HomeMy WebLinkAboutDSD-2024-488 - A 2024-098 - 153 Eighth 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: Sheryl Rice Menezes, Senior Planning Technician,
519-783-8944
WARD(S) INVOLVED: 3
DATE OF REPORT: November 12, 2024
REPORT NO.: DSD-2024-488
SUBJECT: Minor Variance Application A2024-098 153 Eighth Avenue
RECOMMENDATION:
That Minor Variance Application A2024-098 for 153 Eighth Avenue requesting relief
from Section 4.12.3 e) of Zoning By-law 2019-051 to facilitate the conversion of an
existing detached garage into an Additional Dwelling Unit (ADU) (Detached) having
a Gross Floor Area (GFA) of 83.7 square metres instead of the maximum permitted
80 square metres, generally in accordance with drawings attached to Minor
Variance Application A2024-098, BE APPROVED subject to the following conditions.
1. That the Owner shall:
i) Modify and install a distinguishable driveway and required walkway(s);
ii) Modify the parking area in the rear yard to remove unnecessary asphalt, not
required for parking, and install appropriate landscaping;
iii) Modify the existing deck/porch and the existing fence in the front yard;
to be in compliance with the regulations of Zoning By-law 2019-051 and the
Fence By-law, 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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REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
conversion of an existing detached garage to an Accessory Dwelling Unit (ADU)
(Detached).
The key finding of this report is that the requested minor variance meets all the four
texts 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 east side of 153 Eighth Avenue, south of Connaught
Street.
The subject property is identified as s on Map 2 Urban Structure and is
Low Rise Residential 2014 Official Plan.
Low Rise Residential Four Zone (RES-4-law 2019-
051.
The purpose of the application is to facilitate the conversion of the existing detached
garage to an Additional Dwelling Unit (ADU) (Detached) with a footprint of 83.7 square
metres rather than the permitted maximum of 80 square metres.
Figure 1 - Aerial photo of subject property
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 intent of the Low Rise Residential land use designation is to encourage residential
intensification and/or redevelopment which includes ADUs to respond to the changing
housing needs and as a cost-effective means to reduce infrastructure and service costs by
minimizing land consumption and making better use of existing community infrastructure.
The variance meets the general intent of the Official Plan.
Figure 2 - Street view of subject property
General Intent of the Zoning By-law
The intent of the footprint regulation is to ensure that detached ADUs do not dominate the
rear yard. The massing and size of detached ADUs is regulated by floor area and building
height. A footprint of 83.7 square metres is minimally over the maximum 80 square metres
permitted and would not be visible. As the building, currently a detached garage, already
exists, meets the 5 metre setback from the principle dwelling, it is not practical to reduce
the footprint. Staff are of the opinion that the variance meets the general intent of the
Zoning By-law.
Figure 3 - Existing garage to be converted to Detached Additional Dwelling Unit
Figure 4 - Aerial photo from Google streetview.
Is/Are the Effects of the Variance(s) Minor?
As shown in the drawings submitted with the application, the detached ADU is to be located
in the existing garage which is located at the rear of the property and is shown on the
drawings to meet the minimum 0.6 metre side yard and rear yard setbacks. As well, the
minimum 5 metre setback to the main dwelling is met. The building already exists and
permitting an increase of 3.7 m is considered minor (see Figure 4).
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 variance for the detached ADU is desirable and
appropriate for the property and will provide a gentle form of intensification which can be
considered appropriate for the use of the property and compatible with the surrounding
neighbourhood.
EXISTING DRIVEWAY
From staff review, it has been noted that the existing driveway of recycled asphalt appears
to exceed the maximum driveway width of 40% (5.5 metres) (see Figure 2).
The applicant advised that some recycled asphalt has moved onto a walkway that exists to
the left and that he will be creating a new 1.1 m walkway to the right. He is aware of the
maximum driveway width and will update his zoning plan (below) for the Zoning Certificate
that is required for building permit review to show both walkways (and material used) and
maximum driveway width and ensure it is corrected on the property. This will also be
followed up by staff as part of the building permit/zoning inspections.
Regarding the rear yard which is also covered in recycled asphalt and is not permitted to
are permitted in the rear yard. He will update his zoning plan to show the spaces and any
remaining area will have to be changed to an alternate material to differentiate parking
area from non-parking area. This will also be updated on the zoning plan for the Zoning
Certificate.
EXISTING DECK
It was noted from the site visit, there is an additional existing deck/porch behind a fence in
the front yard that is not shown on the zoning plan.
The deck is permitted provided it is less than 1 metre in height above the grade, is located
3 metres from the front lot line and 1.2 metres from the side lot line. The applicant will
have to provide these details on the zoning plan and if regulations not met, the deck to be
removed, reconstructed to comply, or consideration of a new minor variance application
required.
Figure 5 - Proposed zoning plan submitted with Zoning Certificate and this
application.
EXISTING FENCE IN FRONT YARD
In addition, there is a 1.5 metre high solid wood fence in the front yard not shown on the
zoning plan. Whereas the maximum fence height in the front yard is 0.9 metres if the
deck/porch it surrounds it is 0.6 metres high or less. The applicant has been advised that
these details to be supplied on the zoning plan to determine maximum height of fence. If
the fence is not permitted, then a separate Fence Variance Application is required to be
considered or the fence could be removed or reduced in height to comply. Staff will work
with the applicant on his zoning plan to ensure this item is resolved.
Figure 6 - Existing front yard fence. Height 1.5 metres (4 ft, 11 in).
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
No comments.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the change of use of the detached garage into a detached ADU is obtained prior to
construction. Please contact the Building Division at building@kitchener.ca with any
questions.
Engineering Division Comments:
The side yard currently accommodates overland stormwater flows from the rear yard. A
sidewalk is required to the rear yard in accordance with the Zoning By-law. The final
grading of this property shall not adversely affect the drainage of adjacent properties or the
overall grading control plan. The Owner is responsible to address storm water drainage at
the Building Permit stage.
Parks/Operations Division Comments:
The existing driveway on the property is not as shown on plans. See Staff comments
above.
Transportation Planning Comments:
Transportation Services have no concerns with this 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 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