Loading...
HomeMy WebLinkAboutDSD-2021-109 - A 2021-048 - 93 Michener CresREPORT TO:Committee of Adjustment DATE OF MEETING:June 15, 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED:2 DATE OF REPORT:June9,2021 REPORT NO.:DSD 2021-109 SUBJECT:Minor Variance Application A2021-048 93 Michener Crescent Owner –Joy Belfast-Kum Applicant –Jim Gerrard / Gerrard’s Design & Drafting Inc RECOMMENDATION: That applicationA2021-048 requesting permission to construct a two-car garage addition in the rear yard of an existing single detached dwelling having a rear yard setback of 1.49 metres rather than the required 7.5 metres; and, to legalize an existing driveway width of 12.53 metres rather than the maximum permitted driveway width of 8 metres, be approved, subject to the following conditions: 1)That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a TreePreservation Plan for the lands 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 demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning; and, 2)That condition 1 above be completed by September 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. *** 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 Residential in the City’s Official Plan and identifiedas Community AreaontheUrban Structure Map. The property is zoned Residential Three(R-3)in By-law 85-1. 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 theLow-RiseResidential designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The proposed garage addition onto an existing single detached dwelling maintains this intent and thereforeitis the opinion of Planning staff that the general intent of the Official Plan is maintained. View from Michener Crescentof existing house with single car garage (Note: existing garage to be converted to living space). General Intent of the Zoning By-law The intent of theregulationfor a 7.5 metresrear yard setback is to ensure that a dwelling has sufficient separation to provide privacy from abutting neighbours andto provide an outdoor amenity area. For the subject property, which is a corner lot, the rear yard iscurrently the location of a fabric carport with limited room for amenity space (see photo above). The drawings submitted with the application indicate that the existing single-car garage will be converted to living space and a new double-car garage added to the main structure resulting in a rear yard of 1.49 metres. The first intent noted above, to provide separation between neighbouring structures for privacy is met because the new garage will separate the living spaces between neighbours therefore providing privacy. The second intent, to provide amenity area, can be met as shown in the photo above with the existing covered porch area. As well, the owner is able to provide an amenity area at the other end of the dwelling along Oldfield Driveand could consider a fenced-in areain the future. The intent of the regulation for a maximum driveway widthof 8 metresis to ensure that driveways do not dominate a streetscape or property. The existing driveway width of 12.53 metres is existing and this width is only within the subject property lines. The width of the driveway access on City lands is 8.1 metres. As noted by Engineering staff below, the access driveway apron will not be permitted to be widened. Also noted, Transportation Planning staff has no comments with the driveway width on the subject property as long as the access remains at 8.1 metres. Based on the above, staff is of the opinion that the general intent of the zoning by-law is met. Is the Variance Minor? As noted above, the proposed addition will not negatively impact the subject property as the intent of the regulations are met. The variancesmaybe considered minor. Is the Variance Appropriate? The City’s Environmental Planner has noted concerns with the requested rear yard setback reduction. A number of large trees are in close proximity to the proposed garage addition. The trees on are on the subject property and 103 Michener Cres. It is requested that an arborist report be provided to evaluate potential impacts and mitigation measuresand a condition is noted above for this report. Provided satisfactory mitigation measures can be provided regardingtrees on the subject and neighbouring properties the proposed variance can be considered appropriate. Also, it is noted that attached to the submitted application are letters from six neighbours in support of the proposed addition. Regarding the variance for the driveway width, it is an existing condition and no complaints have been received to date. Based on above comments, staff is of the opinion that as the proposed variances are appropriate for the subject property and surrounding neighbourhoodsubject to condition as noted in the Recommendation section. City Planning staff conducted a site inspection of the property on May 31, 2021. View from corner of Michener Crescent and Oldfield Drive 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 Comments: As noted in the application, the existing driveway width as it abuts the municipal right-of-way of 8.1 metres is acceptable. Engineering Comments:Engineering has no comments. However, the applicant should be aware that if this application is approved, a future driveway widening (curb cut) application won’t be approved as a City-owned street tree is adjacent to the existing driveway apron. The driveway apron currently in place cannot be widened any further. Environmental Planning:Environmental Planning has concerns with the requested rear yard setback reduction. A number of large trees are in close proximity to the proposed garage addition. The trees are on the subject property and 103 Michener Cres. An arborist report should be provided to evaluate potential impacts and mitigation measures. STRATEGICPLAN 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. 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.