HomeMy WebLinkAboutDSD-2024-521 - A 2024-110 - 171 Otterbein Road
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 1
DATE OF REPORT: December 4, 2024
REPORT NO.: DSD-2024-521
SUBJECT: Minor Variance Application A2024-110 171 Otterbein Road
RECOMMENDATION:
That Minor Variance Application A2024-110 for 171 Otterbein Road requesting relief
from Section 5.4, Table 5-2, of Zoning By-law 2019-051 to permit:
i) A corner lot width of 12.5 metres instead of the minimum required 12.8 metres;
and
ii) A rear yard setback of 4 metres instead of the minimum required 7.5 metres;
to facilitate the construction of a new detached dwelling on a vacant corner lot,
generally in accordance with drawings by J.D. Barnes Limited, submitted with Minor
Variance Application A2024-110, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of a new detached dwelling on a vacant lot having a reduced lot width
and a rear yard setback.
The key finding of this report is that the requested variances meet 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.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located on the south side of Otterbein Road at the intersection of
Dunnigan Drive andOtterbein Road, in the Grand River North neighbourhood.
Figure 1 Location of subject property (outlined in RED)
Community Areas Urban Structure and is
Low Rise Residential
Low Rise Residential Four Zone (RES-4-law 2019-
051.
The purpose of the application is to permit the construction of a new detached dwelling on
a vacant corner lot that has a reduced lot width and is proposed to have a reduced rear
yard setback.
Zoning By-law 2019-051 states that the front lot line of a corner lot is the shorter lot line
abutting a street, meaning that 171 Otterbein Road fronts Dunnigan Drive. However, this
lot was created under Zoning By-law 85-1 where either lot line could be considered the
front lot line.
Under Zoning By-law 85-1 and based on the Transition regulations in Zoning By-law 2019-
051, a variance for a reduced lot width would not be required. However, the applicant has
requested this variance as to ensure the site is also compliant with Zoning By-law 2019-
051.
Additionally, staff note, regarding the requested reduced rear yard setback, through the
initial subdivision plan, the orientation of the driveway was approved at the proposed
location shown in Figure 2, as it was determined that the driveway would be best located
farthest away from the roundabout.
Figure 2 Proposed Site Plan
Planning Staff conducted a site visit on November 21, 2024.
Figure 3 View of 171 Otterbein Road from the street.
Figure 4 View of the adjacent property abutting the proposed rear yard of 171
Otterbein Road.
In January of this year the Committee of Adjustment considered and approved Minor
Variance Application A2024-009 for 169 Otterbein Road, directly across from the subject
property, which requested a reduction in the minimum required rear yard setback from 7.5
metres to 2 metres, to facilitate the construction of a detached dwelling on a vacant lot.
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. It also places emphasis on the relationship of
housing to adjacent buildings, streets, and exterior areas. The use of the property for a
new detached dwelling conforms to the land use designation. Accordingly, the variances to
facilitate the new detached dwelling meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Lot width:
The general intent of the minimum lot width requirement of 12.8 metres for a corner lot is
to ensure that there is adequate space for required parking, setbacks, and amenity space
on the lot. The proposed lot width of 12.5 metres will still accommodate these functions.
Thus, Planning Staff are of the opinion that the requested variance meets the general
intent of the zoning by-law.
Rear yard setback:
The minimum rear yard setback requirement is to ensure private amenity space for
residents as well as adequate separation between buildings on adjacent properties is
provided. Planning Staff is of the opinion that the proposed 4 metre setback will still
provide an adequate amenity area and privacy from the adjacent rear property, as there
will be sufficient buffering between properties. Staff also note that there are limited
windows on the adjacent building oriented towards the rear yard, thus reducing potential
privacy concerns resulting from the reduced rear yard setback. Therefore, Staff is of the
opinion that that the requested rear yard setback variance meets the general intent of the
zoning by-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that the proposed variances for a reduced lot width and rear yard
setback are minor in nature as any privacy concerns related to the adjacent property is
minimal. The lot width reduction of 0.3 metres is not discernible and will provide adequate
space to accommodate parking, setbacks, and amenity space. Additionally, Staff note that
the rear yard setback variance has been requested to accommodate an attached garage
and driveway, the location of which was contemplated as part of the previous subdivision
approval under 85-1. As such, Staff are of the opinion that the effects of the proposed
variances are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Planning Staff is of the opinion that the variances requested to reduce the minimum rear
yard setback and lot width are appropriate for the desirable development and use of the
lands as it will facilitate a new detached dwelling, increasing the functionality of the
location and desirability of this residential property.
Environmental Planning Comments:
No natural heritage concerns or tree management concerns.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the new single detached dwelling is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
Engineering has no comments.
Parks/Operations Division Comments:
The proposed driveway aligns with the approved Street Tree Planting Plan for the
subdivision.
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
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
i
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
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