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Home My WebLink AboutDSD-21-026 - A 2021-009 - 268 Louisa StREPORT TO:Committee of Adjustment th DATE OF MEETING:February 16 , 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Schneider,Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED:Ward10 DATE OF REPORT:February 8, 2021 REPORT NO.:DSD-21-026 SUBJECT:Minor Variance Application A2021-009 268 Louisa Street Owner- Eric Maki & Kiirsten Maki Applicant – Eric Maki RECOMMENDATION: That application A2021-009 requesting permission toconstruct a 2-storey addition in the rear yard of an existing single detached dwelling having a westerly side yard setback of 2.4m where the driveway leading to the required parking space is situated between the main building and the side lot line, rather than the required 3m; and, an easterly side yard setback of 0.88m rather than the required 1.2mbe 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 side yard setback of 0.88 metres rather than the required 1.2 metres. The applicant is also requesting relief to allow a side yard setback of 2.4 metres on the side in which a driveway leads to a parking space. Location Map: 268 Louisa Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject propertylocated at 268 Louisa Streetis designated asLow Rise Residentialin the City’s Official Plan and identified as aCommunity Area on the City’s Urban StructureMap. The property is zoned asResidential Five Zone (R-5)with Special Use Provision 129Uin Zoning By-law 85-1. The applicant is requesting relief from the Zoning By-law to construct a rear yard addition on an existing single detached dwelling having side yard setbacks of 0.88 metres rather than the 1.2 metres required on one side, and 2.4 metres rather than the required 3 metres on the opposite side. 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 1.The requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in the side yard setbacks 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 1.2 metre side yard setback is to ensure that there is adequate access to the rear yard and adequate separation of buildings. The addition is proposed to line up with the current building on site, which exists at 0.88 metres from the side lot line. Thus, it is not extending further towards the side lot line compared to the existing building on site.Staff is satisfied that thiswill continue to provide adequate access and separation of buildings, as it does not change the existing condition on site. The intent of the 3 metre side yard setback on a side where a driveway leads to a parking space is to ensure that adequate space is provided for storage of vehicles and opening of vehicle doors. Again, this variance represents an existing condition on site and the proposed rear yard addition does not change this . The applicantis simply seeking to legalize this condition as part of thisapplication. After completing a site visit and reviewing the provided drawing, Staff is of the opinion that this setback can continue to provide a functional, single width driveway. Therefore, Staff is of the opinion that the requested variances for side yard setbackmeet the general intent of the Zoning By-law. Is the Variance Appropriate? 3.The applicant is looking to expand the living space of their current dwelling. The proposed addition will not come any closer to side lot lines that what is currently existing on site. The requested variancesarenot expected to cause adverse impacts to neighbouring properties. Therefore, Staff considersthe variance to be appropriate. Is the Variance Minor? 4.Thesmall reductions in required side yard setback can still provide functionality, access, and separation of buildings, and represent small decreases overall.Therefore, the requested variance is considered minor. City Planning staff conducted a site inspection of the property on January 27, 2021. Existing Single Detached Dwelling (January 27, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition 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: The subject property is located within the Mt Hope/Breithaupt NeighbourhoodCultural Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phase Cultural Heritage Landscape (CHL) process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. In consideration of the above, there are no cultural heritage planning issues or concerns with the Minor Variance application. EnvironmentalComments: 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: None 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.