The URL can be used to link to this page

Home My WebLink AboutDSD-2021-20 - A 2021-016 - 241 Simeon StStaff Report` Develo n7ent5ervicesDepartr7ent I Itis i z��:I� www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 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 10 DATE OF REPORT: March 5th, 2021 REPORT NO.: DSD -2021-20 SUBJECT: Minor Variance Application A2021-016 241 Simeon Street Applicant — David Thompson, David Thompson Architect Ltd. Owners - Colin & Sarah Yardley RECOMMENDATION: That application A2021-016 requesting permission to allow a rear yard addition to have a side yard setback of 0.91 metres whereas a setback of 1.2 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow a rear yard addition to have a side yard setback of 0.91 metres rather than the required 1.2 metres. 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 Four Zone (R-4) in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and build a rear yard addition. 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 1.2 metre side yard setback is to ensure there is adequate space to access the rear of the property. The existing dwelling was built over 70 years ago, and the 0.91 metre setback is now considered legal non- conforming. The existing setback has caused no issues with rear yard access in that time, and staff have no concerns with the building addition matching the existing 0.91 metre setback. Staff is of the opinion that the reduction in the side yard setback 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 the side yard setback continue to accommodate the appropriate rear yard access. The setback of 0.91 metres for the side yard 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 26th, 2021. Photo of Subject Property (Front and Side view) 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: 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 phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 241 Simeon Street is located within the Pandora Neighbourhood CHL. 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. 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. srIREE°r FEFERENCE EEM W • M twit IH iAW E3%AE CRNE 0.Nli3ARI d 9 Concept Layout — 241 Simeon Street February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 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 March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 2021 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 Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale 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(a�_grand river. 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 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River