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HomeMy WebLinkAboutDSD-2023-492 - A 2023-126 - 117 Ingleside Drive Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: November 8, 2023 REPORT NO.: DSD-2023-492 SUBJECT: Minor Variance Application A2023-126 117 Ingleside Drive RECOMMENDATION: That Minor Variance Application A2023-126 for 117 Ingleside Drive requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.12.3 e) to permit a lot to have a width of 8.7 metres instead of the minimum required 13.1 metres; and ii) Section 4.12.3.1 a) b. to permit the minimum side yard setback of the principal dwelling, a semi-detached dwelling, to be 1.3 metres instead of the minimum required 2.5 metres; to facilitate an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property generally in accordance with drawings prepared by Milton Gomez, dated October 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. The key finding of this report is that the proposed 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 t Committee of Adjustment meeting. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property is locatedon Ingleside Drive between Hazelglen Drive and Dalegrove Drive. The existing building is a semi-detached dwelling. Figure 1 Location of Subject Property Community Areas Urban Structure and is Low Rise Residential Land Low Rise Residential Four Zone (RES-4-law 2019- 051. The purpose of the application is to provide relief from the Zoning By-law to facilitate an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. The requested relief from Section 4.12.3 e) to permit a lot to have a width of 8.7 metres instead of the minimum required 13.1 metres is necessary due to the shape of the lot. The lot width is narrow at the front yard and expands significantly towards the rear yard. The requested relief from Section 4.12.3.1 a) b. is to permit a side yard setback of 1.3 metres instead of the minimum required 2.5 metres for a lot containing a semi-detached dwelling. The angled side lot line creates a scenario where the principal dwelling has a setback of 1.3 metres at the front of the dwelling and 3.3 metres at the rear of the dwelling. The requested variances will facilitate the construction of an ADU (Detached) in the rear yard of the subject property. Figure 2 Subject Property Figure 3 Proposed Access 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 - This designation permits a full range of low density housing types including duplexes, additional dwelling units, and other forms of low-rise housing. The intent of this designation is to ensure compatibility of building form, with respect to massing, scale and design in order to support the successful integration of a range of building types. It also places emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas. As the proposed semi-detached dwelling with an ADU (Detached)is permitted within the land use designation, Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law Minimum Lot Width for a Lot Containing an ADU (Detached): The requested variance from Section 4.12.3 e) of Zoning By-law would permit a lot to have a width of 8.7 metres instead of the minimum required 13.1 metres for a lot containing an ADU (Detached). The intent of this regulation is to ensure that there is adequate space to construct an ADU (Detached) in the rear yard of the subject property. The shape of the subject property is pie-shaped in nature, resulting in a rear yard where the lot width is 14.2 lot width at the narrowest point where the ADU (Detached) will be located is 13.25 metres. The proposed ADU (Detached) complies with the required setbacks for an ADU (Detached) outlined in Section 4.12.3. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Minimum Side Yard Setback for the Principal Dwelling: Section 4.12.3.1 a) b. of Zoning By-law 2019-051 requires a minimum side yard setback of 2.5 for the principal dwelling on a lot containing an ADU (Detached), where the principal dwelling is a semi-detached dwelling. The requested variance is to permit the minimum side yard setback of the principal dwelling to be 1.3 metres instead of the required 2.5 metres. The intent of the Zoning By-law is to ensure that there is adequate space within the side yard of the subject property to provide access an ADU (Detached) in the rear yard. The angled side lot line creates a scenario where the principal dwelling has a setback of 1.3 metres at the front of the dwelling and 3.3 metres at the rear of the dwelling. The proposed walkway access will meet the minimum requirement of 1.1 metres. 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 requested variances to permit a lot to have a width of 8.7 metres instead of the minimum required 13.1 metres and to permit a minimum side yard setback of 1.3 metres instead of the required 2.5 metres for a lot containing semi-detached dwelling are considered minor. The requested variances will not have any visual impacts on neighbouring properties or the existing streetscape character. 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 variance is desirable and appropriate for the use of the land as it will support a gentle intensification of the property, will make use of existing infrastructure, and support the Environmental Planning Comments: The proposed ADU is to be 2.5 metres from rear/side lot lines. Any trees on adjacent properties should be far enough away in this case and not be impacted. No tree management condition required. GRCA Comments: GRCA has no objection to this application. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the detached additional dwelling unit is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No engineering concerns. Parks/Operations Division Comments: Advisory comment revised. No parks/operations concerns. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo Comments: There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer-Hallman Road (RR#58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 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 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 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 with Elevations Attachment A Site Plan with Elevations October 31, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 64, Kitchener, ON N2G 4G7 CHARLES KING STIRLING DOV CAPITAL CORPORATION (5) 06 QUEEN, 588 600 QUEEN STREET SOUTH DANBLO HOLDINGS INC (7-10) VAR KIT, 55 FRANKLIN STREET SOUTH 55 FRANKLIN GP INCORPORATED (11,12) VAR KIT, 52 EDGEHILL DRIVE JAMES & BEVELEY MELLISH Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 125 787-851 King St E, 432 Charles St E & 5 Stirling Ave S The following comments are provided: a) There are no concerns provided the areas between the 110m sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly, as confirmed by the City consultant. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎЊЉЍВЍ tğŭĻ Њ ƚŅ Ќ b) The minor variance of the addition of a daycare facility is proposed. The applicants are advised that a daycare facility is a noise-sensitive land use and must be considered in the detailed noise study to assess the noise mitigation measures and would be implemented accordingly through a registered agreement as may be applicable for the proposed development. 2) A 2023 - 126 117 Ingleside Drive There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer- Hallman Road (RR #58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 127 52 Sabrina Crescent No Concerns 4) A 2023 - 128 76 Dunham Avenue No Concerns. 5) A 2023 - 129 600 Queen Street South There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. 6) A 2023 130 55 Roxborough Avenue No Concerns. 7) A 2023 - 131 55 Franklin Street South No Concerns. 8) A 2023 - 132 59 Franklin Street South No Concerns. 9) A 2023 - 133 50 Elgin Avenue No Concerns. 10) A 2023 - 134 54 Elgin Avenue No Concerns. 11) A 2023 - 135 52 Edgehill Drive (retained) No Concerns. 12) A 2023 - 136 52 Edgehill Drive (severed) No Concerns. 2 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 November 1, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting November 21, 2023 Applications for Minor Variance A 2023-126117 Ingleside Drive A 2023-12752 Sabrina Crescent A 2023-12876 Dunham Avenue A 2023-129600 Queen Street South A2023-13055 Roxborough Avenue A 2023-131-13455-59 Franklin Street South & 50-54 Eighth Avenue A 2023-13552 Edgehill Drive A 2023-13652 Edgehill Drive Applicationsfor Consent B 2023-041150 Marlborough Avenue B 2023-04252 Edgehill 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 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