HomeMy WebLinkAboutDSD-21-025 - A 2021-008 - 29 Hurst AveI
Staff Report`
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REPORT TO: Committee of Adjustment
DATE OF MEETING: February 16th, 2021
SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 5th, 2021
REPORT NO.: DSD -21-025
SUBJECT: Minor Variance Application A2021-008
29 Hurst Avenue
Owner & Applicant — Lucas Rowe
RECOMMENDATION:
That application A2021-008 requesting permission to allow a rear yard addition to have a rear
yard setback of 6.1 metres whereas a setback of 7.5 metres is required, and to permit an
uncovered rear yard deck that exceeds 0.6 metres in height to be setback 3.0 metres from the
rear property line whereas a setback of 4.0 metres is required, be approved.
REPORT HIGHLIGHTS:
The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow a rear yard
addition to have a rear yard setback of 6.1 metres rather than the required 7.5 metres. Further relief
is being sought from Section 5.6A.4c) of the Zoning By-law to permit an uncovered rear yard deck
that exceeds 0.6m in height to be setback 3.0 metres from the rear property line whereas a setback
of 4.0 metres is required.
Location Map
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The property is designated as Low Rise Residential in the City's Official Plan and identified as a
Community Area on the City's Urban Structure Map.
The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1.
The applicant is proposing to renovate the existing single detached dwelling and build a rear yard
addition in order for the building to be used as a duplex dwelling.
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 City's Official Plan. This designation
permits low density forms of housing such as duplex dwellings. The proposed variance meets the intent
of the Official Plan which encourages a range of different forms of housing and encourages a mix of
residential uses in residential areas. it is the opinion of staff that the requested variance to legalize
the location of the one required parking space meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 7.5 metre rear yard setback, and 4.0 metre setback for a deck that is above 0.6
metres in height is to ensure there is adequate outdoor amenity space for the dwelling. Due to the
shape of the property, the property is wider at the rear which results in more open space on the
eastern and southernly corner of the property, which provides adequate amenity space. The intent of
the 4.0 metre rear yard setback for a deck that is over 0.6 metres in height is to ensure that the overlook
into adjacent properties is minimal. The proposed deck is small and provides an alternative entrance
into the proposed building as well as minor amenity space for the residents. Staff is of the opinion that
the reduction in both setbacks meets the general intent of the Zoning By-law.
Is the Variance Minor?
The variances can be considered minor, as it is the opinion of staff that both setbacks continue to
accommodate adequate amenity space. The setback of 6.1 metres for the rear yard setback and the
setback of 3.0 metres for a deck that is over 0.6 metres in height will not present any significant
impacts to adjacent properties and the overall neighbourhood.
Is the Variance Appropriate?
The variance is appropriate for the development and use of the land. The requested variances should
not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and
height of the proposed addition will not negatively impact the existing character of the subject property
or surrounding neighbourhood.
City Planning staff conducted a site inspection of the property on February 1St, 2021
Photo of Subject Property (Front and Rear view)
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
addition and change of use to a duplex is obtained prior to construction. Please contact the Building
Division @ building@kitchener.ca with any questions.
Transportation Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
Environmental 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
Committee of Adjustment meeting. A notice signed was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested 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:
There are no previous reports/authorities related to this matter. The applicant has provided a
Concept Layout for the duplex with this application for reference.
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Layout — 29 Hurst Avenue
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January 26, 2021
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
(3) / 06 HIGHLAND, 359 Highland Road West
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)
A 2021-005
— 52 South Drive — No Concerns.
2)
A 2021-006
— 4 Gildner Street — No Concerns.
3)
A 2021-007
— 359 Highland Road West — No Concerns.
4)
A 2021-008—
29 Hurst Avenue— No Concerns.
5)
A 2021-009
— 268 Louisa Street — 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
C (226) 753-0368
Document Number: 3543119
3543119
Page 1 of 1
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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
PLAN REVIEW REPORT: Holly Dyson
City of Kitchener
DATE: FILE:
January 26, 2021 Minor Variance A2021-008 — 29 Hurst Avenue
RE: Minor Variance Application A2021-008
29 Hurst Avenue
Lucas Rowe
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no concerns with the application.
Future planning should consider the broad flooding hazard present in the area.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that the subject lands are
adjacent to Schneider Creek and its associated floodplain.
2. Legislative/Policy Requirements and Implications:
While the proposed development is not regulated under Ontario Regulation 150/06
(Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses Regulation), the GRCA does take interest as Hurst Avenue is affected
by the flooding hazard, and it provides the primary access to and from the property.
We also take interest as the application is proposing to add a dwelling unit.
The GRCA wishes to ensure new development occurs outside of areas facing risk
from flood hazards, which includes ensuring properties have safe access in the
event of a regulatory flood. Safe access provisions ensure that flood depths and/or
velocities do not prohibit safe evacuation or access by emergency response during a
regulatory storm.
Our review of the floodplain has determined that flood depths are approximately 0.6
metres, and safe access out of the floodplain would be possible via Hurst Avenue
and Kent Avenue. As such, the GRCA has no concerns with this application.
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
3. Advisory Comments to the City:
This application is within the Planning Around Rapid Transit Stations (PARTS)
Rockway Plan area. Additional floodplain analysis was completed in support of the
plan. Hurst Avenue is identified as a "Candidate Flood Fringe," which is currently
treated as part of the floodway, and may become fringe in the future.
The application is within an `island' area that is bounded by the Schneider Creek and
Shoemaker Creek regulatory floodplains. The intersection of Stirling Avenue South
and Courtland Avenue East is affected by the Schneider Creek floodway, and may
not be safe during a regulatory storm. Safe emergency access to the area would be
available via Ottawa Street South and Courtland Avenue East.
Safe access should receive additional consideration when alterations to Shoemaker
Creek, road works and site development in the area are contemplated, especially if
the City will entertain additional dwelling units in this area going forward.
4. Review Fees:
This application is considered a "minor" minor variance, and in accordance with the
GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280. We will send
an invoice to the applicant. No GRCA permit is required.
We trust this information is of assistance. If you have any questions or require additional
information, please contact me at 519-621-2763 ext. 2292 or theywood (abgrand river. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
* These comments are respectfully submitted as advice and reflect resource concerns within the
scope and mandate of the Grand River Conservation Authority
Attachments
C. C. Lucas Rowe
Page 2 of 2
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