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Home My WebLink AboutDSD-20-181 - A 2020-087 - 380 Grand River Blvd`` REPORT TO:Committee of Adjustment DATE OF MEETING:November 17,2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Sheryl Rice Menezes, Planning Technician –519-741-2200 ext. 7844 WARD:2 DATE OF REPORT:November 6, 2020 REPORT #:DSD-20-181 SUBJECT:A 2020-087–380 Grand River Boulevard Applicant: Marley Bernier Owners–Lauri Ann and Mark Panchaud Recommendation: Approve Subject Property Photo 1: Aerial photo REPORT Planning Comments: The property is zoned R-3(Residential Three)in By-law 85-1 and designated as Low Rise Residentialin the Official Plan. It is located on the south side of Grand River Boulevard between Manitoulin Crescent and Wyandotte Court.Staff visited the site onNovember 6,2020. The owner is requesting permission to legalize an existing single detached dwelling having the required off-street parking located 2.3 metres from the property line rather than the required 6 metres; andto allow an easterly driveway widening of the same material having a length of 2.5 metres rather than the required 5.5 metres. Photo 2: November 6, 2020. 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 offer the following comments. General Intent of the Official Plan The subject property is designated Low Rise Residential. The intent of the designationis to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property as a single detached dwelling with a minimum of one legal parking space achieves this intent and therefore it is the opinion of staff that the requested variancesmeet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulationfor the legal off-street parking space to be located 6 metres from the front lot line is to ensure that parking spaces for dwellings are not all located 0 m from the front lot line which would result in vehicles dominating the streetscape. In addition, having the minimum 6-metres setback provides for a second parking space for the occupants. The proposed setback of 2.3 metresprovides an adequate buffer so that the parking spaces is not negatively impacting the streetscape. The intent of the regulation for a driveway widening to be a minimum of 5.5 metres in depth is to ensure that a vehicle parked on the widened area does not encroachor overhang over a City sidewalk. The widened area is existing as the ownershad original proposed extending the driveway along the side of the house to provide the 6-metresetback for the legal off-street spaceinstead of in the garage.However, they now wish to instead legalize an off-street parking space to be located in front of the former garage. This results in the shorteneddriveway widening. To length the area would require removing an existing tree (see photo 2). It is noted that in the future, should the occupants wish to length the widened area there is opportunity to do that. In the meantime, the intent of the regulation is met, as a vehicle can park on the area and not encroach onto the City sidewalk as shown in the photo. It is noted that the existing driveway width meets the maximum width regulation for a driveway on this property(which is half the frontage). Minor As noted above, both variances meet the intent of the bylaw and for the same reasoning may be considered minor. Appropriate Development The first variance provides some setback and the second request does not impact the use of the City sidewalk. Consequently, the requests may be considered appropriate development for the subject property and the neighbouring streetscape. Based on the foregoing, Planning staff recommends that this application be approvedasoutlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance.Permit #20-105297 has been issued (for main floor renovationsandconverting a portion of the garage to heated living space at a single detached dwelling). Revised permit drawings required. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. RECOMMENDATION: That application A 2020-087requesting permission to legalize an existing single detached dwelling having the required off-street parking located 2.3 metres from the property line rather than the required 6 metres; and to allow an easterly driveway widening of the same material having a length of 2.5 metres rather than the required 5.5 metres;be approved, subject to the following conditions: 1)That revised drawings be submitted for the issued building permit #20-105297 to the satisfaction of the Building Division; and, 2)That condition 1 above be completed by March 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. _____________________________________________________________ Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning)Senior Planner October 28, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 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) A 2020-087 380 Grand River Boulevard No Concerns. 2) A 2020-088 339 Rosemount Drive No Concerns. 3) A 2020-089 34 Dunham Avenue No Concerns. 4) A 2020-090 305 Driftwood Drive No Concerns. 5) A 2020-091 12 Rose Street No Concerns. 6) A 2020-092 180 Grand Flats Trail No Concerns. 7) A 2020-093 41 Valleybrook Drive No Concerns. 8) A 2020-094 53 Valleybrook Drive No Concerns. 9) A 2020-095 236 Woodhaven Road No Concerns. 10) A 2020-096 919 Eaglecrest Court No Concerns. 11) A 2020-097 923 Eaglecrest Court No Concerns. 12) A 2020-098 928 Eaglecrest Court No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЍЌЋВЏ tğŭĻ Њ ƚŅ Ћ 13)A 2020-09980Westwood DriveNo Concernsto the application.However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 9 -11 Samuel Street No Concerns. 15) A 2020-101 8 Devon Street No Concerns. 16) A 2020-102 89 Water Street South 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 November 4, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:November 17, 2020 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2020-080335Lancaster Street WestA2020-09453Valleybrook Drive A2020-087380Grand River BoulevardA2020-095236Woodhaven Road A2020-088339Rosemount DriveA2020-096919Eaglecrest Court A2020-08934Dunham AvenueA2020-097923Eaglecrest Court A2020-090305Driftwood DriveA2020-098928Eaglecrest Court A2020-09112Rose StreetA2020-09980WestwoodDrive A2020-092180Grand Flats TrailA2020-1009-11Samuel Street A2020-09341Valleybrook DriveA2020-1018Devon Street A2020-10289Water Street South Applications for Consent B 2020-042101-103Schweitzer Street B 2020-043440Lancaster Street B 2020-044956Glasgow Street 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 *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.