HomeMy WebLinkAboutDSD-2021-107 - A 2021-055 - 41 Heiman StStaff Report
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REPORT TO: Committee of Adjustment
DATE OF MEETING: June 15, 2021
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www. kitchener ca
SUBMITTED BY:
von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY:
Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED:
Ward 9
DATE OF REPORT:
June 7, 2021
REPORT NO.:
DSD -2021-107
SUBJECT: Minor Variance Application A2021-055
41 Heiman Street
Owner: Roman Zycki
RECOMMENDATION:
That Minor Variance Application A2021-055, for 41 Heiman Street, requesting relief
from:
A. Section 5.3 of By-law 85-1 to allow a post supporting the roof of a covered
porch to be located within the Driveway Visibility Triangle (DVT), and
B. Section 40.2.2 of By-law 85-1 to allow a minimum side yard of 2.89 metres,
whereas a minimum side yard of 3.0 metres is required where a driveway
leading to a required parking space is situated between the main building and
the side lot line,
be approved without conditions.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1. Aerial photo of the subject property, in context.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of variances to facilitate the
construction of a single detached dwelling.
• This report supports the delivery of core services.
• There are no financial implications to the City.
• This report supports the delivery of core services.
BACKGROUND:
This report is being brought forward to facilitate the construction of a single detached
dwelling with a reduced side yard setback (driveway side) and to allow a post supporting a
covered porch to encroach into the Driveway Visibility Triangle.
Figure 2. View of subject property looking east from Heiman Street. The post
supporting the covered porch is outlined in white.
REPORT:
The subject property is located on the southeast side of Heiman Street, in the Southdale
Planning Community. A new single detached dwelling is currently under construction on the
property. The surrounding lands are composed of a mix of low density residential land uses,
including, for example, single detached dwellings, semi-detached dwellings, street
townhouses, and cluster townhouses. The property is designated Low Rise Residential in
the Official Plan and is primarily zoned Residential Six (R-6), with Special Regulation
Provision 1 R in By-law 85-1 (a small sliver of the property is simply zoned R-6 without 1 R).
Special Regulation Provision 1R requires that a GRCA permit be obtained, prior to
development or alteration to shorelines or watercourses. By-law 2019-051 does not yet
apply to the subject property. Planning staff visited the property on May 28, 2021.
To complete the single detached dwelling, the applicant is seeking two minor variances:
1. Requesting relief from Section 5.3 of By-law 85-1 to allow a post supporting the roof
of a covered porch to be located within the Driveway Visibility Triangle (DVT), and
2. Requesting relief from Section 40.2.2 of By-law 85-1 to allow a minimum side yard of
2.89 metres, whereas a minimum side yard of 3.0 metres is required where a
driveway leading to a required parking space is situated between the main building
and the side lot line.
General Intent and Purpose of Official Plan Test
Several Official Plan policies relate to Variance 1, for example:
13.C.1.1. The City will ensure, whenever feasible, the provision of facilities to
encourage walking and cycling, and to address the needs, safety and convenience
of pedestrians and cyclists when constructing or reconstructing public facilities.
With respect to Variance 2, the intent of the Official Plan is for residential properties to
function appropriately and not create unacceptable adverse impacts for adjacent properties,
by providing adequate on-site facilities to support the use. In this case, the supporting facility
in question is an adequately sized driveway.
In this regard, Transportation Services advises that the requested encroachment into the
DVT is minor and that it can support the application.
Transportation Services does not have any concerns with the width of the driveway to
support the use.
Planning staff is of the opinion that the requested variances meet the general intent and
purpose of the Official Plan.
General Intent and Purpose of Zoning By-law Test
The Zoning By-law states that the purpose of the DVT requirement is "to allow complete view
of oncoming motor vehicle and pedestrian traffic by other such traffic entering the
intersection or street."
The intent of Variance 2 is to ensure that an adequately sized side yard setback is provided to
allow for a functional driveway in the side yard.
As aforementioned, Transportation Services advises that the requested encroachment into
the DVT is minor and that it can support the application. Transportation Services does not
have any concerns with the ability of the side yard to support a sufficiently wide driveway to
support the use.
