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Home My WebLink AboutDSD-19-193 - A 2019-084 - 360 Louisa StStaff Report _x Development Services Department wwwkitchener.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: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: August 9, 2019 REPORT NUMBER: DSD -19-193 SUBJECT: Application A2019-084 360 Louisa Street Owners - Renee Joy Rita Meier & Matthew McKinnon Paul Schryer Applicant — Emil Mrzlijak, Losani Homes Approve with Conditions Subject Property REPORT The subject property located at 360 Louisa Street and is part of the Victoria Commons (1 Adam) development. The property has been developed with a street fronting townhouse dwelling. The property is designated as Medium Rise Residential with Special Policy Area 23 and zoned Residential Six (R-6) with Special Regulation Provision 630R and Special Use Provision 198U in the Zoning By-law 85-1. Staff Deport Development Services Department 1 wR wwwki tchener. c a The application is seeking relief from Section 360R to legalize an existing rear yard setback of 5.91 metres whereas 6.0 metres is required, and seeking relief from Section 5.6.a.4.c to legalize a covered deck with a height exceeding 0.6 metres to be within 2.7 metres of the rear lot line, whereas a 4.0 metre setback is required. City Planning staff conducted a site inspection of the property on August 8, 2019. Existing Rear Yard and Covered Deck - 360 Louisa Street Planning Comments: 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 as Medium Rise Residential with Site Specific Policy Area 23. The Medium Rise Residential land use designation permits a range of medium density housing types including townhouse dwellings in a cluster development, multiple dwellings and special needs housing. The requested variance to legalize the existing rear yard and covered deck is appropriate and maintains the character of the property and surrounding neighbourhood. Planning staff are of the opinion that the requested variances meet the intent of the Official Plan. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca General Intent of Zoning By-law 2. The requested variances meet the general intent of the Zoning By-law. The intent of the 6.0 metre rear yard setback requirement is to provide amenity space in the rear yard. The intent of the 4.0 metre setback for a coverage deck is to ensure that outdoor amenity space is adequately separated from an adjacent property. The subject property is part of the comprehensively planned community, along with the adjacent properties, and all townhouses feature rear decks which form a portion of the outdoor amenity space. The existing deck is adjacent to the side yard of the next closest property and there is adequate separation between the dwelling and neighbouring properties. Application is Minor 3. The variances are minor as the legalization of the existing rear yard and covered deck will not create any significant impacts to adjacent properties and the overall neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variance will not impact the existing character of the surrounding neighbourhood as it is consistent with other development in the community. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. A revision to the original application has been made to for the deck to the townhouse and is currently under review. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2019-084 requesting relief from Section 360R to legalize an existing rear yard setback of 5.91 metres whereas 6.0 metres is required, and also seeking relief from Section 5.6.a.4.c to legalize a covered deck with a height exceeding 0.6 metres to be within 2.7 metres of the rear lot line, whereas a 4.0 metre setback is required, be approved. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner 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