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Home My WebLink AboutDSD-18-025 - A 2018-045 - 46 Paige StStaff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 227 1 KNER www.ki tch en er. c a Committee of Adjustment May 15, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Siobhan Kelly, Student Planner— 519-741-2200 ext.7074 Ward 1 May 7, 2018 DSD -18-025 A2018-045 — 46 Paige Street Applicant — Cristian Tosa Approve Subject Lands Location Map: 46 Paige Street RECOMMENDATION That Application A2018-044 requesting relief from Section 38.1 of By-law 85-1 to legalize a building height of 11.5 metres whereas the Zoning By-law permits a maximum height of 10.5 metres, be approved. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 46 Paige Street is designated Low Rise Residential in the Official Plan (2014) and is zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The property currently contains a newly built two storey, single detached dwelling. The applicant is requesting relief from Section 38.1 of the Zoning By-law to legalize a building height of 11.5 metres whereas the Zoning By-law permits a maximum building height of 10.5 metres. City Planning staff conducted a site inspection of the property on April 25, 2018. 46 Paige Street In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and the 1994 Official Plan. The 2014 Official Plan designation is in effect however, a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore, are not being relied upon for this report. Instead, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. The proposed variance meets the intent of the designation which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance meets the general intent of the Official Plan designation and it is the opinion of staff that the requested variance is appropriate. 2. The applicant has requested a variance to legalize a building height of 11.5 metres whereas the Zoning By-law permits a maximum building height of 10.5 metres. The intent of the 10.5 metre height limit is to ensure that development in residential zones is low density. The purpose of the R-4 zone is to accommodate a range of low density dwelling types. It is the opinion of staff that a 1.0 metre increase in building height continues to meet the general intent of the Zoning By- law, which is to ensure low density development within residential zones. 3. The variance can be considered minor as the increase in building height does not present any significant impacts to the adjacent properties or the overall neighbourhood. The purpose of the variance is to legalize the recently built two storey dwelling. During construction, a pitched capped roof was incorporated, adding one metre of additional height to the building. The impact of this addition is negligible considering the scale and massing of the adjacent properties. 4. The proposed variance is appropriate for the development and use of the land as the residential use is a permitted use in the R-4 zone and as the dwelling continues to reflect the scale, massing, and height of the adjacent properties. As such, it is the opinion of staff that the proposed variance will not negatively impact the subject property or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved Building Comments: The Building Division has no objections to the proposed variance. A building permit has been issued for the new single detached dwelling. Please contact the Building Division @ 519-741-2433 for revision requirements. IF variance is not obtained, the roof must be constructed with the original pitch. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: Engineering Services have no concerns with the proposed application. Operations Comments: Operations have no concerns with the proposed application. Environmental Planning Comments: No environmental planning concerns. Heritage Planning Comments: No concerns with the proposed application. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority.