HomeMy WebLinkAboutDSD-2025-171 - A 2025-040 - 160 Charles Best Place
DevelopmentServices Departmentwww.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: Sheryl Rice Menezes, Senior Planning Technician,
519-783-8944
WARD(S) INVOLVED: 9
DATE OF REPORT: April 4, 2025
REPORT NO.: DSD-2025-171
SUBJECT: Minor Variance Application A2025-040 160 Charles Best Pl.
RECOMMENDATION:
That Minor Variance Application A2025-040 for 160 Charles Best Place requesting
relief from the following sections of Zoning By-law 2019-051:
i) Sections 4.12.3 h) to permit a building height of 4.9 metres instead of the
maximum permitted 4.5 metres;
ii) Sections 4.12.3 m) to permit an exterior side yard setback of 4.2 metres
instead of the minimum required 4.5 metres;
to facilitate the construction of an Additional Dwelling Unit (ADU)(Detached) in the
rear yard of the subject property, generally in accordance with drawings prepared
by application and attached to Minor Variance Application A2025-040, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to facilitate the construction of an Additional Dwelling Unit
(ADU) (Detached) and review variances for building height and setback from a side
yard abutting a street.
The key finding of this report is that the requested minor variances meet 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
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.
Image 1: Aerial photo (2024)
BACKGROUND:
The subject property is located at the southeast corner of the intersection of two streets on
a crescent known as Charles Best Place.
Community Areas Urban Structure and is
Low Rise Residential Land Use in th
Low Rise Residential Five Zone (RES-5-law 2019-
051.
The purpose of the application is to permit a detached ADU in the rear yard of an end unit
street townhouse.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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 Low-Rise Residential designation is intended to encourage residential intensification
and/or redevelopment which includes additional dwelling units to respond to changing house
needs and as a cost-effective means to reduce infrastructure and services costs by
minimizing land consumption and making better use of existing community infrastructure.
The proposed detached ADU is a permitted use in the land use designation and a desirable
development of a residential property. It is the opinion of staff that the requested variances
meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the building height regulation for detached ADUs is ensure that the detached
additional dwelling unit is subordinate to the main use and therefore of a height that is either
the same or less than the building height. The request for a building
height of 4.9 metres rather than the maximum permitted 4.5 metres is minimal. The
difference is 0.4 metres and with the proposed sloped shed roof, the impact is not
discernible. It is noted that the shed roof will be lower towards the street line and raised
towards the interior side yard which helps reduce the impact from the street view.
The intent of the building setback from a side yard abutting a street for either the main
building or a proposed detached ADU is also ensure that there is limited impact on the
neighbourhood and the streetscape. The applicant advised that this variance is requested to
provide a slightly larger rear yard amenity area for all the dwelling units. The requested
variance for a 4.2 metre setback to the exterior side yard, instead of the required 4.5 metres,
results in a deficiency of 0.5 metres. This is also a minimal reduction, and staff are of the
opinion that the intent of the regulation is met, and the general intent of the Zoning By-law is
maintained.
Is/Are the Effects of the Variance(s) Minor?
As noted above, the requested variances are a minimal reduction in the regulations and
would not be discernible. The variances would permit a detached ADU to be built that best
suit the property as a whole and would not negatively affect the streetscape. Staff are of the
opinion that the effects of the variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff are of the opinion that the two variances are appropriate for the proposed detached
ADU as they will provide a gentle form of intensification on the property which is appropriate
for the use of the property and compatible with the surrounding neighbourhood.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Existing driveway width to be modified and reduced to comply with bylaw
regulations which is a maximum of 4.8 m and driveway to be located a minimum of 7
m from intersection of property lines at the corner (see Image 3 for proposed plan).
Image 2: View of front of property
Proposed plan for
driveway and walkway
(of different materials)
Image 3: proposed plan
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Image 4: view of rear yard
(it is noted that the existing shed and pen shown above are to be removed from the
property).
Image 5: View of rear yard towards main building
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances provided a building permit
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 existing City-owned street trees within the boulevard on both frontages of
Charles Best Place (see illustration below). 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.
Noted: the applicant has advised Planning staff that the contractors will access the
property from the front yard.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
STRATEGIC PLAN ALIGNMENT:
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.
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 dvance
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
ailing 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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