HomeMy WebLinkAboutDSD-2022-335 - A 2022-076 - 95 Patricia Avenue
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: Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 29, 2022
REPORT NO.: DSD-2022-335
SUBJECT: Minor Variance Application A 2022-076
95 Patricia Avenue
Owner: FLH CORP
Applicant: Jason Price
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-076 for 95 Patricia Avenue requesting relief
from Section 6.1.1.1b) i) of Zoning By-law 85-1, to permit the required parking spaces
for a duplex dwelling to be setback 2.8 metres from the street line instead of the
minimum required setback of 6.0 metres, and relief from Section 6.1.1.1b) ii) e) of
Zoning By-law 85-1 to permit a driveway width of 6.5 metres instead of the maximum
permitted driveway width of 6.09 metres (maximum 50% of the total lot width) , BE
APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-076 for 95 Patricia Avenue requesting relief
from Section 5.3.3a) i) of Zoning By-law 2019-051, to permit the required parking
spaces for a duplex dwelling to be setback 2.8 metres from the street line rather than
the required setback of 6.0 metres, and relief from Section 5.4,Table 5-3 of Zoning By-
law 2019-051 to permit a driveway width of 6.5 metres instead of the maximum
permitted driveway width of 4.8 metres (40% of the total lot width), 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 provide recommendations for the approval of Minor Variance
Application A2022-076.
There are no financial implications.
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This report supports the delivery of core services.
BACKGROUND:
The subject property is a corner lot located at the intersection of Highland Road West and Patricia
Ave.
Neighbourhood Node Urban Structure and is
Low Rise Residential
Residential Five Zone (R-5-law 85-1 and is proposed to be
zoned Low Rise Residential Four Zone (RES--law 2019-051, which is currently
under appeal.
The purpose of the application is to create a second parking space for a duplex on the subject
property. Currently there is one legal non-complying parking space located in a carport on the subject
property. This parking space is located 2.9 metres from the exterior side lot line. The applicant would
like to create a second parking space adjacent to the carport. This parking space would also be
located 2.9 metres from the exterior side lot line. In order to accommodate the second parking space
minor variances are required to permit the parking space within 6 metres of the street line and to
permit a wider driveway to accommodate the side by side parking arrangement. The applicant is
intending on maintaining the existing curb cut so as not to impact the existing mature street tree.
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City Planning staff conducted a site visit on June 30, 2022.
Figure 1: Location Map: 95 Patricia Avenue
Figure 2: Front view of 95 Patricia Avenue
Figure 3: Driveway extension
Figure 4: Survey with yellow line to indicate driveway location
Figure 5: Applicant sketch to propose driveway dimensions
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
The subject property is designated Low Rise Residential The intent of this
land use designation is to permit a variety of low-density residential uses. Official Plan Policy 4.C.1.8
specifies criteria that should be considered where a minor variance is requested. S
of relevance to the requested variance and specifies that the variance should be reviewed to ensure
can function appropriately and not create unacceptable adverse impacts for adjacent
properties by providing both an appropriate number of parking spaces and an appropriate
The proposed new parking space will function similar to the
existing parking space and allow for the duplex use of the existing building on the subject property.
The increase in driveway width along this frontage of the property is appropriate and as the street
tree will remain and not be impacted, the streetscape will not be negatively impacted. As the
proposed variances will not create unacceptable adverse impacts for adjacent properties, the
proposed variances will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the zoning regulation requiring a 6-metre setback to a parking space is to ensure a
vehicle can be safely parked on the driveway without affecting the City right-of-way and surrounding
properties. One (1) parking space currently exists in the driveway, under the carport, without any
issues. Staff are of the opinion that the requested variance to allow the second parking, adjacent to
the carport, to be setback 2.8 metres instead of the minimum required 6 metres meets the general
intent of the Zoning By-laws.
The intent of the zoning regulation requiring maximum driveway widths to be 50% and 40% of the
lot is to maintain neighbourhood aesthetics and maintain property softscapes. The subject property
with an existing singular driveway on the exterior side yard having a lot length of 38.5
metres. Staff are of the opinion that the requested variance to allow a driveway width of 6.5 metres
instead of the maximum permitted 6 metres in Zoning By-law 85-1 and 4.8 metres in Zoning By-law
2019-051 meets the general intent of the Zoning By-laws.
Is/Are the Effects of the Variance(s) Minor?
The requested variances are considered minor as the required off-street parking spaces can be
accommodated within the existing driveway, under the carport, and in the extension of the driveway
adjacent to the carport, in a safe manner, without impacting the streetscape
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Planning staff is of the opinion that the proposed variances are desirable and appropriate in that they
will facilitate the widening of the driveway, in its current location, to accommodate two (2)
unobstructed parking spaces, side by side, and recognize/legalize the parking arrangement for the
duplex on the subject property.
Environmental Planning Comments:
No natural heritage or tree management policy concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments: Transportation Services have no concerns with the
proposed 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 This report
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:
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-law 85-1 and 2019-051
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