HomeMy WebLinkAboutDSD-2024-041 - A2024-002 - 44 Patricia AveREPORT TO:Committee of Adjustment
DATE OF MEETING:January 16, 2024
SUBMITTED BY:Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY:Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED:Ward9
DATE OF REPORT:January 3, 2024
REPORT NO.:DSD-2024-041
SUBJECT:Minor Variance Application A2024-002 -44 Patricia Avenue
RECOMMENDATION:
That Minor Variance Application A2024-002 for 44 Patricia Avenue requesting relief
from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an interior side
yard setback of 0.5 metres instead of the minimum required 1.2 metres,to facilitate
the construction of a second storey addition above the existing attached garage of
the detached dwelling,generally in accordance with the drawingsprepared by
Chicopee Craftsman,dated October 31, 2023,BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review aminor variance applicationto facilitate the
construction of a second storey addition above the existing garage of the detached
dwellinglocated at 44 Patricia Avenue.
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 this report was posted to theCity’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 located within St. Mary’s Neighbourhood with the closest
intersection being Spadina Road Westand Patricia Avenue,north of St. Mary’s General
Hospital.
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The subject property is identified as ‘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.
The property is zoned ‘Residential Four Zone (RES-4)’ in Zoning By-law 2019-051.
The applicant would like to construct a second storey addition above the existing attached
garage to expand more living space for the existing detached dwelling. The proposed
addition requires a minor variance as the existing attached garage is only located 0.5
metres from the west property line instead of the minimum required1.2 metres.
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City staff has conducted a site visit on December 29, 2023.
Figure 1: Aerial view of the subject property at 44 Patricia Avenue
Figure 2: Front view of the existing property
Figure 3: Proposed Front View With Addition
Figure 4: Proposed View of the Addition from the Rear
Figure 5: Second storey addition (highlighted building wall closest to side yard)
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’ in the City’s Official Plan.The
intent of this land use designation is to permit a variety of low-densityresidential uses.
Official Plan Policy 4.C.1.8 specifies criteria that should be considered where a minor
variance is requested. Subsection ‘d’ is of relevance to the requested variance and
specifies that the variance should be reviewed to ensure that “new buildings, additions,
modifications and conversions are sensitive to the exterior areas of adjacent properties
and that the appropriate screening and/or buffering is provided to mitigate any adverse
impacts, particularly with respect to privacy”. The second storey addition will maintain the
existing setback of the attached garage and remain sensitive to the 1 storey neighbouring
property with respect to privacy. The general intent of the Official Planwill be maintained.
General Intent of the Zoning By-law
The general intent of the zoning regulation requiring a1.2 metre side yard set back from
aninterior side lot line is to provide adequate distance from neighbouring properties for
access and maintenance without affecting the privacy or adverselyimpactingthe
neighbouring properties. The second storey addition does not have any window openings
facing the side yard of the neighbouring property and is proposing to have the new window
facing the rear yard. As the 0.5 metre side yard has functioned appropriately for many
years staff is of the opinion that the requested variance to allow the 0.5 metre side yard
setback instead of 1.2 metres 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 effects of the requested variance will beminor as the addition
will be an extension of the existing 2 storey dwelling over anexisting attached garage. The
addition will be located the same distance from the lot line as the existing attached garage
and contain no window openings on this exterior wall. The existing neighbourhood is a mix of
one and two storey dwellings and there will be minimum privacy concerns with the extension
of the second storey of the detached dwelling.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Planning staff is of the opinion that the requested variance is desirable and appropriate as
it will facilitate the expansion of interior living space for the residents of the dwelling,
increasing the functioning and desirability of the residential property.
Environmental Planning Comments:
No Environmental Planning concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for thesecond storey addition is obtained prior to construction. Please contact the Building
Division at building@kitchener.cawith any questions.
Engineering Division Comments:
No comment.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services does not have any concerns with 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 –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 on the 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)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law2019-051