HomeMy WebLinkAboutDSD-2024-476 - A 2024-090 - 386 Wake Robin Crescent
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 19, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals,
519-783-8913
PREPARED BY: Ben Suchomel, Student Planner, 519-783-8948
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: November 06, 2024
REPORT NO.: DSD-2024-476
SUBJECT: Minor Variance Application A2024-090 386 Wake Robin
Crescent
RECOMMENDATION:
That Minor Variance Application A2024-090 for 386 Wake Robin Crescent requesting
relief from Section 4.1 d) of Zoning By-law 2019-051 to permit a maximum height to
the underside of the fascia of 4 metres instead of the maximum permitted 3 metres,
and to permit a building height of 6.3 metres instead of the maximum permitted 5.5
metres to facilitate the construction of a second storey addition to an existing
accessory structure, generally in accordance with revised drawings prepared by
Perspective Views Architectural Designs, dated November 11, 2024, BE REFUSED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend the refusal of the minor
variance application to facilitate a second storey addition to an existing accessory
structure.
The key finding of this report is that the minor variances do not meet 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
s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
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BACKGROUND:
The subject property is located on the NorthwestSide of Wake Robin Crescent. It is
located within the within the Laurentian West Neighbourhood,which is primarily comprised
of low-rise residential uses of varying dwelling types.
The Community AreasUrban Structure and is
Low Rise Residential
Low Rise Residential Four Zone(RES-4-law 2019-
051.
Subject Lands
Figure 1: Location Map 386 Wake Robin Crescent (Outlined in Red)
The purpose of this application is to enable a second-storey addition to be constructed on
an existing accessory structure. It is important to note that the Applicant initially submitted
a Minor Variance Application to allow for an Additional Dwelling Unit (ADU)(Detached)
within the accessory structure.However, staff advised that the conversion of the existing
nd
accessory structure,with a2storeyaddition,to aDetached ADU could not be supported,
asthe property couldnot provide the required 1.1metreunobstructed walkway and
sufficient on-site parking.Afterextensive collaboration and upon being informed of staff's
recommendation that the current design would not be supported, the applicant chose to
defer the application and work with staff to revise theproposal.
Subsequently, the applicant amended the application to seek relief from Zoning By-law
2019-051 to permitthe addition of a second storey to the existing accessory structure,
while proposing a setback of 0.6 metres from the property line.
However, at thetime the revised Minor Variance application was submitted, the applicant
further modified the proposal to remove the 0.6metre setback required by 2019-051to
align with the existing footprint ofthe accessory structureat 0 metres, which compliedwith
the regulations in Zoning By-law 85-1.
Although there is an existing maintenance easement registered on title for the existing
accessory structure, Zoning By-law 2019-051 does not permit the construction of
accessory structures at 0 metres with aneasement. Accordingly, the second storey would
not be able to be constructed at a 0 metre setback.
The revised application failed to include the necessary variance to permit the construction
of a second storey at 0 metres with the existing easement. Accordingly, the applicant was
contacted and revised drawings illustrating that the second storey addition would be
setback 0.6 metres from the side lot line were received on November 11, 2024.
Staff note that there is an easement adjacent to the current accessory structure, which is
intended to facilitate the continued use and maintenance of the accessory structure and
could support maintenance of the proposed second storey addition. However, upon the
completion of a site inspection, staff note that the easement is inaccessible because it has
been fenced off, which could have the potential to impact the long-term maintenance of
the accessory structure.
Staff emphasize that if the Committee wishes to approve the variances to permit an
increased height for the accessory structure, they would still not be able to create an
Additional Dwelling Unit (ADU) (Detached) without obtaining other necessary variances
and building permits.
It should also be noted that Zoning By-laws 85-1 and 2029-051 do not permit accessory
structures to be used for human habitation.
Figure 2: South Elevation
Figure 3: West Elevation
Figure 4: North Elevation
Figure 5: East Elevation
nd
Figure 7: Revised South Elevation (showing 0.6 metre setback for 2 floor)
Figure 8: Revised Interior Layout
Planning staff conducted a site visit on October 31, 2024.
Existing Accessory Structure
Figure 8: Existing Site Conditions at 386 Wake Robin Crescent on October 31, 2024.
Obstructed Easement
Figure 9: Existing Accessory Structureat 386 Wake Robin Crescent on October 31,
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
This designation emphasises the importance of ensuring compatibility in building form with
regard to the massing, scale, and design, which is essential for facilitating the successful
integration of diverse building types. Furthermore, it emphasizes the relationship between
residential structures and adjacent buildings, streets, and public spaces. The accessory
structure useconforms to the land use designation;however,it is not clear whether the
proposed height, massing and scale is compatible and in keeping with the intent of the
land use designation. While the use meets the intent, staff are of the opinion that the
variancesto permit an increasein height may not meet the general intent of the Official
Plan.
