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HomeMy WebLinkAboutDSD-18-113 - A 2018-098 - 6 Waterwillow CrtStaff Repod Development Services Department I K;< -,\FR www.ki tch en er. ca 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: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 5 DATE OF REPORT: September 7, 2018 REPORT #: DSD -18-113 SUBJECT: A2018-098 — 6 Waterwillow Court Applicants — Biljana Ivanovic Recommendation: Approve with Conditions Location Map: 6 Waterwillow Court REPORT Planning Comments: The subject property located at 6 Waterwillow Court is zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow a setback of 5.0 metres from the rear lot line, whereas 7.5 metres is required, and a setback of 3.0 metres from the side yard abutting a street, whereas 4.5 metres is required, to facilitate a 2 -storey duplex addition. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Staff notes that a previous variance application requesting relief from the rear yard setback requirements was recommended for refusal by Planning staff and subsequently refused during the July Committee of Adjustment meeting (A2018-060). Front and side yard of 6 Waterwillow Court Approximate location of proposed duplex addition City Planning staff conducted a site inspection of the property on August 28, 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 offers the following comments. 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 requested variances to permit a reduced rear yard and side yard abutting a street setback is appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood. The proposed variances conform to the designation and it is the opinion of staff that the requested variances are appropriate and meet the general intent of the Official Plan. 2. Rear Yard Reduction The requested variance to have a rear yard setback of 5.0 metres rather than the required 7.5 metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide outdoor amenity space as well as adequate separation from neighbouring properties. A visual of the proposed duplex addition is shown below: Visual of proposed addition (duplex) in relation to adjacent properties The rear yard amenity space for the subject lands would be reduced with the proposed duplex addition, compounded by the reality that the number of units on the property using amenity space is increasing from 1 to 2. However, in addition to the remaining 5.0 metres of rear yard, the property is a corner lot, and there is significant side yard abutting a street remaining which could compensate for the reduced rear yard. The applicant submitted supporting drawings with the variance application to demonstrate where the amenity space could be provided. As mentioned, staff recommended refusal for a reduced rear yard of 4.0 metres at the July Committee of Adjustment meeting. The grounds for the recommendation of refusal were that the resulting 2 -storey duplex addition would negatively impact the rear yard amenity space for the neighbouring 2 Waterwillow Court, resulting in a sense of enclosure of their rear yard. The current proposal seeks a rear yard of 5.0 metres, which provides an additional 1.0 metre of rear yard than what was proposed for the July meeting. While staff maintain that the proposed addition will result in a partial enclosure of the rear yard of the adjacent 2 Waterwillow Court, the rear yard setback of the duplex addition at the nearest point to 2 Waterwillow Court is 5.33 metres which, although a minor difference, is more ideal than 5.0 metres at the most severe area of impact. Furthermore, as 2 Waterwillow Court is also a corner lot, they have the benefit of an `open' side yard abutting the street, which further mitigates any sense of enclose that the duplex addition on the subject property may cause to 2 Waterwillow Court. To ensure the impacts of the proposed duplex are as limited as possible, staff have added a condition of approval that the proposal be built with the setbacks shown on the plans submitted with the applicant's minor variance application, attached as `Appendix A' to this report. Staff acknowledges the peculiar lot fabric of the subject property and adjacent properties and notes staff's initial hesitancy to support a reduced rear yard setback to the extent proposed. Staff emphasises this is a unique scenario and should not be regarded as precedence for future rear yard setback reductions. The subject lot is a corner lot and the adjacent property (2 Waterwillow Court) is also a corner lot — this is very uncommon. The rear yards of both properties abut the side yard of 118 Wilderness Drive and thus have few to no negative impacts to this side yard, as the side yard is primarily intended for access only. Staff ultimately became comfortable supporting the proposed rear yard setback reduction as both the subject property and the neighbouring 2 Waterwillow Court have a side yard abutting the street which can help