HomeMy WebLinkAboutDSD-2025-154 - A 2025-035 - 53 Rusholme Road
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 8
DATE OF REPORT: March 28, 2025
REPORT NO.: DSD-2025-154
SUBJECT: Minor Variance Application A2025-035 53 Rusholme Road
RECOMMENDATION:
That Minor Variance Application A2025-035 for 53 Rusholme Road requesting relief
from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit an interior side
yard setback of 1.8 metres, for both interior side yards, instead of the minimum
required 3 metres, to facilitate the construction of a new 2 storey detached dwelling
with a 3-car garage, generally in accordance with drawings prepared by McKechnie
Surveying Inc., February 27, 2025, BE APPROVED subject to the following
condition:
1. That the Owner shall:
a) Prepare a Tree Preservation Plan for the Subject Lands and City Right-of-
Way
Cemeteries, and where necessary, implemented prior to any grading,
servicing, tree removal or the issuance of Demolition and/or Building
Permits. Such plans shall include, among other matters, the identification
of a proposed building envelope/work zone, a landscaped area and the
vegetation to be preserved. If necessary, the plan shall include required
mitigation and or compensation measures.
b) That the Owner further agrees to implement the approved plan. No
changes to the said plan shall be granted except with the prior approval
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REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application requesting relief
from the side yard setback of 1.8 metres rather than the required 3 metre requirement
to facilitate the construction of a new 2 storey detached dwelling with a 3-car garage.
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
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 south side of Rusholme Road in
the Westmount 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 Land Use in the
Low Rise Residential One Zone (RES-1-law 2019-
051.
The purpose of the application to request relief from Section 7.3, Table 7-2 of Zoning By-
law 2019-051, to permit an interior side yard setback of 1.8 metres for both sides of the
proposed dwelling rather than the required 3 metres. Approval of the variance will allow for
the re-development of a new single-detached dwelling, maintaining the built form of the
neighbourhood.A majority of the neighbourhood maintains reduced setbacks as guided by
Zoning By-law 85-1 when the neighbourhood was being developed. The side yard setback
requirement at that time would have only required 1.2 metres. The new Zoning By-law
2019-051, which came into effect in 2019, now requires 3 metres.
Both current side yard setbacks for the Subject Property hold legal non-conforming status
as the interior side yard abutting 63 Rusholme Road is 1.6 metres, and the interior side
yard abutting 45 Rusholme Road is 2.4 metres. Existing front and rear yard setbacks
comply with Zoning By-law regulations.
Figure 2 Proposed Site Plan
Figure 3 Site Photo of 53 Rusholme Road
Figure 4 Existing side yard where the proposed dwelling will project into, existing
building shown in the photo with be removed.
Figure 5 Existing side yard showing the proximity to the abutting property and
massing of abutting property building in conjunction with the existing dwelling at
the Subject Property.
Figure 6 Existing side yard where the proposed dwelling will project into, existing
building shown in the photo with be removed.
Figure 7 - Existing side yard showing the proximity to the abutting property and
massing of abutting property building in conjunction with the existing dwelling at
the Subject Property.
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.1.8 a), pertaining to minor variance applications, mentions any new
buildings and any additions and/or modifications to existing buildings are appropriate in
massing and scale and are compatible with the built form and the community character of
the established neighbourhood and will have regard to Section 11 of this Plan, the City's
Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report
and Urban Design Scorecard.
The requested side yard setback relief for both sides of the proposed dwelling to facilitate
a larger single-detached dwelling conforms to the existing built form and character of the
neighbourhood, as several properties along Rusholme Road currently have legal non-
conforming status or previous Committee of Adjustment approval for reduced side yard
setbacks. In addition, the existing dwelling at the Subject Property has a shorter massing
in comparison to the built form of the neighbourhood, as highlighted in Figure 5 and Figure
7. The approval of this application would support the development of a dwelling with
comparable and compatible setbacks, thereby maintaining the general intent of the Official
Plan.
General Intent of the Zoning By-law
The intent of the minimum side yard setback requirements is to ensure dwellings provide
appropriate access to the rear yards, to accommodate fire separation, and to provide
privacy to abutting properties. Planning Staff is of the opinion that the proposed 1.8 metre
side yard setback for both interior side yards still allows sufficient access to the rear yard,
for fire separation, and for privacy. In the opinion of Planning Staff, the requested variance
to permit relief of minimum side yard setbacks 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 1.8 metres is minor, as
several existing properties within the neighbourhood have reduced side yard setbacks
from the 3 metres that was established in 2022 when Zoning By-law 2019-051 came into
effect. In addition, the proposed setbacks will be comparable to the 1.6 metres and
compatible with the 2.6 metres that currently existing now.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable and appropriate as it will facilitate the construction of a new
detached dwelling that will have side yard setbacks compatible and similar to the pattern
of development in the neighbourhood.
Environmental Planning Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and
prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 53
Rusholme Road is located within the Westmount East & West Neighborhood Heritage
Conservation District. The applicant is encouraged to implement a design that is
sympathetic to the existing character of the neighborhood, including the design, materials,
and setbacks.
Heritage Planning Comments:
Standard variance condition to complete, obtain approval or, and implement an arborist's
report following the methods of the Tree Management Policy (Tree
Preservation/Enhancement Plan) including City-owned street trees prior to any demolition,
site alteration, grading or issuance of building permit.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits
for the demolition of the existing building and the re-construction of the single detached
dwelling is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
Engineering has no comment.
Parks and Cemeteries/Forestry Division Comments:
There are two City-owned street trees within the boulevard on Rusholme Rd. It is expected
that all City- owned tree assets will be fully protected to City standards throughout
demolition and construction as per Chapter 690 of the current Property Maintenance By-
law.
No revisions to the existing driveway or boulevard apron will be permitted without Forestry
required outlining complete protection of City assets prior to any demolition or building
permits being issued.
Transportation Planning Comments:
Transportation have no concerns with this application.
Region of Waterloo Comments:
No concerns.
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
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 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