HomeMy WebLinkAboutDSD-20-045 - A 2020-022 - 903 Zeller CresREPORT TO:Committee of Adjustment
DATE OF MEETING:July 21,2020
SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157
PREPARED BY:Sheryl Rice Menezes, Planning Technician –519-741-2200 ext. 7844
WARD:2
DATE OF REPORT:July 14, 2020
REPORT #:DSD-20-045-Revised
SUBJECT:A 2020-022–903 Zeller Cres
Approve with Conditions
Photo 1: 903 Zeller Cres (north of Zeller Drive).
REPORT
Planning Comments:
The property is zoned R-6in By-law 85-1 and designated Low Rise Residential in the Official Plan.Staff
visited the site onMarch 10,2020.
The applicantis requesting permissionto legalize a street townhouse dwelling having a widened driveway
with an existing parking space,located in front of the stairs,to have a depth of 4.5metresrather than the
required 5.5metres.
Photo 2
Planning Comments:
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 subject property isdesignated Low Rise Residential. The intent of the regulation is to encourage a
full range of housing types to achieve a low-density neighbourhood. The existing use of the property as
a street townhouse dwelling achieves this intent and therefore it is the opinion of staff that the requested
parking space variance for a permitted use meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The subject property has theone required legal off-street parking space located in the attached garage,
whichmeets regulations. In approximately 2012, the driveway area in front of the garage was widened to
the left side of the driveway. Enforcement staff received a complaint and subsequently closed the violation,
as it was believed that the spacecomplied withregulations. However, a further complaint brought to staff’s
attention that the widened area was in front of the porch and stairs had a depth of 4.5 metres whereas 5.5
metres is required. The intent of the minimum depth measurement is to ensure that vehicles can be
adequately located in thespace and not negatively affect the surrounding area by encroaching onto City
lands and/or sidewalks. The owner is aware that the space will only accommodate small to mid-size
vehicles and no vehicle shall encroach over the City sidewalk. This situation has existing for
approximately 8 years now and there have been no current or open complaints. Transportation Planning
staff is in support of the variance request. As the space can accommodate most residential vehicles and
it has existed for some time with no further complaints, Planning staff is of the opinion that the general
intent of the Zoning By-law is being met.
Minor
As noted above, the parking space deficiency has existed for some time, without further complaint, and the
owner is aware that vehicles shall not encroach over the sidewalk. The parking depth of 4.5 metres can
accommodate small to mid-size residential vehicles. Based on the above comments, staff are of the opinion
that the variances are minor.
Appropriate Development
The variance acknowledgesan existing situation which has not been a concern in regards to Enforcement
for some time. Parking can be accommodated legally in the attached garage and larger vehicles can use
the original driveway and or garage. Based on the above, staff is of the opinion that the variances are
appropriate for the neighbourhood and development of the property.
Based on the foregoing, Planning staff recommends that this application beapprovedsubject to the
conditions outlined below in the Recommendation section of this report.
Building Comments: The Building Division has no objections to the proposed variance.
Transportation Services Comments: As this is an existing condition, Transportation Services can
support the proposed application.
Engineering Comments:No comments.
Environmental Planning Comments:No concerns.
RECOMMENDATION:
That application A 2020-022to legalize a street townhouse dwelling having a widened driveway
with an existing parking space, located in front of the stairs, to have a depth of 4.5 metres rather
than the required 5.5 metres,be approved, subject to the following condition;
1)That the ownerobtain a curb cut permit from the Engineering Division; and,
2)That condition#1 be completed by October 31, 2020. Any request for a time extension must
be approved in writing by the Manager of Development Review (or designate) prior to
completion date set out in this decision. Failure to complete the conditions will result in this
approval becoming null and void.
Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP
Planning Technician (Zoning) Senior Planner
Feb 27, 2020
Holly Dyson
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 5) 08 WEBER KIT, Mary Kolosowski
Kitchener, ON N2G 4G7 7) 08 KING KIT, AHMET SHERIFALI
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-019 33 Lancaster Street East No Concerns.
2) A 2020-020 51 Nelson Avenue No Concerns.
3) A 2020-021 44 Beasley Drive No Concerns.
4) A 2020-022 903 Zeller Crescent No Concerns.
5) A 2020-023 312 Weber Street West No Concerns.
6) A 2020-024 85 Wood Street No Concerns.
7) A 2020-025 624 King Street West No Concerns.
8) A 2020-026 924 Redtail Court No Concerns.
9) A 2020-027 293 Field Sparrow Crescent No Concerns.
10) A 2020-028 783 Guelph Street 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