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Home My WebLink AboutDSD-2024-114 - 132 Dalewood Drive - A 2024-021 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: Ryan Hammond, Student Planner, 519-741-2200 ext. 7074. WARD(S) INVOLVED: Ward 8 DATE OF REPORT: March 6, 2024 REPORT NO.: DSD-2024-114 SUBJECT: Minor Variance Application A2024-021 - 132 Dalewood Drive RECOMMENDATION: That Minor Variance Application A2024-021 for 132 Dalewood Drive requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit a required parking space to be located 2.7 metres from the street (property) line instead of the minimum required 6 metres to allow the development of an Additional Dwelling Unit (ADU) (Attached) and facilitate the conversion of Single Detached Dwelling into a Duplex, generally in accordance with drawings submitted with Minor Variance Application A2024-021, 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 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 not any 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 advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the northerly side Dalewood Drive between Rosewood Drive and Eastwood Drive and is currently used as a single detached dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Aerial View of 132 Dalewood Drive Urban Structure and is Two Zone (RES-2-law 2019- 051. The purpose of the application to allow the legal parking space to be located in the driveway instead of in the attached garage. This is to permit the use of an existing entrance and stairwell in the attached garage for the additional dwelling unit in the basement of the single detached dwelling. With this basement entrance, the dimensions of the interior of the attached garage do not meet the minimum zoning requirements for a parking space within a building. Staff conducted a visit to 132 Dalewood Drive on March 6, 2024 Figure 2: Front View of 132 Dalewood Drive Figure 3: Curb Cut Permit Figure 4: Survey with Parking Plan Figure 5: Plan of Attached Garage Figure 6: Proposed Additional Dwelling Unit 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 132 Dalewood Drive is intent of this land use designation is to encourage residential intensification and redevelopment which includes additional dwelling units in order 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 variance to permit the conversion of the building from a single dwelling to a duplex dwelling maintains the low rise residential built form of the neighbourhood. It is the opinion of staff that the requested parking variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The zoning regulation for one (1) of the two (2) required parking spaces for a duplex use to be located a minimum distance of 6 metres from the front lot line is to ensure that there is sufficient parking for a duplex use should the site only have tandem parking (which is permitted for the use). As well, it ensures that the parking spaces are not all located 0 metres from the street line which could result in vehicles dominating the streetscape. For the subject property, there is sufficient lot width, for a driveway to meet zoning requirements, so that having two parking spaces side by side near the front lot line does not dominate the property frontage or the streetscape. A Curb Cut Permit was issued to facilitate a driveway widening in accordance with Zoning By-law 2019-051. The minor variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The variance to permit the required parking space less than 6 metres from the street line can be considered minor as there is adequate area to provide the minimum of two parking spaces, side by side, on the existing driveway. Planning staff note that tandem parking in the driveway may result in vehicles encroaching onto the sidewalk. The effects of this variance will be minor. Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the variance is desirable and appropriate as it will facilitate a gentle form of intensification within the existing building, utilize existing infrastructure and Environmental Planning Comments: No comments. Heritage Planning Comments: No heritage 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 has no concerns. Parks/Operations Division Comments: No comments or concerns. 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 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 From: To:Committee of Adjustment (SM) Subject:Committee of adjustment—concerning A2024-021-132 Dalewood Drive Date:March 10, 2024 1:38:43 PM \[You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification \] Thank you for your letter of March 1 ,2024 informing us of the Application A 2024-021 132 Dalewood Drive. to permit the construction of an Additional Dwelling Unit to convert a single detached dwelling into a duplex. My wife and I strongly object to this process! The subdivision in Stanley Park has been zoned for single family dwellings only, since it’s development in the 1960’s. My parents constructed 2 homes at and . We did likewise at . At each time we were made aware of strict rules that were contained in The Planning Act which stated that the homes were to be single family homes only! It would appear that the owner at 132 Dalewood takes exception to this designation ,and would like to turn her home into a multiple family dwelling. We would like to have our neighbourhood maintain the status quo of single family dwellings! We would hope that Premier Ford has no influence in your decisions! Thank you for giving us the opportunity to voice our opinion on this very serious attempt ,to change the status of our very well established and enjoyed subdivision of Dalewood Drive. Peter and Sandra Rueffer Sandra Rueffer