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Home My WebLink AboutDSD-2025-209 - A 2025-046 - 241 Huck Cres Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 20, 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 7 DATE OF REPORT: May 7, 2025 REPORT NO.: DSD-2025-209 SUBJECT: Minor Variance Application A2025-046 241 Huck Crescent RECOMMENDATION: That Minor Variance Application A2025-046 for 241 Huck Crescent requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.14.4 b) ii) to permit a deck to have a rear yard setback of 3.9 metres instead of the minimum required 4.0 metres; and ii) Section 7.3, Table 7-2, to permit an addition of a sunroom to have a rear yard setback of 4.8 metres instead of the minimum required 7.5 metres; to facilitate the construction of a sunroom and deck in accordance with drawings prepared by Four Seasons Sunrooms GTA, dated January 26, 2025, BE APPROVED, subject to the following condition: 1. That the Owner shall provide and show Erosion and Sedimentation Control Measures on the plot plan for the Application for Building Permit to protect the Locally Significant Valleyland to the rear and side of 241 Huck Crescent. REPORT HIGHLIGHTS: The purpose of this report is to review a Minor Variance Application requesting a reduced rear yard setback of 3.9 metres rather than the required 4 metres to construct a deck and a reduced rear yard setback of 4.8 metres rather than the required 7.5 metres to construct an addition of a sunroom attached to the dwelling. The key finding of this report is that the requested 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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. BACKGROUND: The subject property is located on the northwest side of Huck Crescent in the Highland West neighbourhood, which is predominantly comprised of low rise detached dwellings. Figure 1 Aerial Photo of the Subject Property The subject Community Areas Urban Structure and is Low Rise Residential Low Rise Residential Three Zone (RES-3)-law 2019- 051. The purpose of the application is to request relief from Section 4.14.4 b) ii) to permit a rear yard setback of 3.9 metres instead of the minimum required 4 metres and from Section 7.3, Table 7-2 to permit a rear yard setback of 4.8 metres instead of the minimum required 7.5 metres. Approval of the variances will allow for the development of a deck and addition of a sunroom. Figure 2 Proposed Site Plan Figure 3 Site Photo of 241 Huck Crescent Figure 4 Existing rear yard where the deck and addition are proposed. Figure 5 Existing rear yard where the deck and addition are proposed. 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. The use of the property for a detached dwelling is permitted and a rear yard deck and sunroom are natural extensions of the living space. Planning Staff is of the opinion that the proposed minor variances to facilitate a rear yard deck and sunroom meet the general intent of the Official Plan General Intent of the Zoning By-law The purpose of the minimum rear yard setback is to ensure that an adequate distance is maintained between buildings or additions and the rear property line to accommodate for fire separation, to provide privacy to abutting neighbours, and to accommodate an appropriate amount of amenity space for the residents of the dwelling. Planning Staff is of the opinion that the proposed 3.9 metre setback of the deck meets the intent of the rear yard setback regulation as there is still an adequate amount of rear yard space provided and as the deck will provides another type of passive outdoor recreational space, the general intent of the Zoning B-law will be maintained. The 4.8 metre setback for the addition is not anticipated to cause privacy concerns as the proposed addition is situated in the portion of the rear yard that abuts Huck Park Natural Area along the left side interior side yard and the rear yard. Fire separation and privacy would be maintained for the neighbour abutting the right side interior side yard. Accordingly, the reduced setback for the sunroom will maintain 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 3.9 metres to permit the addition of a deck and 4.8 metres to permit the addition of a sunroom are minor as the abutting neighbour at 245 Huck Cres received approval for a variance for a reduced rear yard setback of 4.4 metres rather than the required 7.5 metres to permit the addition of a sunroom, and the requested variance of 3.9 metres to permit the addition of a deck will be very close to the required 4 metre setback and not discernible. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are desirable and appropriate for the use of the land as they will facilitate the construction of useable amenity space for the residents of the dwelling. In addition, due to the grade of the rear yard, the green amenity space is difficult to fully utilize, so the variances will facilitate the construction of the proposed addition and deck which will allow a greater use of the amenity space of the property. Environmental Planning Comments: The subject property is adjacent to a Locally Significant Valleyland (LSV). Environmental Planning Staff are not in favour of reduced setbacks to the Natural Conservation Zone (NHC-. Erosion and Sedimentation Control (ESC) measures should be provided in accordance with the building permit to protect the LSV to the rear. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variances provided a building permit for the proposed sunroom and deck is obtained prior to construction. Please contact the Building Division at building@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 Services have no concerns with this application. Grand River Conservation Authority (GRCA) Comments: GRCA has no objections 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 property is not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Region of Waterloo 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 May 6, 2025 Connie Owen City of KitchenerFile No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting May 20, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 – 043 – 82 Brunswick Avenue – No Concerns 2) A 2025 – 044 – 84 Brunswick Avenue – No Concerns 3) A 2025 – 045 – 191 Morgan Avenue – No Concerns 4) A 2025 – 046 – 241 Huck Cresent – No Concerns 5) A 2025 – 047 – 14 Jansen Avenue – No Concerns 6) A 2025 – 048 – 24 Amherst Drive – No Concerns 7) A 2025 – 049 – 42 Orchard Mill Cresent – No Concerns 8) A 2025 – 050 – 244 Samuel Street – No Concerns 9) A 2025 – 051 – 503 Victoria Street North – No Concerns 10) A 2025 – 052 – 573 Guelph Street – No Concerns 11) A 2025 – 053 – 575 Guelph Street – No Concerns 12) A 2025 – 054 – 864 King Street West – 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 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. Document Number: 4976854 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: 4976854 May 5, 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 May 20, 2025 Applications for Minor Variance A 2025-0212880 King Street EastA 2025-04942 Orchard Mill Crescent A 2025-04382 Brunswick AvenueA 2025-050244 Samuel Street A 2025-04484 Brunswick AvenueA 2025-051503 Victoria Street North A 2025-045191 Morgan AvenueA 2025-052573 Guelph Street A 2025-046241 Huck CrescentA 2025-053575 Guelph Street A 2025-04714 Jansen AvenueA 2025-054864 King Street West A 2025-04824 Amherst Drive Applicationsfor Consent B 2025-0161950 Fischer Hallman Road B 2025-017864 King Street West 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