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Home My WebLink AboutDSD-2021-097 - A 2021-051 - 185 Simeon StREPORT TO:Committee of Adjustment th DATE OF MEETING:June15, 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED:Ward10 th DATE OF REPORT:June 4, 2021 REPORT NO.:DSD-2021-97 SUBJECT:Minor Variance Application A2021-051 185Simeon Street Applicant –David Thompson, David Thompson Architect Ltd. Owners –Scott Weber and Heather Kendall RECOMMENDATION: That application A2021-051requesting permission to allow a rearyard addition to have a side yard setback of 0.88metres whereas a setback of 1.2 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow a rearyard addition to have a side yard setback of 0.88metres rather than the required 1.2 metres. 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 single detached dwelling and build a rear yard addition. 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 and exterior areas. It is the opinion of staffthat the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure there is adequate space to access the rear of the property. The existing dwellingwas built manyyears ago, and the 0.88metre setback is now considered legal non-conforming. The existing setback has caused no issues with rear yard access in that time, and staff hasno concerns with the building addition matching the existing 0.88metre setback. Staff is of the opinion thatthe reduction in the side yard setback meets the general intent of the Zoning By-law. Is the Variance Minor? The variancescan be considered minoras it is the opinion of staff that the side yard setback continue to accommodate the appropriate rear yard access. The setback of 0.88metres for the sideyard will 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 variancesis unlikely 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(Front and Sideview) 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: Transportation Services does not have any concerns with the proposed application. Heritage 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 as185 Simeon Street is located within the Central Frederick 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. EnvironmentalComments: 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 –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. Concept Layout–185Simeon Street 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. !292!Tjnfpo!Tusffu! !Ljudifofs-!Poubsjp! !O3I.2T8!Dbobeb! !u;!!!62:!!613.:171! !ebwjeAeubm/db! ! !! ! Zpvst!wfsz!tjodfsfmz-! ! ! ! ! Ebwje!Uipnqtpo! Pxofs!292!Tjnfpo!Tusffu-!Ljudifofs!