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HomeMy WebLinkAboutAdjustment - 2013-03-19 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD MARCH 19,2013 MEMBERS PRESENT: Messrs. B. McColl and A. Lise OFFICIALS PRESENT: Ms.J.von Westerholt, Senior Planner, Mr. D. Pimentel, Traffic Technologist, Ms. J. Billett, Acting Secretary-Treasurer and Ms. H. Dyson, Administrative Clerk. Mr. B. McColl,Vice-Chair,called this meeting to order at 10:05 a.m. MINUTES Moved by Mr.A. Lise Seconded by Mr. B. McColl That the minutes of the regular meeting of the Committee of Adjustment held February 19, 2013, as mailed to the members, be accepted. Carried NEW BUSINESS MINOR VARIANCE 1. Submission No.: A 2013-015 Applicant: Fernando and Adriana Branco Property Location: 343 Activa Avenue Legal Description: Part Block 15, Registered Plan 58M-258, designated as Part 190 on Reference Plan 58R-13866 Appearances: In Support: F. Branco A. Branco R. Branco Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to allow a partially constructed rear yard addition (sunroom) to have a rear yard setback of 6.23m (20.44`) rather than the required 7.5m (24.61). The Committee considered the report of the Planning Division,dated March 8,2013, advising that the property contains a single detached dwelling that is located west of the intersection between Active Avenue and David Bergey Road. It is designated as Low Rise Residential in the Official Plan and zoned Residential four (R4) with special Regulation 286R in the City's Zoning By-law 85-1. The applicant is looking to legalize an existing sunroom addition to the rear of the house. As such, relief is being sought from Section of 38.2.1 of the City of Kitchener Zoning By-law 85-1 for a rear-yard setback of 6.23 metres, rather than the required 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 offers the following comments: The variance meets the intent of the Official Plan. The property's Low Rise Residential designation accommodates for a full range of housing types and forms while achieving an overall COMMITTEE OF ADJUSTMENT -85- MARCH 19,2013 1. Submission No.: A 2013-015 (Cont'd) low intensity of use. The proposed variance will not impact the overall low intensity of the property and neighbourhood. The variance meets the intent of the Zoning By-law. The required 7.5 metre rear-yard setback is intended to provide outdoor amenity space for the property and sufficient separation between neighbouring properties. The reduction of 1.27 metres is minor as it still maintains a 6.23 metre setback, and provides adequate separation and amenity space. The variance is considered minor. The existing 6.23 metre rear-yard setback provides sufficient outdoor amenity space. Since the sunroom is built in place of an existing deck, privacy and separation between neighbours will not be compromised. The variance is appropriate for the development and use of the land. The requested variance will not impact the subject property's compatibility with the surrounding neighbourhood. The sunroom will be used for residential purposes which is permitted by the Zoning By-law. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 28,2013, advising that they have no concerns with this application. Moved by Mr.A. Lise Seconded by Mr. B. McColl That the application of Fernando and Adriana Branco requesting permission to legalize an existing rear yard addition (sunroom) having a rear yard setback of 6.23m (20.44`) rather than the required 7.5m (24.61), on Part Block 15, Registered Plan 58M-258, designated as Part 190 on Reference Plan 58R-13866, 343 Activa Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a building permit from the City's Building Division for the sunroom 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 2. Submission No.: A 2013-016 Applicant: Max Becker Enterprises Limited Property Location: 275 Max Becker Drive Legal Description: Block 1, Registered Plan 58M-410 Appearances: In Support: S. Code Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a multi- residential dwelling having a front yard setback of 1.5m (4.93`) rather than the required 4.5m (14.77`). The Committee considered the report of the Planning Division,dated March 7,2013, advising that the subject property is zoned Residential Seven (R-7) in the City's Zoning By-law 85-1 and designated Mixed Use Node in the City's Official Plan. The property is located at the south-east corner of Max Becker Drive and Commonwealth Street in the Williamsburg area. The property is COMMITTEE OF ADJUSTMENT -86- MARCH 19,2013 2. Submission No.: A 2013-016 (Cont'd) presently undeveloped however the owner has applied to the City of Kitchener for a Site Plan Pre-submission consultation meeting for the future development of a four unit multiple dwelling on the property. The property is the last parcel of land in the Mixed Use Node and is located immediately across the street from the large community park known as Max Becker Common. The applicant is requesting relief from Section 41.2.6 of Zoning By-law 85-1. The applicant is seeking minor variance approval of a 1.5 metre front yard setback rather than the required 4.5 metre front yard setback. 