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Home My WebLink AboutDSD-20-120 - A 2020-056 - 49 Lichty CresREPORT TO:Committee of Adjustment DATE OF MEETING:September 15, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Eric Schneider, Planner–519-741-2200 ext. 7843 WARD:1 DATE OF REPORT:September4, 2020 REPORT #:DSD-20-120 SUBJECT:A2020-056–49 Lichty Crescent Applicant –Boban Jokanovic Recommendation: Approval Location Map: 49 Lichty Crescent *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Background: The subject property was severed from 53 Lichty Crescent in application B2019- 012. The Committee of Adjustment approved the application on April 16, 2019 and it was endorsed February 13, 2020. Planning Comments: The subject property located at 49 Lichty CrescentiszonedResidential ThreeZone(R-3)inthe Zoning By-law. Theproperty is designated Low Rise Residential in the Official Plan.Staff conducted a site inspection of the property on September 4,2020. The applicant is requesting relief from the zoning by-law to legalize an existing concrete retainingwall that was poured as part of the foundation for the duplex dwellingbeing constructed on site.The retaining wall is located1.02 metres from the internal side property line whereas the minimumsetback is 1.2 metres in the Zoning By-law. View of Existing Duplex Dwelling(September4,2020) 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 requested variance meets the general intent of the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in side yard setback does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2.The intent of the regulationthat requires a side yard setback of 1.2 metres is to ensure that there is access into the rear yard and to provide separation of buildings. Theproposed side yard setback of 1.02 metres will continueto provide access to the rear yard on the right side, as well as the access provided on the left side of with the 1.2 metre side yard setback. The main walls of the home under construction are meeting the side yard setback, it is a concrete retaining wall attached to the foundation that is located 1.02 metres from the side yard property line. Therefore, staff is of the opinionthatthere is adequate separation of buildings andthatrear yard access can still be provided.Staff isof the opinion that the requested variance meets thegeneralintent of the Zoning By-law. Is the Variance Appropriate? 3.The minor reduction in side yard setback for a concrete retaining wall is not expected to cause adverse impacts in the neighbourhood and is therefore considered appropriate. Is the Variance Minor? 4.Thereduction of side yard setback will maintainadequate space for separation of buildings and can continue toprovide rear yard access.Therefore,the requested variance is considered minor. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services does not have anyconcerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-056requesting permission to legalize an existing retaining wall in the rear yard of a duplex dwelling having a southerly side yard setback of 1.02m rather than the required 1.2mbe approved. _____ Eric Schneider,MCIP, RPP Juliane von Westerholt,B.E.S., 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.