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HomeMy WebLinkAboutCSD-18-009 - A 2018-003 - 197 Simeon St, Staff Report I .R Community Services Department wm kitcheneua REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: RECOMMENDATION Committee of Adjustment January 16th, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Technical Assistant — 519-741-2200 ext. 7843 10 January 91h, 2018 CSD -18-009 A2018-003 — 197 Simeon Street Applicant — Carolyn Vander Schaaf Approve with Conditions That application A2018-003 requesting permission to legalize an existing 1.3m x 3m wooden shed to be located in the exterior side yard of an existing single detached dwelling whereas the By-law does not permit sheds to be located in the exterior side yard; for the shed to be located closer to the front lot line than the front of the principle dwelling; for the shed to be located within the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT (as amended) be approved, subject to the following condition: 1. That this decision is only valid for the accessory building existing on the date of this report and that no further encroachments into the Corner Visibility Triangle shall occur. Location Map: 197 Simeon Street *** 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 197 Simeon Street is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. Staff conducted a site inspection of the property on January 3rd, 2018. The applicant is requesting permission to legalize an existing wooden shed located in the exterior side yard whereas the By-law does not allow sheds to be located in an exterior side yard (Section 5.5.5a). The applicant is also requesting relief from Section 5.5e to allow a shed to be located closer to the front lot line than the front face of the principle building on the property, and relief from Section 5.3 to allow the shed to be located within the Corner Visibility Triangle. View of Existing Accessory Building 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. 1. The requested variance meets the general intent of the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The subject accessory building does not interfere with the general intent of the Official Plan. 2. The requested variance to permit an accessory building to be located in the exterior side yard and to be located closer to the front lot line than the principle building meets the intent of the Zoning By-law. The intent of the regulation that prohibits accessory structures in the front and exterior side yards is to protect the aesthetics of the neighbourhood. In this case, the subject accessory building visually appears as a fence and does not physically resemble a typical garden shed. Staff is of the opinion that the subject accessory building does not compromise the aesthetics of the neighbourhood and therefore meets the intent of the Zoning By-law. The intent of the regulation that prohibits an accessory building within a corner visibility triangle (CVT) is to protect driver, cyclist and pedestrian safety by ensuring that there is adequate visibility while turning the corner at the intersection of two streets. In this situation, only a small corner of the shed projects into the CVT and only at the outermost periphery of the CVT. Planning staff, as well as Transportation staff are of the opinion that adequate visibility can be maintained despite the small projection into the CVT, and therefore the intent of the By-law is maintained. The proposed variance is considered appropriate for the development and use of the lands. The surrounding neighbourhood is comprised of similar sized compact lots that often have the built form of dwellings located close to the sidewalk and pedestrian realm. The layout of the streets in the neighbourhood is a grid pattern (horizontal & vertical) which is less susceptible to visibility concerns than curvilinear streets in typical residential subdivisions. Furthermore, the subject accessory building was built with materials that complement the aesthetics of the surrounding neighbourhood, and therefore the proposed variance can be considered appropriate for the surrounding lands. 4. The variance is considered minor because only a very small portion of the shed is located within the CVT. In addition, staff believes that the shed has a minor impact on adjacent properties and the surrounding neighbourhood. Location of Accessory Building within the Corner Visibility Triangle x`41' , `'• � L 9 „-. Corner Visibility Triangle �,`,? •' , r. (CVT) Portion of Shed outside of CVT Portion of Shed within r the CVT Y + Location of Accessory Building within the Corner Visibility Triangle Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the horizontal and vertical alignment of Simeon Street, the encroachment into the corner visibility triangle is minor in nature and therefore, is supportable. Heritage Planning Comments: Heritage Planning staff has no concerns with the proposed variances. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed as 197 Simeon Street is advised that the property is located within the Pandora Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Environmental Planning Comments: No environmental planning concerns. Eric Schneider, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo January 02, 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: T 15-40/VAR KIT GEN (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): 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. 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, .::� ��. I 1__� DOCS: 2598488 Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat Avenue 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, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.