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Home My WebLink AboutDSD-19-192 - A 2019-083 - 103 Simeon StStaff Repod Development Services Department K;`�FR www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 10 DATE OF REPORT: August 9, 2019 REPORT #: DSD -19-192 SUBJECT: A2019-083 — 103 Simeon St Applicant — Devon Wagler Approve Location Map: 103 Simeon Street REPORT Planning Comments: The subject property located at 103 Simeon Street is zoned Residential Four (R-5) with Special Use Provision 129U in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to construct a rear yard addition and is requesting relief from Section 39.2.1 of the Zoning By-law to allow for a rear yard setback of 3.5 metres, whereas 7.5 metres is required. As shown in the photo below (right), there is an existing addition in the rear yard. This addition will be demolished and replaced with a new addition which will project slightly more into the required rear yard. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The existing rear yard addition (right) will be replaced by a new addition which will project another —0.5 metres into the rear yard City Planning staff conducted a site inspection of the property on August 1, 2019. 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. 1. General Intent and Purpose of Official Plan Test 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 reduce the rear yard is appropriate and will continue 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. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a rear yard setback at 3.5 metres, whereas 7.5 metres is required, meets the general intent of the Zoning By-law. The purpose of a rear yard setback of 7.5 metres is to provide an outdoor amenity space, as well as adequate separation from neighbouring properties. Staff notes that the existing rear yard is already well below the required 7.5 metres, and a large majority of the existing amenity space in the rear yard of the subject property will remain. Many of the neighbouring properties also have reduced rear yards. It is the opinion of staff that the proposed rear yard setback of 3.5 metres will continue to allow for an adequate amenity space and will not negatively impact adjacent properties. 3. "Minor" Test The variance can be considered minor as the reduced rear yard setback will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed rear yard addition will maintain sufficient outdoor amenity space and is only slightly larger than the existing addition which will be replaced. The proposed reduced rear yard will likely not function or appear significantly different than the existing condition. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed addition with a reduced rear yard is consistent with the low density development of the neighbourhood. Many of the adjacent properties also have reduced rear yards. The new addition will project only slightly beyond the existing building and the marginal increase is appropriate. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the addition to the single detached dwelling and is currently under review. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has reviewed the minor variance application and do not have any concerns. Please note that the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 103 Simeon Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-083 requesting relief from Section 39.2.1 of the Zoning By-law to permit an addition to have a rear yard setback of 3.5 metres, whereas 7.5 metres is required, be approved. Richard Kelly-Ruetz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 01, 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 August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West 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 xThese 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