HomeMy WebLinkAboutDSD-2023-502 - A 2023-130 - 55 Roxborough Avenue
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: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: November 7, 2023
REPORT NO.: DSD-2023-502
SUBJECT: Minor Variance Application A2023-130 55 Roxborough Ave.
RECOMMENDATION:
That Minor Variance Application A2023-130 for 55 Roxborough Avenue requesting
relief from Section 5.4, Table 5-2 a) of Zoning By-law 2019-051, to permit an attached
garage to project 1.7 metres from the habitable portion of the dwelling whereas the
Zoning By-law does not permit attached garages to project beyond the habitable
portion, to facilitate the construction of a new attached garage onto the existing
dwelling, generally in accordance with drawings prepared by Tri-City Drafting and
Design Services, dated August 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of a new attached garage onto the existing dwelling.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at the intersection of Roxborough Avenue and Farnham
Avenue. The subject property currently contains a Single Detached Dwelling.
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Figure 1 Ariel Photo of Subject Property
The subject property is on Map 2 Urban Structure and is
on Map 3
Low Rise Residential Four Zone (RES-4ng By-law 2019-
051.
The property falls under Appendix C - Central Neighbourhood Area in Zoning By-law
2019-051.
The purpose of the application is to review a minor variance in order to facilitate the
construction of a new attached garage onto the existing dwelling. The subject property
currently contains a Single Detached Dwelling, with one-storey storage area attached to
the right of the existing dwelling. The one-storey storage area is approximately 10.6
square meters in area and does not project in front of the existing dwelling. The proposed
attached private garage, containing 1 parking space, will replace the existing one-storey
storage area and will be approximately 19.6 square meters in area. The proposed
attached private garage meets the Zoning By-law requirements for parking space
dimensions, as it is approximately 3.2 metres by 5.8 metres. It will be located
approximately 7.4 metres from the street (property) line.
The proposed attached private garage will project 1.7 metres beyond the front façade of
the existing dwelling. The subject property falls under Appendix C Central
Neighbourhood Area, and Zoning By-law 2019-051 Section 5.4, Table 5-2 a) does not
permit an attached private garage on a Single Detached Dwelling to project beyond the
front façade of the habitable at grade portion of the dwelling unit. Accordingly, a minor
variance is requested to permit the proposed attached private garage to project 1.7 metres
beyond the front façade of the existing dwelling.
st
Staff conducted a visit to the subject property on November 1, 2023.
Figure 1 Photo from Site Visit
Figure 2 Site Plan
Figure 3 South Building Elevation
Figure 4 Main Floor Proposed Plan
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
Land Use. This
designation permits single detached dwellings, additional dwelling units (attached and
detached), semi-detached dwellings street townhouse dwellings, townhouse dwellings in a
cluster development, low-rise multiple dwellings, special needs housing, and other forms
of low-rise housing. This designation places emphasis on compatibility of building form
with respect to massing, scale, and design in order to support the successful integration of
different housing types. It also places emphasis on the relationship of housing to adjacent
buildings, streets, and exterior areas. It is the opinion of staff that as there will be no
changes to the existing use, the variances to facilitate the attached garage will meet the
general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of not permitting an attached private garage to project beyond the front façade
of the habitable portion of the dwelling within Central Neighbourhoods Area is to ensure
that new development does not disrupt the character of the Central Neighbourhoods Area.
Staff are of the opinion that the proposed design of the attached garage is line with the
existing dwelling and surrounding neighbourhood, as shown in Figure 3. As such, the
variances to facilitate the attached garage meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Planning staff is of the opinion that the requested variance is minor, as the projection of
1.7 metres will not adversely impact the character of the neighbourhood, streetscape, and
adjacent properties.
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 variance is appropriate for the development or use of the
land, as its proposed location will allow the retention of an existing laundry room at the
rear and the provision of an enclosed parking space. The applicant has demonstrated
through building and site design that the proposed addition will not have adverse impacts
on the adjacent properties and will be compatible with the character of the neighbourhood.
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. A Building Permit
Application has been made for the attached garage and it is currently under review.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Parks/Operations Division staff have no concerns.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
Region of Waterloo Comments:
The Region of Waterloo has no concerns.
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 2019-051
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.
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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