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Home My WebLink AboutDSD-19-080 - A 2019-029 - 150 Eaglecrest StStaff Repod Development Services Department I www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16th, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Christian Tsimenidis, Student Planner - 519-741-2200 ext. 7074 WARD: #2 DATE OF REPORT: April 8th, 2019 REPORT #: DSD -19-080 SUBJECT: A2019-029 — 150 Eaglecrest Street Applicant — Dino Lopes Approve NI Location Map: 150 Eaglecrest Street *** 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 is zoned Residential Six Zone (R-6) with Special Regulation Provision's 306R and 307R. The property is also designated Low Rise Residential in the City's 2014 Official Plan. City Planning staff visited the site on April 2, 2019. The applicant is seeking relief from Section 40.2.2 of the Zoning By-law to legalize an enclosure around an existing second storey balcony that has a rear yard setback of 3.73 metres rather than the required 5.73 metres. While the rear yard setback for single detached dwellings in an R-6 zone is 7.5 metres, it is important to note that a variance was approved in 2015 prior to construction of the building. This variance allowed for the construction of a single detached dwelling with a covered deck, having a rear yard setback of 5.73 metres rather than the required 7.5 metres. Rear of the subject property 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. General Intent of the Official Plan The subject property is designated Low Rise Residential in the City's 2014 Official Plan. This intent of this designation is to preserve the scale, use and intensity of the existing neighbourhood. The requested variance to legalize an enclosure around an existing second storey continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the proposed variance meets the general intent of the Official Plan designation. 2. General Intent of the Zoning By-law The proposed variance meets the intent of the Zoning By-law. The intent of the 7.5 metre rear yard setback is to ensure that there is a sufficient distance from neighbouring properties so that they do not negatively impact neighbours and also to provide an adequate amenity space in the backyard. The proposed rear yard setback of 3.73 metres is a reduction of 3.77 metres and will not impact the abutting lot to the rear, which is the Kiwanis Park Natural Area zoned Public Park Zone. 3. Is the Variance Minor? The variance is considered minor. Staff is of the opinion that the reduction in setback will still provide an adequate distance between the addition and the rear property line, as well as sufficient space for an outdoor amenity area. 4. Is the Variance Appropriate? The proposed variance is considered appropriate for the development and use of the lands. Staff is of the opinion that the proposed 3.73 metres rear yard setback will not negatively impact the use of the property or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the enclosure over the existing deck is obtained. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No comments. RECOMMENDATION That application A2019-029 requesting relief from Section 40.2.2 of the Zoning By-law to legalize an enclosure around the existing second storey balcony located 3.73 metres from the rear property line rather than the required 5.73 metres be approved. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 02, 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, Sth 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 April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill Street — 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: 2976564 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill 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, CPT 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.