General Intent of the Zoning By-law
The intent of the maximum height to the underside of the fascia for an accessory building
is to ensure that accessory structures are not excessive in height and to ensure
neighbouring properties do not have adverse impacts from large rear yard structures.The
proposed second storey may create significant privacy concerns for properties in the
vicinity, particularly the adjacent property, due to its proposed height.
Furthermore, the requested height increase for the accessory structure is greater than the
maximum permitted height for an Additional Dwelling Unit (ADU) (Detached) which is 6.0
metres where the principal dwelling has a building height equal to or greater than 9.1
metres.
Although the second storey is now proposed to be setback 0.6 metres from the side lot
line, upon a site inspection, staff note that the easement is not accessible, and has been
fenced off, which may impact the ability to support long-term maintenance of the
accessory structure.
Staff is of the opinion that the requested variances do not maintain the general intent of
the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that the requested variances are not minor in nature. Specifically,
the increase in fascia height, as well as the overall height of the structure, is expected to
have considerable impacts on adjacent properties, the view from the street, and overall
character of the broader neighborhood.
The 2-storey accessory structure will result in height/massing impacts to abutting
properties beyond that of a typical accessory structure. Furthermore, this modification
could lead to privacy issues for neighboring properties, as well as increased shade
impacts.
As a result, staff concludes that the overall effects of the variances will be not minor in
nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
and use of the accessory structure and use of the property. The increase in building height
results in a 2-storey accessory structure which will have a building height greater than a
Detached ADU and will have the appearance of a single detached dwelling rather than a
detached garage.
It is unclear of the need or purpose of the increase building height of the accessory
structure and staff have concerns with the accessory structure being utilized for human
habitation based on conversations with the homeowner and the drawing illustrating the
Environmental Planning Comments:
No Environmental Planning comments or concerns.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
application has been made to convert the existing detached garage into a Detached ADU.
If the Committee should approve the Minor Variance Application, it is suggested that a
condition be added to require the Owner to modify their Building Permit Application to
remove reference from the accessory structure being used for human habitation or as an
Additional Dwelling Unit (ADU) (Detached).
Engineering Division Comments:
No comment.
Parks/Operations Division Comments:
No concerns.
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 application. The subject property does not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The property is not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
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
i
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 Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
October30, 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 November 19, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 090 – 386 Wake Robin Crescent – No concerns
2) A 2024 - 091 – 32 Burgetz Avenue – No concerns
3) A 2024 - 092 – 34 Burgetz Avenue – No concerns
4) A 2024 - 093 – 36 Burgetz Avenue – No concerns
5) A 2024 - 094 – 38 Burgetz Avenue – No concerns
6) A 2024 - 095 – 29 The Crestway – No concerns
7) A 2024 - 096 – 165 Fairway Road North –No concerns
8) A 2024 - 097 – 593 Ephraim Street – No concerns
9) A 2024 - 098 – 153 Eighth Avenue – No concerns
10) A 2024 - 099 – 165 Courtland Avenue East – No concerns
11) A 2024 - 100-103 – 100-106 St. George Street – No concerns
12) A 2024 - 104 – 70 Rutherford Drive – No concerns
13) A 2024 - 105 – 74 Rutherford Drive – No concerns
14) A 2024 - 106 – 73 Fourth Avenue – No concerns
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: 4815124
815124
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: 4815124
November 4, 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 November 19, 2024
Applications for Minor Variance
A 2024-090386 Wake Robin CrescentA 2024-098153 Eighth Avenue
A 2024-09132 Burgetz AvenueA 2024-100100-106 St. George Street
A 2024-09234 Burgetz AvenueA 2024-101100-106St. George Street
A 2024-09336 Burgetz AvenueA 2024-102100-106 St. George Street
A 2024-09438 Burgetz AvenueA 2024-103100-106 St. George Street
A2024-09529 The CrestwayA 2024-10470 Rutherford Drive
A 2024-096165 Fairway Road NorthA 2024-10574 Rutherford Drive
A 2024-097593 Ephraim StreetA 2024-10673 Fourth Avenue
Applicationsfor Consent
B 2024-02962 Fourth AvenueB 2024-034 & B 2024-03570 & 74
B 2024-030630 Benninger DriveRutherford Drive
B 2024-031829 Stirling Avenue SouthB 2024-03673 Fourth Avenue
B2024-032& B 2024-03375 Otterbein
Road
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