HomeMy WebLinkAboutDSD-2024-478 - A 2024-097 - 593 Ephraim Street
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: Kirsten Hoekstra, Student Planner, 519-783-8936
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: November 6, 2024
REPORT NO.: DSD-2024-478
SUBJECT: Minor Variance Application A2024-097 593 Ephraim Street
RECOMMENDATION:
That Minor Variance Application A2024-097 for 593 Ephraim Street requesting relief
from Section 4.1 e) of Zoning By-law 2019-051 to permit a portion of an accessory
building/structure to be located in the front yard, whereas the Zoning By-law does
not permit accessory buildings/structures to be located in the front yard, to legalize
the location of an existing shed, generally in accordance with drawings by Holger
Fischer, submitted with Minor Variance Application A2024-097, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit a portion
of an accessory building/structure to be located in the front yard.
The key finding of this report is that the requested 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.
BACKGROUND:
The subject property is located on the south side of Ephraim Street, near the intersection
of River Road East and Ephraim Steet, in the Rosemount neighbourhood.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Location of subject property (outlined in RED)
Community Areas Urban Structure and is
designated Low Rise Residential
Low Rise Residential Four Zone (RES-4-law 2019-
051.
The purpose of the application is to recognize an existing shed (accessory building) within
the front yard of a single detached dwelling.
Staff have been advised that the applicant received building approval for the subject shed
in July of 2024. Zoning staff noted on the plans that the shed is not permitted within the
front yard. However, staff have been advised that the applicant missed this regulation and
that the shed was built at this location because of an existing smaller shed located 0.9
metres behind the new one. To meet this regulation the applicant would have to relocate
the old shed and pour a new concrete pad for the new shed. As such a variance has been
requested.
Staff also note that there is an existing building permit for this property from 2021 for a
new front porch. The applicant has advised staff that construction for this porch is
underway and planned to be continued in the spring. The proposed porch will project
approximately 2.1 metres into the front yard and staff noted during a site visit that footings
have been placed.
Figure 2 Survey plan for 593 Ephraim Street showing the location of the new shed.
Planning Staff conducted a site visit on October 31, 2024.
Figure 3 View of 593 Ephraim Street from the street.
Figure 4: Existing setback of the shed into the front yard.
Figure 5: Existing rear setback (approximately 0.9 metres) of the new shed to the
pre-existing smaller shed
Footings for new front porch
Figure 6: Photo showing the alignment of the shed to the footings of theproposed
front porch.
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 general intent of the Low-Rise Residential designation is to ensure compatibility of
building form with respect to massing, scale and design in order to support the successful
integration of different housing types while maintaining the low-density character of the
neighbourhood. The accessory building is one-storey and does not detract from the low-
risecharacterof the neighbourhood. Additionally, the use of the property as a single
detached dwelling is not proposed to change as part of this application. Thus, Planning
Staff are of the opinion that the requested variance meets the general intent of the Official
Plan.
General Intent of the Zoning By-law
The intent of the regulation that prohibits accessory buildings and structures in the front
yard is to maintainan aesthetically pleasing streetscape, and to preserve visibility triangles
for movement of pedestrians, cyclists, and motorists. Staff note that the structure
protrudes into the front yard only slightly by 1.9 metres and would generally be in line with
the planneddevelopment of a new front porchthat is proposed to project into the front
yard by approximately 2.1 metres. Additionally, the shed is well set back from the street
line (approximately 7.5 metres). With regards to visibility, staff have confirmed the
structure is outside of any Driveway Visibility Triangles (DVTs) on the subject lands or
neighbouring lands. Therefore, Staff are 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 accessory building does not cause any loss of functionality or use of the subject lands
or the abutting lands. Additionally, the aesthetic effects are minor in the opinion of staff.
Thus, Planning Staff is of the opinion that the effects of the variance are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variance to recognize an existing accessory building in the front yard of an
existing single detached dwelling is considered appropriate for the use of the land, as it
provides additional on-site storage. The use of the subject property as a single detached
dwelling is maintained, and the accessory building does not prevent the use or future
redevelopment of abutting lands.
Environmental Planning Comments:
No environmental comments or concerns.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No comment.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
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 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
website or by emailing the
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 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