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Home My WebLink AboutDSD-18-026 - A 2018-046 - 671 Glasgow St, Unit 7Staff Report KIT�CHE R Community Services Department wmkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: May 15, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext.7869 WARD: 8 DATE OF REPORT: May 5, 2018 REPORT #: DSD -18-026 SUBJECT: A2018-046— 7-671 Glasgow Street Applicant — Zac Wolochatiuk Approve S P 0817 0? Location Map: 7-671 Glasgow Street RECOMMENDATION: That minor variance application A2018-046 requesting relief from Sections 36.2, 5.6A and Special Regulation Provision 152R to permit a side yard setback of 2.42 metres rather than 7.62 metres for a roofed deck structure, be approved, subject to the conditions in Appendix `A'. *** 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 applicant is requesting a minor variance to allow a 2.42 metre side yard setback for a roofed deck whereas Zoning By-law 85-1 requires a minimum 7.62 metre setback. The subject property is located in a condominium complex that was built in the 1980's and contains seven single detached dwellings. While the proposed structure is located in the `rear yard' of the subject dwelling, because this is a condo development, and for zoning purposes, the proposed structure is located in the side yard of the overall site. Photo of Rear Yard of Subject Lands (Courtesy of Applicant) NEIGHBOURING UNrr Fb WITH AmrnpN. KNORVARIANCE WAS APPROVED FOR T IS ST0.000RE. SITE PHOTO PAGE 719 Planning Analysis 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 lands are designated Low Rise Residential in the Official Plan which permits different forms of housing including single detached dwellings at a low intensity of use. Staff is of the opinion that the general intent of the Official Plan is maintained. Staff is of the opinion that the proposed variance maintains the general intent of the zoning by-law. The property is zoned Residential Two Zone (R-2) with Special Regulation Provision 152R. This zoning permits the subject development and requires a side yard setback of 7.62 metres for the subject dwelling. The owner intends to construct a roof structure for the deck. Section 5.6A.4 of the zoning by-law regulates decks. This regulation states that any covered or enclosed deck must comply with the setback provisions of the dwelling. The owner is proposing a 2.42 metre side yard setback. The purpose of this regulation is to recognize that the side yard functions like a rear yard for the subject dwelling and is intended to ensure private outdoor amenity space. The rear yard is currently developed with a patio as shown in the photo above, which provides a large outdoor amenity space for the residents. Staff is of the opinion that the proposed roof structure will preserve and enhance the use of the deck and outdoor amenity space and that there is also additional grassed space available for other outdoor uses. Staff also notes that if the roofed deck were a free standing screened gazebo (accessory structure) it would be permitted to be located with a setback of only 0.6 metres to a side or rear lot line. The applicant has indicated that the proposed roof structure will make the private outdoor space more useable. Plans show that the roof structure will be integrated into the roof of the dwelling and will only be one story high. As such, staff is of the opinion that it will have minimal impact to neighbours within the development, and that the impact is not different than that of a screened free standing gazebo which is permitted. Furthermore, the proposed structure is adjacent to a green space owned by the City of Kitchener, therefore there are no neighbours to the `rear' that could be impacted by the proposed structure. Based on the foregoing, staff is of the opinion that the variance is minor and is appropriate for the development and use of the lands. Based on the foregoing, Planning staff recommends that the application be approved subject to certain conditions. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed covered patio. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Brian Bateman, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Senior Planner Senior Planner APPENDIX A: MINOR VARIANCE CONDITIONS 1. That a building permit is obtained from the City of Kitchener's Building Division for the proposed roofed structure. Region of Waterloo April 27, 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 (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. 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. 2715832 Version: 1 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 Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive 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, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority.