HomeMy WebLinkAboutDSD-2022-330 - A 2022-330 - 125 Uplands 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 8
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD-2022-330
SUBJECT: Minor Variance Application A 2022-330 125 Uplands Drive
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-330 for 125 Uplands Drive requesting relief
from Section 37.2 of Zoning By-law 85-1, to permit an interior side yard setback of 1
metre instead of the required 1.2 metres to facilitate the conversion of the existing
carport to an attached garage, generally in accordance with drawings prepared by
Elle3 Design & Interiors Inc., dated May 19, 2022, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-330 for 125 Uplands Drive requesting relief
from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit an interior side yard
setback of 1 metre instead of the required 1.2 metres to facilitate the conversion of the
existing carport to an attached garage, generally in accordance with drawings
prepared by Elle3 Design & Interiors Inc., dated May 19, 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 a minor variance application requesting relief from Section
37.2 of Zoning By-law 85-1 and Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit an
interior side yard setback of 1 metre to facilitate the conversion of the existing carport on the
single detached dwelling to an attached garage.
The key finding of this report is that the requested minor variance meets 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 located on the southerly side of Uplands Drive within the Forest Hill
Neighbourhood, comprised predominantly of low-rise residential and institutional uses.
Location Map 125 Uplands Drive Location of Requested Minor Variance
Photo of Subject Property
on Map 2 Urban Structure and is
on Map 3
Residential Three Zone (R-3ning By-law 85-1
Zone (RES-2019-051, which is currently under appeal.
The purpose of the application is to permit a 1 metre side interior side yard setback to facilitate the
conversion of the existing attached carport into an attached garage rather than the minimum required
1.2 metres for an attached garage.
The applicant intends to convert the existing attached carport into a fully enclosed attached garage,
with the existing roof to remain. A new foundation will be poured,and walls will be built in linewith
the existing posts supporting the roof.
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City Planning staff conducted a site visit on June 29, 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
Urban Structure and is
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 variance is requested. Subsection
specify that any modifications to existing structures are compatible in scale, massing, design, and
character to adjacent properties an
and not create unacceptable adverse impacts for adjacent properties by providing an appropriate
number of parking spaces. Staff are of the opinion that the existing carport siting to the side of
the property is compatible in scale and massing with the adjacent property (121 Uplands Drive) and
that the proposed attached garage and side yard setback is comparable to those of the surrounding
properties and will be a compatible use. The requested variance will not infringe on the exterior areas
of the adjacent properties and will still maintain an appropriate number of parking spaces for the
subject property. The requested variance will not affect the low rise residential streetscape and
therefore maintain the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 1.2 metre side yard setback requirement in both Zoning By-laws 85-1 and 2019-
051 is to ensure adequate separation and privacy between abutting properties and allow for access
to the rear yard. Staff note that the existing carport structure will not be used for habitation and that
there are no windows in the proposed garage elevations on the east façade abutting the adjacent
property; therefore, and adequate level of separation and privacy will be maintained. A deficiency of
0.2 metres is not discernible from the public realm and access to the rear yard will be maintained
through the western side yard and the rear door of the proposed garage. The requested variance
will facilitate the creation of an attached garage, maintaining an appropriate configuration for parking
on the subject property. Staff are of the opinion that the requested variance meets the intent of the
zoning by-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that the effects of the requested variance are minor as the approval of an
existing side yard setback deficiency of 0.2 metres will not be distinguishable and will not have a
significant impact on the adjacent properties or neighbourhood.
Is/Are the Variance Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variance is desirable for the appropriate development and use of the land and building
as the proposed attached garage is consistent with the low rise characteristics of similar structures
in the surrounding neighbourhood. The setback deficiency is located to the side of the subject
property and not discernable from the public realm and will not affect access to the rear yard. As
such, the requested variance is considered desirable in order to facilitate the conversion of the
existing carport to an attached garage.
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 to enclose
the carport 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:
Based on the submitted drawings, the garage would meet the standard width for a garage entrance.
Therefore, 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
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.
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: Site Plan and Survey of 125 Uplands Drive
Attachment 2: Existing Carport and Proposed Attached Garage Renderings
ATTACHMENTS:
Site Plan and Survey of 125 Uplands Drive
Existing Carport and Proposed Attached Garage Renderings
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