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HomeMy WebLinkAboutDSD-2025-163 - A 2025-030 - 63 General Drive Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 15, 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: April 2, 2025 REPORT NO.: DSD-2025-163 SUBJECT: Minor Variance Application A2025-030 63 General Drive RECOMMENDATION: That Minor Variance Application A2025-030 for 63 General Drive requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit a rear yard setback of 3.3 metres instead of the minimum required 7.5 metres to facilitate the construction of a rear yard addition onto the existing detached dwelling, generally in accordance with drawings submitted with Minor Variance Application A2025-030, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review the Minor Variance Application to permit a rear yard setback of 3.3 metres instead of the minimum required 7.5 metres to facilitate the construction of a rear yard addition onto the existing detached dwelling. The key finding of this report is that the minor variances meet the four 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 r Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of General Drive, near the intersection with Lancaster Street West, in the Bridgeport West 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 Low Rise Residential Three Zone (RES-3-law 2019- 051. The purpose of the application is to facilitate the construction of a rear yard sunroom addition to the existing dwelling. The proposed sunroom would be in the location of an existing deck, which will be removed. The existing fireplace would be incorporated into the proposed sunroom. Figure 2 Site Plan showing proposed rear yard addition Figure 3 Rear and side elevation of the proposed rear yard addition. Figure 4 Front of subject property from General Drive Figure 5 View of rear yard facing west showing existing deck and fireplace. Figure 6 Second view of rear yard facing southwest. 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 land use designation is to encourage a range of different housing to achieve a low rise built form in the neighbourhood. The proposed rear yard addition for a sunroom is a natural extension of the existing detached dwelling and will still be used for amenity area in the form of indoor rather than outdoor amenity area. the variance will maintain the general intent of the Official Plan. General Intent of the Zoning By-law Section 7.3, Table 7-2 of Zoning By-Law 2019-051 states that the minimum rear yard setback for a single detached dwelling in a residential zone is 7.5 metres. The requested variance would reduce the rear yard setback to 3.3 metres. The purpose of minimum rear yard setbacks in residential zones is to provide a sufficient amenity area and privacy from neighbouring dwellings. will still be provided in the southeast area of the yard. The proposed sunroom will also function as an indoor amenity area for residents. Further, the reduced setback only impacts the east corner of the proposed sunroom. concerns with the abutting properties would be mitigated by the existing fence. Therefore, the proposed variance will maintain the general intent of the Zoning By-Law. Is/Are the Effects of the Variance(s) Minor? The proposed addition will be in the location of the existing deck. It will also generally maintain the footprint of the existing deck and will incorporate the existing stone fireplace. The part of the proposed addition that would be closest to the rear lot line would be the existing fireplace. Staff do not anticipate any significant or adverse impacts resulting from the new building and proposed reduced rear yard setback. 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 sunroom addition will provide additional interior amenity space for the existing dwelling. Therefore, the proposed variance is desirable and appropriate for the use of the land. Environmental Planning Comments: Care should be taken when working in the rear yard not to negatively impact adjacent trees / vegetation. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the sunroom addition is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning 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 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 ebsite or by emailing the 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 27, 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 April 15, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 – 028 – 250 Riverbend Drive - No Concerns 2) A 2025 – 029 – 315 Wellington Street North – No Concerns 3) A 2025 – 030 – 63 General Drive – No Concerns 4) A 2025 – 031 – 26 Berwick Place – No Concerns 5) A 2025 – 032 – 217 Vanier Drive – No Concerns 6) A 2025 – 033 – 887 Frederick Street – No Concerns 7) A 2025 – 034 – 34 Hohner Avenue – No Concerns 8) A 2025 – 035 – 53 Rusholme Road – No Concerns 9) A 2025 – 036 – 15 Scenic Drive – No Concerns 10) A 2025 – 037 – 265 Breithaupt Street – No Concerns 11) A 2025 – 038 – 206 Shelley Drive – No Concerns 12) A 2025 – 039 – 195 Victoria Street North – No Concerns 13) A 2025 – 040 – 160 Charles Best Place – No Concerns 14) A 2025 – 041 – 249 West Oak Trail – No Concerns 15) A 2025 – 042 – 1100 Union Street – 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 Document Number: 4942954 thereof and may require payment of Regional Development Charges for these developmentsprior 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, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 March 28, 2025via 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 April15, 2025 Applications for Minor Variance A 2025-013160 Grand River BoulevardA 2025-03615 Scenic Drive A 2025-029315 Wellington Street NorthA 2025-037265 Breithaupt Street A 2025-03063 General DriveA 2025-038206 Shelley Drive A 2025-03126 Berwick PlaceA 2025-039195 Victoria Street North A 2025-032217 Vanier DriveA 2025-040160 Charles Best Place A 2025-033887 Frederick StreetA 2025-041249 West Oak Trail A 2025-03434 Hohner AvenueA 2025-0421100 Union Street A 2025-03553 Rusholme Road Applicationsfor Consent B 2025-009179Jansen AvenueB2025-012112 Kehl Street B2025-01057 & 59 Iron Gate StreetB2025-0131100 Union Street B 2025-011400 Westwood Drive Grand River Conservation Authority (GRCA) staffhavereviewed 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