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HomeMy WebLinkAboutAdjustment - 2011-10-18COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 18, 2011 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head and A. Lise OFFICIALS PRESENT: Ms. J. von Westerholt, Senior Planner, Mr. J. Lewis, Traffic & Parking Analyst, Mr. D. Seller, Traffic Technologist, T. Rau, Legal Services Administrator, Ms. D. Gilchrist, Secretary-Treasurer, Ms. D. Saunderson, Administrative Clerk and Ms. L. Garovat, Administrative Clerk Mr. A. Head, Vice Chair, called this meeting to order at 10:00 a.m. MINUTES Moved by Mr. D. Cybalski Seconded by Mr. A. Lise That the minutes of the regular meeting of the Committee of Adjustment, of September 20, 2011, as mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE Submission No.: A 2011-044 Applicant: Emilian Burca Property Location: 487 East Avenue Legal Description: Lot 19 & 20, Plan 655, being Part 1, Reference Plan 58R-16790 Appearances: In Support: E. Burca B. McCulloch Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a five unit townhouse and three story duplex on an irregular shaped lot having a lot width of 9.6m (31.50`) rather than the required 15.Om (49.21`); a rear yard setback on the five unit townhouse of 2.5m (8.2`) rather than the required 7.5m (24.61`); a floor space ratio of 0.635 rather than the permitted 0.6; permission for parking spaces and aisles to be located 0.185m (0.61') from the street line along Weber Street East and East Avenue rather than the required 3m (9.84'); and, a side yard setback along Weber Street East and East Avenue for the three story duplex of 2.6m (8.53`) rather than the permitted 3m (9.84' ). The Committee considered the report of the Planning Division, dated October 4, 2011, indicating that this application was originally received for the July 2011 meeting. At that time the application was deferred to allow the project to proceed through Site Plan Review Committee. As a result of the more detailed site plan review a number of changes were made to the site plan resulting in the elimination of the parking reductions COMMITTEE OF ADJUSTMENT 263 OCTOBER 18, 2011 Submission No. A 2011-044 (Cont'd (as originally sought), and the addition of variance to reduce the setback from a lot line abutting a street. As such the applicant is now requesting minor variances as follows: 1. To permit a rear yard setback of 2.5 metes rather than 7.5 metres. 2. To permit a lot width of 9.0 metes rather than 15.0 metres. 3. To permit a setback of 2.6 metres for a lot line abutting a street rather than 4.5 metres. 4. To permit a floor space ratio of 0.635 rather than 0.6. 5. To permit parking spaces to be located 0.185 metres from a street line rather than 3.0 metres. The subject land is located at the intersection of Weber Street East and East Avenue and has a unique and irregular triangular shape, which is challenging to develop and design within the regulations of the City's Zoning By-Law. Historically, the lands contained a gas station and a Record of Site Condition has been issued permitting the proposed residential use. The surrounding lands consist of a range of commercial uses and low rise residential uses including single detached dwellings and low-rise apartment buildings. Over the past several months City staff has worked with the applicant to develop a site layout which will work on the subject lands, appropriately address the two street frontages and the intersection, and which will accommodate required parking. In order to facilitate the development of the lands a number of variances are required. 1. Rear Yard Setback of 2.5 metres rather than 7.5 metres The subject land is designated Low Rise Residential. The designation accommodates a full range of housing types and favours the mixing and integration of different forms of housing. Staff is of the opinion that the rear yard variance maintains the intent of the Official Plan. The subject land is zoned Residential Six Zone (R-6). The proposed use is permitted. The zoning regulations require a rear yard setback of 7.5 metres. The rear yard on the subject lands has been determined to be the lot line farthest away from the intersection of East Ave and Weber Street. However, when looking at the site from either East Ave or Weber Street, this lot line appears to function as an internal side yard. The minimum requirement for a side yard setback is 2.5 metres. Therefore, staff is of the opinion that the requested variance meets the intent of the Zoning By-Law. Staff is of the opinion that the proposed variance is minor and is appropriate for the development and use of the lands. The buildings on the site have been designed to address all street frontages. Therefore, the side elevations of the townhouses will be designed to look like fronts of buildings, having a height of 2.5 stories (similar to a typical house). The rear yard will appear as a side yard, and the setback will be consistent with other side yards in the surrounding area. Each townhouse unit will have a small rear yard outdoor area, as well as a secondary outdoor space located at the front of each unit. Required setbacks for patios, stairs etc. will comply with Zoning By- Law regulations. 