HomeMy WebLinkAboutDSD-19-086 - A 2019-035 - 186 Kent Ave1
Staff Report
-Ki IC HENER Community Services Department www.krtchenerca
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: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844
WARD: 9
DATE OF REPORT: April 9, 2019
REPORT #: DSD -19-086
SUBJECT: A 2019-035 — 186 Kent Avenue
Owners — 2598198 Ontario Limited / Sandra Bromberg
Approval with Condition
REPORT
Planning Comments:
The property is zoned Residential Five (R-5) in By-law 85-1 and is designated as Low Rise Conservation
in the Mill Courtland Woodside Park Neighbourhood Plan. Staff visited the site on April 9, 2019.
The owner is requesting permission to reconstruct a covered front porch for an existing single detached
dwelling that is 0.94 above grade having a front yard setback of 2.39 metres rather than the required 4.5
metres; having a side yard setback abutting Kennedy Avenue of 2.6 metres rather than the required 4.5
metres; to permit the porch to be located 2.1 metres into the Corner Visibility Triangle (CVT) whereas the
By-law does not permit encroachments into the CVT; to permit the porch to be located 1.5 metres into
the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT;
and, to permit new stairs to be 0.94 metres high located within 3 metres of a street line whereas the By-
law only permits stairs to be a maximum of 0.6m in height when located within 3 metres of a street line.
It is noted that the existing porch has been on the property for many years without issues. The
reconstructed porch will be in the same location but it will have a slightly larger footprint (as shown in the
drawing submitted with the application).
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 the Official Plan
The proposed variances meet the general intent of the Official Plan. The subject property is designated as
Low Rise Conservation in the of the City's 1994 Official Plan. The proposed variances meet the intent of the
designation which is to retain the existing low rise, low density, primarily detached housing stock. The
requested variances to reconstruct a porch are appropriate for the area and continues to maintain the low-
density character of the property and surrounding neighbourhood.
General Intent of the Zoning By-law
The proposed variances meet the general intent of the Zoning By-law. The owner has advised that the
existing stairs are in need of repair, and as the stairway is curved, it does not meet current building code and
is a safety concern. The reconstructed porch will have stairs that are safer and function better than what
currently exists. The intent of the setback regulations for porches and stairs is to ensure an adequate
separation from the public street while also encouraging `eyes on the street' in the neighbourhood. Itis noted
that the proposed setbacks will continue to provide an adequate separation distance to the sidewalk. Though
the porch is to be located inside the CVT, the main portion of the existing building is already located in the
CVT and there has been no concerns to date regarding the visibility. In regards to the DVT, Traffic staff is
in support of the proposed changes provided that the railing being installed provides unobstructed visibility.
Staff is of the opinion that the general intent of the bylaw is met.
Variance is minor
The requested variances will maintain a sufficient setback from the public realm in order to provide privacy
for the occupants and also to ensure that the use of the porch will not negatively impact pedestrians using
the sidewalk. As noted above, there are no visibility concerns with the proposed porch and stairs in the
DVT or CVT. Therefore staff are of the opinion that the variance is minor.
Variance is appropriate and desirable
The proposed variances are appropriate for the development of the property and the surrounding
neighbourhood. With the proposed renovations, the occupants will be able to make better use of the porch
as an outdoor amenity area while still maintaining a sufficient setback to the street. The proposed renovation
blends in well with the character of the residential neighbourhood.
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions noted in the Recommendation section below.
Building Comments: The Building Division has no objections to the proposed variance provided a building
permit for the front porch is obtained prior to construction. Please contact the Building Division @ 519-741-
2433 with any questions.
Transportation Services Comments: Transportation Services supports the encroachment of the
proposed porch into the corner visibility triangle (CVT), as there is an existing no parking anytime
prohibition on the west side of Kent Avenue between Courtland Avenue East and Hurst Avenue which
provides enhanced visibility of pedestrians and vehicles.
Transportation Services supports the proposed porch encroaching into the DVT, provided that the railing
being installed provides unobstructed visibility.
Engineering Comments: No concerns.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No natural heritage concerns. N.B. The front of the lot is located within the flood fringe of Shoemaker
Creek which is regulated by the GRCA.
RECOMMENDATION:
That application A 2019-035 to reconstruct a covered front porch on an existing single detached
dwelling that is 0.94 above grade having a front yard setback of 2.39 metres rather than the
required 4.5 metres; having a side yard setback abutting Kennedy Avenue of 2.6 metres rather
than the required 4.5 metres; to permit the porch to be located 2.1 metres into the Corner Visibility
Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; to permit the
porch to be located 1.5 metres into the Driveway Visibility Triangle (DVT) whereas the By-law does
not permit encroachments into the DVT; and, to permit new stairs to be 0.94 metres high located
within 3 metres of a street line whereas the By- law only permits stairs to be a maximum of 0.6m
in height when located within 3 metres of a street line, be approved subject to the following
conditions:
1) That a building permit for the porch be submitted to the Building Division;
2) That the railings for the proposed porch provide unobstructed visibility; and,
3) That condition #1 above be completed by October 1, 2019. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate) prior to completion date set out in this decision. Failure to complete the
conditions will result in this approval becoming null and void.
Sheryl Rice Menezes, CPT
Planning Technician (Zoning)
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 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician Fax: (519) 621-4945
E-mail: aherreman@grandriver.ca
PLAN REVIEW REP -ORT: City of Kitchener
HOliv Dvson
DATE: April 8, 2019 YOUR FILE: A 2019-035
GRCA FILE: A2019-035 —186 Kent Avenue
RE: Minor Variance Application A 2019-035
186 Kent Avenue, City of Kitchener
2598198 Ontario Ltd.
GRCA COMMENT:
Grand River Conservation Authority (GRCA) staff have 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 a portion of the subject property is
within the flood fringe portion of the floodplain associated with Schneider Creek. A portion
of the property is also within the regulated allowance adjacent to the floodplain.
2. Legislative/Policy Requirements and Implications
This reach of floodplain has been designated as a Two -Zone Floodplain Policy Area. In
Two -Zone areas, the floodplain is comprised of two sections - the floodway and the flood
fringe. The flood fringe lies between the floodway and the edge of the floodplain. Depths and
velocities of flooding in the flood fringe are much less than those in the floodway, allowing
for limited development to occur.
Due to the presence of the floodplain, a portion of this property is regulated by the GRCA
under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations
to Shorelines and Watercourses Regulation.
Any future development within the regulated area on the property will require prior written
approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. The
permit process involves the submission of a permit application to our office, the review of the
application by Authority staff and the subsequent approvallrefusal of the permit application
by the GRCA.
3. Plan Review Fees
This application is considered 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.
Page 1 of 2
We trust this information is of assistance. If you have any questions or require additional
information please contact the undersigned.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
C.C. 2598198 Ontario Ltd. c/o Sandra & Hardy Bromberg —107 Maplelawn Drive, St. Jacobs, ON
NOB 2N0
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority.
Page 2 of 2
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