HomeMy WebLinkAboutDSD-2024-493 - A 2024-095 - 29 The Crestway
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: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: November 6
REPORT NO.: DSD-2024-493
SUBJECT: Minor Variance Application A2024-095 29 The Crestway
RECOMMENDATION:
That Minor Variance Application A2024-095 for 29 The Crestway 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 5 metres instead of the maximum permitted 3 metres, to
facilitate the construction of an accessory structure in the rear yard of the subject
property, in accordance with drawings prepared by Fine Line Drafting and Design
Inc, dated October 3, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend the approval of the minor
variance application to facilitate the development of an accessory structure with a
maximum building height to the underside of fascia of 5 metres instead of the
permitted height of 3 metres.
The key finding of this report is that the minor variance meets 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
Committee of Adjustment meeting.
This report supports the delivery of core services.
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BACKGROUND:
The subject property is located on the southwest side of The Crestway and is located
within the Pioneer Tower West neighbourhood. The surrounding context of the subject
property is primarily comprised of low-rise residential uses.
Figure 1: Location Map-29 The Crestway(Outlined in Red)
The subject property is identified as son Map 2 Urban Structure and is
designated on Map 3 n
The property is zoned (RES-1)with Site Specific
Provision (272)in Zoning By-law 2019-051.
The purpose of the minor variance application is to review the request to permit an
increased height to the underside of the fascia to facilitate the construction of an
accessory structure in the rear yard of the subject property on a slope.
Figure 2: Accessory Building Site Plan
Figure 3: Proposed Accessory Structure Elevation
Planning Staff conducted a site visit on October 31, 2024.
Figure 4: Existing Site Conditions at 29 The Crestway on October 31, 2024
Figure 5: Proposed Location of Accessory Structure
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
designation places emphasis on compatibility of building form with respect to massing,
scale, and design in order to support the successful integration of different housing types.
It also places emphasis on the relationship of housing to adjacent buildings, streets, and
exterior areas. The proposed use of the property conforms to the designation, and it is the
opinion of staff the requested variance to be able to construct a detached accessory
structure meets 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 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. Due to the slope of the property,
the rear of the property is significantly lower than the front portion where the dwelling is
located. The height of the accessory dwelling will be absorbed by the elevation change
due to the slope. The variance does not elevate the structure above the current ground
level appearance as it blends seamlessly with the surrounding landscape. This ensures
the appearance is not obstructive from adjacent viewpoints and is visually consistent with
the surroundings. The mature trees provide natural privacy buffer. The structure meets the
3-metre height to the fascia regulation at the front and only the rear side exceeds the
permitted height due to the slope. Staff is of the opinion that the requested variance meets
the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variance can be considered minor as it is the opinion of staff that the increase in
height will only impact the rear view of the property as it meets regulation from the front.
The increase of 2 metres for the fascia height at the rear of the structure will not present
any significant impacts to adjacent properties and the overall character of the
neighbourhood.
Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is appropriate for the development and use of the land as it will facilitate the
construction of the accessory structure
variance will allow the structure on a slope without requiring re-grading and disruption to
the natural landscape.
Environmental Planning Comments:
No comments or concerns.
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the new accessory structure is obtained prior to construction.
Engineering Division Comments:
No comments or concerns.
Parks/Operations Division Comments:
No comments or concerns.
Transportation Planning Comments:
No comments or concerns.
Grand River Conservation Area (GRCA) Comments:
No comments or concerns.
Region of Waterloo Comments:
No comments or 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 This
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 par
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