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Home My WebLink AboutDSD-2024-269 - 948 Chapel Hill Court - A 2024-047 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: Kirsten Hoekstra, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: June 5, 2024 REPORT NO.: DSD-2024-269 SUBJECT: Minor Variance Application A2024-047 948 Chapel Hill Court RECOMMENDATION: That Minor Variance Application A2024-047 for 948 Chapel Hill Court requesting relief from Section 4.14.4 d) of Zoning By-law 2019-051 to permit a rear yard setback of 2.4 metres instead of the minimum required 4 metres, to permit the construction of an unenclosed rear deck, greater than 0.6 metres in height, onto a detached dwelling, generally in accordance with drawings prepared by Hickory Dickory Decks, dated May 1, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application requesting a rear yard setback of 2.4 metres rather than the minimum required 4 metres. The key finding of this report is that the requested 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 located on the North side of Chapel Hill Court in the Doon South neighbourhood, which is predominantly comprised of low rise detached 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 - Aerial Photo of the Subject Property. Community Areas Urban Structure and is Low Rise Residential Low Rise Residential Two Zone (RES-2-law 2019- 051. The purpose of the application is to request relief from Section 4.14.4 d) of Zoning By-law 2019-051, to permit a rear yard setback of 2.4 metres instead of the minimum required 4 metres to facilitate the construction of an unenclosed rear deck, greater than 0.6 metres in height. Approval of the variance will allow for the development of a functional deck due to the irregular shape of the lot; the western portion of the deck is restricted by the existing setback. Figure 2 - Proposed Site Plan. Planning Staff conducted a site visit on May 30, 2024 Figure 3 Site Photo of 948 Chapel Hill Court. Figure 4 - Existing rear yard where the deck is proposed. Figure 5 - Existing rear yard setback. 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 on Map 3 Land Use. The intent of the Low-Rise Residential designation is to accommodate a diverse range of low- rise housing types while maintaining the low-density character of the neighbourhood. Official Plan policy 4.C.1.8 d), in regard to criteria that should be considered where a minor variance is requested, specifies that: appropriate buffering or screening is to be provided to mitigate any adverse impacts, particularly with respect to privacy. An existing vegetative buffer is located along the rear property line. The requested reduced rear yard setback will facilitate the construction of an unenclosed rear deck and maintains the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the rear yard setback requirement is to ensure that there is an adequate separation from adjacent properties with respect to privacy concerns, and that there is functional appropriate amenity space for residents. Planning Staff is of the opinion that the proposed 2.4 metre setback will still provide an adequate amenity area and privacy from the rear adjacent property, as there is vegetative screening and sufficient buffering between properties. In the opinion of Planning Staff, the requested variance to permit a reduced rear yard to facilitate the construction of a functional unenclosed deck 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 variance of a 2.4 metre rear yard setback is minor, as any privacy concerns related to the adjacent property are minimal, and there are not any expected significant adverse impacts to the character of the neighbourhood. Additionally, staff note that much of the proposed deck appears near the required 4.0- meter rear yard setback. Due to the subject properties irregular lot shape, the western corner of the proposed deck is the only location that would meet the required setback. Thus, staff is of the opinion that the effects of the proposed variance are minor. 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 appropriate for the desirable use of the lands as it will facilitate the expansion of outdoor amenity space, increasing the functionality and desirability of the residential property. Staff also recognize that allowing the variance will allow a consistent deck width which will further improve its functionality and enhance the design. Environmental Planning Comments: No concerns. Heritage Planning Comments: The property is located adjacent to the Caryndale Neighborhood Cultural Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. Staff have no comments or concerns regarding this application. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the deck for 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 comment. Parks/Operations Division Comments: No comment. Transportation Planning Comments: Transportation Services have no concerns with this application. GRCA Comments: GRCA has no objection to the approval of the above application. Region of Waterloo Comments: 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: 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 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 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