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Home My WebLink AboutDSD-20-165 - A 2020-079 - 368 Wellington St NREPORT TO:Committee of Adjustment DATE OF MEETING:October 20, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Tim Seyler, Planner–519-741-2200 ext. 7860 WARD:10 DATE OF REPORT:October 9, 2020 REPORT #:DSD-20-165 SUBJECT:A2020-079–368 Wellington Street North Applicant –Debra Riddell Recommendation: Approval Location Map: 368 Wellington Street North REPORT Planning Comments: Thesubject property located at 368 Wellington Street North is zoned Residential Five(R-5)with Special UseProvision 129Uand designated Low Rise Residentialin the City’s Official Plan. The applicant is proposing to build an additionand associated deckon to the existingsingle detacheddwelling and cannot *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. meet the requirements of Section 39.2.1of the Zoning By-law. The applicant is requesting relief to allow aside yardsetback of 0.6metres rather than the required 1.2metres. City Planning staff conducted a site inspection of the property on October 6,2020. 368 Wellington Street North(Front and Side 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 isdesignated Low RiseResidential in the City’s Official Plan.The intent of this designation is toencourage a range of different forms of housing to achieve a lowdensity neighbourhood.The requested variance to reduce the side yard setback isappropriate and continues to maintain the low density character of the property and surrounding neighbourhood.Staff is in support of the application, as it is compatible with the established neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2.The current R-5zoningrequires a 1.2metre setback from the sidelot line to ensure there is adequate separation from the neighbouring property. The additionin questionis replacing a former mudroom and deck that was existing on site with a setback of 0.6m. Due to the age of the mudroom the applicant is replacing and renovatingthe structure in the existing location.The reduction in the side yard setback will have a minimal effecton adjacent lands,as the additionand deckwill be located in the same location as the former structures.As such,staff is satisfied the requested variance to reduce the sideyard setback to 0.6metres whereas 1.2metres is required,meets the general intent of the Zoning By-law. Application is Minor 3. The proposed reduction in the sideyard setback will be negligible as it is replacing an existing legal non-conforming setbackandwill not impact the existing neighbourhood.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. 0.6m(2ft) side yard setback Proposed additionand deck–368 Wellington Street North 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. Application has been made for the addition and deckand is currently under review Transportation Services Comments: Transportation Services hasno concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: There are no cultural heritage planning concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 368 Wellington Street North is located within the Mt Hope/Breithaupt Neighbourhood Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased CHL conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION That minor variance application A2020-079requesting permission to build an additionand associated decktohave a sideyard setback of 0.6metres rather than the permitted 1.2metres, be approved. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior 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.