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Home My WebLink AboutDSD-19-016 - A 2019-006 - 925 Thomas Pedder CrtStaff Report Dcvolopment Services Department K -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: Katie Anderl, Senior Planner— 519-741-2200 ext. 7987 WARD: #4 DATE OF REPORT: January 7, 2019 REPORT #: DSD -19-016 SUBJECT: A2019-006 — 925 Thomas Pedder Court Owner — Activa Holdings Inc. Applicant — MHBC Planning Recommendation: Approve Location Map: 925 Thomas Pedder Court aau r _ - ILI ' -�x *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. -r aau r _ - ILI ' -�x *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Photo 1 — 925 Thomas Pedder Court (December 20, 2018) Photo 2 —View from New Dundee Road REPORT Planning Comments: The subject property is located at 925 Thomas Pedder Court and is proposed to be developed with a single detached dwelling. The owner is proposing a variance to reduce the rear yard setback from 7.5 metres to 7.0 metres. The rear property line is bounded by a 2.0 metre high noise wall, beyond which is a Regional landscape buffer. Through the development of the subdivision, the noise wall was inadvertently constructed on the subject lands, rather than being wholly located within the Regional buffer as required. To rectify this situation the Regional landscape buffer and maintenance access easement has been widened by 0.8 metres. The resulting minor change in lot depth has affected the planned building envelope for the subject lands and as a result the owner is proposing a rear yard setback of 7.0 metres rather than 7.5 metres. 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 lands are designated Low Rise Residential in the City's Official Plan which permits the proposed single detached dwelling. The minor change to the rear yard setback maintains the general intent of the Official Plan. The subject lands are zoned Residential Four Zone (R-4), 669R, 448U. The proposed single detached dwelling is permitted. The intent of the 7.5 metre rear yard setback is to ensure appropriate private amenity space for residents and to ensure appropriate separation from rear yard property owners. The subject lot is pie shaped with a rear lot width greater than 40 metres. As shown on the variance sketch, the design of the rear wall of the building is irregular and there are only two instances where points of the rear wall is located closer than 7.5 metres to the rear lot line. Staff is of the opinion that there is sufficient private amenity space for future residents. The subject property backs onto a Regional landscape buffer and New Dundee Road and there are no rear yard neighbours. The rear yard setback and Regional buffer will provide at least 15 metres separation between the building and the New Dundee Road property line (staff notes that a 12.0 metre separation is generally considered appropriate for homes backing onto an arterial road). Further, there is a grade change and noise wall which physically separate the subject lot from New Dundee Road as well. In accordance with the foregoing, staff is of the opinion that the general intent of the by-law is maintained, and that the variance is minor and appropriate for the development and use of the lands. Heritage Planning Comments: Heritage Planning staff notes that a portion of the property municipally addressed as 925 Thomas Pedder Court is adjacent to 508 New Dundee Road which is a designated property under Part IV of the Ontario Heritage Act. However, based on the nature of the application, there are no heritage planning concerns. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed addition 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 subject application. Engineering Comments: Engineering has no concerns with the subject application. RECOMMENDATION That application A2019-006 to permit a rear yard setback of 7.0 metres rather than 7.5 metres be approved. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, 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. 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: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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.