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Home My WebLink AboutDSD-20-196 - A 2020-102 - 89 Water St SREPORT TO:Committee of Adjustment DATE OF MEETING:November 17, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext.7157 PREPARED BY:Lisa Thompson, Planning Technician–519-741-2200 ext. 7847 WARD:9 DATE OF REPORT:November 4, 2020 REPORT #:DSD-20-196 SUBJECT:A2020-102–89 Water Street South Applicant -William Reimer Owner –William Reimer & Wayne Baker Approve Subject to Conditions Aerial view of subject propertyGoogle Street View image of subject property REPORT Planning Comments: The subject property is located at 89 Water Street Southinthe Victoria Park Heritage District. The property is designated Low Rise Conservation in the Victoria Park Neighbourhood Secondary Plan and is zoned R-5in Zoning By-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Theowner applied for and received approvalof Heritage PermitHPA-2020-V-011forthereplacement of the upper and lower porcheson thepropertymunicipally addressed as 89 Water Street South, in accordance with the plans and supplementary information submitted with the application. The owner intends to enlarge the lower porch which has resulted in the requested variance. Heritage PermitDrawings To be in compliance with the approved heritage permitand the City’s zoning by-law, the applicant is requesting relief from Section 5.6.1 of Zoning By-law 85-1 to allow stairs having a height greater than 0.6 metres to be located 1.7metres from the front lot line rather than the required 3.0 metres from the front lot line. Staff conducted a site visit onOctober 27, 2020. General Intent and Purpose of Official Plan Test The City’s Official Plan identifies the subject property as part of the Victoria Park Neighbourhood Secondary Plan and is designated as Low Rise Conservation. The intent of the designation is to retain the existing lowrise, low density residential character of the Neighbourhood. Preservation of the existing built formof development is encouraged through the retention of the existing housing stock. As the applicant intends to retain the existing building and replaceboth the upper and lower exterior porches, staff is of the opinion that the requested variance meets the general intent and purpose of the Official Plan and Victoria Park Neighbourhood Secondary Plan. General Intent and Purpose of Zoning By-law Test The subject property is zoned Residential Five (R-5)in Zoning By-law 85-1. The general intent and purpose of the zoning category isto ensure developments are of an appropriate size with adequate setbacks and parkingto support the use. Thereplacement and minor enlargement of the ground floor patio-porch?on the existing buildinghas created the situation where the stairs to the porch will be modestly closer to the front lot line. The Zoning By-law requiresstairs having a height greater than 0.6 metres be located 3.0 metres from the front lot line, whereas inthis case the stairs will ultimately be located 1.7 metres from the front lot line, resulting in the requested variance of 1.3 metres. The enlargement of the ground floor porchwill create additional amenity space for the residents in the building and will still maintain an adequate setback from the municipal sidewalk.Based on the foregoing, staff is of the opinion that the requested variance meets the general intent and purpose of the Zoning By- law. “Minor” Test The requested variance to reduce the setback of stairs to the new lower porch is considered minor as a 1.7 metre setbackto the front lot line will be maintained, thereby having no impact to the municipal sidewalk,public streetor neighbouring properties.Based on the foregoing, staff consider the variance to be minor. Desirability for Appropriate Development of the Land Test The requested variance isdesirable andjustifiedonthe property as thestairs will maintain a setback from the front lot line of 1.7 metres and will not have any impact on the public street or neighbouring properties. Forthe aforementioned reasons, Planning staff is of the opinion that the varianceis appropriate andjustifiedand will be subject to the conditions outlined in the recommendation section below. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the porch is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: The proposed porch dimensions do not seem toimpact driveway visibility triangles for either 83 or 89 Water St S. Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: The subject property is designated under Part V of the Ontario Heritage Act and located within the Victoria Park Area Heritage Conservation District. A Heritage Permit was issued in August 2020 for the replacement of the upper balcony and lower porch. Heritage Planning staff has reviewed the minor variance application and has no concerns. RECOMMENDATION That Minor Variance Application A2020-102requesting relief fromSection 5.6.1 of Zoning By-law 85-1 to allow stairs having a height greater than 0.6 metres to be located 1.7 metres from the front lot line rather than the required 3.0 metres from the front lot line, be approvedsubject to the following conditions: 1.Theowner shall construct theporches inaccordance with Heritage Permit HPA-2020-V-011; and, 2.The owner shall apply fora building permit. Lisa Thompson Lisa Thompson, CPT Juliane von Westerholt, MCIP, RPP Planning Technician 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.