HomeMy WebLinkAboutDSD-2024-354 - A 2024-063 - 908 Chapel Hill Court
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 4
DATE OF REPORT: August 7, 2024
REPORT NO.: DSD-2024-354
SUBJECT: Minor Variance Application A2024-063 908 Chapel Hill Court
RECOMMENDATION:
That Minor Variance Application A2024-063 for 908 Chapel Hill Court requesting
relief from Section 4.14.4 c) of Zoning By-law 2019-051 to permit a rear yard setback
of 3 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 Janssen Design, dated
December 20, 2019, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application requesting a rear
yard setback of 3 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
and this re
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Chapel Hill Court in the Doon South
neighbourhood, which is predominantly comprised of low rise detached residential uses.
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Figure 1 - Aerial Photo of the 908 Chapel Hill Court (Outlined in Red).
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 request relief from Section 4.14.4 c) of Zoning By-law
2019-051, to permit a rear yard setback of 3 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 to encroach into the rear yard setback will allow for the
construction of a functional deck, currently restricted by the existing reduced rear yard and
setback constraints.
Staff note that the site has previously been subject to an approved Minor Variance
Application A2019-133, which allowed a reduced rear yard setback of 6.1 metres rather
than the required setback of 7.5 metres to facilitate the development of a single detached
dwelling.
Figure 2 - Proposed Site Plan.
Figure 3 Proposed east elevation.
Figure 4- Proposed rear elevation.
Planning Staff conducted a site visit on July 30, 2024
Figure 5 Site Photo of 908 Chapel Hill Court.
Figure 6 - Existing rear yard where the deck is proposed.
Figure 7 Existing Stormwater Management Pond abutting the rear of the property.
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 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
stormwater management pond 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 3 metre setback will still provide an adequate amenity area and privacy
from the rear adjacent property, as there is sufficient buffering between properties, due to
the presence of astormwater management pond abutting the rear property line. In the
opinion of Planning Staff, the requested variance to permit a reduced rear yard setback to
facilitate the construction of a functional unenclosed deck, greater than 0.6 metres in
height, 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 3-metre rear yard setback is minor,
as any privacy concerns related to the adjacent properties are minimal, and there are not
any expected significant adverse impacts to the character of the neighbourhood. 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 functional deck width which will
further improve its use and enhance the design.
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 permit for
the rear yard deck 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.
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 dvance
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
ailing 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
DSD-19-278
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