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.
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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