HomeMy WebLinkAboutDSD-20-205 - A 2020-103 - 840 Stirling Ave S1
Staff Repoil K�-WFLEN�
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 8, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843
WARD: 8
DATE OF REPORT: November 27, 2020
REPORT #: DSD -20-205
SUBJECT: A2020-103 — 840 Stirling Avenue South
Applicant — Rob Sajkunovic
Recommendation: Approve with Condition
Location Map: 840 Stirling Avenue South
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REPORT
Planning Comments:
The subject property located at 840 Stirling Avenue South is zoned Residential Four Zone (R-4)
in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff
conducted a site inspection of the property on November 18, 2020.
The applicant is requesting relief from the Zoning By-law to allow for a rear yard setback of 6.5
metres rather than the 7.5 metres required.
View of Roof Covering Exterior Stairs (November 18, 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 offers the following comments.
General Intent of the Official Plan
1. The requested variance meets the general intent of the Official Plan. The Low Rise
Residential designation in the Official Plan encourages the mixing and integration of
different forms of housing to achieve a low overall intensity of use. The requested variance
for reduction in rear yard setback does not interfere with the general intent of the Official
Plan.
General Intent of the Zoning By-law
2. The intent of the regulation that requires a 7.5 metre rear yard setback is to ensure that
there is adequate amenity space on site and adequate separation of buildings. The addition
was built to meet the required rear yard setback in the Zoning By-law but the decision to
cover the exterior staircase at the rear resulted in a 1 metre intrusion into the required
setback. Staff is satisfied that this small intrusion for access to be covered does not
negatively impact the amenity space on site and that an adequate separation of buildings is
maintained. Therefore, Staff is of the opinion that the requested variance meets the general
intent of the Zoning By-law.
Is the Variance Appropriate?
3. The applicant has covered the staircase to prevent water flowing into the basement. The
requested variance is not expected to cause adverse impacts to neighbouring properties.
Therefore, Staff consider the variance to be appropriate.
Is the Variance Minor?
4. The small intrusion into the setback is comprised of a covered staircase. It is not part of the
principal building with habitable space and does not extend the full width of the building.
Therefore, the requested variance is considered minor.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for
the roof is obtained. Please contact the Building Division @ building@kitchener.ca with any
questions.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Heritage Planning Comments:
Heritage Planning staff has no concerns with this application.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That minor variance application A2020-103 requesting permission to legalise a rear yard
basement entrance on an existing duplex having a rear yard for the covered entrance of
6.508 m rather than the required 7.5m, as amended, be approved, subject to the following
condition:
That the owner shall apply for a building permit to the satisfaction of the Chief
Building Official.
Eric Schneider, MCIP, RPP
Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
Region of Waterloo
November 17, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(4) / 55, Nikiforos Tsimpragos
Dear Ms. Dyson:
Re: Committee of Adjustment Applications Meeting December 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following updated comments:
1) A 2020-103 — 840 Stirling Avenue South — No Concerns.
2) A 2020-104 — 114 Peach Blossom Crescent — No Concerns.
3) A 2020-105 — 39 Water Street North —No Concerns.
4) A 2020-106 — 1031 Victoria Street North:
Existing Parking & Sign Encroachments:
Regional staff have concerns with the few existing parking stalls currently encroaching
(Plan attached) into Victoria Street North (RR #55) right-of-way. Regional staff would not
support or allow any encroachments into the Regional right-of-way. Therefore, the
existing encroaching parking spots must be removed permanently. One of the 2
encroaching parking spots at east property side has been already removed due to recent
reconstruction of Victoria Street, but 1 parking spot is still within the Regional right-of-
way. Similarly, 1 parking spot on the west side is partly encroaching within the Regional
right-of-way. This may also affect the parking spots required for the existing and the
Document Number: 3464204
Page 1 of 3
proposed business on the above lands. A parking plan showing all the required parking
spots on the private lands be provided for further review by the staff; and be approved by
the City to ensure there is no parking encroachment within the Regional road right-of-
way.
Also, there is a ground sign encroaching within the Regional right-of-way, which should
also be removed onto private property.
5) A 2020-107 — 236 Margaret Avenue — 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,
"�.-:___J�L- g)
Joginder Bhatia
Transportation Planner
P (519) 575-4500 Ext 3867
C (226) 753-0368
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
November 26, 2020
Holly Dyson, Administrative Clerk Via email only
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: December 8, 2020 Committee of Adjustment Meeting
Applications for Minor Variance
A 2020-103 840 Stirling Avenue South
A 2020-104 114 Peach Blossom Crescent
A 2020-105 39 Water Street North
A 2020-106 1031 Victoria Street North
A 2020-107 236 Margaret Avenue
Applications for Consent
B 2020-045
145-155 Ann Street
B 2020-046
50 Fifth Avenue
B 2020-047
50 Brookside Crescent
B 2020-048
53 Candle Crescent
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 aherremana_grand river. 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 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River