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Home My WebLink AboutDSD-20-206 - A 2020-104 - 114 Peach Blossom CresREPORT TO:Committee of Adjustment DATE OF MEETING:December 8, 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:5 DATE OF REPORT:November 26, 2020 REPORT #:DSD-20-206 SUBJECT:A2020-104–114 Peach Blossom Cres Owner –Matt & Tasha Clark Applicant–Shawn Sawatzky (Tropical Sunrooms Inc.) Approve Location Map: 114 Peach Blossom Cres REPORT Planning Comments: The subject property located at 114 Peach Blossom Crescentis zoned Residential Four(R-4)with Special Regulation Provision 286Rin Zoning By-law 85-1 and designated Low Rise Residential inthe City’s Official Plan. The applicant is proposing to construct arear yard one-storey sunroomand is requesting relief from Section 38.2.1of the Zoning By-law to allow for arearyard setback of 6metres, whereas 7.5metres is required. *** 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 property on November 26, 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 varianceto reduce the rear yard isappropriate and will continue to maintain the low-density character of the property and surrounding neighbourhood.It is the opinion of staff that the requested variance meetsthe general intent of the Official Plan. 2.General Intent and Purpose of Zoning By-law Test The requested variance to permit a rear yard setback of 6metres, whereas 7.5 metres is required, meets the general intent of the Zoning By-law. The purpose of a rear yard setback of 7.5 metres is to provide an outdoor amenity space,as well as adequate separation from neighbouring properties. The sunroom will contribute to amenity area for the property, further maintaining the general intent of the Zoning By-law.Further, the configuration of the lot (widens significantly in the south-west) makes it such that even with a reduced rear yard setback, there remainsa significant‘open’ area in the rear yard to be used as amenity space. It is the opinion of staff that the proposed rear yard setback of 6metres will continue to allow for anadequate amenity space and will not negatively impact adjacent properties. 3.“Minor” Test The variance can be considered minor as the reduced rear yard setback will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed rear yard additionwill maintain sufficient outdoor amenity spaceand maintain a reasonable rear yard for the property and the area. 4.Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed sunroom with a reduced rear yard is consistent with the low-density development of the neighbourhood.The new addition will project slightly beyond the existing building and the rear yard encroachmentis appropriate. 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 sunroom is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services has no concernswith the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A.That Minor Variance Application A2020-104 requesting relief from Section 38.2.1of the Zoning By-law to permit the construction ofone-storey rear yardsunroomwith a rear yard setback of 6metres, whereas 7.5metres is required, beapproved. Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner November 17, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (4) / 55, Nikiforos Tsimpragos Kitchener, ON N2G 4G7 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЏЍЋЉЍ tğŭĻ Њ ƚŅ Ќ 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:December 8,2020 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2020-103840Stirling Avenue South A2020-104114Peach Blossom Crescent A2020-10539Water Street North A2020-1061031Victoria Street North A2020-107236Margaret Avenue Applications for Consent B 2020-045145-155 AnnStreet B 2020-04650Fifth Avenue B 2020-04750Brookside Crescent B 2020-04853Candle 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 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.