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HomeMy WebLinkAboutCSD-18-055 - A 2018-023 - 51 Simeon StJ 4., Staff Report K W- mNF-R Community Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 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: 10 DATE OF REPORT: March 9, 2018 REPORT #: CSD -18-055 SUBJECT: A2018-023 — 51 Simeon Street Applicants — Graham Whiting on behalf of Jonathan Finn Approved with Conditions Location Map: 51 Simeon Street RECOMMENDATION 0 That minor variance application A2018-023 requesting relief from Section 39.2.1 to allow an attached garage to have a side yard setback of 0.29 metres whereas 1.2 metres is required; be approved, subject to the following conditions: 1. Revised building drawings are submitted to update the scope of work of the current issued building permit by September 1, 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 51 Simeon Street is zoned Residential Five (R-5) with special regulation 129U in the Zoning By-law 85-1 and designated Low Rise Conservation A in the Central Frederick Neighbourhood Secondary Plan. The applicant is proposing to demolish the existing garage and rebuild an attached garage in the same location. The existing attached garage does not meet the setback requirements of Section 39.2.1 of the Zoning By-law. The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow an attached garage to have a side yard setback of 0.29 metres whereas 1.2 metres is required. City Planning staff conducted a site inspection of the property on March 1, 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. The subject property is designated Low Rise Conservation A in the Central Frederick Neighbourhood Secondary Plan. The intent of the Low Rise Conservation designation is to preserve the scale, use and intensity of the existing development and area. The proposed variance will permit a reduced minimum side yard for the proposed attached garage. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance to reduce the side yard setback will maintain the scale, use and will not increase the intensity of the existing dwelling. Therefore it is appropriate for the subject property, and meets the general intent of the Official Plan. 2. The side yard setback of the existing attached garage is 0.29 metres. The applicant is requesting a variance to allow the proposed attached garage to continue this existing side yard setback. Staff is of the opinion that the variance meets the intent of the Zoning By-law as it will legalize the existing setback of 0.29 metres rather than the required 1.2 metres. 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 requested variance is considered minor as it is the opinion of staff that the proposed development will occur within the existing setback and as such will likely have no impact on the adjacent properties and the overall neighbourhood. 4. The requested variance is appropriate for the development and use of the land as the proposed addition will provide the same separation from the side lot line than what currently exists. The proposed addition will be compatible with the subject property and the balance of dwellings within the neighbourhood. Staff is of the opinion that the proposal is consistent with the low density development of the neighbourhood. 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 revised drawings are submitted to update the scope of work of the current issued building permit. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Ensure that the internal garage dimensions requirements. Engineering Comments: No Concerns. conform to the City of Kitchener minimum Heritage Comments: 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 is advised that the property municipally addressed as 51 Simeon Street is located within the Central Frederick Cultural Heritage Landscape. 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 and Policy Planner for more information. In the Central Frederick CHL, garages are typically located at the end of driveways and at the side or rear of the dwellings. Additionally, garages are designed to match the main facade of the house, typically using brick. Considering these elements, the proposed garage replacement reflects the character of the Central Frederick neighbourhood and complements the existing dwelling. As such, Heritage Planning Staff have no concerns with the application. Note that the subject property is located within the Central Frederick Secondary Plan. The City will be commencing a secondary plan review in the next 2-5 years. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake by phone (519-741-2200 ext. 7839) or by email(michelle.drake(a)-kitchener.ca). Special Policy Area #58 provides the interim policy direction for how development applications will be evaluated until such time as the City completes the PARTS implementation process. The subject site is within the Influence Area for intensification and as such, the associated policies should in part inform the `intent of the Official Plan'. Tim Seyler, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo March 06, 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 (3)/58 KIT, Bromberg, Garry, 1415 Huron Road (5, 6)/53 Fairway, Fusion Homes (7, 8) /VAR KIT, Freure North Subdivision (10)/VAR KIT, Emmanuel Bible College 70-136 Fergus Avenue Re: Committee of Adjustment Meeting on March 12, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 8 Bridge Street East (SG 2018-004): No concerns to the application. However, the owner should be made aware that any redevelopment application for these lands may require dedicated road widening up to 13.107 metres from Bridge Street centreline. Therefore, it is strongly recommended that the sign be located accordingly. Otherwise, an encroachment agreement with the Region; or actual relocation of the sign would be required at the owner's cost, at such times in future. 2. 54 Queen Street North (SG 2018-005): No concerns. The sign is on private property and should comply with City of Kitchener Sign By-law. 3. 205 West Oak Trail (A 2018-022): No concerns. 4. 51 Simeon Street (A 2018-023): No concerns. 5. 2 Crossbridge Avenue (A 2018-024): No concerns. 6. 500 Rivertrail Avenue (A 2018-025): No concerns. 7. 70 Castlebay Street (A 2018-026): No concerns. 8. 150 Rockcliffe Drive (A 2018-027: No concerns. 9. 66 West Avenue (A 2018-028): No concerns. 10.110, 130 and 136 Fergus Avenue (A 2018-029): No concerns. 11.356-420 King Street West (A 2018-032): No concerns. DOCS: 2670864 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 Trisha Hughes, Resource Planner 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. 2319 E-mail: thug hes@grand river. ca DATE: February 28, 2018 YOUR FILE: See below RE Applications for Signs: SG 2018-005 54 Queen Street North Applications for Minor Variance: A 2018-022 205 West Oak Trail A 2018-023 51 Simeon Street A 2018-024 2 Crossbridge Avenue A 2018-025 500 Rivertrail Avenue A 2018-026 70 Castlebay Street A 2018-027 156 Rockcliffe Drive A 2018-029 110, 130 & 136 Fergus Avenue A 2018-032 356-400 King Street West Applications for Consent: B 2018-016 3 Chapel Hill Drive B 2018-017 to 019 83 Elmsdale Drive B 2018-020 334-400 King Street West 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, //V'fig Trisha Hughes Resource Planner Grand River Conservation Authority TH/dp *These comments are respectfully submitted as advice and reflect resource concerns within dee scope and mandate of the Page 1 of 1 Grand River Conservation Authority.