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Home My WebLink AboutDSD-2022-423 - A 2022-109 - 60 Crosswinds Drive Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 20, 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 2 DATE OF REPORT: September 9, 2022 REPORT NO.: DSD-2022-423 SUBJECT: Minor Variance Application A2022-109 - 60 Crosswinds Drive Owner: Milestone Developments Inc. Agent: Patrick Haramis RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-109 for 60 Crosswinds Drive requesting relief from Section 38.2.1 Zoning By-law 85-1, to permit a rear yard setback of 7.2 metres instead of the minimum required 7.5 metres to facilitate the construction of a new single detached dwelling, generally in accordance with drawings prepared by J.D. Barnes Ltd, dated July 14, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-109 for 60 Crosswinds Drive requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a rear yard setback of 7.2 metres instead of the minimum required 7.5 metres to facilitate the construction of a new single detached dwelling, generally in accordance with drawings prepared by J.D. Barnes Ltd, dated July 14, 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 to facilitate the development of a new single detached dwelling on the subject property. 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. Location Map of 60 Crosswinds Dr (subject property). BACKGROUND: The subject property is located on the north side of Crosswinds Drive and is located near the intersection of Crosswinds Drive and Valleybrook Drive. The subject property is currently a vacant lot. A building permit was issued in September of 2021, to permit a new Waterford single detached dwelling with an attached garage. The area is predominantly a low-rise low-density residential neighbourhood. Community Area Urban Structure and is designated Low Rise Residential Land Residential Four Zone (R-4with Special Regulation Provision 597R in Zoning By-law 85-1-with Site-Specific Provision (228) in Zoning By-law 2019-051, which is currently under appeal. Both 597R and (228) do not permit geothermal wells. The purpose of the subject minor variance application is to facilitate the development and construction of a new single detached dwelling with an attached garage on the subject property. Specifically, the variance is as follows: to permit a rear yard setback of 7.2 metres instead of the minimum required 7.5 metres. Planning staff conducted a site inspection on August 30, 2022. Site Visit Photo of 60 Crosswinds Drive (subject property). Sketch of location of proposed single detached dwelling and rear yard setback reduction. 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 -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 currently an empty lot and is proposed for the construction of a single detached dwelling. This proposed dwelling will be similar to and compatible with the uses of the adjacent properties. 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 of the regulation that requires 7.5 metres for rear yard setback is to ensure that adequate amenity space and building separation is provided. The proposed 7.2 metre setback will still allow the new dwelling to function appropriately on this lot including sufficient amenity area, privacy buffer, and maintenance. Staff are of the opinion that adequate amenity area and building separation is provided. Accordingly, the requested variance for reduction in rear yard setback meets the general intent of Zoning By-law. 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 deficiency of 0.3 metres will not be discernible. The variance will allow for a reduced rear yard setback to ensure an appropriate placement and amenity space for the proposed dwelling which will be compatible with the existing residential use of the property and will not negatively impact the neighbouring lot. Appropriate rear yard and side yard access continues to be accommodated and the separation to the adjacent dwelling remains sufficient based on the site plan provided. 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 rear yard setback will ensure and allow for an appropriately oriented single detached dwelling on an irregular-shaped lot that will meet all other zoning requirements. Further, the development and construction of this new dwelling will maintain the character of the streetscape and the character of the surrounding area will continue to be respected. There are no anticipated negative impacts as a result of the requested variance to the adjacent property or the surrounding area. Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.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 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 ATTACHMENTS: Attachment A Site Plan included with Application August 30, 2022 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY (3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11, BLOCK 193) SCHLEGEL URBAN DEVELOPMENT CORP (10)/63, 10 AND 26 COLLEGE STREET NIMER BROTHERS DEVELOPMENT INCORPORATED (11) /VAR KIT, 132 WOOLWICH STREET GATTO HOMES INCORPORATED Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 104 369 Frederick Street No Concerns. 2) A 2022 - 105 6 Tweedsmuir Court No Concerns. 3) A 2022 - 106 175 Tartan Avenue No Concerns. 4) A 2022 - 107 133 Pine Martin Crescent No Concerns. 5) A 2022 - 108 23 Bosworth Crescent No Concerns. 6) A 2022 - 109 60 Crosswinds Drive No Concerns. 7) A 2022 - 110 6 Marianne Dorn Trail No Concerns. 8) A 2022 - 111 131 Pinedale Drive No Concerns. 9) A 2022 - 112 527 Wellington Street North No Concerns. 10) A 2022 - 113 10 College Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ tğŭĻ Њ ƚŅ Ћ 11) A 2022 - 114 132 Woolwich Street No Concerns. 12) A 2022 - 115 224 Jeffery Place 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 CofA@Kitchener.ca 2 September 1, 2022 via email GRCA File:September 20,2022 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 – September 20, 2022 Applications for Minor Variance A 2022-104 369 Frederick Street A 2022-105 6 Tweedsmuir Court A 2022-106 175 Tartan Avenue A 2022-107 133 Pine Martin Crescent A 2022-108 23 Bosworth Crescent A 2022-109 60 Crosswinds Drive A 2022-111 131 Pinedale Drive A 2022-112 527 Wellington Street North A 2022-113 10 College Street A 2022-114 132 Woolwich Street Applications for Consent B 2022-046 78-80 Old Chicopee Drive B 2022-047 124 Walker Street B 2022-048 7 Shaded Creek Drive B 2022-049 9 Shaded Creek Drive B 2022-050 11 Shaded Creek Drive B 2022-051 13 Shaded Creek Drive B 2022-052 15 Shaded Creek Drive B 2022-053 21 Shaded Creek Drive B 2022-054 23 Shaded Creek Drive B 2022-055 25 Shaded Creek Drive Application for Change of Conditions CC 2022-001 – 41 Ardelt Place Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. 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 meat jconroy@grandriver.ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. Resource Planning Technician Grand River Conservation Authority