HomeMy WebLinkAboutDSD-2024-519 - A 2024-113 - 1838 Trussler 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: Arwa Alzoor, Planner, 519-783-8903
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: November 18, 2024
REPORT NO.: DSD-2024-519
SUBJECT: Minor Variance Application A2024-113- 1838 Trussler Rd.
RECOMMENDATION:
That Minor Variance Application A2024-113 for 1838 Trussler Road requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 5.4 f) to permit a driveway width of 11 metres instead of the maximum
permitted 8.0 metres;
ii) Section 12.3, Table 12-2, to permit Dwelling to have:
a front yard setback of 24.3 metres instead of the existing 32.3 metres;
a left side yard setback of 16.5 metres instead of the existing 25.8 metres;
a right side yard setback of 14.6 metres instead of the existing 20.7
metres; and
a rear yard setback of 26.3 metres instead of the existing 21.5 metres;
to facilitate the redevelopment of an existing dwelling, generally, in accordance with
drawings prepared by Erich R. Rube, dated September 18, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to allow an existing dwelling to
have new setbacks and a wider driveway.
The key finding of this report is that the requested minor variances meet the 4 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
and this report was p
Committee of Adjustment meeting.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the South Plains area on the south end of Trussler
Road.
Figure 1: Location Map
Figure 2: Zoning Map
The subject property is identified on Map 1- City Urban Area and Countryside as
Prime Agriculture Land Use in the
Prime Agriculture Zone (AGR-1-law 2019-051.
The purpose of this application is to allow revised setbacks for an existing dwelling. The
increased size of the existing dwelling will result in reduced setbacks from what is existing
but will still comply with the -one required minimum setbacks of 10 metres.
Additionally, the increased dwelling size will also require a wider driveway.
Figure 3: The Existing Dwelling On The Subject Property
Figure 4: The Existing Dwelling Street View
Figure 5: The Proposed Front Elevation of The Dwelling Unit
Figure 6: The New Setbacks and Driveway on The Subject Property
Staff visited the site on Friday, November 22nd, 2024
Figure 7: Existing Dwelling Street View Showing the East Border of the Property
Figure 8: Existing Dwelling Showing the South Border of the 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
many unique natural heritage features and cultural heritage resources as well as valuable
natural resources, including agricultural lands, woodlands, mineral aggregate deposits and
groundwater recharge areas. Although they only comprise a small area of the city relative
to other areas of the city, they are important to the local economy with respect to
employment and food production and contribute to our quality of life. The City recognizes
the significance of our agricultural areas and will encourage the preservation and efficient
use of these areas. Accordingly, the predominant use of agricultural areas will be for
agriculture to ensure maximum flexibility for farm operators to engage in differing types
and sizes of agricultural operations by providing agricultural uses with large continuous
areas free from conflicting and incompatible land uses.
As per policy 15.D.8.5. The Prime Agriculture and Rural land use designations will permit
the following subject to any applicable policies in this Plan:
a) agricultural uses (including vertical farming);
b) on-farm diversified uses;
c) existing residential uses;
d) small-scale alternative energy systems and/or renewable energy systems in
accordance with City, Regional, Provincial and Federal requirements.
An existing residential use is a permitted use. In this case, the existing residential use will
continue with an expansion to the size, which will result in new setbacks. Therefore, it is
General Intent of the Zoning By-law
New setbacks: The intent of the Zoning By-law is not to permit new dwellings to protect the
agricultural area, as it occupies a limited portion of the city. The existing single detached
dwelling has been on the site for over 30 years, and the subject property is relatively small
compared to surrounding agricultural land. Therefore, maintaining the current use of this
dwelling while adjusting the setbacks to accommodate an expanded dwelling area aligns
with the Zoning By-s intent.
Driveway width: The intent of the Zoning By-law in setting a maximum driveway width of 8
metres is to limit hard surfaces on the property, increase landscaped areas for stormwater
management, reduce visual impact, and encourage more front yard landscaping. The
proposed driveway expansion, from 8 metres to 11 metres, will accommodate a wider
parking spaces within the attached garage of the dwelling. The driveway tapers down to
approximately 5 metres near Trussler Road, with its widest section located adjacent to the
garage entrance to minimize visual impact from the street. Given that this area lacks
property is wider than a typical residential lot, having 60.9 metres of frontage, to which this
regulation is primarily directed. Therefore, the proposed variance maintains the general
intent and purpose of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposed setbacks and driveway width changes are expected to have minimal impact
on the surrounding area. The reduced setbacks from the existing remains within the
meets the street
characteristics.
Although the driveway is wider than the maximum permitted 8 metres, the widened
driveway is tapered near Trussler Road and primarily wider adjacent to the attached
garage entrance. This design approach minimizes any visual impact from the street,
preserves landscaped areas, and maintains the character of the front yard.
Given that the subject property is larger than a typical lot, the increase in driveway width is
only 18.3% of the lot width, which does not result in a significant loss of landscaping or
permeable surface area. Therefore, the impacts of the new setbacks and wider driveway
are minor.
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 proposed variances are desirable and appropriate
as they will facilitate the redevelopment of the existing dwelling while maintaining
compatibility with surrounding land uses.
Environmental Planning Comments:
No natural heritage features/functions.
Heritage Planning Comments:
There are no heritage concerns with the proposed variances. It should be noted the
subject land is adjacent to 1844 Trussler Road, which is under heritage review.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made and is currently under review.
Engineering Division Comments:
No comment
Parks/Operations Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services has no concerns with this application.
The Region of Waterloo Comments:
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.
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