HomeMy WebLinkAboutDSD-2024-272 - 101 Breckenridge Drive - A 2024-048
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 1
DATE OF REPORT: June 5, 2024
REPORT NO.: DSD-2024-272
SUBJECT: Minor Variance Application A2024-048 101 Breckenridge Dr.
RECOMMENDATION:
That Minor Variance Application A2024-048 for 101 Breckenridge Drive requesting
relief from Section 7.3, Table 7-4, of Zoning By-law 2019-051 to permit an interior
side yard setback of 1.2 metres instead of the minimum required 2.5 metres, to
permit the construction of a rear yard addition on an existing townhouse dwelling
unit, generally in accordance with drawings prepared by GS Engineering, dated
December 2023, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application for a reduced
interior side yard setback of 1.2 metres to facilitate the construction of a rear yard
addition on an existing townhouse dwelling unit.
The key finding of this report is that the requested minor variance meets all 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 southwest side of Breckenridge Drive, between
Gibson Drive and Ottawa Street North. It is located in the Heritage Park neighbourhood
which 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 - Location of Subject Property.
Community Areas Urban Structure and is
Low Rise Residential
Low Rise Residential Five Zone (RES-5-law 2019-
051.
The purpose of the application is to review a minor variance application for a reduced
interior side yard setback of 1.2 metres to facilitate the construction of a of a rear yard
addition on an existing townhouse dwelling unit.
Figure 2 Proposed Site Plan.
Figure 3 Proposed Main Floor.
Planning Staff conducted a site visit on May 31, 2024.
Figure 4 - View of 101 Breckenridge Drive from the Street.
Figure 5 - The existing deck where the rear addition is proposed which would be
setback from the fence.
Figure 6 - View of the existing backyard.
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 Official Plan designation Low Rise Residential on Map 3 Land Use is to
emphasize compatibility of building form with respect to massing, scale and design in
order to support the successful integration of different housing types while maintaining the
low-density character of the neighbourhood. Emphasis is also placed on providing
appropriate buffering or screening between properties to mitigate any adverse impacts,
particularly with respect to privacy, when a minor variance is considered. In the opinion of
Planning Staff are of the opinion that the requested side yard setback of 1.2 metres will
maintain the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 2.5 metre side yard setback for a townhouse dwelling is to provide rear
yard access where the dwelling does not share a wall with the adjacent property. Staff
notes the subject property does provide adequate rear yard access on the west side of the
dwelling. The proposed addition is on the side of the unit that shares a common wall with
the easterly adjacent property. The proposed 1.2 metre setback will still provide adequate
buffering and sufficient access to the easterly side of the addition. Staff also note that the
subject property is fenced which will provide screening, that along with the buffering will
offer adequate privacy between the properties. It is the opinion of Planning Staff that the
impacts of the proposed interior side yard setback will be minimal and will not affect
adjacent properties or the low-rise residential character of the neighbourhood.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested 1.2 metre interior side yard setback is minimal as
the reduced setback will provide sufficient buffering between the adjacent property as well
accommodate appropriate access to the easterly side of the addition. The proposed
setback of 1.2 metres is not expected to present any significant impacts to adjacent
property and the overall character of the neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is appropriate for the desirable use of the lands as it will facilitate the
expansion of indoor amenity space for the dwelling, increasing the function and desirability
of the residential property. The reduced side yard setback will offer greater functionality for
the proposed use than the minimum setback of 2.5 metres.
Environmental Planning Comments:
No concerns with the proposal, care should be taken during construction to not impact
retained tree(s) or their roots in the rear yard. It is recommended that temporary protective
fencing be installed (as per Appendix E
construction commencing.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. An application for a
Building Permit has been made for the addition to the townhouse.
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:
There are no concerns/conditions for this application. However, the applicants are advised
that the subject lands are located within the outer 6 km of the airport zoning-regulated area
and specifically under the takeoff approach surface. Accordingly, the lands are subject to
all provisions of airport zoning.
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