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HomeMy WebLinkAboutDSD-2025-412 - A 2025-105 - 1010 Copper Leaf Cres Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: October 15, 2025 REPORT NO.: DSD-2025-412 SUBJECT: Minor Variance Application A2025-105 1010 Copper Leaf Crescent RECOMMENDATION: That Minor Variance Application A2025-105 for 1010 Copper Leaf Crescent requesting relief from Zoning By-law 2019-051: i) Section 4.12.3 g) to permit a lot width of 8 metres instead of the minimum required 10.5 metres; and ii) Site Specific Provision (280) to permit a rear yard setback of 11.6 metres for the principal dwelling and 0.9 metres to the Additional Dwelling Unit (ADU)(Detached) instead of the minimum required rear yard setback of 18.5 metres; to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by GoConex Group Inc., dated September 16, 2025, BE APPROVED, subject to the following conditions: 1. That the Owner shall modify the existing driveway, to provide a driveway and a distinguishable unobstructed walkway to the proposed Additional Dwelling Unit (ADU)(Detached), in accordance with the regulations of Zoning By-law 2019-051. 2. That the Owner shall complete the work, identified in Condition No. 1 above, by June 30, 2026. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The purpose of this report isto review minor variances to allow for the development of an Additional Dwelling Unit (ADU) (Detached) to a property containingan existing Single Detached Dwelling with oneAdditional Dwelling Unit (Attached)(Duplex). The key finding of this report isthat the requested minor variances meet the 4 tests of the Planning Act. There are nofinancial 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 Committee of Adjustment meeting. Notice of the application is also mailedto all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. BACKGROUND: The subject property is locatedin the Laurentian West neighbourhood,north of Bleams Road and to the west of Fischer Hallman Road,outside the Central Neighbourhood Figure 1: Location Map Figure 2: Zoning Map Urban Structure and is -4)with Site-Specific Provision(280in Zoning By-law 2019-051. The purpose of this application is to review a proposal to facilitate theconstruction of an Additional Dwelling Unit (ADU)(Detached)in the rear yard of a property currently occupied by a Single Detached Dwelling with one(1)Additional Dwelling Unit (ADU)(Attached), (Duplex). The original house was built in 2002 as a Single Detached Dwelling with a double car garage. In 2024, a Building Permit was issued to convert the basement into an attached ADU. In 2025, the applicant submitted a new Building Permit Application, along with a Zoning Occupancy Certificate Application, to construct a detached ADU in the rear yard. During the Zoning Certificatereview, zoning deficiencies were identified, requiringa Minor Variance Application. The variances relate to the minimum required lot width and a site- specific rear yard setback requirementas follows: Lot width to be 8 metres instead of 10.5 metres; and; A rear yard setback of 11.6 metres for the principal dwelling and 0.9 metres to the Additional Dwelling Unit (ADU)(Detached) instead of 18.5 metres. Figure 3: Proposed Site Plan Figure 4: Front Image of the Subject Property Figure 5: An image showing the side of the Subject Property Development and Housing Approvals Staff visited the site on October 2, 2025. 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 emphasis on accommodating a full range of low density housing type which includes single detached dwellings, additional dwelling units, attached and detached. The City will encourage and support the mixing and integration of innovative and different forms of housing to achieve and maintain a low-rise built form. will permit a stand-alone additional dwelling unit (detached), as an ancillary use to single detached dwellings, semi-detach dwellings and street townhouse dwellings. The following criteria will be considered as the basis for permitting an additional dwelling unit (detached). a) the use is subordinate to the main dwelling on the lot; b) the use can be integrated into its surroundings with negligible visual impact to the streetscape; c) the use is compatible in design and scale with the built form on the lot and the surrounding residential neighbourhood in terms of massing, height and visual appearance; and, d) other requirements such as servicing, parking, access, stormwater management, tree preservation, landscaping and the provision of amenity The proposed variances will meet the general intent of the Official Plan. General Intent of the Zoning By-law The minimum lot width: The intent of the zoning regulation requiring a minimum lot width of 10.5 metres, outside of the Central Neighbourhood Area and farther from LRT stations, is to ensure that properties are sufficiently wide enough to accommodate essential site elements such as parking spaces (double wide driveways), landscaping, walkways, and side yard buffers. These elements help ensure the site can