HomeMy WebLinkAboutDSD-2025-414 - A 2025-102 - 282 Tremaine Crescent
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: Maitland Graham, Student Planner, 519-783-7879
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: October 1, 2025
REPORT NO.: DSD-2025-414
SUBJECT: Minor Variance Application A2025-102 282 Tremaine Cres.
RECOMMENDATION:
That Minor Variance Application A2025-102 for 282 Tremaine Crescent requesting
relief from Section 4.14.4 b) iii) b) of Zoning By-law 2019-051, to permit an interior
side yard setback of 0.6 metres as recommended by Planning Staff, rather than the
0.4 metres as requested by the applicant, instead of the minimum required 1.2
metres to facilitate the construction of a rear yard covered deck onto the existing
detached dwelling, generally in accordance with drawings prepared by Country
Lane Builders, dated August 27, 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 0.4 metres instead of the required 1.2 metres to
facilitate the construction of a rear yard covered deck onto the existing detached
dwelling.
The key finding of this report is that a minor variance of 0.6 metres 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 and this report was
Adjustment meeting. Notice of the application is also mailed to 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.
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BACKGROUND:
The subject property is located on the east side of Tremaine Crescent in the Grand River
South neighbourhood, which is predominantly comprised of low rise detached dwellings.
Figure 1: Aerial Photo of the Subject Property
Community AreasMap 2 Urban Structure and is
Low Rise Residential
Low Rise Residential Three Zone (RES-3-law 2019-
051.
The purpose of this report is to review a request for relief from Section 4.14.4 b) iii) b) to
permit an interior side yard setback of 0.4 metres instead of the minimum required 1.2
metre setback as per Zoning By-law 2019-051. Planning Staff are recommending a 0.6
metre setback, rather than the 0.4 metres requested by the applicant, to accommodate the
setback regulation for architectural features found in Section 4.14.1, as eavestroughs may
be required for the proposed structure to facilitate stormwater management. The 0.6 metre
revision is suggested as a precaution as eavestroughs for the structure are not identified in
, avoiding the need for a further minor variance application, if
eavestroughs are provided. Approval of a variance of 0.6 metres will allow for the
development of a rear yard covered deck and eavestroughs.
Figure 2: Site Plan of the Subject Property showing the location of the proposed
covered deck.
Figure 3: Detailed Plan showing the location of the proposed covered deck.
Figure 4: Elevations of the proposed covered deck.
Figure 5: Site Photo of 282 Tremaine Crescent.
Figure 6: Left interior side yard where the proposed covered deck will situate.
Figure 7: Right interior side yard, not subject to the requested variance.
Figure 8: Location of the proposed covered deck in the rear yard.
Figure 9: Existing eavestrough location terminating underground to a French drain
located in the left interior side yard.
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
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 a rear yard covered deck is a
natural extension of the living space. Planning Staff is of the opinion that the proposed
minor variance to facilitate a rear yard covered deck meets the general intent of the Official
Plan.
General Intent of the Zoning By-law
The purpose of the minimum interior side yard setback is to ensure that an adequate
distance is maintained between buildings or additions and the interior side property line to
provide access to the rear yard, to provide privacy to abutting neighbours, to
accommodate for fire separation, and to accommodate an appropriate amount of amenity
space for the residents of the dwelling.
Zoning By-law 2019-051 permits architectural features, i.e. eavestroughs, to project into
any required yard to a maximum of 0.6 metres. With a 0.4 metre setback, there is the
potential for eavestroughs to encroach onto the neighbouring property. A setback of 0.6
metres for a rear covered deck will maintain the intent of this section of the Zoning By-law.
4.14 PERMITTED PROJECTIONS INTO REQUIRED YARDS
4.14.1 Architectural Features
Architectural features may project into any required yard to a maximum of 0.6
metres.
Planning Staff is of the opinion that the proposed 0.6 metre setback of the proposed
covered deck meets the intent of the interior side yard setback regulation as:
There is still an adequate amount of space provided along both interior side yards,
with the right interior side yard, not subject to the requested variance, providing the
primary access to the rear yard.
The 0.6 metre setback for the covered deck is not anticipated to cause privacy
concerns as there is a proposed 8-foot privacy screen in between the structural posts
of the covered deck on the side closest to the abutting the neighbouring property.
The requested 0.6 metres aligns with the setback regulation for a detached accessory
structure. Although this covered deck is attached and is required to follow the setback
regulations of the principal dwelling, the function, scale, and construction
characteristics are comparable to those of a detached accessory structure.
Additionally, the covered deck is unenclosed, non-habitable, and does not
compromise access for emergency services. Therefore, implications of fire separation
are minimal and not anticipated to be of concern to adjacent properties.
The covered deck will provide another type of passive outdoor amenity space.
Accordingly, the reduced setback for the covered deck will maintain the general intent of
the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Planning Staff are of the opinion that the requested variance of 0.6 metres to permit a rear
covered deck is minor as there is limited impact to adjacent properties, the access through
the right interior side yard maintains functional access and the requested variance still
provides adequate use of the left interior side yard, the requested variance is comparable
with the detached accessory structure setback requirements and the proposed structure
follows a similar built form, and there are no further impacts to drainage, grading, or
landscaping for the proposed structure.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance requested is desirable and appropriate for the use of the land as it will
facilitate the construction of a functional and attractive outdoor amenity space for the
residents of the dwelling. The covered deck will enhance the useable amenity space for
the rear yard by providing a sheltered area for passive recreation and social gathering.
Additionally, the structure will serve a practical purpose by providing a visual buffer for the
storage of the pool equipment that current exists in the proposed location, thereby
improving the overall aesthetics of the property and minimizing the visual impact on
adjacent neighbouring properties.
Environmental Planning Comments:
No natural heritage features/functions, 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 provided a building permit
for the covered deck is obtained prior to construction. Please contact the Building Division at
building@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 Tremaine Cres. The
tree could be impacted by proposed construction activities. 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. Tree
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.
Grand River Conservation Area (GRCA) Comments:
GRCA has no objection to the approval of the above 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, permission from GRCA is not required.
Region of 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
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
Planning Division. Notice of the application is also 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