HomeMy WebLinkAboutDSD-2024-446 - A 2024-082 - 685 Frederick Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 15, 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 1
DATE OF REPORT: October 2, 2024
REPORT NO.: DSD-2024-446
SUBJECT: Minor Variance Application A2024-082 685 Frederick Street
RECOMMENDATION:
That Minor Variance Application A2024-082 for 685 Frederick Street requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 4.12.2 e) to permit an unobstructed walkway to have a width of 1 metre
instead of the minimum required 1.1 metres; and
ii) Section 7.3, Table 7-2, to permit an interior side yard of 1 metre instead of the
minimum 1.2 metres;
to recognize the location of the existing building and permit the development of an
Additional Dwelling Unit (ADU) (Detached and Attached), generally in accordance
with drawings prepared by Mechways Inc., submitted with Minor Variance
Application A2024-082, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to recognize the location of the
existing primary dwelling and proposed Additional Dwelling Unit (ADU) (Attached) and
a reduced unobstructed walkway to permit the use of detached structure for an
Additional Dwelling Unit (ADU) (Detached) (for a total of 3 dwelling units on the
property).
The key finding of this report is that the variances do not align with applicable policies
and that the variances do not meet all four tests of a minor variance. Staff is
recommending the refusal of the subject application.
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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and this re
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is locatedon the south side of Frederick Street near the intersection
of Lois Street and Frederick Street in theRosemountneighbourhood. This neighbourhood
is primarily comprised of low-riseresidential dwellings and natural area. The site currently
contains asingle detached dwelling with a detached structure proposed to be used as an
Additional Dwelling Unit (ADU) (Detached).
Community AreasUrban Structure and is
Low Rise Residential
Low Rise Residential Two Zone(RES-2-law2019-
051.
Figure 1 Location of subject property (outlined in Red)
The purpose of the applicationis to recognize the location of the existing primary building
to permit the development of an Additional Dwelling Unit (Attached) and to legalize the
existing unobstructed walkway to theproposedAdditional Dwelling Unit (ADU) (Detached).
685 Frederick Street was previously subject to Minor Variance Application A2023-082. The
requested and approved variancewas for a reduced easterly side yard setbackto legalize
the existing single detached dwelling. This wasto allow for the construction of an
Additional Dwelling Unit (ADU) (Detached)in the rear yard of the subject property. It was
noted inthe Zoning Occupancy Certificate needed for the Building Permit and inReport
DSD-2023-31, discussing the minor variance,that the attached garage would be
demolishedand rebuilt to meet the required side yard setback and to allow for the
unobstructed 1.1 metre walkway to be placed on the west side of the property. As such a
variance to permit a reduced side yard setback on the east side was only requested at this
time.
Figure 2: Zoning Approved Site Plan from Minor Variance Application A2023-082
During the zoning review of Building Permit Application # 24 118305, which was submitted
to permitthe conversion of the Single Detached Dwellinginto a Duplex, Planning Staff
noted that the attached garage had not been demolished and the existing side yard
setback and walkway do not meet zoning regulations. The applicant is now requesting
minor variances in lieu of demolishing the attached garage, to permit the detached
structure in the rear yard to be used as a dwelling and to facilitate the conversion of the
single detached dwelling to a duplex.
Additionally of note, during a site visit conducted by staff on September 26, 2024, it was
identified that an existing utility meter encroaches into the proposed unobstructed walkway
which was not identified on the submitted site plan. Potential further obstruction by an
existing fence and tree were also identified by Planning Staff. Fire Prevention has advised
that they are not supportive of the proposed reduction in the obstructed walkway width to a
width of 1 metre.
Staff also note that the existing pad of pavers adjacent to the driveway shown in Figure 4
is not to be used as a parking spot. Driveways must be composed of a consistent material
that is distinguishable from other ground cover or surfacing. The existing pad would not
meet zoning regulations for a parking space.
Figure 3: New Proposed Site Plan.
Planning Staff Conducted a site visit on September 26, 2024.
Figure 4: Existing view of 685 Frederick Street from the sidewalk.
Figure 5: Existing side yard setback and unobstructed walkway to additional
dwelling unit (detached).
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
Residential
low-rise housing types while maintaining the low-density character of the neighbourhood.
This designation encourages residential intensification and redevelopment including
additional dwelling units to respond to changing housing needs and as a cost-effective
means to reduce infrastructure and service costs. As, the requested reduced interior side
yard setback and walkway width would facilitate the development of an additional dwelling
unit (Detached and Attached), the general intent of the Official Planis maintained.
General Intent of the Zoning By-law
The intent of the interior side yard setback and the unobstructed walkway width regulation
is to ensure that a property has sufficient setback from adjacent properties and a
functional point of access to the rear yard. The unobstructed walkway width requirement of
1.1 metres is to allow for fire and emergency access, as well, is to ensure residents and
visitors can easily find and access a dwelling unit, when there are two or three additional
dwelling units, on site. The intent of both regulations is to ensure the functionality of the
site and to maintain a clear path of travel to the rear yard. Staff note that the proposed
location for the unobstructed walkway to the Additional Dwelling Unit (Detached) appears
to be encumbered by a utility meter and possibly, an encroaching fence.
Staff are of the opinion that the proposed side yard setback and unobstructed walkway of
1 metre, or less, would not adequately accommodate these purposes, and as a result, the
proposed variances do not meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The location of the unobstructed path of travel with a reduced interior side yard setback
are considered not sufficient to ensure adequate access to the rear yard is available in
case of an emergency. Staff have determined that as both variances do not meet the
intent of the zoning By-law and do not ensure sufficient rear yard access. The variances
are not considered to be minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff are of the opinion that the variances to permit a reduced side yard setback and
unobstructed walkway are not desirable and appropriate for the site as it would limit the
functionality and ability of emergency services, residents, and visitors to access the
existing Additional Dwelling Unit (ADU) (Detached) in the rear of the property.
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. An application has been
made to convert the existing single detached dwelling into a duplex.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Grand River Conservation Authority (GRCA) Comments:
GRCA has no objection to the approval of the above application.
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
DSD-2023-311