HomeMy WebLinkAboutDSD-2023-318 - A 2023-068 - Update Report - 15 Maywood RoadStaff Report
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review, 519-
741-2200 ext. 7765
PREPARED BY: Tina, Malone -Wright, Interim Manager, Development Review, 519-
741-2200 ext. 7765
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: July 11, 2023
REPORT NO.: DSD -2023-318
SUBJECT: Update Report
Minor Variance Application A2023-068 — 35 Maywood Road
RECOMMENDATION:
That Minor Variance Application A2023-068 for 35 Maywood Road requesting relief from
Section 4.12.3 g) of Zoning By-law 2019-051, to permit an Additional Dwelling Unit (ADU)
(Detached) to be 62% of the building floor area of the principal dwelling instead of the
maximum permitted 50% to facilitate the conversion of an existing detached garage, 61
square metres in area, into a detached Additional Dwelling Unit (ADU) in the rear yard of the
subject property, generally in accordance with drawings prepared by Green Target
Engineering, dated January 25, 2023, BE APPROVED
REPORT HIGHLIGHTS:
The purpose of the Minor Variance Application is to permit the conversion of an existing detached
garage into an ADU (Detached). The conversion to an ADU (Detached) is proposed for the entirety
of the garage. The building floor area of the principal dwelling (excluding the basement) is 100.06
square metres, and the building floor area of the proposed ADU (existing garage) is 61.04 square
metres.
Zoning by-law 2019-051 Section 4.12.3 g) states that the building floor area for a ADU (detached)
shall not exceed 50% of the building floor area of the principal dwelling, or 80 square metres,
whichever is the less. Accordingly, a minor variance is requested to permit the proposed ADU to be
62% and 61 square metres of the building floor area of the principal dwelling instead of the maximum
permitted building floor area indicated in Section 4.12.3 g).
BACKGROUND:
Minor Variance A2023-068 was deferred from June 20, 2023 Committee of Adjustment Agenda for
the following reasons:
• There were concerns that the principal dwelling on the subject property was being used as a
'Lodging House,' which use does not permit an Additional Dwelling Unit (ADU) (Detached).
• The Committee requested that the applicant submit internal plans to assist the Committee's
consideration of privacy concerns outlined in a written submission.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 6 of 230
REPORT:
Planning Comments:
HY1
PROPERTY LINEN 39'2930'E 125.59'
Figure 1 — Site Plan
In response to the reasons for Deferral, Planning Staff offer the following comments:
1. Use of Principal Dwelling for a Lodging House
City staff inspected the principal dwelling on Thursday, June 22, 2023. The Upper Unit has 4 tenants
living in 2 bedrooms with 2 beds in each bedroom. The Lower Unit has 3 tenants and 2 bedrooms
with 2 beds in one room and 1 bed in the other room. There is one (1) lease for the Upper Unit and
there is one (1) lease for the lower unit. By-law Enforcement Staff found no evidence of a Lodging
House.
2. Internal Plans and Privacy Concerns
The Committee received a written submission indicating privacy concerns and asked that the
Applicant provide internal plans to assist in the Committee's consideration of the application.
"If the applicant is able to get approval for the additional 11 % of space it is going to directly affect
our privacy and sightlines even more than the allotted 50%."
The Applicant discussed the Deferral with Planning Staff after the meeting and advised that they do
not have internal plans yet as they were waiting to obtain the Committee's approval before incurring
additional expense. The proposal is to utilize the entirety of the existing detached garage for the
Additional Dwelling Unit (ADU) (Detached) in accordance with Ontario Building Code.
The following should be noted:
• The conversion involves an existing detached garage (existing accessory structure). The
conversion will be done in accordance with Ontario Building Code which will regulate
unprotected openings adjacent to lot lines.
• The proposed Detached ADU will meet the following:
a) The maximum permitted building height for an ADU without alterations to the existing
detached structure.
