HomeMy WebLinkAboutDSD-2025-226 - A 2025-048 - 24 Amherst DriveStaff Report
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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: Tim Seyler, Senior Planner, 519-783-8920
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: May 7, 2025
REPORT NO.: DSD -2025-226
SUBJECT: Minor Variance Application A2025-048 - 24 Amherst Drive
RECOMMENDATION:
That Minor Variance Application A2025-048 for 24 Amherst Drive requesting relief
from the following Sections of Zoning By-law 2019-051:
i) Section 5.4 f) and Table 5-2 to permit a driveway width of 8.3 metres instead of
the maximum permitted driveway width of 8 metres; and
ii) Section 7.3, Table 7-2, to permit an interior side yard setback of 0 metres
instead of the minimum required 1.2 metres;
to recognize an existing driveway and facilitate the conversion of the existing
garage into an entry area for an Additional Dwelling Unit (ADU) (Attached), generally
in accordance with drawings submitted as part of Minor Variance Application
A2025-048, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to permit a
driveway to be 8.3 metres in width and 0 metres from the side lot line.
• 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
and this report was posted to the City'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 corner of Amherst Drive and Drummond Drive in the
Doon South neighbourhood.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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Figure 1 — Location of subject property – 24 Amherst Drive
The subject property is identified as `Community Areas' on Map 2 – Urban Structure and is
designated `Low Rise Residential' on Map 3 – Land Use in the City's 2014 Official Plan.
The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-
051.
The purpose of the application is to legalize an existing driveway to be 8.3 metres in width
rather than the maximum permitted 8.0 metres, and to permit a driveway to be setback 0
metres from the side lot line instead of the required 1.2 metres. The owner is proposing to
add an Additional Dwelling Unit (ADU)(Attached) to the existing Single Detached Dwelling
and is in the process of obtaining a Building Permit.
It should be noted that the Committee of Adjustment previously approved both of the
required driveway variances in 2013, in order to convert the existing Single Detached
Dwelling to a Duplex Dwelling. The driveway was constructed at the time of the Minor
Variance Approval-, however, the owner/applicant did not clear the required conditions of
the Minor Variance Approval, a Building Permit was never issued and the Single Detached
Dwelling was never converted to a Duplex Dwelling. The minor variance then lapsed and
was never fully in force and effect. The applicant is now applying to add an Additional
Dwelling Unit (ADU)(Attached) within the Single Detached Dwelling and this now requires
the minor variances for the existing driveway conditions.
The existing garage will be converted to an entrance for the Additional Dwelling Unit
(ADU) and will have a principal entrance off of the front portion of the building. A 1.1 metre
unobstructed walkway is not required where the principal entrance to the dwelling unit is
located on the street line fagade. Figure 2 does indicate a proposed walkway-, however, it
Page 95 of 246
is not a requirement for the development should the owner/applicant choose not to move
forward with the walkway.
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Figure 2 — Site Plan showing existing driveway location with parking
Figure 3 — Floor Plan showing proposed new entrance and garage conversion.
Page 96 of 246
Figure 4 — View of 24 Amherst Drive from the street.
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 subject property is designated `Low Rise Residential' in the City's Official Plan. The
intent of this designation is to encourage a range of different housing to achieve a low rise
built form in the neighbourhood.
Specifically, Section 13.C.8.4 of the Official Plan states:
"All parking area or facilities will be designed, constructed and maintained:
f) to result in aesthetically acceptable parking areas which blend into the general
environment of the area."
Planning staff are of the opinion that the existing widened driveway currently blends into
the streetscape and surrounding environment. The appearance of the driveway does not
have any adverse impacts. Therefore, the requested variances meet 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 a driveway shall be no
closer to the side lot line than the required side yard setback. This ensures that vehicles
and their access do not encroach upon adjacent properties. Staff note that the exiting
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driveway does not encroach onto the neighbouring property, and is separated with a small
retaining wall, this section of the driveway does not present any encroachment issues.
Section 5.4, Table 5-2, further states that the maximum width of a driveway with an
attached private garage is the width of the garage or 50% of the lot width. As well, Section
5.4 f) states that no driveway shall exceed 8 metres in width. The existing widened
driveway was approved by the Committee of Adjustment in 2013 and is in line with what
was approved at that time. No further widening has been requested to the existing
d riveway.
Therefore, the proposed variances maintain the general intent of the Zoning By -Law.
Is/Are the Effects of the Variance(s) Minor?
The proposed variances will allow an existing driveway, that was established in 2013, to
remain. The proposed variance will legalize an existing situation that has received no
complaints while in existence for over the past 10 years. Staff do not anticipate any
changes to the appearance and function of the existing driveway. Staff do not anticipate
any significant or adverse impacts as a result of the minor variance. Therefore, the effects
of 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 proposed variances are desirable and appropriate for the use of the land because
they will recognize an existing driveway that was approved previously in 2013 and
facilitate a gentle intensification with the development of an Additional Dwelling Unit (ADU)
(Attached).
