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Home My WebLink AboutDSD-20-169 - A 2020-083 - 44 Breithaupt StREPORT TO:Committee of Adjustment DATE OF MEETING:October 20, 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:10 DATE OF REPORT:October 9, 2020 REPORT #:DSD-20-169 SUBJECT:A2020-083–44 Breithaupt Street Applicant/Owner –David Elliot Approvewith onecondition AS AMENDED Location Map: 44 Breithaupt Street REPORT Planning Comments: The subject property located at 44 Breithaupt Street is zoned Industrial Residential (M-1) in Zoning By- law 85-1 and designated General Industrial Employment in the City’s Official Plan. The applicant is proposing to construct aset of stairs that is 1.52 metres above grade in the front yard, which will facilitate access to a front porch.Background and requested variances are outlined below. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. City Planning staff conducted a site inspection of the property on October 7, 2020. The stairs shown in the photo are to be removedand replaced. In August 2019, a previous variance for the subject property was approved by Committee (A2019-098). The variance requested to locate afirst/second storey porch 1.35 metres from the front property line and within a portion of the Driveway Visibility Triangle (DVT). This request was approved by Committeeand the porch has since been constructed, as shown in the site visit photo above. In the time since, a set of stairs on the lower porch was constructed.The City’s Building Division have flagged that thesestairs do not comply with the Building Code or the Zoning By-law. To address these concerns, the Owner is proposing to remove the existing stairs and construct new stairs which will comply with the Building Code. To address the non-compliance with the Zoning By-law, variancesare required. As such, the applicant is requesting relief from Section 19.3 of the Zoning By-law to allow for stairs above 0.6 metres in height to have a front yard setback of 0.03 metres, whereas 6 metres isrequired, and relief from Section 5.3 of the Zoning By-law to locate stairs above 0.9 metres in height within a Driveway Visibility Triangle, whereas only object 0.9 metres or less in height are permitted within a visibility triangle. The stairs are 1.52 metres above grade. Sketch of proposed *new* stairs at Subject Property Note –Typographical Error It has come to staff’s attention that notice was provided for theminor variance request to locate a set of stairs 0.3 metresfrom the front property line. This is incorrect, as the requested variance is locate a set of stairs 0.03 metresfrom the front property line. As such, staff recommends that the formal requestbe AMENDED to correct this typographical error. Staff is of the opinion that sufficient notice was given for the minor variance application and the typographical error does not change the overall nature of the application. 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 General Industrial Employmentin the Official Plan. The intent of this designation is to provide for a broad range of industrial uses. The subject property currently contains an existing residential use and the policies of the General Industrial Employment designation contain language to recognize existing residential uses. As such, the variances to reduce the front yardfor a set of stairsand locate the stairsin a visibility triangle isappropriate and will continue to maintain the residentialcharacter of the property and surrounding neighbourhood.It is the opinion of staff that the requested variancesmeet the general intent of the Official Plan. 2.General Intent and Purpose of Zoning By-law Test The requested variance to permit a front yard setback of 0.03metres, whereas 6metres is required, meets thegeneralintent of the Zoning By-law. The purpose of a front yardsetback of 6metres is to provide a consistent streetscape for dwellings, and a separation from the public right-of-way for any industrial and residential uses.The consistent streetscape will be maintained, as adjacent residential properties have similar front yard setbacks. As such, staff is satisfied that the general intent of the Zoning By-law is met. Therequested variance to allow a set of stairs that is 1.52 metres in heightto be located in a visibility triangle, whereas the By-law does not allow objects above 0.9metres in height to be within a visibility triangle, meets the general intent of the Zoning By-law. The intent of not permitting objects above 0.9 metres in height within a visibility triangle is to maintain sufficient visibility of the street and sidewalk for vehicles entering and existing the driveway of the subject property. The area below the set of stairswithin the visibility triangle will be‘open’, except for small support column(s).Therefore, there will continue to be a similar amount of visibility as is currently existing, thus maintaining the general intent of the By-law. Staff notesthat transportation staff is supportive of the proposed encroachment into a driveway visibility triangle. 3.“Minor” Test The variancescan be considered minor as the reduced frontyard setbackfor a set of stairs and stairswithin a visibility trianglewill not present any significant impacts to adjacent properties or the overall neighbourhood. The stairs are a practical use of the front yard and will complement the existing front porch on the subject property. The height ofthe stairs is in line with the height of the front porch and staff has no concerns with permitting the stairs to be closer to the front property line than the By-law would otherwise allow.Staff is satisfied that the requested variances are minor. 4.Desirability for Appropriate Development or Use Test The requested variances for a reduced front yard setback for a set of stairs andlocating the stairs withina visibility triangleis appropriate for the development and use of the land.The front porch is existing, and the new set of stairs will facilitate access to the front porch. Staff is satisfied the proposal is appropriate for the use and development of the land. Based on the foregoing, Planning staff recommends thatthis application beapprovedwithone condition AS AMENDED. Building Comments: The Building Division has no objections to the proposed variance provided building permit to front porch and stairs is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support the encroachment into the driveway visibility triangle (DVT), provided that the area underneath the deck remains open and unobstructed. 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 44 Breithaupt Street is located within the Warehouse District 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. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A.That Minor Variance Application A2020-083requesting relief from Section 19.3 of the Zoning By-law to allow for stairs above 0.6 metres in height to have a front yard setback of 0.03 metres, whereas 6 metres isrequired, and relief from Section 5.3 of the Zoning By- law to locate stairs above 0.9 metres in height within a Driveway Visibility Triangle, whereas only object 0.9 metres or less in height are permitted within a visibilitytriangle, beapproved AS AMENDED,subject to the following condition: 1.That the area beneath the staircase/deck remainunobstructed, save and except for any structural support posts. Richard Kelly-Ruetz, 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.