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Home My WebLink AboutDSD-2025-123 - A 2025-014 - 51 Meadowridge Street Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 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 10 DATE OF REPORT: March 5, 2025 REPORT NO.: DSD-2025-123 SUBJECT: Minor Variance Application A2025-014 51 Meadowridge St. RECOMMENDATION: That Minor Variance Application A2025-014 for 51 Meadowridge Street requesting relief from Section 4.14.4 d) of Zoning By-law 2019-051 to permit a deck, greater than 0.6 metres in height, to be setback from the rear lot line 2.5 metres instead of the minimum 4 metres and to permit the deck to be located 0.5 metres from the side lot line instead of the minimum required 2.5 metres, to recognize an existing deck on a townhouse dwelling unit, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review the minor variance application to permit a deck to be to be setback from the rear lot line 2.5 metres instead of the minimum 4 metres and to permit the deck to be located 0.5 metres from the side property line instead of the minimum required 2.5 metres. 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 th Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the east side of Meadowridge Street, near South Creek Drive and Thomas Slee Drive, in the Doon South neighbourhood. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 Location of subject property (outlined in RED) Community Areas Urban Structure and is Low Rise Residential Land Use in Low Rise Residential Five Zone (RES-5-law 2019- 051. The purpose of the application is to recognize the setbacks of the existing deck. The deck is already built, so approval of this application would bring the existing deck into compliance. Figure 2 Site Plan showing existing deck. Planning Staff conducted a site visit on February 28, 2025. Figure 3 Front of subject property. Figure 4 View of deck from rear yard facing southwest. Figure 5 View of deck from rear yard facing south. 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 intent of this designation is to encourage a range of different housing to achieve a low rise built form in the neighbourhood. The use of the property and deck are permitted with the land use designation. The variance to recognize the location of the existing deck will maintain the general intent of the Official Plan. General Intent of the Zoning By-law Section 4.14.4 of Zoning By-law 2019-051 states that a deck must be located minimum of 4 metres from the rear lot line and must meet the side yard setbacks required for the dwelling in the applicable zone. Section 7.3, Table 7-4 states that the minimum interior side yard setback is 2.5 metres for a street townhouse dwelling in a Low Rise Residential Five Zone. The purpose of requiring minimum side yard setbacks in the rear and side yards is to provide privacy, ensure appropriate access, and to avoid encroachment onto neighbouring properties. There is a barrier between the deck and neighbouring property which can mitigate privacy concerns from the reduced side yard setback. The rear yard backs onto green space, so there are no privacy concerns with the reduced rear yard setback. There is a 2.5 metre side yard setback on the northerly side of the deck which provides sufficient access to the rear yard. Staff observed no encroachment onto neighbouring properties. Therefore, the proposed variance maintains the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff have not observed any significant or adverse impacts related to the existing deck. Reconstructing the deck to bring it into compliance with the Zoning By-law could cause more significant impacts than permitting the zoning deficiencies in the existing deck. 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 deck provides an amenity area for the townhouse unit which enhances the use of the rear yard. Therefore, the proposed variance is desirable and appropriate for the use of the land. Environmental Planning Comments: The subject property backs onto the Groh Scenic Heritage Corridor, a trail buffered on either side with trees and vegetation. Care should be taken when working in the rear yard not to negatively impact adjacent trees or vegetation. Heritage Planning Comments: No concerns. However, the applicant is advised that the subject property is located adjacent to the Groh Drive Cultural Heritage Landscape. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit application has been made for the rear yard deck. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns. Transportation Planning Comments: No concerns. GRCA 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 Planning Statement (PPS 2024) Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 March 4, 2025 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 013 160 Grand River Boulevard - No Concerns 2) A 2025 014 51 Meadowridge Street - No Concerns 3) A 2025 015 1180 Union Street - No Concerns 4) A 2025 016 45-53 Courtland Avenue East - No Concerns 5) A 2025 017 1157 & 1175 Weber Street East- No Concerns 6) A 2025 018 - 60 Wellington Street North - No Concerns 7) A 2025 019 - 114 Madison Avenue South- No Concerns 8) A 2025 020 - 15 Palace Street - No Concerns 9) A 2025 - 021 - 2880 King Street East No Concerns 10) A 2025-022 - 25 Haldimand Street - No Concerns 11) A 2025-023 - 140 Byron Avenue No Concerns 12) A 2025-024 - 507 Stirling Avenue South No Concerns 13) A 2025-025 - 93-95 Kinzie Avenue No Concerns 14) A 2025-026 - 250 Frederick Street No Concerns 15) A 2025-027- 13 Chicopee Park Court No Concerns 16) A 2024-096 - 165 Fairway Road North No Concerns 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ 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, Tanikia Kinear, C.E.T. Senior Transportation Planner (519) 897-5691 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ March 3, 2025 via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting March 18, 2025 Applications for Minor Variance A 2024-096 165 Fairway Road North A 2025-013 160 Grand River Boulevard A 2025-014 51 Meadowridge Street A 2025-015 1180 Union Street A 2025-016 45-53 Courtland Avenue East A 2025-017 1157-1175 Weber Street East A 2025-018 60 Wellington Street North A 2025-019 114 Madison Avenue South A 2025-020 15 Palace Street A 2025-021 2880 King Street East A 2025-022 25 Haldimand Street A 2025-023 140 Byron Avenue A 2025-024 507 Stirling Avenue South A 2025-025 93-95 Kinzie Avenue A 2025-026 250 Frederick Street A 2025-027 13 Chicopee Park Court Applications for Consent B 2025-006 142 Carson Drive B 2025-007 13 Chicopee Park Court B 2025-008 11a & 11b Chicopee Park Court 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 are not subject to Ontario Regulation 41/24 and, 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