HomeMy WebLinkAboutDSD-2021-098 - A 2021-053 - 12 Blucher StREPORT TO:Committee of Adjustment
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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:Ward10
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DATE OF REPORT:June 4,2021
REPORT NO.:DSD-2021-98
SUBJECT:Minor Variance Application A2021-053
12 Blucher Street
Applicant& Owner–Igor Rasevic
RECOMMENDATION:
That application A2021-053requesting permission to permitadriveway that does not lead
directly from a street or lane to a required parking space, rather than where a required
driveway must be located so as to lead directly from a street or lane to a required parking
space, and to permit a legal parking space to be setback 0.6m from the side lot line rather
than the required 6 metres, be approved.
REPORT HIGHLIGHTS:
The applicant is requesting relief from Section 6.1.1.1b)ii)a) of the Zoning By-law which requires a
driveway to be located so as to lead directly from a street or lane to a required parking space, either
within a garage or outside and further relief from Section 6.1.1.1b) to permit the legal parking spot
to be located 0.6m away from the lot line rather than the required 6 metres.
Location Map
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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 FiveZone(R-5)with Special Use Provision 129U in Zoning
By-law 85-1.
The applicant is proposing to renovate the existing single detached dwelling to a duplex dwelling
and cannot meet the parking regulations as outlined at the beginning of the report. Due to the age
ofthe property there is no room for a driveway to be located at the front of the property. The property
does have legal access to the rear of the property via an existing easement through the property
addressed 14 Blucher Rd.The right of way easement was created in 1980 and is identified as Part
2 on Plan 58R3105 and registered number 799991. There is also space for 2 cars to be legally
parked within the rear yard.
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, scaleand 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. The proposed variance
meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation that requires a driveway to be located so as to lead directly from a street
or lane to a required parking space, is to ensure that vehicles have the appropriate access to their
parkingspaces at all times and do not have to travel through adjacent neighbouring properties. At
this specific property there is an established right of way across the neighbouring lands, that ensures
vehicular access is provided and maintained to the rear of the property where the 2 parking spaces
are located.
The requested variance to legalize the off-street parking space 0.6metres from the sidelot line meets
the general intent of the Zoning Bylaw. Thereduction of 5.4metres from the required 6 metres can be
consideredminor.The intent of the 6.0 metre required setback is to allow for a vehicle to be safely
parked on the driveway without affecting the City right-of-way and surrounding properties. The driveway
is located at the rear of the property and is outside of the City’s right-of-way. The driveway uses the
established right of way easement for access, and there is space for a double wide driveway for 2 cars
to be safely parked.
Staff has no concerns and is of the opinion that the requested variances meet the general intent of
the Zoning By-law.
Is the Variance Minor?
The variancescan be considered minoras it is the opinion of staff that theright of way easement
permits the driveway access to the rear of the property, and the reduction in parking space setback
from 6.0 metres to 0.6 metreswill 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 should
not 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.
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City Planning staff conducted a site inspection of the property on May 28, 2021.
Photoof Subject Property(Front and Side view)
Building Comments:
The Building Division has no objections to the proposed variance. Application has been made to for
the change of use to a duplexand is currently under review.
Transportation Comments:
Transportation Services can support the 0.6metre parking setback from the required 6.0 metre
parking setback and a driveway access leading to a municipal street through an existing easement
with 14 Blucher Street, as noted within the application
Heritage Comments:
Heritage planning has no concerns.
EnvironmentalComments:
Environmental planning has 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
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/authorities related to this matter.
Proposed site plan
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.
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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.