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Home My WebLink AboutDSD-2025-335 - A 2025-077 - 3 Ivy Lane CourtStaff 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 7 DATE OF REPORT: July 30, 2025 REPORT NO.: DSD -2025-335 SUBJECT: Minor Variance Application A2025-077 - 3 Ivy Lane Court RECOMMENDATION: That Minor Variance Application A2025-077 for 3 Ivy Lane Court requesting relief from Section 4.7.2, Table 4-2, of Zoning By-law 2019-51 to permit a Personal Services (Home Occupation) to continue in a Single Detached Dwelling with one Additional Dwelling Unit (ADU) (Attached), Duplex, whereas a Personal Services (Home Occupation) is only permitted in a Single Detached Dwelling, to facilitate the conversion of a Single Detached Dwelling to a Duplex, in accordance with drawings prepared by M. Shafii, dated June 24, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application to permit an Additional Dwelling Unit (ADU)(Attached) to a Single Detached Dwelling with a Personal Services Home Occupation • 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. BACKGROUND: The subject property is located in the Highland West neighbourhood, south of Victoria Street South and East of Ira Needles Boulevard *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 78 of 303 The subject property is identified as `Community Area' 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. RES -4 �l r RFq�? NMC -1 RCS,A v _� kfSS 1 I i 4 '4. i� 4r RIES-5 1237) RES I •iy�M�.�.,� Ny ;�•r, •msYs� � * v �y¢,. � 3�� -cam � ti ��. -� ♦ice . 9 J 00, RES -4 �l r RFq�? NMC -1 RCS,A v _� kfSS 1 I Figure 2 - Zoning Map L�S�+W4EA�� pR tiC M i COM -1 Page 79 of 303 i RIES-5 1237) RES I Figure 2 - Zoning Map L�S�+W4EA�� pR tiC M i COM -1 Page 79 of 303 The subject property currently contains a Single Detached Dwelling that includes a Personal Services Home Occupation (hair salon). The dwelling was constructed in 2005 and received approval of a Minor Variance Application to permit a driveway located 8.4 metres from the intersection of Ivy Lane Court and Westmeadow Drive, whereas the Zoning By-law requires a minimum setback of 9 metres. A Zoning Occupancy Certificate was issued in 2016 for the operation of the Home Occupation. In 2024, the owner applied for a building permit to construct a one -storey rear addition to the existing dwelling. In conjunction with the Building Permit Application, Minor Variance Application A2024-045 was submitted and approved to permit a reduced rear yard setback of 3 metres, instead of the required 7.5 metres, to facilitate a proposed addition for additional living space. The current application proposes to add an attached Additional Dwelling Unit (ADU) (Attached), which is a permitted use under the Zoning By-law. However, a Personal Services Home Occupation is only permitted within Single Detached Dwelling that does not contain an Additional Dwelling Unit (AD U)(Attached). As such, this variance is requested to allow the continuation of the existing Personal Services Home Occupation (hair salon) while adding the attached ADU. The property provides four parking spaces: two within the attached garage and two on the front driveway. There is a large mature tree located at the corner of the property. The owner has indicated that the tree will be removed, as it does not comply with the City's Corner Visibility Tringle and Driveway Visibility and Fence By-law and poses a safety concern. FRONT YARD 105' SETBACK 9.2m 132.00 ml 510E YARD SETBACK 1.22m 727N L __________�I >• .0 _ PLAN OF LOT 31 REGISTERED PLAN 58M-313 CITY OF KITCHENER i ----------- i �i I a REGIONAL MUNICIPALITY OF gi eE WATERLOOL ----------JI `----------` XISW f : = pE[N IFDUSINESS PARKING SPOT _ _ _ _ _ _ _ _ _ _ _ $I ` _ _ _ _ _ _ _ _ _ _ s pAED.'.,...'.'' '1 _ -ter•.• �.. rN•5T' Z3• ®r ��r.��.Q,%�7.,L�O6dp� 35, 6„ 123.00 ml A WESTMEADOW DR Figure 3 - The Site Plan of the Subject Property 1- , O MAIN MLLM €MS+ING WTXARE ENKIING HAR➢5[iPE PAN n SPAQS MTS mTNANU oaaN Page 80 of 303 BUSINESS AREA (UPDATED) AND FUTURE UNIT 2 AREA Figure 4 - The basement floor plan where the home occupation is and the ADU will be proposed Development and housing Approval Staff visited the site on July 31, 2025 Figure 5 - An image showing the front of the detached dwelling with the garage and the driveway Page 81 of 303 Figure 6 - An image showing the corner of the property and the trees that will be removed FlThe addition That was approved underA xr R 2024-045 ., r .I� "Alm11 4' Figure 7 - An image of the exterior side of the property showing the rear addition that was approved last year 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' which encourages a compatible mix of low-rise housing types and emphasizes integration through appropriate massing, scale, and design. The existing use, a Single Detached Dwelling with a Personal Services Page 82 of 303 Home