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Home My WebLink AboutDSD-2021-096 - A 2021-047 - 68 Guerin AveREPORT TO:Committee of Adjustment th DATE OF MEETING:June 15, 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED:Ward2 th DATE OF REPORT:June 4,2021 REPORT NO.:DSD-2021-96 SUBJECT:Minor Variance Application A2021-047 68 Guerin Ave Applicant –Adam Alsaqqa, J-AAR Excavatin Owner –Shaddi Fahal & Karolina Laufer RECOMMENDATION: That application A2021-047requesting permission to permitadeckto have a rear yard setback of 2.81metres whereas a setback of 4.0 metres is required, and to permit a side yard abutting a street setback to be 4.26m rather than the required 4.5m, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 5.6A.4c) & d) of the Zoning By-law to allow a deck to have a rear yard setback of 2.81 metres rather than the required rear yard setback of 4.0 metres and to allow a side yard setback of 4.26 metres rather than the required 4.5 metres for decks greater than 0.6 metres in height. 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 Residentialin the City’s Official Plan and identified as a Community Area on the City’s Urban Structure Map. The property is zoned asResidential FourZone(R-4),in Zoning By-law 85-1. The applicant is proposing to renovate the existing deck. The side yard abutting a street variance is due to City initiated road work and widening. The side yard abutting a street also acts as anamenity space due to the lack of rear yard that was approved in a previous minor variancefor the creation of the semi-detached dwelling. 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 andexterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 4.0metre rearyard setbackfor a deck that is above 0.6 metres in height is to ensure thereis adequate outdoor amenity space for the dwelling. The property is a semi-detached dwelling and the side yard abutting a street is considered the amenity space, as the property was approved for a rear yard setback variance of 1.4 metres. The deck will be setback further from therearproperty line at 2.81 metres. Furthermore,the intent of the 4.5 metre side yard abutting a street setback for a deck that is above 0.6 metres in height is to ensure there is sufficient setback from the road and that there are no visibility issues for the corner visibility triangle or for neighbouring properties. Guerin Avenue has also recently gone through City initiated road construction and road widening,which has made the setbacks now no longer conform to the Zoning By-law. The deck would have conformed to the side yard setback pre- road widening. Staffhas no concerns with the rear yard or side yard abutting a street setback and is of the opinion that the reduced rear yard and side yard setbacks meets 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 rearyard setback continues to accommodate the appropriate rearyard setback,as the existing semi-detached dwelling was granted arear yard setback of 1.4metres which is closer than what is beingcurrently requested for the deckat 2.81 metres. The side yard abutting a street setback was a result of a road widening and the 0.24 metres closer to Guerin Avenue can be considered minor.The setback of 2.81 metres for the rearyard, and setback of 4.26 metres for the side yard abutting a streetwill 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 are not anticipated to 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 May 28, 2021. Photo of Subject Property(Sideview) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the rear yard deckand is currently under review Transportation Comments: Based on the deck being rebuilt in the same location, Transportation Services can support the 0.07 metre encroachment intothe required 4.57 metre driveway visibility triangle(DVT). Heritage Comments: Heritage planning has no concerns. EnvironmentalComments: No Environmental Planning concerns as no tree removal is necessary/proposed with the replacement of the existing deck. 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 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: The property previously went before the Committee of Adjustment for applications B2010-041 & A2010-058, for the severance of the semi-detached dwelling and other required variances. Site Plan –68 Guerin Avenue May31, 2021 Kristen Hilborn City of KitchenerFile No.: D20-20/ 200 King Street WestVAR KIT GEN P.O. Box 1118(11, 12)/VAR KIT,269 271 MADISON AVES. Kitchener, ONN2G 4G7184 MILL STREET 389160 ONTARIO LIMITED (13, 14)/04 Urban, 297 OTTAWA STREET S.JEREMY KRYGSMAN ANDREW STEINBACCH Dear Ms. Hilborn: Re:Committee of Adjustment Applications Meeting June15,2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: A 2021-0476Guerin Avenue No Concerns. A 2021-04893 Michener Crescent No Concerns. A 2021-049279 Sheldon Avenue North No Concerns. A 2021-0504Dekay Street No Concerns. A 2021-051185 Simeon Street No Concerns. A 2021-05274 Chestnut Street No Concerns. A 2021-05312 Blucher Street No Concerns. A 2021-05474 Paddock Court (Final) No Concerns. A 2021-05541 Heiman Street No Concerns. A 2021-05629 Brunswick Avenue No Concerns. A 2021-057269-271 Madison Avenue South No Concerns. A 2021-058184 Mill Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЏАВЊЋА tğŭĻ ƚŅ Ћ 13)A 2021-059297 Ottawa Street South (Retained)No Concerns. 14)A 2021-060297 Ottawa Street South(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 CC: CofA@Kitchener.ca 2 June 2, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:June 15,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-04768 Guerin AvenueA 2021-05474 Paddock Court A 2021-04893 Michener CrescentA 2021-05541 Heiman Street A 2021-049279 Sheldon Avenue NorthA 2021-05629 Brunswick Avenue A 2021-0504 DekayStreetA 2021-057269-271 Madison Ave. S. A 2021-051185 Simeon StreetA 2021-058184 Mill Street A 2021-05274 Chestnut StreetA 2021-059297 Ottawa StreetSouth A 2021-05312 Blucher StreetA 2021-060297 Ottawa StreetSouth Applications for Consent B 2021-030509 Mill Street B 2021-033269-271 Madison Avenue South & 184 Mill Street B 2021-034297 Ottawa Street South B 2021-035297 Ottawa Street South 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.