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Home My WebLink AboutDSD-2024-163 - 109 Ingleside Dr - A 2024-030 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: April 3, 2024 REPORT NO.: DSD-2024-163 SUBJECT: Minor Variance Application A2024-030 109 Ingleside Drive RECOMMENDATION: That Minor Variance Application A2024-030 for 109 Ingleside 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 1.9 metres from the street (property) line instead of the minimum required 6 metres, and Section 5.4, Table 5-2 to permit a maximum driveway width of 5.2 metres instead of the maximum permitted 4.5 metres, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application for a requested driveway width of 5.2 metres, whereas a maximum of 4.5 metres is permitted, and for a requested reduced parking space setback from the property line of 1.9 metres whereas 6.0 metres is required. 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 located on the southernly side of Ingleside Drive, near the intersection of Hazelglen Drive and Fischer Hallman Road. The surrounding context of the subject property is primarily comprised of low-rise residential uses. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 - Subject property 109 Ingleside Drive Community Area Urban Structure and is Low Rise Residential Low Rise Residential Four Zone (RES-4-law 2019- 051. Figure 2 - Front view 109 Ingleside Drive The purpose of this report is to review a minor variance application for a requested driveway width of 5.2 metres (57% of the lot width), whereas a maximum of 4.5 metres (50% ofthe lot width) is permitted, and for a reduced parking setback from the front property line of 1.9 metres whereas 6.0 metres is required. The owner has requested the variances to permit an additional dwelling unit (attached) within the existing semi-detached dwelling. Prior to the current owner purchasing the property, the garage had been converted to living space without the proper permits. Since that time the current owner is selling the property and wanting to legalize the parking for two units on the property so that the prospective purchaser can have two parking spaces on site, and then the prospective new owner will be applying for a building permit to legalize the second dwelling unit. Staff acknowledge that the current width of the driveway is approximately 5.2 metres. The driveway width existed prior to Zoning By-law 2019-051 coming into effect and was considered a legal width within the context of Zoning By-law 85-1. Staff have no concerns with the driveway width as the driveway can be considered legal non-conforming, and the driveway will not be expanded further than what has existed. adopted By-law 2024-074 amending Zoning By-law 2019-051. The amendments to Zoning By-law 2019-051 will become effective March 25, 2024, pending the approval of Official Plan Amendment No. 47 and no appeals of either OPA No. 47 and By-law 2024-074. to Zoning By-law 2019-051 to allow the parking to be setback 1.9 metres from the front property line. Accordingly, Staff are supportive of the reduced parking setback of 1.9 metres for the existing semi-detached dwelling as the garage has been converted to living space and should the property remain as a semi-detached dwelling or be converted to a semi- detached dwelling with an additional dwelling unit (attached) there are no concerns with the location of the required one parking space. th Staff conducted a visit to the subject property on March 28, 2024. 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 designation permits low density forms of housing such as semi-detached dwellings with one attached dwelling units. The proposed variances meet the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. The proposed variances conform to the designation, and it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The purpose of the maximum driveway width is to ensure that the driveway and the required parking, and presence of vehicles, do not dominate the front yard of the dwelling and the streetscape while allowing for landscaping, green space, and areas for natural water infiltration to occur. It is shown at this time that requested variance for the driveway will remain as existing, with no changes or expansions to the existing width. The intent of the parking regulation to permit only one parking space with 6.0 metres of the street line, is to ensure that the front yard does not primarily function as a parking area, and that there is adequate separation from the street line to accommodate vehicles without impacting or impeding pedestrian use of the sidewalk right of way. The reduction to a 1.9 metre setback from the property line will still provide adequate separation from the street line and no impacts to the pedestrian use of the sidewalk is expected. It should be noted that the 1.9 metre setback requested is greater than the recently approved 0.5 metre setback that has been approved by City Council in the update to the 2019-051 By-law, which is currently within the appeal period. Staff is of the opinion that the variance for parking 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 requested variances are minor as the variances will legalize an existing parking condition, with no exterior alterations to the existing building. It will also permit another dwelling unit within an existing structure and neighbourhood. The proposed variances will not present any significant impacts to adjacent properties or the overall neighbourhood, as it represents an existing situation. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are desirable and appropriate for the development and use of the land as their approval will legalize an existing parking situation and permit a gentle intensification within an established neighbourhood. Environmental Planning Comments: No natural heritage or tree management concerns. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the change the use to a duplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No Engineering concerns. Parks/Operations Division Comments: No Parks/Operations concerns. Transportation Planning Comments: Transportation Services have no concerns with the reduced parking setback being requested, going from the required 6.0 metres to 1.9 metres. 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 ATTACHMENTS: Attachment A (below) Proposed site plan Attachment A - Proposed Site Plan 109 Ingleside Drive March 27, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT/ 101 CLIVE ROAD 12134225 CANADA INC. Kitchener, ON N2G 4G7 (3) 58 KIT/ 1187 FISCHER HALLMAN ROAD SCHLEGEL URBAN DEVELOPMENT (5) VAR KIT/ 610 WABANAKI DRIVE ELEMENTARY TEACHERS FEDERATION OF ONTARIO (10) VAR KIT / 55 TRILLIUM PARK PLACE PATTERSON PLANNING CONSULTANTS Subject: Committee of Adjustment Meeting April 16, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 023 423 Edwin Street No concerns. 2) A 2024 - 024 101 Clive Road No concerns. 3) A 2024 - 025 1187 Fischer Hallman Road No concerns. 4) A 2024 - 026 58 & 60 Ellen St E and 115 Lancaster St E No concerns. 5) A 2024 - 027 610 Wabanaki Drive No concerns. 6) A 2024 - 028 54 Franklin St S No concerns. 7) A 2024 - 029 59 Van Camp Avenue No concerns. 8) A 2024 - 030 109 Ingleside Drive No concerns. 9) A 2024 - 031 172 Kehl Street No concerns. 10) A 2024 - 032 55 Trillium Park Place No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЍЉЉБА tğŭĻ Њ ƚŅ Ћ 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 April 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 April 16, 2024 Applications for Minor Variance A 2024-023423 Edwin Street A 2024-024101 Clive Road A 2024-0251187 Fischer Hallman Road A 2024-02658 & 60 Ellen Street East, 115 Lancaster Street East A 2024-027610 Wabanaki Drive A 2024-02854 Franklin Street South A 2024-02959 Van Camp Avenue A 2024-030109 Ingleside Drive A 2024-031172 Kehl Street A 2024-03255 Trillium Park Place Applicationsfor Consent B 2024-006103 & 105 Dalegrove Drive B 2024-007137 QueenStreet South 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 41/24and,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