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Home My WebLink AboutDSD-20-170 - A 2020-084 - 517 Old Cottage CloseREPORT TO:Committee of Adjustment DATE OF MEETING:October 20, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Eric Schneider, Planner–519-741-2200 ext. 7843 WARD:1 DATE OF REPORT:October 13, 2020 REPORT #:DSD-20-170 SUBJECT:A2020-084–517 Old Cottage Close Applicant –Josh Marques Recommendation: Approve withonecondition Location Map: 517 Old Cottage Close *** 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 517 Old Cottage CloseiszonedResidential ThreeZone(R-3)in the Zoning By-law. Theproperty is designated Low Rise Residential in the Official Plan.Staff conducted a site inspection of the property on October 8,2020. The applicant is requesting relief from the Zoning By-law toallow anuncovered, unenclosed deck in the rear yard to be located 3.5metres from the rear lot line rather than the 4.0metres required. View of Rear Yard(October 8,2020) 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 offers the following comments. General Intent of the Official Plan 1.The requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in setback for a deckdoes not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2.The intent of the regulationthat requires a 4.0metresrear yard setbackfor a deckis to ensure that there is adequate amenity space on site and adequate separation of decksfrom adjacent propertiesfor privacyreasons.The subject property backs onto a natural area (Falconridge Natural Area) that is designated Natural Heritage Conservation in the Official Plan. As this land will not be developed with homes, Planning Staff is not concernedwith issues of privacy and adequate separation. The subject property is a pie-shaped lot with a large rear yard, and adequate amenity space exists on the south side of the rear yard. As there are no concerns with amenity space, privacy, or separation, Staff isof the opinion that therequested variance meets thegeneralintent of the Zoning By-law. Is the Variance Appropriate? 3.Thevariance request is for the rear yard and does not abut any residential properties. Therefore, Staff is of the opinion that this variance will not cause any adverse impacts and is considered tobe appropriate. Is the Variance Minor? 4.Therequested variance represents a small reduction in setback and is not expected to cause any issues on site or for any neighbouring lands. Therefore, Staff considersthe requested variance to be minor. Building Comments: The Building Division has no objections to the proposed variance. Permit has been issued. Revised permit drawings required. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-084requesting permission to construct an uncovered, deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.5 metres rather than the required 4metres be approved, subject to the following condition: 1.That the Owner submitsrevised building permit drawings for permit #2020 117166 to the satisfaction of the Chief Building Official. _____ Eric Schneider,MCIP, RPP Juliane von Westerholt,B.E.S., 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.