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Home My WebLink AboutDSD-2022-424 - A 2022-110 - 6 Marianne Dorn Trail 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-2022-424 SUBJECT: Minor Variance Application A 2022-110 - 6 Marianne Dorn Trail Owner: Suresh Kumar Soundararajan, Gowri Krishnasamy Agent: Rodney Friesen RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-110 for 6 Marianne Dorn Trail requesting relief from Section 5.6.1 b) of Zoning By-law 85-1, to allow exterior stairs to have a side yard setback of 0.29 metres instead of the minimum required setback of 0.75 metres to construct a new set of stairs in a side yard to facilitate the addition of a second dwelling unit (additional dwelling unit (attached)) in the single detached dwelling, generally in accordance with drawings prepared by Fine Line Drafting & Design, dated th June 25, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-110 for 6 Marianne Dorn Trail requesting relief from Section 4.14.10 b) of Zoning By-law 2019-051, to allow exterior stairs to have a side yard setback of 0.29 metres instead of the minimum required setback of 0.75 metres to construct a new set of stairs in a side yard to facilitate the addition of second dwelling unit (additional dwelling unit (attached)) in the single detached dwelling, generally in accordance with drawings prepared by Fine Line Drafting & Design, dated th June 25, 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 construction of a new set of exterior stairs in a side yard, to allow access to the addition of a second dwelling unit in the single detached dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. There are nofinancial implications. This report supports the delivery of core services. Location Map of 6 Marianne Dorn Trail (subject property). BACKGROUND: The subject property is located on the northwest side of Marianne Dorn Trail and is located near the intersection of Marianne Dorn Trail and Old Huron Road. The subject property currently contains a two-storey single detached house with an attached garage. The area is predominately a low-rise low-density residential neighborhood. Community Area Urban Structure and is designated Low Rise Residential Residential Four Zone (R-4-law 85-1 Three Zone (RES--law 2019-051, which is currently under appeal. The purpose of the subject minor variance application is to facilitate the development and construction of external side yard stairs, to allow access to an additional dwelling unit attached (Duplex) in the existing single detached home on the subject property. Specifically, the variance is as follows: to permit a side yard setback of 0.29 metres for exterior stairs instead of the minimum required 0.75 metres. Planning staff conducted a site inspection on August 30, 2022. Site visit Photo of 6 Marianne Dorn Trail (subject property). Photo showing space between neighbouring property and existing dwelling, right side yard. Site Plan submitted showing proposed stair 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 presently developed with a 2-storey, single detached dwelling. The exterior stairs will facilitate a gentle intensification of the subject property, which use is supported by Official Plan policy. 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 In Zoning By-law 2019-051 steps that do not exceed 0.6 metres above ground level may be permitted in any side yard. In this case the steps are proposed to be greater than 0.6 metres (two feet) in height. The general intent and purpose of the by-law requirement for a minimum 0.75 metre interior side yard setback for steps in Zoning By-law 85-1 and for steps that exceed 0.6 metres in height in Zoning By- law 2019-051 is to ensure an appropriate access can be maintained to the rear yard and that there is adequate buffering and minimal impacts between buildings. The rear yard is accessible from the other side yard and the adjacent building is not anticipated to be negatively impacted by the addition of the exterior stairs. Is/Are the Effectsof 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 variancewill allow forthe construction of exterior stairs to access an existing side entrance door that allow a proposed duplex use of the property while not negatively impacting neighbouring lots. Appropriate rear yard and side entrance access continues to be accommodated and the separation to the adjacent dwelling remains sufficient. 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 side yard setback will facilitate the construction of exterior stairs to access the side entrance door of a proposed second dwelling to allow for an additional dwelling unit (attached) and allow a form of gentle intensification. Environmental Planning Comments: No comments. Heritage Planning Comments: No comments Building Division Comments: The Building Division has no objections to the proposed variance. Application has been made for the Additional Dwelling Unit (ADU) (Attached) and is currently under review. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: No comments. Grand River Conservation Authority (GRCA) Comments: Recommendation GRCA has no objection to the above-noted minor variance application. Documents Reviewed by Staff GRCA staff have reviewed the following documents submitted with this application, received on August 26, 2022, from the City of Kitchener: - Application for Minor Variance (City of Kitchener, July 26, 2022); and - Drawings - General Information & Site Plan; Floor Plans; and Second Floor, Section and Elevation (Fine Line Drafting & Design, revised June 25, 2022). GRCA Comments GRCA has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with the Region of Waterloo and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property contains a portion of the regulated allowance to slope erosion and slope valley located east of the property. A copy of our resource mapping is attached. Due to the presence of the above-noted features, a portion of the subject property is regulated by the GRCA under Ontario Regulation 150/06 Development, Interferencewith Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject property will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The existing and proposed use of the subject property is residential. We understand the purpose of this application is to permit a reduced side yard setback for exterior stairs to facilitate the addition of a second dwelling unit in the existing detached dwelling. Based on the circulated plans, GRCA staff do not anticipate natural hazard impacts as a result of this application. We have no objection to this minor variance and a GRCA permit is not required. variance and the applicant will be invoiced in the amount of $290 for the application. Should you have any questions, please contact me at jconroy@grandriver.ca or 519-621-2763 ext.2230. 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 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 Plans 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: A 2022-110 - 6 Marianne Dorn Trail Sarah Goldrup Committee Administrator Planning Division City of Kitchener th 200 King Street West, 6 Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Minor Variance Application A 2022-110 6 Marianne Dorn Trail, City of Kitchener Suresh Kumar Soundararajan and Gowri Krishnasamy/Rodney Freisen Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor variance application. Recommendation GRCA has no objection to the above-noted minor variance application. Documents Reviewed by Staff GRCA staff have reviewed the following documents submitted with this application, received onAugust 26, 2022 from the City of Kitchener: Applicationfor Minor Variance (City of Kitchener, July 26 2022); and Drawings - General Information & Site Plan; Floor Plans; and Second Floor, Section and Elevation (Fine Line Drafting & Design, revised June 25 2022). GRCA Comments GRCA has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with the Region of Waterloo and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property contains a portion of the regulated allowance to slope erosion and slope valley located east of the property. A copy of our resource mapping is attached. Due to the presence of the above-noted features, a portion of the subject property is regulated by the GRCA under Ontario Regulation 150/06 – Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject property will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The existing and proposed use of the subject property is residential. We understand the purpose of this application is to permit a reduced sideyard setback for exterior stairs to facilitate the addition of a second dwelling unit in the existing detached dwelling. Based on the circulated plans, GRCA staff do not anticipate natural hazard impacts as a result of this application. We have no objection to this minor variance and a GRCA permit is not required. Consistent with GRCA’s 2022 approved fee schedule, this application is considered a ‘minor’ minor variance and the applicant will be invoiced in the amount of $290 for the GRCA’s review of this application. 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 Enclosed: GRCA Resource Map Copy: Suresh Kumar Soundararajan and Gowri Krishnasamy – Owners (via email) Rodney Friesen, Fine Line Drafting & Design – Agent (via email) Grand River Conservation Authority Date: Sep 01, 2022 Author: JC 6 Marianne Dorn Trail, Kitchener Legend Regulation Limit (GRCA) Regulated Watercourse (GRCA) Regulated Waterbody (GRCA) Wetland (GRCA) Floodplain (GRCA) Engineered Estimated Approximate Special Policy Area Slope Valley (GRCA) Steep Oversteep Steep Slope Erosion (GRCA) Oversteep Toe Lake Erie Flood (GRCA) Lake Erie Shoreline Reach (GRCA) Lake Erie Dynamic Beach (GRCA) Lake Erie Erosion (GRCA) Parcel - Assessment (MPAC/MNRF) This legend is static and may not fully reflect the layers shown on the map. The text of Ontario Regulation 150/06 supercedes the mapping as represented by these layers. Copyright Grand River Conservation Authority, 2022. Disclaimer: This map is for illustrative purposes only. Information contained herein is not a substitute for professional review or a site survey and is subject to change without notice. The Grand River Conservation Authority takes no responsibility for, nor guarantees, the accuracy of the information contained on this map. Any interpretations or conclusions drawn from this map are the sole responsibility of the user. The source for each data layer is shown in parentheses in the map legend. For a complete listing of sources and citations go to: https://maps.grandriver.ca/Sources-and-Citations.pdf 0361218 GRCA Metres Map Centre (UTM NAD83 z17): 543,586.44 4,804,764.35 NAD 1983 UTM Zone 17NScale: 511 This map is not to be used for navigation | 2020 Ortho (ON) ±