HomeMy WebLinkAboutDSD-2024-036 - A2024-009 - 169 Otterbein RdREPORT TO:Committeeof Adjustment
DATE OF MEETING:January 16, 2024
SUBMITTED BY:Tina Malone-Wright, Manager, Development Approvals
519-741-2200ext. 7765
PREPARED BY:Arwa Alzoor, Planner, 519-741-2200 ext. 7847
WARD(S) INVOLVED:Ward1
DATE OF REPORT:December 27, 2023
REPORT NO.:DSD-2024-036
SUBJECT:Minor Variance Application A2024-009-169 Otterbein Road
RECOMMENDATION:
That Minor Variance Application A2024-009for169 Otterbein Roadrequesting relief
from Section 7.3,Table 7-2,of Zoning By-law 2019-051 to permita rear yard setback
of 2 metres instead ofthe required 7.5 metres,to facilitate the construction of a new
detached dwelling,generally in accordance with drawings prepared by J.D. Barnes
Ltd.,dated November 30, 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report isto review aminor variance applicationto facilitate the
construction of a new Detached Dwelling on a vacant lot.
The key finding of this report isthat the minor variance meets the four tests of the
Planning Act.
There are nofinancial 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 City’s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is locatedat the Grand River North neighbourhood south of Victoria
Street North and east of Lackner Boulevard
The subject property is identified as a ‘Community Areas’on Map 2 –Urban Structure and
is designated ‘Low Rise Residential’ on Map 3 –Land Use in the City’s 2014 Official Plan.
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The property is zoned ‘Low Rise Residential Four Zone (RES-4)’ in Zoning By-law 2019-
051.
Figure 1:The proposed property on the Zoning Map.
Figure 2:The proposed property on an aerial view.
The purpose of the applicationis to review aminor variance application to construct a new
two-storey detached dwellingona vacant corner lotthat will be about 8.0 metres in height.
Zoning By-law 2019-051states that the front lot line of a corner lot is the shorter lot line
abutting a street, meaning that the lot fronts Dunnigan Drive.Moreover, dueto the lot's
irregular shape and the orientation of the lotin relation to the street and the roundabout. In
addition, the garage is set as per the grading plan recommendation. The proposed design
requiresa variance for the rear yard to be 2 meters instead of the required 7.5 metres.
Figure 2: The proposed Site Plan drawing.
Figure 3:The proposed rear elevation.
Staff visited the subject property on December 29,2023.
Figure 4:Picture of the exterior side yard.
Figure 5: Picture of the site from the corner.
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, Planningstaff offers the following
comments:
General Intent of the Official Plan
The subject property is designated ‘Low Rise Residential’ on Map 3 –Land Use. This
designation places emphasis on the 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. The use of the property for a newtwo-storeyDetached Dwelling conforms
to the land use designation. Accordingly, the variance to facilitate the new Detached
Dwellingmeetsthe general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of Section 7.3, Table 7-2, is to ensure that the built form of residential dwellings
is appropriate for the lot and the surroundingneighbourhood. The minimum rear yard
setback requirement is to ensure private amenity space for residents, as well as adequate
separation between buildings on adjacent properties.The deficient rear yard setback in
this location will abut a public walkwayblock. Staff isof the opinion that the minor variance
meets the intent of the Zoning By-law, as the front and the exterior yard still provide
adequate private amenity spaceand an adequate setback from the neighbouring use is
still maintained.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variance is minor. The privacy concerns related to
adjacent properties are minimal as there arelimitedwindows proposed onthe portion of
the buildingfacing the technical rear yard. In addition, the varianceis created due to the
property shape and orientationin relation to the street and the roundaboutand based on
the grading plan design to locate the garage and the driveway accessfurthest away from
the roundabout.Only part of the rear wall that contains the garage and a second floor
abovewill be 2 metres; the remaining part of the rear wall will be more than 6.0 metres
away from the rear lot line. Theproposal will provide a sufficient amount of amenity space
in the exterior yards.As such, the reduced rear yard setback does not have any significant
impacts onadjacent properties or the overall neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Planningstaff is of the opinion that the variance to reduce the minimum rear yard setback
is appropriate for the desirable developmentand useof the landsas it willfacilitate a new
detached dwelling, increasing the functioning ofthe location of and desirability of this
residential propertyabutting a roundabout.
Environmental Planning Comments:
No natural heritage concerns or tree management concerns.
Heritage Planning Comments:
No concerns.
BuildingDivisionComments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been submitted and is currently under review.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No Comments.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
Grand River Conservation Authority Comments:
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 are not subject to Ontario Regulation 150/06
and, therefore, a permission from GRCA is not required.
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 City’s website with the agenda in advance
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 information onthe City’s website or by emailing the
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)
APlace to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051