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Home My WebLink AboutDSD-18-117 - A 2018-102 - 70 Windrush Tr1 Staff Report i�TTCHPNPR Community Services Department wwwkitchenercn REPORT TO: Committee of Adjustment DATE OF MEETING: October 16, 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: 4 DATE OF REPORT: September 11, 2018 REPORT #: DSD -18-117 SUBJECT: A 2018-102 — 70 Windrush Trail Applicant — Robert Saikunovic Owner — Marko and Maria Kasumovic Approve with Condition '� _ T r 4-6 4e Subject Property fir REPORT Planning Comments: The property is zoned Residential Three (R-3) in By-law 85-1 and is designated as Low Rise Residential in both of the 1994 and 2014 Official Plans. Staff visited the site on August 28, 2018. The owner is requesting permission to construct an addition in the rear yard of an existing single detached dwelling having rear yard setback of 6.724 metres rather than the required 7.5 metres; and, to legalize an existing driveway width of 8.7 metres whereas the By-law permits a maximum width of 8 metres. E44 _I 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 proposed variance meets the general intent of the Official Plan. The subject property is designated as Low Rise Residential in the of the City's 1994 and 2014 Official Plans. The 2014 Official Plan Designation is in effect, however a significant number of policies from the 2014 Official Plan are under appeal and therefore are not being solely relied upon for this report. Instead, Low Rise Residential policy from the 1994 Official Plan is being reviewed for compliance. The proposed variances meet the intent of the designation which encourages a full range of housing types to achieve a low density neighbourhood. The two requested variances to permit a reduced rear yard setback for an addition and to legalize an existing driveway width are appropriate for the area and continue to maintain the low density character of the property and surrounding neighbourhood. The proposed variances meet the general intent of the Zoning By-law and can be considered minor. The intent of the rear yard setback to ensure that there is sufficient backyard amenity area and that the building setback does not negatively impact the neighbouring properties. The proposed building variance results in a small reduction of the rear yard setback of only 0.776 metres. This will continue to permit a backyard amenity area for the subject property that is useable, as well as not negatively impacting the neighbouring properties. The intent of maximum driveway width is to ensure that there is a balance between driveway and landscaping along the streetscape and that the parking of multiple vehicles does not negatively impact the neighbourhood. The variance is to recognize an existing driveway that is 8.7 metres wide rather than the maximum permitted 8 metres. The variance of 0.7 metres is minor and does not negatively impact the property or streetscape as the total width of this lot is 23.44 metres. Therefore staff is of the opinion that the variances meet the intent of the Zoning By-law and can be considered minor. The proposed variances are appropriate for the development of the property and streetscape. As noted in the reasons above, based on the intent of the by-law being met, and both requested variances being minor, staff are of the opinion that the requested variances are appropriate development for both the property and streetscape. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions noted in the Recommendation section below. Building Comments: The Building Division has no objections to the proposed variance provided a revision to the issued building permit 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. Engineering Comments: No comments. Heritage Planning Comments & Environmental Planning Comments: No comments. RECOMMENDATION: That application A 2018-102 requesting permission to construct an addition in the rear yard of an existing single detached dwelling having rear yard setback of 6.724 metres rather than the required 7.5 metres; and, to legalize an existing driveway having a width of 8.7 metres whereas the By-law permits a maximum width of 8 metres, be approved, subject to the following condition: 1) That a revision to the issued building permit is obtained from the Building Division prior to construction. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, 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.