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Home My WebLink AboutDSD-20-127 - A 2020-063 - 353 Krug StStaff Report Development Services Department 1 :.x www1l tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 1 DATE OF REPORT: September 8, 2020 REPORT #: DSD -20-127 SUBJECT: A2020-063 — 353 Krug Street Owner — Richard and Deborah Nuhn Approve without conditions REPORT Planning Comments: The subject property is located on the south side of Krug Street, immediately east of the Highway 7/8 overpass, in the Rosemount Planning Community. The subject property is designated Low Rise Residential in the Official Plan and is zoned Residential Three (R-3) in By-law 85-1. As of yet, no new zoning category is proposed for the subject property through the City's Comprehensive Review of the Zoning By-law (CRoZBy). The property contains a 1.5 storey single detached dwelling constructed in approximately 1951. The property is in an area that contains mainly low-density residential uses. Planning staff visited the site on August 28, 2020. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The owner is requesting a side yard of 0.6 metres, whereas Zoning By-law 85-1 requires a minimum side yard of 1.2 metres, in order to facilitate the construction of a new, larger, one -storey carport (i.e., considered part of the dwelling). The owner intends on demolishing the existing carport, shed, and deck and constructing the new carport in their place. It should be noted that current carport is set back only 0.4 metres from the side lot line, whereas the new carport would be set back 0.6 metres. The new carport would be longer than the existing carport, but it would be set back about the same distance from the street (i.e., the carport would extend further into the rear yard). General Intent and Purpose of Official Plan Test A number of Official Plan policies are applicable to the requested variance, including, but not limited to: 4.C.1.8. Where ... variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the... minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new... additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. In this regard, the proposed carport is set back approximately the same distance from the street as the existing carport. The carport will meet all other zoning regulations, including building height. In addition, the proposed carport will be set back further from the side lot line than the existing carport. Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the by-law requiring a 1.2 metre side yard setback is to ensure adequate buffering between buildings, to ensure access to the rear yard, and to allow adequate space for the owner to maintain the property and dwelling from his/her property. In this regard, staff is satisfied that a 0.6 metre setback is adequate, especially considering the addition is only one -storey in height and because it is at the side of the dwelling. The applicant is putting a large door at the rear of the carport which will enable equipment to be transported into the rear yard (e.g., wheelbarrow, lawn mower). Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By- law. "Minor" Test The variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or lands. Planning staff is satisfied that a 0.6 metre side yard is an adequate buffer to the side yard of the adjacent property. It should be noted that the proposed carport actually increases the setback from the current situation. Planning staff is of the opinion that the variance is minor. Desirability for Appropriate Development of the Land Test The variance will allow the construction of a new carport which will make the dwelling more functional. Permitting the variance will facilitate the construction of a carport which helps to meet the City's Official Plan policy of encouraging and supporting the ongoing maintenance and stability of existing housing stock in the city by supporting the reuse and adaption of the housing stock through renovation, conversion and rehabilitation. