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Home My WebLink AboutDSD-20-085 - A 2020-034 - 25 Shanley 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: Richard Kelly-Ruetz, Planner 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: July 17, 2020 REPORT #: DSD-20-085 SUBJECT: A2020-034 25 Shanley Street Owner Wesley Dyck & Shirley Groce Approve with Conditions Location Map: 25 Shanley Street REPORT Planning Comments: The subject property located at 25 Shanley Street is zoned Residential Five (R-5) in Zoning By-law 85-1 and designated Low Rise Conservation in the K-W Hospital Neighbourhood Plan for Land Use. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Proposal The applicant is proposing to construct an accessory structure in the rear yard of the subject property, abutting a municipal laneway to the rear. The proposed structure will contain a garage and workshop / recreational space. A partial second storey is proposed. As such, the applicant is requesting relief from Section 5.5.2 b) of the Zoning By-law to permit an accessory structure to have a maximum height to the underside of any fascia of 4.8 metres, whereas a maximum of 3 metres to the underside of any fascia is required. The 5.5 metre maximum building height (peak of roof) for an accessory structure will still apply. Front of proposed accessory structure, Rear of proposed dwelling, including existing multiple dwelling shown in the rear. municipal laneway leading to garage IN Front Yard of Subject Property containing Laneway at rear of subject property where existing single detached dwelling accessory structure is proposed City Planning staff conducted a site inspection of the property on April 14, 2020. 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. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Conservation in the K-W Hospital Neighbourhood Plan for Land Use. This intent of this designation is to retain the existing low rise, low density residential character of the neighbourhood. The proposed accessory structure with an increased height to the underside of a facia is consistent with other accessory structures in the neighbourhood and maintains the general intent and purpose of the Official Plan (K-W Hospital). The low density character of the neighbourhood will not be adversely affected by this proposal. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a maximum height to the underside of a facia for an accessory structure of 4.8 metres rather than the maximum of 3 metres, meets the general intent of the Zoning By-law. The general intent of this regulation is to minimize the height of accessory structures to ensure the building remains secondary to the primary dwelling on the property and to minimize impacts on adjacent properties. The subject property abuts a laneway to the rear and other properties on Shanley Street have large accessory structures abutting this laneway. Several of these large structures likely have a facia height above 3 metres. Further to this, there is a tall concrete wall directly behind the subject property which forms part of a mid-rise building. Lastly, as part of the application submission, the applicant provided written letters of support from the two abutting property owners Staff is satisfied that the general intent and purpose of the Zoning By-law is met. The structure will shield the concrete wall at the rear of the property thus improving the aesthetics of the subject , while remaining secondary to the primary dwelling. There are other large accessory structures abutting the laneway and staff is satisfied that the structure will not result in unreasonable impacts to adjacent properties. 3. The variance can be considered minor as the increased height to the underside of a facia for an accessory structure does result in an unreasonably large structure or have significant negative impacts on the neighbouring properties. As attached in Appendix A, the applicant intends to design the acce slightly shorter. Staff is satisfied that a moderate increase in accessory structure size (height to facia) from what the base regulations of the Zoning By-law allow is minor. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed accessory structure with an increase height to the underside of a facia is consistent with the neighbourhood. Along the laneway to the rear of the property, there are several other accessory structures (sheds, garages, etc.) and the proposed structure on the subject property is consistent with those. The overall character of the property will continue to be low-rise in nature and the proposed structure will allow the property owner(s) increased opportunities for enjoyment and functionality of the property without significant impacts to abutting properties. Based on the foregoing, Planning staff recommends that this application be approved, subject to the conditions outlined in the recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new detached accessory structure 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. 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 25 Shanley Street is located within the Mt Hope/Breithaupt 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. Environmental Comments: The accessory structure is proposed to have a substantial footprint; theirs as well as neighbours' trees may be impacted. Please require the standard "variance" condition for a Tree Preservation / Enhancement Plan to be submitted, reviewed and approved by the Urban Designer prior to a building permit being issued. RECOMMENDATION A. That Minor Variance Application A2020-034 requesting relief from Section 5.5.2 b) of the Zoning By-law to permit an accessory structure to have a maximum height to the underside of any fascia of 4.8 metres, whereas 3 metres is required, BE APPROVED, subject to the following conditions: 1. That the elevations submitted as part of the building permit be generally in accordance with the elevations attached as Appendix A, particularly the roof pitch and design, to the satisfaction of the Director of Planning. 2. That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Appendix A Roofline of Proposed Accessory Structure Front Elevation Rear Elevation (Abuts Lane) East Elevation West Elevation 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.