HomeMy WebLinkAboutDSD-2024-523 - A 2024-108 - 42 Wendy Crescent
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 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 2
DATE OF REPORT: December 4, 2024
REPORT NO.: DSD-2024-523
SUBJECT: Minor Variance Application A2024-108 42 Wendy Crescent
RECOMMENDATION:
That Minor Variance Application A2024-108 for 42 Wendy 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 4.3 metres instead of the maximum permitted 3 metres, to
facilitate the construction of an accessory structure in the rear yard of the subject
property, generally in accordance with drawings by View-it Design, dated March
2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit the
development of an accessory structure with a maximum height to the underside of the
fascia 4.3 metres instead of the maximum permitted 3 metres.
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 north-east side of Wendy Crescent in the Idlewood
neighbourhood. This area primarily consists of low-rise residential uses.
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Community Areas Urban Structure and is
Low Rise Residential
The property is zoned (RES-4-law 2019-
051.
The purpose of the application is to permit the construction of an accessory structure to
have a maximum height to the underside of the fascia of 4.3 metres.
Staff note that there is an issued building permit for the proposed accessory structure at
this property. This permit was issued prior to zoning approval and upon review, Planning
Staff noted that the proposed height to the underside of the fascia exceeded the maximum
permitted 3 metres. The City Building Division has paid the application fee
for the minor variance to account for the pre-mature issuance of the permit.
Staff visited the site on November 21, 2024, and noted that a vehicle appeared to be
parked on a designated walkway as is depicted in Figure 4.
The maximum permitted driveway width of this lot is 50% of the lot width, or 5.2 metres,
whichever is less. Based on mapping, it would appear that this lot is approximately 9
metres in width which would allow a maximum driveway width of 4.5 metres. A 5.2 metre
wide driveway would be required in order to facilitate 2 vehicles to park side by side.
With the concrete extension on the right side of the property, the concrete area appears to
be approximately 7.0 metres in width and would not meet zoning regulations for a
driveway.
Driveways must also be composed of a consistent material that is distinguishable from
other ground cover or surfacing. Although it appears that both the driveway and walkway
are composed of concrete, there also appears to be a distinction that can be made
between driveway and walkway based on the different colours of the concrete.
The applicant is advised that parking is only permitted on a driveway.
Figure 2 Proposed site plan.
Figure 3 Proposed height of the accessory structure.
Planning Staff conducted a site visit on November 21, 2024.
Figure 4 View of 42 Wendy Crescent from the street.
Figure 5 Proposed location of the accessory structure in the rear yard.
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 subject property is designated
designation places emphasis on the 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 with the designation, and it is
the opinion of staff that the requested variance 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 regulation 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. Staff note that the proposed
structure meets the 3-metres height to the fascia regulation at the rear, and at the highest
point, only the front wall facing the dwelling at 42 Wendy Crescent will have a full height of
4.3 metres. Staff are of the opinion that the proposed height increase of 1.3 metres to the
fascia will not have any adverse impacts to neighbouring properties.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that the requested variance is minor in nature as the increase in
height is not anticipated to greatly impact neighbouring properties. The proposed roof is
sloped with only the front façade fully demonstrating a height to the underside of the fascia
of 4.3 metres. Thus, the proposed increase of 1.3 metres for the fascia height will not
present any significant impacts to adjacent properties and the overall neighbourhood, and
as such, Planning Staff are of the opinion that the effects of the requested variance is
minor in nature.
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 use of the land as it will provide increased functionality
of the site. The use of the subject property as a semi-detached dwelling is maintained, and
the accessory building does not prevent the use or future development of abutting lands.
Environmental Planning Comments:
Care should be taken during construction to not impact the root zone of trees on and/or
adjacent to the property. It is recommended that temporary protective fencing be installed
(as per Appendix E
commencing.
Heritage Planning Comments:
No Heritage comments or concerns
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
GRCA Comment:
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
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 Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-law 2019-051
November 18, 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 December 10, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 107 – 15-105 Moorgate Crescent – No concerns
2) A 2024 - 108 – 42 Wendy Crescent – No concerns
3) A 2024 - 109 – 25 Sandsprings Crescent – No concerns
4) A 2024 - 110 – 171 Otterbein Road – No concerns
5) A 2024 - 111 – 124 Cedar Street – No concerns
6) A 2024 - 112 – 578 Guelphh Street – No concerns
7) A 2024 - 113 – 1838 Trussler Road – It is understood that the existing throat width
at the property line for the access onto Trussler Road is not changing, and all
proposed driveway widening is happening on private property. Any changes
within the Region right-of-way will require an Access Permit from the Region of
Waterloo.
8) A 2024 - 114 – 98-102 Weber Street East – No concerns
9) A 2024 – 115 – 217 Lancaster Street West – No concerns
10) A 2024 – 116 – 221 Lancaster Street West – No concerns
11) A 2024 – 117 – 225 Lancaster Street West – No concerns
12) A 2024 – 118 – 229 Lancaster Street West – No concerns
13) A 2024 – 119 – 233 Lancaster Street West – No concerns
Document Number: 4828935
28935
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.
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: 4828935
November 25, 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 December 10, 2024
Applications for Minor Variance
A 2024-07596 Wood StreetA 2024-110171 Otterbein Road
A 2024-10715-105 Mooregate CrescentA 2024-111124 Cedar Street South
A 2024-10842 Wendy CrescentA 2024-112578 Guelph Street
A 2024-10925 Sandsprings CrescentA 2024-1131838 Trussler Road
Applicationsfor Consent
B 2024-017135 Gateway Park DriveB 2024-038250 Shirley Avenue
B 2024-018135 Gateway Park DriveB 2024-039120 Keewatin Avenue
B 2024-037135 Gateway Park DriveB 2024-040120 Keewatin Avenue
Applications for Consent and Minor Variance
B 2024-041 to B 2024-047217-233 Lancaster Street East & 98-102 Weber Street East
A 2024-114 to A 2024-119217-233 Lancaster Street East & 98-102 Weber Street East
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