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Home My WebLink AboutDSD-20-137 - A 2020-073 - 916 Pondcliffe CrtREPORT TO:Committee of Adjustment DATE OF MEETING:September 15, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Richard Kelly-Ruetz,Planner–519-741-2200 ext. 7110 WARD:4 DATE OF REPORT:September 2, 2020 REPORT #:DSD-20-137 SUBJECT:A2020-073–916Pondcliffe Court Owner –Kenmore Homes (Waterloo Region) Inc. Applicant –Andrea Sinclair (MHBC Planning) Approve Location Map: 916Pondcliffe Court *** 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: The subject property located at 916Pondcliffe Courtis zoned Residential Three(R-3)with Special Regulation Provision463Rin Zoning By-law 85-1 and designated Low Rise Residential inthe City’s Official Plan. The applicant is constructing a new dwelling on the subject property and is requesting relief from Section 6.1.1.1 b) iv) to allowan access driveway to be 7 metres from the intersection of the street lines abutting the lot rather than the required 9 metres, relief from Section 37.2.1 to allow a covered, unenclosed porch above 0.6 metres in height to be located 4 metres from the sideyard abutting a street rather than the required 4.5 metres, and relief from Section 37.2.1 to have a rear yard of 7 metres rather than the required 7.5 metres,. City Planning staff conducted a site inspection of the property on September 2, 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 offersthe following comments. 1.General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low-density neighbourhood. The requested variances are appropriate, as the reduction in the driveway setback to the intersection, reduced front porch setback, and reduced rear yard setback will maintain the general intent and purpose of the Official Plan and is consistent with the low-density character of the neighbourhood. 2.General Intent and Purpose of Zoning By-law Test The requested variance to construct a single detached dwelling on a corner lot with a driveway that is setback 6.4metres from the intersection of the street linesabutting the lotrather than the required 9 metres meets the general intent and purpose of the Zoning By-law. The purpose of this regulation is to provide adequate separation between the corner of a lot and the driveway to maintain visibility for safety reasons, which would result in an aesthetically pleasing streetscape by opening up opportunities for landscaping (etc.). Staff is satisfied that the 2.6metre reduction in the setback will continue to maintain the intent of the By-law as there remains sufficient visibility and space on the property to landscape (etc.)and is partly due to its slightly irregular shape. Staff notes that Transportation staff issupportive of the request. The requested variance to allow a covered porch above 0.6 metres in grade to be 4 metres from a side lot line abutting a street rather than the required 4.5 metres meets the general intent and purpose of the Zoning By-law. The purpose of the setback is to provide a consistent streetscape, and the 0.5 metre reduction will not impact the streetscape in a significant way. The requested variance to allow a reduced rear yard of 7 metres rather than 7.5 metres meets the general intent and purpose of the Zoning By-law. The purpose of the rear yard setback is to provide enoughoutdoor amenity space for a property. Staff is satisfied that with the 7 metresrear yard setback, there will be enough amenity space for the property owner to enjoy. 3.“Minor” Test The variancescan be considered minor as the reduced driveway setback to the intersection of the street lines abutting the lot, the reduced front porch setback, and the reduced rear yard setback will not impact how the property can be used, or how the neighbourhood functions. All reductions are relatively small and staff has no concerns with the requests. 4.Desirability for Appropriate Development or Use Test The requested variancesare appropriate for the development and use of the land, as the proposed single detached dwelling is consistent with the low-density development of the neighbourhood, and the requested driveway with a reduced setback to the intersection to the street lines abutting the lot, front porch with a reduced setback to the side lot line abutting a street, and reduced rear yard setback will not impact the neighbourhood in a significant way. Based on the foregoing, Planning staff recommends thatthis application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Due to the low traffic nature of the roadway, as well as the fact that both “corner” lot lines abut the same local roadway, Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage has no concerns with the proposed variance. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A.That Minor Variance Application A2020-073requesting relief from Section 6.1.1.1 b) iv) to allow an access driveway to be 7metres from the intersection of the street lines abutting the lot rather than the required 9 metres, relief from Section 37.2.1 to allow a covered, unenclosed porch above 0.6 metres in height to be located 4 metres from the side yard abutting a street, rather than the required 4.5 metres,and relief from Section 37.2.1 to have a rear yard of 7 metres rather than the required 7.5 metres, BE APPROVED. Richard Kelly-Ruetz, 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.