HomeMy WebLinkAboutDSD-20-093 - A 2020-044 - 50 West Ave
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: Eric Schneider, Planner 519-741-2200 ext. 7843
WARD: 9
DATE OF REPORT: August 4, 2020
REPORT #: DSD-20-093
SUBJECT: A2020-044 50 West Ave
Applicant Lavern Weber
Recommendation: Approval
Location Map: 50 West Ave
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REPORT
Planning Comments:
The subject property located at 50 West Ave is zoned Residential Five Zone (R-5) with Special
Regulation Provision 1R in the Zoning By-law. The property is designated Low Rise
Conservation in the Victoria Park Secondary Plan in the Official Plan. Staff conducted a site
inspection of the property on April 24, 2020.
The applicant is proposing construct a rear yard addition on the existing single detached
dwelling. The addition is proposed to be 0.93 metres from the side lot line. The home currently
has a side yard setback of 0.8 metres.
The applicant is requesting to legalize the existing side yard setback of 0.8 metres rather than
the 1.2 metres required by the Zoning By-law.
View of Existing Single Detached Dwelling (April 24, 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.
General Intent of the Official Plan
1. The subject property is designated Low Rise Conservation in the Victoria Park Secondary
Plan in the Official Plan. This designation aims to retain a low rise, low density residential
character of the neighbourhood and the preservation of existing housing stock is
encouraged. The proposal intends to keep within the low rise context with a two-storey
addition, while retaining the original dwelling. Therefore, the requested variance meets the
general intent of the Official Plan.
General Intent of the Zoning By-law
2. The intent of the regulation that requires a side yard setback of 1.2 metres is to ensure
access into the rear yard and separation of buildings. The existing home is located closer to
the side lot line than the proposed addition, so Staff has no concerns with the request to
legalize the existing side yard setback. Access can still be provided, and the current
separation of buildings will not be impacted given that the addition will not be closer to the
side lot line than the current building. Staff is of the opinion that the requested variance
meets the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The proposed addition will maintain the low rise character of the neighbourhood, and will not
adversely affect neighbouring properties and is therefore considered appropriate.
Is the Variance Minor?
4. The reduction of side yard setback will still leave adequate space for separation of buildings
and can still provide rear yard access. Therefore, the requested variance is considered
minor.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
addition to the single detached dwelling 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 Planning Comments:
Heritage Planning staff has no concerns with this application.
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 50 West Avenue is located within the Victoria Park 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 Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That minor variance application A2020-044 requesting permission to construct a second storey
addition on an existing single detached dwelling having an easterly side yard setback of 0.8m
rather than the required 1.2m be approved.
_____
Eric Schneider, MCIP, RPP Juliane von Westerholt, B.E.S., 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.
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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
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1R 5W6
Resource Management Division Phone: (519) 621-2763 ext. 2319
Chris Foster-Pengelly, Resource Planner Fax: (519) 621-4884
E-mail:
cfosterpengelly@grandriver.ca
PLAN REVIEW REPORT TO: City of Kitchener
Holly Dyson
DATE: YOUR FILE: A 2020-044
April 24, 2020
RE: Application for Minor Variance A2020-044
50 West Avenue
Lavern Weber/Candace Vandalen
GRCA COMMENT:
Grand River Conservation Authority (GRCA) staff has no objection to the proposed minor variance
application to allow for an addition to a house at the above-noted address.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that a portion of the subject property
contains floodplain associated with Henry Sturm Creek. A copy of our resource mapping is
attached for your reference.
2. Legislative/Policy Requirements and Implications:
Due to the presence of floodplain, the property is regulated by the GRCA under Ontario
Regulation 150/06. Any development within the regulated area will require prior written
approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. No
new development is permitted within the floodplain.
Based on our review of the Site Plan provided with the application, the proposed addition
appears to be located outside of the floodplain and GRCAs regulated area. The application
requests permission for a variance on the required sideyard setback to allow an addition to
the existing dwelling. Given that the proposed variance is in regards to a proposal that falls
outside of GRCAs regulated area on the property, we have no objection to the application.
3. Plan Review Fees:
In accordance with GRCAs 2020 Plan Review Fee Schedule, this application is considered
and the applicable fee is $275.00. The applicant will be invoiced
accordingly by copy of this correspondence.
We that trust this information is of assistance. 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.
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Sincerely,
__________________________________
Melissa Larion, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
c.c. Candace Vandalen, Owner (via email)
Lavern Weber, Agent (via email)
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