Page 7 of 230
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Figure 1 — Site Plan
In response to the reasons for Deferral, Planning Staff offer the following comments:
1. Use of Principal Dwelling for a Lodging House
City staff inspected the principal dwelling on Thursday, June 22, 2023. The Upper Unit has 4 tenants
living in 2 bedrooms with 2 beds in each bedroom. The Lower Unit has 3 tenants and 2 bedrooms
with 2 beds in one room and 1 bed in the other room. There is one (1) lease for the Upper Unit and
there is one (1) lease for the lower unit. By-law Enforcement Staff found no evidence of a Lodging
House.
2. Internal Plans and Privacy Concerns
The Committee received a written submission indicating privacy concerns and asked that the
Applicant provide internal plans to assist in the Committee's consideration of the application.
"If the applicant is able to get approval for the additional 11 % of space it is going to directly affect
our privacy and sightlines even more than the allotted 50%."
The Applicant discussed the Deferral with Planning Staff after the meeting and advised that they do
not have internal plans yet as they were waiting to obtain the Committee's approval before incurring
additional expense. The proposal is to utilize the entirety of the existing detached garage for the
Additional Dwelling Unit (ADU) (Detached) in accordance with Ontario Building Code.
The following should be noted:
• The conversion involves an existing detached garage (existing accessory structure). The
conversion will be done in accordance with Ontario Building Code which will regulate
unprotected openings adjacent to lot lines.
• The proposed Detached ADU will meet the following:
a) The maximum permitted building height for an ADU without alterations to the existing
detached structure.
Page 7 of 230
b) The minimum required setbacks for a Detached ADU. The rear yard and left side yard
setbacks of the existing garage exceed the 0.6 metre minimum requirement stated in
Section 4.12.3 j), as the setbacks are 3.9 metres and 0.69 metres, respectively. No minor
variance is being requested.
c) The size of the existing detached garage is 61 square metres which meets the maximum
size of a Detached ADU of 80 square metres. A minor variance is required as the
proposed Detached ADU will exceed the size relative to the principal dwelling. The intent
of this regulation is to ensure that the Detached ADU is secondary and accessory to the
principal dwelling. Staff is of the opinion that this minor variance meets the 4 tests of the
Planning Act as discussed in Staff Report DSD -2023-278.
The Applicant's are proposing to utilize an existing detached garage, which will meet the maximum
building height, minimum setbacks for Detached ADUs, and under the maximum size of 80 square
metres for a Detached ADU. Planning Staff are satisfied that the Minor Variance to permit an existing
detached garage to be converted to a Detached ADU, being 62% of the Principal Dwelling instead
of the maximum 50%, will not impact sightlines and increase privacy concerns.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
• DSD -2023-278
Page 8 of 230
Staff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 20, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Raida, Chowdhury, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: June 7, 2023
REPORT NO.: DSD -2023-278
SUBJECT: Minor Variance Application A2023-068 — 35 Maywood Road
RECOMMENDATION:
That Minor Variance Application A2023-068 for 35 Maywood Road requesting relief from
Section 4.12.3 g) of Zoning By-law 2019-051, to permit an Additional Dwelling Unit (ADU)
(Detached) to be 62% of the building floor area of the principal dwelling instead of the
maximum permitted 50% to facilitate the conversion of an existing detached garage, 61
square metres in area, into a detached Additional Dwelling Unit (ADU) in the rear yard of the
subject property, generally in accordance with drawings prepared by Green Target
Engineering, dated January 25, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance to permit the conversion of an existing
detached garage into a detached ADU.
• The key finding of this report is that the minor variance meets the four tests of the Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located south of the intersection between Maywood Road and Gerard
Avenue. It is a rectangular lot with a single detached residential property that contains two dwellings
and a detached garage located in the rear yard of the property.