Environmental Planning Comments:
No environmental concerns, as no new development/construction is proposed.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the new attached ADU is obtained prior to construction. Please contact the Building
Division at buildinq(a-)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. For future reference, the
parking space dimensioning should be noted in the plan.
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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 — This report has been posted to the City's website with the agenda in advance
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
interested parties to find additional information on the City's website or by emailing 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
• Minor Variance Application A2013-020
Page 99 of 246
May 6, 2025
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
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
Page 100 of 246
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
Page 101 of 246
May 5, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — May 20, 2025
Applications for Minor Variance
A 2025-021
2880 King Street East
A 2025-043
82 Brunswick Avenue
A 2025-044
84 Brunswick Avenue
A 2025-045
191 Morgan Avenue
A 2025-046
241 Huck Crescent
A 2025-047
14 Jansen Avenue
A 2025-048
24 Amherst Drive
Applications for Consent
B 2025-016 1950 Fischer Hallman Road
B 2025-017 864 King Street West
via email
A 2025-049
42 Orchard Mill Crescent
A 2025-050
244 Samuel Street
A 2025-051
503 Victoria Street North
A 2025-052
573 Guelph Street
A 2025-053
575 Guelph Street
A 2025-054
864 King Street West
Grand River Conservation Authority (GRCA) staff have reviewed 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 are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you have any questions, please contact me at aherremana-grand river. ca or 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 102 of 246
Frons:
To: Committee of Adiustment (SM)
Subject: Application A 2025-048 conceminq 24 Amherst Drive
Date: Tuesday, May 13, 2025 5:30:02 PM
You don't often get email from . Learn why this isim op rtant
Dear Committee Members,
I am writing to express my opposition to Minor Variance Application A 2025-048 concerning 24 Amherst
Drive. The application proposes:
• An increased driveway width of 8.3 meters (exceeding the 8 -meter bylaw limit); and
• A 0 -meter southerly side yard setback (where 1.2 meters is required), to legalize an existing driveway
and convert the garage into an entryway for an Additional Dwelling Unit (ADU).
I believe these variances will negatively affect the neighborhood for the following reasons.-
The
easons:The requested changes would not only increase the property's capacity but also eliminate important
setbacks that contribute to character, privacy and neighborhood safety.
Ongoing Disruptive Behavior:
This is a rental property with no on-site owner. Due to this fact, its current use has resulted in repeated
disturbances and crime.
(Individuals/guests/residents —urinating, defecating, and vomiting on the neighboring property - and
exposing themselves beside parked vehicles in front of the neighboring property, and dangerous driving,
stunt driving, drinking and driving, walking on the Drive with opened alcohol from this home to the
neighboring property, their guests of this property drink open alcohol and walk to the neighboring
property), unattended fire -pit, littering which includes glass alcohol bottles and cans and noise.}
These behaviors have been reported to police and are ongoing.
The Bylaw Enforcement is praised for their efforts: however., their patrols are infrequent.
This is unacceptable and deeply disrespectful to the neighboring property and nearby homeowners.
Over -intensification:
Approving these changes would increase occupancy and traffic, leading to further disruption, noise, litter,
and safety issues. An increased driveway invites more vehicles, which in tum increases potential
problematic behavior and crime.
Allowing increased driveway width and eliminating the side yard setback may contribute to
overdevelopment of the lot, potentially changing the character of the neighborhood and setting a
precedent for future applications.
Emergency and Road Access Risks:
There is a fire hydrant directly beside the driveway. Increasing public vehicle access near it may impede
emergency services. Additionally, illegal street parking in front of this home already blocks road access.
especially in winter. affecting snow removal and local traffic.
Pedestrian and 5treetscaM Impact:
There are no sidewalks on Amherst Drive. More vehicles increase risk to pedestrians, dogwalkers and
familes with strollers and children. Amherst drive is a pedestrian route to the Grand River through
adjacent Drives pathway. Permitting more vehicles to access an area generally increases the
Widening or increasing driveways also reduces green space and alters the residential character of the
Page 103 of 246
street.
Drainage and Property Maintenance:
A 0 -meter setback eliminates buffer space needed for proper drainage and property maintenance access,
garbage collection access, potentially affecting neighboring properties.
Allowing an oversized driveway and a zero lot line would set a troubling precedent, eroding community
standards and diminishing quality of life for surrounding residents.
For these reasons, I respectfully urge the Committee to deny this application. Thank you for your time and
consideration.
Sincerely,
Silvana DiMaria
Please confirm this email was received.
Please see attached pictures directly related to the dangers of increasing vehicles and parking safety
concerns along Amherst Drive and the adjacent Drive
Page 104 of 246
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