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Home My WebLink AboutDSD-18-085 - A 2018-072 - 47 Water St NREPORT TO:Committee of Adjustment DATE OF MEETING:August21, 2018 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext.7157 PREPARED BY:Sheryl Rice Menezes, Planning Technician –519-741-2200 ext. 7844 WARD:10 DATE OF REPORT:August 14, 2018 REPORT #:DSD-18-085 SUBJECT:A 2018-072–47 Water Street North Owner–Christian Snyder Approve with Conditions Subject Property *** 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 property is zonedCommercial Residential (D-5) and is designated as Commercial Residential in the 1994 Official Plan and as City Centre District in the 2014 Official Plan. It is located on the east side of Water Street North, between Duke Street West and Victoria Street North.The current use as a single detached dwelling is permitted in the D-5 zone. Staff visited the site on August 7,2018. Theowner is requesting permission to reconstruct a deck in the rear yard of an existing single detached dwelling to have a rear yard setback of 0.71 metres rather than the required 4 metres. View from Water Street 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 property is designatedCommercial Residential in the 1994 Official Plan and as City Centre District in the 2014 Official Plan.The 2014 Official Plan Designation is in effect, however a significant numberof policies from the 2014 Official Plan are under appeal and therefore it is not being relied upon for this report.Instead,the Commercial Residential policy from the 1994 Official Plan is being reviewed for compliance.The proposed variance meets the intent of this designation, which permits residential uses,and therefore staff are of the opinion that the general intent of the designation is maintained. The proposed variancemeets the general intent of the Zoning By-law. The intent of the rear yard setback for a deck is to ensure that the use of the deck does not negatively impact the neighouring properties; as well as ensure that there is a sufficient distance around the deck to maintain the structure. The proposed deck and house are both at an angle to the rear lot line and there is only one point that is located 0.71 metres from the rear lot line; the remainder of the deck increases in setback to 1.77 metres from the rear lot line. Although the new deck is tobelargerthan what currently exists, it backs onto the parking lot and driveway of a neighbouring apartment building and will not negatively impact the use of the parking area. In addition, there is adequate area around the base of the proposed structure to maintain the deck when required. Therefore,staff is of the opinion that thegeneralintent of the Zoning By-law is met. The proposed variance is minor and can be considered appropriate for the development of the property and streetscape. As noted above, the proposed deckmeets the general intent of the Zoning By-law and does not appear to negatively impact the neighbouring lands to the rear of the property. There is no impact of the deck on the public realm when considered from the front yard and streetscape. View from neighbouring parking lot at rear of property 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 deck and stairs 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:No comments. Environmental Planning Comments: Construction in the year yard should take into consideration the existing tree (on the adjacent property) and vegetation. An arbourist should be consulted to determine if pruning of branches wouldbe necessary. RECOMMENDATION: That application A 2018-072 requesting permission to reconstruct a deck in the rear yard of an existing single detached dwelling to have a rear yard setback of 0.71 metres rather than the required 4 metres, be approved, subject to the following conditions: 1)That a building permitis obtained for the addition;and, 2)That the above noted condition be completed by March 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning) Senior Planner August 13, 2018 Holly Dyson City of Kitchener 200 King Street West File: D20-20/VAR KIT GEN P.O. Box 1118 (1)/69, Great Canadian Holidays and Coaches. Kitchener, ON N2G 4G7 (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Dear Ms. Dyson: Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment 9. 388 King Street East (A 2018-077): No concerns. 10. 120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЋБЉЋАЍЋ 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, 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: August 10, 2018 YOUR FILE: See below Applications for Signs: RE: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, 31 Young Street & 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North 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. 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 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.