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Home My WebLink AboutDSD-2021-103 - A 2021-049 - 279 Sheldon Ave NREPORT TO:Committee of Adjustment DATE OF MEETING:June 15, 2021 SUBMITTED BY:vonWesterholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY:Dumart, Craig, Planner, Planner, 519-741-2200 ext. 703 WARD(S) INVOLVED:Ward 10 DATE OF REPORT:June 3,2021 REPORT NO.:DSD-2021-103 SUBJECT:Minor Variance Application A2021-049 279 Sheldon AvenueNorth Owners–Amanda Hawkins, Allen Hawkins Applicant -Mirka Kulesza RECOMMENDATION: That minor variance application A2021-049requesting permission to re-construct an attached covered deck in the rear of an existing single detached dwelling having a side yard setback of 0.55 metres rather than the required 1.2 metres be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 40.2.1 of the Zoning By-law to allow an attached covered decktolocated 0.55metres from the sidelot line rather than the required 1.2metre side yard setback. Location Map: 279 Sheldon Avenue North *** 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 SixZone (R-6)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 Therequested variance meets the 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 sideyard setback 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 use conforms to the designation and it is the opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The requested variance to reduce the side yard setback from 1.2m metres to 0.55metres meets the general intent of the Zoning By-law.The existing covered deckis located 0.55metres from theeast sidelot line and the reconstructed covered deck will continue to be located 0.55 metres from the east side lot line. Furthermore, adequate access to the rear yard is provided,as the west side of the existing single detached dwelling provides a 1.58metreside yard setback. Is the Variance Minor? The reduction of the sideyard setback is considered minor. Staff is of the opinionthat the variancewill not present any significant impacts to adjacent properties and the overall 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 sickyard setback will not negatively impact the character of the subject property or surrounding neighbourhoodas it will likely be negligible. City Planning staff conducted a site inspection of the property on May 30, 2021. Existing single detached dwelling at 279 Sheldon Avenue North Building Comments: The Building Division has no objections to the proposed variance provided building permit for the renovations to the rear yard deck is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. 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 –Thisreport 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. 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.