HomeMy WebLinkAboutDSD-2022-352 - A 2022-089 - 3, 11, 13, 21, 29 Shaded Creek Dr
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: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD-2022-352
SUBJECT: Minor Variance Applications A2022-089 to 094 (inclusive)
3, 11, 13, 21, 23 and 29 Shaded Creek Drive
Owner: Activa Holdings Inc.
Applicant: Rachel Wolff, MHBC Planning
RECOMMENDATION:
Minor Variance Application A2022-089
Zoning By-law 85-1
A. That Minor Variance Application A2022-089 for 3 Shaded Creek Drive requesting relief
from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of 78%
of the width of the front façade instead of the maximum permitted 70%, to facilitate the
construction of a townhouse dwelling unit in accordance with Site Plan Application
SP22/096/S/TS, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-089 for 3 Shaded Creek Drive requesting relief
from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum garage
width of 78% of the width of the front façade instead of the maximum 60%, to facilitate
the construction of a townhouse dwelling unit in accordance with Site Plan
Application SP22/096/S/TS, 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.
Minor Variance Application A2022-090
Zoning By-law 85-1
A. That Minor Variance Application A2022-090 for 11 Shaded Creek Drive requesting
relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of
78% of the width of the front façade instead of the maximum permitted 70%, to
facilitate the construction of a townhouse dwelling unit in accordance with Site Plan
Application SP22/096/S/TS, BE APPROVED.
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Zoning By-law 2019-051
B. That Minor Variance Application A2022-090 for 11 Shaded Creek Drive requesting
relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum
garage width of 78% of the width of the front façade instead of the maximum permitted
60%, to facilitate the construction of a townhouse dwelling unit in accordance with
Site Plan Application SP22/096/S/TS, 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.
Minor Variance Application A2022-091
Zoning By-law 85-1
A. That Minor Variance Application A2022-091 for 13 Shaded Creek Drive requesting
relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of
78% of the width of the front façade instead of the maximum permitted 70%, to
facilitate the construction of a townhouse dwelling unit in accordance with Site Plan
Application SP22/096/S/TS, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-091 for 13 Shaded Creek Drive requesting
relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum
garage width of 78% of the width of the front façade instead of the maximum permitted
60%, to facilitate the construction of a townhouse dwelling unit in accordance with
Site Plan Application SP22/096/S/TS ,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.
Minor Variance Application A2022-092
Zoning By-law 85-1
A. That Minor Variance Application A2022-092 for 21 Shaded Creek Drive requesting
relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of
78% of the width of the front façade instead of the maximum permitted 70%, to
facilitate the construction of a townhouse dwelling unit in accordance with Site Plan
Application SP22/096/S/TS, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-092 for 21 Shaded Creek Drive requesting
relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum
garage width of 78% of the width of the front façade instead of the maximum permitted
60%, to facilitate the construction of a townhouse dwelling unit in accordance with
Site Plan Application SP22/096/S/TS 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.
Minor Variance Application A2022-093
Zoning By-law 85-1
A. That Minor Variance Application A2022-093 for 23 Shaded Creek Drive requesting
relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of
78% of the width of the front façade instead of the maximum permitted 70%, to
facilitate the construction of a townhouse dwelling unit in accordance with Site Plan
Application SP22/096/S/TS, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-093 for 23 Shaded Creek Drive requesting
relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum
garage width of 78% of the width of the front façade instead of the maximum permitted
60%, to facilitate the construction of a townhouse dwelling unit in accordance with
Site Plan Application SP22/096/S/TS, 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.
Minor Variance Application A2022-094
Zoning By-law 85-1
A. That Minor Variance Application A2022-094 for 29 Shaded Creek Drive requesting
relief from Section 5.5C.1 of Zoning By-law 85-1, to permit a maximum garage width of
78% of the width of the front façade instead of the maximum permitted 70%, to
facilitate the construction of a townhouse dwelling unit in accordance with Site Plan
Application SP22/096/S/TS, BE APPROVED.
Zoning By-law 2019-051
B. That Minor Variance Application A2022-094 for 29 Shaded Creek Drive requesting
relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051, to permit a maximum
garage width of 78% of the width of the front façade instead of the maximum permitted
60%, to facilitate the construction of a townhouse dwelling unit in accordance with
Site Plan Application SP22/096/S/TS, 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 an application for minor variances to facilitate the
development of 6 row townhouse end units, municipally addressed as 3, 11, 13, 21, 23 and 29
Shaded Creek Drive, which are currently being reviewed as part of Site Plan Application
SP22/096/S/TS.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
Location Map 3, 11, 13, 21, 23 and 29 Shaded Creek Drive
View of subject properties
The subject properties are located at 3, 11, 13, 21, 23 and 29 Shaded Creek Drive, in close proximity
to the intersection of Stauffer Woods Trail and New Dundee Road.
The subject properties are Community Areas Urban Structure and are
Low Rise Residential
The properties are Residential Six Zone (R-6with special regulation provisions 685R, 687R,
689R in Zoning By-law 85-1. The properties are zoned RES-5)
with site-specific regulations 306, 308 and 310 in Zoning By-law 2019-051, which is currently under
appeal.
The applicant is requesting relief from Section 5.5C.1 of Zoning By-law 85-1 and Section 5.4, Table
5-2, of Zoning By-law 2019-051 to allow a maximum garage width percentage of 78% of the front
façade rather than the permitted maximum of70% of the front façade in Zoning By-law 85-1, and
the permitted maximum of 60% in Zoning By-law 2019-051.
The applicant has also submitted Site Plan Application SP22/096/S/TS for these properties, which
is currently under review.
Proposed elevation renderings for townhouse blocks
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 properties are designated Low Rise Residential with
designation permits low density forms of housing such as street townhouse dwellings. The proposed
variance meets the intent of the Official Plan which encourages a range of different forms of housing
and encourages a mix of residential uses in residential areas. It is the opinion of staff that the
requested variance for garage width meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum permitted garage width in both By-laws is to ensure that the garage
such as different architectural forms, different building materials and colours, and windows to
maintain the streetscape aspect of the neighbourhood. The variances are for the end units which
are typically a wider lot that can accommodate a wider garage width without dominating the
streetscape. Staff is of the opinion that the requested variances meet the general intent of the Zoning
By-law.
Is/Are the Effects of the Variance(s) Minor?
The variances can be considered minor, as it is the opinion of staff that the increase in garage width
will continue to accommodate an adequate streetscape façade, and the increase of the garage width,
from 70% to 78% is approximately one metre. Overall, the garage width increase is only being
requested for the end townhouse units, which are larger than the middle units and have adequate
landscaping on the side yard to reduce the impact of the garages. The increase in garage width will not
present any significant impacts to adjacent properties and the overall neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variances are appropriate for the development and use of the land. The variances will facilitate the
construction of a wider garage on the end units. The scale, massing and height of the new townhouses
including the slight increase in garage width facades will not negatively impact the streetscape or the
surrounding neighbourhood.
Environmental Planning Comments:
No natural heritage concerns. Tree management policies will be addressed through the site plan.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit application
for townhouse blocks are obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
No engineering concerns.
Parks/Operations Division Comments:
Parks and Cemeteries has previously commented on Site Plan Application SP22/096/S/TS and
indicated that street trees are a requirement of the Subdivision Application 30T-08203 and the
proposed driveways and building layout appear to accommodate the planned trees. Please be aware
of approved root pathway infrastructure under adjacent sidewalks.
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 has
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-laws 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
th
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