In addition, Planning staff notes that the minimum driveway width of 2.6 metres can be
maintained within this reduced side yard.
Planning staff is of the opinion that the requested variances meet the general intent and
purpose of the Zoning By-law.
"Minor" Test
The variances are minor in that they will not create unacceptably adverse impacts on
adjacent uses or lands. Transportation Services does not have concerns with either
variance. Furthermore, Planning staff does not foresee any concerns.
Desirability for Appropriate Development of the Land Test
The variances will facilitate construction of a single detached dwelling on the subject
property. A single detached dwelling is a permitted use in the Official Plan and Zoning By-
law. Planning staff is of the opinion that the variances are desirable for the appropriate
development of the land.
For the abovementioned reasons, Planning staff is of the opinion that the variance requests
are justified.
Building Division Comments:
The Building Division has no objections to the proposed variances.
Transportation Services Comments:
Based on the minor encroachment of 0.36 metres into the 4.57 metre DVT, Transportation
Services can support the proposed application.
Engineering Services Comments:
Engineering has no comments.
Environmental Planning Comments:
Environmental planning staff has no concerns.
Heritage Planning Comments:
Heritage planning staff has no concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The recommendation has no impact on the Capital Budget or 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 was also placed in The Record. In addition,
notice of the application was mailed to all property owners within 30 metres of the subject
property. A notice sign 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.
PREVIOUS REPORTS/AUTHORITIES:
• Section 45, Planning Act, R. S. O. 1990, c. P.13
ATTACHMENT:
Attachment A — Drawing included with the application
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PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
May 31, 2021
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (11, 12)/VAR KIT, 269 271 MADISON AVE S.
Kitchener, ON N2G 4G7 184 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 June 15, 2021, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2021-047
— 68 Guerin Avenue — No Concerns.
2)
A2021-048-93
Michener Crescent— No Concerns.
3)
A 2021-049
— 279 Sheldon Avenue North — No Concerns.
4)
A 2021-050
— 4 Dekay Street — No Concerns.
5)
A 2021-051
— 185 Simeon Street — No Concerns.
6)
A 2021-052
— 74 Chestnut Street — No Concerns.
7)
A 2021-053
— 12 Blucher Street — No Concerns.
8)
A 2021-054
— 74 Paddock Court (Final) — No Concerns.
9)
A 2021-055
— 41 Heiman Street — No Concerns.
10) A 2021-056
— 29 Brunswick Avenue — No Concerns.
11) A 2021-057
— 269-271 Madison Avenue South — No
Concerns.
12) A 2021-058 — 184 Mill Street — No Concerns.
Document Number: 3679127
Page of 2
13) A 2021-059 — 297 Ottawa Street South (Retained) — No Concerns.
14) A 2021-060 — 297 Ottawa Street South (Severed) — No Concerns.
Please be advised that any development on the lands subject to the Applications noted above
are subject 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
developments prior to the issuance of a building permit. The comments contained in this letter
pertain to the Application numbers listed above. 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, A
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
CofA(a)Kitchener. ca
2
4_10V�04
and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6
0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca
0syaion
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, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A 2021-047
68 Guerin Avenue
A 2021-054
74 Paddock Court
A 2021-048
93 Michener Crescent
A 2021-055
41 Heiman Street
A 2021-049
279 Sheldon Avenue North
A 2021-056
29 Brunswick Avenue
A 2021-050
4 Dekay Street
A 2021-057
269-271 Madison Ave. S.
A 2021-051
185 Simeon Street
A 2021-058
184 Mill Street
A 2021-052
74 Chestnut Street
A 2021-059
297 Ottawa Street South
A 2021-053
12 Blucher Street
A 2021-060
297 Ottawa Street South
Applications for Consent
B 2021-030
509 Mill Street
B 2021-033
269-271 Madison Avenue
South & 184 Mill
Street
B 2021-034
297 Ottawa Street South
B 2021-035
297 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 aherremana-grand river. 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 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River