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the carport and is currently under review. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: No concerns or comments. Environmental Planning Comments: No concerns or comments. Region Comments: No concerns. RECOMMENDATION That Minor Variance Application A2020-063 requesting relief from Section 37.2.1 to allow a side yard of 0.6 metres, whereas the Zoning By-law requires a minimum side yard of 1.2 metres, in order to facilitate the construction of a new, one -storey carport, be approved without conditions. Andrew Pinnell, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attach: • Proposed Plan Submitted with Application Form PL,ilaing i_ccatton Survey of LOT 34 P GiST.EREl3 PLAN! rap. 720 C;TY OF KITCHENER Re^yion,)l Municipohty of Waterloo O '020 30 tlO SCALE i; 240 —� —= —�---1 FEET W. .V,,FH S AUER LIMITE0- 1986 Cc) COPYR9,r;T C'?':..V'_ZS 3HpwN ON Twl5 RLAH -C IN FEET 6E :GVVERTZ0 YO METALS BY MULTIFL1E44 aY 0 WAS K R:)G 1 REE•f �161Q 1 h1 6$d 33' t: E REF E'RE NGF. OEARlNG t 3TIL.ITY - YOLT- n 90' from Express Way to hont comer of house. 60' along fence 30' Tram fence to Tront Comer of House Express Way %mmul Trial Fenced off Area 16 m Ta lt4.AI„. dSET> J`UiR.At. ,.-._`a-.•..._57..00 5'7 00 9Am E N 65. a3E r R, PL.I fO to,, t<s IN.ST 1.3m- .3m_6m 6m till j ti) oo gR14K µOiISE T:) Sa wz, 563 rf } J l:� 1� 113 11-11, T, W 3.6 EA X X1 Z.1 ry 1 S 16'x 27' At1RVEY0R•5 CERTIFICAT.L 1C JN3 SVF.VEY MDNUMENTS ` I GEPTtrY THAT'. 'PL NTEO SURVEY MSINMEHTs 1 TRE FICLO SURVEY HERRESENTEO ON THIS PL/AN WAS Sr"N RD Moil AR ` O 04 1'H£ 2S Tµ .9410. .011.1RAU. BAR RMRiO IRON Pap h7a. a INsr' a CUs ROSS o_ D TE4I 1 704175 IRON Tl/AE 'RFA SUREO ONTARIO FANO SnRV EYOR ,C(FSTT,pN£u 7" WYMAN a AUER LIMITED REGISTERED PLAN HO_ 720 POST A WIPe IENCE HEdR.IN�S_ ARE ASTRONOMIC Ml£ RNO ARE naE S011T HE RLY tl_IMtT tlK' KRUQ STREET RCFEHAEG TO r r .. M ORIGIN UNKNOWN As SHOWN ON R. PI.. NO. 720 G37 KING ST . , SUITE 102 - —VIKE A OEAH"is (IF H G5" 33' E. NIT'.EFER'—ONTr_ARIO 1.5 . N { _ MAY I, 1906 € GM0 1 PCW Y � — J G {] t �• �j y "1 , 5 L 0 I W i � j � yp— EAgFd4FA•7'-, lNST. A.p� J`UiR.At. ,.-._`a-.•..._57..00 E N 65. a3E r R, PL.I fO to,, IN.ST 0. ap oo ""-'-------Yal y J l:� 11-11, T, W an --_.__ .a_' FR EA r P. p rrl LM, 1 pGI At1RVEY0R•5 CERTIFICAT.L 1C JN3 SVF.VEY MDNUMENTS ` I GEPTtrY THAT'. 'PL NTEO SURVEY MSINMEHTs 1 TRE FICLO SURVEY HERRESENTEO ON THIS PL/AN WAS Sr"N RD Moil AR ` O 04 1'H£ 2S Tµ .9410. .011.1RAU. BAR RMRiO IRON Pap e 9aG JRA1 � CUs ROSS D TE4I L C W dyN IRON Tl/AE 'RFA SUREO ONTARIO FANO SnRV EYOR ,C(FSTT,pN£u WYMAN a AUER LIMITED REGISTERED PLAN HO_ 720 POST A WIPe IENCE HEdR.IN�S_ ARE ASTRONOMIC Ml£ RNO ARE naE S011T HE RLY tl_IMtT tlK' KRUQ STREET RCFEHAEG TO ONTARIO LAND SURVEYORS ORIGIN UNKNOWN As SHOWN ON R. PI.. NO. 720 G37 KING ST . , SUITE 102 - —VIKE A OEAH"is (IF H G5" 33' E. NIT'.EFER'—ONTr_ARIO 1.5 . _ MAY I, 1906 € GM0 1 PCW Y Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN 4) VAR KIT, KANCO 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. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No 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, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 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 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff 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 B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland 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 questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT 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 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River