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HomeMy WebLinkAboutDSD-2025-337 - A 2025-082 - 133 Bloomingdale Road NorthStaff 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: Maitland Graham, Student Planner, 519-783-7879 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: July 29, 2025 REPORT NO.: DSD -2025-337 SUBJECT: Minor Variance Application A2025-082 133 Bloomingdale Road North RECOMMENDATION: That Minor Variance Application A2025-082 for 133 Bloomingdale Road North requesting relief from Section 37.2.1 of Zoning By-law 85-1, to permit an interior side yard setback of 2.7 metres instead of the minimum required 3 metres, where there is a driveway leading to a required parking space situated between the dwelling and the side lot line, to construct/extend the roof from the dwelling over an existing walkway and side porch, generally in accordance with drawings prepared by Yorck Lindner, dated April 30, 2025, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application requesting a reduced interior side yard setback of 2.7 metres instead of the minimum required 3 metres. • 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 on the north side of Bloomingdale Road in the Bridgeport East neighbourhood, which is predominantly comprised of low rise detached dwellings. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 134 of 303 Asp- �N 010D� Figure 1 — Aerial Photo of the Subject Property 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 `Residential Three Zone (R-3)' in Zoning By-law 85-1. The purpose of the application is to request relief from Section 37.2.1 to permit an interior side yard setback of 2.7 metres instead of the minimum required 3 metres, where there is a driveway leading to a required parking space situated between the dwelling and the side lot line, in order to construct/extend the roof from the dwelling over an existing walkway and side porch. Approval of the variance will allow for the development of additional amenity space for the property owner. Page 135 of 303 LUT BALK E TING ROOFING FUN 5PJ49d" UP E><I5T. ROOF RE4QllF TO SAT o0d F. JO5T5 �f CVT 0A4K Ew5T PACU P"IDG JOIST HANGEIC7 -0: 5T. RIM WARY 2'8 ROOF JO19' P 16'a 51-pFEp TION p !UV OB55HEAT4M6 A5 PER MAN— SF=L n OI 1JP Fj 3e••p6pVE GR%•P'_ G-RAOE PO5-EGH Mff.] BGREV{ PILES 1 i '7ATk 8Y P.Fkrj METAL fLABRINO "I PaSTEGH ;TY�.} TO PPI:.OM� SGR_W PIL_5 _ _ F DATA By ENG -i ,AI TO FOLLOW :1, j Figure 2 — Proposed Addition, Front Elevation METAL fLABRINO "I i i I P05TEGH {T'rP.} 5GREVA PILES t7 J 1 J I DATA BY F.ENG J I J I 'T#b TOFOL10k4 'T, 'r+F Figure 3 — Proposed Addition, East Elevation V Page 136 of 303 5T CCNGK--fF0W.' IF IE 24' Ai'7dE GRA i i I P05TEGH {T'rP.} 5GREVA PILES t7 J 1 J I DATA BY F.ENG J I J I 'T#b TOFOL10k4 'T, 'r+F Figure 3 — Proposed Addition, East Elevation V Page 136 of 303 Figure 4 — Existing front yard where the porch addition is proposed. Figure 5 — Existing interior side yard where the porch addition is proposed. Page 137 of 303 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 as `Low Rise Residential' on Map 3 — 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 the extension of the roof providing a shaded walkway and porch area is a natural extension of the living space. Planning Staff is of the opinion that the proposed minor variance meets the general intent of the Official Plan. General Intent of the Zonina By-law The purpose of the minimum side yard setback is to ensure that an adequate separation from the side yard property line to accommodate for fire separation, to provide privacy to abutting neighbours, access to the rear yard and in the case of Section 37.2.1 - where there is a driveway leading to a required parking space situated between the dwelling and side lot line, to accommodate an adequately sized parking space at the side of the dwelling along with sufficient access to the parking space and rear yard. Fire separation is not anticipated to be a concern, as there is still an adequate amount of space between the subject property and abutting property, with both driveways positioned adjacent to each other providing approximately 8 metres of space between the subject property's dwelling and abutting neighbour's dwelling. Privacy concerns are not anticipated to be a concern as no further fagade openings are proposed - only an extension of the roof to provide additional amenity space. The current walkway and side entrance stairs currently occupy a width comparable to the proposed addition. The variance of 0.3 metres allows for full functionality of the walkway and side entrance stairs while accommodating the structural support for the roof addition. Should the variance be refused, an addition with a 3 metre setback would significantly reduce the functionality of the walkway further, as there is an existing window well projecting approximately 0.3 metres into the walkway, which would allow only 0.9 metres remaining for walkway use and side entrance stair access. Approval of the proposed variance would provide 1.2 metres for the walkway and side entrance stair access and also provide a driveway width of 2.6 metres, which adheres to the minimum driveway width regulation in Zoning By-law 85-1. Planning Staff is of the opinion that the proposed 2.7 metre setback of the addition meets the intent of the side yard setback regulation and will provide an alternative type of passive outdoor recreational space. Page 138 of 303 Is/Are the Effects of the Variance(s) Minor? Planning Staff is of the opinion that the requested variance of 0.3 metres to permit a roof extension is minor as the reduction of the setback is not discernible, allows an adequate amount of space for fire separation, privacy, and parking, and would promote greater use of the land by providing additional useable amenity space. Furthermore, a similarly sized awning previously occupied the same area as the proposed roof addition, providing shade and weather coverage, before sustaining damage in a storm and subsequently being removed. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate for the use of the land as it will facilitate the construction of useable amenity space for the residents of the dwelling. Environmental Planning Comments: There are no concerns as there are no natural heritage features, no trees and accordingly no issues with compliance with the Tree Management Policy. Grand River Conservation Authority: GRCA has no objection 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 the GRCA is not required. Heritage Planning Comments: No Heritage comments or concerns Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the new roof structure. Engineering Division Comments: Engineering has no concerns. Parks and Cemeteries/Forestry Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 139 of 303 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 85-1 Page 140 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 141 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 142 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 143 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 144 of 303