The URL can be used to link to this page

Home My WebLink AboutDSD-19-213 - A 2019-098 - 44 Breithaupt StREPORT 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 29, 2019 REPORT #:DSD-19-213 SUBJECT:A2019-098–44 Breithaupt Street Applicant–George Sedra Owner –David Elliot ApproveAS AMENDED Location Map: 44 Breithaupt Street *** 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 44 Breithaupt Streetis zoned Industrial Residential (M-1)in Zoning By- law 85-1 and designated General Industrial Employmentinthe City’s Official Plan. The applicant is proposing to construct a second storey uncovered porchin the front yardandis requesting relief from Section 19.3of the Zoning By-law to allow for afront yardsetback of 1.35metres, whereas 6metres is required.The property currently contains an existing single detached dwelling including afirst storey covered porch. The applicant intents to create a porch on the roof of the existing porch, and extent the second storey porchto approximately the full width of the dwelling. Through thereview, it has come to staff’s attention that an additional variance is required as the widened second storey porchwould be within a portion of the driveway visibility triangle. As such, staff recommends that the application be AMENDED to also requestrelief from Section 5.3 of the Zoning By- law to allowa second storey uncovered porchthat is abovea first storey unenclosed porchto be within a visibility triangle, whereas the By-law does notallow objects above 0.9metres in height to be within a visibility triangle. Front of 44 Breithaupt Street City Planning staff conducted a site inspection of the property on August 28, 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 offer the following comments. 1.General Intent and Purpose of Official Plan Test The subject property is designated General Industrial Employmentin the Official Plan. The intent of this designation is to provide for a broad range of industrial uses. The subject property currently contains an existing residential use and the policies of the General Industrial Employment designation containlanguage to recognizeexisting residential uses. As such, the variancesto reduce the front yardand locate a second storey porch in a visibility triangleisappropriate and willcontinue to maintain the residentialcharacter of the property and surrounding neighbourhood.It is the opinion of staff that the requested variancesmeet 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 of1.35metres, whereas 6metres is required, meets thegeneralintent of the Zoning By-law. The purpose of a front yardsetback of 6metres is to provide a consistent streetscape for dwellings, and a separation from the public right-of-way for any industrial and residential uses.The existing dwelling on the property has a setback of about 3.3 metres, meaning the property already has a reduced front yard. In addition, there is an existing covered front porch on the property. The proposed uncovered second storey porchwill project no further towards the front property line than the existing front porch. The consistent streetscape will be maintained, as adjacent residential properties have similar front yard setbacks. As such, staff is satisfied that the general intent of the Zoning By-law is met. The requested variance to allow a second storey porchabove a first storey unenclosed porchto be located in a visibility triangle, whereas the By-law does notallow objects above 0.9metres in height to be within a visibility triangle, meets the general intent of the Zoning By-law. The intent of not permitting objects above 0.9 metres in height within a visibility triangle is to maintain sufficient visibility of the street and sidewalk for vehicles entering and existing the driveway of the subject property. The area below the second storey porchwithin the visibility triangle is ‘open’, except for a small support column. As such, there will continue to be a similar amount of visibility as is currently existing, thus maintaining the general intent of the By-law. Staff note that transportation staff are supportive of the proposed encroachment into a driveway visibility triangle. 3. “Minor” Test The variancescan be considered minor as the reduced frontyard setbackand second storey porch within a visibility trianglewill not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed second storey uncovered porchwill project no further towards the front lot line than the existing first storey porch. While the second storey porchis within a visibility triangle, the area beneath the second storey porch is ‘open’,thereby limitingnegativevisibility impactsfor vehiclesentering and exiting the property.As such, the impacts will be minimal. 4.Desirability for Appropriate Development or Use Test The requested variancesfor a reduced front yardand second storey porchin a visibility triangleis appropriate for the development and use of the land.Staff understandsthat the property owner intends to convert the use of the property to a duplex; adding additional amenity space in the form of the proposed second storey uncovered porchin the front yard may in fact improve the use of the property. Staff is satisfied the proposal is appropriate for the use and development of the land. Based on the foregoing, Planning staff recommends thatthis application be approved. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the front porch is currently under review Transportation Services Comments: Transportation Services recommends that a variance beadded to approve the encroachment of the second storey balcony into the 4.57 metre by 4.57 metre driveway visibility triangle (DVT) as it will not provide any obstruction for drivers. Transportation Services can support the wooden post support for the balcony being located within the DVT, as well, as it should not obstruct driver visibility for entering and exiting the property. Heritage Comments: Heritage Planningstaff 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 aninventory. 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 44 Breithaupt Street is located within the Warehouse District CHL. The owner andthe 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 A2019-098requesting relief from Section 19.3of the Zoning By-law to permit an uncovered second storey porch to have a front yard setback of 1.35 metres, whereas 6metres is required,and from Section 5.3 of the Zoning By-law to allow a second storey porchabove a first storey unenclosed porchto be located in a visibility triangle, whereas the By-law does not allow objects above 0.9metres in height to be within a visibility triangle,beapprovedas AMENDED. Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Technical Assistant Senior Planner August 28, 2019 Holly Dyson City of Kitchener File No.: D20-20/VAR KIT GEN 200 King Street West (8) / VAR KIT, Martea Developments P.O. Box 1118 (11) / 53 FAIRWAY, 470088 Ontario Ltd Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЉВЊББЉ tğŭĻ Њ ƚŅ Ћ 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 DivisionCambridge, Ontario N1R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: September 9, 2019 See below Applications for Minor Variance: RE: 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 Page 1 of 1 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.