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Home My WebLink AboutDSD-20-109-1 - A 2020-051 - 14 Tweedsmuir CrtREPORT TO:Committee of Adjustment th DATE OF MEETING:September 15, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Tim Seyler, Planner–519-741-2200 ext. 7860 WARD:2 rd DATE OF REPORT:September 3, 2020 REPORT #:DSD-20-109 SUBJECT:A2020-051–14 Tweedsmuir Court Applicant –Troy and Amie Huber Recommendation: Approval Location Map: 14 Tweedsmuir Court REPORT Planning Comments: Thesubject property located at 14 Tweedsmuir Courtis zoned Residential Three(R-3)in the Zoning By- law 85-1 and designated Low Rise Residential in the City’s Official Plan. The applicant is proposing to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. build an accessory structure andcannotmeet the requirements of Section 5.5.2b) of the Zoning By-law. The applicant is requesting relief to allow the structure to have a peak height of 7.87 metres rather than the maximum peak height of 5.5 metres and to have the underside of the fascia to be 3.8 metres in height rather than the required maximum of 3 metres. City Planning staff conducted a site inspection of the property on August 26, 2020. 14 Tweedsmuir Court(Frontview) 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 offersthe following comments. General Intent of Official Plan 1.The subject property is designated Low Rise Residential in the City’s Official Plan.The proposed variance meets the intent of the designation, as the purpose of these regulations is to ensure that accessory buildings do not create visual encroachment issues, shadow impacts, and privacy issues for adjacent properties. In this case, the property is surrounded by vegetation at the rear yard and side yard which will maintain an adequate visual barrier for the surrounding properties from the new structure. There is also a large separation distance from the new structure to the existing neighbouring dwellings. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variancesto havean accessory structure to have a peak height of 7.87 metres rather than a maximum peak height of 5.5 metres and to have the underside of the fasciato be 3.8 metres in height rather than the required maximum of 3 metres meets the general intent of the By-law. Due to the large size of the property, the grade of the property,and the setbacks from the existing neighbouring properties the increase in heightat the peak and fasciawill be negligible in the context of the area. The applicant has stated that the intent of the structure will be to securely store a work trailer and other tools within, which will also declutter the front and side yard area and reduce theimpact on the adjacent neighbours.Staff is of the opinion that the general intent of the Zoning By-law is maintained. Application is Minor 3. The proposedincrease in building height and fascia height is minor,as it represents only a 2.37 metre and 0.8 metredifference respectively and will not adversely affect the subject property or adjacent neighbouring properties nor will the height increase it be visible from the street. Therefore, Staff is of the opinion that the requested variance is minor. Application in Appropriate 4.The varianceisappropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Proposed detached structure –14 Tweedsmuir Court Based on the foregoing, Planning staff recommends that this application beapprovedsubject 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 accessory structure is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services hasno concerns with the proposed application. Environmental Comments: Environmental planning has no concerns with the proposed application. The owner has been in discussion with the City for the removal of 4 Black Maple hazard trees and has provided an arborist report. Heritage Comments: Heritage planning has no concerns with the proposed application. RECOMMENDATION That minor variance application A2020-051requesting permission to build anaccessory structure to have a peak height of 7.87 metres rather than the maximum required peak height of 5.5 metres andto have the underside of the fascia to be 3.8 metres in height rather than the required maximum of 3 metres,be approved. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner August 31, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 4) VAR KIT, KANCO Kitchener, ON N2G 4G7 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 1283 Victoria Street North No Concerns. 2) A 2020-046 221 Vanier Drive No Concerns. 3) A 2020-047 6 Pequegnat Avenue No Concerns. 4) A 2020-048 581 Strasburg Road No Concerns. 5) A 2020-049 26 6th Avenue No Concerns. 6) A 2020-050 598 604 608 Victoria Street South No Concerns. 7) A 2020-051 14 Tweedsmuir Court No Concerns. 8) A 2020-052 261 Woodbine Avenue No Concerns. 9) A 2020-053 80 McGee Avenue No Concerns. 10) A 2020-054 115 Parkvale Drive No Concerns. 11) A 2020-055 61 Irvin Street No Concerns. 12) A 2020-056 49 Lichty Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌБЎБЍЊ Ћ tğŭĻ Њ ƚŅ Ћ 13)A 2020-057114 Blair Creek DriveNo Concerns. 14) A 2020-058 64 Grand Flats Trail No Concerns. 15) A 2020-059 132 Wilhelm Street No Concerns. 16) A 2020-060 36 Jacob Gingrich Drive No Concerns. 17) A 2020-061 35 Sheldon Avenue North No Concerns. 18) A 2020-062 6 Willow Green Court No Concerns. 19) A 2020-063 353 Krug Street No Concerns. 20) A 2020-064 193 Strange Street No Concerns. 21) A 2020-065 192 Woolwich Street No Concerns. 22) A 2020-066 110 Fergus Avenue No Concerns. 23) A 2020-067 297 Ottawa Street South No Concerns. 24) A 2020-068 175 Queen Street North No Concerns. 25) A 2020-069 20 Hollybrook Trail No Concerns. 26) A 2020-070 43 Hollybrook Trail No Concerns. 27) A 2020-071 158 Pondcliffe Court No Concerns. 28) A 2020-072 900 Pondcliffe Court No Concerns. 29) A 2020-073 916 Pondcliffe Court No Concerns. 30) A 2020-074 31 Wilfong Drive 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 P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:September 15, 2020 Committeeof Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance Asareminder, the attachedletter from Nancy Davy, Director of Resource Managementwas circulated to municipalities to indicate that GRCAstaff do not have the capacity to review all minor variance applications at this time.If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B2020-026225Fairway RoadSouth B2020-02711Chicopee Park Court B2020-02811Chicopee Park Court B2020-029442Old Chicopee Trail B2020-03058Barbara Crescent B2020-031500KarnStreet B2020-032160Strange Street B2020-0334Westgate Walk B2020-034to B2020-036956. 958, 960, 962 Glasgow Street B2020-0371541Highland Road West The above-noted consent 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 fees will not be required. If you have any questionsor require additional information, please contact me at 519-621-2763 ext. 2228or aherreman@grandriver.ca. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority.