HomeMy WebLinkAboutDSD-2022-336 - A 2022-079 - 31 Monterey RoadStaff Report
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: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD -2022-336
SUBJECT: Minor Variance Application A 2022-079 - 31 Monterey Road
Owner: Miriam and Sean Browne
Applicant: Carole Boucher
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-079 for 31 Monterey Road requesting relief
from Section 6.1.1 b) i) of Zoning By-law 85-1, to permit the required off-street parking
space to be located 3.2 metres from the street line instead of the required 6 metres, to
facilitate the partial conversion of the existing attached garage into a personal home
office, for the exclusive use of the resident, generally in accordance with drawing
prepared by Carole Boucher Architect, dated June 1, 2022 (attached to Report DSD -
2022 -336, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-079 for 31 Monterey Road requesting relief
from Section 5.33 a) i) of Zoning By-law 2019-051, to permit the required off-street
parking space to be located 3.2 metres from the street line instead of the required 6
metres, to facilitate the partial conversion of the existing attached garage into a
personal home office, for the exclusive use of the resident, generally in accordance
with drawing prepared by Carole Boucher Architect, dated June 1, 2022 (attached to
Report DSD -2022-336), 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 recommend approval of a minor variance to facilitate the partial
conversion of the existing attached garage into a personal home office by use of the resident,
with an off-street parking setback of 3.2 metres from the street line.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 132 of 276
• 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.
• Community engagement included circulation of the application via mail and notification by way
of the Record and signage placed on the property.
• This report supports the delivery of core services.
BACKGROUND:
Location Map of 31 Monterey Road (subject property).
The subject property is located south of Monterey Road close to the intersection of Monterey Road
and Applewood Avenue. The subject property contains an existing 2 storey, side -split brick and
siding house, with an attached garage. The area is predominately a low-rise low-density residential
neighbourhood.
The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated
`Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1, and `Low Rise
Residential Two Zone (RES -2)' in Zoning By-law 2019-051, which is currently under appeal.
The purpose of the application is to permit an appropriately sized parking space in the driveway, for
the existing single detached dwelling. As per the application and applicant's intent, they have stated
that they intend to partially convert a rear portion of their attached garage to accommodate a home
office, for personal use of the resident. This partial conversion of the garage has reduced the length
of the parking space in the garage to 4.3 metres whereas the by-law requires 5.5 metres. This has
eliminated the parking space in the garage from being considered the required parking space. The
intent of the application is to be able to recognize the parking space in the driveway as the required
parking space, however it is only located 3.2 metres from the street line, instead of the required 6
metres.
Page 133 of 276
1
Site Visit Photo of 31 Monterey Road (subject property).
Page 134 of 276
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Site Plan showing existing building and garage, and location of the resident's personal home
office in the garage.
Page 135 of 276
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
In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a
variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of
built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent
buildings, streets, and exterior areas. The property is presently developed with a 2 -storey, single
detached dwelling. The proposed home office inside a portion of the existing attached garage, and the
reduced setback of off-street parking to the lot line will not significantly change the existing massing,
height, or other design characteristics of the property. Therefore, it is the opinion of staff that the
requested variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent and purpose of the by-law requirement for an off-street parking to be setback 6
metres from the street line is to ensure that the streetscape is not dominated with the presence of
vehicles and that a vehicle is located a safe and protected distance from the sidewalk and street. The
distance of 3.2 metres between the off-street parking space and front lot line will be sufficient and will
still provide an adequate buffer to the sidewalk and will not reduce or limit movement or accessibility
across the driveway.
Is/Are the Effects of the Variance(s) Minor?
The requested variance can be considered minor since it is not anticipated to cause unacceptably
adverse impacts on adjacent properties. The variance will allow the parking space on the driveway
to be recognized as the legal parking space for the dwelling unit as the partial conversion of the
garage to a home office, will eliminate the legal parking space within the garage. The use of a portion
of the garage for an office is compatible with the existing residential use and the use of existing
driveway for the legal parking space will not negatively impact the neighbouring properties or the
streetscape. The existing driveway is more than long enough to accommodate a legal parking space
and sufficient buffer from the sidewalk.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land. Building and/or
Structure?
The requested variance to permit a reduction in the off-street parking setback is desirable in that it
will allow a portion of the existing attached garage to become habitable living space and to be used
for a home office. It will also recognize an appropriately sized parking space on the driveway as the
legal parking space for the dwelling to accommodate a home office in the attached garage. Further,
there will be no change to the visible scale and massing of the house. There are no anticipated
negative impacts as a result of the requested variance to adjacent properties, or the streetscape and
surrounding neighbourhood.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Page 136 of 276
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit application
for renovations to the garage is obtained prior to construction. Please contact the Building Division at
building(ukitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
No comments.
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 has been posted to the City's website with the agenda in advance of the
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
additional information on the City's website or by emailing the Planning Division. A notice 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-law 85-1 and 2019-051
ATTACHMENTS:
Attachment A — Plan included with Application Form
Page 137 of 276
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Page 138 of 276
Region of Waterloo
June 28, 2022
Sarah Goldrup
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(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.
Document Number: 4114588
Page 1 of 2
Page 139 of 276
11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No 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
CofNa)Kitchener. ca
2
Page 140 of 276
July 4, 2022
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
GRCA File: July 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
200 King Street West, 6t" 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
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications for minor variance and consent.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 141 of 276
GRCA has no objection to the approval of the above applications. 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 me at icon roy(a)-grand river. ca or 519-
621-2763 ext. 2230.
Sincerely,
�La ccr,� Ga'w �
Jessica Conroy, MES PI.
Resource Planning Technician
Grand River Conservation Authority
Page 142 of 276