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Home My WebLink AboutDSD-2023-306 - A 2023-077 - 176 Indian RoadStaff Report r NJ :R 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: Gaurang Khandelwal, Planner (Policy), 519-741-2200 ext. 7611 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: July 5, 2023 REPORT NO.: DSD -2023-306 SUBJECT: Minor Variance Application A2023-077 — 176 Indian Road RECOMMENDATION: That Minor Variance Application A2023-077 for 176 Indian Road requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a rear yard setback of 3.8 metres instead of the minimum required rear yard setback of 7.5 metres to facilitate the construction of an addition to convert an existing single detached dwelling with one (1) Additional Dwelling Unit (Attached) to a single detached dwelling with two (2) Additional Dwelling Units (Attached) generally in accordance with drawings prepared by Fine Line Drafting & Design Inc., dated June 2023, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance to facilitate the development of an addition to convert an existing single detached dwelling with one Additional Dwelling Unit (attached) to a single detached dwelling with two Additional Dwelling Units (attached). • The key finding of this report is that the requested minor variance meet the 4 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 at the north-west corner of Indian Road and Queenston Drive intersection, in the Heritage Park planning community. The surrounding context comprises of primarily low-rise residential uses. Grand River Collegiate Institute is located across the road (Indian Road) from the subject property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 52 of 230 Location Map — 176 Indian Road Photo of Subject 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. The purpose of the application is to facilitate the construction of an addition in the rear yard of an existing single detached dwelling with one Additional Dwelling Unit (ADU) (Attached) and convert it to a single detached dwelling with two ADUs (Attached). Page 53 of 230 Location of Requested Minor Variance The applicant intends to construct a two-storey addition consisting of an attached garage with two parking spaces on the first storey and an ADU (attached) on the second storey above the attached garage. The existing shed is proposed to be removed to facilitate this addition. City Planning staff conducted a site visit on June 30th, 2023. au�eN57ON DRIVE Proposed Site Plan FfiONT ELEVATION l REAR RF ATION RIGHT FI ATiON Elevation drawings showing the proposed addition to the existing single detached dwelling ,-, 3D renderings of the proposed addition Page 54 of 230 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 identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City of Kitchener Official Plan. The intent of the Low Rise Residential designation is to accommodate a full range of low density housing types including single detached dwellings and ADUs. Official Plan policy 4.C.1.8 details criteria that should be considered where a minor variance is requested. Subsections `c', `d' and `e' specify that the requested variances should ensure that "new additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape", "new buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy", and that "the lands can function 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". Official Plan policy 4.C.1.23. further maintains that the City will permit the addition of an ADU (attached) where desirable and appropriate to provide alternate housing options to Kitchener homeowners and residents. Staff are of the opinion that permitting the requested variance would facilitate the use of the addition as an ADU (attached) with the required parking spaces on-site, providing a form of gentle density to the community while preserving the low density character of the neighbourhood. Staff are also of the opinion that the existing landscaping and siting of the proposed addition along Indian Road would provide an adequate amenity area on the property, as well as maintain the functioning of the property and adjacent dwellings. Staff are of the opinion that the requested variance meet the intent of the Official Plan. General Intent of the Zoning By-law The subject property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051. The intent of minimum rear yard setback requirements is to ensure provision of adequately sized outdoor amenity areas and privacy with adjacent properties. The proposed window openings on the second storey of the addition are oriented towards Indian Road and the rear yard of 124 Queenston Drive. The window openings along 124 Queenston Drive are for the living space and kitchen of the ADU (attached). No