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. It is the opinion of the Planning staff that the variance meets the intent of the Official Plan. The Mixed Use Node designation of this property aims to create an urban streetscape within nodes. The reduced front yard setback is in keeping with other development within the node, and the location of the site immediately across the street from the large community park further enhances the`urban'feel of the development. The intent of the Zoning By-Law when regulating building setback from property lines is to ensure compatibility with the adjacent streetscape and mitigating potential impacts on adjacent properties. It is the opinion of the Planning staff that the proposed reduction in front yard setback meets the intent of Zoning By-law 85-1 as it is in keeping with other developments fronting Max Becker Drive while creating a closer interface with the Max Becker Common immediately across the street. The reduced front yard setback will have no impact on the adjacent residential development on Commonwealth Street. The variance can be considered minor as the reduced setback will not present any significant impacts to adjacent lands and the overall neigbourhood, but rather provide a greater separation to the existing residential development. The variance is appropriate for the development and use of the property as the reduction in setback will provide a more contiguous streetscape within the Mixed Use Node which in turn creates an urban context for the four dwelling units. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 28,2013, advising that they have no concerns with this application. Moved by Mr.A. Lise Seconded by Mr. B. McColl That the application of Max Becker Enterprises Limited requesting permission to construct a multi-residential dwelling having a front yard setback of 1.5m (4.93`) rather than the required 4.5m (14.77`), on Block 1, Registered Plan 58M-410, 275 Max Becker Drive, Kitchener, Ontario, BE APPROVED. 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 3. Submission No.: A 2013-017 Applicant: Cook Homes Limited Property Location: 522 Beaumont Crescent Legal Description: Part of Block 92, Registered Plan 58M-454 Appearances: COMMITTEE OF ADJUSTMENT -87- MARCH 19,2013 3. Submission No.: A 2013-017 (Cont'd) In Support: T.Allensen K.Worden Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a street front townhouse, having a westerly side yard setback of 1.51m (4.96`) rather than the required 2.5m (8.21). The Committee considered the report of the Planning Division,dated March 7,2013, advising that the subject property is zoned Residential Six Zone (R-6) with Special Regulation 454R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant received site plan approval for the development of street fronting townhouses in November 2012 which are currently under construction. It has come to the applicant's recent attention that the side yard setback for the subject property is deficient as per the requirements of the Zoning By-law. In order to legalize the setback, the applicant is requesting relief from Section 40.2.5 of the Zoning By-law to allow a 1.51 metres side yard setback for a street townhouse dwelling unit rather than the required 2.5 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 offers the following comments: The requested 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 existing low rise development in the area. The requested variance meets the intent of the Zoning By-law where included as part of the 2.5 metre building setback to the property line, a 0.9 metres rear yard access is also required from the front to the rear yard of the lot without passing through any portion of the townhouse dwelling unit. It is staffs opinion that the requested variance for a reduced side yard setback from the required 2.5 metres to 1.51 metres will not impede rear yard access and will continue to allow for sufficient separation between the subject property and the adjacent lands. The requested variance can be considered minor as it is staffs opinion that the reduced side yard setback of approximately 1 metre will continue to allow sufficient manoeuvrable access to the rear yard. The reduction will not cause impact to the subject property or the adjacent lands. The requested variance is appropriate for the development and use of the land. The variance is required to legalize the existing setback. It is staff's opinion that the reduced setback still allows sufficient access and separation from the adjacent property and will not impact the streetscape. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 28,2013, advising that they have no concerns with this application. Moved by Mr.A. Lise Seconded by Mr. B. McColl That the application of Cook Homes Limited requesting permission to construct a street front townhouse, having a westerly side yard setback of 1.51m (4.96`) rather than the required 2.5m (8.21), on Part of Block 92, Registered Plan 58M-454, 522 Beaumont Crescent, Kitchener, Ontario, BE APPROVED. 