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Home My WebLink AboutDSD-18-049 - A 2018-051 - 188 Hawkswood DrStaff Report Development Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: June 19th, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 WARD: 1 DATE OF REPORT: June 12th, 2018 REPORT #: DSD -18-049 SUBJECT: A2018-051 — 188 Hawkswood Drive Applicant — Darryl Szusz Approve with Conditions r 11 Location Map: 188 Hawkswood Drive REPORT Planning Comments: The subject property located at 188 Hawkswood Drive is zoned Residential Three Zone (R-3) with Special Regulation Provisions 305R & 307R in the Zoning By-law 85-1 and designated Low Rise Residential in the Official Plan (2014). Staff conducted a site inspection of the property on June 7th, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting relief from Section 37.2.1 in the Zoning By-law to allow for an addition with a rear yard setback of 5.5 metres whereas the minimum rear yard setback is 7.5 metres. 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. 1. 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 proposed addition maintains this intent. 2. The proposed variance meets the general intent of the Zoning By-law. The intent of the 7.5 metre rear yard setback for dwellings is to ensure that there is a sufficient distance between buildings on abutting properties to minimize negative impacts for neighbours and also to provide an adequate amenity space in the backyard. In this situation, the subject property backs on to a park space (River Ridge Community Park) so there are no residential neighbours to the rear of the subject site. Staff believes that the proposed addition will not cause any adverse impacts to the adjacent park and considers the proposed 5.5 metre setback to be sufficient. The proposed addition is to be a "three seasons room" which will be able to function as an amenity area and complement the 5.5 metres of additional outdoor amenity area. In summary, the proposed variance will not adversely impact abutting lands and maintains adequate amenity space and therefore meets the general intent of the Zoning By-law. 3. The proposed variance is considered desirable and appropriate for the development and use of the lands based on the reasons noted above. Staff is of the opinion that the proposed variance will not negatively impact the use of the property or the surrounding neighbourhood. 4. The variance is considered minor as staff is of the opinion that the reduction in setback will still provide an adequate distance between the proposed addition to the dwelling and the rear property line, as well as continuing to provide an adequately sized amenity space. 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 for the 3 -seasons sunroom is obtained prior to construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No concerns, noting the encroachment seen in OnPoint in the rear yard is a tree with stone ring around it. RECOMMENDATION That application A2018-051 requesting permission to construct a sunroom onto the rear of an existing single detached dwelling having a rear yard setback of 5.5m rather than the required 7.5m, subject to the following conditions: 1. That a building permit is obtained from the Building Division for the proposed rear yard addition. 2. That all conditions shall be completed prior to December 31St, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP Junior Planner Senior Planner Region of Waterloo June 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 Re: Committee of Adjustment Meeting on June 19, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 66 Inwood Drive (FN 2018-002): No concerns. 2. 171 Sherwood Avenue (SG 2018-007): No concerns. 3. 5 Wake Robin Drive (A 2018-050): No concerns. 4. 188 Hawkswood Drive (A 2018-051): No concerns. 5. 187 Rivertrail Avenue (A 2018-052): No concerns. 6. 70 Dumart Place (A 2018-053): No concerns. 7. 62 Daniel Avenue (A 2018-054, 055 and 056): 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, ' n Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Document Number: 2747313 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: June 8, 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, Fence and Sign: FN 2018-002 66 Inwood Drive SG 2018-006 101 Frederick Street/40 Weber Street East SG 2018-007 171 Sherwood Avenue Applications for Minor Variance: A 2018-050 5 Wake Robin Drive A 2018-051 188 Hawkswood Drive A 2018-052 187 Rivertrail Avenue A 2018-053 70 Dumart Place A 2018-054 62 Daniel Avenue A 2018-055 62 Daniel Avenue A 2018-056 62 Daniel Avenue Applications for Consent: B 2018-034 to B 2018-040 & B 2018-043 810 Frederick Street B 2018-041 to B 2018-042 62 Daniel 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, � 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 1 Grand River Conservation Authority.