HomeMy WebLinkAboutDSD-2024-313 - A 2024-053 - 224 Countrystone Cres
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 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 7
DATE OF REPORT: July 3, 2024
REPORT NO.: DSD-2024-313
SUBJECT: Minor Variance Application A2024-053
224 Countrystone Crescent
RECOMMENDATION:
That Minor Variance Application A2024-053 for 224 Countrystone Crescent
requesting relief from the following sections of Zoning By-law 2019-051:
i) Section 4.12.2, g) to permit a lot width of 7.7 metres instead of the minimum
required 10.5 metres;
ii) Section 7.3, Table 7-4, to legalize an interior side yard setback of 2.2 metres
instead of the minimum required 2.5 metres; and
iii) Section 5.6, Table 5-5-1, to permit a minimum parking requirement of 2 parking
spaces instead of the minimum required 3 parking spaces;
to recognize the location of an existing rear yard addition and to permit the
development of an Additional Dwelling Unit (ADU) (Attached) in an existing duplex
street townhouse dwelling, generally in accordance with drawings submitted by
with Minor Variance Application A2024-053, dated April 28, 2024, BE APPROVED,
subject to the following condition:
1. That the property owner shall install a distinguishable driveway and required
walkway(s) and landscaped areas, in accordance with the regulations of
Zoning By-law 2019-051, by October 18, 2024. Any request for a time
extension must be approved in writing by the Manager of Development
Approvals prior to completion date set out in this decision. Failure to
complete this condition will result in this approval becoming null and void.
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REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to recognize the location of an
existing rear yard addition and to permit the development of an additional dwelling unit
in an existing duplex street townhouse dwelling (for a total of 3 dwelling units on the
property), with a reduced lot width, a reduced interior side yard setback, and a
reduced minimum parking requirement.
The key finding of this report is that the requested minor variances meet 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 west side of Countrystone Crescent between
Countrystone Drive and Sassafras Street. It is located in the Highland West
neighbourhood which is primarily comprised of low-rise residential uses.
Figure 1: Location of the subject property.
Urban Structure and is
The property is --law 2019-
051.
The purpose of this report is to review a minor variance application to allow the
development of an Additional Dwelling Unit (ADU) (Attached) in an existing duplex street
townhouse dwelling on a lot with insufficient lot width and the minimum parking
requirement and to legalize the location of an existing rear yard addition, having a deficient
interior side yard setback.
At the time of submission of the Minor Variance Application a reduced lot width of 8.1
metres was requested and advertised. Upon further staff investigation it was determined
that the lot width is 7.7 metres instead of 8.1 metres. A difference of 0.4 metres. As the
purpose of the lot width variance is to recognize the lot width of the existing lot and will not
be changing as a result of approving the variance, no additional notice or readvertisement
th
is deemed to be required to consider the lot width variance at the July 16 meeting.
Figure 2: Site plan.
Planning Staff conducted a site visit on June 27, 2024.
Figure 3: View of 224 Countrystone Crescent from the sidewalk.
Figure 4: Existing interior side yard setback with door leading to proposed third unit
in basement.
Staff also note that the floor plans that were provided for the second unit in the 2-storey
recommended for approval are for the legalization of the location of the existing 2-storey
addition and to permit the development of a third Additional Dwelling Unit (ADU)
(Attached) within the duplex townhouse dwelling. Not a Lodging House. Although, the
-, the applicant would require an additional
parking minor variance if proposing a lodging house. The parking calculation for a lodging
house is based on the Gross Floor Area (GFA) of the use and would require more parking
than the section of the by-law that the applicant has requested relief from.
Figure 5: Proposed floor plan for third unit in the basement of the 2 story addition.
Figure 6: Existing main floor plan for second unit in 2 storey addition.
Figure 7: Existing second floor plan for second unit in 2 storey addition.
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
designation is to accommodate a diverse range of
low-rise housing types while maintaining the low-density character of the neighbourhood.
This designation encourages residential intensification and redevelopment including
additional dwelling units to respond to changing housing needs and as a cost-effective
means to reduce infrastructure and service costs. The requested reduced lot width, interior
side yard setback and parking minimum will recognize the location of a rear yard addition
and facilitate the development of an additional dwelling unit to an existing duplex street
townhouse dwelling, which maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
Lot width: The intent of the lot width regulation is to ensure that a property has sufficient
amenity space, landscaped area, fire emergency access, and parking when there are two
or three additional dwelling units. Staff also note that
irregular lot shape, the rear of the property does extend to a width of approximately 18
metres. Thus, planning Staff are of the opinion that the requested reduced lot width of 7.7
metres would adequately accommodate these purposes and meets the general intent of
the Zoning By-law.
Interior side yard setback: The intent of the minimum 2.5 metre interior side yard
setback is to ensure there is adequate setback from adjacent lots, as well as to provide
sufficient access for maintenance. The proposed 2.2 metre setback provides adequate
separation from the adjacent property line. Staff also note that the subject property is
fenced on the side the variance is considered which will provide screening, creating
minimal impact to the adjacent properties. Therefore, Planning Staff is of the opinion that
the proposed interior side yard setback of 2.2 metres is keeping within the general intent of
the Zoning By-law.
Parking reduction: The intent of the minimum parking regulation is to ensure that
adequate vehicle storage can be provided on site where multiple units are provided. The
subject property is located within walking distance of a Grand River Transit bus stop for
Routes 4 and 5. Additionally the site is located in close proximity to The Boardwalk station
with bus stops for connecting routes 202, 204, 1, 4, 5, 13, 20, 29, and 77. The applicant
also proposes to provide bicycle storage for each unit to encourage the use of active
transportation. Therefore, Planning Staff is of the opinion that the requested variance for a
reduced minimum parking requirement meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested reduction of the lot width is minor in nature as it is pre-existing and there
are no proposed changes to this width. Additionally, the requested interior side yard
setback of 2.2 metres provides sufficient access for maintenance. Further, the requested
reduced minimum parking requirement is appropriate for the area as the property is in
proposed variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff are of the opinion that the requested variances are desirable and appropriate as they
will facilitate a gentle form of intensification within the existing residential building and
utilize existing infrastructure. The additional third
Housing Pledge.
Environmental Planning Comments:
No environmental comments or concerns with the proposal.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the additional attached dwelling unit is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments or concerns.
Parks/Operations Division Comments:
There is an existing City-owned street tree adjacent to the driveway that should be
protected to City standards throughout construction as per Chapter 690 of the current
Property Maintenance By-law.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Grand River Conservation Authority Comments:
GRCA has no objection to the approval of this application. The subject property does not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The property is not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Region of Waterloo Comments:
There are no conditions for the above application. However, the applicants are advised that
there would be impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to the
proposed development.
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
June 25, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 06 FREDERICK 250 FREDERICK STREET
Kitchener, ON N2G 4G7 250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 250 Frederick Street No concerns.
2) A 2024 - 053 224 Contrystone Crescent (Unit C) There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 124 Woolwich Street No concerns.
4) A 2024 - 055 71 Kingsbury Drive No concerns.
5) A 2024 - 056 359 Highland Road West No concerns.
6) A 2024 - 057 176 Woolwich Street 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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Њ ƚŅ Ћ
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 ЍАЊЍВЎВ tğŭĻ Ћ ƚŅ Ћ
2
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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