2. Lot width of 9.6 metes rather than 15.0 metres The subject land is designated Low Rise Residential. The designation accommodates a full range of housing types and favours the mixing and integration of different forms of housing. Staff are of the opinion that the variance to the lot width maintains the intent of the Official Plan. The R-6 Zoning regulations require a minimum lot width of 15.0 metres. Staff has deemed the shortest portion of the lot line abutting East Avenue (near where it meets Weber Street East) as the front lot line. Therefore, the lot width is measured at 6.0 metres from the front lot line and is 9.6 metres wide at this point. The intent of a 15.0 metre lot width is to ensure sufficient frontage on a street to allow a building and a COMMITTEE OF ADJUSTMENT 264 OCTOBER 18, 2011 Submission No. A 2011-044 (Cont'd driveway. The subject lands have frontage on three sides, and access is gained from the East Avenue side yard. As such, staff is of the opinion that the intent of the By-Law is maintained, as the subject parcel has sufficient frontage for the proposed uses. This is an existing triangular parcel with frontage on three sides. Therefore, staff is of the opinion that the variance is minor and appropriate for the development and use of the subject lands. 3. Setback of 2.6 metres for a lot line abutting a street rather than 4.5 metres Staff has reviewed the requested variance and notes that while the applicant has identified a setback of 2.6 metres to Weber Street East as the smallest setback, the variance in this location is not required. Under the Zoning By-Law, provision 5.9 states: "If the acquisition of land, by registration on title on or after February 11, 1985, to widen a street or to provide a corner visibility triangle results in non-compliance with regulations existing on the date of acquisition and respecting lot area, floor space ratio, lot width or yards, a building or use shall be deemed to comply with such regulations only in the circumstances which follows... where a building or use is proposed to be developed by the same owner who conveyed the land for street widening." The current owner dedicated a 3.0 metre widening to the Region of Waterloo in advance of the site plan application. Therefore, as a result of this regulation, staff has determined that the side yard abutting Weber Street East is to be measured at 5.665 metres rather than 2.665 metres and therefore complies with the regulations. However, the next smallest yard abuts East Avenue and is 3.248 metres. Therefore, the variance to be considered is to reduce the yard abutting a street to 3.248 metres rather than 4.5 metres. This regulation is also applied to the requested increase to the floor space ratio discussed as #4 below. With respect to variance #2, while regulation 5.9 includes lot width, the width of the lands including the 3.0 metre widening only achieves 12.6 metres, and therefore a variance is required. 3 (revised). Setback of 3.248 metres for a lot line abutting a street rather than 4.5 metres In the previous version of this application, the owner requested a reduction to the required number of parking spaces from 8 to 7. This raised serious concerns from Transportation Planning staff as on-street parking in this neighbourhood is restricted. As such, staff worked with the applicant to increase the number of parking stalls on-site from 7 to 9 (plus a dedicated loading space and 5 stalls inside the townhouse garages). In order to accommodate the minimum depth of parking stalls and the width of the aisle, the duplex dwelling was shifted towards the intersection of East Avenue and Weber Street East. A 6.0 metre long portion of the building is located within the required setback to East Avenue. The subject land is designated Low Rise Residential. The designation accommodates a full range of housing types and favours the mixing and integration of different forms of housing. Staff is of the opinion that the variance to the lot line abutting a street maintains the intent of the Official Plan. The R-6 Zoning requires a minimum setback of 4.5 metres to a lot line abutting a street. The purpose of this regulation is to ensure appropriate setbacks to the street from residential properties. The minimum setback proposed to East Avenue is 3.248 metres, and is limited to the duplex dwelling for a short distance along East Avenue. East Avenue has a very wide boulevard of about 6.0 metres which will significantly add to the distance between the building and the street. This may be compared to the Weber Street East Boulevard which is only about 3 metres wide (before the widening). Therefore, the building is actually setback slightly further from East Avenue than it is from Weber Street (although both setbacks are similar being about 9.5 and 8.5 metres COMMITTEE OF ADJUSTMENT 265 OCTOBER 18, 2011 Submission No. A 2011-044 (Cont'd respectively). Staff is of the opinion that the proposed reduction maintains an appropriate setback to the street and therefore the intent of the By-Law is maintained. Staff is of the opinion that the proposed reduction is minor and is appropriate for the development and the use of the lands. The subject lands have a very unique orientation, and staff have required a design which addresses all frontages, including the challenging narrow frontage near Weber Street and East Ave, and which locates sufficient parking to the centre of the site so that it is screened somewhat by buildings. The proposed reduction accommodates the proposed design features. Furthermore, there will be intensive landscape features between the street and the subject building which will help to soften the streetscape, and will create an attractive terminating vista. 4. To permit a floor space ratio of 0.635 rather than 0.6 The subject lands are designated Low Rise Residential. The designation accommodates a full range of housing types and favours the mixing and integration of different forms of housing. The Official Plan limits the maximum floor space ratio (FSR) in low rise residential areas to 0.6. The intent of this regulation is to achieve an overall low intensity of use. Staff is of the opinion that an increase of 0.035 over the density in the Official Plan still meets the intent of the policy. To the naked eye this increase will be negligible. The R-6 Zoning also limits the maximum FSR for multiple dwellings to a maximum of 0.6. Similarly to the Official Plan, the intent of this regulation is to preserve a low density type of development. This proposal consists of a duplex and townhouses. These dwelling types are permitted and are considered to be low density forms of housing. The owner has attempted to limit the FSR to the greatest degree possible through the design of the site, the grading and minimizing the size of the units. Staff is of the opinion that further reductions could probably be achieved in order to bring the site into compliance with By-Law regulations, however the design of the buildings and elevations are considered appropriate for these lands. Furthermore, staff is of the opinion that an increase of 0.035 will not be noticeable. Staff is of the opinion that the increase in FSR is minor. An increase to the FSR of 0.035 will not be visibly noticeable. Staff is of the opinion that the increase in FSR is appropriate for the development and the use of the lands. Through the ongoing Official Plan review staff have identified that in order to meet density targets for infill sites such as this site, the current maximum FSR of 0.6 is not sufficient. Therefore, staff is recommending that this be increased to 0.75 in the revised Low Rise Residential policies. Furthermore, the subject lands are within a Rapid Transit Station Area and are targeted for more intensive infill development. These lands are also contemplated to be included in a future Mixed Use Corridor along Ottawa Street North and South which will help to encourage redevelopment and increase densities. As such, staff is of the opinion that the direction of the developer is in keeping with the direction of the anticipated redevelopment of this area. 5. To permit parking spaces and aisles to be located 0.185m from a street line rather than 3.Om Official Plan policy supports measures to enhance the pedestrian environment. Typically, this policy is implemented in part by requiring that parking and aisles be setback from the edge of properties in order to allow a 3.0 metre landscape buffer between parking and the street edge. As discussed previously, this site has a unique orientation and design constraints. In order to provide adequate parking spaces on site two spaces and the end of one aisle encroach into the required 3.0 metre setback. These areas of encroachment are along both Weber Street East and East Avenue. First, along Weber Street a 3.0 metre road widening was dedicated, however the Region has no immediate plans to make improvements to Weber Street. Therefore, the parking stalls and aisles are setback at least 3.0 metres from the former right-of-way. In COMMITTEE OF ADJUSTMENT 266 OCTOBER 18, 2011 Submission No. A 2011-044 (Cont'd addition, street tree plantings will be installed along Weber Street to improve the pedestrian experience and intensive landscaping will be installed within the triangular planting bed areas as shown on the site plan. These plantings will help to improve the pedestrian realm and will help to achieve a buffer between the parking stall, aisle and the sidewalk. Along East Avenue the loading space encroaches into the required 3.0 metre setback. Staff has requested that this space be finished with turf stone so that it does not appear as a normal parking stall. Furthermore, it is not intended to be used for parking on a regular basis, but is to be reserved for garbage pick-up and move-in parking. This area will not be fully curbed as a normal parking stall would be and will not have the same visual impact of a normal parking stall. Based on the foregoing, staff is of the opinion that the intent of the Official Plan and Zoning By-Law are maintained. Staff is also of the opinion that the variance is minor and appropriate for the development and use of the lands. Staff is satisfied that the distance separation provided by the road widening along Weber Street, together with the landscaping and street tree plantings will enhance the pedestrian realm, and the encroachment will be minor. Historically, the subject land was used as a gas station, and for the past years has been a vacant brownfield site. Today the gravel area extends to the sidewalk and redevelopment of this site will greatly improve the pedestrian realm over what exists today. Similarly, along East Avenue, the loading space will be treated with turfstone which allows for a green surface and will look more like a landscaped area. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2011, advising that they have no concerns with this application. Mr. B. McCulloch advised that the subject property was formerly a gas station, it is undeveloped at this time. He noted that a Record of Site Condition has been issued permitting the proposed residential use and they have been working with staff through the Site Plan Approval process to determine the most suitable design for the properties awkward shape. He stated that the design is relatively close to completion and the owner is satisfied with staff's recommendation. Mr. Lise advised that he is concerned with the reduction in the rear yard for the townhomes and whether the variance can actually be considered minor in nature. In response, Mr. McCulloch advised that a retaining wall along with a fence will be constructed to define the rear yard of the townhomes, if there is a concern for additional privacy, the owner could consider building the fence out of wood. He further advised that the residents of the townhomes will not be limited to the rear yards as outdoor space; they will have additional amenity space on patios in the front yard. In response to questions regarding the requirement for a loading zone, Mr. Lewis advised that it is required for safety purposes. The loading zone would provide a turnaround location on the property for larger vehicles like garbage trucks to enter and exit the property in a forward motion. Ms. von Westherholt advised that staff would like to amend their recommendation to include a second condition to include the requirement for acash-in-lieu contribution for park dedication in the amount of $25,530.00 based on 1 ha/300 units. Moved by Mr. D. Cybalski Seconded by Mr. A. Lise COMMITTEE OF ADJUSTMENT 267 OCTOBER 18, 2011 Submission No. A 2011-044 (Cont'd That the application of Emilian Burca, requesting permission to construct a five unit townhouse and three story duplex on an irregular shaped lot having a lot width of 9.6m (31.50`) rather than the required 15.Om (49.21`); a rear yard setback on the five unit townhouse of 2.5m (8.2`) rather than the required 7.5m (24.61`); a floor space ratio of 0.635 rather than the permitted 0.6; permission for parking spaces, loading dock and aisles to be located 0.185m (0.61') from the street line along Weber Street East and East Avenue rather than the required 3m (9.84'); and, a side yard setback along East Avenue for the three story duplex of 3.248m (10.66`) rather than the permitted 4.5m (14.76'), on Lot 19 & 20, Plan 655, being Part 1, Reference Plan 58R-16790, 487 East Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain final Site Plan Approval that is consistent with the plan provided in support of revised application A2011-044, to the satisfaction of the Supervisor of Site Development. 2. That the owner shall pay to the City of Kitchener acash-in-lieu contribution for park dedication in the amount of $25,530.00 based on 1 ha/300 units. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried 2. Submission No.: A 2011-058 Applicant: Hydro One Networks Inc. Property Location: Hydro Corridor abutting 1225 Courtland Avenue East Legal Description: Part Lot 7, Plan 757, Part Lot 8, Plan 1029 -and - Submission No.: A 2011-059 Applicant: Scherer Holdings Inc. Property Location: 1225 Courtland Avenue East Legal Description: Part Lot 7, Plan 757, Part Lot 9, Plan 1029, being Part 2, Reference Plan 58R-6530 Appearances: In Support: D. Kittel S. Scherer J. Gage Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission for the expansion of an existing car dealership on to the subject property having a northerly side yard setback of Om rather than the permitted 3m (9.84'); and, permission to provide a Om setback for parking along Courtland Avenue East rather than the permitted 3m (9.84' ). COMMITTEE OF ADJUSTMENT 268 OCTOBER 18, 2011 2. Submission No. A 2011-058 & A 2011-059 (Cont'dl Through application A 2011-059 the applicant is requesting permission for the expansion of an existing car dealership having a southerly side yard setback of Om rather than the permitted 3m (9.84'); and, permission to provide a Om setback for parking along Courtland Avenue East rather than the permitted 3m (9.84'). The Committee considered the report of the Planning Division, dated September 29, 2011, advising that the subject properties are located on Courtland Avenue near the intersection of Siebert Avenue and Courtland Avenue. Combined the properties have approximately 14,776 square metres in area and have a combined frontage of 245 metres on Courtland Avenue. The property without a municipal address which is subject to application A2011-058 is owned by the Hydro Electric Power Commission of Ontario (Hydro One). The property municipally addressed as 1225 Courtland Avenue is owned by Steve Scherer. Together the sites are currently used as a car dealership. There is one building on 1225 Courtland Avenue which was built in 1989. The surrounding area is comprised of a mix of uses. The adjacent properties along Courtland Avenue are used for commercial uses. Across Courtland Avenue there is a backlotted subdivision and a cluster of lowrise apartment buildings. The