HomeMy WebLinkAboutDSD-2025-060 - A 2025-005 - 42 Hillcrest LaneStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Ella Francis, Student Planner, 519-783-8602
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: February 5, 2025
REPORT NO.: DSD -2025-060
SUBJECT: Minor Variance Application A2025-005 — 42 Hillcrest Lane
RECOMMENDATION:
That Minor Variance Application A2025-005 for 42 Hillcrest Lane requesting relief
from Section 5.4, Table 5-2 of Zoning By-law 2019-051, to permit a driveway to be
located 0.6 metres from a side lot line instead of the minimum required 1.2 metres,
to facilitate a driveway widening to improve functionality of the driveway, BE
APPROVED, subject to the following condition:
1. That the Owner provide payment to the Grand River Conservation Authority
(GRCA) in the amount of $300 for their Review fee of the Minor Variance
Application.
REPORT HIGHLIGHTS:
• The purpose of this report is to review the minor variance application to permit a
driveway to be located 0.6 metres from a side lot line instead of the minimum required
1.2 metres to facilitate a driveway widening to improve functionality of the driveway
• 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 posted to the City'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.
Page 5 of 135
BACKGROUND:
The subject property is located on the east side of Hillcrest Lane, near the intersection of
Hillcrest Lane and Woolwich Street, in the Bridgeport West neighbourhood.
Figure 1 — Location of subject property (outlined in RED)
The subject property is identified as `Community Areas' on Map 2 – Urban Structure and is
designated `Low Rise Residential' on Map 3 – Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-
051.
The purpose of the application is to widen the existing driveway to be setback 0.6 metres
from the side lot line instead of the required 1.2 metres. The existing driveway has a gravel
section on the southmost side (see Figure 2). This variance would allow the gravel section
to be paved to improve the functionality of the driveway (see Figure 3).
Page 6 of 135
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Figure 2 — Site Plan showing existing driveway with gravel section.
Figure 3 — Site Plan showing proposed widened driveway.
Page 7 of 135
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Figure 3 — Site Plan showing proposed widened driveway.
Page 7 of 135
Planning staff conducted a site visit on January 31, 2025.
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Figure 4 — View of 42 Hillcrest Lane 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 City's 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:
"All parking area or facilities will be designed, constructed and maintained:
f) to result in aesthetically acceptable parking areas which blend into the general
environment of the area."
Page 8 of 135
Planning staff are of the opinion that the proposed widened driveway would blend into the
streetscape and surrounding environment. The appearance of the driveway would not be
significantly changed by paving the gravel section. Therefore, the requested variance
meets the general intent of the Official Plan.
General Intent of the Zoning By-law
Section 5.4, Table 5-2 of Zoning By-law 2019-051 states that a driveway shall be no closer
to the side lot line than the required side yard setback. This ensures that vehicles and their
access do not encroach upon adjacent properties. Staff note that the gravel section of the
existing driveway does not encroach onto the neighbouring property, and paving this
section of the driveway will not present any encroachment issues.
Section 5.4, Table 5-2 further states that the maximum width of a driveway with an
attached private garage is the width of the garage or 50% of the lot width. As well, Section
5.4 f) states that no driveway shall exceed 8 metres in width. The proposed widened
driveway would be in line with these requirements of the Zoning By -Law.
Therefore, the proposed variance maintains the general intent of the Zoning By -Law.
Is/Are the Effects of the Variance(s) Minor?
The proposed variance will allow an existing gravel section of the driveway to be paved.
As a result of this, staff anticipate only minor changes to the appearance and function of
the driveway. Staff do not anticipate any significant or adverse impacts as a result of the
driveway widening. Therefore, the effects of the 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 proposed variance is desirable and appropriate for the use of the land because it will
improve the functioning of the driveway. The proposed variance will bring the lower portion
of the driveway in alignment with the upper paved portion. Therefore, the proposed
variance is desirable and appropriate for the use of the land.
Environmental Planning Comments:
No environmental comments or concerns. I can advise that a portion of the property is
regulated by the Grand River Conservation Authority (Reg 41/24) and a permit may be
required to widen the driveway.
Heritage Planning Comments:
No concerns. However, the applicant is advised that the subject property is located
adjacent to the Walter Bean Trail Cultural Heritage Landscape.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No concerns.
Page 9 of 135
Parks and Cemeteries/Forestry Division Comments:
No requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
GRCA Comments:
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement
(PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the subject property contains an
erosion hazard associated with the Grand River. The property also contains the regulated
allowance adjacent to the erosion hazard. A copy of GRCA's resource mapping is
attached.
Due to the presence of the above -noted features, most of the subject property is regulated
by the GRCA under Ontario Regulation 41/24 — Prohibited Activities, Exemptions and
Permits Regulation. Any future development or other alteration within the regulated area
will require prior written approval from GRCA in the form of a permit pursuant to Ontario
Regulation 41/24.