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 9 of 230
The purpose of the application is to review a minor variance to permit the conversion of an existing
detached garage into an ADU (Detached). The conversion to an ADU (Detached) is proposed for
the entirety of the garage. The building floor area of the principal dwelling (excluding the basement)
is 100.06 square metres, and the building floor area of the proposed ADU (existing garage) is 61.04
square metres. Zoning by-law 2019-051 Section 4.12.3 g) states that the building floor area for a
ADU (detached) shall not exceed 50% of the building floor area of the principal dwelling, or 80 square
meters, whichever is the less. Accordingly, a minor variance is requested to permit the proposed
ADU to be 62% and 61 square metres of the building floor area of the principal dwelling instead of
the maximum permitted building floor area indicated in Section 4.12.3 g).
The rear yard and left side yard setbacks of the existing garage exceed the 0.6 metre minimum
requirement stated in Zoning by-law 2019-051 Section 4.12.3 j), as the setbacks are 3.90 metres
and 0.69 metres, respectively. The proposed asphalt walkway meets the minimum width of 1.1
metres stated in Zoning by-law 2019-051 Section 4.12.3 n).
Figure 1 — Ariel Photo of Subject Property
Page 10 of 230
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Page 11 of 230
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Staff visited the subject property on June 2, 2023.
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Figure 3 — Existing Detached Garage Photo from Site Visit
Page 11 of 230
Figure 4 — Front View Photo from Site Visit
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 property is designated `Low Rise Residential' on Map 3 — Land Use. This designation
places emphasis on compatibility of building form with respect to massing, scale and design in order
to support the successful integration of different housing types. It also places emphasis on the
relationship of housing to adjacent buildings, streets and exterior areas. The proposed use of the
property conforms to the designation, and it is the opinion of staff the requested variance to be able
to convert an existing garage to a detached ADU meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum building floor area requirement is to ensure that the detached ADU is
subordinate to the principal dwelling, with respect to scale. The detached garage is 2.88 metres in
height, and the principal dwelling is 5.03 metres in height. The building floor area of the proposed ADU
is 61.04 square metres, and the building floor area of the principal dwelling is 100.06 square metres.
Given the size of the detached garage and that it is smaller relative to the principal dwelling, staff is of
the opinion that the requested variance meets the general intent of the Zoning By-law.
Page 12 of 230
Is/Are the Effects of the Variance(s) Minor?
The variance can be considered minor as the conversion to a detached ADU is proposed for an existing
detached garage, and there are no new structures proposed. It is the opinion of the staff that as several
of the existing setbacks exceed the minimum requirements, the effects of the proposed ADU on
surrounding properties is minimal. The difference between the proposed ADU building floor area and
the maximum requirement is 12%, while the total building floor area (61.04 square metres) is smaller
than the maximum of 80 square metres.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land. Building and/or
Structure?
The variance is appropriate for the development and use of the land. The requested variance should
not impact any of the adjacent properties or the surrounding neighbourhood as there are no new
structures proposed. The scale of the proposed ADU will not negatively impact the existing character
of the subject property or surrounding neighbourhood and will support a gentle intensification of
housing by facilitating the construction of an ADU on the subject property containing a dwelling unit.
Environmental Planning Comments:
Environmental Planning has no natural heritage concerns or tree management concerns.
Heritage Planning Comments:
Heritage Planning has no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit to convert
the garage structure into an ADU unit is obtained prior to construction. Please contact the Building
Division at building(a)kitchener.ca with any questions.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Parkland Dedication is not required for the proposed Additional Dwelling Unit (ADU).
There are two existing City-owned street trees that will be impacted by the proposed driveway
widening associated with the development and these trees should be protected to City standards
throughout construction as per Chapter 690 of the current Property Maintenance By-law. Suitable
arrangements including the submission and approval of a Tree Protection and Enhancement Plan
showing full protection for existing trees; an ISA valuation of City-owned trees and any required
securities or compensation for removed trees will be required to the satisfaction of Parks and
Cemeteries prior to the issuance of a Building Permit or curb cut permit. Please see Urban Design
Manual Part C, Section 13 and www.kitchener.ca/treemanagement.
