HomeMy WebLinkAboutDSD-2024-393 - A 2024-069 - 68 West Acres 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: Ben, Suchomel, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: August 30, 2024
REPORT NO.: DSD-2024-393
SUBJECT: Minor Variance Application A2024-069
68 West Acres Crescent
RECOMMENDATION:
That Minor Variance Application A2024-069 for 68 West Acres Crescent requesting
relief from Section 7.3, Table 7-2, to permit a front yard setback of 9.0 metres
instead of the minimum required 11.8 metres to facilitate the construction of a new
two-storey detached dwelling on the subject property, in accordance with drawings
prepared by J.D Barnes Limited, dated August 9, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend the approval of the minor
variance application to facilitate the development of a detached dwelling with a
reduced front yard setback.
The key finding of this report is that the minor variance meets the four tests set out
within 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 West Acres Crescent and is located
within the Forest Heights neighbourhood. The surrounding context of the subject property
is primarily comprised of low-rise residential uses.
Figure 1: Location Map-68 West Acres Crescent (Outlined in Red)
The subject property is identified asaCommunity AreaUrban Structure and
Low Rise Residential
Low Rise Residential FourZone (RES-4-law 2019-
051.
The purpose of the minor variance application is to review the request to permita reduced
front yard setback in order toconstructa two-storey detached dwelling on an existing
vacant lot.
Figure 2: Site Plan
st
Figure 3: 1 Floor, Floor Plan
nd
Figure 4: 2 Floor, Floor Plan
Planning Staff conducted a site visit on August 30, 2024.
Figure 5: Existing site conditions at 68 West Acres Crescent on August 30, 2024
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 Rise Map 3 Land Use in the
. 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 use of the property for a new two-storey
Detached Dwelling conforms to the land use designation. Accordingly, staff are of the
opinion that the variance to facilitate the new single detached dwelling on an existing
vacant lot with a reduced front yard setback maintains the general intent of the Official
Plan.
General Intent of the Zoning By-law
The intent of the regulation for minimum/maximum front yard setback is to ensure that new
buildings maintain a consistent front yard setback with the adjacent properties and the
existing neighbourhood, developed as part of the RIENS (Residential Intensification in
Established Neighbourhoods) Study. When determining the required front yard setback
using RIENS, staff calculate the average of the front yard setbacks from the two adjacent
properties, and then add or subtract 1 metre to establish the permitted setback in which a
dwelling would be permitted. Staff acknowledge that the proposed design includes only a
portion of the building proposed to be setback 9.0 metres from the front lot line, whereas
the rest of the home is setback a greater distance. It is additionally important to note that
other homes on West Acres Crescent have a front yard setback of less than 9 metres. As
such, there is not expected to be a
opinion that the front yard setback variance 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 effect of the requested variance is minor as the reduced
front yard will not present any significant impacts to adjacent properties, the streetscape or
to the overall neighbourhood. There is not a consistent front yard setback on the street
and several other properties on the street have a similar front yard setback. As a result,
the staff are of the opinion that the impact of the variance is minor in nature.
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 front yard setback is
appropriate for the desirable use of the lands as it will allow for development of the vacant
land. The proposed scale, massing, and height proposed of the two-storey detached
dwelling will be compatible with the existing neighbourhood and will not negatively impact
the existing streetscape character, the adjacent properties or the surrounding
neighbourhood.
Environmental Planning Comments:
No natural heritage features/functions on/adjacent to property. Tree in potential shared
ownership with 62 West Acres. Plans should be assessed for potential impact on this tree
to determine if a condition is necessary.
Heritage Planning Comments:
No Heritage Comments or Concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building
permit for the new single detached dwelling is obtained prior to construction.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
There is a large City owned street tree within the boulevard of this property and this tree
must be protected to City standards throughout construction as per Chapter 690 of the
current Property Maintenance By-law. Suitable arrangements including the submission
and approval of a Tree Protection and Enhancement Plan showing full protection for the
existing tree; an ISA valuation of the City-owned tree and any required securities or
compensation for the tree will be required to the satisfaction of Parks and Cemeteries prior
to the issuance of a Building Permit. Please see Urban Design Manual Part C, Section 13
and www.kitchener.ca/treemanagement
This City Street tree is currently not illustrated on the submitted plans and the proposed
building layout should be revised to protect the existing tree and accommodate the
existing municipal hydrant.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
Grand River Conservation Authority (GRCA) Comments:
Grand River Conservation Authority (GRCA) staff has reviewed the application. GRCA has
no objection to the approval of the 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
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
Residential Intensification in Established Neighbourhoods Study (2017)
Official Plan (2014)
Zoning By-law 2019-051
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
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