HomeMy WebLinkAboutDSD-18-110 - A 2018-095 - 1110 New Dundee RdStaff Repoil K;x &�R
Development Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18th, 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: 4
DATE OF REPORT: September 10th, 2018
REPORT #: DSD -18-110
SUBJECT: A2018-095 — 1110 New Dundee Road
Applicant — Rob Sajkunovic
Approve with Conditions
Location Map: 1110 New Dundee Road
*** 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 1110 New Dundee Road is zoned Agricultural Zone (A-1) in the
Zoning By-law 85-1 and designated Low Rise Residential in the 2014 Official Plan. Staff
conducted a site inspection of the property on September 5th, 2018.
The applicant is requesting relief from Section 34.3.2 of the Zoning By-law to construct a
detached garage with a rear yard setback of 1.2 metres whereas the By-law requires a rear yard
setback of 10 metres and; a side yard setback of 1.2 metres whereas the By-law requires a side
yard setback of 7.5 metres. The applicant is also requesting relief from Section 6.1.1.1 (B)(h) to
allow for a driveway width of 20.7 metres rather than the maximum permitted driveway width of
8 metres.
View of Proposed Location for Detached Garage (shed to be demolished)
(September 5th, 2018)
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 variances meet 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 detached garage maintains this intent.
2. The requested variances for yard setbacks meet the general intent of the Zoning By-law.
The intent of the regulations that require a side yard setback of 7.5 metres and a rear yard
setback of 10 metres is to limit adverse impacts on neighbouring properties. Along with
single detached dwelling, the regulation encompasses uses such as canine boarding and
farm equipment repair which possess the potential to create adverse impacts to
neighbouring properties. In this case, the proposed building is to be a detached garage
accessory to a single detached dwelling used for personal vehicle storage. In addition, the
closest building on a neighbouring property to the side or rear is over 200 metres away.
Staff believes that the impacts from the proposed use will not create an adverse impact on
neighbouring properties and therefore the requested variances for yard setbacks meet the
general intent of the Zoning By-law.
The requested variance for driveway width meets the general intent of the Zoning By-law.
The intent of the regulation that limits driveway sizes to 8 metres is to preserve the
aesthetics of the streetscape by not allowing the front yard to be dominated by the
driveway. In this situation, the detached garage is proposed to be built near the rear of the
property, and the driveway is to widen out to match the width of the garage. The width of
the driveway at the street is only approximately 8 metres wide, and begins to widen out well
into the property at a point that is not visible from the street. Therefore, Staff believes that
street aesthetics can be preserved and therefore the general intent of the Zoning By-law is
met.
3. The proposed variances are considered desirable and appropriate for the development
and use of the lands. Given the use of the property and the character of the surrounding
properties, Staff considers the proposed location of the detached garage and the width
of the driveway appropriate.
4. The variance is considered minor. The proposed building is to be used for vehicle
storage and Staff consider any impacts to be minor.
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. Application has been made for
the detached garage is currently under review
Transportation Services Comments:
Transportation Services have no concerns with the proposed application, as the submitted plan
notes the existing driveway at New Dundee Road will remain the same.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
A number of trees are within the vicinity of the proposed garage. Also, the rear portion of the
property is regulated by the GRCA as being within 120 m of a wetland. A permit may be
required.
RECOMMENDATION
That application A2018-095 requesting permission to construct a detached garage in the
rear yard of an existing single detached dwelling having a rear yard setback of 1.2m
rather than the required 10m; to have an easterly side yard setback of 1.2m rather than
the required 7.5m; and, to have a driveway width of 20.7m rather than the permitted
maximum driveway width of 8m be approved, subject to the following conditions:
1. That a building permit is obtained from the Building Division prior to any
construction.
2. That in light of the treed nature of the property and the proximity of trees in
shared ownership, the owner shall prepare a Tree Preservation Plan for the
lands in accordance with the City's Tree Management Policy, to be
approved by the City's Director of Planning and where necessary,
implemented prior to any grading, tree removal or the issuance of building
permits. Such plans shall include, among other matters, the identification
of a proposed building envelope/work zone, building elevation drawings,
landscaped area and vegetation to be removed and/or preserved. The
owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's
Director of Planning.
Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
August 31, 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
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): 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.
Document Number: 2815510
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
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thug hes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
September 10, 2018 A 2018-095 - 1110 New Dundee A2018-095 - 1110 New Dundee
Road Rd
RE: Application for Minor Variance A 2018-095
1110 New Dundee Road, City of Kitchener
Sam Azemaj
GRCA COMMENT*:
Grand River Conservation Authority (GRCA) staff have no objection to the above noted minor
variance. Based on current plans, a GRCA permit is required prior to development. Please see
our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available in this office indicates that a portion of the property is within
the 120 metre regulatory allowance adjacent to an offsite wetland (the Provincially
Significant Roseville Swamp Cedar Creek Wetland Complex). A copy of our resource
mapping is attached.
2. Legislative/Policy Requirements and Implications:
Due to the above feature, a portion of the property is regulated by the GRCA under Ontario
Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses Regulation.
It is our understanding that the purpose of this application is to allow construction of a
detached garage at the back of the property and extending the existing driveway to the
proposed garage location. Based on our review of the above noted application, we have no
objection to the minor variance.
Based on our review of the Site Plan (Drawing AO) prepared by JR Design and Consultants
(last revised August 8, 2018), development is proposed within the GRCA regulated area.
Therefore, a permit from GRCA will be required prior to grading/construction, as per Ontario
Regulation 150/06. The permit process involves the submission of a permit application to
our office, the review of the application by Authority staff and the subsequent
approval/refusal of the permit application by the GRCA. A GRCA permit can be applied for
with the proposed plans through our website at www.Qrandriver.ca.
3. Plan Review Fees:
This application is a `minor' minor variance application and the applicable plan review fee is
$260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$260.00.
Page i 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 is applied 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
Encl.
cc: Sam Azemaj, 1110 New Dundee Road, Kitchener, ON N2P 2P2
Rob Sajkunovic, JR Design and Consultants, 198 Avalon Place, Unit B, Kitchener, ON
N2M 4N8
Page 2 of 2
* These comments are respec fully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
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