HomeMy WebLinkAboutDSD-2023-301 - A 2023-081 - 333 Pine Valley 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: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: June 30, 2023
REPORT NO.: DSD-2023-301
SUBJECT: Minor Variance Application A2023-081 333 Pine Valley Drive
RECOMMENDATION:
That Minor Variance Application A2023-081 for 333 Pine Valley Drive requesting relief from
Section 4.1 d) of Zoning By-law 2019-051, to permit a detached accessory structure to have
a maximum height of 4.5 metres to the underside of the fascia instead of the maximum
permitted 3 metres, generally in accordance with drawings prepared by Arcadia Design,
dated April 11, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit the construction of
a detached accessory structure on the property.
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 on Pine Valley Drive between Apple Ridge Drive and Ridgemere
Court. The current use of the property is a single-detached dwelling
The subject property is Community Area Urban Structure and is designated
Low Rise Residential
Low Rise Residential Four Zone (RES-4-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.
Figure 1 333 Pine Valley Drive (Subject Property)
Figure 2 Rear Yard of Subject Property
The application is requesting relief from Section 4.1 d) of Zoning By-law 2019-051 to permit a
detached accessory structure to have a maximum height of 4.5 metres to the underside of the fascia
instead of the maximum permitted 3 metres. The requested minor variance will facilitate the
construction of a pool deck and cabana in the rear yard of the property. Due to the grading of the
rear yard of the property, the rear portion of the structure will be 4.5 metres in height to the underside
of the fascia, however the front portion of the structure will maintain the maximum permitted 3.0
metres in height to the underside of the fascia. This is illustrated in Attachment
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
designation is to emphasize the compatibility of building form with respect to massing, scale and
design in order to support the successful integration of different building types. It also places
emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas. Staff is
of the opinion that the requested variance to facilitate the construction of a detached accessory
structure conforms to the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of Section 4.1 d) of Zoning By-law 2019-051 which limits the height to the underside of
the fascia to 3 metres is to ensure that accessory structures are not excessive in height and to ensure
that neighbouring properties do not face blank walls. Due to the slope of the subject property, the
rear portion of the rear yard is significantly lower than the front portion of the rear yard. As such, the
rear wall of the accessory structure must be 1.5 metres longer than the front wall. The structure
meets the 3 metres height maximum to the underside of the fascia at the front wall. There are also
no properties adjacent to the rear property line, meaning no neighbours would be impacted by the
variance. Staff is of the opinion that the requested variance meets the general intent of the Zoning
By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the effects of the variance are minor. The structure will be setback from
the side lot line 1.9 metres at the shortest height and setback 6.6 metres from the side lot line at the
highest height. The increase in height to the underside of the fascia of 1.5 metres will really only
impact the view of the property from the rear, where there are no adjacent neighbouring properties.
The height of the proposed accessory structure will be compatible with existing buildings on the
subject property and will not conflict with the character of the surrounding neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Staff is of the opinion that the requested variance is appropriate for the development and use of the
land. The height, scale, and massing of the proposed detached accessory structure are compatible
with the existing character of the surrounding neighbourhood.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the new
pool cabana is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning 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 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
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 Full Site Sketch
Attachment B Rear of Pool Cabana
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