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HomeMy WebLinkAboutCSD-18-028 - A 2018-005 - 12 Redtail StJ Staff Report Ki'rCH�. t R Community Services Department wwwkitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Lauren Nelson, Planner (Policy) — 519-741-2200 ext. 7072 WARD: 1 DATE OF REPORT: February 9, 2018 REPORT #: CSD -18-028 SUBJECT: Application A2018-005 — 12 Redtail Street Applicant — Idris and Fauzia Baig Approved with Conditions RECOMMENDATION Location Map: 12 Redtail Street .m That application A2018-005 requesting relief from Section 5.6A.4 c) to allow a deck exceeding 0.6 metres in height to have a minimum setback of 1.5 metres from the rear lot line, whereas 4.0 metres is required, be approved subject to the following condition: 1. A Building Permit is obtained from the City's Building Division for the proposed rear yard deck by September 30, 2018. *** 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 12 Redtail Street is zoned Residential Six (R-6) with Special Provisions 306R and 307R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build a deck that is not covered or enclosed, and is 1.1 metres in height. The proposed deck does not comply with the requirements of Section 5.6A.4 c) of the Zoning By-law. The applicant is requesting relief from Section 5.6A.4 c) of the Zoning By-law to allow a deck exceeding 0.6 metres in height to have a minimum setback of 1.5 metres from the rear lot line rather than the required 4.0 metres. City Planning staff conducted a site inspection of the property on February 2, 2018. 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 the City's 2014 Official Plan. Portions of the 2014 Official Plan are in effect, with other portions remaining under appeal. Low Rise Residential and Housing objectives and policies that are in effect were considered for this application, and recognize the scale and character of existing development and allow for modest alterations. The requested variance to permit a reduced rear yard setback for the proposed deck is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. The requested variance also allows the lands to function appropriately by providing for an amenity area on the property. Staff is of the opinion that the variances meet the general intent of the Official Plan. 2. The requested variance to permit a reduced rear yard setback for the proposed deck meets the general intent of the Zoning By-law. The intent of the 4.0 metres rear yard setback is to provide for outdoor amenity space as well as adequate separation from neighbouring properties. The proposed deck will continue to provide functional outdoor amenity space within the sloped rear yard. Further, the location of the proposed deck provides for separation from neighbouring properties and vegetation has been planted to provide an additional buffer. Staff is of the opinion that the variance meets the general intent of the By-law. 3. The requested variance is minor. It is staff's opinion that the reduced rear yard setback for the proposed covered deck is minimal and will not present any significant impacts to adjacent properties or the surrounding neighbourhood. 4. The variance is appropriate for the development and use of the land. It is staff's opinion that the proposed deck is appropriately sited for the subject property and will provide outdoor amenity space for the owner and adequate separation from abutting residential properties. As such, the reduced rear yard setback will not present any significant impacts to the existing character of the subject property or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the rear yard deck. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: No concerns. Engineering Comments: No concerns. Heritage Comments: No concerns. Environmental Planning Comments: No concerns. Lauren Nelson, BES Planner (Policy) Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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 (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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. Holly Dyson From: John Vos <John.Vos@waterloo.ca> Sent: 07 February, 2018 9:54 AM To: Holly Dyson Subject: Committee of Adjustment applications A-2018-005 and SG -2018-002 Hi Holly, Having reviewed applications A-2018-005 and SG -2018-002, we are satisfied that City of Kitchener staff will ensure proper planning is implemented in their recommendations to the Committee. Kind regards, John ■■■ John Vos, MCIP, RPP Development Planner, Planning Approvals Integrated Planning and Public Works, City of Waterloo 100 Regina Street South PO Box 337, Station Waterloo Waterloo, ON, N2J 4A8 P: 519-747-8527 TTY: 1-866-786-3941 iohn.vos(a)waterloo.ca www.waterloo.ca IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.