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Home My WebLink AboutDSD-2022-425 - A 2022-108 - 23 Bosworth Crescent 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: Julian Lee, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: September 9, 2022 REPORT NO.: DSD-2022-425 SUBJECT: Minor Variance Application A2022-108 - 23 Bosworth Crescent RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-108 for 23 Bosworth Crescent requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1, to permit the required off-street parking to be located 1.7 metres from the street line instead of the required 6 metres generally in accordance with drawings prepared by Isabel Barnes, dated August 17, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-108 for 23 Bosworth Crescent requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit the required off-street parking to be located 1.7 metres from the street line instead of the required 6 metres generally in accordance with drawings prepared by Isabel Barnes, dated August 17, 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 variances requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 and from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit the required off-street parking to be set back 1.7 metres rather than the required 6 metres to facilitate the conversion of the attached garage into a living space for the use of the single detached dwelling. 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. BACKGROUND: The subject property is locatedon the southerly side of Bosworth Crescent and contains a single detached dwelling. The subject property is located within the Laurentian Hills Neighbourhood, with the area primarily comprised of low-rise residential uses. Location of Proposed Variance Photo of Subject Property Location Map 23 Bosworth Crescent The Community Areas Urban Structure and is Low Rise Residential Residential Four Zone (R-4-law 85-1 w Rise Residential Four Zone (RES--law 2019-051, which is currently under appeal. The purpose of the application is to request relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 and from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit the required off-street parking to be set back 1.7 metres rather than the required 6 metres to facilitate the conversion of the attached garage into a living space for the use of the single detached dwelling. Planning Staff conducted a site visit on August 29, 2022. 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 Urban Structure and is of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types while maintaining the low density character of the neighbourhood. Official Plan policy 4.C.1.8 details spefunction appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. Staff are of the opinion that permitting the required off-street parking space to be set back 1.7 metres rather than the required 6 metres would maintain both the appropriate number of parking spaces for the single detached dwelling, as well as the existing area of landscaped/amenity space on the front yard. The proposed variance would not have an impact on the low rise residential character of the surrounding neighbourhood and therefore maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 6 metre setback from the street line for the first required off-street parking space in both Zoning By-laws 85-1 and 2019-051 is to ensure that a vehicle can be safely parked without impacting the City right-of-way, including the sidewalk and to ensure that the streetscape is not dominated by vehicles. The required setback also ensures clear visibility lines when exiting the driveway. Maintaining the 6 metre setback also ensures enough space for a second legal parking space behind the first required space. Staff acknowledge that the while 1.7 metres is not sufficient for a second legal parking space, a 1.7 metre setback would still ensure adequate visibility along the street line without impacting the City right-of-way or impeding access to the neighbouring properties. Staff are of the of the opinion that the proposed variance meets the general intent of the Zoning By- laws. Is/Are the Effects of the Variance Minor? While a 4.3 metre setback deficiency is slightly discernible from the public realm, there are no anticipated impacts to the pedestrian right-of-way, parking requirements, or neighbouring properties. Staff note that there are no sidewalks along Bosworth Crescent and that only one parking space is required for the subject property; as such, there would be limited pedestrian activity interacting with the property and no impact to parking configurations would occur. Also, the parking space in the driveway will be buffered by the topography of the front yard. Staff are of the opinion that the requested variance is minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance is desirable for the appropriate development and use of the land as it would facilitate the conversion of the attached garage into a living space for the single detached dwelling while ensuring that a legal parking space is provided on the subject property. Environmental Planning Comments: No natural heritage or Tree Management Policy concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the conversion of the garage into living space is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Engineering has no comment. 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. Hydro One Comments: No comments or concerns. 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 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 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 Survey and Driveway Location/Measurements Survey and Driveway Location/Measurements 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