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Home My WebLink AboutDSD-20-086 - A 2020-035 - 371 Biehn Dr 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: Sheryl Rice Menezes, Planning Technician 519-741-2200 ext. 7844 WARD: 4 DATE OF REPORT: August 11, 2020 REPORT #: DSD-20-086 SUBJECT: A 2020-035 371 Biehn Drive Owners Heather Hayes and Timothy Fink Approve Aerial photo REPORT Planning Comments: The property is zoned R-3 (Residential Three) in By-law 85-1 and designated Low Rise Residential in the Official Plan and it located at the corner Biehn Drive and Spencer Court. Staff visited the site on August 5, 2020. The public notice advertisement stated that the applicant is requesting permission to construct an addition on the existing garage of a single detached dwelling having a side yard setback of 2.5 metres abutting Spencer Court rather than the required 4.5 metres. Staff notes that the original request noted it was a workshop addition to the garage. This is an important distinction, because an addition with an increased area for garage use requires a 6-metre setback; however, the requested workshop addition to a garage requires a 4.5-metre setback. Therefore, staff recommends that the variance be AMENDED to request permission to construct a workshop addition, to a garage, having a side yard setback of 2.5 metres abutting Spencer Court lot line rather then the required 4.5 metres. View of side yard abutting a street with neighbour on Spencer Court 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 is designated Low Rise Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property as a single detached dwelling with attached addition to the garage for a workshop achieves this intent and therefore, it is the opinion of staff that the requested meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation to have a 4.5-metre setback to a lot line abutting a street for a building (other than a garage/parking of vehicles) is to ensure that there is adequate space between the public realm and buildings to maintain privacy for the occupants and to maintain a streetscape that is walkable/driveable. This subject property is a corner lot on a quiet cul-de-sac. The additional landscaping between the lot line along Spencer Court and the curbed portion of the street (see aerial photo on first page) will remain intact. View from Biehn Drive Staff has advised the owner why an addition for garage space (for parking of motor vehicles) would not be supported. This is because the extension of garage space and widening of driveway would be located within the corner lot setback where access is prohibited within 9 metres of an intersection (Section 6.1.1.1 b) iv). It is noted that this property is a corner lot on both Biehn Drive and Spencer Court. In addition, the lot is situated along the interior corner curve of the lot inside of Spencer Court. The owner has agreed not to place a garage door on the addition, nor to widen the driveway. Staff recommends that this be a condition of the variance. In addition, the applicant has advised this is not for a home business use, but for his own personal use. With the condition as recommended above, staff feels the application would meet the general intent of the Zoning By-law. View from intersection of Biehn Drive and Spencer Court Minor As noted above, staff is of the opinion that the reduced setback to 2.5 metres from 4.5 metres will not impact the streetscape. Therefore, staff considers the variance to be minor. Appropriate Development The variance for a workshop addition, as noted above, meets the general intent of the bylaw and is minor. Staff is of the opinion that it is appropriate development for the subject property and for the surrounding low- rise residential neighbourhood. 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 provided building permit for the addition to the garage is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: No concerns. RECOMMENDATION: That application A 2020-035, as AMENDED, requesting permission to construct a workshop addition, to a garage, having a side yard setback of 2.5 metres abutting Spencer Court lot line rather then the required 4.5 metres, be approved, subject to the following conditions: 1) The workshop addition will not be constructed with a garage door; and, 2) The existing driveway shall not be widened in front of the addition. Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning) 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.