HomeMy WebLinkAboutDSD-2025-163 - A 2025-038 - 206 Shelley 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 3
DATE OF REPORT: April 2, 2025
REPORT NO.: DSD-2025-163
SUBJECT: Minor Variance Application A2025-038 206 Shelley Drive
RECOMMENDATION:
That Minor Variance Application A2025-038 for 206 Shelley Drive requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 4.1.e) to permit an existing detached garage within the front yard; and
ii) Section 7.3, Table 7-2, to permit a rear yard setback of 4.5 metres instead of
minimum required 7.5 metres to recognize the location of the existing dwelling;
to facilitate the development of detached building with two (2) Additional Dwelling
Units (ADU)(Detached) on the subject property, generally in accordance with the
plan prepared by Chris Machado, dated September 23, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review the minor variance application to permit an
existing detached garage to be located within the front yard and to permit a rear yard
setback of 4.5 metres instead of 7.5 metres to recognize the location of the existing
primary dwelling to facilitate the development of a detached building with two (2)
Additional Dwelling Units (ADUs)(Detached) on the subject property.
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
Committee of Adjustment meeting.
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This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the west side of Shelley Drive, near Wilson Avenue, in
the Vanier Neighbourhood.
Figure 1 Location of subject property (outlined in RED)
Community Areas Urban Structure and is
Low Rise Residential
Low Rise Residential Two Zone (RES-2 By-law 2019-
051.
The purpose of the application is to recognize the existing conditions of the existing
dwelling, which will then facilitate the development of two new Additional Dwelling Units
(ADUs) (Detached) on the subject property.
Due to how the yards of the house are classified, the existing detached garage is located
in the front yard and the rear yard setback of the existing house is 4.5 metres where 7.5
metres is required (see Figure 3). Please note that staff originally identified the garage as
also being in the exterior side yard, but through further review it was determined that the
garage is entirely within the front yard.
A new detached building is proposed in the rear and interior side yards of the subject
property. The new building would contain two Additional Dwelling Units (ADUs)
(Detached). The proposed new building does not require any variances. In addition, a
previous building permit was granted for interior alterations which would add an ADU to
the interior of the existing dwelling.
requires a full zoning review and so the zoning deficiencies of the existing dwelling were
identified at the time of application for building permit for the detached ADUs. Granting the
variances to recognize the existing conditions of the dwelling and garage will allow the
proposed new building with two ADUs to proceed to building permit.
Figure 2 Site Plan of subject property showing existing house and proposed new
building with two ADUs.
Figure 3 Site Plan with yards identified (front yard in red, exterior side yard in
green, rear yard in yellow, and interior side yard in blue).
Figure 4 View of subject property facing west from Shelley Drive
Figure 5 View of rear yard facing east.
Figure 6 - View of rear and interior side yards facing south.
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 designation is to encourage a range of different housing to achieve a low rise
built form in the neighbourhood. The existing dwelling and detached garage are permitted
with the land use designation. The variance to recognize the rear yard setback of the
existing dwelling and the location of the existing garage 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 existing
dwelling has a rear yard setback of 4.5 metres. The purpose of minimum rear yard
setbacks in residential zones is to provide privacy from neighbouring dwellings and a
sufficient amenity area. The yard is existing and staff did not observe any adverse impacts
resulting from the reduced setback. Further, the rear yard functions similarly to an interior
side yard, and had it been classified as such, a variance would not be needed for the
reduced setback. The interior side yard functions as a rear yard and provides sufficient
amenity area for the dwelling. Therefore, the proposed rear yard variance will maintain the
general intent of the Zoning By-Law.
Section 4.1.e) of Zoning By-law 2019-051 states that accessory buildings cannot be
located in the front or exterior side yards. The purpose of this regulation is to ensure that
the street line remains consistent and the quality of the streetscape is maintained. The
existing detached garage is located in the front yard on the subject property. However,
despite how the yards have been identified, the entrance to the dwelling is from Shelley
Drive and the site functions as though the exterior side yard was the front yard. In
surrounding neighbourhood and does not negatively impact the streetscape. This variance
would maintain the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff have not observed any significant or adverse impacts related to the rear yard setback
of the existing dwelling or the location of the existing garage. Reconstructing the dwelling
or garage to bring them into compliance with the Zoning By-law would cause much more
significant impacts than permitting the existing zoning deficiencies. Therefore, the
proposed variances are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances will recognize the existing conditions of the dwelling and detached garage.
They will also facilitate the development of two ADUs in the rear yard. Therefore, the
proposed variances are 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 building permits
for the detached ADU is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks and Cemeteries/Forestry Division Comments:
There are numerous City-owned street trees within the boulevard on Shelley Dr and
Shelley Place. It is expected that all City owned tree assets will be fully protected to City
standards throughout construction as per Chapter 690 of the current Property
Maintenance By-law.
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
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