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Home My WebLink AboutDSD-20-185 - A 2020-091 - 12 Rose StREPORT TO:Committee of Adjustment DATE OF MEETING:November 17, 2020 SUBMITTED BY:Juliane von Westerholt,Senior Planner-519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner –519-741-2200 ext. 7070 WARD:10 DATE OF REPORT:November 10, 2020 REPORT NUMBER:DSD-20-185 SUBJECT:ApplicationA2020-091 12 Rose Street Owner-Adam Patrick Hirdes Applicant–Steven Ross, Duncan, Linton LLB Approve Subject Property: 12 Rose Street Report: The subject property is designated as Low Rise Residential in the City’s Official Plan and zoned as Residential Four (R-4) in Zoning By-law 85-1. Minor Variance Application A2020-091 requests relief from Section 38.2.1 to permit a front yard setback of 2.94 metres for theenclosed porch, whereas the minimum front yard setback is 3.93 metres and the maximum setback is 5.93 metres. The application also requests permission for a variance from Section 5.6A.4 to permit a deckwith a setback of 1.48 metres whereas 3.0 metres is required. The original porch is enclosed and as per Section 5.6A.4.d of the Zoning By- law, is subject to the front yard setback. A site inspection wasconducted on October 16, 2020. Existing Side Yard–12 Rose Street Existing Front Yard –12 Rose Street 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 offers the following comments. 1.General Intent of the Official Plan The intent of the Low Rise Residential land use designation isto permit low density residential uses. The property is developed with a single detached dwelling.Low density residential uses, including single detached and duplex dwellings, are permitted in the Low Rise Residential land use designation. Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2.General Intent of the Zoning By-law The original porch was previously enclosed and has been recently renovated. The location of the front door has been relocated to the front of the enclosed porch and a new deck has been added in front of the enclosed porch. The intent of the front yard setback is to ensure a consistent street edge and the intent of the 3.0 metre setback for a deck is to ensure that thedeck, and any required steps, does not impede the public sidewalk.In this case, the enclosed porch aligns with the setback of other covered porches on the street. The new deck has stairs leading to the side driveway and not out to the public sidewalk. There is a sufficient setback of the new deck from the public sidewalk. Planning Staff is of the opinion that the requested minor variance meetsthe general intent of the Zoning By- law. 3.Is the Variance Minor? The enclosed porch is existing and the proposed deck will not have adverse impacts to the adjacent property.The new deck provides an opportunity for private outdoor amenity to the front yard along the street. The requested variance is minor. 4.Is the Variance Appropriate? The reductionin setback from the enclosed porch and deck are appropriate.The new deck and relocated front door (to the front of the dwelling) will provide a more welcoming built from along street. The front yard is larger enough to accommodate a landscaped setback from the public sidewalk. Planning Staff is of the opinion that the varianceisappropriate. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Staff completed a site visit and determined that the porch should not impede visibility for drivers reversing out of the driveway of 12 Rose Street. Given the existing nature of the new porch, Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no cultural heritage issues or concerns with this application. However, the applicant is advised thatthe property municipally addressed as 12 Rose Street is located within the Central Frederick 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. Engineering Comments: Engineering has no comments or concerns. EnvironmentalPlanning Comments: Environmental Planning staff has no comments or concerns. RECOMMENDATION: Minor Variance Application A2020-091 requesting relief from Section 38.2.1 to permit a front yard setback of 2.94 metres for the enclosed porch, whereas the minimum front yard setback is 3.93 metres and the maximum setback is 5.93 metres, and requesting relief from Section 5.6A.4 to permit a deck with a setback of 1.48 metresfrom the streetlinewhereas 3.0 metres is required, be approved. ____________________________________________________________ Garett Stevenson, B.E.S., MCIP, RPPJuliane von Westerholt, B.E.S., MCIP, RPP Senior PlannerSenior 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.