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Home My WebLink AboutDSD-19-266 - A 2019-120 - 14 Frontier DrStaff Repod Development Services Department I www.kitchen er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 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: 4 DATE OF REPORT: November 8, 2019 REPORT #: DSD -19-266 SUBJECT: A2019-120 — 14 Frontier Drive Owner — James Glasbergen Approve ubject Property REPORT Planning Comments: Location Map: 14 Frontier Drive The subject property located at 14 Frontier Drive is zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to partially cover a rear yard deck and is requesting relief from Section 38.2.1 of the Zoning By-law to allow for a rear yard setback of 4.5 metres, whereas 7.5 metres is required. The deck would remain unenclosed. *** 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 14 Frontier Drive City Planning staff conducted a site inspection of the property on November 8, 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 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. Staff notes that the property currently contains a second storey uncovered deck. This second storey deck is proposed to be covered, pending approval of this minor variance application. With respect to privacy impacts to adjacent properties, a second storey deck by nature allows more visibility to neighbouring properties. As there is already an existing uncovered second storey deck which is permitted by the `as -of -right' zoning, staff is of the opinion that converting this to a covered deck will have negligible impacts on privacy. As such, it is the opinion of staff that the proposed rear yard setback of 4.5 metres will continue to allow for an adequate amenity space and will not negatively impact adjacent properties. Therefore, the requested variance to permit a rear yard setback at 4.5 metres, whereas 7.5 metres is required, meets the general intent of the Zoning By-law. 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. By covering the existing rear yard second storey deck, the impacts on the property and surrounding neighbourhood are insignificant. 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 to for the new roof structure to the single detached dwelling 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 A2019-120 requesting relief from Section 38.2.1 of the Zoning By-law to permit a rear yard covered, unenclosed deck to have a rear yard setback of 4.5 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 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