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Home My WebLink AboutDSD-2021-131 - A 2021-066 - 195 Yellow Birch DrREPORT TO:Committee of Adjustment DATE OF MEETING:July 20, 2021 SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Rice Menezes, Sheryl, Planning Technician (Zoning) 519-741-2200ext. 7844 WARD(S) INVOLVED:Ward 7 DATE OF REPORT:July12, 2021 REPORT NO.:DSD-21-131 SUBJECT:Minor Variance Application A2021-066 195 Yellow Birch Street Owner –Jeff and Judith Davenport Applicant –Rob Sajkunovic RECOMMENDATION: That application A2021-066for permission to allow a catering service establishment as a home business accessory to an existing single detached dwelling whereas the Bylaw does not permit catering establishment as a home business; and, to permit one off-street parking space to be located1.029 m from the front property linerather than the required 6 metres, be approved,subject to the following conditions: 1)That a Zoning (Occupancy) Certificate is obtained from the Planning division, 2)That a building permit is obtained from the Building division; and further, 3)That condition 1 and 2 be completed by January 1, 2022. Any request for a 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 will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 as R-3 (Residential Three) inZoning 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 subject property is designated as Low Rise Residential. The intent ofthe designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property as a single detached dwelling with an accessory home business which will maintain a minimum of off-street parking space achieves this intent and therefore it is the opinion of staff that the requested variance meetsthe general intent of the Official Plan. General Intent of the Zoning By-law The proposed catering business establishment is not permitted in the current By-law 85-1 but will be a permitted home busines use the new Zoning Bylaw 2019-051. The home business will not attract clients or employees to the property and meets all other regulations of the current by-law. The intent of the regulation for one legal off-street parking space to be located 6 metres from the front lot line is to ensure that parking spaces for dwellings are not all located 0 m from the front lot line which would result in vehicles dominating the streetscape. In addition, having the minimum 6-metres setback provides for a second parking space for the occupants. The proposed parking space setback of 1.029 metres provides an adequate buffer so that the parking space does not negatively impacting the streetscape. Based on above comments, staff is of the opinion that the general intent of the Zoning By-law is met. Photo of Subject Property Is the Variance Minor? As noted above, the parking variance meets the intent of the by-law and Official Plan; as well as being supported by the City’s Transportation Planning staff. Staff is of the opinion that the variances are minor. Is the Variance Appropriate? The reduced setback for the parking space maintains some separation from the front lot line. As well, the existing driveway canaccommodate two cars across the width of the driveway and having both spaces 1.029 metres from the front lot line maintains what currently exists when cars are parking in front of the garage. Therefore, it is staff’s opinion that the variance does not negatively impact the property or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved as outlined in the Recommendation section above. City Planning staff conducted a site inspection of the property on July 7, 2021. Building Comments:The BuildingDivision has no objections to the proposed variance provided building permit for the renovations to the garage to habitable area is obtained prior to any construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Given that this is an existing condition with no impact on the operation of the existing driveway, Transportation Services does not have any concerns with the proposed application. Heritage Comments:No comments. Engineering Comments:No comments. Environmental Planning Comments:No comments. 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 sign 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/authoritiesrelated 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