window openings are proposed along 180 Indian Road. The reduced rear yard setback is sensitive to the exterior areas of the adjacent properties and overlook concerns are insignificant. Furthermore, with the removal of the existing shed in the rear yard and a large front and exterior side yard, there is adequate amenity area for the proposed single detached dwelling with two ADUs (attached). Is/Are the Effects of the Variance(s) Minor? Planning staff is of the opinion that the requested variance is minor, in that it will not cause unacceptable adverse impacts on adjacent properties. No compatibility or privacy concerns are identified with the requested rear yard setback reductions, because of building design measures and orientation relative to adjacent properties. Amenity areas will be provided in interior, rear and exterior side yards. Page 55 of 230 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the variance to reduce the minimum rear yard setback is appropriate for the desirable development of the lands. The applicant has demonstrated through building and site design, that the proposed addition will not have adverse impacts on privacy of adjacent properties and will be compatible with the character of the neighborhood. In addition, the variance would facilitate gentle intensification within an established neighbourhood. Environmental Planning Comments: No 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 addition and change of use to a triplex is obtained prior to construction. Please contact the Building Division at building(o)kitchener.ca with any questions. Engineering Division Comments: No Comment Parks/Operations Division Comments: There is an existing City -owned street tree that will be impacted by the proposed driveway widening associated with the development and this tree 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/treemanaaement Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: No Concerns. GRCA Comments: 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. Enova Power Corp Comments: The proposed addition at 176 Indian Road will conflict with the existing meter location for this property. The property owner will need to relocate the existing meters to the north wall of the new addition. Customer/contractor is to contact Enova Power to arrange for re -location of the existing service meters. https://enovapower.com/service-request-form-engineering-victoria-street-office/ The link about is to our service request form on our web site. Page 56 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 ATTACHMENTS: Attachment A — Site Plan of proposed addition for 176 Indian Road Page 57 of 230 Attachment A - Site Plan of proposed addition for 176 Indian Road z E GVGtl NVIGNI 0 z z L9 z CL CL QF) 0 LLJ LLI LLI ZZL 7;1 t m zi GVGtl NVIGNI cr, 3U - — — — — — — — — — — — — — ----------- oa 6z 17� IL — — —°+_— — — — --------------- - - — - - ---------- Nd Et4l:Z ZT-90-U07 Page 58 of 230 z CL CL QF) 0 LLI 7;1 t vi 1z ash cr, 3U - — — — — — — — — — — — — — ----------- oa 6z 17� IL — — —°+_— — — — --------------- - - — - - ---------- Nd Et4l:Z ZT-90-U07 Page 58 of 230 a 7;1 7 V 1z ID Hill u I I I cr, 3U - — — — — — — — — — — — — — ----------- oa 6z 17� IL — — —°+_— — — — --------------- - - — - - ---------- Nd Et4l:Z ZT-90-U07 Page 58 of 230 Region of Waterloo June 30, 2023 /_1IROTi1Wer City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) 08 WEBER KIT, 15 DELLROY AVENUE 2296342 ONTARIO INCORPORATED (12) VAR KIT, 30 AND 40 MARGARET AVENUE ACTIVA HOLDINGS Subject: Committee of Adjustment Meeting July 18, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 076 — 912 Otterbein Court — No Concerns. 2) A 2023 - 077 — 176 Indian Road — No Concerns. 3) A 2023 - 078 — 35 Fifth Avenue — There are no conditions for this application. However, the owners are advised that the proposed and existing dwelling(s) on the subject lands would have impacts from the transportation noise in the vicinity. The owners are responsible for ensuring that the subject development does not have any environmental noise impacts. In the absence of a detailed noise study, the staff strongly recommend that all dwelling units be installed with air -ducted heating and ventilation system, suitably sized and designed for the provision of central air conditioning. This will avoid retrofit at any later application stage, e.g. Consent/Condo. There are no airport -specific concerns for the proposed development. However, the owners are advised that the subject lands are located within the Airport Zoning Regulated area and specifically under the runway take-off/approach surface; and, as such, subject to all provisions of the Airport Zoning Regulations. 