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HomeMy WebLinkAboutDSD-2022-350 - A 2022-072 - 177 Eden Oak TrailStaff 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: Brian Bateman, Senior Planner 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-350 SUBJECT: Minor Variance Application A2022-072 — 177 Eden Oak Trail RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-072 for 177 Eden Oak Trail requesting relief from Section 5.22 (k) of Zoning By-law 85-1, to permit an Additional Dwelling Unit (ADU) (Detached) to be located in a side yard abutting a street, generally in accordance with the site plan prepared by Tri -City Drafting and Design Services, dated June 8, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-072 for 177 Eden Oak Trail requesting relief from Section 4.12.3 (k) of Zoning By-law 2019-051, to permit an Additional Dwelling Unit (ADU) (Detached) to be located in an exterior side yard, generally in accordance with the site plan prepared by Tri -City Drafting and Design Services, dated June 8, 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 5.22 (k) of Zoning By-law 85-1 and Section 4.12.3 (k) of Zoning By-law 2019-051 to permit an ADU to be located in a side yard abutting a street. • 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 47 of 276 BACKGROUND: The subject property is located at 177 Eden Oak Trail at the southeast corner of Eden Oak Trail and Grand Flats Trail in the Grand River South Neighbourhood, comprised of low-rise residential uses. Subject Property IE The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 of the City's Official Plan. The property is zoned `Residential Six Zone (R-6), Special Use Provision 597R' in Zoning By-law 85-1 and ` Low Rise Residential Five Zone (RES -5) with site-specific provision (228) in Zoning By- law 2019-051, which is currently under appeal. The purpose of the application is to permit an ADU (Detached) to be located in a side yard abutting a street (85-1) and exterior side yard (2019-051) whereas one is not allowed to be located in a side yard abutting a street or exterior side yard. The proposal to construct an ADU (Detached) will be reviewed as part of a future Site Plan Application. The applicant has already made application and received approval for a curb cut to permit a driveway for the ADU to be constructed off of Grand Flats Trail in the location shown on the site plan below. Page 48 of 276 �I�.PAfIPO5E0,5f IE PIAX rwTe --rt�N'71CN TAXFN FWGA�Ogx DF WATFRIp]p6AVPPIHG SffiYICE SITIE INFORMAT10N al 11913.7e fe (17T.80 02. PROPOSEOSE VARY DWELLING COVERAGE: 0.3. TOTAL PROPOSFEl CCVERAGE: AMC IP(56,50 RY9 2519.76 (13335.11') BA. TOTAL SITE AREA: 772A." T {lvm m'1 05. PROPOSED COVERAGE 32.62% OB. PROPERTYZONING R8 REPORT: Planning Comments: WNHIRr I rNEhFVG APPPWxEt},HAKl pG 1YRER 4 f IXTP iHEV%RMP HOF TO"A65 FxSICppF PROPEarc4xffl a5-IY IL?2�5rn7 '�'I I m 4, PueEAry eW PROPOSED PRQYi CUM DRIVEWAY Ivnc TA y.- � DRIVEWAY uu:wn xsrA�EO Ar '` 0PCJ R2PFPl WLK #FDNB AHb S�ENHx I d' N. I. ,y-a•,'�, xMia—TRAiP1E m- 41 Isnrvc 14m wx9 PROPOSED ONE 1P ormmRa _ FEM�L66ERElgVE6 § STOREY II u 4 DWELLING UNIT PROPOCE6COI�PE q vL� flA9lRnarx /f EXISTING TWO,' r y L urH:oEagTe� STOREY 41 i I u ro n��wlu DWELLING UNIT Y LFNT ,=rnui vTR � I r-rnE�ey 1, ENL9TNGTR(FAOGNT[N TO -Oa4' iu..,, I 1--I. exnPirn xcTE sT s�rixc � - I I / I � 1RE89 TO Bf RH11GVE6 TRI -CITY J EXISTINGI I x ;mm�nu>•Icr CHRIS KAHLER \ •`- 9xc sTlxc e- uxe PROPOSED SECONDARY DWELLING UNIT EDEN OAK TRAIL TM SITE PLAN H RLOGATiCN NAFRCN - lNRLv wWECrlp. EXIST NG PROJECT PRo"IM LIV ROUNDABOUT __5} SP1.0 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 intent of the Low Rise Residential designation is to preserve the scale, use, and intensity of existing development in a stable family-oriented area, while allowing for a limited range of low rise residential uses. Official Plan policy 4.C.1.24. further maintains that the City will permit the addition of an additional dwelling unit (detached) where appropriate to provide alternate housing options to Kitchener homeowners and residents. The requested variance to facilitate the development of an ADU (Detached) on the subject