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Home My WebLink AboutDSD-2023-499 - A 2023-127 - 52 Sabrina Crescent 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: Sheryl Rice Menezes, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 4 DATE OF REPORT: November 10, 2023 REPORT NO.: DSD-2023-499 SUBJECT: Minor Variance Application A2023-127- 52 Sabrina Crescent RECOMMENDATION: That Minor Variance Application A2023-127 for 52 Sabrina Crescent requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit a required parking space to be located 0 metres from the street (property) line instead of the minimum required 6 metres; and relief from Section 5.3.1, Table 5-1, of Zoning By-law 2019- 051 to permit one (1) of the required parking spaces to have a width of 2.5 metres instead of the minimum required 2.6 metres to accommodate two side-by-side parking spaces for a proposed Additional Dwelling Unit (ADU) (Attached), a Duplex, generally in accordance with drawings prepared by Thinkform Architecture + Interiors, dated Revision No. 6, 2023.09.20, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application for parking to permit a conversion from a single detached dwelling to a single detached dwelling with one (1) Additional Dwelling Unit (ADU) (Attached) (Duplex). The key finding of this report is that the requested minor variances meet all 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 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 located on the north side of Sabrina Crescent and currently is used as a single detached dwelling. Figure 1: Ariel View of Subject Property The subject property is Community Area Urban Structure and is on Map 3 Low Rise Residential Two Zone (RES-2-law 2019- 051. The purpose of the application is for parking variances to permit the conversion of the garage of the existing single detached dwelling into living space to accommodate an attached additional dwelling unit (duplex). st Staff conducted a visit to the subject property on November 1, 2023. Figure 2: Front View of Subject Property Staff note that the original application showed three-man doors oriented towards the street. It is noted that currently the zoning bylaw does not regulate the maximum number of doors for a duplex use. Though the number of doors is of consideration for other dwelling types, such as three units or more. However, the owner has agreed to modify the design, as submitted and shown in the Revision No. 6, date noted in the drawing, to have only two man doors facing the street (see Figure 3 below). This will permit access to the new ground floor unit through what was previously the garage. Figure 3: Proposed Front Elevation Figure 4: Proposed Site Plan The applicant intends to utilize the existing driveway which is 5.1 metres in width instead of the minimum 5.2 metres which is needed to accommodate 2 parking spaces side by side. 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 The intent of the land use designation is to encourage residential intensification and/or redevelopment which includes additional dwelling units in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and services costs by minimizing land consumption and making better use of existing community infrastructure. The proposed parking variance to permit the conversion of the building from a single dwelling to a duplex dwelling maintains the low rise residential built form of the neighbourhood. It is the opinion of staff that the requested parking variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The zoning regulation for one of the two required parking spaces for a duplex use to be located a minimum distance of 6 metres from the front lot line (street line) to ensure that there is sufficient parking for a duplex use should the site only have tandem parking (which is permitted for the use). As well, it ensures that the parking spaces are not all located 0 metres from the street line which could result in vehicles dominating the streetscape. For the subject property, there is sufficient lot width so that having two parking spaces side by side near the front lot line does not dominate the property frontage or the streetscape. The regulation for a minimum parking space width of 2.6 metres is to ensure enough width for the vehicle and for opening and closing the vehicle doors. The variance for one of the parking spaces to be 2.5 metres wide is a deficiency of 0.1 metres which can also be considered minor as it will not impact the use of either parking space. Is/Are the Effects of the Variance(s) Minor? The request to have the parking space variances can be considered minor as there is adequate area to provide the minimum of two parking spaces on the existing driveway. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the parking variances are appropriate for the proposed duplex use as they will provide a gentle form of intensification within the existing building which is appropriate for the use of the property and compatible with the surrounding neighbourhood. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variances. A Building Permit Application has been made for the change of use to a duplex and it is currently under review. Engineering Division Comments: Engineering has no comments. Parks/Operations Division Comments: No comments or concerns. Transportation Planning Comments: Transportation Services can support the proposed application. 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 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 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 201 9-051 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