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Home My WebLink AboutDSD-20-163 - A 2020-077 - 177 Wilderness DrREPORT TO:Committee of Adjustment DATE OF MEETING:October 20, 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:5 DATE OF REPORT:October 9, 2020 REPORT NUMBER:DSD-20-163 SUBJECT:ApplicationA2020-077 177 Wilderness Drive Owners/Applicants–Pinkal Ambalal Patel & Pinalben Pinkal Patel Approve Subject Property: 177 Wilderness Drive Report: The subject property is designated as Low Rise Residential in the City’s Official Plan and zoned as Residential Four (R-4) in Zoning By-law 85-1. Minor Variance Application A2020-077requests relief from Section5.6.1(b) to permit steps within an interior side yard of 0.6 metres whereas 0.75 metres. A site inspection wasconducted on October 13, 2020. Existing Side Yard –177 Wilderness Drive 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 isto permit low density residential uses. The property is developed with a single detached dwelling. Anew side door access is now proposed to permit a direct entry into the basementfor a future duplex use.Low density residential uses, including single detached and duplex dwellings, are permitted in the Low Rise Residential land use designation. 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 0.75 metre setback is to ensure that there is adequateroom to maintain the steps and toensure that stepsand landings are not located too closeto a property lineto impactto an adjacent property. The 0.6 metres setback is sufficient to construct and maintain the steps and landing within the limit of the property. The landing is 0.75 metres above gradeand isproposed to be the minimum size requiredby the Ontario Building Code.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 steps and landing will not have adverse impacts to the adjacent property. The opposite side yard will allow for access to the rear yard from the front yard. The steps and landing are for access only and are not sized or designed to serve as amenity purposein the side yard.The requested variance is minor. 4.Is the Variance Appropriate? The reduction from 0.75 metres to 0.6 metres is appropriate,as it will allow for a private and separate access to the future dwelling in the basement.Planning Staff is of the opinion that the varianceis appropriate. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to change the use into a duplex and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: Engineering has no comments or concerns. EnvironmentalPlanning Comments: Environmental Planning staff has no comments or concerns. Region of Waterloo: Regional staff hasreviewed the application and hasno concerns. RECOMMENDATION: Minor Variance Application A2020-077 requests relief from Section 5.6.1(b) to permit steps within an interior side yard of 0.6 metres whereas 0.75 metres, be approved. ____________________________________________________________ Garett Stevenson, B.E.S., MCIP, RPPJuliane von Westerholt, B.E.S., MCIP, RPP Senior PlannerSenior Planner September 30, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 7) St. John Bapt. Romanian, 1996-053 Kitchener, ON N2G 4G7 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 56 Roos Street No Concerns. 2) A 2020-075 44 Martin Street No Concerns. 3) A 2020-076 632 Beckview Crescent No Concerns. 4) A 2020-077 177 Wilderness Drive No Concerns. 5) A 2020-078 28 Valencia Avenue No Concerns. 6) A 2020-079 368 Wellington Street North No Concerns. 7) A 2020-080 335 Lancaster Street West No Concerns. 8) A 2020-081 825 King Street West No Concerns. 9) A 2020-082 293 Blucher Boulevard No Concerns. 10) A 2020-083 44 Breithaupt Street No Concerns. 11) A 2020-084 517 Old Cottage Close No Concerns. 12) A 2020-085 & A2020-086 124 Mill Street 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЊЌЋВЎ tğŭĻ Њ ƚŅ Ћ 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 October 8, 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:October 20, 2020 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance 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 2020-026225 Fairway Road South B 2020-0334 Westgate Walk B 2020-039518 Bridgeport Road East B 2020-040518Bridgeport Road East B2020-041122-124MillStreet 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@grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority *Thesecomments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority.