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HomeMy WebLinkAboutDSD-2025-452 - A 2025-114 - 21 Sherwood Avenue Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 18, 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: October 31, 2025 REPORT NO.: DSD-2025-452 SUBJECT: Minor Variance Application A2025-114 21 Sherwood Avenue RECOMMENDATION: That Minor Variance Application A2025-114 for 21 Sherwood Avenue requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a front yard setback of 5.3 metres instead of the minimum required 6.3 metres, to facilitate the construction of a mud room addition at the front of the existing detached dwelling, generally in accordance with drawings prepared by Igor Polevychok, dated September 17, 2025, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a Minor Variance Application requesting a front yard setback of 5.3 metres rather than the minimum required setback of 6.3 metres. The key finding of this report is that all four tests of the Planning Act have been met. 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 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. BACKGROUND: The subject property is located on the western side of Sherwood Avenue, which is predominantlycomprised of low rise detached dwellings. Figure 1: Aerial view of the Subject Property. Community Areas Urban Structure and is Low Rise Residential Low Rise Residential Two Zone (RES-2-law 2019- 051. The purpose of the application is to review a request for relief from Section 7.3, Table 7-2, to permit a 5.3 metre front yard setback instead of the minimum required 6.3 metres setback required by Zoning By-law 2019-051 to facilitate the construction of a mud room addition. Figure 2: Site Plan of the Subject Property showing the location of the proposed mud room addition. Figure 3: North Elevation of the Subject Property. Figure 4: West Elevation of the Subject Property. Figure 5: Top view of the proposed addition. Figure 6: Site photo of 21 Sherwood Avenue. Figure 7: Left side view of the proposed addition location, showing the neighbouring pro Figure 8: Right ride view of the proposed addition location. 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 front yard mud room addition is a natural extension of the living space. Planning Staff is of the opinion that the proposed minor variance to facilitate a mud room addition in the front yard meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the minimum front yard setback is to ensure adequate separation between a dwelling and the street line to address noise, pollution, safety and privacy considerations. The regulation also ensures an ample amount of front yard amenity space, facilitation of greater stormwater management, and promotes uniformity of built form along the street and within the neighbourhood. For properties within an Appendix D Neighbourhood, the front yard setback is determined by the established front yard defined as the average front yard setback of the closest abutting properties minus one metre. Theaverage setbackof the abutting propertieswas determined to be 7.3 metres, requiring a minimum 6.3 metre front yard setback for the building on the subject property. Planning Staff are of the opinion that a reduction to 5.3 metres would remain compatible with the built form along the street and within the neighbourhood, as supported by the abutting property,15 Sherwood Avenue, which has a similar front yard projection as seen in Figure 7. The reduced front yard setback will continue to provide an adequate amount of front yard space for amenities and stormwater management, while maintaining sufficient separation from the street line to avoid adverse impacts related to noise, pollution, safety or privacy factors. Is/Are the Effects of the Variance(s) Minor? The effects of the requested front yard setback variance are considered minor as the abutting property at 15 Sherwood Avenue features a similar projection into the front yard. The proposed addition would not be visually prominent or out of character with the surrounding neighbourhood. Planning staff are therefore of the opinion that the effects of the requested variance will be minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? T space and is compatible with the streetscape setbacks and neighbourhood built form. Planning Staff have the opinion that the proposed variance is desirable for the appropriate development of the dwelling on the subject property in the context of the streetscape. Environmental Planning Comments: No natural heritage or tree management policy concerns. 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 addition to the existing detached dwelling. 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 Sherwood Avenue. 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 Protection and Enhancement 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. 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. 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 October 24, 2025 File No.: D20-20/VAR KIT Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting November 18, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 113 25 Eby Street S No Concerns 2) A 2025 114 21 Sherwood Avenue No Concerns 3) A 2025 115 475-477 Lancaster Street West No Concerns 4) A 2025 116 60 Sandsprings Crescent 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. 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, Tanikia Kinear, C.E.T. Senior Transportation Planner (519) 897-5691 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЎЊЉБЌЉЏ ĻƩƭźƚƓʹ Њ October 30, 2025via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting November 18, 2025 Applications for Minor Variance A 2025-11325 Eby Street South A 2025-11421 Sherwood Avenue A 2025-115475-477 Lancaster Street West A 2025-11660 Sandsprings Crescent Grand River Conservation Authority (GRCA) staff havereviewed 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 arenot subject to Ontario Regulation 41/24and,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 From:Jenna Auger To:Committee of Adjustment (SM) Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review - November 18, 2025 Meeting Date:Tuesday, October 28, 2025 10:33:38 AM Attachments:image001.png Good morning, Thank you for circulating the following agenda. Upon review, it is noted that no applications fall within Metrolinx review zones. As such, Metrolinx issues no comments or concerns for this agenda. Best Regards, Jenna Auger (She/Her) Project Analyst, Adjacent Construction Review (ACR) Development & Real Estate Management T: (416)-881-0579 20 Bay Street | Toronto | Ontario | M5J 2W3 **Adjacent Construction Review (ACR) was formerly Third-Party Projects Review (TPPR)** From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: October 23, 2025 12:42 PM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Subject: ACTION REQUIRED - Committee of Adjustment Application Review - November 18, 2025 Meeting EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe. EXPÉDITEUR EXTERNE: Ne cliquez sur aucun lien et n’ouvrez aucune pièce jointe à moins qu’ils ne proviennent d’un expéditeur fiable, ou que vous ayez l'assurance que le contenu provient d'une source sûre. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, November 18, 2025, have been loaded and circulated through ShareFile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must be sent to CofA@kitchener.ca no later than 12 noon on Monday, November 3, 2025. If you have no comments for the Committee's consideration, you do not need to respond. Connie Owen Administrative Clerk | Legislated Services | City of Kitchener 519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.ca This e-mail is intended only for the person or entity to which it is addressed. If you received this in error, please contact the sender and delete all copies of the e-mail together with any attachments.