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Home My WebLink AboutDSD-2021-101 - A 2021-050 - 4 Dekay StREPORT TO:Committee of Adjustment DATE OF MEETING:June15, 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 10 DATE OF REPORT:June 3, 2021 REPORT NO.:DSD-2021-101 SUBJECT:Minor Variance Application A2021-050 4 Dekay Street Owner –Christopher McCluskey and Fiona Lusby Applicant–Marie Max RECOMMENDATION: That minor variance application A2021-050requesting relief from Section39.2.1 to allow an addition to have a rear yard setback of 1.2metresrather than the required 7.5metres, and requesting relief from Section 6.1.1.1b.i to allow the required parking space to be located a distance of 1.6 metresfrom the street line rather than the required 6metresto accommodate an additionto an existing single detached dwelling, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief to build an addition to an existing single detached dwelling with a rear yard setback of 1.2 metres rather than the required 7.5 metres. The applicant is also requesting relief to allow the required parking space to be located a distance of 1.6 metres from the street line rather than the required 6 metres. An addition to the existing single detached dwelling, as well as a driveway that can accommodate an accessible entry, is proposed. The existing fence does not comply with the City’s Fence By-law and further consideration of a future fence variance application will be undertaken when a new fence is designed. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 4 Dekay Street 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 Five Zone (R-5)with Special Regulation Provision 129U(which prohibits triplexes) 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: 1. General Intent of the Official Plan The intent of the Low RiseResidential land use designation is to permit a variety of low density residential uses. The property is developed with a single detached dwellingandan accessible addition is proposedwithin the rear and side yard.To accommodate an accessible building addition and ramped entrance, the required parking space is proposed to be located closer to the street. Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zoning By-law The intent of the 6.0 metre setback for arequired parking space is to ensure that a second parking space can beprovided on-siteintandem. A single detached dwelling requires oneparking space in Zoning By-law 85-1, setback a minimum of 6.0 metres to provide a second space. The proposed driveway is 5.7 metres in width and can accommodate two parking spacesside by side.The side by side configuration is needed to accommodate an accessible ramp leading into the housefrom the driveway. Theintent of the 7.5 metresrear yard is to ensure there is adequate outdoor amenity space and proper separation between properties. In this case, due to the irregular shape of the lot, the amenity space is provided in the side yard.The proposed setback of 1.2 metres is adequate to ensure separation from the adjacent rear yard. Planning Staff is of the opinion that the general intent of the Zoning By-law is maintained. Is the Variance Minor? The proposed varianceis minor. Staff is of the opinion that the requested varianceswill allow foran addition and anaccessible access. Required on-site parking and amenity space aremet. The existing single detached dwelling, andaddition, arecompatible with the surrounding community. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land asasingle detached dwelling is a permitted use in the Zoning By-lawandthe requested variances will allow for building improvements that are needed for theoccupants of the dwelling. City Planning staff conducted a site inspection of the property on May 31, 2021. Existing Building –4 Dekay Street 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 can support a 1.6 metre parking setback from the required 6.0 metre parking setback as noted within the application.The maximum height of an object within the driveway visibility triangle is 0.9 metres. This dimension should be illustrated on the plan. Also, any future submissions should note the 4.57 metre DVT’s on the plan. Heritage Planning 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 first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 4 Dekay Street is located within the Mount Hope / Breithaupt 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. Environmental Planning Comments: No 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 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’swebsite 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.