function appropriately. In this case, the subject property has a pie-shaped configuration, with the lot width increasing toward the rear, as shown in Figure 6. Despite the narrower frontage, the property provides adequate width to accommodate the required parking and walkway. There are three dwelling units on the property, and each unit requires one parking space, resulting in a total of three (3) required parking spaces. One space will be located inside the garage, which also includes the required bicycle parking, and two (2) parking spaces will be provided on the front driveway. The driveway must match the width of the garage and will be updated accordingly as a condition of approval. Due to the narrow front yard, vehicles parked on the driveway may slightly overlap onto the boulevard when reversing. Transportation staff reviewed the site and confirmed its functionality by analyzing vehicle turning movements, as illustrated in Figure 7. The site-specific provisions, rear yard setback: The intent of the required rear yard setback in Site-Specific Provision (280), which requires an 18.5-metre rear yard setback for residential properties, is to address the impact of the adjacent Regional Road (Bleams Road). As illustrated in the zoning grid map, the subject property is unique in that it does not share a direct lot line with the Regional Road; instead, it backs onto another residential property. This configuration helps mitigate the potential impacts typically associated with proximity to a Regional Road. Although both the existing main dwelling and the proposed detached dwelling are situated closer than 18 metres to the rear lot line, the Zoning By- Based on t variances will meet the general intent of the Zoning By-law. Figure 6: An Ariel Image of the Subject Property Figure 7: AutoTURN plan for Required Parking Spaces Figure 8: Zoning By-law Index 5200 Is/Are the Effects of the Variance(s) Minor? The requested lot width variance is considered minor due to the pie-shaped configuration of the property, which allows for a wider lot dimension along its depth. Despite the reduced frontage, the lot exceeds the minimum required lot area, ensuring that theoverall functionalityis not compromised. The rear yard setback requirement under Site-Specific Provision(280)is intended to mitigate the impact of proximity to a Regional Road. However, the subject property does not directly abut the Regional Road; instead, it backs onto another residential property, which provides a natural buffer. Both the existing dwelling and the proposed Detached AdditionalDwelling Unit (ADU) comply with the standard rear yard setback for their zone. Therefore, the effects of the variances can beconsidered minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the proposed variances are desirable and appropriate as they will facilitate a form of gentle intensification of the subject property with the development of an additional dwelling in the rear yard that is compatible with the neighbourhood and will make use of existing infrastructure. Environmental Planning Comments: No natural heritage features/functions. No treesor Tree ManagementPolicy compliance issues. Heritage Planning Comments: No Heritage comments or concerns BuildingDivisionComments: The Building Division has no objections to the proposed variance. ABuilding Permit Application has been made for the Detached ADU. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. Transportation Planning Comments: Transportation Services have no concerns with this application. The Region Waterloo 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 dvance 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 ailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property , however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Planning Statement (PPS 2024) Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 Septmeber 29th, 2025 Connie Owen City of KitchenerFile No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 – 076 – Sydney Street South – No Concerns 2) A 2025 – 101 – 199 Breithaupt Street – No Concerns 3) A 2025 – 102 – 282 Tremaine Cresent – No Concerns 4) A 2025 – 103 – 129 Saint George Street – No Concerns 5) A 2025 – 104 – 23 Donnenwerth Drive – No Concerns 6) A 2025 – 105 – 1010 Copper Leaf Cresent – No Concerns 7) A 2025 – 106 – 43 Maurice Street – No Concerns 8) A 2025 – 107 – 904 Isaiah Place – No Concerns 9) A 2025 – 108 – 32 & 42 Windom Road – No Concerns 10) A 2025 – 109 – 29 Ednad Street – No Concerns 11) A 2025 – 110 – 600 Queen Street South – No Concerns 12) A 2025 – 111 – 396 Southill Drive – No Concerns 13) A 2025 – 112 – 54 Mount Hope & 509 Park Street – 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. Document Number: 5085291 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 October 3, 2025 via email 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 October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street 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 haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority