HomeMy WebLinkAboutDSD-2024-533 - A 2024-112 - 578 Guelph Street
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: Sean Harrigan, Senior Planning Technician, 519-783-8934
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: November 29, 2024
REPORT NO.: DSD-2024-533
SUBJECT: Minor Variance Application A2024-112 578 Guelph Street
RECOMMENDATION:
That Minor Variance Application A2024-112 for 578 Guelph Street requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 7.3, Table 7-2, to permit a front yard setback of 5.1 metres instead of
the minimum required 6.6 metres; and
ii) Section 4.14.10.a) to permit an interior side yard setback of 0.1 metres for at-
grade stairs instead of the minimum required 0.5 metres;
to facilitate the development of a ground supported balcony for the second floor
dwelling unit and unobstructed walkway for an Additional Dwelling Unit (ADU)
(Detached) in the rear yard, generally in accordance with drawings prepared by
Bobicon Ltd., dated November 11, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the minor variance application to allow for a
reduced front yard setback for a ground supported balcony and a reduced interior yard
setback for stairs located at grade which form part of an unobstructed walkway.
The key finding of this report is that the proposed minor variances satisfy the four tests
in the Planning Act and staff recommend approval of the application.
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 north side of Guelph Street between Floyd Street
and St.Leger Street.The property previously contained a single detached dwelling and
detached garage which have recently been demolished to facilitate a severance
application (B2024-010). The severance application was approved on June 18, 2024, and
the applicant is working towards clearing conditions imposed on the application. A single
detached dwelling with one (1) Additional Dwelling Unit (ADU) (Attached) and one (1)
Additional Dwelling Unit (ADU) (Detached) is currently being constructed on the Retained
Parcel/Lot.
Figure 1: Location Map - 578 Guelph Street (Outlined in Red)
on Map 2 Urban Structure and is
Low Rise Residential
Low Rise Residential Four Zone (RES-4-law 2019-
051. C
-law 2019-051.
The purpose of the minor variance application is to facilitate the construction of a ground
supported balcony in the front yard above the front porch and at-grade stairs located within
the side yard. The ground supported balcony will provide additional amenity space for the
Additional Dwelling Unit (ADU) (Attached) located on the second floor while the at-grade
stairs will form part of a required 1.1 metre wide unobstructed walkway leading to the
Additional Dwelling Unit (ADU) (Detached) in the rear yard.
Figure 2: Proposed Site Plan
Figure 3: Proposed Building Elevation
Figure 4: Proposed Single Detached Dwelling Under Construction
Figure 5: Streetscape Left of the Subject Property
Figure 6: Streetscape Right of Subject Property
Figure 7: Streetscape Directly Opposite Subject Property
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
quality of life while ensuring that existing and new residential areas are walkable and
supported by all modes of transportation. To this regard, the proposed reduced front yard
setback is required to accommodate a ground supported balcony directly above the front
porch. This balcony provides additional amenity space which contributes to the high
quality of life while also helping to activate the streetscape thereby supporting walkability.
The proposed steps within the side yard also contributes to a high quality of life by
providing a stable path from the street the principal entrance of the additional dwelling unit
(detached). Furthermore, Official Plan policy 4.C.1.8.b) states that where front yard
setback reductions are proposed for new buildings in established neighbourhoods, the
requested front yard setback should be similar to adjacent properties and supports the
character of the streetscape and neighbourhood. To this regard, the habitable portion of
the dwelling adheres to the required front yard setback and the massing of the ground
supported balcony supports the existing character of the streetscape and neighbourhood.
As such, staff are satisfied that the proposed variances maintain the general intent of the
Official Plan.
General Intent of the Zoning By-law
Zoning By-law 2019-051. Properties within this area must have a front yard setback within
1 metre of the average existing front yard setbacks of the two abutting properties. The
general intent of this regulation is to help ensure a consistent streetscape and that new
development does not appear out of place when compared to abutting properties. To this
regard, staff are satisfied that the proposed front yard setback of 5.15 metres maintains
the general intent of this regulation. As shown on Figure 2, the habitable portion of the
dwelling adheres to the current required front yard setback of 6.61 metres while the
ground supported balcony projects slightly beyond the front facades of the adjacent
properties. Staff are satisfied that this massing is consistent with the existing streetscape
and will not appear out of place in this neighbourhood.
The general intent of Zoning By-law 2019-051 Section 4.14.10.a) and the requirement for
a 0.5 metre side yard setback for steps located at grade is to ensure sufficient room for
drainage swales usually located at along the interior lot lines. The applicant provided a
grading plan as part of their building permit which shows the primary means of drainage
will occur along the western side of the house and not where the steps are proposed. As
such, staff are satisfied that the proposed variances maintain the general intent of the
Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are satisfied that the potential effects of the proposed minor variances are minor in
nature. As mentioned above, the habitable portion of the dwelling will adhere to the current
required front yard setback and the ground supported balcony does not negatively impact
the existing streetscape character. The proposed steps within the side yard negatively
impact drainage contribute to a higher quality pathway between the street and additional
dwelling unit (detached) and do not negatively impact drainage.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed minor variances are considered desirable for the proposed development of
the land. The reduced front yard setback will permit a ground supported balcony above the
front porch will provide additional amenity space while still maintaining a consistent
streetscape. The proposed at grade steps within the side yard will enhance the required
unobstructed walkway and make it easier to travel over the grade change between the
front and rear yards.
Environmental Planning Comments:
There are no natural heritage features/functions and no Tree Management Policy
concerns. Applicant should be advised that arborist advice should be sought to ensure no
impact to spruce tree at front and no impact to neighbour's or shared-ownership trees in
rear yard during construction of the detached additional dwelling unit. There is no
requirement to retain the front-yard spruce tree. However, the City-owned boulevard tree
must be protectively fenced and retained.
Heritage Planning Comments:
Heritage Planning staff have no concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided revised
drawings are submitted for the issued permit and the proposed stairs are completely
located on the property, including any footings.
Engineering Division Comments:
Applicant to ensure an unobstructed shared property line swale is maintained on the east
side.
The side yard currently accommodates overland stormwater flows from the rear yard. A
sidewalk is required to the rear yard in accordance with the Zoning By-law. The final
grading of this property shall not adversely affect the drainage of adjacent properties or the
overall grading control plan. The Owner is responsible to address storm water drainage at
the Building Permit stage.
Parks/Operations Division Comments:
There has been a previous Committee of Adjustment application for Severance B2024-
010 and through that application Parkland Dedication has been assessed and required as
a condition of deed endorsement. Along with that application the removal of street trees on
578 and 573 Guelph Street were approved and invoices issued. The Parkland Dedication
and Urban Forestry Compensation fees are outstanding and required.
Transportation Planning Comments:
Transportation Services have no concerns with this 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 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