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Home My WebLink AboutDSD-20-129 - A 2020-065 - 192 Woolwich SREPORT TO:Committee of Adjustment DATE OF MEETING:September 15, 2020 SUBMITTED BY:Juliane von Westerholt,Senior Planner-519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner –519-741-2200 ext. 7070 WARD:1 DATE OF REPORT:September 4, 2020 REPORT NUMBER:DSD-20-129 SUBJECT:ApplicationA2020-065 192 Woolwich Street Owners/Applicants–Daniela and Emilian Ioan Burca Approve Subject Property: 192 Woolwich Report: The subject property is designated as Low Rise Residential and Natural Heritage Conservation in the City’s Official Plan and zoned as Agricultural Zone (A-1) in Zoning By-law 85-1. Through Stage 2B of the Zoning By-law 2019-051 (CRoZByproject), the zoning of the subject propertywill be changed to a residential (RES) zone that reflects the current use. Section 5.5 of the Zoning By-law regulates accessory buildings for properties with a Residential, Institutional, Commercial-Residential, Mixed Use Corridor, Industrial-Residential (M-1) and Existing Use (E-1) Zone only. As such, no specific regulations exist for accessory buildings in the Agricultural Zone. Minor Variance Application A2020-056requests relief from Section 34.3.2 to permit a 3.0 metre setback for an accessory building, whereas the setback in the Agricultural Zone is 7.5 metres. A site inspection wasconducted on September 4, 2020. Existing Side Yard –192 Woolwich Street Planning Comments: 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. 1.General Intent of the Official Plan The intent of the Low Rise Residential land use designation is permit low density residential uses. The property was recently developed with a single detached dwelling. An accessory building is now proposed. Accessory buildings for a residential use are permitted for properties designatedas Low Rise Residential. The proposed accessory building is not located on the portion of the property that is designated as Natural Heritage Conservationand is located within the building envelope established through the approval of the single detached dwelling.Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2.General Intent of the Zoning By-law Theintent of the 7.5 metre setback in the A-1 zone is to ensure that there is an adequate setback for farm use buildings. As noted above, buildings accessory to a residential use are not contemplated in the A-1 Zone. The proposed detached accessory structureis appropriate given the location and use of the property. The proposed detached accessory building has an adequate setback, being 3.0 metres. Planning Staff is of the opinion that the requested minor variance meets the general intent of the Zoning By-law. 3.Is the Variance Minor? The requested minor variance exceeds the minimum requirement in Section 5.5 of the Zoning By- lawfor accessory building in residential zones. For residentially zoned properties, the minimum setback is only 0.6 metres. The proposed 3.0 metre setback will ensure the building can be built and maintained from the subject property. Therefore, Planning Staff is of the opinion that the requested minor varianceisminor. 4.Is the Variance Appropriate? Theproposed detached building is accessory to the principle single detached dwelling. The 3.0 metre setback is sufficient. Planning Staff is of the opinion that the varianceisappropriate. Building Comments: The Building Division has no objections to the proposed minor variance. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: Engineering staff have reviewed the application and have no concerns. EnvironmentalPlanning Comments: Great care has been made to retain as many trees as possible through the development of this property. The proposed accessory building should be located as per Dwg A1 by 360 Smart Designas submitted with the CofA application to minimize construction impacts on existing trees. Region of Waterloo: Regional staff hasreviewed the application and hasno concerns. RECOMMENDATION: That Minor Variance Application A2020-065requesting relief from Section 34.3.2 to permit a 3.0 metre setback for an accessory building, in the location generally shown on drawing A1 Site Plan, prepared by 360° Smart Design, dated June 2020, whereas 7.5 metres is required, be approved. ____________________________________________________________ Garett Stevenson, B.E.S.,MCIP, RPPJuliane von Westerholt,B.E.S., MCIP, RPP Senior PlannerSenior 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.