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Home My WebLink AboutDSD-2025-334 - A 2025-074 - 288 Forest Creek DriveStaff Report xi _NI .fi Development Services Department www.kitchener.co REPORT TO: Committee of Adjustment DATE OF MEETING: August 19, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: July 30, 2025 REPORT NO.: DSD -2025-334 SUBJECT: Minor Variance Application A2025-074 288 Forest Creek Drive RECOMMENDATION: That Minor Variance Application A2025-074 for 288 Forest Creek Drive requesting relief from Section 4.7.2, Table 4-2, of Zoning By-law 2019-51 to permit a Personal Services Use as a Home Occupation in a Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached) (Duplex), whereas a Personal Services as a Home Occupation is only permitted in a Single Detached Dwelling, to facilitate the addition of a personal service home occupation in a an existing duplex in accordance with drawings prepared by Pawandeep Grewal, submitted with application Minor Variance Application A2025-074 and finalized on July 18, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance to permit a home occupation (Personal Service)s to be in a Single Detached dwelling with an Additional Dwelling Unit (AD U)(Attached), a Duplex. • 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 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 46 of 303 BACKGROUND: The subject property is located in the Doon Pioneer Park Neighbourhood north of Robert Ferrie Drive on Forest Creek 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 Two Zone (RES -2)' in Zoning By-law 2019- 051. Figure 1: Location Map Page 47 of 303 41 STEEP GN TAN 10 Rt ti LILA_( I -.A ],61 24q 25S 26ft ]56 160 TE9 OSR 1 ]64 224 T.I s - ZER ]35 .3KS-] . 24f. 292 264 1Y] ..119 2B9 .. 112 DINSN S�JIJT! --- )1] t60 _ (Oe 969 9v1t ._-_ 215 R�5.7 9,i 595 ItA IN IO] 196 FOkE.S]iHEi.K TRT3v i1) $ 14T 1K� P99 f41 � 909 MwVaXeY3�5NP 111 515 0 965 151 195 196 905 961 5]3 4 ,I _ 139 I -1tl_ 191 5]1 i61 187 1i E RILtI,I PPP.. ➢?] 6tf 1855 —ill 14 53 59T 1]5 —'13P� _ Y ]e 1y RES3 .- bt SOI y� t1 `116 -ti6i 1) 65 853189 .1 C )n a 69 73 1511 ]S 6t b j. - . ` , _ +e iRp1E_ 2 11)4 Figure 2: Zoning Map The purpose of this application is to permit a `Personal Services' use for women's personal care as a home occupation. The house was constructed under building permit number 17 125890 and received final inspection approval in 2020. In 2023, a building permit was issued to finish the basement and add an attached Additional Dwelling Unit. The homeowner has recently inquired about establishing a personal service business within the home. However, the Zoning By-law does not permit a home occupation when an additional dwelling unit is present. The proposed business will be operated solely by the homeowner, without non-resident employees, and will therefore require one parking space. The property provides three designated parking spaces as per Figure 3- one inside the garage and two on the driveway, which will accommodate the parking requirements for the Primary Dwelling, the Additional Dwelling Unit, and the Home Occupation. Based on the drawings provided by the owner, the home occupation will be located on the front portion of the ground floor, in a room about 12 square metres in size. Page 48 of 303 J !aWN e 45,288 }' EX18T1N329TOREY _ j CMELLM UWT a� - '1 — — �- ` MW _ PYaWC1rtY lw�RTAtTIi Rl •� � -- �� y�id�am�w dwm.�w, s« ...� �• Figure 3: Site plan drawing of the subject property showing 3 parking spaces Figure 4: The main floor plan of the principal dwelling house showing the location of the proposed home occupation Page 49 of 303 Staff visited the site on July 31, 2025. Figure 5: An image of the Front of the Single Detached Dwelling with one ADU (attached) showing the Garage and the Driveway Page 50 of 303 Figure 6: An Image of the Side Yard of the Dwelling that Leads to the Access of the ADU in the Rear Portion of the House 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 property is designated as Low Rise Residential, which places emphasis on compatibility of building form with respect to massing, scale, and design to support the successful integration of different housing types. It also emphasizes the relationship of housing to adjacent buildings, streets, and exterior areas. The existing use as a Single Detached Dwelling with an Additional Dwelling Unit (ADU)(Attached) is permitted. The addition of an accessory home business is in keeping with the intent of the residential designation. The massing and scale of the building are not changing. Therefore, the proposed variance meets the general intent of the Official Plan. Page 51 of 303 General Intent of the Zoning By-law The intent of the regulation to prohibit a personal service home business in a dwelling with two units is to ensure that a home business does not negatively impact any other occupants in the building. As noted in the Background section above, the home occupation is limited to one room on the ground floor. The applicant states that the owner "tenant" is the only person working, with no non-resident working with one client at any given time. The site accommodates 3 parking spaces for the primary dwelling, the additional dwelling unit, and the home occupation; therefore, parking regulations are met. Staff are of the opinion that there will be no impact on the resident(s) in the second dwelling unit. The requested variance meets the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The area proposed for the home occupation is limited to a single room with a total area of 12 square metres, which represents a small portion of the overall building floor area of approximately 170 square metres, as shown in Figure 3. As noted above, the personal service use will have minimal impacts, with only one client being served at a time. In staff's opinion, the effects of the variance are considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable for the appropriate development and use of the residential building on the subject property, as it will allow for a suitable home-based business to operate within a building containing two dwelling units. Allowing this type of small-scale personal service use can benefit the local community by contributing to a complete and walkable neighbourhood, offering additional services within a residential area while maintaining its character. In staff's opinion, the proposed use is appropriate, compatible with the residential nature of the property, and supportive of broader planning objectives that promote mixed-use and complete communities. Environmental Planning Comments: No concerns as there is no site development and a change in use only. There are lands zoned `Natural Conservation Zone (NHC-1)' to the rear of the property. Heritage Planning Comments: No Heritage comments or concerns Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the home business is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Forest Creek Drive. 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, as required. No revisions to the existing driveway or boulevard apron will be permitted Page 52 of 303 without Forestry approval. Tree Protection and Enhancement Plans to Forestry's satisfaction will be required outlining complete protection of City assets prior to any demolition or building permits being issued. 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 — 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 Page 53 of 303 Region of Waterloo August 5th, 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 4A 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 August 19, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 071 — 99 College Street — No Concerns 2) A 2025 — 072 — 413 Zeller Drive — No Concerns 3) A 2025 — 073 — 112 Admiral Road — No Concerns 4) A 2025 — 074 — 288 Forest Creek Drive — No Concerns 5) A 2025 — 075 — 15 Eby Street South — No Concerns 6) A 2025 — 076 — 221 Sydney Street South — No Concerns 7) A 2025 — 077 — 3 Ivy Lane Court — No Concerns 8) A 2025 — 078 — 667 Victoria Street South — No Concerns 9) A 2025 — 079 — 706 Frederick Street — No Concerns 10) A 2025 — 080 — 706 Frederick Street — No Concerns 11) A 2025 — 081 — 942 Audrey Place — No Concerns 12) A 2025 — 082 — 133 Bloomingdale Road North — No Concerns 13) A 2025 — 083 — 103 Joseph Street — No Concerns 14) A 2025 — 084 — 27 Turner Avenue — No Concerns 15) A 2025 — 085 — 236 Guelph Street — No Concerns 16) A 2025 — 086 — 250 Mill Street — No Concerns 17) A 2025 — 087 — 980 & 1018 Hidden Valley Road — No Concerns 18) A 2025 — 088 — 670 King Street West — No Concerns Document Number: 5041192 Page 54 of 303 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. 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: 5041192 Page 55 of 303 August 1, 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 —August 19, 2025 Applications for Minor Variance A 2025-071 99 College Street A 2025-072 413 Zeller Drive A 2025-073 112 Admiral Road A 2025-074 288 Forest Creek Drive A 2025-075 15 Eby Street South A 2025-077 3 Ivy Lane Court A 2025-078 667 Victoria Street South A 2025-079 706 Frederick Street A 2025-080 706 Frederick Street A 2025-081 942 Audrey Place A 2025-082 133 Bloomingdale Road North A 2025-083 103 Joseph Street A 2025-084 27 Turner Avenue A 2025-085 236 Guelph Street A 2025-086 250 Mill Street A 2025-087 980 & 1018 Hidden Valley Road A 2025-088 670 King Street West Applications for Consent B 2024-039 & B 2024-040 120 Keewatin Avenue B 2025-022 825 Stirling Avenue South B 2025-023 220 Heiman Street B 2025-024 17 Downey Street B 2025-025 17 Downey Street via email 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 56 of 303 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-g- randriver.ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 57 of 303 August 12, 2025 RE: A 2025-074 - 288 Forest Creek Drive Dear Committee of Adjustment, I am a resident of Forest Creek and am writing regarding Minor Variance Application 2025-074 for 288 Forest Creek Drive. As stated in the application, the property contains an Additional Dwelling Unit (ADU) with tenants who already park on the street. Given the limited on -street parking available in the area and the narrowness of the street, the current parking demand places considerable pressure on residents and visitors. Allowing a customer -facing personal service business at this location may increase vehicle traffic and exacerbate existing parking challenges. Increased parking congestion could affect accessibility for residents and may also raise safety concerns for pedestrians and drivers alike. While I support local businesses, I respectfully urge the Committee to carefully weigh these potential impacts when making their decision to ensure the continued safety and convenience of the neighbourhood. Thank you for considering my comments. Sincerely, A Resident of Forest Creek Saira K. Page 58 of 303