HomeMy WebLinkAboutDSD-2025-455 - A 2025-116 - 60 Sandsprings CresStaff Report
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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: Jade McGowan, Student Planner, 519-707-4759
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: November 5, 2025
REPORT NO.: DSD -2025-455
SUBJECT: Minor Variance Application A2025-116 — 60 Sandsprings Cres.
RECOMMENDATION:
That Minor Variance Application A2025-116 for 60 Sandsprings Crescent requesting
relief from Section 7.3, Table 7-1, of Zoning By-law 2019-051, to permit an interior
side yard setback of 0.9 metres instead of the minimum required 1.2 metres, to
recognize the construction of a roof, attached to the existing dwelling, over an
existing rear deck, generally in accordance with drawings submitted with Minor
Variance Application A2025-116, BE APPROVED, subject to the following condition:
1. That the Owner make an application for Building Permit. The application for
Building Permit shall address and ensure that drainage from the existing
dwelling and the deck structure on the subject property will not adversely
impact 56 Sandsprings Crescent.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application to recognize the
addition of a covered roof over an existing deck at 60 Sandsprings Crescent.
• The key finding of this report is that the 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.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 55 of 67
BACKGROUND:
The subject property is located on the north side of Sandsprings Crescent, between
Devonglen Drive and Southwood Drive, in the Country Hills Planning Community. The
property contains a detached dwelling with an attached rear deck.
Figure 1: Location Map (Subject property outlined in Red)
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 Two Zone (RES -2)' in Zoning By-law 2019-
051.
The purpose of the application is to request relief to legalize the construction of a roof
structure attached to an existing detached dwelling over a rear deck. A minor variance is
required to allow an interior side yard setback of 0.9 metres where 1.2 metres is required.
A site visit was completed by Staff on October 31 st, 2025.
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15,24
Parcel Address M SANDS PRINGSCRES
PoGtAL Code NLIE: 2A,5
RaIL Number Label 040 047 32100
Poll 20
Legit Descri Rti o n PLAN 2375 LOT 40S
1.25
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R.D:jd: Sandsprings Cres
Figure 2: Proposed Site Plan
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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 intent of the Low Rise Residential land use designation is to accommodate a full
range of low density housing types. The roof structure addition over an existing rear deck
is a natural extension of the existing detached dwelling that will provide shade over the
amenity area. Therefore, Planning Staff are of the opinion that the requested variance
maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the interior side yard setback regulation is to ensure an adequate setback
and privacy from neighbouring properties, maintain adequate access to the rear yard and
to accommodate for fire separation. The roof structure covers an existing amenity area
and will be located 0.9 metres rather than 1.2 metres and does not impede access to the
rear yard. Additionally, the covered deck is unenclosed, non -habitable, and does not
compromise access for emergency services. The covered deck will provide another type
of passive outdoor amenity space. Therefore, Planning Staff are of the opinion that the
requested variance maintains the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The roof structure addition will be in the location of an existing deck which is setback 0.9
metres from the side lot line. Staff do not anticipate that the reduced interior side yard
setback, of 0.3 metres, will create privacy concerns for neighbors or restrict rear yard
access, given the roof structure is unenclosed. Any potential drainage issues should be
addressed through the Building Permit process to prevent negative impacts on adjacent
properties. Therefore, Planning Staff are of the opinion that the effects of the requested
variance are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The covered deck will enhance the useable amenity space for the rear yard by providing a
sheltered area for passive recreation. Additionally, the applicant has stated that there is
currently a problem area under the existing deck where rain and snow is accumulating,
causing basement leaks. The roof structure will serve a practical purpose by improving
drainage conditions, allowing rain and snow to drain away from the foundation of the
detached dwelling towards the rear. As mentioned, the applicant shall ensure that there
are no negative drainage impacts on neighbouring properties through the Building Permit
Process. Therefore, Planning Staff are of the opinion that the requested variance is
desirable for the appropriate development and use of the land.
Environmental Planning Comments:
No comments or concerns.
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Heritage Planning Comments:
No comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the roof over the existing patio is obtained prior to construction. Please contact the
Building Division at building(a)kitchener.ca with any questions.
Engineering Division Comments:
No Concerns.
Parks Planning Comments:
No concerns, no requirements.
Transportation Planning Comments:
No comments.
