HomeMy WebLinkAboutDSD-18-062 - A 2018-062 - 330 Joseph Schoerg CresREPORT TO:Committee of Adjustment
DATE OF MEETING:July 17, 2018
SUBMITTED BY:Julianevon Westerholt, Senior Planner -519-741-2200 ext.7157
PREPARED BY:Sheryl Rice Menezes, Planning Technician –519-741-2200 ext. 7844
WARD:3
DATE OF REPORT:July 6, 2018
REPORT #:DSD-18-062
SUBJECT:A 2018-062–330 Joseph Schoerg Cres
Applicant–Anthony Bocchino
Owner–Deer Ridge Heights Inc/ JHS Properties Inc
Approve with Conditions
Subject Property
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REPORT
Planning Comments:
The property is zonedResidential Two Zone (R-2) with Special Provisions 232U, 254R, 280R and
Open Space Zone (P-2) with Special Provision 1R in By-law 85-1 and is designated as Low Rise
Residential in the 1994 and 2014 Official Plans.As well, the property is designated under Part IV of the
Ontario Heritage Act and is located within the Pioneer Tower West cultural heritage landscape. Staff
visited the site on July 6, 2018.
The owner is requesting permission to construct an addition in the rear yard of a single detached
dwelling having a westerly side yard setback of 1.48 metresrather than therequired 10 metres; and to
allow a parking space located within the attached garage to have a westerly side yard setback of 1.48
metres rather than the required 10 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 offersthe following comments.
The proposed variancesmeet the general intent of the Official Plan.The subject property is designated
Low Rise Residential in both the City’s 1994Official Plan and 2014Official 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 and Part 2, Section 1.6 from the 1994 Official Plan is being reviewed for
compliance.The proposed variance meets the intent of the designation, which encourages a full range of
housingtypes to achieve a low density neighbourhood. The requested variancesto permit a rear yard
addition to an existing single detached dwelling areappropriate for the area and continueto maintain the
low density character of the property and surrounding neighbourhood.
The proposed variancesmeet the general intent of the Zoning By-law.The intent of Special Regulation
254R requiring a 10-metre side yard for both an addition and also for any parking space in the addition is
to ensure that any structure on the property does not negatively impact the Pioneer Tower West cultural
heritage landscape. The proposed side yard reduction to 1.48 metres for the addition has been
reviewed by Heritage Kitchener and Heritage Permit Application HPA 2017-IV-22for reduced side yard
has received approval. Itis noted that Heritage staff confirm that the proposed addition does not
conflict with heritage conservation objectives.
The proposed variances are minor and are appropriate for the development of the property and
streetscape.The proposed westerly 1.48 metre side yard setback maintains a sufficient distance between
the building and the property line to maintain the structure. The easterly side yard will remain at the
existing 13.2 metres side yard setback. As well, Environmental Planning staff has reviewed a Detailed
Vegetation Management Plan and can support the variances. Combined with the comments on the intent
of the by-law above, the proposed addition may be considered minor and does not negatively impact the
streetscape.
Based on the foregoing, Planning staff recommends that this application be approvedsubject to the
conditions noted in the Recommendation section below.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the
proposed rear yard addition and attached garage is obtained prior to construction. Please contact the
Building Division @ 519-741-2433 with any questions.
Transportation Services Comments:
Transportation Services hasno concerns with the proposed application.
Engineering Comments:
No comments.
Heritage PlanningComments:
The subject property is designated under Part IV of the Ontario Heritage Act and is located within the
Pioneer Tower West cultural heritage landscape.
Heritage Permit Application HPA 2017-IV-22 requesting permission to, in part, construct a rear addition
with attached garage at the property municipally addressed 330 Joseph Schoerg Crescent has
received formal heritage approval. Heritage staffhasreviewed the request to permit the rear addition to
have a westerly side yard setback of 1.48 m rather than the required 10 m and to permit the parking
spaces to have a westerly side yard setback of 1.48 m rather than required 10 m, and have no issues
or concerns with the proposed variances. The reduced side yard does not conflict with heritage
conservation objectives, and the placement of the rear addition and attached garage, establishing the
need for the variance is consistent with plans having received heritage approval.
Environmental Planning Comments:
EnvironmentalPlanning (CM) has reviewed the Detailed Vegetation Management Plan prepared by
Stantec dated May 11, 2018 (submitted by Tim McCormick via email on 5/15/2018) and can support the
recommendations and conclusion contained within.
RECOMMENDATION:
That application A 2018-062 requesting permission to construct an addition in the rear yard of a single
detached dwelling having a westerly side yard setback of 1.48 metresrather than the required 10
metres; and to allow a parking space located within the attached garage to have a westerly side yard
setback of 1.48 metres rather than the required 10 metres, be approved, subject to the following
conditions:
1)That a building permitis obtained for the addition;
2)That the addition be in compliance with Heritage Permit Application HPA 2017-IV-22.
3)That the recommendations made in the Detailed Vegetation Plan prepared by Stantec
dated May 11, 2018,be implemented prior to building permit issuance to the satisfaction of
the Director of Planning.
Sheryl Rice Menezes, CPT Juliane von Westerholt, MCIP, RPP
Planning Technician (Zoning) 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
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1R 5W6
Resource Management DivisionPhone: (519) 621-2761 ext. 2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thughes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
July 5, 2018 A 2018-062 330 Joseph Schoerg A2018-062 330 Joseph
Cres. Schoerg Cres
RE: Application for Minor Variance A 2018-062
330 Joseph Schoerg Crescent, City of Kitchener
Deer Ridge Heights Inc. amalgamated with JHS Properties Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted minor
variance. Based on the current plans, a GRCA permit will be required prior to development
within the regulated area. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Based on information available in this office, the majority of the subject property is regulated
by the GRCA due to slope hazards, the floodplain of the Grand River and the associated
allowances around these features.
2. Legislative/Policy Requirements and Implications:
It is our understanding that this application is to allow construction of a garage within the
side yard setback. Based on the sketch prepared by Stantec Consulting Ltd. (revised
September 7, 2017), an addition to the existing residence, a garage, and a covered patio is
proposed, which would be within the slope valley hazard. As such, the proposed
development will need to satisfy our policies in Section 8.3 of the GRCA Consolidated
Policies for Implementing Ontario Regulation 150/06 (available on our website at
www.grandriver.ca).
At this time, we have no objection to the minor variance; however, this does not imply that a
GRCA permit will be issued for this proposed development as additional work is required to
demonstrate that there will be no impacts on the slope. A site-specific geotechnical
assessment is requested to confirm that there will be no impact on the existing or future
slope stability as a result of the proposed development. Prior to any development on the
property, written approval from the GRCA in the form of a permit pursuant to Ontario
Regulation 150/06 is required. Following review of the geotechnical assessment, GRCA will
provide further comments on permit requirements.
3. Plan Review Fees:
fee is
$260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$260.00.
Page 1 of 2
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
A separate fee will be required for a GRCA permit application.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
_____________________________
Trisha Hughes
Resource Planner
Grand River Conservation Authority
cc: Deer Ridge Heights Inc. amalgamated with JHS Properties Inc., 5093 Fountain St. N.,
P.O. Box 249, Breslau, ON N0B 1M0
Anthony F. Bocchino, 210 Deer Ridge Drive, Kitchener, ON N2P 2K5
Page 2 of 2
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority