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Home My WebLink AboutDSD-20-083 - A 2020-031 - 10 Martin St REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: August 5, 2020 REPORT #: DSD-20-083 SUBJECT: A2020-031 10 Martin Street Applicant Dale Stewart on Behalf of Douglas & Kristine Epp Recommendation: Approval Location Map: 10 Martin Street REPORT Planning Comments: The subject property located at 10 Martin Street is zoned Residential Five (R-5) in the Zoning By-law 85- 1 and designated Low Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Plan iThe applicant is proposing to build an addition on to the existing single detached dwelling and cannot meet the requirements of Section 39.2.1 of the Zoning By-law. The applicant is requesting relief to allow a side yard setback of 0.6 metres rather than the required 1.2 metres. City Planning staff conducted a site inspection of the property on May 1, 2020. 10 Martin Street (Front and Side view) 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 Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variances to reduce the side yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. Staff is in support of the application, as it is compatible with the established 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-5 zoning requires a 1.2 metre setback from the side lot line to ensure there is adequate separation from the neighbouring property. The property in question will be developed with a single detached dwelling. The reduction in the side yard setback will have a minimal impact to the adjacent lands, as the addition will match the existing structure on site that currently has a 0.6 metre setback. As the applicants would like the addition to align with the existing structure, staff is satisfied the requested variance to reduce the side yard setback to 0.6 metres whereas 1.2 metres is required meets the general intent of the Zoning By-law. Application is Minor 3. The proposed reduction in the side yard setback will be negligible, as it will match the existing structure 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. Proposed addition 10 Nelson Street 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. Application has been made to for the addition to a single detached dwelling and is currently under review Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 10 Martin Street is located within the Cedar Hill Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION That minor variance application A2020-031 requesting permission to build an addition on an existing structure to have a side yard setback of 0.6 metres rather than the permitted 1.2 metres, be approved. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner April 17, 2020 Juliane von Westerholt City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 1) VAR KIT, ELEV08 Properties Kitchener, ON N2G 4G7 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Dear Ms. Westerholt: Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 293 King Street East No Concerns. 2) A 2020-030 366 Rivertrail Avenue No Concerns. 3) A 2020-031 10 Martin Street No Concerns. 4) A 2020-032 201 Featherstone Crescent No Concerns. 5) A 2020-033 210 Rivertrail Avenue No Concerns. 6) A 2020-034 25 Shanley Street No Concerns. 7) A 2020-035 371 Biehn Drive No Concerns. 8) A 2020-036 1643 Bleams Road No Concerns. 9) A 2020-037 886 Strasburg Road No Concerns. 10) A 2020-038 121 Grand Flats Trail No Concerns. 11) A 2020-039 52 Helena Feasby Street No Concerns. 12) A 2020-040 251 Margaret Avenue No Concerns. 13) A 2020-041 56 Wilhelm Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЋАЊААЉ tğŭĻ Њ ƚŅ Ћ 14) A 2020-042 948 Chapel Hill Court No Concerns. 15) A 2020-043 285 Connaught Street No Concerns. 16) A 2020-044 50 West 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 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 April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 948 Chapel Hill Court B2020-021 944 Chapel Hill Court B2020-024 124 Walker Street B2020-025 285 Connaught 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 Page 1 of 2 fees will not be required. If you have any questions, or require additional information, please contact Chris Foster-Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengelly@grandriver.ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority Page 2 of 2 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.