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 — 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
Attachment A — Public Comment
Page 60 of 67
From; mike spina€he �c M>
Sent; Saturday, November 8, 2025 10;02 AM
To Committee of Adjustment (SM)-cCammitteeafAdjustment@kitehener_ca}
Subject: objcaion— Minor Variance A2025.116 0 Sandsprings Crescent)— 0pprsition to Hcdmud Side Yard Setback
I
Dear Committee of Adjustment Members,
am the homeowner at directly adjacent to
4 Sandspriings Crescent, and I am writing to formally oppose Minor
Variance A2025-116, which seeks to reduce the required interior
side -yard setback from 1.2 metres to 0.9 metres.
The purpose of the side -yard setback, as defined in Section 4.3.1 of
the City of Kitchener Zoning By-law 2019-661, is to ensure adequate
light, air, privacy, drainage, and fire separation between dwellings.
Reducing this requirement by 25 percent undermines these intended
protections and conflicts with the general intent of the by-law. Section
4.2.2 also requires accessory structures to comply with m[nimum yard
requirements, reinforcing the principle that side -yard spacing cannot
be compromised without causing measurable impact on adjacent
properties.
Further, the Ontario Building Code (013C) under Article 9.10.15,4 and
91015.5 sets minimum limiting distances to property lines for fire
protection. When a building face or structure is located less than 1.
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metres from a property line, unprotected openings such as windows
and eaves are restricted and construction must meet specific non-
combustible or fire -rated material requirements. Any structure placed
at 0.9 metres violates these fire separation standards unless it has
been engineered acoordingly, which does not appear to be the case.
The neighbouring property owner constructed the roof structure over
their deck without first obtaining the necessary approval or permit
from the City. Since this work was completed, drainage along the
shared property line has leen inadequate. During rainfall, their eaves
overflow directly onto my property and have caused water to enter
through my basement windows. This not only violates the intent of
Section 4.14 of the Zoning By-law regarding proper drainage control
but also presents an ongoing property damage risk.
It is my understanding that the neighbour constructed this roof
structure to address pre-existing foundation issues that caused water
leakage into their own basement. In doing so, they attempted to patch
a private problem wi#hout approval or consideration for neighbouring
properties_ This approach not only disregards theCity's permit
process but also perpetuates the original issue. Continued neglect of
the foundation problem will likely create additional drainage and
structural complications over tirne, compounding the negative effects
on adjacent homes.
There have also been Sy -law complaints in the past related to open
flames on this same deck. With the structure positioned so clause to
the property line, any use of barbecues -or heaters now directs smoke
and heat toward my windows. When my windows are open, smoke
and odour infiltrate my home, creating a safety and health concern
while also diminishing comfort and enjoyment of my property.
The required 1.2 metre setback is both reasonable and intentional. It
reflects the Ontario Building Code's requirements for fire separation
and the City's planning principles for compatible and safe
neighbourhood development. Approving this variance would reward
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construction that did not follow the proper process, set a negative
precedent for future compliance, and disregard the City's own key -law
standards that are in place to protect residents.
For these reasons, I respectfully request that the Committee of
Adjustment deny Minor Variance A2025-116 in its entirety_ The
reduction is not minor, does not meet the intent of the Zoning By-law
or the Ontario Building Code, and directly impacts light, safety,
drainage: and comfort for adjacent homeowners.
Thank you for considering my submission and taking the courtesy to
reach out to me regarding this variance proposal. Please confirm
receipt of this correspondence and that it will be circulated to the
Committee,
Sincerely,
Mihai Spinache
Owner
Phone:
Email:
Page 63 of 67
Region of Waterloo
October 24, 2025
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
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
File No.: D20-20/VAR KIT
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
Document Number: 5108306 Version: 1
Page 64 of 67
October 30, 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 — November 18, 2025
Applications for Minor Variance
A 2025-113
25 Eby Street South
A 2025-114
21 Sherwood Avenue
A 2025-115
475-477 Lancaster Street West
A 2025-116
60 Sandsprings Crescent
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 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 aherreman(a-)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 65 of 67
From: Jenna Auger
To: Committee of Adiustment (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.ona
Good morning,
Thankyou 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 I Toronto I Ontario I M5J 2W3
loll ETI+ LI X
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (IPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: October 23, 2025 12:42 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.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.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
Fiable, ou clue vous ayez I'assurance clue Ie contenu provient d'une source sure.
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.
Page 66 of 67
Please note: If you have comments, your written report must be sent to CofA(cDkitchener.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 I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaC(:bl<itchener.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.
Page 67 of 67