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Home My WebLink AboutDSD-2024-107 - 499 Forest Hill Drive - A 2024-020 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: Paige Thompson, Planning Student, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: March 6, 2024 REPORT NO.: DSD-2024-107 SUBJECT: Minor Variance Application A2024-020 499 Forest Hill Drive RECOMMENDATION: That Minor Variance Application A2024-020 for 499 Forest Hill Drive requesting relief from the following Sections of Zoning By-law 2019-051: a) Section 5.3.3 a) i) to permit a required parking space to be located 3 metres from the street (property) line instead of the minimum required 6 metres; and b) Table 5-2, c) to recognize the location of the existing driveway, located 4.5 metres from an exterior side lot line abutting Birchcliffe Avenue, instead of the minimum required 7 metres; to facilitate the development of an Additional Dwelling Unit (ADU) (Attached), to facilitate the conversion of Single Detached Dwelling into a Duplex, generally in accordance with drawings prepared by Truetek Engineering, dated January 27, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application for parking to permit a conversion from a Single Detached Dwelling to a Single Detached Dwelling with one (1) Additional Dwelling Unit (ADU) (Attached) (Duplex). 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, s website with the agenda in advance to the Committee of Adjustment meeting. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. This report supports the delivery of core services. BACKGROUND: The subject property currently contains a Single Detached Dwelling and is located on a corner lot at the intersection of Forest Hill Drive and Birchcliff Avenue. Figure 1 Aerial View of the Subject Property Urban Structure and Land Use in Plan. The property is Low Rise Residential Two Zone (RES--law 2019-051. The purpose of the application is to permit a required parking space to be located 3 metres from the street (property) line, and to recognize the location of the existing driveway to be located 4.5 meters from the exterior side lot line to facilitate the creation of one (1) Additional Dwelling Unit (Attached). As per Zoning By-law 2019-051, one (1) parking space is required per unit. Therefore, with the creation of an ADU, two (2) parking spaces are permitted in tandem. The attached garage can be the location of one of the required parking spaces, however, with the addition of the stairs located toward the rear end of the garage leading to the ADU, the garage does not meet the 5.5 metre length requirement. As a result, both required parking spaces must be located on the driveway, 3 metres from the street (property) line and 4.5 metres from the exterior side lot line. th Staff conducted a visit to the subject property on March 7, 2024 Figure 2 Photo of Subject Property Figure 3 Site 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 offer the following comments: General Intent of the Official Plan The intent of the land use designation is to encourage residential intensification and/or redevelopment which includes additional dwelling units to respond to changing housing needs and as a cost-effective means to reduce infrastructure and services costs by minimizing land consumption and making better use of existing community infrastructure. The proposed parking variances to permit the conversion of the building from a single swelling to a duplex dwelling maintains the low rise residential built form of the neighbourhood. It is the opinion of staff that the requested parking variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of Zoning By-law 2019-051 requires that one (1) of the two (2) required parking spaces for the duplex use must be located 6 metres from the front street (property) line. This regulation ensures that the parking spaces are not all located 0 metres from the street line which could result in vehicles dominating the streetscape. The By-law also requires that the driveway or parking space be located 7 metres from the exterior side lot line. No new alterations are planned for the existing driveway and it currently has a sufficient width that meets the Zoning By-law. Therefore, having two parking spaces side by side near the front lot line does not dominate the property frontage or the streetscape. The general intent of the Zoning By-law will be maintained. Is/Are the Effects of the Variance(s) Minor? The request to have the parking space variances can be considered minor as there is adequate area to provide the minimum two (2) parking spaces on the existing driveway which will not negatively impact the streetscape. Any negative effects of the variances are also diminished with the screening provided by the shrubbery and other vegetation in the exterior side yard. The driveway has existed for several years in its current condition without a history of complaint. Accordingly, the effects of the variances are minor. Is/Are the Variance(s) Desirable For The Appropriate Development of Use of the Land, Building and/or Structure? Staff are of the opinion that the parking variances are desirable and appropriate as they will facilitate a gentle form of intensification within the existing building which will utilize . Environmental Planning Comments: Environmental Planning staff have no comments. Heritage Planning Comments: Heritage Planning have no comments. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the change of use to a duplex. Engineering Division Comments: Engineering Division staff have no comments. Parks/Operations Division Comments: Parks/Operations Division staff have no comments. Transportation Planning Comments: Transportation Services can support the proposed Minor Variance 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 ben 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 From: To:Committee of Adjustment (SM) Cc: Subject:A 2024-020 – 499 Forest Hill Drive Date:March 11, 2024 10:07:59 AM Attachments: You don't often get email from . Learn why this is important To whom it may concern, I am reaching out to express my objection to the proposed installation of an Accessory Dwelling Unit (ADU) at this location. My primary concern revolves around safety considerations, as well as the potential negative impact on the neighborhood and particularly the street. This street boasts homes with values exceeding $1 million, and the introduction of ADUs, especially portable ones, threatens to diminish the value of existing properties. Moreover, there are significant safety implications associated with the proposed alterations. Granting an exception to relocate the driveway only 3 meters from the street, as opposed to the mandated 6 meters according to the bylaws, poses a clear hazard. Additionally, the proposal to add another driveway, which would violate the 7-meter bylaw by being situated at 4.5 meters, is concerning. Such alterations would inevitably lead to congestion and increased traffic, particularly at an intersection crucial for children crossing the street to reach the nearby elementary school. It is imperative to recognize the reckless nature of introducing further congestion in close proximity to two elementary schools (one being across the street). The safety of children and residents must take precedence over any potential benefits of this proposal. Sincerely, Calvin Hounsell