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Home My WebLink AboutDSD-2024-109 - 50 Falconridge Drive - A 2024-019 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 19, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician, 519-741-2200 ext. 7844 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: March 8, 2024 REPORT NO.: DSD-2024-109 SUBJECT: Minor Variance Application A2024-019 50 Falconridge Drive RECOMMENDATION: That Minor Variance Application A2024-019 for 50 Falconridge Drive requesting relief from Section 4.1 d) of Zoning Bylaw 2091-051 to legalize an existing accessory structure in the rear yard of a single detached dwelling having a height of the underside of the fascia of 3.7 metres instead of the maximum permitted 3 metres, generally in accordance with drawings submitted with Minor Variance Application A2024-019, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to legalize an existing accessory structure in the rear yard of a single detached dwelling. The key finding of this report is that the requested minor variance meets all of 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 and this report was posted to the Ci 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. Location of accessory building in rear yard of subject property. Figure 1 - Location Map BACKGROUND: The subject property is located on the north side of Falconridge Drive, east of Woolwich Street and is used as a single detached dwelling. It is identified as Community Area on Map 2 Urban Structure and is designated Low Rise Residential on Map 3 Land Use i The property is zoned Low Rise Residential Two Zone (RES-2) in Zoning By-law 2019- 051. The purpose of the application is to legalize an existing accessory structure in the rear yard of a single detached dwelling. Staff conducted a site visit of the property on March 4, 2024. AMENDMENT: In regard to the public notification that was circulated before this meeting requesting fascia height of 5.5 metres, staff would like to clarify the measurement. It was taken from the photo submitted with the application that had text stating less than 5.5 metres. However, in detailed drawings, that were also submitted with the application, staff note that the height to the higher fascia is more accurately shown as 3.7 metres (see Figure 2 - Drawing of shed elevation below). Staff recommends that this variance be amended to update the request as shown in the Recommendation section above which requestsa fascia height of 3.7metres(not 5.5 metres as originally circulated). Figure 2 - Drawing of shed elevation to right shows the fascia height to be no more than 3.7 metres. (10.6 ft + 1.8 ft = 12.3 ft = 3.7 m) Figure 3 - View of property from street. REPORT: In considering the four tests for the minor variance 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 the designation Low Rise Residential designation in the Official Plan is to accommodate a range of low-density housing types including subject single detached dwellings and accessory structures. The policies do not directly address building height of accessory buildings. It only comments on building height for the main dwelling(s) which is 11 metres. Staff is of the opinion that variance will maintain the intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum fascia height regulation from grade to fascia for a shed is to ensure that accessory structures do not dominate the rear yard of properties and do not adversely impact adjacent properties. The shed was built so that the fascia is lower and meets the 3 metre height restriction towards the neighbour to the rear lot line and the building is also set back the minimum required 0.6 metres from the rear lot line. The roof slopes up towards the main dwelling. (see Figure 4). Figure 4 - View of accessory structure from the right side. Figure 5 - View of accessory structure from the left side. The left side of the structure is located 0.7 metres from the left side yard. Though the height of the fascia towards the main building is greater than 3 metres, the impact is lessened by 0.7 metre setback and the fact that only one side of fascia is 3.7 metres above grade. (see Figure 5). As the shed meets the minimum required setbacks, and the maximum fascia height on one side, the variance to permit an increase of in height will maintain the intent of the Zoning By-law. Figure 6 - Location drawing of shed Is/Are the Effects of the Variance Minor? The effect of having one side fascia of the shed to be 3.7metres rather than 3 metres is a difference of 0.7 metres. The shed is not a large building, such as a garage, and the impact of the higher roof line which faces toward the main house is considered minor by staff. There have been no complaints by by another department. Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate as it will legalize the shed in the rear yard and allow it to continue to be used as part of the amenity area for the owners. It is not a large structure in relation to the overall area of the rear yard and as noted does not adversely impact adjacent properties. Heritage Planning Comment: No concerns. Building Comment: The Building Division has no objections to the proposed variance. Engineering Comment: No concerns. Parks/Operations Division Comment: No concerns. Transportation Planning Comment: 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 February 26, 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 March 19, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 017 31 Belmont Avenue West 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 (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. 2) A 2024 018 351 Blucher Boulevard 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 stationary noise sources 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 019 50 Falconbridge Drive No concerns. 4) A 2024 - 020 499 Forest Hill Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 5) A 2024 - 021 132 Dalewood Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЊЌЍЊЍ tğŭĻ Њ ƚŅ Ћ located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 022 167 Forfar 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 (road traffic & Railway, and 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. 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 March 7, 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 March 19, 2024 Applications for Minor Variance A 2024-01731 Belmont Avenue West A 2024-018351 Blucher Boulevard A 2024-01950 Falconridge Drive A 2024-020499 Forest Hill Drive A 2024-021132Dalewood Drive A 2024-022167 Forfar Avenue Applicationsfor Consent B 2024-004546-548 Peach Blossom Court B 2024-005680 Frederick Street 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