUBJECT: Minor Variance Application A 2022-073 10 Langton Drive
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-073 for 10 Langton Drive requesting relief from
Section 5.6A.4 (d) of Zoning By-law 85-1, to permit a proposed attached covered rear
deck to have a rear yard setback of 3.8 metres instead of the minimum required 7.5
metres generally in accordance with drawings prepared by AFJ Building Design,
Drafting, & 3D Renderings, dated May 30, 2022, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-073 for 10 Langton Drive requesting relief from
Section 4.14.4 (d) of Zoning By-law 2019-051, to permit the proposed attached covered
rear deck to have a rear yard setback of 3.8 metres instead of the minimum required 4
metres for covered, unenclosed decks attached to the principal dwelling, generally in
accordance with drawings prepared by AFJ Building Design, Drafting, & 3D
Renderings, dated May 30, 2022, BE APPROVED subject to the following:
This minor variance shall become effective only at such time as Zoning By-law 2022-
040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c.
P 13, as amended, at such time the variance shall be deemed to have come into force
as of the final date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review and provide a recommendation with respect to a minor
variance application requesting relief from Section 5.6A.4 (d) of Zoning By-law 85-1, to permit
a proposed rear attached covered deck to have a rear yard setback of 3.8 metres instead of the
minimum required 7.5 metres, and from Section 4.14.4 (d) of Zoning By-law 2019-051, to permit
a rear yard setback of 3.8 metres instead of the minimum required 4 metres.
The key finding of this report is that the requested minor variances meet the 4 tests of the
Planning Act.
There are no financial implications.
This report supports the delivery of core services.
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is locatedon the westerly side of Langton Drive, between Jacob Gingrich Drive
and Joseph Schoerg Crescent. The subject property is located within the Pioneer Tower West
neighbourhood, which consists of predominantly low rise residential uses.
Photo of Subject Property
Location of Requested Variances
Location of Proposed Attached Covered Deck
Community Areas Urban Structure and is
Low Rise Residential Plan.
Residential Three Zone (R-3), 244R, 263R, 236U-law 85-1 and
--law 2019-051, which is currently under
appeal.
The purpose of the application is that the applicant is requesting relief from Section 5.6A.4(d) of
Zoning By-law 85-1, to permit a proposed attached covered rear deck to have a rear yard setback
of 3.8 metres instead of the minimum required 7.5 metres, and from Section 4.14.4(d) of Zoning By-
law 2019-051, to permit a rear yard setback of 3.8 metres instead of the minimum required 4 metres.
The applicant intends to build a covered, attached rear deck with a swim spa installed at grade. The
height of the deck is proposed to be exactly 0.6 metres from the foundation to finished grade in
accordance with zoning regulations regarding deck height. The proposed deck is to be structurally
connected to the exterior of the principal dwelling via posts installed in the foundation wall.
th
Planning Staff conducted a site visit on June 27, 2022.
REPORT:
Planning Comments:
In considering the four tests for the 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
Community Areas Urban Structure and is
Low Rise Residential The intent
of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types
while maintaining the low density character of the neighbourhood. Official Plan policy 4.C.1.8 details
criteria that should be considered where a minor varianc
specify that:modifications to existing structures are compatible in scale, massing, design, and
character to adjacent properties and the streetscape; that modifications are sensitive to the exterior
areas of adjacent properties; and that appropriate buffering or screening is provided to mitigate any
adverse impacts, particularly with respect to privacy. The proposed covered deck is a natural
extension of a single detached dwelling, subject to meeting zoning requirements. Planning staff are
of the opinion that with the approval of the minor variances to recognize the setback from the rear
lot line, the intent of the Official Plan will be maintained. Staff are also of the opinion that the siting
of the deck is compatible in scale and massing to the rear abutting property (904 Joseph Schoerg
Place) as there are no dwelling structures directly abutting the rear lot line. The minor variance will
meet the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 7.5 metre rear yard setback requirement in Zoning By-law 85-1 and the 4 metre
rear yard setback requirement in Zoning By-law 2019-051 regarding rear decks, is to maintain both
an adequate level of privacy and separation between abutting properties, and an adequately sized
outdoor amenity space. Staff note that there are no dwelling structures from adjacent properties
directly abutting the rear lot line of the subject property, and that a deficiency of 3.7 metres (By-law
85-1), or of 0.2 metres (By-law 2019-051) will not be discernible to the public or adjacent properties.
The proposed privacy screens lining the sundeck will also ensure privacy between adjacent
properties. Permitting the requested variances will facilitate the construction of a rear deck and swim
spa, which will continue to provide an adequate level of outdoor amenity space. Staff are of the
opinion that the requested variances will not infringe on the privacy of and maintain an adequate
level of separation to the surrounding properties, therefore meeting the intent of the Zoning By-laws.
