HomeMy WebLinkAboutDSD-2024-471 - A 2024-091-094 - 32-38 Burgetz Avenue
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 19, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Brian Bateman, Senior Planner, 519-783-8905
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: November 6, 2024
REPORT NO.: DSD-2024-471
SUBJECT: Minor Variance Application A2024-091 - 32 Burgetz Ave.
Minor Variance Application A2024-092 34 Burgetz Ave.
Minor Variance Application A2024-093 36 Burgetz Ave.
Minor Variance Application A2024-094 38 Burgetz Ave.
RECOMMENDATION:
A. Minor Variance Application A2024-091 32 Burgetz Avenue
That Minor Variance Application A2024-091 for 32 Burgetz Avenue requesting relief
from Sections 5.3.3 i) and iii) of Zoning By-law 2019-051 to permit a parking space
located within a building to be setback 5.6 metres instead of the minimum required
6 metres to legalize the location of an attached garage for the existing semi-
detached dwelling; and to allow the required parking for a duplex in a driveway to
be located 0 metres from the front lot line instead of the required 0.5 metres, BE
APPROVED, subject to the following conditions:
1. That the property owner shall install a distinguishable driveway and required
walkway(s) and landscaped areas, in accordance with the regulations of Zoning
By-law 2019-051, to the satisfaction of the Manager of Development Approvals,
by June 1, 2025.
2. Any request for a time extension must be approved in writing by the Manager of
Development Approvals prior to completion date set out in this decision.
3. Failure to complete Condition No. 1 will result in this approval becoming null
and void.
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B. Minor Variance Application A2024-092 34 Burgetz Avenue
That Minor Variance Application A2024-092 for 34 Burgetz Avenue requesting relief
from Sections 5.3.3 i) and iii) of Zoning By-law 2019-051 to permit a parking space
located within a building to be setback 5.6 metres instead of the minimum required
6 metres to legalize the location of an attached garage for the existing semi-
detached dwelling; and to allow the required parking for a duplex in a driveway to
be located 0 metres from the front lot line instead of the required 0.5 metres, BE
APPROVED, subject to the following:
1. That the property owner shall install a distinguishable driveway and required
walkway(s) and landscaped areas, in accordance with the regulations of Zoning
By-law 2019-051, to the satisfaction of the Manager of Development Approvals,
by June 1, 2025.
2. Any request for a time extension must be approved in writing by the Manager of
Development Approvals prior to completion date set out in this decision.
3. Failure to complete Condition No. 1 will result in this approval becoming null
and void.
C. Minor Variance Application A2024-093 36 Burgetz Avenue
That Minor Variance Application A2024-093 for 36 Burgetz Avenue requesting relief
from Sections 5.3.3 i) and iii) of Zoning By-law 2019-051 to permit a parking space
located within a building to be setback 5.6 metres instead of the minimum required
6 metres to legalize the location of an attached garage for the existing semi-
detached dwelling; and to allow the required parking for a duplex in a driveway to
be located 0 metres from the front lot line instead of the required 0.5 metres, BE
APPROVED, subject to the following:
1. That the property owner shall install a distinguishable driveway and required
walkway(s) and landscaped areas, in accordance with the regulations of Zoning
By-law 2019-051, to the satisfaction of the Manager of Development Approvals,
by June 1, 2025.
2. Any request for a time extension must be approved in writing by the Manager of
Development Approvals prior to completion date set out in this decision.
3. Failure to complete Condition No. 1 will result in this approval becoming null
and void.
D. Minor Variance Application A2024-094 38 Burgetz Avenue
That Minor Variance Application A2024-094 for 38 Burgetz Avenue requesting relief
from Sections 5.3.3 i) and iii) of Zoning By-law 2019-051 to permit a parking space
located within a building to be setback 5.7 metres instead of the minimum required
6 metres to legalize the location of an attached garage for the existing semi-
detached dwelling; and to allow the required parking for a duplex in a driveway to
be located 0 metres from the front lot line instead of the required 0.5 metres, BE
APPROVED, subject to the following:
1. That the property owner shall install a distinguishable driveway and required
walkway(s) and landscaped areas, in accordance with the regulations of Zoning
By-law 2019-051, to the satisfactionof the Manager of Development Approvals,
by June 1, 2025.
