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HomeMy WebLinkAboutCA - 2017-12-12 - A 2017-124 - 6 Catalina CourtStaff Report I rTc'.�► t .R Community Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12th, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: April Best-Sararas, Planning Student 519-741-2200 ext. 7074 APPLICATION #: A2017-124 ADDRESS: 6 Catalina Court PROPERTY OWNER: Julijan and Olenka Rac SUMMARIZED RECOMMENDATION: Approve with condition DATE OF REPORT: November 29th, 2017 Location Map: 6 Catalina Court REPORT: Planning Comments: City Planning staff conducted a site inspection of the property on November 28th, 2017. The subject property is located at 6 Catalina Court and is designated Low Rise Residential in both the 1994 and 2014 Official Plans, and zoned Residential Four Zone (R-4) in Zoning By-law 85- 1. The lands currently contain a single detached dwelling, and the applicant is proposing to construct an attached garage to the rear of the dwelling, which will extend into the require rear yard setback. As such, the Owner is requesting relief from Section 38.2.1 to permit a reduced rear yard setback of 5.33 metres (17.47 ft), whereas 7.5 metres (24.61 ft) is required. Existing dwelling and location of proposed attached garage at 6 Catalina Court 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 subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. Although a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, it should be noted that certain policies do apply. In this case, both plans are being relied upon to determine whether the subject variance meets the intent of the Official Plan. It is Planning staffs opinion that the proposed variance meets the general intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change will maintain the low density character of the property and surrounding neighbourhood. 2. The requested variance to reduce the rear yard setback from 7.5 metres to 5.33 metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide amenity area in the rear yard and adequate separation between the structure and adjacent properties. The reduction of 2.17 metres from the required 7.5 metres is minor, as the proposed 5.33 metre rear yard setback will continue to provide sufficient amenity space in the rear yard and separation from neighbouring properties. 3. The variance can be considered minor. Staff is of the opinion that the requested variance will continue to provide amenity space in the rear yard and maintain adequate separation between the attached garage and adjacent properties. The requested variance will not present any significant impacts to adjacent properties and the overall neighbourhood, and as such, Staff is of the opinion that the requested variance is minor. 4. The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The scale, massing and height of the attached garage will not negatively impact the existing character of the subject property or surrounding neighbourhood. Based on the above comments, staff is of the opinion that the variance requested is minor, meets the general intent of the Zoning By-law and Official Plan, and is appropriate for the lot and surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed new attached garage to a single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Planning Comments: No natural heritage concerns. Heritage Comments: No cultural heritage issues or concerns. RECOMMENDATION: That minor variance application A2017-124 requesting relief from Section 38.2.1 to permit a reduced rear yard setback for an attached garage of 5.33 metres, whereas 7.5 metres is required, be approved, subject to the following condition: 1. That the Owner obtains a building permit for the proposed attached garage by June 1, 2018. Juliane von Westerholt, BES, MCIP, RPP Senior Planner November 27, 2017 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: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St 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 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. 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. DOCS: 2566097 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 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority.