The URL can be used to link to this page

Home My WebLink AboutDSD-2021-106 - A 2021-056 - 29 Brunswick AveREPORT 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:Ward10 DATE OF REPORT:June 1, 2021 REPORT NO.:DSD-2021-106 SUBJECT:Minor Variance Application A2021-056 29Brunswick Avenue Owner –Adam Nobel and Heather Nobel Applicant –Phil McFaden C/O Sutcliffe Homes Inc. RECOMMENDATION: Thatminor varianceapplication A2021-056requesting permission to allowanew attached garage with above living space to have arear yard setback of 7.2 metres whereas7.5metres is required andside yard setback of 4.06 metres where 4.5metresis required, be approved subject to the following conditions: 1.That the Owner submitsa Building Permit application for the proposed new garage and second storey addition that generally complies with the site plan drawing submitting with this application, dated May 14, 2021. 2.The Owner shall prepare a Tree Preservation/Enhancement Plan for the severed lands in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. REPORT HIGHLIGHTS: Theapplication is requestingrelief from Section 38.2.1of Zoning By-law 85-1 to facilitatethe construction of anew attached garage with second storey living spaceon the above-noted property. Arear yard setback of 7.2 metres rather than the required 7.5 metres and aside yard set back of 4.06 metres rather than the required 4.5 metres is being sought. *** 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 asLow Rise Residential in the City’s Official Plan and identified asa Community Area on the City’s Urban StructureMap. The property is zoned as Residential Four Zone (R-4)in Zoning By-law 85-1. The applicant is proposing to demolish the existing attached garage and replace it with a new attached garage with above living space. 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 In the City’s Official Plan, the intent of the Low-RiseResidential land use designation is topermit a variety of low density residential uses. Within this designation, emphasis is placed on compatibility of built form with respect to massing, scale, and designto ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property ispresently developed with a two-storey, single detached residential dwelling. The proposed replacement of the existing garage and addition of second storey living space will not significantly change the existing massing, height, or other design characteristics of the house. Thereforeit is the opinion of staff that the request variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metresrear yard setback is to ensure thatthere isadequate amenityspace on site as well as adequate separation of buildings. The proposed addition does not space across the entire rear yard and the retained portion is adequate to provide outdoor amenityspace. Further, the property is a corner lot and its rear yard backs onto the side yard of the adjacent dwelling. The intent of the 4.5 metresside yard abutting a street setback is to ensure that there is adequate setback from the street and a consistent built form. The proposed addition is in line with the existing dwelling and only a portion of the addition requires the relief. The portion of the addition used to accommodate off-street parking (garage) will have to be 6.0 metres from the street line. Staff is of the opinion that the reduction in the rear yard and side yard setback meets the general intent of the Zoning By-law 85-1. Is the Variance Minor? The proposed variances are minor. Staff is of the opinion that the requested reductions in setbacks will allow for the construction of a new garage and second storey living space that is compatible withthe existing uses of the propertyand willnot negatively impact any of the adjacentproperties or surrounding neighbourhood. Appropriate rear and side yard access continue to be accommodated. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The request variances are not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the addition is compatible with the existing dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. City Planning staff conducted a site inspection of the property on June 2, 2021. Figure 2: Rear Elevation of Dwelling with Existing Attached Garage Figure 3: Rear Yard of the Subject Property Facing the Rear Elevation of the Dwelling 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: Based on the minor encroachment of 0.41 metres into the 4.57 metre DVT, Transportation Services can support this encroachment. Also, any future submissions should note the 4.57 metre DVT’s on the plan. 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: A Tree Preservation/Enhancement Plan is required in accordance with the City’s Tree Management Policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. 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 ofthe 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. 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.