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Home My WebLink AboutDSD-2021-135 - A 2021-062 - 316 Quaiser CrtREPORT TO:Committee of Adjustment DATE OF MEETING:July 20th, 2021 SUBMITTED BY:Bateman,Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY:Zhang,Tara,Technical Assistant519-741-2200 ext. 7760 WARD(S) INVOLVED:Ward 2 DATE OF REPORT:July8, 2021 REPORT NO.:DSD-2021-135 SUBJECT:Minor Variance Application A2021-062 316 Quaiser Crt Owner –Vince and Josephine DiMartile RECOMMENDATION: That minor variance application A2021-062requesting permission to constructa covered porchintherear yard of an existing single detached dwelling having a rear yard setback of 5.65 metres rather than the required 7.5 metres, be approved, subject to the following conditions: 1)That the Owner applies for abuilding permit from the Building Division. 2)That in light of the proximity of tree(s) in shared ownership, the owner shall prepare a TreePreservation Plan for the 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 demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area, and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. 3)That condition 1 and 2 above be completed by December 1, 2021. Any request for time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions may result in this approval becoming null and void. Location Map:316 Quaiser Crt *** 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 as Low Rise Residential in the City’s Official Plan and identified as Community Areas in the Urban Structure Map. The property is zoned Residential Three (R-3) in the By-law 85-1. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The requested variance meets the general intent of the Official Plan.The subject property is designated Low Rise Residential in the City’s Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The requested variance to reduce the rear yard setback from 7.5 metres to 5.65metres meets the general intent of the Zoning By-law.The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. Thereduction of 1.85 metres from the required 7.5 metres is minor, as the proposed 5.65metre rear yard setback will continue to provide sufficient amenity space in the rear yard and separation from adjacent properties. Is the Variance Minor? The reduction of the rear yard setback is considered minor. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced rear yard setback andwill not negatively impact the character of the subject property or surrounding neighbourhood. th City Planning staff conducted a site inspection of the property on July 8, 2021 Street view of Subject Property Building Comments:The Building Division has no objections to the proposed variance provided building permit for the covered deck is obtained prior to construction.Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments:Transportation Services does not have any concerns with the proposed application. Heritage Comments:No heritage planning concerns. Engineering Comments:No concerns. Operations Comments:No concerns. Environmental Planning Comments:That in light of the proximity of tree(s) in shared ownership, the owner shall prepare a TreePreservation Plan for the 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 demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. 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 Committee of Adjustment meeting. A notice sign was placed onthe 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. 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. June 29, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE Kitchener, ON N2G 4G7 DEVELOPMENT CORP (15)/28, 120 BULLOCK STREET HOMER WATSON BUSINESS PARK (17,18)/VAR KIT, 102 WATERLOO STREET 2820580 ONTARIO INCORPORATED Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-061 29 Floral Crescent No Concerns. 2) A 2021-062 316 Quaiser Court No Concerns. 3) A 2021-063 48 Martin Street No Concerns. 4) A 2021-064 34 Uxbridge Crescent No Concerns. 5) A 2021-065 117 Golden Meadow Crescent No Concerns. 6) A 2021-066 195 Yellow Birch Drive No Concerns. 7) A 2021-067 806 Belmont Avenue West No Concerns. 8) A 2021-068 71 Massey Avenue No Concerns. 9) A 2021-069 926 & 936 King Street East No Concerns. 10) A 2021-070 124 Walker Street No Concerns. 11) A 2021-071 19 Anson Court No Concerns. 12) A 2021-072 53 Plaza Court No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌАЊЌЊВА tğŭĻ ƚŅ Ћ 13)A 2021-073538 Victoria Street SouthNo Concerns. 14) A 2021-074 42 Florence Avenue No Concerns. 15) A 2021-075 10 Pearson Street No Concerns. 16) A 2021-076 61 Strange Street No Concerns. 17) A 2021-077 102 Waterloo Street (Retained) No Concerns. 18) A 2021-078 102 Waterloo Street (Severed) No Concerns. 19) A 2021-079 1170 King Street East No Concerns. 20) A 2021-080 815 & 825 King Street East 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA@Kitchener.ca 2 July 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: July 20, 2021 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-052 74 Chestnut Street A 2021-061 29 Floral Crescent A 2021-062 316 Quaiser Court A 2021-063 48 Martin Street A 2021-064 34 Uxbridge Crescent A 2021-065 117 Golden Meadow Crescent A 2021-066 195 Yellow Birch Drive A 2021-067 806 Belmont Avenue West A 2021-068 71 Massey Avenue A 2021-069 926 & 936 King Street East A 2021-070 124 Walter Street A 2021-071 19 Anson Court A 2021-072 53 Plaza Court A 2021-073 538 Victoria Street South A 2021-074 42 Florence Avenue A 2021-075 10 Pearson Street A 2021-076 61 Strange Street A 2021-077 102 Waterloo Street A 2021-078 102 Waterloo Street A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East Applications for Consent B 2021-036 301 Thaler Avenue B 2021-037 362 Lancaster Street West B 2021-038 257 Dumfries Avenue B 2021-039 102 Waterloo Street *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 2 the Grand River Conservation Authority. Applications for Consent (Continued) B2021-0401170 King Street East, 815 & 825 Weber Street East B2021-0411170 King Street East, 815 & 825 Weber Street East The above-noted 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