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Home My WebLink AboutDSD-19-081 - A 2019-030 - 176 Woolwich StStaff Repod Development Services Department I K;< -,\FR www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 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: 1 DATE OF REPORT: April 5, 2019 REPORT #: DSD -19-081 SUBJECT: A2019-030 — 176 Woolwich Street Applicants — Craig McCue on Behalf of Stefanie Wright Approved with Conditions R. INV. gyp, :0M Location Map: 176 Woolwich 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 located at 176 Woolwich Street is zoned Agricultural (A-1), and designated Low Rise Residential in the Official Plan. The applicant is proposing to build a garage addition and can no longer meet the requirements of Section 34.3.2 of the Zoning By-law. The applicant is requesting relief to allow an addition to have a side yard setback of 1.2 metres rather than the required 7.5 metres. Further relief is being sought to legalize the existing lot width of 52.5 metres rather than the required 60 metres. City Planning staff conducted a site inspection of the property on March 14, 2019. 176 Woolwich Street 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. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage 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 meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The current A-1 zoning currently requires a 7.5 metre setback from the side lot line to ensure there is adequate separation from the dwelling and lot line for agricultural purposes. The lot in question is surrounded by residentially zoned properties which currently allows for a 1.2 metre setback from the property line. The applicants are looking to create an attached garage that is located 1.2 metre from the side lot line which is consistent with the zoning for the surrounding properties. Furthermore the applicants are looking to legalize the existing lot width of 52.5 metres whereas 60 metres is required. As such, staff is satisfied the requested variance to reduce the side yard setback to 1.2 metres whereas 7.5 metres is required, and to legalize the existing lot width both meet the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The property continues to be used for residential purposes with an agricultural zone. The requested variances 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 provided a building permit for the attac hed garage 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. Environmental Comments: The entire property is regulated by the GRCA. The subject property and adjacent properties are well treed. The location of the proposed addition appears to be within the dripline of a tree located on 168 Woolwich St. Please include the following condition; That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2019-030 requesting permission to build an attached garage to have a side yard setback of 1.2 metres rather than the permitted 7.5 metres, and to allow a lot width of 52.5 metres rather than the required 60 metres, be approved subject to the following conditions: 1. The owner prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning. Tim Seyler, BES Junior Planner 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 PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: April 8, 2019 YOUR FILE: GRCA FILE: A2019-030 — 176 Woolwich Street RE: Minor Variance Application A 2019-030 176 Woolwich Street, City of Kitchener Stefanie Wright and Craig McCue 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 Fax: (519) 621-4945 E-mail: aherrem an@g rand river. ca A 2019-030 GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor variance application. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject lands contain wetlands and the regulated allowance adjacent to the wetlands. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: It is our understanding that the minor variance application is requesting a reduced side yard setback for a proposed addition to the dwelling as well as a reduced lot width. The proposed addition is setback from the wetlands and we do not anticipate any negative impacts to wetlands as a result of the proposed development. Due to the presence of the above -noted features, the subject lands are regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. 3. Plan Review Fees: This application is a 'minor' minor variance application and the applicable plan review fee is $270.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $270.00. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. N:\Resource Management Division%Resource Planning\Waterloo Region\KITCHENER\2019\Minor Variance\A2019-030 - Page 1 of 2 176 Woolwich Street\A2019.030 - 178 Woolwich Street.docx These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Encl. cc: Stefanie Wright & Craig McCue — 176 Woolwich Street, Kitchener, ON N2K 1S6 N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2019\Minor Variance\A2019-030 - Page 2 of 2 176 Woolwich Street\A2019-030 - 176 Woolwich Street.docx * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority 2 L -+✓ r N N Q W o f U Q K U Z -Q, U U Q (� mo n Q K U U m > Q Q 0C7 K lu 0 Q 0- ° v .. ¢ Q m m U o.x°'jE O `�j v T v Co a C N 'o C� o �° Q _ o c m (6 > ti N m ¢ m Q o a m .° On m a nom- .E m a3 U a m Q a K no L T o a) m E Q m Cf)f -o a U emi .K K aoi U' aoi LL ul 0 W �� m ci .a' _a' .a) .a' CJ C7 m m m .m a m ao ao ° I l IJ I,I.I Lf w N a W LU Q <n � in Ca W ® mo [I L7 v N ' j- Q `• . . . . . ..... - ri W ,� i- Q Holly Dyson From: Danielle Ingram <Danielle.ingram@waterloo.ca> Sent: 09 April, 2019 8:12 AM To: Holly Dyson Cc: Andrew Pinnell Subject: Kitchener Committee of Adjustment Notice Hi Holly, The City of Waterloo has no concerns with minor variance applications A2019-030, A2019-033 & A2019-034, and will defer to City of Kitchener planning staff to undertake a full review of each application. Thank you, Danielle Ingram Planning Approvals I Integrated Planning & Public Works I City of Waterloo 1��i 10O REGINA ST. S. 1 PO Box 337, STN WATERLOO WATERLOO, ON, N2J 4A8 P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941 E: danielle.ingram@waterloo.ca www.waterloo.ca I www.twitter.com/citywaterloo www.youtube.com/citywaterloo I www.facebook.com/citywaterloo IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.