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Home My WebLink AboutDSD-2024-232 - 133 Max Becker Dr - A 2024-041 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 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: Ward 5 DATE OF REPORT: May 8, 2024 REPORT NO.: DSD-2024-232 SUBJECT: Minor Variance Application A2024-041 - 133 Max Becker Drive RECOMMENDATION: That Minor Variance Application A2024-041 for133 Max Becker Drive requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit an exterior yard setback of 4.2 metres instead of the minimum required 4.5 metres to be able to build a 2-storey addition onto the existing detached dwelling, generally in accordance with drawings prepared by C. Frede Design Inc., dated April 3, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variance to permit a reduced exterior yard setback to facilitate a 2-storey addition onto the existing detached dwelling. 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 of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property, in the Laurentian West Neighbourhood, is a corner lot property at the intersection of Max Becker Drive and Copper Leaf Crescent. Community Areas Urban Structure and is Low Rise Residential *** 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. Figure 1: Aerial Location Map of Subject Property. Figure 2: Site plan highlighted with requested minor variance setback. Figure 3: Front/corner view of the dwelling. 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 Staff is of the opinion that the requested variance to allow a reduced exterior side yard setback meets the general intent of the Official Plan. The subject property is designated Low Rise Residential places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. One of the objectives in the Housing section of the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. Policy 4.C.1.28. states that the City will ensure that the adaptive reuse of existing buildings for special needs housing is compatible in terms of use and built form with the surrounding context. The minor variance will permit the adaptive reuse of the existing building, which will continue to be compatible in built form and accordingly maintain the intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the by-law requirement for a minimum 4.5 metre exterior yard setback is to ensure and maintain a consistent streetscape setback with the flanking properties along Copper Leaf Crescent as the front yard setback for properties along Copper Leaf Crescent is 4.5 metres. A 4.2 metre exterior side yard setback will continue to maintain the intent of this zoning regulation. Is/Are the Effects of the Variance(s) Minor? The requested variance and its effects can be considered minor as the deficiency of 0.3 metres will not be discernible. The addition has been designed with varying setbacks from Copper Leaf Crescent in order that at a minimum, a 4.2 metre exterior side yard is maintained. A 4.2 metre exterior side yard, at the shortest distance, will still be sufficient and will not negatively impact the established streetscape. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the proposed variance is desirable and appropriate as it will facilitate the construction of additional useable living space for furniture and equipment for an adult family member with disabilities and allow continued enjoyment of the dwelling for all family members. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed 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 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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