2. Any request for a time extension must be approved in writing by the Manager of
Development Approvals prior to completion date set out in this decision.
3. Failure to complete Condition No. 1 will result in this approval becoming null
and void.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend approval of the requested
minor variances to legalize the existing setbacks of the attached garages from the
front lot lines and to allow required parking for a duplex be setback 0 metres from the
street line.
The key finding of this report is that the 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
s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject properties are located at 32 to 38 Burgetz Avenue in the Centre-Chicopee
Neighbourhood adjacent to St. Patrick School currently under construction. The subject
properties contain semi-detached dwelling units that were constructed in 2022/2023. The
owner has recently applied for building permits to duplex the semis where it was
discovered they were built with attached garages setback less than the required 6 metres
from the street lot lines.
Additionally, the required second parking space for a duplex in a driveway must be
setback 0.5 metres from the front lot line and, because the driveways are less than 6
metres, this setback cannot be achieved. Hence, a minor variance to allow a 0-metre
setback for required parking for a duplex is also requested.
Therefore, the purpose of Minor Variance Applications A2024-091 to A2024-094 is to
legalize the existing attached garage setbacks to the front lot lines and to allow the
required parking space in a driveway for a duplexed semi to be setback 0 metres to the
front lot lines. Staff further note that existing driveway widths are wider than what the By-
law permits. These are not subject to a variance as the owner has agreed to comply with
the By-law. As a result, approval is conditional upon the driveways meeting the Zoning By-
law for driveway widths.
Figure 1 Aerial Photograph of Subject Properties
Figure 2 Streetview Photo of Subject Properties
The propertiesaredesignated Low Rise Residential
identified as a Community Areas
The properties are zoned Low Rise Residential Four Zone (RES-4) in Zoning By-law
2019-051.
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 to A2024-091, A2024-092, A2024-093 and A2024-094:
General Intent of the Official Plan
The subject properties are Urban Structure
and are Land U
Plan. The intent of the Low Rise Residential designation is to accommodate a diverse
range of low rise housing types while maintaining the low-density character of the
neighbourhood. Official Plan policy 4.C.1.8 details criteria that should be considered where
established neighbourhoods, the requested front yard setback should be similar to
adjacent properties and supports and maintain the character of the streetscape and the
unacceptable adverse impacts for adjacent properties by providing both an appropriate
Permitting the requested variances would recognize an existing situation while facilitating
the conversion of the subject properties into duplexes, which is a permitted use in the land
use designation and provide a form of gentle of intensification in the community while
preserving the built form of the property. Staff are of the opinion that the requested
variances meet the intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the regulation requiring the garage setback is to ensure the garage is
not located ahead of the habitable portion of the dwelling and to ensure a driveway is of
sufficient length to park a vehicle on and would not support overhang of the vehicle on the
sidewalk. The intent is being maintained in both existing situations. The driveways are
slightly greater than 5.5 metres in length which meets the minimum length of a parking
space dimension under the Zoning By-law. Also, the additional 0.5 metres setback is to
provide a small buffer for a required parking space in a driveway for a duplex to ensure no
overhang. Given the minimum length of a parking space is being achieved in the driveway,
the minor variances will meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
In the opinion of staff, the effects of the minor variances are minor, as the deficiencies of
0.3 and 0.4 metres are not discernible, the garages do not protrude beyond the habitable
portion and the minimum length of a parking space of 5.5 metres is being maintained in
the driveways.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances aredesirable and appropriate for the development and use of the lands as
they will recognize the location of the existing attached garages and parking spaces in the
driveways and facilitate a gentle intensification of the semi-detached dwellings with additional
dwelling units.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
No concerns.
GRCA comments:
No concerns.
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 website with the agenda in advance
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
interested parties to find additional information on
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 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
DSD-19-128 - 28 Burgetz Avenue (Consent)
DSD-20-030 - 28 - Burgetz Avenue (Variances and Consents)
DSD-2022-023 - 32 Burgetz Avenue (Consents)
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