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Home My WebLink AboutDSD-18-180 - A 2018-136 - 248 Shady Glen CrestStaff Report K A �'m R Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 11th, 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: 5 DATE OF REPORT: December 3, 2018 REPORT #: DSD -18-180 SUBJECT: A2018-136 — 248 Shady Glen Crescent Applicant — Christopher Moonen Approve with Condition Location Map: 248 Shady Glen Crescent REPORT Planning Comments: The subject property located at 248 Shady Glen Crescent is zoned Residential Four Zone (R-4) in the Zoning By-law 85-1 with special regulation provisions 604R, 605R and 612R. The property is designated Low Density Residential One in the Rosenberg Secondary Plan in the 1994 Official Plan. Staff conducted a site inspection of the property on November 9th, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting permission to construct a deck in the rear yard of a single detached dwelling with a rear yard setback of 3.4 metres rather than the required setback of 4 metres. View of Existing Building (November 9t", 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 variance meets the general intent of the Official Plan. The subject property is designated Low Density Residential One in the 1994 Official Plan, as amended by the Rosenberg Secondary Plan. The Rosenberg Secondary Plan emphasizes fostering strong yet appropriate connections between the built form and Natural Heritage/Open Space lands, including creating opportunities of views and vistas to these areas. This property backs on to a wooded area that is designated Natural Heritage Conservation, and the proposed deck is an excellent opportunity to create a view to this nature resource. Therefore, the requested variance meets the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires decks to be setback 4 metres from the rear lot line is to ensure privacy and minimize overlook into abutting properties. In this situation, the subject lot does not back onto another residential property, but rather a wooded area designated Natural Heritage Conservation. Staff does not believe the proposed deck will create any privacy issues, as there is no residential property that abuts the rear lot line of the subject lot. Therefore the requested variance meets the general intent of the Zoning By-law. 3. The proposed variances are considered desirable and appropriate for the development and use of the lands. Staff considers the proposed deck to be desirable and appropriate for the existing property. 4. The variance is considered minor. The requested variance is only 0.6M less than the requirement, which Staff considers to be Minor. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed deck for a single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That application A2018-136 requesting permission to construct a deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.4m rather than the required 4m be approved, subject to the following condition: 1. That a building permit is obtained from the Building Division. Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP Junior Planner Senior Planner Region of Waterloo November 29, 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 No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on December 11, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2018-014 — 321 Fischer Hallman Road — No Concerns 2. SG 2018-015 — 371 Franklin Street North — No Concerns 3. A 2018-126 — 468 Trussler Road — No Concerns 4. A 2018-128 — 24 Crosswinds Drive — No Concerns 5. A 2018-129 — 398 Rivertrail Avenue — No Concerns 6. A 2018-130 — 374, 380 and 384 Prospect Avenue — No Concerns 7. A 2018-131 — 414 and 424 Prospect Avenue — No Concerns 8. A 2018-132 — 114-120 Victoria Street South — No Concerns 9. A 2018-133 — 121 Walter Street — No Concerns 10.A 2018-134 — 76 Grand Flats Trail — No Concerns 11. A 2018-135 — 171 Rivertrail Avenue — No Concerns 12. A 2018-136 — 248 Shady Glen Cres — No Concerns 13. A 2018-137 — 1 Goodrich Drive AKA 1 Chandaria Place — No Concerns 14. A 2018-138 — 242, 254 and 262 Queen Street South — No Concerns 15. A 2018-139 — 16 Chapel Hill Drive — No Concerns 16. A 2018-140 — 405 and 409 Nyberg Street — No Concerns 17.A 2018-141 — 1800 Victoria Street North — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2877629 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Monirul Islam, P.Eng. Transportation Planner (519) 575-4435 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 3, 2018 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2018-014 321 Fischer Hallman Road SG 2018-015 371 Franklin Street North FN 2018-003 626 Blair Creek Drive Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-123 106 Ahrens Street West A 2018-125 810 Frederick Street A 2018-126 468 Trussler Road A 2018-128 24 Crosswinds Drive A 2018-129 398 Rivertrail Avenue A 2018-130 374, 380 & 384 Prospect Avenue A 2018-131 414 & 424 Prospect Avenue A 2018-133 121 Walter Street A 2018-134 76 Grand Flats Trail A 2018-135 171 Rivertrail Avenue A 2018-136 248 Shady Glen Crescent A 2018-137 1 Goodrich Drive/1 Chandaria Place A 2018-138 242, 254 & 262 Queen Street South A 2018-139 16 Chapel Hill Drive Applications for Consent: B 2018-121 59 Irvin Street B 2018-122 20 Victoria Marie Court/15 Prince Albert Boulevard B 2018-124 34 Third Avenue B 2018-126 53 Second Avenue B 2018-127 385 Frederick Street 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, Andrew Herreman Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.