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Home My WebLink AboutDSD-20-027 - A 2020-014 - 2121 Hidden Valley CresREPORT TO:Committee of Adjustment DATE OF MEETING:February 18, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Daniel Gaspar, Student Planner –519-741-2200 ext. 7074 Garett Stevenson, Senior Planner –519-741-2200 ext. 7070 WARD:3 DATE OF REPORT:February 10, 2020 REPORT #:DSD-20-027 SUBJECT:A2020-014–2121 Hidden Valley Crescent. Owner –Bill Zinger Applicant –Tom Hearn, Eric Jackman (Jackman Construction Ltd.) Approve Subject Property Location Map: 2121 Hidden ValleyCrescent. *** 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 is designated Low-Rise Residential in the Official Plan and zoned R-1, 1R, 183R in Zoning By-law85-1. The applicant is requesting relief from Section 5.5.2 b) of Zoning By-law85-1 to construct an accessory structure with a height to the underside of the fascia of 3.6m rather than the permitted th 3m. Staff visited the subject property on February 5 , 2020. Accessory building under construction at subject property 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. General Intent of the Official Plan The land-use designation for the subject property in the Official Planis Low-Rise Residential.Official Plan policies state that new buildings in low density neighbourhoods should be appropriate in massing and scale and compatible with the built form and character of the established neighbourhood.Theproposed accessorybuilding will be scaled to have very little visual presenceor impact on the existing neighbourhoodas it will be located behind the primary structure, setback 41.1mfrom the street andat a lower elevation.Based on the foregoing, staff is of the opinion that thegeneralintent of the official plan is maintained. General Intent of the Zoning By-law The subject property is designated in theResidential One (R-1) Zone, 1R, 183R under Zoning By-law85-1. Therequested relief is with regard to height of an accessory building, which is regulated for residential zones under the General RegulationsProvisionof the Zoning By-law: Section 5.5.2.The proposed structure requires 0.6mof relief for a height of 3.6mtothe underside of the fascia instead of the 3mmaximum outlined in the Zoning By-law. The overallheight of the proposed structure would not exceed the 5.5mmaximum outlined in Zoning By-law.The proposed structure exceeds the minimum setback requirements and is well below the maximum percentage lot coverage for an accessory structure.The proposed structure will also be significantly smaller than the primary structure on the property, representing less than 3% ofthegross floor area. Based on the foregoing, staff is of the opinion that the general intent of the Zoning By-lawto limit the size of accessory buildingsis maintained. Is the Variance Minor? As described above, the requested relief is for 0.6mto the underside of the fascia of the proposed structure. Relief was granted ina previousvariance (A2014-001) on the same property for 1.16m of additional overall height and 3.5m of additional height to the underside of the fascia of an accessory building.The relief being requested by the applicant here is 2.9m less than what was previously granted. The overall height of the structure does not exceed the 5.5m maximum and its location on the property creates virtually no visual presencefrom the street.Additionally, structures in the community are generally taller than averageand it should be noted that other accessory buildings in the community have height variances.As such, staff is of the opinion thatthe variance is minor in nature. Is the Variance Appropriate? The proposed accessory buildingwill serve as a pool cabana. The specific policies for this area in the Official Plan recognize that the community contains estate residential lots with limited access to municipal services. Many properties in the community, including the subject property, have sufficient room for amenities and accessory buildings while having restricted development opportunities. The proposed accessory building would thus be an appropriate and desirable use of the otherwise limited lands. 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 pool cabana and is currently under review Transportation Services Comments: Transportation Services have no concerns with the proposed application. Environmental Planning Comments: There are no Environmental Planning concerns RECOMMENDATION That minor variance application A2020-014requesting permission to construct an accessory building with a height to the underside of the fascia of 3.6m instead of the required 3m be approved. Garett Stevenson, B.E.S., MCIP, RPPJuliane von Westerholt, MCIP, RPP SeniorPlanner Senior Planner January 29, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 2) 55 DUKE STREET WEST ANDRIN CITY Kitchener, ON N2G 4G7 CENTRE PHASE II 5) 1333 WEBER STREET EAST PAMATA HOSPITALITY INC Dear Ms. Dyson: 6) 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-008 141 Whitney Place No Concerns. 2) A 2020-009 120, 130, 140 King Street West; 31 Young Street and 55 Duke Street No Concerns. 3) A 2020-010 25 Wellington Street North No Concerns. 4) A 2020-011 23 Forfar Avenue No Concerns. 5) A 2020-012 1333 Weber Street East No Concerns. 6) A 2020-013 544 Bridgeport Road No Concerns. 7) A 2020-014 2121 Hidden Valley Crescent No Concerns. 8) A 2020-015, 016, 017 & 018 23 Burgetz Avenue 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЊБЏЋЎЊ tğŭĻ Њ ƚŅ Ћ 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. 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 N1R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: February 7, 2020 See below Applications for Minor Variance: RE: A 2020-009 120, 130 & 140 King St W, 31 Young St & 55 Duke St W A 2020-010 25 Wellington Street North A 2020-011 23 Forfar Avenue A 2020-012 1333 Weber Street East A 2020-013 544 Bridgeport Road A 2020-014 2121 Hidden Valley Crescent A 2020-015-018 28 Burgetz Avenue Applications for Consent: B 2020-005 826 Frederick Street B 2020-006 826 Frederick Street B 2020-007-009 28 Burgetz 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 Page 1 of 1 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.