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Home My WebLink AboutDSD-2024-082 - 50 Mountain Mint Crescent - A 2024-015 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 5 DATE OF REPORT: February 7, 2024 REPORT NO.: DSD-2024-082 SUBJECT: Minor Variance Application A2024-015 50 Mountain Mint Crescent RECOMMENDATION: That Minor Variance Application A2024-015 for 50 Mountain Mint Crescent requesting relief from Section 4.12.3 i) of Zoning By-law 2019-051 to permit a minimum lot width of 9.6 metres instead of minimum required 13.1 metres to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear of the existing Single Detached Dwelling, generally in accordance with drawings prepared by Southwood Homes, dated January 4, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached). 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 in the Laurentian West neighbourhood with the closest intersection at Fischer Hallman Road and Ottawa Street South. The subject property is identified as Community Areas Low Rise Residential on Map 3 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Low Rise Residential Four Zone (RES-4-law 2019- 051. The applicant would like to construct an Additional Dwelling Unit (Detached) in the rear yard. The proposed development requires a minor variance as the existing pie-shaped lot has a deficient narrow front lot width for a Detached ADU. Figure 1: Aerial view of the subject property Planning staff conducted a site inspection on Friday, February 2nd, 2024. Figure 2: Site Plan Figure 3: Front view of the site 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 intent of this land use designation is to permit a variety of low-density residential uses including Additional Dwelling Units (ADUs), both Attached and Detached. The minor variance to permit an ADU on the subject lot meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the zoning regulation requiring a 13.1 metre lot width is to ensure adequate emergency access, a 1.1 metre wide walkway, and that there is sufficient space in the rear yard for amenity and an additional dwelling unit on the property. As shown in the site plan, the proposed development meets the required emergency access and the lot area is 798.4 m2, which is significantly greater than the minimum required 395 m2 lot area. Staff is of the opinion that the requested variance to allow a reduced lot width 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 be minor as the reduced lot width does not have any significant impacts to the adjacent properties or the overall neighbourhood and will not inhibit the functioning of the subject property to provide an additional dwelling unit. 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 a gentle Environmental Planning Comments: No natural heritage or Tree Preservation Areas in this part of Mountain Mint Cres. No concerns. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance provided 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: The side yard currently accommodates overland stormwater flows from the rear yard. A sidewalk is required to the rear yard in accordance with the Zoning By-law. The final grading of this property shall not adversely affect the drainage of adjacent properties or the overall grading control plan. The Owner is responsible to address storm water drainage at the Building Permit stage. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with this 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 2019-051 January 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 12/ 628 NEW DUNDEE ROAD FUSION HOMES Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting February 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 012 628 New Dundee Road No Concerns. 2) A 2024 013 49 Madison Avenue North There are no concerns/conditions for this application. However, the applicants are advised that the existing and the proposed dwellings would have impacts from environmental noise from environmental noise (transportation & stationary) in the vicinity, 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 2024 014 132 Merner Avenue There are no concerns/conditions for this application. However, the applicants are advised that the existing and the proposed dwellings may have impacts from environmental noise from environmental noise from the local municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎВЊЏЎВ tğŭĻ Њ ƚŅ Ћ 4) A 2024 - 015 50 Mountain Mint Crescent No concerns. 5) A 2024 - 016 962 Guelph Street No concerns. 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 February 2, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting February 20, 2024 Applications for Minor Variance A 2024-012628 New Dundee Road A 2024-01349 Madison Avenue North A 2024-014132 Merner Avenue A 2024-01550 Mountain Mint Crescent A 2024-016962Guelph Street Applicationfor Consent B 2024-003140 Highland Road East 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