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Home My WebLink AboutDSD-2025-113 - A 2025-023 - 140 Byron Avenue 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: Maitland Graham, Student Planner, 519-783-7879 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: March 5, 2025 REPORT NO.: DSD-2025-113 SUBJECT: Minor Variance Application A2025-023 140 Byron Avenue RECOMMENDATION: That Minor Variance Application A2025-023 for 140 Byron Avenue requesting relief from Section 4.12.3 e) of Zoning By-law 2019-051 to permit an Additional Dwelling Unit (Detached) to have a building footprint of 93.8 square metres instead of the maximum permitted 80 square metres, to facilitate the addition of an Additional Dwelling Unit (ADU)(Detached) to an existing Additional Dwelling (ADU)(Detached) in the rear yard for a total of 4 dwelling units on the subject property, generally in accordance with drawings prepared by Arcadia Home Design Ltd., January 31, 2025, BE APPROVED, subject to the following conditions: 1. That the Owner provides confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. If the demand cannot be supported, the Owner shall make an Application through the Off-Site Works Process, to the satisfaction of the Director of Engineering Services. 2. That the Owner acknowledges that any new driveways or widenings to existing driveways are to be built to City of Kitchener standards and that the Owner confirms, to the satisfaction of the Director of Engineering Services, if an application for a Curb Cutting/Driveway Widening Permit is required prior to an application for a Building Permit being received. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application requesting an Additional Dwelling (Detached) building footprint of 93.8 square metres rather than the required 80 square metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The key finding of this report isthat the requested minor variance meets the 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 h the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Byron Avenue in the Vanier neighbourhood, which is predominantly comprised of low rise detached dwellings . Figure 1 Aerial Photo of the Subject Property. Community Areas Urban Structure and is Low Rise Residential Low Rise Residential Two Zone (RES-2)-law 2019- 051. The purpose of the application is to request relief from Section 4.12.3 e) of Zoning By-law 2019-051 to permit an Additional Dwelling (Detached) building footprint of 93.8 square metres rather than the maximum required 80 square metres. Approval of the variance will allow for the development of an Additional Dwelling Unit (Detached) for a total of four dwelling units on the subject property. Figure 2 Proposed Site Plan Planning Staff conducted a site visit on February 25, 2025 Figure 3 Site Photo of 140 Byron Avenue Figure 4 Existing rear yard where the Additional Dwelling (Detached) is proposed, existing garage shown in photo will be removed. Figure 5 Existing Additional Dwelling (Detached) 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. The intent of the Low-Rise Residential designation is to accommodate a diverse range of low- rise housing types while maintaining the low-density character of the neighbourhood. Official Plan policy 4.C.1.6. mentions that the City will identify and encourage residential intensification and/or redevelopment, including adaptive re-use and infill opportunities, including additional dwelling units, attached and detached, in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and servicing costs by minimizing land consumption and making better use of existing community infrastructure. The requested increase in building footprint to facilitate the construction of an additional dwelling unit, totalling four dwelling units on the subject property, identifies an infill opportunity, promotes intensification and better use of existing infrastructure, therefore maintaining the general intent of the Official Plan. General Intent of the Zoning By-law The purpose of the Additional Dwelling (Detached) building footprint requirement is to ensure that the Detached ADU is secondary to the primary dwelling in size, new dwelling units provide sufficient living space while remaining compliant with zoning by-law regulations and maintaining sufficient amenity space on the property. Planning Staff is of the opinion that the proposed 93.8 square metre footprint is a minor increase in footprint size while still meeting other by-law regulations and maintaining adequate amenity space in the rear side yard. In the opinion of Planning Staff, the requested variance to permit an increase of Additional Dwelling (Detached) building footprint to facilitate the development of a fourth dwelling unit on the property maintains the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Planning Staff is of the opinion that the requested variance of 93.8 square metres is minor, as there is not significant increase in size beyond the required 80 square metres, the proposed Additional Dwelling (Detached) will be replacing the footprint of an existing accessory structure, and there are not any expected significant adverse impacts to the character of the neighbourhood. 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 to increase the maximum building footprint for Additional Dwelling (Detached) is appropriate for the desirable use of the lands as it will facilitate a greater variety of dwelling units while maintaining the low-rise residential character of the neighbourhood. Planning Staff also recognize that allowance of the variance will contribute to the housing supply of the cityng Pledge and is of good land use practices. Environmental Planning Comments: No environmental comments or concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the addition to the existing detached ADU is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: That the Owner provides confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. If the demand cannot be supported, the Owner shall make an Application through the Off-Site Works Process, to the satisfaction of the Director of Engineering Services. That the Owner acknowledges that any new driveways or widenings to existing driveways are to be built to City of Kitchener standards and that the Owner confirms, to the satisfaction of the Director of Engineering Services, if an application for a Curb Cutting/Driveway Widening Permit is required prior to an application for a Building Permit being received. Parks and Cemeteries/Forestry Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority Comments: GRCA has no objection to the approval of the application. The subject property does not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The property is not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. 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 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