HomeMy WebLinkAboutDSD-2024-271 - 3 Ivy Lane Court - A 2024-045
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 18, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519- 741-
2200 ext. 7765
PREPARED BY: Ben Suchomel, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: June 5, 2024
REPORT NO.: DSD-2024-271
SUBJECT: Minor Variance Application A2024-045 3 Ivy Lane Court
RECOMMENDATION:
That Minor Variance Application A2024-045 for 3 Ivy Lane Court requesting relief
from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit a rear yard setback
of 3 metres instead of the minimum required 7.5 meters to facilitate the construction
of a raised one (1) storey addition and deck at the rear of the existing detached
dwelling, generally in accordance with drawing and plans prepared by BHF
Engineering Solutions Inc., dated April 25, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of a raised one-storey addition and deck at the rear of the existing
detached dwelling;
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
Committee of Adjustment meeting;
This report supports the delivery of core services.
BACKGROUND:
The subject property is a corner lot containing a detached dwelling located on Ivy Lane
Court.
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Aerial Photo of the Subject Property.
Urban Structure and is
FourZone (RES-4-law 2019-
051.
The purpose of the application is to review a minor variance application to facilitate the
construction of a raised one-storey addition and deck at the rear of the existing detached
dwelling. The subject property currently contains asingledetached dwelling, which has a
front yard setback of 9.2metres, a right-sideyard setback of 1.2metres, and a left side
yard setback of 4.5 metres, which all meet or exceed the minimum setback requirements
outlined in Zoning By-law 2019-051. The existing rear yard setback is approximately 7.95
metres, which is greater than the minimum requirement of 7.5 metres.
The applicant is proposing to add a raised one-storey additionand deck at the rear of the
subject property. The proposed dimensions of the addition are 6.71metres in length, and
4.88metres in width (as shown in Figure 2). The deck is proposed to be similar in size as
the existing deck, just shifted to allow the newaddition to be constructed off the patio door.
As the existing rear yard setback is 7.95metres, the proposed addition with a width of 4.88
metres would result in a rear yard setback of 3 metres, which does not meet the minimum
requirement set out in the Zoning By-law. Accordingly, a minor variance is requested to
allow a rear yard setback of 3metresfor both the addition and deck.
Figure 2: Site Plan.
Figure 3: North Elevation.
Figure 4: East Elevation
Figure 5: West Elevation.
rd
Staff conducted a site visit to the subject property on June 3, 2024.
Figure 6: Front View of Subject Property.
Figure 7: Rear Yard of Subject Property.
Figure 8: Existing Side Yard Screening and Vegetation.
Figure 9: Rear Yard Screening.
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 p Land Use. This
designation 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.
It also places emphasis on the relationship of housing to adjacent buildings, streets, and
exterior areas. It is the opinion of staff that the requested variance for reduction in rear
yard setback for a proposed addition conforms to the land use designation. Accordingly,
the variance to facilitate the raised one-storey addition and deck will meet the general
intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulations in Section 7.3, Table 7-2, is to ensure that the built form of
residential dwellings is appropriate for the lot and for the surrounding neighbourhood. The
intent of the minimum rear yard setback requirement is to ensure adequate private
amenity space for residents, as well as adequate separation between buildings on
adjacent properties. Staff is of the opinion that there will still be adequate amenity space
and privacy, as a similar size deck with be provided and there is a fence and vegetation
between the subject property and the adjacent properties. Additionally, staff also notes
that the rear yard of the subject property abuts the side yard of the adjacent property
rather than a rear yard. Staff is of the opinion that the minor variance will meet the intent of
the By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that the effects of the requested variance are minor. The privacy
concerns related to the adjacent properties are minimal, as the addition will be setback 3
metres from the rear lot line and there is a wood privacy fence between the subject
property and the side yard of the adjacent property.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Planning staff is of the opinion that the variance to reduce the minimum rear yard setback
is desirable and appropriate as it will facilitate the relocation of the existing deck and
expansion of indoor living space for the dwelling, increasing the functionality and
desirability of the residential property.
Environmental Planning Comments:
Applicant must ensure tree in rear yard of 7 Ivy Lane Court will not be impacted by
construction activities.
Heritage Planning Comments: Heritage
Heritage Planning have no concerns with this application.
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:
Engineering has no comments with this application.
Parks/Operations Division Comments:
Parks/Operations Division have no concerns with this application.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Grand River Conservation Authority Comments:
GRCA has no concerns with this application.
Region of Waterloo Comments:
Region of Waterloo has no concerns.
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:
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 interested
Division. A notice of the application was mailed to all property owners within 30 metres of
the subject property.
CONSULT- Planning Staff had a phone conversation with an adjacent neighbour and
answered questions about the proposed addition. Planning Staff followed up by email to
provide elevation drawings to the neighbour for information.
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 29, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST
Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP
Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 044 160 Webster Road No concerns.
2) A 2024 - 045 3 Ivy Lane Court No concerns.
3) A 2024 - 046 59 Cartier Drive No concerns.
4) A 2024 - 047 948 Chapel Hil Court No concerns.
5) A 2024 - 048 101 Breckenridge 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.
6) A 2024 - 049 174 Wellington Street North 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/to the proposed development.
7) A 2024 - 050 51 Charles Street East No concerns.
8) A 2024 - 051 75 Charles Street East No concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ 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
Katrina Fluit, Region of Waterloo FYI only.
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2
June3, 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 June 18, 2024
Applications for Minor Variance
A 2024-044160 Webster Road
A 2024-0453 Ivy Lane Court
A 2024-04659 Cartier Drive
A 2024-047948 Chapel Hill Court
A 2024-048101 Breckenridge Drive
A 2024-049174 Wellington Street North
A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South
Applicationsfor Consent
B 2024-010578 Guelph Street
B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street 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