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Home My WebLink AboutDSD-20-186 - A 2020-092 - 180 Grand Flats Tr 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:Richard Kelly-Ruetz,Planner–519-741-2200 ext. 7110 WARD:2 DATE OF REPORT:November 4, 2020 REPORT #:DSD-20-186 SUBJECT:A2020-092–180 Grand Flats Trail Owner –Milestone Developments Inc. Applicant –Patrick Haramis (ACI Surveying) Approve Location Map: 180 Grand Flats Trail REPORT Planning Comments: The subject property located at 180 Grand Flats Trailis zoned Residential Four(R-4)with Special Regulation Provision597Rin Zoning By-law 85-1 and designated Low Rise Residential inthe City’s Official Plan. The applicant is constructing a new dwelling on the subject property and is requesting relief from Section 38.2.1of the Zoning By-lawto have aside yard abutting a streetof 3.71 metresrather than the required 4.5 metres, and relief from Section 38.2.1 to have a rear yard of 7.07metres rather than the required 7.5 metres. *** 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 areaon 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 variances are appropriate, as thereduced side yard abutting a street and reduced rear yard setback will maintain the general intent and purpose of the Official Plan and is consistent with the low-density character of the neighbourhood. 2.General Intent and Purpose of Zoning By-law Test The requested variance to permit a side yard abutting a street of 3.71 metres rather than the required 4.5 metres meets the general intent and purpose of the Zoning By-law. The purpose of the setback is to provide a consistent streetscape, and the 0.79metre reduction will not impact the streetscape in a significant way. The requested variance to allow a reduced rear yard of 7.07metres rather than 7.5 metres meets the general intent and purpose of the Zoning By-law. The purpose of the rear yard setback is to provide enoughoutdoor amenity space for a property. Staff is satisfied that with the 7.07metre rear yard setback, there will be enough amenity space for the property owner to enjoy. 3.“Minor” Test The variancescan be considered minor as the reduced side yard abutting a street and the reduced rear yard setback will not impact how the property can be used, or how the neighbourhood functions. All reductions are relatively small and staff has no concerns with the requests. 4.Desirability for Appropriate Development or Use Test Therequested variancesare appropriate for the development and use of the land, as the proposed single detached dwelling is consistent with the low-density development of the neighbourhood, and the reduced setback to the side lot line abutting a streetand reduced rear yard setback will not impact the neighbourhood in a significant way. Based on the foregoing, Planning staff recommends thatthis application be approved. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Servicesdoes not have any concerns with the proposed application. Heritage Comments: Heritage has no concerns with the proposed variance. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A.That Minor Variance Application A2020-092requesting relief from Section 38.2.1 to have a side yard abutting a street of 3.71 metres rather than the required 4.5 metres, and relief from Section 38.2.1 to have a rear yard of 7.07 metres rather than the required 7.5 metres, BE APPROVED. 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.