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Home My WebLink AboutDSD-20-123 - A 2020-059 - 132 Wilhelm StREPORT 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:10 rd DATE OF REPORT:September 3, 2020 REPORT #:DSD-20-123 SUBJECT:A2020-059–132 Wilhelm Street Applicant –David and Erin Westra Recommendation: Approvalwith conditions Location Map: 132 Wilhelm Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: Thesubject property located at 132 Wilhelm Streetis zoned Residential Four(R-4)in the Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The applicant is proposing to build afrontyardaddition on to the existingsingle detacheddwelling and cannotmeet the requirements of Section 38.2.1of the Zoning By-law. The applicant is requesting relief to allow an addition to have afront yardsetback of 5.15 metres and a front yard porch to have a front yard setback of 3.4 metres rather than the required minimum front yard setback of 6.15metresfor both the dwelling and a porch that is over 0.6 metres in height, as identified for lands identified on Appendix ‘H’. City Planning staff conducted a site inspection of the property on August 26, 2020. 132 Wilhelm Street(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, which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced frontyard setback is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood.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 variance to have a front yard setback of 5.15 metres and a porch setback of 3.4 metres whereas 6.15 metres is the requiredfront yard setback for both the dwelling and for a porch that is over 0.6 metres in heightmeet the general intent of the Zoning By-law. The purpose of the front yard setback for lands identified on Appendix H (RIENS)is to provide a consistent front yard setbackthroughout along the streetline throughout the neighbourhood. The proposed addition is small innature and is setback further than the neighbouring property to the east. Staff is satisfied that the front yard setback and porch setback will continue to provide a consistent streetline and thus meets the general intent of the Zoning By-law. Application is Minor 3. Theproposed reductionsin the front yard setbackand porch setbackis minor as it represents only a1.0 metresdifference and will not adversely affect the subject property or adjacentproperties. 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 addition–132 Wilhelm Street 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 varianceprovided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given that the potential encroachment into the DVT is fairly minimal and should not impact sightlines significantly, Transportation Services can support the proposed application. Environmental Comments: The mature urban forest is one of the identified attributes contributing to the value of the Mount Hope – Breithaupt Cultural Heritage Landscape. A healthy, mature tree graces the front yard of this home, and measures should be taken to ensure that the addition’s construction (including proposed covered porch and new steps) will not have negative effects on this tree. Therefore, the City is requesting that a (Scoped) Tree Preservation Plan be undertaken by a certified arborist and approved by the City’s Urban Designer or Environmental Planner, in order toprovide advice to the homeowner and contractor on measures to protect the tree’s continued vigour. A condition to require the approval of a (Scoped) Tree Preservation Plan prior to the issuance of the building permit(s) should be requested as part of the approval of the variance. Heritage Comments: There are no cultural heritage concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 132 Wilhelm Street is located within the Mt Hope/Breithaupt Neighbourhood Cultural Heritage Landscape. 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 and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. 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. RECOMMENDATION That minor variance application A2020-059requesting permission to build afront yardaddition on an existing structure tohave a frontyard setbackof 5.15 metres and a front yard porch setback of 3.40 metres rather than the permitted 6.15metresrequired for both the dwelling and for a porch that is over 0.6 metres in height,be approvedwith conditions: 1.For the owner to submit a scopedTree Management Plan/Arborist Report to be submitted and approved by the Director of Planning, prior to issuance of a buildingpermit. 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.