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Home My WebLink AboutCSD-18-033 - A 2018-010 - 7 Peachwood CourtStaff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca 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: Tim Seyler, Technical Assistant (Planning and Zoning) — 519-741-2200 ext. 7860 WARD: 1 DATE OF REPORT: February 8, 2018 REPORT #: CSD -18-033 SUBJECT: A2018-010 — 7 Peachwood Court Applicants — Alexander Persaud, Leeanne Persaud, Daniel Persaud Approved with Conditions Location Map: 7 Peachwood Court RECOMMENDATION That minor variance application A2018-010 requesting relief from Section 6.1.1.1 b) i) to allow the required parking space for the proposed duplex dwelling to be setback 2.0 metres from the street line rather than the required 6.0 metres and; relief from Section 6.1.1.1 b) iv) to legalize the existing driveway located 6.94 metres from the intersection of the street lines, whereas 9.0 metres is required; be approved, subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1. A building permit is obtained from the City's Building Division for the conversion of a single detached dwelling to a duplex dwelling by September 1, 2018. REPORT Planning Comments: The subject property located at 7 Peachwood Court is zoned Residential Three (R-3) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to convert the single detached dwelling to a duplex dwelling. By converting the single detached dwelling to a duplex dwelling the subject property can no longer meet the requirements of Section 6.1.1.1 b i) of the Zoning By-law, as the previous owners converted the garage to living space without obtaining City approval. The applicant is requesting relief from Section 6.1.1.1 b i) of the Zoning By-law to allow the one required parking space for the proposed duplex to be located in the driveway setback 2.0 metres from the street line rather than the required 6.0 metres. The applicant is also requesting relief from Section 6.1.1.1 b) iv) to legalize the existing driveway located 6.94 metres from the intersection of the street lines, whereas 9.0 metres is required. City Planning staff conducted a site inspection of the property on January 25, 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 offers the following comments. 1. The subject property is designated Low Rise Residential in the City's Official Plan. This designation permits low density forms of housing such as duplex dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance to legalize the location of the one required parking space and location of the driveway from the intersection of the street lines meet the general intent of the Official Plan. 2. The requested variance to legalize the off street parking space 2.0 metres from the street lot line meets the general intent of the Zoning Bylaw. The reduction of 4.0 metres from the required 6 metres is minor. The intent of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. The request to legalize the existing legalize the existing driveway located 6.94 metres from the intersection of the street lines, whereas 9.0 metres is required also meets the general intent of the Zoning Bylaw. The reduction of 2.06 metres from the required 9.0 metres can be considered minor. The intent of the 9.0 metre setback is to ensure that there are no obstructions within the corner visibility triangle, and ensuring vehicles entering and exiting the intersection can do so safely. It is not anticipated that any negative impacts on the adjacent residential properties will result from the variances required therefore, the intent of the Zoning Bylaw continues to be maintained. 3. The variances can be considered minor as it is the opinion of staff that the required parking space can continue to be accommodated on site in a safe manner. Both the reduced setback of 2.0 metres for the required parking space and 6.94 metres from the intersection of the street lines will not present any significant impacts to adjacent properties and the overall neighbourhood. 4. The variances are appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The requested minor variances are necessary as they will legalize the driveway and location of the required parking space on the driveway. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined above in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit must be obtained for the conversion of the garage into living space (constructed without a permit). 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. Tim Seyler, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner 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 . omments: 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 LAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: January 31, 2018 YOUR FILE: RE: Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca See below 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, DeX 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.