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Home My WebLink AboutDSD-2021-73 - A 2021-036 - 30 Simeon StREPORT TO:Committee of Adjustment th DATE OF MEETING:May18, 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED:Ward10 th DATE OF REPORT:May 7, 2021 REPORT NO.:DSD-2021-73 SUBJECT:Minor Variance Application A2021-036 30Simeon Street Applicant & Owner –Shaddi Fahal & Karolina Laufer RECOMMENDATION: That application A2021-036requesting permission to allow a front yard porchto have a front yard setback of 1.85metres whereas a setback of 3.07metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow a front yard porch to have a front yard setback of 1.85 metres rather than the required minimum front yard setback of 3.07 metres as identified for lands identified on Appendix ‘H’. 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 asLow Rise ResidentialA in the Central Frederick Neighbourhood Secondary Planin the City’s Official Plan and identified as aCommunity Area on the City’s Urban Structure Map. The property is zoned asResidential FiveZone(R-5), with Special Use Provision 129Uin Zoning By-law 85-1. The applicant is proposing to renovate the existing porch by adding a balcony above the existing porch. There are no setback changes to the existing porch. 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 meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 3.07metre frontyard setback is to ensure a consistent built form along the street edge. The subject property is located within the Residential Intensification in Established Neighbourhoods Study (RIENS) area and follows a specific calculation to determine the required front yard setback for each property.The current setback of 1.85 metres for the porch has existed for an extended period of time. There are no changes proposed to the porch on the ground level, and the applicant is only wishing to provide an exterior balcony above the existing porch. Staff has no concerns with the existing setback and is of the opinion that the reduced front yard setback meets the general intent of the Zoning By-law. Is the Variance Minor? The variancescan be considered minoras it is the opinion of staff that the frontyard setback continues to accommodate the appropriate front yard setback as the porch has existed for a long time with no issues. The setback of 1.85metres for the front 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. th City Planning staff conducted a site inspection of the property on April 30, 2021. Photo of Subject Property(Front view) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the front porch to a single detached dwellingand is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage 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 firststep of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 30 Simeon Street is located within the Central Frederick 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. EnvironmentalComments: Please note the property is in a GRCA regulated area for floodplain setback. Otherwise 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 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/authoritiesrelated to this matter. April 29, 2021 Dianna Saunderson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11) /54, KOLB CREEK SUBDIVISIN 30T 02206 Kitchener, ON N2G 4G7 Dear Ms. Saunderson: 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 2021-035 659 Stirling Avenue South No Concerns. 2) A 2021-036 30 Simeon Street No Concerns. 3) A 2021-037 40 Prueter Avenue No Concerns. 4) A 2021-038 47 Kilkerran Crescent No Concerns. 5) A 2021-039 78 Shanley Street No Concerns. 6) A 2021-040 59 Bechtel Drive No Concerns. 7) A 2021-041 63 Bechtel Drive No Concerns. 8) A 2021-042 29 Gruhn Street No Concerns. 9) A 2021-043 10 Eastwood Drive No Concerns. 10) A 2021-044 54 Park Street No Concerns. 11) A 2021-045 Blocks 3 & 4 Otterbein Drive No Concerns. 12) A 2021-046 162 Greenbrook Drive No Concerns. tğŭĻ ƚŅ Ћ 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 CC: Juliane von Westerholt, City of Kitchener Christine Kompter, City of Kitchener CofA@Kitchener.ca Document Number: 3644828 2 Docs #3644828 May 6, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: May 18, 2021 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-031 660 Avondale Avenue A 2021-036 30 Simeon Street A 2021-037 40 Prueter Avenue A 2021-038 47 Kilkerran Crescent A 2021-039 78 Shanley Street A 2021-040 59 Bechtel Drive A 2021-041 63 Bechtel Drive A 2021-042 29 Gruhn Street A 2021-043 10 Eastwood Drive A 2021-044 54 Park Street A 2021-045 Otterbein Road (Blocks 3 & 4) Applications for Consent B 2020-047 50 Brookside Crescent B 2021-025 20 Sylvia Street B 2021-026 41 Ardelt Place B 2021-027 418 Alice Avenue B 2021-028 564 & 592 Belmont Avenue West 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. *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 2 the Grand River Conservation Authority. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority