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HomeMy WebLinkAboutDSD-18-111 - A 2018-096 - 904 Magdalena CrtStaff Report Development Services Department 1 KIR www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 18, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 5 DATE OF REPORT: September 7, 2018 REPORT #: DSD -18-111 SUBJECT: A2018-096 — 904 Magdalena Court Applicants — Robert & Jana Grassing Approved with Conditions V Location Map: 904 Magdalena Court *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. w c�auniarurrc��w REPORT Planning Comments: The subject property located at 904 Magdalena Court is zoned Residential Three (R-3), with Special Regulation Provision 403R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build an attached structure over an existing deck onto the single detached dwelling. The proposed building addition on the subject property can no longer meet the requirements of Section 37.2.1 of the Zoning By-law. The applicant is requesting relief from Section 37.2.1 of the Zoning By-law to allow an addition to have a rear yard setback of 4.85 metres rather than the required 7.5 metres. City Planning staff conducted a site inspection of the property on August 16, 2018. 904 Magdalena 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 offers 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 appropriate and meets the general intent of the Official Plan. 2. The requested variance to permit a rear yard setback of 4.85 metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre rear yard setback requirement is to provide amenity space in the rear yard. The proposed rear yard setback of 4.85 metres will continue to provide sufficient amenity space and adequate separation between the dwelling and neighbouring properties. 3. The variance can be considered minor as the reduced rear yard setback of 2.65 metres will not present any significant impacts to adjacent properties and the overall neighbourhood. 4. The variance is appropriate for the development and use of the land. The requested variance should not impact the existing character of the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject 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 roof structure is currently under review. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2018-096 requesting relief from Section 37.2.1 to allow the construction of an attached roof over an existing deck to be setback 4.85 metres from the rear lot line, where as 7.5 metres is required; be approved subject to the following conditions: 1. A building permit be issued from the City's Building Division for the proposed addition by May 1, 2019 Tim Seyler, BES Junior Planner Juliane von Westerholt, MCIP, RPP 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 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 September 7, 2018 YOUR FILE: See below Applications for Signs: SG 2018-009 236 Mill Street Applications for Minor Variance: A 2018-096 904 Magdalena Court A 2018-097 196 Hickson Drive A 2018-098 6 Waterwillow Court A 2018-099 161 Victoria Street South A 2018-102 70 Windrush Trail A 2018-103 83 Elmsdale Drive A 2018-104 387 King Street East A 2018-105 59 Claremont Avenue A 2018-114 94 Fifth Avenue A 2018-115 44 Franklin Street South Applications for Consent: B 2018-063 to -071 B 2018-072 to -081 B 2018-082 to -096 B 2018-097 to -106 B 2018-107 to -113 B 2018-114 B 2018-115 GRCA COMMENT*: 210 to 242 Rivetrail Avenue 246 to 282 Rivertrail Avenue 125 to 181 Grand Flats Trail 45-53 Valleybrook Drive and 54-78 Valleybrook Drive 94 Fifth Avenue 44 Franklin Street South 124-148 Grand Flats 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 I of I Grand River Conservation Authorith.