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Home My WebLink AboutDSD-18-059 - A 2018-059 - 39 Susan CresREPORT TO:Committee of Adjustment DATE OF MEETING:July 17, 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:2 DATE OF REPORT:July 6, 2018 REPORT #:DSD-18-059 SUBJECT:A2018-059–39 Susan Crescent Applicants –Anita & Harsch Khandelwal Approved with Conditions Location Map: 39 Susan Crescent *** 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 39 Susan Crescent is zoned Residential Three (R-3), in the Zoning By- law 85-1 and designated Low Rise Residential inthe City’s Official Plan. The applicant is requesting relief from Section 37.2.1 of the Zoning By-law to legalize an existing setback of 2.9 metres from the rear lotline whereas the By-law requires 7.5 metres. TheCommitteeof Adjustment previously approved Application A2012-061 to legalize the 2.9 metre rear yard setback, however conditions were not met as encroachments on to adjacent lands were required to be removed, and were not removed by the deadline date, and thereforthedecision became null and void. As a condition of the minor variance we required the encroachments to be removed. The applicants are resubmitting the variance application as theyare requestingto build asmall addition at the rear of theproperty that is setback further than the 2.9 metre setback. City Planning staff conducted a site inspection of the property on July 4, 2018. 39 Susan Crescent rear yard setback Requested addition and existing setback of 2.9 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 subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and 1994 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 which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan.The proposed variance meets the intent of the designation, which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood.The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriateand meets the general intent of the Official Plan. 2.The requested minor variance to have arear yard setback of 2.9 metres rather than the required 7.5 metres can beconsidered minor. The purpose of the 7.5 metre setback is to provide outdoor amenity space as well as adequate separation from neighbouring properties. There is a large park space located to the rear of the subject property. It is staff’s opinion that a setback of 2.9 metres would continue to allow outdoor amenity space to be provided and the impact on neighbouring properties is minimal. 3.Staff is of the opinion that requested variances are minor and the approval of the rear yard setback will not adversely affect the subject property nor will it negatively affect adjacent properties orthe surrounding neighbourhood. 4.The requested variance is appropriate for the development and use of the land. Staff is of the opinion that the variance will cause no negative impacts on the surrounding properties within the neighbourhood. Based on the foregoing, Planning staff recommends that this application beapprovedsubject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the addition and is currently under review. Transportation Services Comments: Transportation Services hasno concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No variance should be approved until the matter of the encroachments in the rear yard into the adjacent Lackner Woods (private property) isaddressed. The encroachments have been ongoing as far back as 1997. In order to proceed with the variance it is recommendedthata condition be applied requiring the owners toremove any encroachments prior to the issuance of a building permit. RECOMMENDATION That minor variance application A2018-059requesting relief from Section 37.2.1to permit a rear yard setback of 2.9m whereas 7.5m is required;be approvedsubject to the followingconditions: 1.A building permit be obtained from the City’s Building Division for the proposed addition by April1, 2019 2.That the Owner removes their effects from the lands located east of the subject property prior to the issuance of a building permit, or the variance is null and void. Tim Seyler, BES Juliane von Westerholt, MCIP, RPP Technical Assistant Senior Planner July 04, 2018 Holly Dyson City of Kitchener 200 King Street West File: D20-20/VAR KIT GEN P.O. Box 1118 (5) /VAR KIT, 8141362 Ontario Inc. Kitchener, ON N2G 4G7 (8) /VAR KIT, Michael Prendiville (11) /VAR KIT, Goran and Milena Gligorovic Dear Ms. Dyson: 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЋАЏВЎЏЊ 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 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1R 5W6 Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: July 5, 2018 YOUR FILE: See below Applications for Minor Variance: RE: 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 Page 1 of 1 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.