property will maintain the intent of the Official Plan. General Intent of the Zoning By-law The intent of Regulations 5.22 (k) and 4.12.3 k) is to ensure an ADU is not highly visible from the street and to ensure an ADU is subordinate to the principal dwelling by being located in the rear yard. Corner lot properties in many instances have little to no back yard and often use the side yard abutting a street as the rear yard amenity space. As such, staff opines that the intent of this regulation is not to prohibit corner properties from having an ADU but rather to deal with them on a site by site basis. In this situation, the subject property has a large side yard abutting a street that could support an ADU in staff's opinion while maintaining more than adequate separation from neighbouring properties. To address the fact the ADU will be visible, the owner has agreed to provide a brick fagade consistent with the principal dwelling. This will be secured through the review and approval of the site plan application. Staff are of the opinion that the requested variance is appropriate under this circumstance and that the general intent is being maintained. Page 49 of 276 5 Eh PLkM wqn D"FAF " MFwM0. onenrlma Wf PBIE 9M{rLAJPv it � 4N")rAW 4'El'.CNrEC'Tie syDu Mtsrlst- "re I �..' . GWALAMG AllILLC 1fA15Yr Oe,1AW - „.,. j �L74rI'F. YM H 'Fir rA*I T vJ�7�rILR.. . f, 11. T. a &-10 mu IA{CEA TO --446 FCA TIMI -CITY iL��Ft b rCH t5ITAHLER PROPOSED SECONDARY DWELLING UNIT ..rsncw r v� COVER PAGE wee .. .c.• ... rrc r� W.w ac- ,-a R,w ,arTMs wxc r rrsw... cc w*Tss* o w. er Is the Effect of the Variance(s) Minor? Staff are of the opinion that the effects of the requested variance are minor as the approval will not have a significant impact on the adjacent properties or neighbourhood. Is the Variance Desirable For The Aaaroariate Develoament or Use of the Land. Buildina and/or Structure? The requested variance is appropriate for the development and use of the land and building as the proposed ADU is compatible and consistent with the low rise residential neighbourhood and provides an appropriate form of gentle intensification. The size of the subject corner lot resulting in having a large side yard abutting the street, makes this a suitable property for an ADU. As such, the requested variance is considered desirable in order to facilitate the development of an ADU. Environmental Planning Comments: No natural heritage or tree management policy concerns. Heritage Planning Comments: There are no heritage concerns. Page 50 of 276 Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the ADU 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: Transportation Services have no concerns with the proposed application. GRCA comments: No comments. Region of Waterloo 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-laws 85-1 and 2019-051 Page 51 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 52 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 53 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 54 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 55 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name 1 I w Address Signature ��vPes-I�j C>��el Page 56 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name Address Signature Page 57 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name et 1) J( Address Page 58 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name ©Wnrzs Page 59 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name —FLr04-N A' Page 60 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name �< Address Signature T�. Page 61 of 276 Proposed Detached Dwelling at 177 Eden Oak Trail To whom it may concern, we are the owners of 177 Eden Oak Trail, Kitchener. We would like to let you know that we have applied to the City of Kitchener for a permit to build a small detached dwelling on our corner lot. (Tiny Home) Please see the attached Site plan and proposed Dwelling Plan. Once you have had a look at the attached site Plan and Dwelling and have no objection to our building this on our property . Please print your name and sign below. We appreciate your approval. Name Signature Page 62 of 276