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HomeMy WebLinkAboutDSD-2021-21 - A 2021-020 - 25 Margaret AveREPORT 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 10 th DATE OF REPORT:March 5, 2021 REPORT NO.:DSD-2021-21 SUBJECT:Minor Variance Application A2021-020 25 Margaret Avenue Applicantand Owner – Scott & Michelle Henderson RECOMMENDATION: That application A2021-020requesting permission to allow a car port addition to have a side yardsetback of 0.55metres whereas a setback of 1.2metres is required, and to permit a driveway on a property with an attached carport to be 0 metres from the side property line, whereas a setback of 0.6 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 car port addition to have asideyard setback of 0.55 metresrather thanthe required 1.2metres. Further relief is being sought from Section 6.1.1.1.b) ii)of the Zoning By-law to permit adriveway on a property with an attached carport to be 0 metresfrom the side property line,whereas a setback of 0.6metres is required. *** 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 ResidentialPreservation in theCivic Centre Neighbourhood Secondary Plan of the City Official Plan and identified as aCommunity Area on the City’s Urban Structure Map. The property is zoned asResidential Five Zone (R-5) in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and build a car port addition. The applicant is also proposing tocreate a private dedicated driveway for the property as there currently is a shared driveway used with the adjacent multiple dwelling building. 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 LowRise 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 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 property is located next to a large multiple dwelling residential building, and the access to the rear of the property has not been used due to a fence that was erected to separate the two properties. The owner wishes to maintain and extend the fence due to conflicts with the multiple dwelling. Access will remain through the carport and from the other side of the property. The intent of the 0.6 metre setback for a driveway with an attached carport is to ensure adequate separation from the property line and adjacent properties. Due to the limited space between the property line and the dwelling, if the 0.6 metre setback would be required there would not be adequate space for the required driveway width of 2.6 metres. Staff doesnot have concerns with the reduced setback, as the majority of the area is currently already curbed and paved over with asphalt and the creation of the driveway would not negatively impact either property. Staff is of the opinion that both variances meet the general intent of the Zoning By-law. Is the Variance Minor? The variancescan be considered minor,as it is the opinion of staff that the side yard setback of 0.55 metres and reduced driveway setback will not present any significant impacts to adjacent properties or 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. st City Planning staff conducted a site inspection of the property on February 1 , 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 carport 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 given that that driveway width is shown to be 3.0m wide. The proposed turn-around space in the front yard is a helpful addition, but it can be noted that there are less than four (4) total parking spaces proposed on-site, which would be classified as a ‘driveway’ and does allow for residents to reverse their vehicles out of the site. Heritage Comments: The property municipally addressed as 25 Margaret Avenue is located within the Civic Centre Neighbourhood Heritage Conservation District and designated under Part V of the Ontario Heritage Act. A Heritage Permit Application for the construction of a carport addition was considered and recommended for approval by the Heritage Kitchener committee at its meeting held on March 2, 2021. The construction of the carport, fence, and driveway will not adversely affect the existing dwelling or the character of the Civic Centre Neighbourhood Heritage Conservation District. As such, there are no cultural heritage planning concerns with this minor variance application. EnvironmentalComments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget – Therecommendation 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: There are no previous reports/authoritiesrelated to this matter. Concept Layout – 25 Margaret Avenue 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.