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Home My WebLink AboutDSD-20-089-1 - A 2020-038 - 121 Grand Flats Trail 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: Juliane vonWesterholt WARD: 2 th DATE OF REPORT: August 12, 2020 REPORT #: DSD-20-89 SUBJECT: A2020-038 121 Grand Flats Trail Owner Milestone Developments Inc. Applicant Pat Haramis O.L.S. Recommendation: Approval Subject Property: 121 Grand Flats Trail Planning Comments: The subject property located at 121 Grand Flats Trail is zoned Residential Four (R-4) and designated Low -detached dwelling and is requesting relief from Section 38.2.1 b) of the Zoning By-law to allow for a side yard setback of 1.25 metres, whereas 1.50 metres is required. Staff notes that the other side yard setback is permitted by the Zoning By-law to be between 0.0 and 0.2 metres and as such is proposed at 0.1 metres for the subject property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. th City Planning staff conducted a site inspection of the property on April 17, 2020. Subject Property: 121 Grand Flats Trail REPORT 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. 1. Meets the General Intent of the Official Plan Test The subject property is designated Low Rise Residential in low density forms of housing such as single-detached dwellings. The requested variance is appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood and it is the opinion of staff that the variance meets the general intent of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variance to have a side yard setback of 1.25 metres rather than the required 1.5 metres meets the general intent of the Zoning By-law. The intent of the 1.5 metre side yard setback is to allow for sufficient separation from neighbouring properties, maintenance of side walls/eaves, and access to the rear yard in cases where the other side yard has a setback between 0.0 to 0.2 metres, which is the case for the proposed dwelling on the subject property. Staff notes that the standard side yard setback is 1.2 metres, and the proposed 1.25 metre setback exceeds this. As such, it is the opinion of staff that the 0.25 metre variance meets the general intent of the Zoning By- law. Subject Property: Sideyard Setbacks 3. Staff is of the opinion that requested variance is minor as the approval of a reduced side yard setback will not cause any significant impacts to the subject property or surrounding neighbourhood. 4. Is the Variance Appropriate Test The variance will not impact any adjacent properties and will continue to allow the property to function as planned and is therefore an appropriate use of the subject lands in keeping with the overall character of the neighbourhood. Agency Comments: Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling 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: no comment RECOMMENDATION That Minor Variance Application A2020-038 requesting to relief from Zoning By-law 85-1 Section 38.2.1 b) to allow a side-yard setback of 1.25 metres rather than the required 1.5 metres be approved. Juliane von Westerholt, MCIP, RPP 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.