4) A 2023 - 079 — 55 Rockcliffe Drive — No Concerns. Document Number: 4421509 Page 1 of 3 Page 59 of 230 5) A 2023 — 080 — 15 Dellroy Avenue — The Regional staff do not support this minor variance application. Any structures within the Daylight Triangle (DLT) and any encroachment under, at or above the ground within the Regional right of way, including the daylight triangle (including the lands to be dedicated to the Region), will not be allowed. The buildings and the site must be designed accordingly. Airport Zoning (Advisory): The owners/applicants are also advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take- off/Approach Surface for Runway 08. Using the Region of Waterloo International Airport Zoning Regulations (AZR) online tool (https://www.waterlooairport.ca/en/about-vkf/airport-zoning-regulations- update.aspx), the permitted building height for the subject property is 399.5m Above Sea Level (ASL), the maximum building height is 75.5m based on a maximum ground level of 324m ASL. Please ensure that the building heights for the proposed development comply with the Region of Waterloo Airport zoning and height restrictions. The Region of Waterloo International Airport AZR also regulates any construction of towers/cranes for a proposed development. Any proposed development at this location must ensure that construction towers/cranes also comply with the Region of Waterloo International AZR. 6) A 2023 - 081 — 333 Pine Valley Drive — No Concerns. 7) A 2023 - 082 — 685 Frederick Street — No Concerns. 8) A 2023 - 083 — 15 Kenora Drive— No concerns/conditions for this application. Staff note that the subject lands are located within the Airport Zoning Regulated area and specifically under the runway take-off/approach surface; and, as such, subject to all provisions of the Airport Zoning Regulations. 9) A 2023 - 084 — 151 Frederick Street — There are no conditions for this application. However, the applicants are advised that they are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). 10) A 2023 - 085 — 920 Keewatin Place — No Concerns. 11) A 2023 — 086 — 59 Graber Place — Although there are no conditions for this application, the staff note that there are noise -sensitive land uses, specifically the backyards of many residential dwellings, in the immediate vicinity of the subject lands, which may have impacts from the noise from the proposed storage related activities. The staff recommend that the City staff look into this as deemed appropriate. 2 Page 60 of 230 12) A 2023 — 087 — 30-40 Margaret Avenue — 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 3 Page 61 of 230 June 29, 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 — July 18, 2023 Applications for Minor Variance A 2023-077 176 Indian Road A 2023-078 35 Fifth Avenue A 2023-079 55 Rockcliffe Drive A 2023-080 15 Dellroy Avenue A 2023-081 333 Pine Valley Drive A 2023-082 685 Frederick Street A 2023-083 15 Kenora Drive A 2023-084 151 Frederick Street A 2023-085 920 Keewatin Place A 2023-087 30-40 Margaret Avenue Applications for Consent B 2023-025 97 Second Avenue B 2023-026 30-40 Margaret Avenue via email 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-q rand 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 62 of 230 Marilyn Mills From: John Theriault <john.theriault@enovapower.com> Sent: Monday, June 26, 2023 3:21 PM To: Committee of Adjustment (SM) Cc: Shevan Mustafa; Shaun Wang Subject: Service conflicts at these locations - Attention - Alison Fox Attachments: A 2023-077 - 176 Indian Road.pdf Hello Alison: The proposed addition at 176 Indian Road will conflict with the existing meter location for this property. The property owner will need to relocate the existing meters to the north wall of the new addition. Customer ? contractor to contact Enova Power to arrange for re -location of the existing service meters. https://enovapower.com/service-request-form-engineering-victoria-street-office/ The link about is to our service request form on our web site. If you have any questions please contact me to discuss. Thanks. John Theriault I Service Design Supervisor I Enova Power Corp. Direct Number: 519-745-4771 x-6240 Mobile Number: 519-572-0377 iohn.theriaultCcDenovapower.com enovapower.com Kitchener -Wilmot Hydro and Waterloo North Hydro have merged and are now Enova Power Corp. For more information on Enova visit our new website at enovapower.com. [A This correspondence is directed in confidence solely to the addressees listed above. It may contain personal or confidential information and may not otherwise be distributed, copied or used by the intended recipient. If you are not the intended recipient, please delete the e-mail and any attachments and notify the sender immediately. Click on the link to read the additional disclaimer: https.Ilenovapower.com/disclaimer Page 63 of 230