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Home My WebLink AboutDSD-19-237 - A 2019-106 - 78 Castlebay StStaff Report Development Services Department 1 KIR www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: October 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Junior Planner— 519-741-2200 ext. 7110 WARD: 5 DATE OF REPORT: October 7, 2019 REPORT #: DSD -19-237 SUBJECT: A2019-106 — 78 Castlebay Street Owner — Nick Balkaran & Brian Mitkus Applicant — Nick Balkaran Approve REPORT Planning Comments: SAV Subject Property E2 •4* 71t=ii - c Location Map: 78 Castlebay Street The subject property located at 78 Castlebay Street is zoned Residential Four (R-4) with Special Regulation Provision 341R 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 covered deck and is requesting relief from Section 38.2.1 of the Zoning By-law to allow for a rear yard setback of 5.59 metres, whereas 7.5 metres is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Front and Rear Yard of 78 Castlebay Street City Planning staff conducted a site inspection of the property on October 3, 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 for a covered deck 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 5.59 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. It is the opinion of staff that the proposed rear yard setback of 5.59 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. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed covered deck with a reduced rear yard is consistent with the low density development of 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 new roof structure and is currently under review Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No Heritage Planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-106 requesting relief from Section 38.2.1 of the Zoning By-law to permit a rear yard covered deck to have a rear yard setback of 5.59 metres, whereas 7.5 metres is required, be approved. Richard Kelly-Ruetz, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo September 26, 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 October 15, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-106 — 78 Castlebay Street— No Concerns. 2. A 2019-107 — 38 Gordon Avenue — No Concerns. 3. A 2019-108 — 41 Moore Avenue — No Concerns. 4. A 2019-109 — 26 Baird Avenue — No Concerns. 5. A 2019-110 — 330 Manitou Drive Unit C — 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: 3115951 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: October 7, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-094 205 Strange Street A 2019-106 78 Castlebay Street A 2019-107 38 Gordon Avenue A 2019-108 41 Moore Avenue A 2019-109 26 Baird Avenue Applications for Consent: B 2019-064 53 & 55 Perth Road B 2019-065 210 Simeon Street B 2019-066-071 253 Clark Avenue 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 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