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Home My WebLink AboutDSD-19-195 - A 2019-086 - 258 Edgewater Cres, Unit 8Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: www.ki tch en er. ca Committee of Adjustment August 20, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 2 August 8, 2019 DSD -19-195 A2019-086 — 8-258 Edgewater Crescent Applicants — Werner Leuschner Approve without conditions Location Map: 8-258 Edgewater Crescent *** 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 8-258 Edgewater Crescent is zoned Residential Six (R-6), with Special Regulation Provision 381 R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build an attached structure over an existing deck onto the single detached dwelling. The proposed building addition on the subject property can no longer meet the requirements of the Special Regulation Provision 381 R of the Zoning By-law. The applicant is requesting relief from Special Regulation Provision 381 R of the Zoning By-law to allow an addition to have a rear yard setback of 0.37 metres rather than the required 7.0 metres, and to legalize the existing front yard setback of 4.57 metres rather than the required 5.5 metres. City Planning staff conducted a site inspection of the property on August 2, 2019. 8-258 Edgewater Crescent (Front and Rear view) 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 rear yard setback and legalize the front 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 requested minor variances for a front yard setback of 4.57 metres rather than the required 5.5 meters, a rear yard setback of 0.37m rather than the required 7.0 metres, all meet the general intent of the Zoning By-law. The request for the front yard variance recognizes an existing situation, and no changes to the front yard are proposed. The rear yard requires a 7.0 metres setback from the rear lot line to ensure there is adequate rear yard amenity space. The property in question backs onto Idlewood Creek and there is no development behind it, therefore the reduction in the rear yard setback is not affecting any neighbouring rear yard properties. Furthermore, the addition to the dwelling also does not encompass the entire back yard only the portion that currently has a deck on it. There is still a portion of the rear yard amenity space remaining which will be adequate for the property. It is the opinion of staff that the required variances meet the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the requested variances are minor. The proposed reduction in the rear yard setback will be negligible due to the open space behind the property and will not impact the existing neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The addition of the sunroom as an amenity feature will provide an alternative space for the residents to occupy, and is an appropriate size for the residential area. 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 the building permit for the new 4 season sunroom is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. 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 A2019-086 requesting relief from Special Regulation Provision 381R to allow the addition of a single detached dwelling to be setback 0.37 metres from the rear lot line, whereas 7.0 metres is required; a front yard setback of 4.57 metres whereas 5.5 metres be required; be approved. Tim Seyler, BES Junior Planner Juliane von Westerholt, 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