Transportation Planning Comments:
Transportation Planning has no concerns.
Infrastructure Services Comments:
A curb cut permit would not be approved for any driveway widening of the City apron because of
impacts to the tree root zone.
GRCA Comments:
The GRCA has no concerns.
Region of Waterloo Comments:
The Region of Waterloo has no concerns.
Page 13 of 230
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 to the City's website with the 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
additional information on the City's website 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 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 14 of 230
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
May 31, 2023
/_1IROTi1Wer
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 56 BLEAMS, 232 BLEAMS ROAD BICORP
Kitchener, ON N2G 4G7 DESIGN AKA 1813124 ONTARIO INC
(2) VAR KIT, 35 BELMONT AVENUE EAST
AZZA MADAN I
(5) 58 KIT, BLEAMS ROCKWOOD
ERINBROOK ACTIVA GROUP
(8) 58 KIT, 30T-07205 SCHLEGEL URBAN
DEVELOPMENT CORPORATION
Subject: Committee of Adjustment Meeting May 16, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2023 - 063 — 232 Bleams Road — No Concerns.
2) A 2023 - 064 — 35 Belmont Avenue West — No Concerns.
3) A 2023 - 065 — 26 Siebert Avenue — No Concerns.
4) A 2023 - 066 — 82 South Drive — No Concerns.
5) A 2023 — 067 — 1198 Fischer -Hallman Road — No Concerns.
6) A 2023 - 068 — 35 Maywood Road — No Concerns.
7) A 2023 - 069 — 213 Mill Street — No Concerns.
8) A 2023 - 070 — 1950 Fischer -Hallman Road — No Concerns.
9) A 2023 - 071 — 228 Connaught Street (Retained) — No Concerns.
10) A 2023 - 072 — 228 Connaught Street (Severed) — No Concerns.
Document Number: 4398774
Page 1 of 2
Page 15 of 230
11) A 2023 — 073 to 075 — 180 Zeller Drive — 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
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA(a)Kitchener. ca
2
Page 16 of 230
June 2, 2023
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — June 20, 2023
Applications for Minor Variance
A 2023-057
84 Maple Hill Drive
A 2023-063
232 Bleams Road
A 2023-064
35 Belmont Avenue West
A 2023-065
26 Siebert Avenue
A 2023-066
82 South Drive
A 2023-067
1198 Fischer Hallman Road
A 2023-068 35 Maywood Road
Applications for Consent
B 2023-021 46 Second Avenue
B 2023-022 228 Connaught Street
B 2023-023 to B 2023-024 180 Zeller Drive
via email
A 2023-069 213 Mill Street
A 2023-070 1950 Fischer Hallman Road
A 2023-071 228 Connaught Street
A 2023-072 228 Connaught Street
A 2023-073 to A 2023-075 180 Zeller
Drive
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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. 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 aherremana-grand river. ca or 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 17 of 230
From:
To: Committee of Adiustment (SM)
Subject: Committee of Adjustment Meeting - June 20, 2023 - 35 Maywood Rd
Date: Monday, June 19, 2023 11:46:57 AM
Good morning,
I received a notification of an ADU application from a neighboring property at 35 Maywood
Rd. The variance is for allowing the owner to build an ADU out of his garage that exceeds the
50% maximum ADU size.
My concerns (and many other neighbors' concerns) are that this property is not being utilized
by the owner. It is being rented to 8-10 individuals, at times even more. The neighborhood is
not zoned for a rooming house, nor does this lifestyle fit into the framework of the area.
Watching tenants walk up to the house at all hours with suitcases as if they are hostel guests.
They are standing in the driveway into the middle of the night on their phones without
concern for the neighbors because there is no privacy in the home due to the large number of
people living there. One tenant even mentioned that he sleeps in the furnace room.
