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Home My WebLink AboutDSD-20-016 - A 2020-006 - 95 Crosswinds DrStaff Repod Development Services Department I KNxc Nr.R www.kitch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 21, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Nicholas Godfrey, Technical Assistant— 519-741-2200 ext. 7071 WARD: 2 DATE OF REPORT: December 27th, 2019 REPORT #: DSD -20-016 SUBJECT: A2020-006 — 95 Crosswinds Dr. Applicant — Patrick Haramis (OLS) Property Owners - Milestone Developments Inc. Recommendation: Approve REPORT Planning Comments: The subject property located at 95 Crosswinds Drive is zoned Residential Four (R-4) with Special Regulation Provision 597R in Zoning By -Law 85-1 and designated Low Rise Residential in the City's 2014 Official Plan. The applicant is proposing to construct a single -detached dwelling and is requesting relief from Section 38.2.1 b) of the Zoning By-law to allow for a side yard setback of 1.25 metres, whereas 1.5 metres is required. Staff notes that the other side yard setback is permitted by the Zoning By-law to be between 0.0 and 0.2 metres and as such is proposed at 0.1 metres for the subject property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. City Planning staff conducted a site inspection of the property on January 10th, 2020. 95 Crosswinds Drive 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. Meets the General Intent of the Official Plan Test The subject property is designated Low Rise Residential in the City's 2014 Official Plan, which allows low density forms of housing such as single -detached dwellings. The requested variance is appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood. The requested variance will not significantly change the existing conditions and it is the opinion of staff that the variation is appropriate, and meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variance to have a side yard setback of 1.25 metres rather than the required 1.5 metres meets the general intent of the Zoning By-law. The intent of the 1.5 metre side yard setback is to allow for sufficient separation from neighbouring properties, maintenance of side walls/eaves, and access to the rear yard in cases where the other side yard has a setback between 0.0 to 0.2 metres, which is the case for the proposed dwelling on the subject property. Staff notes that the standard side yard setback is 1.2 metres, and the proposed 1.25 metre setback exceeds this. As such, it is the opinion of staff that the 0.25 metre variance meets the general intent of the Zoning By- law. '®>I N77'34'25'W 10.5}2 A' Property Survey Setbacks 3. Is the Variance "Minor" Test Staff is of the opinion that requested variance is minor as the approval of a reduced side yard setback will not cause any significant impacts to the subject property or surrounding neighbourhood. 4. Is the Variance Appropriate Test The requested variance is appropriate for the development and use of the land, as the proposed single detached dwelling 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 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. Engineering Comments: Engineering has no concerns with the proposed application. RECOMMENDATION That Minor Variance Application A2020-006 requesting to relief from Zoning By-law 85-1 Section 38.2.1 b) to allow a side -yard setback of 1.25 metres rather than the required 1.5 metres be approved. Nicholas Godfrey, MA Juliane von Westerholt, MCIP, RPP Technical Assistant (Planning & Zoning) Senior Planner Region of Waterloo January 03, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: File No.: D20-20/ VAR KIT GEN 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 Re: Committee of Adjustment Meeting on January 21, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-001 — 618 King Street West — No Concerns. 2) A 2020-002 — 149 Roxborough Avenue — No Concerns. However, the owner is advised that a future development application for the above property may require the dedication of a 7.62 metre daylight triangle at the northeast corner of the property. 3) A 2020-003 — 5 Manitou Drive — No Concerns. However, the owner is advised that a dwelling located within the property boundaries of the stationary source is not considered as a noise sensitive land use for the purposes of this application. 4) A 2020-004 — 30 Saddlebrook Court — No Concerns. 5) A 2020-005 — 196 grand Flats Trail — No Concerns. 6) A 2020-006 — 95 Crosswinds Drive — No Concerns. 7) A 2020-007 — 78 Valleybrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are 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 these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Document Number: 3186251 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, p� �-7- ` 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: January 7, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-103 581 Strasburg Road A 2019-108 41 Moore Avenue A 2020-001 618 King Street West A 2020-002 149 Roxborough Avenue A 2020-003 5 Manitou Drive A 2020-004 30 Saddlebrook Court A 2020-005 196 Grand Flats Trail A 2020-006 95 Crosswinds Drive A 2020-007 78 Valleybrook Drive 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 *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority.