HomeMy WebLinkAboutDSD-2024-386 - A 2024-074 - 177 Esson Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847
WARD(S) INVOLVED: 8
DATE OF REPORT: August 29, 2024
REPORT NO.: DSD-2024-386
SUBJECT: Minor Variance Application A2024-074 - 177 Esson Street
RECOMMENDATION:
That Minor Variance Application A2024-074 for 177 Esson Street requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 4.14.7 b) to permit the front porch to be setback 2 metres from the
street line instead of the minimum required 3 metres;
ii) Section 4.14.10 to permit steps, that exceed 0.6 metres above grade, to be
setback 1 metre from the street line instead of the minimum required 3 metres;
and
iii) Section 4.5 a) to permit a portion of the porch, 0.98 metres in height, to be
located within the Driveway Visibility Triangle (DVT) instead of the maximum
permitted height of 0.9 metres permitted in the Driveway Visibility Triangle
(DVT);
to facilitate the reconstruction of the front porch and steps in the front yard of the
subject property, generally in accordance with the drawings prepared by the owner
and the drawings submitted to the building permit prepared by Nathan Siemon,
dated July 9, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to allow for the reconstruction
of the front porch and steps in the front yard of the subject property.
The key finding of this report is that the requested minor variances meet 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
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the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the Westmount neighbourhood, north of Union
Boulevard and east of Belmont Avenue West. It currently contains a two-story Single-
Detached Dwelling with a detached garage in the rear yard.
Figure 1: Location Map.
Figure 2: Zoning Map.
Urban Structure and is
--law 2019-
051.
The purpose of the application is to review minor variances to allow for the reconstruction
of the front porch and steps in the front yard of the subject property. The existing house
had an enclosed porch that the current owner wants to reconstruct. The newly constructed
front porch and steps will result in the following variances:
The front porch is 2 metres from the front lot line.
The front steps are 1 metre from the front lot line.
Part of the front porch exceeds the height permitted in the Driveway Visibility
Triangle (DVT).
Planning staff conducted a site inspection on Thursday, August 28th, 2024.
Figure 3: A photo of the front of the house.
Figure 4: A photo of the driveway, the south side.
Figure 5: A photo of the north side.
Figure 6: The proposed site plan drawing.
Figure 7: Front of the Dwelling Proposed North Elevation.
Figure 8: Proposed East and West Elevations.
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
Land Use. This
designation places emphasis on the compatibility of building form with respect to massing,
scale, and design in order to support the successful integration of different housing types.
It also places emphasis on the relationship of housing to adjacent buildings, streets, and
exterior areas. The variances will facilitate the replacement of an existing porch on a
permitted residential use and will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The Zoning By-law contains regulations to permit the projection of a porch and front steps
into the front yard setback. The intent of these regulations is to encourage designs that
enhance outdoor living spaces, support the extension of residential outdoor living area and
allowing interaction between residents and the neighbourhood. The height of the porch is
limited to maintain the streetscape and to ensure that the porch and steps are accessible
to the street and not a barrier for the sidewalk and/or driveway.
The proposed front porch will be built on the existing foundation of the previous porch,
maintaining the property's current character and design. Though the front porch is
proposed to be 2 metres from the front lot line rather than the required 3 metres, it will be
unenclosed and located similarly with other properties in the area. Its design will not
overwhelm the streetscape, as it will be in line and compatible with adjacent properties.
In addition, with the height of the front door and proposed front porch, the height of the
steps will be slightly higher than 0.6 metres in height, requiring a 3 metre setback. As the
steps do not extend across the entire length of the front porch, staff are of the opinion that
a proposed setback of 1 metre for the steps is appropriate to support the front porch.
While a portion of the porch is within the Driveway Visibility Triangle (DVT), only a small
portion is above 0.9 metres but below 1.0 metres in height. Transportation planning did not
have concerns with it based on the location of the existing home. Therefore, it will not
create a major obstruction to driving. It will also improve the situation, as the new
proposed porch will be open while the previous one was enclosed.
Based on the above,
Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variances to permit the front porch to be located 2 metres instead of 3
metres and for the front steps to be located 1 metre instead of 3 metres, can be
considered minor in nature as the variances will not negatively affect neighbouring
properties. The porch's reduced setback maintains a reasonable distance from the street,
ensuring it does not encroach into the right-of-way or create privacy concerns. The porch
portion within the Driveway Visibility Triangle (DVT) is 0.98 metres in height, while
obstructions up to 0.9 metres are permitted. The porch's open, low-profile structure
ensures that visibility for vehicles and pedestrians will not be compromised.
The front porch will be built on the existing footprint width of the removed enclosed porch and
extend across the front of the dwelling. The built form of the porch will also match the
neighbourhood characteristics, and the part of the porch within the driveway visibility tringle
will not create any additional barrier for visibility.
-mentioned variances may be
considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff is of the opinion that the variances are appropriate and desirable as they will facilitate
the reconstruction of an existing front porch and will improve the front elevation of the
existing house.
Environmental Planning Comments:
There are no natural heritage features or functions and no trees in the work zone. No
concerns.
Heritage Planning Comments:
The property is located adjacent to the Westmount East & West Neighbourhood Cultural
Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated
December 2014 and prepared by The Landplan Collaborative Ltd. was approved by
Council in 2015. The CHLS serves to establish an inventory and was the first step of a
phased Cultural Heritage Landscape (CHL) conservation process. Staff have no
comments or concerns regarding this application.
Building Division Comments:
The Building Division has no objections to the proposed variance. An application has been
made for the replacement of the front porch.
Engineering Division Comments:
No concerns
Parks/Operations Division Comments:
No concerns, no comments
Transportation Planning Comments:
Based on the location of the existing home, Transportation Services have no concerns
with this minor encroachment into the driveway visibility triangle.
The region of Waterloo Comments:
No concerns
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
August 26, 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 September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
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,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
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