Canadian Pacific Railway runs adjacent to the properties along the westerly property limits. The subject property and adjacent properties along Courtland Avenue are designated Fairway Road Commercial Corridor in the Primary Node in the Official Plan and are zoned Commercial Campus Zone (C-8). The Hydro One lands have no special provisions, while the property addressed as 1225 Courtland Avenue is subject to special provisions 1R, 297R and 112U in the Zoning By-Law. The property owner of 1225 Courtland Avenue has submitted a Site Plan application to expand the existing building. The location of the proposed addition is within the lands owned by Hydro One. The building addition as proposed requires Committee of Adjustment approval to reduce the required side yard set back from 3.0 metres to 0.0 metres on both properties and to legalize the existing location of parking. The applicants have requested the following minor variances: 1. To provide a 0.0 metre side yard set back whereas a minimum side yard set back of 3.0 metres is required; and 2. To provide a 0.0 metre set back to parking spaces from a street line whereas a minimum 3.0 metre set back to parking spaces from a street line is required. Upon further review of the applications staff note that the request in application A2011- 058 to legalize the location of parking on the Hydro One lands is not necessary because a road widening is not being taken on that portion of the lands at this time. Therefore the location of parking on the Hydro One lands currently complies with the Zoning By-Law. 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 properties are designated Fairway Road Commercial Corridor subdistrict of the Primary Node in the Official Plan. This designation permits a broad range of commercial uses provided that the scale of retail uses and the location of vehicular access points minimize disruption to traffic flow on Fairway Road. The variances requested are to facilitate an appropriately scaled expansion of an established permitted use that does not propose to change vehicular access on to Courtland Avenue. As such, the requested variances are in keeping with the general intent of the Official Plan. The minimum side yard set back regulations of the Zoning By-Law are intended to ensure that new development is set back an appropriate distance from buildings on adjacent properties. Minimum set backs between buildings within the same site are not regulated in the Zoning By-Law so as to allow for expansions to existing buildings. Since the proposed building on the Hydro One lands is intended to function as an COMMITTEE OF ADJUSTMENT 269 OCTOBER 18, 2011 2. Submission No. A 2011-058 & A 2011-059 (Cont'dl extension of the building on the adjacent lands at 1225 Courtland Avenue, the general intent of the Zoning By-Law has been maintained. The minimum set back to parking spaces from a street line regulations of the Zoning By-Law are intended to ensure that sufficient area for landscaping is provided. The existing location of parking spaces on both properties currently satisfy the minimum 3.0 metres set back from the street line regulation. At the time of Site Plan approval for 1225 Courtland Avenue a road widening dedication will be required by the Region of Waterloo that will create a zoning deficiency. This widening will not be required on the Hydro One lands and therefore the request to legalize the existing location of parking on the Hydro One lands is not necessary. In reviewing this application the Region of Waterloo has advised that due to the design of the Rapid Transit service that is proposed in this location that the landscape strip may not necessarily be maintained in the Regional right of way. As such, staff recommend that the requested relief to 0.0 metre set back to parking spaces be amended to 2.0 metre setback to parking spaces to ensure a sufficient landscape strip is maintained. The requested side yard variances are minor because they are needed to permit a building addition and would have no impact on existing or future development on the subject lands. The requested set back to parking spaces from a street line variance is minor because it legalizes the existing location of parking spaces. The variances requested are appropriate for the development and use of the land because they would permit an addition to an existing permitted commercial use. The size of the building would be consistent with the scale of development in the surrounding area, be compatible with the commercial land uses in the area and be adequately separated from residential land uses on the other side of Courtland Avenue. Based on the foregoing, Planning staff recommends that application A2011-058 be amended to provide a 0.0 metre side yard set back whereas a minimum side yard set back of 3.0 metres is required and that application A2011-058 be approved as amended without conditions; and that application A2011-059 to provide a 0.0 metre side yard set back whereas a minimum side yard set back of 3.0 metres is required; and be amended to provide a 2.0 metre set back to parking spaces from a street line whereas a minimum 3.0 metre set back to parking spaces from a street line is required be approved as amended without conditions. