HomeMy WebLinkAboutDSD-2021-81 - A 2021-038 - 47 Kilkerran Cres.REPORT TO:Committee of Adjustment
DATE OF MEETING:May 18, 2021
SUBMITTED BY:vonWesterholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY:Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070
WARD(S) INVOLVED:Ward 4
DATE OF REPORT:May 7, 2021
REPORT NO.:DSD-2021-81
SUBJECT:Minor Variance Application A2021-038
47 Kilkerran Crescent
Owner/Applicant–Christina Webster, Brian Webster
RECOMMENDATION:
That minor variance application A2021-038requesting permission to construct a rear yard
addition to an existing single detached dwelling with a rear yard setback of 1.2 metres
whereas 7.5 metres is required, a side yard abutting a street of 1.147 metres whereas 4.5
metres is required, and a building used to accommodate off-street parking with a setback of
3.162 metres from the street linewhereas 6.0 metresis required, be approved subject to the
following conditions:
1.That the Owner submit a Building Permit application for the proposed addition that
generally complies with site plan drawing submitted with the application titled “Brian
Webster Garage/Sun Room Addition” dated March 24, 2021.The plan should show the
proposed/existing location of the Community Mailbox (CMB)that meets Canada Post’s
standards.
2.The Owner shall prepare a Tree Preservation/Enhancement Plan in accordance with
the City’s Tree Management Policy, to be approved by the City’s Director of Planning
and where necessary, implemented prior to any grading, tree removal or the issuance
of building permits. Such plans shall include, among other matters, the identification
of a proposed building envelope/work zone, landscaped area, and vegetation to be
preserved.
REPORT HIGHLIGHTS:
The applicant is requesting relief from Section 37.2.1 of Zoning By-law 85-1 to permit an addition to
have a rear yard setback of 1.2 metres whereas 7.5 metres is required, to permit a side yard abutting
a street of 1.147 metres whereas 4.5 metres is required, and a building used to accommodate off-
street parking with a setback of 3.162 metres from the street line whereas 6.0 metres is required.
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Location Map: 47 Kilkerran Crescent
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 Three Zone (R-3)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 intent of the Low Rise Residential land use designation is to permit a variety of low density
residential uses. The property is developed with a single detached dwelling. A new rear yard addition,
which faces Kilbirnie Court, is proposed to include a second dwelling unit. Low density residential uses,
including single detached and duplex dwellings, are permitted in the Low Rise Residential land use
designation. The requested variancesto permit a rear yard addition areappropriate and the proposed
built form is similar to other residential uses found in the surrounding neighbourhood.Planning Staff is
of the opinion that the general intent of the Official Plan is maintained.
General Intent of the Zoning By-law
The intent of the 7.5 metre rear yard setback is to ensure that adequate amenity space is provided in
the rear yard. The proposed addition does not span across the entire rear yard, and a 9.5 metre wide
rear yard that exceeds the 7.5 metre setback is maintained. The retained portion of the rear yard is
adequate to provide outdoor amenity space. The minimum lot width in the R-3 zone is 9.0 metres, and
the retained rear yard exceeds that size.
The intent of the side yard abuttinga street setback is to ensure that there is a uniform setbackofbuilt
form along a street. This corner property is irregularly shaped, and there are no other buildings that
address the street along this section of Kilbirnie Court. Kilbirnie Court curves in such a way that the rear
yard neighbouringproperty (24 Kilbirnie Court) has a very large side yard abutting a street and is
setback a full lot width (at the rear) from Kilbirnie Court. Due to the configuration of the lots on the north
side of KilbirnieCourt and the curved alignment of the street, there is not an established setback for
built form on the north side of the street. The requested setback is also at the closest point (due to the
curve of the street) and a majority of the addition willhave asetback of 3.3 metres.
The intent of the 6.0 metre setback for a building used to accommodate off-street parking space is
to ensure that a second parking space can be located in front of agarage and to ensure that the
garage is not dominating the façade. This property is a corner lot, and will feature two driveways,
one existing to Kilkerran Crescent, and one proposed to Kilbirnie Court. In total, there will four on-
site parking spaces, onein each garage (existing and proposed) and two in the existing driveway.
Theproposed addition as shown in the elevations submitted with the application, show a proposed
ately ¼ of the
total façade facing Kilbirnie Court.
Planning Staff is of the opinion that the general intent of the Zoning By-law is maintained.
Is the Variance Minor?
The proposed variances are minor. Staff is of the opinion that the requested varianceswill allow for a
construction of an additional dwelling unit that is compatible with the surrounding community and will
not negativelyimpact any of theadjacent properties or surrounding neighbourhood.
Is the Variance Appropriate?
The proposedvariance is appropriate for the development and use of the land asa duplex is a permitted
use in the Zoning By-law. Staff are recommending a condition to ensure that the future building permit
drawings for the proposed addition generally comply to the plans submitted with the application. Staff
is of the opinion that the requested variances are appropriate.
City Planning staff conducted a site inspection of the property on May 3, 2021.
Exterior side and rear yard of the existing single detached dwelling at47 Kilkerran Crescent
(Photo taken from Kilbirnie Court)
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
addition to the single detached dwelling 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:
No heritage planning concerns.
Environmental Planning Comments:
A Tree Preservation/Enhancement Plan is required in accordance with the City’s Tree Management
Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to
any grading, tree removal or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, landscaped area, and
vegetation to be preserved.
Canada Post Comments:
Canada Postrequires Community Mailboxes (CMB) are required to be a minimum of 3 metres from
a driveway.The homeowner will either have to ensure that the new driveway is 3 metres from the
existing CMB or cover the cost of relocating the CMB. This is a street facingsite with curb cut so a
new curb cut would also be required. Canada Post can get an estimate for relocation from their
contractor if necessary.
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 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/authorities related 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.
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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