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Home My WebLink AboutCSD-18-076 - A 2018-035 - 47 Floyd StreetJ Staff Report KITc�►��T�R Community Services Department www.kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: April 17th, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Technical Assistant — 519-741-2200 ext. 7843 WARD: 10 DATE OF REPORT: April 10th, 2018 REPORT #: CSD -18-076 SUBJECT: A2018-035 — 47 Floyd Street Applicant — Adrian Dick Approve with Condition Location Map: 47 Floyd Street RECOMMENDATION VA That application A2018-035 requesting permission to reconstruct a front porch on an existing single detached dwelling setback 3m from the front lot line having a height of 1.1m above finished grade rather than the permitted height of 0.6m; and, for the porch to encroach into the Driveway Visibility Triangle (DVT) be approved (AS AMENDED), subject to the following condition: 1. That a building permit is obtained from the Building Division for the proposed front yard porch. *** 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 47 Floyd 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 March 231d, 2018. The applicant is requesting relief from Section 5.6A.4(a) of the Zoning By-law to allow a porch to be located within a required front yard, set back a minimum of 3.0 metres from the front lot line, with a height of 1.1 metres above finished grade rather than the maximum permitted height of 0.6 metres. During the analysis and review of this application, Staff identified that the proposed porch would encroach within the Driveway Visibility Triangle (DVT). As a result, Staff has added this variance request in the recommendation section. This variance request is seeking relief from section 5.3 of the Zoning By-law to allow a porch to encroach within the Driveway Visibility Triangle whereas no encroachments into the Driveway Visibility Triangle are permitted. 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 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 requested variances for the proposed front porch do not interfere with the general intent of the Official Plan. 2. The requested variance for increased porch height meets the general intent of the Zoning By-law. The intent of the regulation that requires a porch within the required front yard to be a maximum of 0.6 metres above grade is to ensure that there are no adverse impacts on the public realm by locating large built form close to the front property line. Staff is of the opinion that the increase to 1.1 metres will not have an adverse impact on the public realm. Staff notes that there is an additional 3 metres of buffer space between the front property line and the sidewalk. Staff believes this additional spaces, along with the 3 metres provided within the property will provide ample buffer space between the porch and the public realm, and therefore meets the general intent of the Zoning By-law. The requested variance for encroachment into the Driveway Visibility Triangle (DVT) meets the general intent of the Zoning By-law. The regulation that prohibits encroachments into the DVT is to ensure there is adequate visibility for automobiles to enter/exit the property safely. As previously mentioned, this property has an additional 3 metres of land between the property line and the sidewalk that is able to provide adequate space for visibility. Transportation Services has reviewed the application and has no concerns. The proposed variances are considered appropriate for the development and use of the lands. The surrounding neighbourhood is comprised of dwellings with similar built form and porch locations. Staff does not expect the proposed porch to have adverse impacts on any abutting properties or the surrounding neighbourhood. 4. The variance is considered minor. Staff consider the 0.5 metres in additional height to be minor. With no expected impacts of the DVT encroachment, staff can consider this variance minor as well. 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 provided a building permit be obtained for the proposed front yard covered porch. Please contact the Building Division @ 519- 741-2433 with permit requirements and any questions. Transportation Services Comments: The proposed porch will be located within the Driveway Visibility Triangle (DVT). However considering that the encroachment is minor and the driveway has a setback of approximately 3 meters from the edge of the roadway (Floyd Street), the impact of the proposed porch on the DVT will be negligible. Therefore Transportation Services support this application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No concerns. Eric Schneider, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 3, 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.regionofwaterloo.ca File No.: D20-20 Kit. Gen. NA Re: Committee of Adjustment Meeting on April 17, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment application(s) and have no comments - A2018 -024 (Amended), 2 Crossbridge Avenue A2018-030 to 042, Various 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, Z_."Vwl a_ BruceErb Supervisor, Corridor Planning (519) 575-4435 Document Number: 2691987 Document Author: EBRUCE Version: 1 Document Type: XPE-PE Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: April 5, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@g randriver. ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-024(amended) 2 Crossbridge Avenue A 2018-030 397 Greenfield Avenue A 2018-033 14 Ellen Street West A 2018-034 731 Huron Road A 2018-035 47 Floyd Street A 2018-036 810 Frederick Street A 2018-037 396 Victoria Street South A 2018-038 105 Brubacher Street A 2018-039 Rockcliffe Drive (future #123) A 2018-040 Rockcliffe Drive (future #127) A 2018-041 151 Fifth Avenue A 2018-042 151 Fifth Avenue Applications for Consent: B 2018-016(amended) 3 Chapel Hill Drive B 2018-024 259, 275 & 335 Gage Avenue B 2018-025 50 Brookside Crescent B 2018-028 Rockcliffe Drive (future #119-127) B 2018-029 Rockcliffe Drive (future #123 & 127) B 2018-030 151 Fifth 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, Trisha Hughes Resource Planner Grand River Conservation Authority TH/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of ] Grand River Conservation Authority.