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Home My WebLink AboutDSD-2021-48 - A 2021-032 - 81 Waterloo Streeti Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: April 8, 2021 REPORT NO.: DSD -2021-48 SUBJECT: Minor Variance Application A2021-032 81 Waterloo Street Owner — Stephanie Catcher, George Chambers Applicant - Stephanie Catcher, George Chambers RECOMMENDATION: That minor variance application A2021-032 requesting permission to construct a covered deck in the rear of an existing single detached dwelling having a rear yard setback of 4.0 metres rather than the required 7.5 metres be approved REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow a covered deck in the rear yard to be located 4.0 metres from the rear lot line rather than the required 7.5 metre setback. 11."F! Location Map: 81 Waterloo 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 property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) with Special Use Provision 129U in Zoning By-law 85-1. 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 which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced rear yard setback for a covered deck is appropriate and continues to maintain the low- density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested variance to reduce the rear yard setback from 7.5 metres to 4.0 metres to permit a covered deck meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. The reduction of 3.5 metres from the required 7.5 metres is minor, as the proposed 4.0 metre rear yard setback will continue to provide sufficient amenity space in the rear yard as the covered deck will provide usable outdoor amenity space throughout the entire year. Is the Variance Minor? The reduction of the rear yard setback is considered minor. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced rear yard setback and will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on April 1, 2021. Rear yard of the existing single detached dwelling at 81 Waterloo Street. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the covered deck is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: There are no heritage planning concerns. 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 81 Waterloo Street is located within the Mt Hope / Breithaupt 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 Planning 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. Region of Waterloo April 07, 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — 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 Document Number: 3616590 Page of 2 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 2 Docs #3573963 April 8, 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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 aherremana-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 Dianna Saunderson From: Sent: Wednesday, April 14, 2021 11:42 AM To: Committee of Adjustment (SM) Subject: [EXTERNAL] File A 2021-032 To the committee of Adjustment regarding 81 Waterloo Street. Case The applicant wish to add a roof over a deck. This should be a no brainer. I have been a neighbour adjacent to this property for over 35 years. At one time, there was a full enclosed porch where the deck is. The owners have worked very hard to continually improve this property and there should be no reason what -so -ever to not permit this. It will serve well to improve their quality of life and the neighbourhood. Please allow this small project. Sincerely, Denis Pellerin