HomeMy WebLinkAboutDSD-2023-304 - A 2023-079 - 55 Rockcliffe Drive
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: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: June 30, 2023
REPORT NO.: DSD-2023-304
SUBJECT: Minor Variance Application A2023-079 55 Rockcliffe Drive
RECOMMENDATION:
That Minor Variance Application A2023-079 for 55 Rockcliffe Drive requesting relief from
Section 7.3, Table 7-4, of Zoning By-law 2019-051, to permit a minimum lot width for an
external street townhouse unit of 7.5 metres instead of the minimum required 9.5 metres, and
to permit an interior side yard setback of 1.2 metres instead of the minimum required 2.5
metres, to facilitate one Additional Dwelling Unit (ADU) (Attached), generally in accordance
with drawings prepared by Dawn Design Studios, dated April 19, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance to permit the creation of one Additional
Dwelling Unit (Attached) within an existing townhouse dwelling.
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
This report supports the delivery of core services.
BACKGROUND:
The subject property is located near the intersection of Rockcliffe Drive and Newcastle Drive.
on Map 2 Urban Structure and is
on Map 3 Plan.
Low Rise Residential Five Zone (RES-5-law 2019-051.
The subject property currently contains a townhouse dwelling unit and it is the end unit of a block of
4 townhouse dwellings. The proposed Additional Dwelling Unit (ADU) (Attached) would be located
within the basement of the existing townhouse dwelling on the subject property. The interior side
yard is 1.2 metres and the lot width of the subject property is 7.5 metres. Accordingly, minor
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variances arerequested to permit the minimum interior side yard setback to be1.2 metres and the
minimum lot width (external unit) to be 7.5 metres, rather than the required 2.5 metres and 9.5
metres, respectively, indicated in Zoning By-law 2019-051 Section 7.3. While theregulations set out
in Section 7.3 do not apply to existing townhouse dwellings on existing lots, the proposed ADU
(attached) would be a new addition, and as such, minor variances are required.
The proposed alterations to the exterior of the dwelling are a window, window well, and a door at
grade. These additions are proposed for the left side of the unit, facing the existing side yard entrance
walkway.
Figure 1 Aerial Photo of Subject Property
Figure 2 Site Plan
Figure 3 Side Elevation Drawing
Staff visited the subject property on June 28, 2023.
Figure 4 Front View Photo from Site Visit
Figure 5 Interior Side Yard Setback 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 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. The proposed ADU (Attached) is a
permitted use and conforms to the land use designation, as the low-rise built form is maintained, and
the gentle intensification of housing is supported. Therefore, the minor variance meets the general
intent of the Official Plan.
General Intent of the Zoning By-law
Minimum Interior Side Yard Setback:
The intent of the 2.5 metre interior side yard setback requirement is to ensure that there is adequate
access to the rear yard and distance between adjacent properties. The existing interior side yard
setback of 1.2 metres currently provides adequate access to the rear yard, and the proposed door
to the ADU (attached) is proposed to be at grade, so there will be no obstructions to rear yard access.
As such, staff are of the opinion that the 1.2 metre setback meets the general intent of the Zoning
By-law.
Minimum Lot Width (External Unit):
The intent of the 9.5 metre minimum lot width requirement is to ensure that the lot is of adequate
size for the external townhouse dwelling unit with the required interior side yard setback of 2.5
metres. When the townhouse dwelling was constructed the minimum lot width and side yard setback
were 7.5 metres and 1.2 metres respectively. Duplexing was also permitted in Zoning By-law 85-1.
Staff is of the opinion that this size lot will continue to function appropriately with an ADU and that
the variance for lot width meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variance can be considered minor as the proposed ADU (attached) would be within the
basement portion of an existing townhouse dwelling, and therefore there are no new structures
proposed. It is the opinion of staff that as the proposed door is at grade, and the existing interior side
yard setback provides adequate rear yard access, the effect on adjacent properties would be minimal
and therefore will not negatively impact the existing character of the subject property or surrounding
neighbourhood.
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 lot as it will facilitate a gentle
intensification of the existing townhouse dwelling with minimal alterations to the exterior of the existing
unit, which include a window and a door at grade in the side yard.
Environmental Planning Comments:
Environmental Planning has no concerns.
Heritage Planning Comments:
Heritage Planning has no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. An application has been made to
change the use to a duplex and it is currently under review.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Parks/Operations Division has no concerns.
Transportation Planning Comments:
Transportation Planning has no concerns.
Region of Waterloo Comments:
The Region of Waterloo has no concerns.
Grand River Conservation Authority Comments:
Grand River Conservation Authority has no 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 to 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 informa
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
June 30, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (5) 08 WEBER KIT, 15 DELLROY AVENUE
Kitchener, 2296342 ONTARIO INCORPORATED
ON N2G 4G7
(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.
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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-ykf/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
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@Kitchener.ca
3
June 29, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July18, 2023
Applications for Minor Variance
A 2023-077176 Indian Road
A 2023-07835 Fifth Avenue
A 2023-07955 Rockcliffe Drive
A 2023-08015 Dellroy Avenue
A 2023-081333 Pine Valley Drive
A 2023-082685 Frederick Street
A 2023-08315 Kenora Drive
A 2023-084151 Frederick Street
A 2023-085920 Keewatin Place
A 2023-08730-40 Margaret Avenue
Applicationsfor Consent
B 2023-02597 Second Avenue
B 2023-02630-40 Margaret Avenue
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 arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority