HomeMy WebLinkAboutDSD-2024-522 - A 2024-111 - 124 Cedar Street South
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: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: November 27, 2024
REPORT NO.: DSD-2024-522
SUBJECT: Minor Variance Application A2024-111 124 Cedar St. S.
RECOMMENDATION:
Zoning By-law 85-1
That Minor Variance Application A2024-111 for 124 Cedar Street South requesting
relief from Section 39.2.1 b) of Zoning By-law 85-1 to permit a minimum front yard
setback of 2 metres instead of the minimum required 4.5 metres, to facilitate the
construction of a front 2 storey addition, a porch and ground supported balcony
onto the existing dwelling, in accordance with drawings prepared by John
MacDonald Architect, dated November 1, 2024, BE APPROVED.
Zoning By-law 2019-051
That Minor Variance Application A2024-111 for 124 Cedar Street South requesting
relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 as amended by By-law
2014-065, to permit a minimum front yard setback of 2 metres instead of the
minimum required 4.5 metres, to facilitate the construction of a front 2 storey
addition, a porch and ground supported balcony onto the existing dwelling, in
accordance with drawings prepared by John MacDonald Architect, dated November
1, 2024, BE APPROVED subject to the following:
This Minor Variance shall become effective only at such time as By-law 2024-065
(For PMTSA Lands) comes into force and effect, pursuant to section 34 (30) of the
Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be
deemed to have come into force and effect as of the final date of this decision.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to permit the
development of a front yard addition, a porch and a ground supported balcony with a
reduced front yard setback.
The key finding of this report isthat the requested minor variance meetsall four tests
of the Planning Act.
There are nofinancial 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 south-westside of Cedar Street South and St
George Street.It is inthe Cedar Hillneighbourhoodwhich is primarily comprised of low-
rise residential uses.
Figure 1: Location Map -124 Cedar Street South (Outlined in Red)
on Map 2
Strategic Growth AreaALand Use in the
.
The Residential Five Zone (R-5-law 85-1Low Rise
Residential Five Zone (RES-5)-law 2019-051.
In Zoning By-laws 85-1 and 2019-51, the established front yard is used for dwellings and
additions to dwellings thatwouldproject into the existing front yard constructed after the
effective date of the by-laws.In all other caseswhere there is no further projection, and in
the case of the subject property, the minimum front yard is 4.5 metres
The purpose of the application is to review a minor variance to permit a reduced front yard
setback to facilitate the construction of a front yard addition, a porch and a ground
supported balcony.
Figure 2: Proposed Site Plan
Figure 3: Proposed Front Elevation
Figure 4: Proposed Rendering of Front Addition, Porch and Balcony
Planning Staff conducted a site visit on November 18, 2024
Figure 5: Existing Site Conditions - 124 Cedar Street South on November 18, 2024
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
Land Use is to intensify urban development to support sustainable growth, enhance
transit-oriented development, and create vibrant, complete communities. The proposed
addition, porch and balcony are an appropriate use on residential properties and the
proposal will not significantly change the overall front design characteristics of the
dwelling. It will contribute to maintaining a vibrant and functional residential property.
Planning Staff are of the opinion that the requested variance will maintain the general
intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the front yard setback requirement is to ensure a consistent setback to the
property line to maintain a coherent and consistent streetscape. The established front yard
setback is approximately 4 metres (5.4 metres on one adjacent property and 2.7 metres
on the other adjacent property). Staff note that the existing front yard setback of the
subject property is approximately 2 metres and the new addition and front porch will
maintain these existing setbacks. There will continue to be sufficient separation from the
street while preserving the streetscape and front yard design. Therefore, Staff are of the
opinion that the proposed variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The intent of the front yard setback requirement is to ensure a consistent setback to the
property line to maintain a coherent and consistent streetscape. Staff note that the existing
front yard setback is approximately 2 metres and the new addition and front porch will
maintain the setbacks. There will continue to be sufficient separation from the street while
preserving the streetscape and front yard design. Therefore, Staff are of the opinion that the
proposed variance meets the general intent of the Zoning By-law.
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 variance is appropriate for the desirable use of the
lands as the proposed addition, porch and balcony will improve the functionality of the
dwelling on the property while maintaining compatibility with the established streetscape
and neighbourhood character. The minor variance to allow a 2 metre setback will avoid
any unnecessary demolition and/or reconstruction of the front of the existing building.
Environmental Planning Comments:
No comments or concerns.
Heritage Planning Comments:
The property municipally addressed as 124 Cedar Street South is located within the Cedar
Hill Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study
(CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was
approved by Council in 2015. The CHLS serves to establish an inventory and was the first
step of a phased Cultural Heritage Landscape (CHL) conservation process. Additional
initiative
to ensure the continued protection of CHLs within Major Transit Station Areas. Policy
12.C.1.52 of the Kitchener Official Plan states that
from the Cedar Hill Schneider Creek Neigbourhood of the City and of the countryside
beyond. Properties contained within Cedar Hill viewshed are identified as being Property
of Specific Cultural Heritage Landscape Interest. The City will regulate building height,
setbacks and built form along Cedar Street and along Courtland Avenue East to protect
and enhance this view. The City will also encourage and support enhancements to the
public realm in the location atop of Cedar Hill to contribute and enhance the pedestrian
experie
The requested setback relief and height are not going to have major impacts on the
viewshed or on the cultural heritage value of the CHL. Thus, Heritage Planning staff have
no concerns with the proposed application.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the addition to the single detached dwelling is obtained prior to construction. Please contact
the Building Division at building@kitchener.ca with any questions.
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
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 Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (2014)
Zoning By-laws 85-1 and 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