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HomeMy WebLinkAboutDSD-2024-349 - A 2024-064 - 67 Kimberly Crescent Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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 6 DATE OF REPORT: August 7, 2024 REPORT NO.: DSD-2024-349 SUBJECT: Minor Variance Application A2024-064 67 Kimberly Crescent RECOMMENDATION: That Minor Variance Application A2024-064 for 67 Kimberly Crescent requesting relief from Section 4.12.3 g) of Zoning By-law 2019-051 to permit a lot width of 10.4 metres instead of the minimum 10.5 metres to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in accordance with drawing and plans prepared by Quinn Dressel Associates, dated July 18, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property; 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 e Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the northwest side of Kimberly Crescent. It is located in the Laurentian Hills neighbourhood which is primarily comprised of low-density residential and commercial 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 Urban Structure and is --law 2019- 051. The purpose of this report is to review an application for a minor variance to allow the constructionof an Additional Dwelling Unit (ADU) (Detached) on a lot that that containsan existing single detacheddwelling with an attached additional dwelling unit(duplex). Staff visited the subject siteon July 30, 2024. Figure 2: Front View of Subject Propertyon July 30, 2024 Figure 3: Site Plan Figure 4: Front (South) Elevation Figure 5: Right (East) Elevation Figure 6: Rear (North) Elevation Figure 7: Left (West) Elevation Figure 8: Existing Dwelling Rear Elevation Figure 9: Additional Dwelling Unit Floor 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 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 will facilitate the development of an additional dwelling, which maintains the general intent of the Official Plan. General Intent of the Zoning By-law 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, to ensure adequate site functionality. Staff note that due to the subject propert irregular lot shape, the rear of the property widens to a width of approximately 32.8 metres. Staff are of the opinion that there is adequate space on site for site functionality. Thus, planning Staff are of the opinion that the requested reduced lot width of 10.4 metres would adequately accommodate these purposes and 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 can be considered minor in the opinion of Planning Staff as the lot width represents an existing condition and there are no proposed changes to this width. Staff do not anticipate any significant effects or adverse impacts as a result of the requested variance given the deficiency is 0.1 metres. Thus, it is Planning 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 variance is desirable and appropriate for the use of the lands as it has the opportunity to facilitate a gentle form of intensification and utilize existing infrastructure. The additional third dwelling un Pledge. 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 ion commencing. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. An application for Building Permit has been made for detached additional dwelling unit. Engineering Division Comments: No concerns. Parks/Operations Division Comments: There is existing Stormwater and Sanitary infrastructure along the northeast property line and under the proposed ADU. It is unclear if the City holds easements for this infrastructure and if the proposed location for the ADU is permitted within the easement if one exists on title. New easements may be requried by Development Engineering /Storm and Sanitary Utilities. Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority (GRCA) Comments: Grand River Conservation Authority (GRCA) staff has reviewed the above-noted application. GRCA has no objection to the approval of the above applications. The subject property does not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. 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 the agenda in advance 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 ebsite or by emailing the 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 August 8, 2024 Connie Owen City of KitchenerFile No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 – 175 Hoffman Street – No concerns 2) A 2024 - 059 – 15 Strange Street – No concerns. 3) A 2024 - 060 – 95 Brunswick Avenue – No concerns. 4) A 2024 - 061 – 25 Palace Street – No concerns. 5) A 2024 - 062 – 40 Palace Street – No concerns. 6) A 2024 - 063 – 908 Chapel Hill Court – No concerns. 7) A 2024 - 064 – 67 Kimberly Crescent – No concerns. 8) A 2024 - 065 – 570 Frederick Street – No concerns. 9) A 2024 - 066 – 1180 Union Street (severed lot) 10) A 2024 - 067 – 1180 Union Street (retained lot) 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. Document Number: 4752866 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to morethan one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Katrina Fluit Transportation Planner (226) 753-4808 CC: Mariah Blake, City of Kitchener CofA@Kitchener.ca Document Number: 4752866 August 2, 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 August 20, 2024 Applications for Minor Variance A 2024-058175Hoffman StreetA 2024-06467 Kimberly Crescent A 2024-06095 Brunswick AvenueA 2024-065570 Frederick Street A 2024-06125 Palace StreetA 2024-0661180 Union Street A 2024-06240 Palace StreetA 2024-0671180 Union Street A 2024-063908 Chapel Hill Court Applicationsfor Consent B 2024-017135 Gateway Park DriveB 2024-020573 Guelph Street B 2024-018135 Gateway Park DriveB 2024-02162 Gage Avenue B 2024-019250 Shirley AvenueB 2024-0221180 Union 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