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Home My WebLink AboutDSD-2021-105 - A 2021-054 - 74 Paddock CrtREPORT TO:Committee of Adjustment DATE OF MEETING:June 15, 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Vieira, Jessica, Student Planner WARD(S) INVOLVED:Ward3 DATE OF REPORT:June 4, 2021 REPORT NO.:DSD-2021-105 SUBJECT:Minor VarianceApplication A2021-054 74 Paddock Court Owner /Applicant –Robert Covach RECOMMENDATION: That applicationA2021-054 requesting permission for an accessory structure to have a maximum height of 7.77 metres where 5.5 metres is permitted and a fascia height of 5.2 metres where 3.0 metres is permitted,be approved. REPORT HIGHLIGHTS: Theapplication is requestingrelief from Section 5.5 B) of Zoning By-law 85-1 to permit an accessory structure to have a maximum height of 7.77 metres rather than the required 5.5 metres and to permit the maximum height to the underside of the fascia be 5.2 metres rather than the required 3.0 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The property is designated as Low Rise Residentialin the City’s Official Plan and identified as Community Areaon the City’s Urban StructureMap. The property is zoned asR-1 183R 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 The intent of the Low-Rise Residential designation in the City Official Plan is to permit a variety of low- density residential uses. Within this designation, there are regulations to ensure that accessory structures do not create visual encroachment issues, shadow impacts, or privacy issues for adjacent properties. Emphasis is also placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a two-storey, single detached residential dwelling as well as the accessory structure. There is also sufficient setbacks and separation distances from the accessory structure to the existing neighbouring dwelling. It is the opinion of Staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested minor variances to permitan accessory structure to have a peak height of 7.77metres rather than a maximum peak height of 5.5 metres and to have the underside of the fasciato be 5.2 metres in height rather than the required maximum of 3 metres meets the general intent of ZoningBy- law85-1. Due to the large sizeand gradeof the property,as well asthe setbacks from the existing neighbouring property,the increase in heightat the peak and fasciawill be negligible in the context of the area. Further, the views of the neighbouring propertywill not be impacted. Is the Variance Minor? The proposed increase in accessory structure height and fascia height is minor, as it represents only a 2.27 metre and 2.2 metre difference respectively. These increases will not create unacceptable impacts on either the subject property or adjacent properties and is consistent with the character of the neighbourhood. The variance in height is also not visible from the street.Therefore, Staff is off the opinion that the requested minor variance is minor. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances in building height and fascia height will not impact any of the adjacent properties or the surrounding area. Apart from height and fascia height relief, the dwelling complies fully with the Zoning By-law. Planning Staff is of the opinion that the variance is appropriate. City Planning staff conducted a site inspection of the property onMay 31, 2021. Figure 2: Front Elevation of Accessory Structure Figure 3: Rear Elevation of Accessory Structure Building Comments: The Building Division has no objections to the proposed variance provided that a building permit for the accessory structure for theaccessory building is obtained. 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 associated with the application. Engineering Comments: Engineering has no concerns with the proposed application. Environmental Planning Comments: There are no environmental planning concerns associated with the application. 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. CONSULT –Planning Staff were contacted by a neighbour who expressed some concern over the proposed minor variances. Clarification on what was being requested within the application was provided and concerns was addressed. 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.