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Home My WebLink AboutDSD-20-124 - A 2020-060 - 36 Jacob Gingrich DrREPORT 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:3 rd DATE OF REPORT:September 3, 2020 REPORT #:DSD-20-124 SUBJECT:A2020-060–36 Jacob Gingerich Drive Applicant –Michael and Judith Rowley Recommendation: Approval Location Map: 36 Jacob Gingerich Drive *** 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 36 Jacob Gingerich Driveis zoned Residential Three (R-3)with Special Regulations 252R and 280Rin the Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The applicant is proposing to build arear yardaddition on to the existingsingle detached dwelling and cannotmeet the requirements of Section 37.2.1of the Zoning By-law. The applicant is requesting relief to allow a rearyardsetback of 6.63metres rather than the required 7.5metres. City Planning staff conducted a site inspection of the property on August 26, 2020. 36 Jacob Gingerich Drive(Rear view) 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 rear yard setback is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood.The proposed variance conforms tothe 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 rear yard setback of 6.63metres rather than the required 7.5 metres can be considered minor. The purpose of the 7.5 metressetback is to provide outdoor amenity space as well as adequate separation from neighbouring properties. The proposed addition is small in nature as a majority portion of the dwelling will continue to be setback further than the required 7.5 metres,which will still provide adequate rear yard amenity space and the impact on neighbouring propertiesis minimal. Application is Minor 3. The proposed reduction in the rearyard setback is minor as it represents only a 0.87m difference and will not adversely affect the subject property or adjacent 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–36 Jacob Gingerich Drive 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 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: Transportation Services hasno concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning has no concerns with this application. RECOMMENDATION That minor variance application A2020-060requesting permission to build an addition on an existing structure tohave a rearyard setback of 6.63metres rather than the permitted 7.5metres, 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.