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 14, 2011, advising that for application A 2011-058 Hydro Corridor abutting 1225 Courtland Avenue East, the Light Rail Transit (LRT) may potentially acquire the road widening for the Hydro Corridor portion of lands for the future LRT project. The Region has no concerns to the above application as this setback variance is not along the property line along Courtland Ave (RR #53). Regarding application A 2011-059, the Region advises that LRT is planned to be aligned along the south edge of Courtland Avenue at this location and may require some space for its unforeseen elements and/or road elements including safety buffer spaces. In case the future sidewalk is to be placed at the south most edge of the future property line, there is potential for the parked bumpers to encroach on the sidewalk. Therefore a zero set back cannot be allowed for this property frontage onto Courtland Avenue. A setback of 2.Om from the future property line after road widening as required for the site plan application is required & strongly recommended, as discussed with the City of Kitchener staff during various meetings with the Regional staff. The City staff should make this condition also tied to the Site Plan application for this development. The Committee considered the report of the Grand River Conservation Authority (GRCA) Resource Planner, dated October 13, 2011, advising that the GRCA is not in position to comment on the above noted minor variance applications at this time. They understand that this application is related to Site Plan Application SP11/076/C/LT, which is currently under review by their staff. They are prepared to address their interests in this project through the site plan application process. COMMITTEE OF ADJUSTMENT 270 OCTOBER 18, 2011 2. Submission No. A 2011-058 & A 2011-059 (Cont'dl Ms. von Westerholt stated that following discussions with the Region, staff have made a recommendation proposing amendments to the requested variances. Regarding application A 2011-058 staff are requesting that the variance be amended to omit the request to provide a Om set back from the street line for parking whereas a minimum 3m setback for parking is required; and, for application A 2011-059 staff would like to amend the request for the parking setback to be 2.Om from the street line along Courtland Avenue East rather than the request Om set back. Mr. D. Kittel advised that the applicants for both applications are satisfied with the proposed amendments, and are in support of staff's recommendation. Submission No. A 2011-058 Moved by Mr. D. Cybalski Seconded by Mr. A. Lise That the application of Hydro One Networks Inc., requesting permission for the expansion of an existing car dealership on to the subject property having a northerly side yard setback of Om rather than the required 3m (9.84'), on Part Lot 7, Plan 757, Part Lot 8, Plan 1029, Hydro Corridor abutting 1225 Courtland Avenue East, Kitchener, BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No. A 2011-059 Moved by Mr. D. Cybalski Seconded by Mr. A. Lise That the application of Scherer Holdings Inc., requesting permission for the expansion of an existing car dealership having a southerly side yard setback of Om rather than the required 3m (9.84'); and, permission to provide a 2m (6.56') setback for parking along Courtland Avenue East rather than the required 3m (9.84'), on Part Lot 7, Plan 757, Part Lot 9, Plan 1029, being Part 2, Reference Plan 58R-6530, 1225 Courtland Avenue East, Kitchener, BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 271 OCTOBER 18, 2011 3. Submission No.: A 2011-060 Applicant: 2276451 Ontario Inc. Property Location: 689 Doon Village Road Legal Description: Part Lot 6, Biehn's Tract, being Part 1, Reference Plan 58R-1026 Appearances: In Support: S. Litt Contra: None Written Submissions: K. Rogerson W. Howard At the request of the staff, the Committee agreed to defer consideration of this application up until its meeting scheduled for November 15, 2011, to allow staff an opportunity to work with the applicant on site plan issues and to determine all variances required. 4. Submission No.: A 2011-061 Applicant: Branthaven River Ridge Inc. Property Location: 90 Redtail Street Legal Description: Lot 70, Registered Plan 58M-511 Appearances: In Support: Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single family dwelling with a garage having a width of 53% of the overall lot width rather than the permitted 50%. The Committee considered the report of the Planning Division, dated October 7, 2011, advising that the subject property is located at 90 Redtail Street and is currently a vacant lot. The owner is proposing to build a single detached dwelling with an attached double garage. The subject property is designated Low Rise Residential in the City of Kitchener's Official Plan and is zoned Residential Six (R-6) in the City of Kitchener Zoning By-Law 85-1, with special regulation provisions 306R and 307R. The applicant is requesting a minor variance to allow a garage width of 53% of the lot width rather than the permitted maximum of 50% of the lot width due to the reduced frontage and irregular shape of the lot. 