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Home My WebLink AboutDSD-18-057 - A 2018-057- 901 Pebblecreek CourtStaff Report Development Services Department 1 w_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: July 17, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Alison Bucking, Student Planner— 519-741-2200 ext.7074 WARD: 2 DATE OF REPORT: July 9, 2018 REPORT #: DSD -18-057 SUBJECT: A2018-057 -901 Pebblecreek Court Owner —Alvin Pooran Applicant — Paul Gerassime Approve with Condition 4�. V IV '0 * 400�t I Location Map: 901 Pebblecreek Court *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 10� REPORT Planning Comments: The subject property located at 901 Pebblecreek Court is designated Low Rise Residential in the Official Plan and Residential Four (R-4) in Zoning By-law 85-1. The subject property is located at the intersection of Pebblecreek Court and Pebblecreek Drive and contains a single detached dwelling. The applicant is proposing to construct a 2 -storey rear addition on the existing single detached dwelling. The applicant is requesting relief from Section 38.2 of Zoning By-law 85-1 to permit a side yard abutting a street setback of 4.3 metres whereas Zoning By-law 85-1 requires a minimum side yard abutting a street setback of 4.5 metres and a rear yard setback of 5.8 metres whereas Zoning By-law 85-1 requires a rear yard setback of 7.5 metres. City Planning staff conducted a site inspection of the property on July 4, 2018 901 Pebblecreek Court View of the Rear Yard from the Street at 901 Pebblecreek Court 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 subject property is designated Low Rise Residential in both the 1994 and 2014 Official Plan. The 2014 Official Plan designation is in effect, however a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore, are not being relied upon for this report. Instead, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. It is the opinion of staff that the requested variance for the rear addition meets the general intent of the Official Plan designation as it maintains the intended low overall intensity of use of the Low Rise Residential designation. 2. The subject property is zoned Residential Four (R-4). The applicant is requesting a minor variance to permit a side yard abutting a street setback of 4.3 metres whereas Zoning By-law 85-1 requires a minimum side yard abutting a street setback of 4.5 metres and a rear yard setback of 5.8 metres whereas Zoning By-law 85-1 requires a rear yard setback of 7.5 metres. It is the opinion of staff 0.2 metres street side yard setback is minor and will not impact the visibility of cars approaching the intersection of Pebblecreek Court and Pebblecreek Drive. In reference to the rear yard setback, the purpose of the 7.5 metre rear yard setback is to provide adequate amenity space and ensure an adequate separation distance between dwellings. The 1.7 metre reduction from the required 7.5 metre rear yard setback is minor, as the proposed 5.8 metre rear yard setback will continue to provide adequate separation distance between dwellings and adequate amenity area. Therefore these variances meet the general intent of the Zoning By-law. 3. The variance for reduction in side yard abutting a street setback is considered minor because there is very little impact expected to the neighbouring properties and it does not impact the visibility to the intersection. The variance for reduction in rear yard setback is considered minor because it does not impact the functionality of the lands and provides a sufficient setback from the rear neighbouring property line. 4. The proposed minor variance is considered appropriate for the use and development of the land. The proposed single detached dwelling retains the low density residential use and is in keeping with the low density character of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below 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 proposed rear yard addition is obtained prior to construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application.. Engineering Comments: Engineering Services has no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Operations Comments: Operations has no concerns with the proposed application. RECOMMENDATION That application A2018-057 requesting a minor variance to permit a side yard abutting a street setback of 4.3 metres whereas Zoning By-law 85-1 requires a minimum side yard abutting a street setback of 4.5 metres and a rear yard setback of 5.8 metres whereas Zoning By-law 85-1 requires a rear yard setback of 7.5 metres, be approved, subject to the following condition: 1. That a building permit is obtained from the Building Division for the proposed addition to the single detached dwelling. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo July 04, 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 (5) /VAR KIT, 8141362 Ontario Inc. (8) /VAR KIT, Michael Prendiville (11) /VAR KIT, Goran and Milena Gligorovic Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 901 Pebblecreek Court (A 2018-057): No concerns. 2. 352 Maple Avenue (A 2018-058): No concerns. 3. 39 Susan Crescent (A 2018-059): No concerns. 4. 6 Waterwillow Court (A 2018-060): No concerns. 5. 1 Adam Street (A 2018-061): No concerns. 6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns. 7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns. 8. 304 Park Street (A 2018-064): No concerns. 9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns. 10.105 Mt. Hope (A 2018-067 & A 2018-068): No concerns. 11. 44 Fifth Avenue (A 2018-069): 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. Document Number: 2769561 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 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE July 5, 2018 YOUR FILE: See below Applications for Minor Variance: A 2018-057 901 Pebblecreek Court A 2018-058 352 Maple Avenue A 2018-059 39 Susan Crescent A 2018-060 6 Waterwillow Court A 2018-061 1 Adam Street A 2018-063 Doonwoods Crescent A 2018-064 304 Park Street A 2018-065 101 Mount Hope Street A 2018-066 101 Mount Hope Street A 2018-067 105 Mount Hope Street A 2018-068 105 Mount Hope Street A 2018-069 44 Fifth Avenue Applications for Consent: B 2018-044 43 Barclay Avenue B 2018-047 239 Wellington Street North B 2018-048 Weichel Street at Victoria Street South B 2018-049 Weichel Street at Victoria Street South B 2018-050 Weichel Street at Victoria Street South B 2018-051 304 Park Street B 2018-052 101 Mount Hope Street B 2018-053 105 Mount Hope Street B 2018-054 44 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 "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.