HomeMy WebLinkAboutDSD-2022-427 - A 2022-115 -224 Jeffrey Place
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(s)
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-427
SUBJECT: Minor Variance Application A2022-115 - 224 Jeffrey Place
RECOMMENDATION:
Zoning By-law 2019-051
That Minor Variance Application A2022-115 for 224 Jeffrey Place requesting relief from:
a) Section 4.14.7 of Zoning By-law 2019-051, to permit a front porch to have a depth of
1.2 metres instead of the minimum required 1.5 metres;
b) Section 5.4, Table 5-2, b) i) of Zoning By-law 2019-051 to permit an attached garage to
project beyond the front façade of the habitable portion of the dwelling unit by 4.6
metres instead of the maximum permitted 1.8 metres; and
c) Relief from section 5.4, Table 5-2, b) iii) to permit a private garage to project beyond
the front porch;
to facilitate the construction of a new single detached dwelling, generally in accordance with
drawings prepared by Orchard Design Studio Inc., dated June 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 4.14.7; Section
5.4, Table 5-2, b) i); and Section 5.4, Table 5-2, b), iii) of Zoning By-law 2019-051 to permit a
front porch to have a depth of 1.2 metres instead of the minimum required 1.5 metres, and to
permit the attached garage to project beyond the front façade of the dwelling unit by 4.6 metres
rather than the maximum permitted 1.8 metres and beyond the front of a porch to facilitate the
construction of a new 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 variances meet the four tests of the
Planning Act.
There are nofinancial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the southerly side of Jeffrey Place, between Fallowfield Drive and
Anastasia Drive. The subject property is located within the Country Hills East Neighbourhood, which
is comprised of a mix of single detached, duplex, and multiple dwellings.
Location Map 224 Jeffrey Place Photo of Subject Property
Community Areas Urban Structure and is
Low Rise Residential
Residential Four Zone (R-4-law 85-1
Four Zone (RES--law 2019-051, which is currently under appeal.
The purpose of the application is to request relief from the following:
a) Section 4.14.7 of Zoning By-law 2019-051, to permit a front porch to have a depth of 1.2
metres instead of the minimum required 1.5 metres;
b) Section 5.4, Table 5-2, b) i) of Zoning By-law 2019-051 to permit an attached garage to
project beyond the front façade of the habitable portion of the dwelling unit by 4.6 metres
instead of the maximum permitted 1.8 metres; and
c) Relief from section 5.4, Table 5-2, b) iii) to permit a private garage to project beyond the front
of a porch to facilitate the construction of a new single detached dwelling.
Staff note that the adjacent properties along Jeffrey Place have already been constructed to similar
specifications but were completed prior to the approval of Zoning By-law 2019-051.
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
Community Areas Urban Structure and is
Low Rise Residential The intent
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. Staff are of the opinion that
permitting the requested variances would not impact the low rise residential character of the
surrounding neighbourhood as they would facilitate the construction of a new single detached
dwelling, which use is contemplated in this land use designation. Staff note that the adjacent single
detached dwellings were constructed with similar specifications to their garages and porches; as
such, there would be no impact to the newly established community and would therefore maintain
the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of a maximum garage projection in Zoning By-law 2019-051 is to ensure that the overall
design of the garage and dwelling does not impact the streetscape of the already established
neighbourhood. As the adjacent single detached dwellings in the surrounding community were
recently constructed with similar specifications, the subject property would not deviate from the
existing character of the streetscape. The intent of the minimum 1.5 metre front porch depth in
Zoning By-law 2019-051 is to ensure usability to activate the streetscape; a deficiency of 0.3 metres
will still maintain the usability of the front porch. Staff are of the opinion that the requested variances
meet the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that permitting a shallower front porch and the garage to project further than
the maximum permitted 1.8 metres and past the front porch would not result in any significant
impacts to the function of the subject property or the character of the surrounding community. While
a garage projection exceeding the maximum by 2.8 metres is discernable from the public realm,
adjacent properties possess similar designs that are generally compatible with the surrounding
streetscape. Additionally, the depth deficiency of 0.3 metres will not have a significant impact on the
usability of the front porch; therefore, Staff are of the opinion that the effects of the requested
variances are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances are desirable for the appropriate development and use of the land as they
would facilitate the construction of a new single detached dwelling in a style, massing, and scale
similarly compatible to the adjacent single detached dwellings along Jeffrey Place.
Environmental Planning Comments:
The property is subject to a tree saving area in the rear. As the proposed variances do not impact
the tree saving area Environmental Planning staff has no concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
single detached dwelling unit and it is currently under review.
Engineering Division Comments:
Engineering has no comments.
Parks/Operations Division Comments:
No comments.
Hydro One Comments:
No comments or concerns.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
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:
for Minor Variance (City of Kitchener, July 12, 2022)
, 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 part of the
regulated allowance to floodplain located just south of the property. A copy of our resource mapping is
attached. Due to the presence of the floodplain, 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. We
understand that the subject property is currently a vacant residential lot, proposed for the construction
of a new single detached dwelling. As such, the applicant is seeking relief from zoning by-law
regulations pertaining to the attached garage and front porch depth. Based on the circulated sketch, the
thi
s application. Should you have any
questions, please contact me at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
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 he 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
bsite 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-law 2019-051
ATTACHMENTS:
Attachment A Registered Plan of Subdivision
Attachment B Survey of Subject Property
Attachment C Front Elevations
Attachment D Floor Plan
Registered Plan of Subdivision
Survey of Subject Property
Front Elevations
Floor Plan
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 2022-115 - 224 Jeffrey Place
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 2022-115
224 Jeffrey Place, City of Kitchener
The Ironstone Building Company
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 fromthe City of Kitchener:
Application for Minor Variance (City of Kitchener, July 12 2022)
Plan of Subdivision (Van Harten Surveying Inc., 2020)
Sketch for Building Permit Application (Van Harten Surveying Inc., April 25 2022)
Elevation Drawing (Orchard Design Studio Inc., June 2022)
Main Floor Plan (Orchard Design Studio Inc., May 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
part of the regulated allowance to floodplain located just south of the property. A copy of
our resource mapping is attached.
Due to the presence of thefloodplain, 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.
We understand that the subject property is currently a vacant residential lot, proposed
for the construction of a new single detached dwelling. As such, the applicant is seeking
relief from zoning by-law regulations pertaining to the attached garage and front porch
depth. Based on the circulated sketch, the proposed development will be located
outside of GRCA’s regulated area. GRCA has no objection to this minor variance
application 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: The Ironstone Building Company – Owner (via email)
Grand River
Conservation Authority
Date: Aug 29, 2022
Author: AG
224 Jeffrey Place, 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): 543,738.57 4,807,050.33
NAD 1983 UTM Zone 17NScale: 511
This map is not to be used for navigation | 2020 Ortho (ON)
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