mitigate the impacts of the proposed addition to both properties. Side Yard Abutting a Street Reduction The requested variance to have a side yard abutting a street of 3.0 metres rather than the required 4.5 metres meets the general intent of the Zoning By-law. The intent of the 4.5 metre setback is to allow sufficient separation between the dwelling and the street to maintain a consistent street edge in residential neighbourhoods and to allow space for landscaping, parking, etc. in the side yard. Staff is satisfied that these objectives are maintained with the proposed variance. The 3.0 metre side yard abutting a street allows sufficient separation between the dwelling and street line. Staff notes that there will be over 6.0 metres between the side of the duplex addition and the curb of the street, albeit with about half of that being within the City right-of-way. It is worth noting that the applicant reduced the side yard abutting a street at the suggestion of staff. This resulted in the possibility of increasing the rear yard from 4.0 metres to 5.0 metres. It is the opinion of staff that this is a trade-off worth making as it allows more space in the rear yard. 3. Staff is of the opinion that requested variances are minor as the approval of the reduced rear yard and side yard abutting a street will not cause significant impacts to the rear yard of 2 Waterwillow Court. To ensure the impacts of the addition are as minor as possible and compatible with the existing dwelling and surrounding properties, staff will require elevations of the addition be approved by Planning staff in advance of the issuance of a building permit. As discussed extensively in the second test, the proposed impacts of a duplex addition with a reduced rear yard and reduced side yard abutting a street are minor with regards to impacts to neighbouring properties and conditions of approval added to this variance will further ensure the impacts remain minor. 4. The requested variances are appropriate for the development and use of the land as the proposed addition facilitates the creation of a duplex. Supported by the conditions of approval that staff will recommend, the proposed addition will be compatible with the subject property and the balance of dwellings within the neighbourhood. Staff is of the opinion that the proposal is consistent with the low density development of the neighbourhood. Based on the foregoing, Planning staff recommends the variance of this application be approved with conditions. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed rear yard addition and change of use is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: The subject property has a tree in the rear yard and 3 street trees along Waterwillow Court. The tree within the rear yard will need to be removed to facilitate the addition. The street trees will need to be protected during construction of the addition. If approved, please apply the Standard Minor Variance Condition for the protection of street trees. RECOMMENDATION A. That Minor Variance Application A2018-098 requesting relief from Section 38.2.1 of the Zoning By-law to permit a rear yard setback of 4.0 metres, whereas 7.5 metres is required, and to permit a side yard abutting a street of 3.0 metres, whereas 4.5 metres is required, be approved subject to the following conditions: 1. That the setbacks of the addition are built in accordance with the setbacks shown on the plan attached as `Appendix A'; 2. That a site plan showing the location of the proposed single detached dwelling on the lot and elevation drawings showing the proposed addition be submitted to the satisfaction of the Director of Planning, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit; 3. That the Owner ensures any boulevard protected during construction to the Planning. That prior to the issuance satisfactory arrangements financial or existing boulevard trees adjacent to the City's Operations; and, trees identified by the City for retention are satisfaction of the City's Operations and of a building permit, the Owner makes otherwise for any relocation/removal of any subject property to the satisfaction of the 4. That a building permit be obtained for the proposed addition and change of use by October 1, 2019. Richard Kelly-Ruetz, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Appendix A - Plan of Proposed Addition in Rear Yard of 6 Waterwillow Court NJ cc r, 000oo, WIT r` WATE RW I LLOW f� by registered plan 1 822) Ne Iry ( PI & SET) �s i 03'45"E�0��� IB 7.963 P.C. 01-y PROPERTY LINE OD 7.5m m DRIV-WAY w 12A9m P.D. T.F.=346.61 6Orn 0 c 7.� &, Q Q V 1 EXISTIN 6i Gp DETACHED z w DWELLING L1N11 x z � 949.8sq.ft, CID n/ W FOOTPRINT+ a t LLi F 3 0 AREA W a j1 0 0. 67M to 0. O _J w - yam PROPOSED 502 sqt. ) 542 sq.P.. ) FOOTPRINT AREA PROPERTY LINE 19.2m 6 WATERWILLiW CT, KITCHENER PROPOSED SITE PIAN ADDITION 11/0812018 Orawing # I 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.