Occupation, is permitted in this land use designation. The proposed Additional Dwelling Unit (ADU) (Attached) will be contained within the existing built form and a recently approved rear addition, and will not alter the building's overall massing or scale. The Official Plan also encourages intensification within residential areas to support a broader range of housing options. Specifically, Policy 4.C.1.5 states that the City will identify and promote opportunities for residential intensification, including additional dwelling units, both attached and detached, as a means of responding to changing housing needs and making more efficient use of existing infrastructure and services. The intent of the Official Plan is to allow gentle intensification while maintaining compatibility with surrounding properties. While the Zoning By-law currently restricts personal service home occupations in dwellings that contain ADUs, the continued use of the home occupation in this case is appropriate and does not conflict with the broader goals of the Official Plan. Allowing this variance will continue to support small-scale, community -serving businesses within residential neighbourhoods and contribute to the creation of more complete communities. As such, the proposed variance to permit the continuation of the Personal Services Home Occupation in conjunction with the addition of an ADU maintains the general intent and purpose of the Official Plan. General Intent of the Zoning By-law The intent of the Zoning By-law regulation that prohibits a Personal Services Home Occupation in a dwelling containing an Additional Dwelling Unit (ADU) is to minimize potential conflicts and ensure that the home business does not negatively impact the other occupants within the building. In this case, the home occupation is limited to one room located in the basement of the primary dwelling. The business is operated solely by the homeowner, with no non-resident employees, and accommodates only one client at a time by scheduled appointment. This minimizes traffic, noise, and any potential disruption to the residents of the second unit. The property provides a total of four parking spaces: two within the attached garage and two on the front driveway. This satisfies the Zoning By-law's parking requirements for both dwelling units and the home occupation. Given the small scale of the business, the limited number of clients, and the separation of the business space from the second unit, staff are of the opinion that the proposed variance will not create adverse impacts on the additional unit or the surrounding neighbourhood. Therefore, the variance maintains the general intent and purpose of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposed home occupation is limited to one room in the basement, with a total area of 22.1 square metres. This represents a small portion of the overall floor area of the dwelling, as illustrated in Figure 3. The business will be operated by the homeowner alone and will accommodate only one client at a time, by appointment. Given the scale of the use, and the limited number of clients, the impacts of the home occupation are expected to be minimal. There will be no anticipated adverse effects related to noise, traffic, or parking. Page 83 of 303 In staff's opinion, the requested variance will not result in any negative impacts on the additional dwelling unit or the surrounding neighbourhood, and therefore, 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? Planning staff are of the opinion that the proposed variance is both desirable and appropriate, as it supports gentle residential intensification through the addition of an Additional Dwelling Unit within the existing building. Allowing the continuation of a small-scale home occupation alongside the residential uses can provide a valuable service to the local community while maintaining compatibility with the surrounding neighbourhood. This supports the development of a more complete, walkable, and mixed-use residential area without compromising its character. Environmental Planning Comments: No concerns as no trees, no site development/variance for use only. Heritage Planning Comments: No Heritage comments or concerns Building Division Comments: The Building Division has no objections to the proposed variance provided a building permits for the attached additional unit 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 Westmeadow 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 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. Page 84 of 303 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 • A2005-056 • DSD -2024-271 Page 85 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 86 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 87 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 88 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 89 of 303