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HomeMy WebLinkAboutDSD-20-047 - A 2020-024 - 85 Wood StStaff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment March 17, 2020 www.kitch ever. ca Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Daniel Gaspar, Student Planner — 519-741-2200 ext. 7074 Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070 9 March 06, 2020 DSD -20-047 A2020-024 — 85 Wood Street Recommendation - Refuse Location Map: 85 Wood Street. *** 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 Conservation in the KW Hospital -Midtown Secondary Plan and zoned R-5, 129U in Zoning By-law 85-1. The applicant is requesting relief from Section 5.5.2 c) of Zoning By-law 85-1 to construct an accessory structure (detached garage) with a side yard setback of 0.3m instead of the required 0.6m. There is no official easement with the neighbouring property to allow reduced side yard setbacks. Staff visited the subject property on March 31d, 2020. View of existing single -detached house at 85 Wood Street with driveway on left 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 KW Hospital -Midtown Secondary Plan is Low -Rise Conservation. Official Plan policies state that the intent of this designation is to retain existing low-rise residential character and preserve such scale of development. The proposed accessory structure is of the appropriate scale and set back sufficiently from the street thereby preserving the existing low-rise residential character of the neighbourhood. Based on the foregoing, staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The subject property is designated in the Residential Five (R-5) Zone in Zoning By-law 85-1 with special use provision 129U that prohibits multiple dwellings. The requested relief is with regard to the side yard setback of an accessory building, which is regulated for residential zones under the General Regulations Provision of the Zoning By-law: Section 5.5.2. The proposed structure requires 0.3m of relief for a side yard setback of 0.3m instead of the 0.6m minimum outlined in the Zoning By-law. Section 5.20 of the General Regulations Provision states that reduced side yard setbacks for accessory buildings in excess of 9.3 square metres are permissible provided that appropriate encroachments and easements are created with the neighbouring property for the projection of eaves and maintenance of the structure. The proposed accessory structure does not form a common wall with the neighbouring property, but given that there is no official agreement with the neighbouring property to allow reduced side yard setbacks, there may not be sufficient room to perform any required maintenance. Based on the foregoing, staff is of the opinion that the general intent of the Zoning By-law is not maintained. Is the Variance Minor? As described above, the requested relief is for a 0.3m reduction in side yard setback. Though it is a small measurement, the remaining setback is equally small. There are concerns associated with allowing a side yard setback of 0.3m that relate to the applicant's ability to maintain the proposed accessory structure. As such, staff is of the opinion that the variance is not minor in nature. Is the Variance Appropriate? The accessory structure is proposed to be a detached garage. Several other properties along this section of Wood Street and in the surrounding neighbourhood have constructed detached garages in similar locations. The nature of the use does not threaten the character of the neighbourhood nor does it conflict with other uses. However, the reduced setback may create a nuisance for the neighbouring property owner if it is ever their desire to utilize the portion of the property adjacent to the detached garage proposed by the applicant. Therefore, the variance is not appropriate. Based on the foregoing, Planning staff recommends that the application be refused. Potential conditions of approval for reduced side yard setback if so desired by the Committee of Adiustment: Notwithstanding the above section, should the Committee of Adjustment approve the request to reduce the side yard setback requirement for the accessory structure, staff recommends that consideration be given to the following condition of approval: That written permission from the relevant neighbouring property owner be required for the potential damage to shared vegetation or vegetation in close proximity to the proposed accessory structure. Environmental Planning Comments: The proposed application has the potential to damage shared vegetation or vegetation in close proximity to the accessory structure. Permission should be sought from the neighbouring property owner to allow for the removal/replacement of vegetation if required. Heritage Planning Comments: The subject property is located within the Gildner Green Neighbourhood Cultural Heritage Landscape (CHL). In 2019, Archaeological Research Associates Ltd. and Dillon Consulting Ltd. carried out a Cultural Heritage Landscape Implementation (CHLI) study and report for the Midtown Secondary Plan area, which contains the Gildner Green Neighbourhood CHL. While, the boundary of this CHL and specific policies have not yet been formally adopted or implemented through the City's Official Plan, some of the heritage attributes identified in this CHL include detached rear garages and use of brick as the dominant building material. The proposal is in keeping with the desirable attributes and character of the Gildner Green Neighbourhood CHL, and as such, Heritage Planning staff has no concerns with the proposed minor variance application. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new detached garage is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. RECOMMENDATION That minor variance application A2020-024 requesting permission to construct an accessory building with a side yard setback of 0.3m instead of the required 0.6m be refused. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Region of Waterloo Feb 27, 2020 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 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI 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 Document Number: 3186251 Page 1 of 2 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 N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia 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, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner 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.