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Home My WebLink AboutDSD-2025-354 - A 2025-081 - 942 Audrey PlaceStaff 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: Sean Harrigan, Planner (Policy), 519-783-8934 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: August 8, 2025 REPORT NO.: DSD -2025-354 SUBJECT: Minor Variance Application A2025-354 - 942 Audrey Place RECOMMENDATION: That Minor Variance Application A2025-354 for 942 Audrey Place requesting relief from Section 4.14.10 b. i) of Zoning By-law 2019-051 to permit steps/access, that exceed 0.6 metres above ground level, to be setback of 0.3 metres from the northern interior side lot line instead of the minimum required 0.75 metres, generally in accordance with drawings prepared by Mechways Inc., dated April 28, 2025, revised July 21, 2025, BE APPROVED subject to the following condition: 1. That the owner shall provide evidence to the Manager of Development Approvals, City of Kitchener, that all existing and proposed window wells comply with the minimum required zoning setback. REPORT HIGHLIGHTS: • The purpose of this report is to review the requested minor variance for a reduced side yard setback for steps leading to the principal entrance of an Additional Dwelling Unit (AD U)(Attached). • The key finding of this report is that staff are satisfied that the requested variance fulfills the Four Tests. • 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 123 of 303 I BACKGROUND: The subject property is located on the west side of Audrey Place and south of Merkling Street. The property currently contains a Single Detached Dwelling and recently received approval for a Building Permit to add an Additional Dwelling Unit (ADU)(Attached) in the basement. The construction and inspection process for the Additional Dwelling Unit (ADU)(Attached) is ongoing. The principal entrance for the secondary dwelling unit is located in the side yard and requires external steps exceeded 0.6 metres in height. These steps were not identified on the Building Permit and do not comply with the minimum required 0.75 metre side yard setback. Figure 1 - Location Map (942 Audrey Place Shown in RED) U 0 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 Three Zone (RES -3)' in Zoning By-law 2019- 051. The purpose of the application is to review the requested minor variance to facilitate the construction of steps within the side yard leading to the principal entrance of an Additional Dwelling Unit (ADU)(Attached). The existing building is approximately 1.2 metres from the northern side lot line and the principal entrance for the Additional Dwelling Unit is located approximately 0.9 metres above the surrounding ground. It is impossible to construct steps within the existing 1.2 metres side yard that complies with the Ontario Building Code for minimum width while adhering to the required 0.75 metres side yard setback. During staff's site visit, it was identified that the window well along the southern side of the house had been enlarged. This enlarged window well most likely does not comply with the minimum required 0.5 metre side yard setback and may negative impact side yard Page 124 of 303 drainage swales. As such, staff have requested a condition of approval that requires the applicant to confirm all existing and proposed window wells comply with the Zoning By- law. 70 2 2 ADJACENT LOT PROPERTY LINE t PRINCIPAL VP voRCn 77 CL GARAGEDRIVEI 942 AUDREYTWtJ STOREY PL, 1, MTCHENER 0 M — — — �71 1a z 0 SPACE -2 SPACE -I 47�5 PROPERTY LINE ADJACENT LOT PROPOSED DECK MGRAM ROE ENTRANCE FOP A'XMOR' MEdLIUNG UNIT Figure 2 - Site Plan ............ ....... 7 r7 7 I r I -T T . . . . . . . . . - - - - - - - - - - - - -- - - - T --LT ..................... EXIST. 7 --L T EXIST. .. . . . . I . . . . . . . . . . . . ... . . . WINDOW DOOR 78" X 5'43� X 113' . . . . . . .. T .......... :[GLAZED AREA L1 BEYOND - GLAZED AREA "iIXIST- iINDOW 47.11. I:I GRADE T i" EXIST A/C U Figure 3 - Right Side Elevation and Proposed Steps FIN- SECOND FLOOR FIN, GROUND FLOOR MID LANDING FIN. BASEMENT_ _ _ Page 125 of 303 Figure 4 - 942 Audrey Place \" Figure 5 - 942 Audrey Place — Right Side and Proposed Steps Location Page 126 of 303 -_sL �-yam Figure 6 - 942 Audrey Place — Left Side and Enlarged Window Well 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 general intent of the `Low Rise Residential' land use designation is to support a high quality of life while ensuring that existing and new residential areas are walkable and supported by all modes of transportation. To this regard, the proposed steps in the side yard support a higher quality of pedestrian entrance to the Additional Dwelling Unit (ADU)(Attached) that contributes to walkability. Official Plan policy 4.C.1.8 states that where a minor variance is requested for residential intensification, the overall impact of the variance will be reviewed to ensure, amongst other provisions, that the lands can function appropriately and do not create unacceptable adverse impacts for adjacent by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on site. To this regard, there is an existing 1 metre wide drainage swale centred on the shared side yard property line. This swale should remain landscaped to allow suitable drainage to occur without impacting adjacent properties. Engineering staff confirmed that the proposed steps encroach into the approved drainage swale. However, since the steps are raised, there are no anticipated impacts to the drainage swale. As such, staff are satisfied that the proposed variance maintains the general intent of the Official Plan. Page 127 of 303 General Intent of the Zoning By-law The general intent of the minimum side yard setback for steps or access ramps is to ensure steps and access ramps do not impact approved drainage patterns, usually in the form of drainage swales located along shared side lot lines. As mentioned above, there is a drainage swale located along the shared side lot line with half of the drainage swale located on each property. The proposed steps are located approximately 0.3 metres from the side lot line and as such, encroach into the drainage swale. However, the raised steps and supporting posts with buried concrete footings are not anticipated to negatively impact the approved drainage swale and as such, the requested variance satisfies the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the requested variance are considered minor in nature due given there is no anticipated negative impacts to approved drainage patterns. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variance to allow a reduced side yard setback for steps are considered desirable for the appropriate development or use of the land as they will enable an appropriate access to the Additional Dwelling Unit (ADU)(Attached) and support a gentle intensification of the subject property. Environmental Planning Comments: There are no anticipated impacts to trees, therefore no Tree Management Policy compliance issues. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit has been issued for the ADU and the includes the side yard stairs to the proposed attached ADU. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: There is an existing City -owned street tree within the right-of-way on Audrey Place. 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: Transportation Services have no concerns with this application. Page 128 of 303 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 129 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 130 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 131 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 132 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 133 of 303