HomeMy WebLinkAboutDSD-2024-246 - 114 Brandon Ave - A 2024-039
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: Eric Schneider, Senior Planner, 519-741-2200 ext. 7873
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: May 10, 2024
REPORT NO.: DSD-2024-246
SUBJECT: Minor Variance Application A2024-039 - 114 Brandon Avenue
RECOMMENDATION:
That Minor Variance Application A2024-039 for 114 Brandon Avenue requesting
relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit a rear yard
setback of 5.5 metres instead of the minimum required 7.5 metres, to facilitate the
replacement of an existing sunroom at the rear of the detached dwelling, generally
in accordance with drawings prepared by JR Design and Consultants, dated
February 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
reconstruction of an existing sunroom at the rear of a detached dwelling.
The key finding of this report is that the requested variance meets the 4 tests of the
Planning Act.
There are no financial implications.
Community engagement included notice signs 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
he agenda in advance of the Committee of
Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Brandon Avenue between Dunbar
Road and Katherine Crescent.
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Figure 1: Location Map
Community Area Urban Structure and is
Low Rise Residential
Low Rise Residential Two Zone (RES-2-law 2019-
051.
The purpose of the application is to permit the reconstruction of an existing sunroom at the
rear of the detached dwelling.
Staff note that the applicant applied for relief from the minimum side yard setback to
recognize an existing carport located 0.45 metres from the side lot line. However, Staff
was approved in that location in compliance with the contemporaneous Zoning By-law
(Zoning By-law 4830). Therefore, the carport location is considered legal-non-complying
and a minor variance is not required.
Figure 2: View of Existing Single Detached Dwelling
(May 3, 2024)
Figure 3: View of Existing Sunroom
(May 3, 2024)
Figure 4: View Showing Sunroom Setback to Rear Lot Line
(May 3, 2024)
Figure 5: Concept 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 offers the following
comments:
General Intent of the Official Plan
The intent of the Low Rise Residential land use designation is to accommodate a full
range of low density housing types. The Low Rise Residential designation encourages
the mixing and integrating of different forms of housing to achieve and maintain a low rise
built form. Housing policies in the Official Plan encourage the retention and rehabilitation
of older housing to maintain existing housing stock. Planning Staff are of the opinion that
the requested variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation that requires a 7.5 metre rear yard setback is to ensure that
there is adequate outdoor amenity space and adequate building separation. In this
situation, the requested rear yard setback of 5.5 metres is caused by irregular shaped that
create a triangle shaped rear yard and a pinch point. Staff are satisfied that there is
adequate amenity space in the rear yard. Staff note that an existing sunroom in the same
location exists today and functions with adequate building separation from adjacent lands.
In the opinion of Staff, the requested variance meets the general intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
The proposal intends to replace the sunroom in the same location and dimensions as the
existing sunroom. Staff do not expect adverse impacts or effects as the location of built
form is not changing as part of the requested variance. Staff are of the opinion that the
requested variance is minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The use of the land as a single detached dwelling is not proposed to change. The location
and scale of built form is also not proposed to change. The variance is desirable and
appropriate as it will facilitate the reconstruction of the existing sunroom in the same
location.
Environmental Planning Comments:
Care should be taken during construction to not impact the root zone of trees on and/or
adjacent to the property. It is recommended that temporary protective fencing be installed
(as per Appendix E
commencing.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the re-built sunroom is obtained prior to construction.Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
No Engineering comments.
Parks/Operations Division Comments:
No Parks/Operations comments.
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
ATTACHMENTS:
Attachment A Concept Plan
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