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HomeMy WebLinkAboutDSD-20-184 - A 2020-090 - 305 Driftwood DrREPORT TO:Committee of Adjustment DATE OF MEETING:November 17, 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:7 DATE OF REPORT:November 4, 2020 REPORT #:DSD-20-184 SUBJECT:A2020-090–305 Driftwood Drive Owner –Meaghan Campbell & Matthew Feetham Approvewith conditions Location Map: 305 Driftwood Drive REPORT Planning Comments: The subject property located at 305 Driftwood Driveis zoned Residential Three(R-3)in Zoning By-law 85-1 and designated Low Rise Residential inthe City’s Official Plan. The applicant was issued a permit to construct a new pool on the subject property and construction is well underway. After the fact, it was *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. discovered that the rear yard ofthe propertyencroaches into City land to the rear, which is a public park. Several other properties on Driftwood Drive also encroach. Theapplicant and staff from several city departments engaged in discussions on the matter, and it was determined that the City could support the continued encroachment provided an encroachment agreement is entered into with the City. Aerial image of subject property and diagram of proposed pool With respect to zoning, a pool requiresa 0.6 metre rear yard setback. Due to the property owner being unaware of the encroachment issue, the pool has been built with no rear yard setback. As such, the applicantis requesting relief from Section 5.6A.5 of the Zoning By-law to permit a pool to be 0 metres from the rear lot line, whereas 0.6 metres is required. City Planning staff conducted a site inspection of the property on October 27, 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 offersthe following comments. 1.General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low-density neighbourhood. The requested varianceis appropriate, as the reduced pool setback will not impact the low-density character of the neighbourhood, and the general intent and purpose of the Official Plan is maintained. 2.General Intent and Purpose of Zoning By-law Test The requested variance to locate a pool 0 metres from the rear lot line, whereas a minimum of 0.6 metres is required, meets the general intent and purpose of the Zoning By-law. The purpose of the 0.6 metre requirement is to providesufficientdistance between the pool and the property line to facilitate maintenance around the perimeter of a pool. In this case,sufficient space will be provided around the perimeter of the pool to allow for maintenance (etc.), though that space will be provided on City-owned land. Permission to allow the pool on this space is proposed to be secured through an encroachment agreement which has been added as a condition of approval. 3. “Minor” Test The variance can be considered minor as the reduced pool setback to the rear lot line will not impact how the property can be used, or how the neighbourhood functions. Several lots on this street have been existing for some time with a rear yard encroachment onto City land, and the City is supportive of ‘legalizing’ these encroachments. In many respects, the status quo will be maintained, despite the legalization, as the encroachment has been existing for some time. 4.Desirability for Appropriate Development or Use Test The requested varianceis appropriate for the development and use of the land, as the proposed pool and general use of the rear yardis consistent with the low-density development of the neighbourhood. Based on the foregoing, Planning staff recommends thatthis application be approvedwith condition. Building Comments: The Building Division has no objections to the proposed variance. Permit has been issued. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage has no concerns with the proposed variance. Environmental Comments: No environmental planning concerns, subject to a condition being imposed that they are required to enter into an encroachment agreement with the City. RECOMMENDATION A.That Minor Variance Application A2020-090requesting relief from Section 5.6A.5 of the Zoning By-law to permit a pool to be 0 metres from the rear lot line, whereas 0.6 metres is required,BE APPROVEDsubject to the following condition: 1.That the Owner enter into an encroachment agreement with the City of Kitchener to locate a portion ofa pool, any related landscaping, any fencing, and any other similar features that are locatedon land owned by the City, to the satisfaction of the City Solicitor; Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Planner 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.