HomeMy WebLinkAboutDSD-2024-388 - A 2024-072 - 565 Topper Woods Crescent
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: Kirsten Hoekstra, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-388
SUBJECT: Minor Variance Application A2024-072 565 Topper Woods
Crescent
RECOMMENDATION:
That Minor Variance Application A2024-072 for 565 Topper Woods Crescent
requesting relief from Section 4.7.2, Table 4-2, of Zoning By-law 2019-051 to permit a
Single Detached Dwelling with an Additional
Dwelling Unit (ADU) (Attached), a Duplex, whereas this Home Occupation is only
permitted in a Single Detached Dwelling, generally in accordance with drawings
prepared by Effriel Dela Paz, submitted with Minor Variance Application A2024-072,
BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit a home
occupation (catering service establishment) to be permitted in a single detached
dwelling with an additional dwelling unit (attached).
The key finding of this report is that the requested minor variance meets 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 east side of Topper woods Crescent, near the
intersection of Robert Ferrie Drive and Topper Woods Crescent, in the Doon South
neighbourhood.
Figure 1 Location of subject property (outlined in Red)
The subject property is identified as a Urban Structure and
Low Rise Residential
Low Rise Residential Four Zone (RES-4-law 2019-
051.
The purpose of the application is to permit a home occupation (catering service
establishment) in a single detached dwelling with an Additional Dwelling Unit (ADU)
(Attached), a Duplex, whereas this home occupation is only permitted in a single detached
dwelling. All other regulations of the Zoning By-law will be met, including parking.
The applicant advised Staff that the catering service establishment will be located in one
room on the first floor, and that the site is not currently operating as a duplex, nor does the
applicant intend to rent out the other unit. Further, Staff were informed that the applicant
considered removing the legal duplex status, but ultimately decided to keep this status so
it does not have to be reestablished if they plan to sell the property in the future.
Figure 2 Proposed floor plan.
Figure 3 Survey plan for 565 Topper Woods Crescent.
Planning Staff conducted a site visit on August 30, 2024.
Figure 4 View of 565 Topper Woods Crescent from the street.
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 property is designated as Low Rise Residential which places emphasis on
compatibility of building form with respect to massing, scale, and design to support
successful integration of different housing types. It also places emphasis on the
relationship of housing to adjacent buildings, streets, and exterior areas. The existing use
of the site as a Single Detached Dwelling with one Additional Dwelling Unit (ADU)
(Attached) is permitted. The massing and scale of the building is not changing. The
addition of an accessory home occupation is in keeping with the intent of the residential
designation and therefore the proposed variance meets the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation prohibiting a catering service establishment as a home
business in a dwelling with two units is to ensure that a home occupation does not
negatively impact any other occupants in the building. Staff were advised that there will be
no clients/customers coming to the premises as all orders will be completed through
delivery and transactions done online.
Additionally, as noted in the background section of the report, the home occupation is
proposed to be limited to one room on the first floor, 15.4 square metres in area. The
Zoning by-law would permit an area of 50 square metres. The applicant further advised
staff that they are not using the property as a duplex, with immediate family residing in
both units of the house, and they do not intend to rent out the other unit for as long as the
catering service establishment is in business. Thus, Planning Staff is of the opinion that
the requested variance meets the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The area to be used for the home occupation is one room with a total area of 15.4 square
metres. This is a small portion of the entire building which has a gross floor area of
approximately 334 square metres for the two dwelling units. As noted above, as this
catering service establishment will have minimum impacts to the functionality of the
dwelling and property and there will be no clients coming and going, Staff is of the opinion
that the effects of the variance will be minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable for the appropriate development and use of the residential
building on the subject property as it will facilitate an appropriate home occupation to
operate in a building designed to have two dwelling units. As the business will be limited to
one room and will not attract customers to the property, staff is of the opinion that this
variance is an appropriate use on the property.
Environmental Planning Comments:
No concerns due to no site development work proposed.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. An application has been
made to add the bakery into the existing duplex.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns, no comments
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
GRCA 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