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Home My WebLink AboutDSD-2021-19 - A 2021-012 - 39 Crosby DrREPORT TO:Committee of Adjustment th DATE OF MEETING:March16 , 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED:Ward 1 th DATE OF REPORT:March 5, 2021 REPORT NO.:DSD-2021-19 SUBJECT:Minor Variance Application A2021-012 39 Crosby Drive Owner & Applicant – Marc & Kristine Cholette RECOMMENDATION: That application A2021-012requesting permission to allow a rearyard addition to have aside yard setback of 0.9metres whereas a setback of 1.2metres is required, be approvedwith conditions: 1.That a letter of permission be obtained from the neighbouring property owner and that tree protection measures be approved and implemented prior to issuance of a building permitand, st 2.That all conditions shall be completed prior to December 31, 2021Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 37.2.1 of the Zoning By-law to allow a rearyard addition to have a sideyard setback of 0.9metres rather than the required 1.2metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated asLow Rise Residentialin the City’s Official Plan and identified as a Community Area on the City’s Urban Structure Map. The property is zoned asResidential ThreeZone (R-3)in Zoning By-law 85-1. The applicant is proposing to renovate the existing carportbyextending it further into the rear yard. The addition to the carport will be in line with the existing setbacks of the carport that was constructed in 1964. 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 places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2metre sideyard setback is to ensure there is adequate space to access the rear of the property. The existing carport was built over 50 years ago,and the 0.9 metre setback is now considered legal non- conforming. The existing setback has caused no issues with rear yard access in that time, and staff hasno concerns with the carport extension matchingthe existing 0.9 metre setback. Staff is of the opinion that the reduction in the side yard setbackmeets the general intent of the Zoning By-law. Is the Variance Minor? Thevariancescan be considered minoras it is the opinion of staff that the side yardsetbackcontinues to accommodate the appropriate rear yard access. The setback of 0.9 metres for the sideyard will not present any significant impacts to adjacent properties or theoverall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance 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 neighbourhoodand is therefore appropriate development for the area. th City Planning staff conducted a site inspection of the property on February 26, 2021. Photo of Subject Property(Front and Sideview) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached house 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. EnvironmentalComments: It appears that the proposed addition could have impacts to the neighbour’s tree. Staff recommend that acondition be added to request that a letter of permission be obtained from the neighbouring property, and tree protection measures be installed prior to the issuance of a building permit 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 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 ownerswithin 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authoritiesrelated to this matter. Concept Layout – 39Crosby Drive February23, 2021 Holly Dyson City of KitchenerFile No.: D20-20/ 200 King Street WestVAR KIT GEN P.O. Box 1118(1)VAR KIT, MADISON AVE DEV CORP Kitchener, ONN2G 4G7 51 & 53 DAVID STREET (13)08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re:Committee of Adjustment Applications Meeting March16,2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1)A2021-01051 David StreetNo Concerns. 2)A2021-01155 Franklin StreetSouthNo Concerns. 3)A2021-01239 Crosby DriveNo Concerns. 4)A2021-0132 Crosswinds DriveNo Concerns. 5)A 2021-014247 LydiaStreet No Concerns. 6)A 2021-01511 Ian Ormston DriveNo Concerns. 7)A 2021-016241 Simeon StreetNo Concerns. 8)A 2021-01790 Duchess AvenueNo Concerns. 9)A 2021-018130 Samuel StreetNo Concerns. 10)A 2021-01930 Waterbow TrailNo Concerns. 11)A 2021-02025 Margaret AvenueNo Concerns. 12)A 2021-021331 Driftwood DriveNo Concerns. 13)A 2021-0224278 King Street EastNo Concerns. 14)A 2021-0231430 HighlandRoad WestNo Concerns. 15)A 2021-024172 Windale Crescent (Retained)No Concerns. Document Number: 35739631 Docs #3573963 16)A 2021-025172 Windale Crescent (Severed)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 Document Number: 35739632 Docs #3573963 March 4, 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:March 15,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-01051David StreetA2021-018130Samuel Street A 2021-01155Franklin Street SouthA2021-01930Waterbow Trail A 2021-01239Crosby DriveA2021-02025Margaret Avenue A 2021-0132Crosswinds DriveA2021-021331Driftwood Drive A2021-014247Lydia StreetA2021-0224278King Street East A2021-01511IanOrmston DriveA2021-0231430Highland Road West A2021-016241Simeon StreetA2021-024172WindaleCrescent A2021-01790Duchess AvenueA2021-025172WindaleCrescent Applications for Consent B 2021-009104Fifth Avenue B 2021-01054Third Avenue B 2021-012140-142 Weichel Street B 2021-013146-148 Weichel Street B2021-014172WindaleCrescent 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.