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Home My WebLink AboutDSD-19-277 - A 2019-132 - 900 Chapel Hill CrtStaff Repod Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 10, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 4 DATE OF REPORT: November 29, 2019 REPORT #: DSD -19-277 SUBJECT: A2019-132 — 900 Chapel Hill Court Applicants — MHBC Planning Ltd. on Behalf of Crescent Haven Homes Inc. Recommendation: Approval Location Map: 900 Chapel Hill Court *** 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 900 Chapel Hill Court is zoned Residential Six (R-6) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build a single detached dwelling and cannot meet the requirements of Section 40.2.2 of the Zoning By-law. The applicant is requesting relief to allow a rear yard setback of 6.25 metres rather than the required 7.5 metres. City Planning staff conducted a site inspection of the property on November 27, 2019. 900 Chapel Hill Court 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. General Intent of Official Plan 1. 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 permit a reduced rear yard setback is appropriate and continues 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. General Intent of Zoning By-law 2. The current R-6 zoning requires a 7.5 metres setback from the rear lot line to ensure there is adequate rear yard amenity space. The property in question is an irregular shaped lot and will be developed with a single detached dwelling. Due to the shape of the lot as a result of the hydro corridor, the required rear yard setback cannot be met. The reduction in the rear yard setback is minimally affecting the rear yard amenity space. Furthermore, the property backs on to a stormwater management area that will provide an additional buffer as there will not be any future development directly behind the property. As such, staff is satisfied the requested variance to reduce the rear yard setback to 6.25 metres whereas 7.5 metres is required meets the general intent of the Zoning By- law. Application is Minor 3. The proposed reduction in the rear yard setback will be negligible due to the irregular shape of the property and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. •.w r IL+ 4 A-- Proposed Single Detached Dwelling — 900 Chapel Hill Court Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning staff has no concerns with this application. 1 Ozr MOOOMD 7 04 •.w r IL+ 4 A-- Proposed Single Detached Dwelling — 900 Chapel Hill Court Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2019-132 requesting permission to build a street fronting townhouse to have a rear yard setback of 6.25 metres rather than the permitted 7.5 metres, be approved. Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo November 18, 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 (1) VAR KIT/Bryan Webb Re: Committee of Adjustment Meeting on December 10, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2019-131 — 54 West Avenue — No Concerns. 2) A 2019-132 — 900 Chapel Hill Court — No Concerns. 3) A 2019-133 — 908 Chapel Hill Court — No Concerns. 4) A 2019-134 — 338 Woodbine Avenue (Lot #0038) — No Concerns. 5) A 2019-135 — 295 Arnold Street / 888 Guelph Street — 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. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3156678 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: December 2, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-103 581 Strasburg Road A 2019-132 900 Chapel Hill Court A 2019-133 908 Chapel Hill Court A 2019-134 338 Woodbine Avenue A 2019-135 295 Arnold Street/888 Guelph Street Application for Consent: B 2019-076 295 Arnold Street/888 Guelph 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 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