There are often times shopping carts left on the boulevard/driveway, garbage bags out
scattered on the driveway, snow not being shoveled in the winter, very rare lawn
maintenance. There is no pride of ownership as is evident by almost every other residence in
the neighborhood. The reason being, there is no owner present. It is a rooming house with no
care for the neighbors.
If the landlord were to rent the house to a family, and some care was put into the property,
there would be less concern by the neighbors. If this ADU passes, we are all very concerned
that there will be 12 or more single individuals living at that property. That is unacceptable.
have zero faith that the owner of this property will use this house for anything less than a
hostel for college students. While this group may be quiet this month, who's to say that the
next month's group won't cause more issues in the area.
At the very least, this owner should be afforded no leniency on the ADU requirements and
forced to minimize the footprint of the garage to the permitted area of 50% of the house size.
This is a family neighborhood, young and old, from multiple countries and backgrounds. Not a
neighborhood for a hostel with 10 college guys living in it.
Regards,
Garrett Weinhardt
Page 18 of 230
Page 19 of 230
From:
To: Committee of Adiustment (SM)
Subject: Re: Application No. A 2023-068 - 35 Maywood Rd
Date: Monday, June 19, 2023 3:08:43 PM
Apologies my message was sent prematurely. Please see the email below for conclusion.
Good afternoon,
As per the subject line I am writing in regards to application A 2023-068. I reside al
and so am the direct neighbour with the lot in question, and the proposed ADU
is adjacent to our backyard.
I have a number of concerns as not only the direct neighbour but a member of our
neighbourhood.
My first concern is that the landlord at 35 Maywood Rd is not adhering to the laws regarding
rental properties, specifically in our zoning area (identified as R-2 in the posted Staff Report
on page 1 under Background). Bylaw 2019-051 Table 7-1 shows that in our area Lodging
Houses are not permitted. It is my understanding that a lodging house contains 4+ people per
unit who share a kitchen/bathroom. 35 Maywood Rd contains two rental units and I have
confirmed with tenants that 7 people reside upstairs. I believe 3-5 people reside in the
basement unit. This is not only against bylaw regulations (especially considering a license is
needing for lodging houses) but is also a large safety concern with regards to fire safety etc.
While this is not an issue for the Commitee of Adjustment directly (it will be a separate thing
we take up with Bylaw), I do believe that this information is important background. It is my
concern that the property management will get worse not better with an additional rental unit,
and thus I do not believe that there should be any leniency with the bylaw. I believe that if the
variance is permitted the landlord will use the additional space to fit as many people as
possible into the new unit - the additional 118 square feet could add another bedroom to an
already extremely overcrowded lot.
My other concern is with regards to the justification for the size of the building. I understand
that the current garage is 61% of the main dwelling and so the applicant is asking for an
exception to build an ADU slightly bigger than the allotted 50% in the bylaw. In the report
made by the city there were no concerns with regards to the variance and it was stated that it
would not affect adjacent properties or the neighbourhood. However, in the section General
Intent of the Zoning Bylaw, for explanation it states that the garage is 2.88 metres high and the
main dwelling is 5.03 metres high. Yes the garage is just over half the height of the house,
however this does not take into consideration any future building plans. If this variance is
approved and the landlord builds up, then the argument that the garage is much smaller than
the house in height and square footage does not hold. It also directly affects my family as the
proposed ADU is approximately 2 feet from our fence line. It overlooks our backyard and
particularly our children's play structure. If the applicant is able to get approval for the
additional 11% of space it is going to directly affect our privacy and sightlines even more than
the allotted 50%.
I understand that from the perspective of the city, Councillors, and Committee of Adjustment
members this minor variance is just that, something that is small and will not have much of an
Page 20 of 230
effect of the surrounding neighbourhood. And I would wholeheartedly agree if the applicant
had been managing the property well from the beginning with respect to the neighbourhood.
But unfortunately, that has not been the case. It is my wish as an adjacent neighbour to the
property that this application not be approved, as I don't believe an exception has been earned
and I have many concerns about this project moving forward.
Thank you for your time,
Christine Olah
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