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Home My WebLink AboutDSD-19-258 - A 2019-112 & A 2019-113 - 45 & 47 Heiman StStaff Repod Development Services Department I www.kitchen er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19th, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 WARD: 9 DATE OF REPORT: November 8th, 2019 REPORT #: DSD -19-258 SUBJECT: A 2019-112 & 113 — 45 & 47 Heiman Street Owner — 2645826 Ontario Inc. Approve without Conditions Im Location Map: 45 & 47 Heiman Street Fri *** 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 properties located at 45 & 47 Heiman Street are zoned Residential Six (R-6) in Zoning By- law 85-1 and are designated Low Rise Residential in the Official Plan. City Planning staff conducted a site inspection of the properties on Friday, November 1St 2019. The applicant is proposing to construct a Semi-detached duplex dwelling with front porches. To accommodate the porches, the owner is requesting relief from Section 40.2.3 of the Zoning By-law to have a front yard setback of 3.35 metres rather than the required 4.50 metres setback. View from Heiman Street 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 the Official Plan The subject property is designated Low Rise Residential in the City's 2014 Official which allows for low density forms of housing such as single detached, semi-detached and duplex dwellings. The requested variances are appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood and therefore meets the general intent of the Official Plan. General Intent of the Zoning By-law The subject lands are zoned residential six (R-6) which permits semi-detached duplex dwellings. The intent of the front yard setback regulation is to ensure an adequate setback is maintained between the covered porch and stairs and the street, thus allowing for ample landscaping to be installed. The applicant proposed a front yard of 3.35 metres which would continue to allow for an adequate front yard. It is not anticipated that any negative impacts on the adjacent residential properties will result from the variance required. Therefore, the general intent of the By-law is maintained. Minor The requested variance will maintain a sufficient setback from the public realm in order to ensure that the use of the porch will not negatively impact pedestrians using the sidewalk. There are also no visibility concerns with the proposed porch and stairs in the DVT or CVT. Therefore staff is of the opinion that the variance is minor. Appropriate and Desirable The requested variance is appropriate for the development and use of the land as it is not uncommon to have a covered front porch. Staff is of the opinion that the variance will cause no negative impacts on the surrounding properties within the neighbourhood and is therefore appropriate development. Based on the foregoing, Planning staff recommends that this application be approved. Building Division Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Planning Comments: A Tree Management Plan was approved by the City of Kitchener on October, 2nd 2018. Staff requests confirmation that the plan has been implemented as approved. RECOMMENDATION: That minor variance applications A2019-112 & 113 requesting relief from Section 40.2.3 of the Zoning By-law to have front yard setbacks of 3.35 metres rather than the required 4.50 metres setback, be approved without conditions. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner Region of Waterloo November 05, 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 (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — 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 the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application 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: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: 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