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Home My WebLink AboutDSD-19-012 - A 2019-002 - 106 Idle Creek DrStaff Report Development Services Department 1 R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 2 DATE OF REPORT: January 4, 2019 REPORT #: DSD -19-012 SUBJECT: A2019-002 — 106 Idle Creek Drive Applicant — James Abohbot Approved with Conditions MEN— 1pL� CREK op, Location Map: 106 Idle Creek Drive *** 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 106 Idle Creek Drive is zoned Residential Six (R-6) with Special Use provision 179U, and designated Low Rise Residential in the City Official Plan. The applicant is requesting relief from Section 40.2.6 of the Zoning By-law to reconstruct a deck that is higher than 0.6 metres located 1.0 metres from the side property line whereas 2.5 metres is required. City Planning staff conducted a site inspection of the property on January 3, 2019. 106 Idle Creek Drive Rear view (Existing deck to be replaced) 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. 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 side yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. 2. The requested minor variance to have a side yard setback of 1.0 metres rather than the required 2.5 meet the general intent of the Zoning By-law. The purposed of the setback is to provide adequate separation between the deck and adjacent properties, as well as providing access to the rear yard amenity space and maintenance. The reduction of 1.5 metres is minor as the 1.0 metre setback will continue to provide adequate separation. Furthermore, the neighbouring property is parkland and does not contain residential uses. As such, staff is satisfied that the requested variance meets the general intent of the Zoning By-law. 3. Staff is of the opinion that the requested variance is minor and the approval of the side yard setback will not adversely affect the subject property nor will it negatively affect adjacent properties or the overall neighbourhood. 4. The variance is appropriate for the development and use of the land. Staff is of the opinion that the requested variance should not impact any of the adjacent properties or 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 deck for the townhouse unit and is currently under review. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: The rear of the property is within the floodplain and therefore regulated by the GRCA. The City does not have a tree preservation plan / tree saving plan for the property. However, there was a landscape plan approved when the units were built that show dogwoods in the area where the deck is proposed. Environmental Planning can support the proposed variance conditional on the provision of alternate landscaping surrounding the proposed deck. Once the landscaping/planting is complete staff can redline the approved plans on file. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2019-002 requesting relief from Section 40.2.6 to reconstruct a deck that is higher than 0.6 metres located 1.0 metres from the side property line whereas 2.5 metres is required; be approved subject to the following condition: 1. A scoped landscape plan be approved to the satisfaction of the Director of Planning and that the approved plantings be installed. 2. That all conditions shall be completed prior to September 30th, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo January 3, 2019 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 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. 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. Document Number: 2898843 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. Holly Dyson From: Andrew Herreman <aherreman@g rand river.ca > Sent: 07 January, 2019 9:22 AM To: Holly Dyson Subject: A 2019-002 - 106 Idle Creek Drive Good morning Holly, Grand River Conservation Authority staff have reviewed the proposed deck at 106 Idle Creek Drive through the City of Kitchener building permit process. As such, the Grand River Conservation Authority has no objection to the approval of A 2019-002 to allow for a reduced side yard setback for the proposed unenclosed deck. Let me know if you have any questions. Sincerely, Andrew Herreman, CPT I Resource Planning Technician Grand River Conservation Authority 400 Clyde Road, PO Box 729, Cambridge, Ontario N1 R 5W6 (519) 621-2763 x 2228 1 www. g rand river. ca