It is understood that the proposed minor variance application requests a reduced driveway
setback from the southerly side lot line to permit a wider driveway. The driveway
expansion is minor and we do not anticipate impacts to the erosion hazard as a result of
the proposed development. As such, the GRCA has no objection to the approval of this
minor variance application.
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 — This report has been posted to the City's website with the agenda in advance
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
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
Page 10 of 135
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 11 of 135
January 27, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have
the following comments:
1)
A 2025 —
005
— 42 Hillcrest Lane - No Concerns
2)
A 2025 —
006
— 19 Carlin Avenue - No Concerns
3)
A 2025 —
007
— 864 King Street West - No Concerns
4)
A 2025 —
008
— 1035 Ottawa Street North - No Concerns
5)
A 2025 —
009
— 775 Queen Street South - No Concerns
6)
A 2025 —
010
— 180 Ahrens Street West - No Concerns
7)
A 2025 —
011
— 86 Florence Avenue (retained) - No Concerns
8)
A 2025 —
012
— 86 Florence Avenue (severed) - No Concerns
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.
Document Number: 4880325
28935
Page 12 of 135
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA(a)Kitchener.ca
Document Number: 4880325
Page 13 of 135
January 31, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
GRCA File: A2025-005 — 42 Hillcrest Lane
Marilyn Mills
City of Kitchener
200 King Street West
Kitchener, ON N2G 407
Dear Marilyn Mills,
Re: Application for Minor Variance A 2025-005
42 Hillcrest Lane, City of Kitchener
Robert Saunders
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor
variance application.
Recommendation
The GRCA has no objection to the proposed minor variance application.
GRCA Comments
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement
(PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the subject property contains
an erosion hazard associated with the Grand River. The property also contains the
regulated allowance adjacent to the erosion hazard. A copy of GRCA's resource
mapping is attached.
Due to the presence of the above -noted features, most of the subject property is
regulated by the GRCA under Ontario Regulation 41/24 — Prohibited Activities,
Exemptions and Permits Regulation. Any future development or other alteration within
the regulated area will require prior written approval from GRCA in the form of a permit
pursuant to Ontario Regulation 41/24.
It is understood that the proposed minor variance application requests a reduced
driveway setback from the southerly side lot line to permit a wider driveway. The
driveway expansion is minor and we do not anticipate impacts to the erosion hazard as
a result of the proposed development. As such, the GRCA has no objection to the
approval of this minor variance application.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 14 of 135
Consistent with GRCA's approved fee schedule, this application is considered a `minor'
minor variance and the applicant will be invoiced in the amount of $300.00 for GRCA's
review of this application.
Should you have any questions, please contact me at 519-621-2763 ext. 2228 or
aherreman@grand river. ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Copy: Robert Saunders (via email)
Page 15 of 135
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Objection to Minor Bylaw Variance
In reference to Agenda Item #: 5.1 A 2025-005 - 42 Hillcrest Lane scheduled by the Committee of
Adjustment for the City of Kitchener at 10.00 am on Tuesday, February 18, 2025, we, William and
Maria Brown, the owners of the property at , would like to submit an
objection for denial or postponement of the application for the minor bylaw variance made by the
owners of 42 Hillcrest Lane (since 2016). At this time, we are unaware of the scope of the property
improvement work for which the applicants are submitting their request for the minor bylaw variance.
As the owners of the property to the applicant's property, we only learned of the application
on Friday, February 7, 2025 as we have been out of the country since January 8, 2025. We are not
scheduled to return to Kitchener until Wednesday, February 19, 2025. As an interested party, we
believe it would be prudent to, at the very least, delay the acceptance or approval of the minor bylaw
variance as we are currently unable to attend the Committee of Adjustment meeting as scheduled.
In the interest of full disclosure, as of September, 2024, there is a civil matter before the courts
involving the owners of 42 Hillcrest Lane and ourselves, the owners of . This
includes matters in relation to the setback area of the two properties as well as other civil issues that
have arisen along other areas of the property line. For reference, photographic views of the approach,
arrival, and departure from the roadway of both properties has been provided and appended to this
document.
On the surface, we do not vehemently oppose the approval of the minor bylaw variance. However, we
do not believe it is appropriate that the approval be granted at this time due to our lack of knowledge
as to the scope of the property improvements being performed by the applicants, the current civil
matter before the courts, and previous experiences we've encountered with the applicants. We do
however, object to the current application and request an adjournment in the minor bylaw variance
application until such time as current litigation has been settled.
We fully understand the need or desire of the applicants making this request for a minor bylaw
variance and are aware that the applicants also have the option to widen their driveway from the
north side of their current driveway. We remain open to a cooperative and collaborative effort with the
applicants toward resolution of the current issues related to the setback area, yet feel obligated to
submit an objection to the application at this time.
Signed this day, February 14, 2025:
William Alfred Brown (Owner) Maria Brown (Owner)
Page 17 of 135
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