HomeMy WebLinkAboutDSD-2024-353 - A 2024-060 - 95 Brunswick Avenue
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: Kirsten Hoekstra, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: August 7, 2024
REPORT NO.: DSD-2024-353
SUBJECT: Minor Variance Application A2024-060 95 Brunswick Avenue
RECOMMENDATION:
That Minor Variance Application A2024-060 for 95 Brunswick Avenue requesting
relief from the following sections of Zoning By-law 2019-051:
i) Section 4.14.7 b) to permit a covered front porch to be setback from the front lot
line 2.4 metres instead of the minimum required 3 metres; and
ii) Section 7.6 a) to permit a front yard setback of 3 metres instead of the minimum
required 5.7 metres;
to permit a front yard addition and porch to the existing dwelling, generally in
accordance with drawings prepared by AK-architect, dated July 4, 2024, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit the
development of a front yard addition and porch with a reduced front yard setback and
a reduced covered front porch setback.
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.
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BACKGROUND:
The subject property is located on the west side of Brunswick Avenue near the intersection
of Hartwood Avenue and Brunswick Avenue. It is located in the Fairfield neighbourhood
which is primarily comprised of low-rise residential uses.
Figure 1 Aerial photo of 95 Brunswick Avenue (Outlined in Red).
Community Areas Urban Structure and is
Low Rise Residential Official Plan.
Low Rise Residential Four Zone (RES-4-law 2019-
051.
The purpose of the application is to review minor variances to permit reduced front yard
setbacks to facilitate the construction of a front yard addition and porch.
Figure 2 Proposed Site Plan.
Figure 3 Proposed front elevation.
Figure 4 Proposed rendering of front addition and porch.
Planning Staff conducted a site visit on July 30, 2024.
Figure 5 Site photo of 95 Brunswick Avenue.
Figure 6 Existing front 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 general 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. The proposed addition and
porch are an appropriate use on residential properties and will not significantly change the
existing massing, height, or other design characteristics of the dwelling. Thus, Planning
Staff are of the opinion that the requested reduced front yard setback and covered front
porch setback will maintain he general intent of the Official Plan.
General Intent of the Zoning By-law
Front yard setback: The intent of the front yard setback regulation is to ensure buildings
have a consistent setback to the property line to maintain a coherent streetscape. The
subject property and its abutting properties have similar front yard setbacks to the principal
dwelling. Staff note that the existing addition partly encroaches over the required front yard
setback, leaving the property with an existing front yard setback ofapproximately 3
metres. Therefore, Staff are of the opinion that the proposed setback of 3 metres is
keeping within the general intent of the Zoning By-law.
Covered front porch setback: The intent of the covered front porch setback is to ensure
a consistent setback to the property line to maintain a coherent streetscape. The
requested reduced setback of 2.4 metres will not have any significant adverse impacts to
the streetscape. Thus, Staff are of the opinion that the proposed covered front porch
setback of 2.4 metres maintains the 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 3 metres front yard setback is
minor, as the existing addition already encroaches on the required setback so there are no
expected significant adverse impacts to streetscape. Additionally, staff note that due to the
proposed addition is the
only location that requires the reduced setback. Further, the requested covered front porch
setback is not anticipated to cause any significant adverse impacts to the streetscape.
Staff is thus of the opinion that the effects of the variances will be 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 variances to reduce the front yard setback and the
covered front porch setback is appropriate for the desirable use of the lands as it will
increase the functionality and desirability of the residential property. The proposed scale,
massing, and height of the covered porch and addition are compatible with the existing
dwelling on the property and will not negatively impact the existing character of either the
subject property or the surrounding area.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits
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:
No concerns.
Parks/Operations Division Comments:
No requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Enova Comments:
Addition must meet the 5.5m setback from the centre running line of the overhead primary
lines. See specification D11111.
GRCA
GRCA has no objection to the approval of the above application.
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 This report has
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
interested parties to find
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