HomeMy WebLinkAboutDSD-2023-308 - A 2023-083 - 15 Kenora 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 2
DATE OF REPORT: July 4, 2023
REPORT NO.: DSD-2023-308
SUBJECT: Minor Variance Application A2023-083 15 Kenora Drive
RECOMMENDATION:
That Minor Variance Application A2023-083 for 15 Kenora Drive requesting relief from the
following sections of Zoning By-law 2019-051:
i) Section 5.3.3 a) i) to permit a required parking space to be located 2.6 metres from the
street (property) line instead of the minimum required 6 metres to facilitate the conversion
of the attached garage into living space for the existing single detached dwelling; and
ii) Section 4.1 e) to permit an accessory structure in the exterior side yard, whereas the
Zoning By-law does not permit accessory structures in the exterior side yard;
generally in accordance with drawings prepared by JR Design and Consultants, dated
January 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to permit an existing accessory structure
in the exterior side yard, as well as the conversion of an attached garage into living space.
The key finding of this report is that the minor variances meet 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 a rectangular through lot which fronts Kenora Drive and Wren Place.
on Map 2 Urban Structure and is
Low Rise on Map 3
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Low Rise Residential Two Zone(RES-2-law 2019-051.
The purpose of the application is to review minor variances to allow the conversion of an attached
garage into living space, as well as to allow an existing accessory structure in the exterior side yard.
The attached garage is currently 6 metres from the street line and is proposed to be converted into
additional living space. The required parking space to replace the garage is proposed to be in the
driveway and will be located 2.6 metres from the street (property) line. The subject property also
contains an accessory structure (shed) in the exterior right side yard, which is currently used for pool
maintenance. The accessory structure (shed) is approximately 4 square metres in area. Accordingly,
minor variances are requested to permit that the required parking space be located 2.6 metres from
the street (property) line, instead of the minimum required 6 metres indicated in Section 5.3.3 a) i)
of Zoning By-law 2019-051, and to permit the accessory structure (shed) in the exterior side yard,
whereas the structure is prohibited by Section 4.1 e) of Zoning By-law 2019-051.
The existing accessory structure (storage shed) located within the driveway, abutting the subject
property, is to be demolished.
Figure 1 Ariel Photo of Subject Property
Figure 2 Site Plan
Figure 3 Front View Photo from Site Visit
Figure 4 Existing Accessory Structure (Shed) in Exterior Side Yard
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 Land Use. The intent of the
Low Rise Residential designation is to permit a variety of low-density residential uses with an
emphasis on compatibility with the built form, height, massing, scale, and design. The proposed
required parking space does not conflict with low-rise built form of the neighbourhood, as several
adjacent properties currently use their driveways for this purpose. Given that the existing accessory
structure (shed) is inferior to the subject property, and the exterior is comprised of the same material
as the existing fence, staff are of the opinion that it aligns with the general intent of the Official Plan.
General Intent of the Zoning By-law
Minimum Parking Space Distance from Street (Property) Line
The intent of the 6 metre distance from the street (property) line is to ensure that there is adequate
space for additional cars, and that street parking is limited. The proposed parking space in the
driveway provides adequate space for the required parking space, and when the accessory structure
(storage shed) in the driveway abutting the subject property is demolished, there will be adequate
space for an additional parking space. As such, staff are of the opinion that the minor variance meets
the intent of the Zoning By-law.
Accessory Structure in the Exterior Side Yard
The intent of prohibiting accessory structures in the exterior side yard is to ensure that there are no
visibility issues regardingthe principal dwelling. The existing accessory structure (shed) is inferior to
the principal dwelling, as it is 4 square metres in area. The exterior of the accessory structure
corresponds with the existing fence, and there is landscaping around the structure, so there are no
visibility issues regarding the size of the structure or design. As such, staff are of the opinion that the
minor variance meets the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variances can be considered minor as the driveway on the subject property is currently used for
parking space, and the accessory structure (shed) is an existing use which serves a purpose in its
existing location, as it used for pool maintenance. As such, the effect on adjacent properties and
neighbourhood built form compatibility is minimal.
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 variances should
not impact any of the adjacent properties or the surrounding neighbourhood as the uses are existing,
and the proposed development is the conversion of an existing garage.
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. Application has been made for the
addition to the existing single detached dwelling and it is currently under review.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Parks Division has no concerns.
Transportation Planning Comments:
Transportation Services supports a 2.6 metre parking setback from the required 6.0 metre setback.
Grand River Conservation Authority Comments:
Grand River Conservation Authority has no concerns.
Region of Waterloo Comments:
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.
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 inform
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