Are the Effects of the Variances Minor?
Staff are of the opinion that the effects of the requested variances are minor as the approval of a 3.8
metre rear yard setback, instead of a 4 metre required setback, will not be discernable to the public
or by adjacent properties. Staff also note that when Zoning By-law 2019-051 is completely phased
in, the requested variance will become even more minor in nature, reducing the deficiency from 3.7
metres in Zoning By-law 85-1 to 0.2 metres in Zoning By-law 2019-051. The location, massing, and
design, and screening of the proposed rear deck will not have an impact on the adjacent properties
or neighbourhood.
Is/Are the Variances Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances are desirable for the appropriate development and use of the land and
building as the proposed extended amenity area is compatible with the form and scale of the
surrounding properties. The rear setback deficiency is not discernable from the public realm and will
not infringe on the privacy of properties abutting the rear lot line of the subject property. As such, the
requested variances are considered desirable in order to facilitate the construction of a rear attached
deck and swim spa.
Environmental Planning Comments:
No natural heritage or tree management policy concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the rear
yard covered deck is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
No 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 sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
ice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
ATTACHMENTS:
Attachment 1: Survey of Subject Property
Attachment 2: Proposed Canopy and Deck Plan
ATTACHMENTS:
Survey of Subject Property
Proposed Canopy and Deck Plan
June 28, 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 (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT
(5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING
FARMS SUBDIVISONS 30T 91005 30T 02206
(11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH
AND 21 WEBER STREET WEST KIAH GROUP INC.
(12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
(19)/12, STAUFFER WOODS SUBDIVISION 30T 08203
(20)/53 COURTLAND, 165 COURTLAND AVE E AEC
DEVELOPMENTS INC
Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 070 Rosenberg Way & Amand Drive No Concerns.
2) A 2022 - 072 177 Eden Oak Trail No Concerns.
3) A 2022 - 073 10 Langton Drive No Concerns.
4) A 2022 - 074 240 Chapel Street No Concerns.
5) A 2022 - 075 50 Otterbein Road No Concerns.
6) A 2022 - 076 95 Patricia Avenue No Concerns.
7) A 2022 - 077 210 Pioneer Tower Road No Concerns.
8) A 2022 - 078 125 Uplands Drive No Concerns.
9) A 2022 - 079 31 Monterey Road No Concerns.
10) A 2022 - 080 64 Wilhelm Street No Concerns.
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11)A 2022 -081149-151 Ontario Street North & 21 Weber Street WestNo Concerns.
12) A 2022 - 082 544 Bridgeport Road No Concerns.
13) A 2022 - 083 99 Becker Street No Concerns.
14) A 2022 - 084 26 Pony Way (Unit 21) No Concerns.
15) A 2022 - 085 28 Pony Way (Unit 22) No Concerns.
16) A 2022 - 086 30 Pony Way (Unit 23) No Concerns.
17) A 2022 - 087 32 Pony Way (Unit 24) No Concerns.
18) A 2022 - 088 34 Pony Way (Unit 25) No Concerns.
19) A 2022 089-094 3,11,13,21,23 & 29 Shaded Creek Drive No Concerns.
20) A 2022 - 095 165 Courtland avenue East No Concerns.
21) A 2022 - 096 247 Glasgow Street No Concerns.
22) A 2022 - 097 296 Highland Road East No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
July 4, 2022 via email
GRCA File:July 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
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200 King Street West, 6
Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – July 19, 2022
Applications for Minor Variance
A 2022-072 177 Eden Oak Trail
A 2022-073 10 Langton Drive
A 2022-074 240 Chapel Street
A 2022-076 95 Patricia Avenue
A 2022-078 125 Uplands Drive
A 2022-079 31 Monterey Road
A 2022-080 64 Wilhelm Street
A 2022-081 149-151 Ontario Street North & 21 Weber Street West
A 2022-082 544 Bridgeport Road
A 2022-083 99 Becker Street
A 2022-084 26 Pony Way (Unit 21)
A 2022-085 26 Pony Way (Unit 22)
A 2022-086 26 Pony Way (Unit 23)
A 2022-087 26 Pony Way (Unit 24)
A 2022-088 26 Pony Way (Unit 25)
A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive
A 2022-096 247 Glasgow Street
A 2022-097 296 Highland Road East
Applications for Consent
B 2022-039 63 Stanley Avenue
B 2022-040 452 Prospect Avenue
B 2022-041 456 Prospect Avenue
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 above applications. The subject
properties donot 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 me at jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority