HomeMy WebLinkAboutDSD-2024-515 - A 2024-109 - 25 Sandsprings 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: Ben Suchomel, Student Planner, 519-783-8948
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: November 26, 2024
REPORT NO.: DSD-2024-515
SUBJECT: Minor Variance Application A2024-109 - 25 Sandsprings Cres.
RECOMMENDATION:
That Minor Variance Application A2024-109 for 25 Sandsprings Crescent requesting
relief from Section 5.4, Table 5-2, of Zoning By-law 2019-051 to permit a driveway to
be located 0 metres from an interior lot line instead of the minimum required 1.2
metres, to recognize the location of an existing driveway, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the minor variance application to permit a
driveway to be located 0 metres from an interior lot line instead of the minimum
required 1.2 metres to recognize the location of an existing driveway.
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
s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the southeast side of Sandsprings Crescent, near the
intersection of Devonglen Drive and Sandsprings Crescent, within the Country Hills
neighbourhood.
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Figure 1 Location of subject property (outlined in RED)
The subject property is identifiedCommunity AreasUrban Structure and is
Low Rise Residential
Low Rise Residential Two Zone (RES-2-law2019-
051.
The purpose of the application is to recognizethe location of the existing driveway that is
setback 0 metres from the interior lot line instead on the minimum required 1.2 metres.
Staff note that the current driveway width conforms with the zoning by-law regulations and
thus,a variance to legalize the location of the driveway is all that is required.
Figure 2 Site Plan
Planning Staff conducted a site visit on November 21, 2024.
Figure 3 View of 25 Sandsprings Crescent from the street.
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 Low Rise Residential in the Official Plan. The
intent of this designation is to encourage a range of different housing to achieve a low rise
built form in the neighbourhood.
Specifically, Section 13.C.8.4 of the Official Plan states:
f) to result in aesthetically acceptable parking areas which blend into the general
Planning staff is of the opinion thatasthe existing driveway blends into the streetscape
and general environment of the area and meets the maximum width of a driveway in the
Zoning By-law, the requested variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The purpose of the side yard setback for driveway space is to maintain a sufficient
distance from the property line. This ensures that vehicles and their access do not
encroach upon or require crossing the property line onto adjacent properties. Staff
observed that the neighbouring property had constructed a fence that effectively
delineates the boundary in this location, ensuring there is no encroachment onto their
land.
Staff note that the current driveway width conforms with the zoning by-law regulations and
therefore, a variance to legalize the location of the driveway is all that is required.
As a result, staff are of the opinion that the proposed variance maintains the general intent
of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested reduction in setback of the driveway from the interior lot line width can be
considered minor as this is an existing condition and there are no proposed changes to the
driveway width. Staff do not anticipate any significant effects or adverse impacts as a
proposed 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 is considered a desirable and appropriate use as it will bring the
driveway into compliance with the Zoning By-law.
Environmental Planning Comments:
No 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:
Engineering has no comment.
Parks/Operations Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
Grand River Conservation Authority (GRCA) Comments:
GRCA has no objection to the approval of the application. The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The property is not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
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