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Home My WebLink AboutDSD-2025-153 - A 2025-031 - 26 Berwick PlaceStaff Report r JR 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: Maitland Graham, Student Planner, 519-783-7879 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: March 28, 2025 REPORT NO.: DSD -2025-153 SUBJECT: Minor Variance Application A2025-031 — 26 Berwick Place RECOMMENDATION: That Minor Variance Application A2025-031 for 26 Berwick Place requesting relief from Section 4.12.3 g) of Zoning By-law 2019-051, to permit a lot width of 8.2 metres instead of the minimum required 10.5 metres to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yar of the subject property, generally in accordance with drawings prepared by J.H. Cohoon Engineering Ltd., dated January 16, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application requesting a lot width of 8.2 metres rather than the required 10.5 metres to be able to construct an Additional Dwelling (ADU)(Detached) in the rear yard of the subject property. • The key finding of this report is that the requested minor variance meets 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 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. BACKGROUND: The subject property is located on the north side of Berwick Place in the Centreville Chicopee neighbourhood, which is predominantly comprised of low rise detached dwellings. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 63 of 282 r Figure 1 — Aerial Photo of the Subject Property 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 Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to request relief from Section 4.12.3 g) to permit a lot width of 8.2 metres rather than the required 10.5 metres. Approval of the variance will allow for the development of an Additional Dwelling Unit (ADU)(Detached) for a total of two dwelling units on the subject property. Page 64 of 282 110 N Figure 2 — Proposed Site Plan Page 65 of 282 Planning Staff conducted a site visit on March 27, 2025 1 1 Aiwk:. Figure 3 — Site Photo of 26 Berwick Place Figure 4 — Existing side yard/driveway where the drive aisle and walkway are proposed, existing fence shown in the photo will be removed. Page 66 of 282 Figure 5 — Existing rear yard where the Additional Dwelling (Detached) is proposed, existing sheds and trees in the centre of the photo will be removed. 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' on Map 3 — 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 relief of lot width to facilitate the construction of an additional dwelling unit, totalling two 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. Page 67 of 282 General Intent of the Zoning By-law The purpose of the minimum lot width requirement is to ensure adequate area on any one property for the facilitation of constructing of an Additional Dwelling Unit (Detached) and to ensure there is sufficient living space and amenity space for the new dwelling unit. Planning Staff is of the opinion that the proposed 8.5 metre lot width still meets the general intent of the Zoning By-law as the pie -shape configuration of the lot is an average of 16 metres in the rear yard and 18 metres at the widest point, providing an ample amount of area to permit an ADU. As the proposed ADU will meet all other zoning requirements for the lot, it should function appropriately on a lot with this width. In the opinion of Planning Staff, the requested variance 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 8.2 metres is minor as the pie - shape configuration, although requiring relief for the front lot line, still permits an average of 16 metres in the rear yard and 18 metres at the widest point. As the lot size will allow the ADU and primary dwelling to function appropriately with adequate space to accommodate the ADU while still providing sufficient amenity space, the effect of the variance will be 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 variance to provide relief from the minimum lot width requirement is desirable for the appropriate of the land as it will facilitate the construction of a Detached ADU and will contribute to the housing supply and support the City's Housing Pledge. Environmental Planning Comments: Care should be taken when working in the rear yard not to negatively impact adjacent trees/vegetation. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the detached ADU is obtained prior to construction and demolition permits are obtained before removing any shed greater than 15 m2. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: Transportation have no concerns with this application. Region of Waterloo Comments: No concerns. Page 68 of 282 Grand River Conservation Authority Comments: 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 properties are not subject to Ontario 41/24 and, therefore, permission from GRCA is not required. 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. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 69 of 282 March 27, 2025 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 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 Page 70 of 282 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, CAI Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 4942954 Page 71 of 282 March 28, 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 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 — April 15, 2025 Applications for Minor Variance A 2025-013 160 Grand River Boulevard A 2025-036 A 2025-029 315 Wellington Street North A 2025-037 A 2025-030 63 General Drive A 2025-038 A 2025-031 26 Berwick Place A 2025-039 A 2025-032 217 Vanier Drive A 2025-033 887 Frederick Street A 2025-034 34 Hohner Avenue A 2025-035 53 Rusholme Road Applications for Consent B 2025-009 179 Jansen Avenue B 2025-010 57 & 59 Iron Gate Street B 2025-011 400 Westwood Drive A 2025-040 A 2025-041 A 2025-042 via email 15 Scenic Drive 265 Breithaupt Street 206 Shelley Drive 195 Victoria Street North 160 Charles Best Place 249 West Oak Trail 1100 Union Street B2025-012 112 Kehl Street B2025-013 1100 Union Street Grand River Conservation Authority (GRCA) staff have 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 have any questions, please contact me at aherremana-grand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 72 of 282 From: To: Committee of Adiustrnent (SM) Subject: Ojection to Application for minor variance #A 2026-031 Date: Monday, April 7, 2025 7:11:21 PM You don't often get email frorr Learn why this is im ortant Hello I ani writing to voice my objection and concerns regarding the application A2025-031 for a "Minor " Variance. There is nothing minor about this request. The owners at 26 Berwick Place wish to build a secondary residence in the backyard. Their intention is to live in the new build and rent the primary residence. This info was shared with neighbours. This is a semi-detached home on a Crecent of which the majority are Senris. There is no room for such a properly with out encroachment on the attached Semi. There will be NO privacy what so ever for neighbours. We already have ongoing issues with parking on our Crescent. Renting to multiple people in one Semi will increase this problem as well. I understand the city will allow some builds in back yards but on a Semi detached lot that is very small seems very unreasonable to me. I ani concerned about this possible build and the negative impact it will have on my neighbours. That is why I have expressed these concerns and my objection to this application. Thankyou for your consideration. Patricia Heboer Page 73 of 282 From: To: Committee of Adiustment (SM) Subject: A 2025-031-26 Berwick place Date: Thursday, April 10, 2025 9:54:05 AM [You don't often get email from . Learn why this is important at https://aka.ms/LeamAboutSenderldentification ] my name is phulcumarie diaram address .I have lived on for the passed 24 years. It was a very quiet neighborhood. But for the passed few years people been moving in and out.The have been renting there rooms out to other people. Neighborhood becoming very noisy and lots of traffic. Parking be coming an issue, people would park in front my house, at the end of my driveway, making it very hard backing out. Over crowded house and backyard parties, gets very noisy and lots of traffic. I don't want to see a building going up in the backyard of 26 Berwick place. Because all of the issues are caused by this address now I think it is going to get worse.Thank you for your understanding and consideration. P. Diaram Page 74 of 282