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Home My WebLink AboutDSD-19-207 - A 2019-092 - 30 Dieppe AveStaff Repod Development Services Department I K;< -,\FR www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 17, 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 29, 2019 REPORT #: DSD -19-207 SUBJECT: A2019-092 — 30 Dieppe Avenue Applicant — Catherine Annoni-Galvez Approve l 41 4 Subject Property LWT - _ M 14 ,Jr, G •;i Location Map: 30 Dieppe Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. .117 REPORT Planning Comments: The subject property located at 30 Dieppe Avenue is zoned Residential Four (R-4) in Zoning By-law 85- 1 and designated Low Rise Residential in the City's Official Plan. The property contains an existing single detached dwelling. The applicant is proposing to legalize an existing covered front porch addition which is more than 0.6 metres above grade. The property falls within the City's Residential Intensification in Established Neighbourhoods Study area (RIENS). In 2018, additional zoning provisions were added in this area to ensure that new additions to existing dwellings have a front yard setback that is similar to others on the street to protect the existing character. In this case, the subject property's covered front porch projects further into the front yard than what is permitted by the minimum and maximum front yard setbacks. As such, the applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow for a front yard setback of 3.25 metres, whereas a minimum front yard of approximately 5.5 metres and a maximum front yard of approximately 7.5 metres is required. The minimum and maximum setback requirements are `approximate' as no Plan of Survey is available for the subject property or the two adjacent properties. In these cases, staff are only able to estimate the front yard setback requirements based off of aerial imagery which requires a small margin of error. Existing covered front porch to be legalized City Planning staff conducted a site inspection of the property on August 28, 2019. Staff noted during the site inspection that there is an existing concrete paved area in front of the house that is adjacent to the existing driveway. Staff note that this area is not a recognized legal parking space. The legal parking space for the property is in a detached garage at the rear of the property and along the asphalt driveway. A future minor variance would have to be considered to legalize this concrete parking area. 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 front 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 front yard setback at 3.25 metres, whereas a minimum front yard of approximately 5.5 metres and a maximum front yard of approximately 7.5 metres is required, meets the general intent of the Zoning By-law. The purpose of the minimum and maximum front yard setbacks is to maintain a consistent streetscape as the property falls within an area that the City considers an `established neighbourhood'. The covered front porch is only -4 metres wide, whereas the dwelling is -12 metres wide. The overall impacts on the streetscape of the covered front porch with a reduced front yard setback is minimal. The projection of the front porch slightly beyond the `established' building line on Dieppe Avenue does not have a significant impact on the streetscape. Furthermore, a porch generally functions as amenity space and is encouraged in residential dwellings in the city. As such, staff is satisfied that the general intent and purpose of the Zoning By- law is met. 3. "Minor" Test The variance can be considered minor as the reduced front yard setback will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed front yard addition will maintain a consistent streetscape in the area. The impacts of the addition on the streetscape are minimal. 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 front yard is consistent with the low density development of the neighbourhood. The new addition will project only slightly beyond the existing building and the marginal increase is appropriate. Furthermore, there are other properties in the area which have front porches. Therefore, the proposal will result in a built form that is generally consistent with properties in the neighbourhood. 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 for the addition and front porch is currently under review Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed minor variance application. 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 30 Dieppe Avenue is located within the Mt Hope/Breithaupt 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 A2019-092 requesting relief from Section 38.2.1 of the Zoning By-law to permit an addition to have a front yard setback of 3.25 metres, whereas a minimum of approximately 5.5 metres and maximum of 7.5 metres is required, be approved. Richard Kelly -Ru tz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 28, 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 (8) / VAR KIT, Martea Developments (11) / 53 FAIRWAY, 470088 Ontario Ltd Re: Committee of Adjustment Meeting on September 17, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-092 — 30 Dieppe Avenue— No Concerns. 2. A 2019-093 — 155 Breckenridge Drive — No Concerns. 3. A 2019-094 — 205 Strange Street — No Concerns. 4. A 2019-095 — 43 Jack Avenue — No Concerns. 5. A 2019-096 — 260 Frederick Street — The applicant must obtain a Regional access permit to legalize the existing access. 6. A 2019-097 — 74 Ahrens Street West — No Concerns. 7. A 2019-098 — 44 Breithaupt Street — No Concerns. 8. A 2019-099— 289 and 295 Sheldon Avenue North — No Concerns. 9. A 2019-100— John Wallace Drive (Townhouse Block 1) — No Concerns. 10. A 2019-101 — 360 River Trail Avenue — No Concerns. 11. A 2019-102 — 165 Fairway Road North — No Concerns. 12. A 2019-103 — 581 Strasburg Road — No Concerns. 13. A 2019-104 & A 2019-105— 193 Louisa Street — There would be no concerns to the minor variance applications subject to the condition that the recommendations of the noise study as required for the Consent application can be implemented. 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: 3091880 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 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: September 9, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-082 83 Elmsdale Drive A 2019-092 30 Dieppe Avenue A 2019-093 155 Breckenridge Drive A 2019-094 205 Strange Street A 2019-095 43 Jack Avenue A 2019-096 260 Frederick Street A 2019-097 74 Ahrens Street West A 2019-098 44 Breithaupt Street A 2019-099 289 & 295 Sheldon Avenue North A 2019-100 John Wallace Drive A 2019-101 360 Rivertrail Avenue A 2019-102 165 Fairway Drive Road North A 2019-103 581 Strasburg Road A 2019-104 & 105 193 Louisa Street Applications for Consent: B 2019-051 to 054 83 Elmsdale Drive B 2019-058 202 Montgomery Road B 2019-059 269 Trillium Drive B 2019-060 39 Belmont Avenue West B 2019-061 359 Alice Avenue B 2019-062 2727 Kingsway Drive B 2019-063 193 Louisa Street GRCA COMMENT: 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 'These 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