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Home My WebLink AboutDSD-2021-113 - A 2021-067 - 806 Belmont Ave. WREPORT TO:Committee of Adjustment DATE OF MEETING:July 20, 2021 SUBMITTED BY:Bateman,Brian,Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Thompson, Lisa, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED:Ward 8 DATE OF REPORT:July6, 2021 REPORT NO.:DSD-21-113 SUBJECT:Minor Variance Application A2021-067 806 Belmont Avenue West Owner -Ian Goldberg & Katrina Hanna Applicant -Ian Goldberg RECOMMENDATION: That application A2021-067requesting permission fora deck to have a rear yard setback of 3.0metres, rather than the required 4.0 metresbe approved subject to the following condition: 1.The owner shall submit revised permit drawings to the Building Division. REPORT HIGHLIGHTS: Theapplication is requesting relief from Section 5.6A.4(c) to allow a newly constructed deck in the rear yard of 806 Belmont Avenue West to have a rear yard setback of 3.0 metres, rather than the required 4.0 metres. The property owner obtained a building permit for the new deck, however, the contractor who built the deck inadvertently located the deck 3.0 metres from the rear lot line, rather than the required 4.0 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location MapBuilding Permit Drawing BACKGROUND: The property is designated as Low Rise Residential in the City’s Official Plan and identified as a Major Transit Station Area on the City’s Urban StructureMap. The property is zoned as Residential Three (R-3)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 proposed variancemeets the general intent of the Official Plan as the LowRise Residential designation supports the existing single detached dwelling use on the property. General Intent of the Zoning By-law The proposed variance meets the intent of the Zoning By-law as the regulations for deck setbacks are intended to ensure that structures are built within the confines of the property without creating any negative impacts on abutting properties. In this case, the deck will maintain a 3.0 metre setback from the rear property line which will still provide adequate separation to the abutting property at the rear of the site. Is the Variance Minor? The variance is considered minor as the 3.0 metre setback will maintain adequate separation from the abutting property to the rear of the site. The deck was constructed with a permit;however, human error created the need for the variance. Is the Variance Appropriate? Staff is of the opinion that the rear yard setback of 3.0 metres for a deck is appropriate for the subject property as there will be no impact on the abutting properties. City Planning staff conducted a site inspection of the property onJuly 5, 2021. Streetview Image ofSubject Property Building Comments: The Building Division has no objections to the proposed variance, permits have already been issued for the rear yard deck, revised drawings to be submitted to the Building Division. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 806 Belmont Ave W. is located within the Westmount East & West Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plansfor each CHL with specific conservation options. 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 onthe 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