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. COMMITTEE OF ADJUSTMENT _88- MARCH 19,2013 3. Submission No.: A 2013-017 (Cont'd) 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 4. Submission No.: A 2013-018 Applicant: Cook Homes Limited Property Location: 524 Beaumont Crescent Legal Description: Part of Block 92, Registered Plan 58M-454 Appearances: In Support: T.Allensen K.Worden Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a street front townhouse, having an easterly side yard setback of 1.51m (4.96`) rather than the required 2.5m (8.21). The Committee considered the report of the Planning Division,dated March 8,2013, advising that the subject property is zoned Residential Six Zone (R-6) with Special Regulation 454R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant received site plan approval for the development of street fronting townhouse dwelling units in November 2012 which are currently under construction. It has come to the applicant's recent attention that the side yard setback for the subject property is deficient as per the requirements of the Zoning By-law. In order to legalize the setback, the applicant is requesting relief from Section 40.2.5 of the Zoning By-law to allow a 1.51 metres side yard setback for a street townhouse dwelling unit rather than the required 2.5 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 offers the following comments: The requested 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 existing low rise development in the area. The requested variance meets the intent of the Zoning By-law where included as part of the 2.5 metre building setback to the property line, a 0.9 metres rear yard access is also required from the front to the rear yard of the lot without passing through any portion of the townhouse dwelling unit. It is staffs opinion that the requested variance for a reduced side yard setback from the required 2.5 metres to 1.51 metres will not impede rear yard access and will continue to allow for sufficient separation between the subject property and the adjacent lands. The requested variance can be considered minor as it is staffs opinion that the reduced side yard setback of approximately 1 metre will continue to allow sufficient manoeuvrable access to the rear yard. The reduction will not cause impact to the subject property or the adjacent lands. The requested variance is appropriate for the development and use of the land. The variance is required to legalize the existing setback. It is staff's opinion that the reduced setback still allows sufficient access and separation from the adjacent property and will not impact the streetscape. The Committee considered the report of the Region of Waterloo Transportation Planner, dated February 28,2013, advising that they have no concerns with this application. Moved by Mr.A. Lise Seconded by Mr. B. McColl COMMITTEE OF ADJUSTMENT _89- MARCH 19,2013 4. Submission No.: A 2013-018 (Cont'd) That the application of Cook Homes Limited requesting permission to construct a street front townhouse, having an easterly side yard setback of 1.51m (4.96`) rather than the required 2.5m (8.21`), on Part of Block 92, Registered Plan 58M-454, 524 Beaumont Crescent, Kitchener, Ontario, BE APPROVED. 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 CONSENT 1. Submission No.: B 2013-019 Applicant: Octavian Adrian Rosu and Florica Rosu Property Location: 162-164 Morgan Avenue Legal Description: Lot 1, Plan 1115 Appearances: In Support: A. Rosu F. Rosu Contra: None Other: Written Submissions: None The Committee was advised that the applicant is requesting permission to sever a parcel of land so each half of a semi-detached residential development can be dealt with separately. Both the severed and retained lots will front onto Morgan Avenue, with the severed lands having a lot width of 8.614m (28.27`), by a depth of 30.072m (98.67`) and an area of 235.56m2 (2535.63 sq.ft.); and the retained lands having a lot width of 8.613m (28.26`), by a depth of 32.026m (105.08`)and an area of 242.89m2 (2614.54 sq.ft.). The Committee considered the report of the Planning Division, dated March 11, 2013, advising that the subject property is designated as Low Rise Residential in the Official Plan and zoned Residential Four Zone (R-4) in the Zoning By-law. 162-164 Morgan Avenue is located near the corner of Morgan Avenue and Southill Drive. The subject lands contain an existing single-detached dwelling that will be demolished (subject to demolition approval DC12/21/M/MV). The surrounding neighbourhood contains a range of low density residential dwellings. The subject property is directly adjacent to an institutional use (school), and three separate multiple dwellings (triplexes). There are a variety of residential land uses within this neighbourhood. The applicant is requesting consent to sever the subject property into two lots in order to permit a semi-detached residential development under separate ownership. Both the severed and retained lots will front onto Morgan Avenue. The severed lands would have a lot width of 8.614 metres, a depth of 30.072 metres, and an area of 235.56 m2. The retained lands would have a lot width of 8.613 m, by a depth of 32.026 m, and an area of 242.89 m2. With respect to the criteria for the subdivision of land listed in Section 51 (24)of the Planning Act, R.S.O. 1990, c. P. 13, planning staff is of the opinion that the uses of the severed and retained lots are in conformity with the Official Plan and are permitted in Zoning By-law 85-1. The COMMITTEE OF ADJUSTMENT _90- MARCH 19,2013 1. Submission No.: B 2013-019 (Cont'd) proposed severance is required to create