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Home My WebLink AboutDSD-21-022 - A 2021-005 - 52 South DrREPORT TO:Committee of Adjustment DATE OF MEETING:February 16, 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Bateman, Brian,Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED:Ward 9 DATE OF REPORT:February 9, 2021 REPORT NO.:DSD-21-022 SUBJECT:Minor Variance Application A2021-005 52 South Drive Owner – N. J. Roulston Applicant – M. Mahlstedt RECOMMENDATION: 1.That application A2021-005for 52 South Driverequesting relief fromSection 39.2.1of By-law 85-1 topermit: A front yard setback of4.43 metres, whereas 4.5 metres is required; Agarage setback of 5.69 metres, whereas 6.0 metres is required; and A left side yard setback of 1.17 metres, whereas 1.2 metres is required be approved. REPORT HIGHLIGHTS: Thesubject property was created through a land severance that occurred in 2018 and a duplex dwelling was constructed on it thereafter. Upon requesting a Letter of Compliance from the City, it was discovered that the dwelling was constructed withsetback deficienciesand hencerequiring approval ofthe aforementioned variances from the Committee of Adjustment. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Aerial Photo of Subject and Surrounding Lands – OnPoint Mapping BACKGROUND: The property is designated Low Rise Residentialin the City’s Official Plan. The property is zoned Residential Five (R-5)in Zoning By-law 85-1.The use of a duplex dwelling is permitted. REPORT: 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: General Intent of the Official Plan 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 lower-density neighbourhood. The requested variances seeking to legalize setbacks for a duplex dwellingis appropriate and that will maintain the low-density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of setback regulations is to establish regularity inbuilding placementto promote consistent streetscape and provide for orderly development. In this instance, the3setback variances are small and difficult to visually see as the measurements are off by centimetres. As such, it is the opinion of staff that the streetscapeand orderly development is still beingachievedand therefore the general intent is maintained. Is the Variance Minor? All three variances will have no impacts - visual or otherwise - and are therefore considered minor. Is the Variance Appropriate? Because these variances are responding to an existing conditionand difficult to see, staff is of the opinion that the variances are appropriate forand maintainthe orderly development of the subject lands. City Planning staff conducted a site inspection of the property on January 27, 2021. Subject property at 52 South Drive – photo taken January 27, 2021 Building Comments:No concerns Transportation Comments:No concerns Heritage Comments: No concerns Engineering Comments:Engineering has no concerns Operations Comments:No comments Environmental Planning Comments:No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget – The recommendation has no impact on the Capital Budget. Operating Budget –The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the Committeeof Adjustmentmeeting.A notice signed was placed on the propertyadvising that a Committee of Adjustment application has been received. The sign advisesinterested parties to find additional information on the City’s website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: PlanningReport and Decision for B2018-044 – 43 Barclay Ave. Building Permitto construct dwelling January 26, 2021 Holly Dyson City of KitchenerFile No.: D20-20/ 200 King Street WestVAR KIT GEN P.O. Box 1118 (3) / 06 HIGHLAND,359 Highland Road West Kitchener, ONN2G 4G7 2989943 Ontario Incorporated Dear Ms. Dyson: Re:Committee of Adjustment Applications Meeting February 16,2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1)A2021-00552 South DriveNo Concerns. 2)A2021-0064 Gildner StreetNo Concerns. 3)A2021-007359 Highland RoadWestNo Concerns. 4)A2021-00829 Hurst AvenueNo Concerns. 5)A 2021-009268 LouisaStreet No Concerns. Please be advised that any development on the lands subject to the Applications noted above aresubject 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 developmentsprior to the issuance of a building permit. The comments contained in this letter pertain to the Application numberslistedabove. 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 C (226) 753-0368 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЎЍЌЊЊВ ЌЎЍЌЊЊВ tğŭĻ Њ ƚŅ Њ February 2, 2021 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:February 16,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-00552South Drive A 2021-0064Gildner Street A 2021-007359Highland Road West A 2021-009268Louisa Street Applications for Consent B2020-04750Brookside Crescent B 2021-006427OldChicopee Trail B 2021-00743&47Sheldon Avenue B2021-008202Fifth Avenue 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.