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 regarding the requested minor variance. The proposed variance meets the intent of the Official Plan. The Low Rise Residential designation encourages a full range of housing types while maintaining a low overall intensity of use. The proposed variance will permit the proposed dwelling with attached garage while maintaining the low density character of the property and surrounding neighbourhood. The proposed variance meets the intent of the Zoning By-Law. The purpose of a maximum garage width is to ensure a pleasing residential streetscape that is not dominated by garages. Staff is of the opinion that an increase of 3% over the maximum COMMITTEE OF ADJUSTMENT 272 OCTOBER 18, 2011 4. Submission No. A 2011-061 (Cont'd) permitted garage width is appropriate and maintains the intent of the By-Law. It is noted that this 3% increase in garage width is not viewable from the street as it is an alcove that is recessed behind the front face of the garage door. Therefore, from the streetscape, the permitted maximum of 50% is met. The proposed variance is considered minor. The variance is requested to accommodate the construction of a garage attached to a single detached dwelling on a lot that has a reduced frontage due to its irregular shape. As noted above, the increase in garage width is not seen from the street and therefore does not negatively impact any adjacent properties. The proposed variance is appropriate for the development and use of the land as it will allow the development of a single detached dwelling with an attached garage appropriate for the Low Rise Residential designation and R-6 Zoning. The requested variance would not appear to negatively impact adjacent properties or the surrounding neighbourhood. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2011, advising that they have no concerns with this application. Moved by Mr. A. Lise Seconded by Mr. D. Cybalski That the application of Branthaven River Ridge Inc., requesting permission to construct a single family dwelling with a garage having a width of 53% of the overall lot width rather than the permitted 50%, on Lot 70, Registered Plan 58M-511, 90 Redtail Street, Kitchener, Ontario, BE APPROVED subject to the following condition: The owner shall obtain a Building Permit from the City of Kitchener Building Division. It is the opinion of this Committee that: The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried 5. Submission No.: A 2011-062 Applicant: Romeo & Surujmatee Rampersaud Property Location: 227 Stoke Drive Legal Description: Lot 25, Plan 1532 Appearances: In Support: R. & S Rampersaud P. Hillenaar Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct an addition to be used for storage on a single family dwelling, to have a rear yard setback of 7m (22.97`) rather than the required 7.5m (24.60`). COMMITTEE OF ADJUSTMENT 273 OCTOBER 18, 2011 5. Submission No. A 2011-062 (Cont'd) The Committee considered the report of the Planning Division, dated October 5, 2011, advising that the subject property located at 227 Stoke Drive is developed with a single detached dwelling and zoned Residential Three (R-3) in the Zoning By-Law 85-1 and designated Low Rise Residential in the City's Official Plan. The owners are constructing a small addition in the rear of the dwelling in order to create storage space for patio furniture, in an accessible location. The addition will encroach 0.5 metres into the required rear yard setback. Therefore, relief is being sought from Section 37.2.1 of the Zoning By-Law to allow a rear yard setback of 7.0 metres whereas the required is 7.5 metres. 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 variance meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The proposed development is consistent with the Low Rise Residential designation. The variance meets the intent of the Zoning By-Law as the purpose of a 7.5 metres rear yard setback is to provide an outdoor amenity space as well as adequate separation from neighbouring properties. It is staff's opinion that a setback of 7.0 metres would continue to allow access to outdoor amenity space and allow sufficient separation from adjacent properties. The variance is considered minor as there is adequate separation from the proposed addition to abutting residential properties and as such will have no impact to adjacent lands. The variance is appropriate for the development and use of the land as the addition will create storage space in an accessible location for the owners who will still have access to their rear yard and amenity space. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 7, 2011, advising that they have no concerns with this application. Moved by Mr. A. Lise Seconded by Mr. D. Cybalski That the application of Romeo & Surujmatee Rampersaud, requesting permission to construct an addition to be used for storage on a single family dwelling, to have a rear yard setback of 7m (22.97`) rather than the required 7.5m (24.60`),on Lot 25, Plan 1532, 227 Stoke Drive, Kitchener, Ontario, BE APPROVED subject to the following condition: 1. The owner shall obtain a Building Permit from the City of Kitchener Building Division for the new addition. It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT 274 OCTOBER 18, 2011 ADJOURNMENT On motion, the meeting adjourned at 10:16 a.m. Dated at the City of Kitchener this 18th day of October, 2011. Dianne Gilchrist Secretary-Treasurer Committee of Adjustment