separate semi-detached dwelling units and allow separate ownership of each. Furthermore, staff notes that the severed and retained lots front on an established public street and are fully serviced. With respect to provincial policies and plans, planning staff is of the opinion that the proposed severance is consistent with the Provincial Policy Statement,2005. The Committee considered the report of the Region of Waterloo, Principal Planner, dated March 8,2013, advising that they have no objection to this application,subject to the following Condition: 1. That prior to final approval, the owner/developer submits a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from King Street East(Regional Road No. 8) and the CP rail line. OR alternatively, because the residential building is existing on site and there are several intervening land uses between the proposed new lot and noise sources, in lieu of a Transportation Noise Study, the owner/applicant may enter into a registered development agreement with the Regional Municipality of Waterloo, prior to final approval, to include the following noise warning clause in all offers of purchase/sale or rental agreements for both the severed and retained lots: "Due to the proximity to King Street East (Regional Road No. 8), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals" "Due to the proximity of the Canadian Pacific Railway or its successors or assigns, projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals." "Warning: Purchasers or tenants are to be advised that Canadian Pacific Railway or its successors or assigns, have an operating right-of-way within 300 metres from the land subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuation measures in the design of the development and individual dwelling(s). CPR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way". Moved by Mr.A. Lise Seconded by Mr. B. McColl That the application of Octavian Adrian Rosu and Florica Rosu requesting permission to sever a parcel of land for semi-detached residential development, having a lot width of 8.614m (28.27`), by a depth of 30.072m (98.67`) and an area of 235.56m2 (2535.63 sq.ft.), on Lot 1, Plan 1115, 162-164 Morgan Avenue, Kitchener,Ontario, BE GRANTED,subject to the following conditions: 1. That the owner shall make satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the owner shall provide a digital file of the deposited reference plan(s)prepared by an Ontario Land Surveyor in .dwg (AutoCad)or Agn (Microstation)format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for park dedication equal to 5%of the value of the lands to be severed in the amount of$3,962.44. 4. That the owner shall make satisfactory financial arrangements with the City's Engineering Services for the removal of any redundant service connections and the installation of new ones that may be required to service this property. COMMITTEE OF ADJUSTMENT _911 - MARCH 19,2013 1. Submission No.: B 2013-019 (Cont'd) 5. That the owner shall submit a servicing plan showing outlets to the municipal servicing system along with the sanitary and storm sewer design to the satisfaction of the City's Engineering Services. 6. That the owner shall complete and submit a Development and Reconstruction As- Recorded Tracking Form, as per the Public Sector Accounting Board (PSAB) S. 3150, along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.)with the corresponding correct layer names and numbering system, to the satisfaction of the City's Engineering Services. 7. That prior to final approval,the owner/developer shall submit a Transportation Noise Study to assess noise levels and indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from King Street East(Regional Road No. 8) and the CP rail line; OR alternatively, because the residential building is existing on site and there are several intervening land uses between the proposed new lot and noise sources, in lieu of a Transportation Noise Study, the owner/applicant may enter into a registered development agreement with the Regional Municipality of Waterloo, prior to final approval, to include the following noise warning clauses in all offers of purchase/sale or rental agreements for both the severed and retained lots: "Due to the proximity to King Street East (Regional Road No. 8), projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". and, "Due to the proximity of the Canadian Pacific Railway or its successors or assigns, projected noise levels on this property may exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals.";and, "Warning: Purchasers or tenants are to be advised that Canadian Pacific Railway or its successors or assigns, have an operating right-of-way within 300 metres from the land subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuation measures in the design of the development and individual dwelling(s). CPR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way". It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above- noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being March 19,2015. Carried COMMITTEE OF ADJUSTMENT -92- MARCH 19,2013 ADJOURNMENT On motion,the meeting adjourned at 10:12 a.m. Dated at the City of Kitchener this 19th day of March,2013. Janet Billett,AMCT Acting Secretary-Treasurer Committee of Adjustment