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Home My WebLink AboutDSD-2025-146 - A 2025-032 - 217 Vanier 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: Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: April 1, 2025 REPORT NO.: DSD-2025-146 SUBJECT: Minor Variance Application A2025-032 217 Vanier Drive RECOMMENDATION: That Minor Variance Application A2025-032 for 217 Vanier Drive requesting relief from Section 5.22.1 b) of Zoning By-law 85-1 to permit an Additional Dwelling Unit (ADU)(Detached) to have an area of 85.5 square metres instead of the maximum permitted 80 square metres, to facilitate the conversion of the existing detached garage into a Dwelling Unit, in accordance with drawings prepared by Xclusive Design Studio Inc., dated January 17, 2025, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to permit the conversion of an existing detached garage into an Additional Dwelling Unit with an increased area. The key finding of this report is that the requested minor variance meets all 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 he 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. BACKGROUND: Figure 1: Location Map 217 Vanier Drive(Outlined in Red) The subject property is located on the north-west side of VanierDriveand Massey Avenue. It is in the Vanierneighbourhood which is primarily comprised of low-rise residential uses. Community AreasUrban Structure and is Low Rise Residential Residential ThreeZone (R-3-law 85-1. There is an existing detached garage in the rear yardmeasuring 85.5 square metresin area. The applicant is proposing to convert this structure into an Additional Dwelling Unit (ADU). However, the maximum permitted building footprint of an ADU is 80 square metres. Since the existing garage exceeds the maximum permitted building footprint, a minor variance is required to the allow the conversion without making any physical changes to the existing structure. Figure 2: Proposed ADU Conversion Site Plan Figure 3: Front Elevation of Existing Garage (Proposed ADU) Planning Staff conducted a site visit on March 26, 2025. Figure 4: Existing Site Conditions as of March 26, 2025 Figure 5: Existing Garage in the Rear Yard (Proposed ADU) 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 designation emphasizes the importance of ensuring compatibility in building form with regard to massing, scale, and design, to facilitate the successful integration of diverse housing and building types while maintaining the low-density character of the neighbourhood. Policy 4.C.1.23 permit up to 3 Additional Dwelling Units (ADUs) subject to meeting any other applicable policies in the Official Plan and Zoning By-law regulations. 4.C.1.23. The City may permit up to three additional dwelling units, attached and/or detached, on a lot which contains a single detached dwelling, a semi-detached dwelling or a street-townhouse dwelling as the principal use, unless otherwise limited by the policies of this Plan, and in accordance with the City's Zoning By-law, in order to provide additional housing options to Kitchener homeowners and residents. The proposed Additional Dwelling Unit use of the property conforms to the land use designation and is a desirable addition to a residential property. Staff is in opinion that requested variance to be able to convert the existing detached garage into an Additional Dwelling Units (ADU)(Detached) meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum building footprint is to ensure that accessory buildings remain secondary to the primary building. Although the building footprint of the accessory building exceeds the maximum permitted building footprint of 80 square metres as per Section 5.22.1 b) by 5.5 square metres, this increase remains proportionally smaller than the primary dwelling and does not overwhelm the primary dwelling. Staff is of opinion that the variance meets the general intent of the Zoning By-law by remaining secondary to the primary building. Is/Are the Effects of the Variance(s) Minor? The variance is minor in nature. The 5.5 square metres excess building footprint is not noticeable from the streetscape and does not impact the visual appearance of the property. The ADU will be located at the far rear of the property. Although the building footprint exceeds the maximum permitted area, the structure will maintain the existing building height and is within the maximum permitted height of 4.5 metres. The appearance will remain compatible with adjacent viewpoints and visually consistent with its surroundings. 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 varianceis desirable for the appropriate development of the lands. Recognizing the size and location of the existing garage will allow for the conversion to an Additional Dwelling Unit in the rear of the primary dwelling. This will facilitate a gentle intensification of the subject property and Housing Pledge. Environmental Planning Comments: No comments or concerns. Heritage Planning Comments: No comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit to convert the detached garage into a detached ADU is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments or concerns. Parks and Cemeteries/Forestry Division Comments: No comments or concerns. Transportation Planning Comments: No comments or 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 85-1 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