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Home My WebLink AboutDSD-2021-134 - A 2021-070 - 124 Walter StREPORT TO:Committee of Adjustment DATE OF MEETING:July 20, 2021 SUBMITTED BY:Bateman,Brian,Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Schneider,Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED:Ward9 DATE OF REPORT:July 9,2021 REPORT NO.:DSD-2021-134 SUBJECT:Minor Variance Application A2021-070 124 Walter Street Owner–Joel Westberg Applicant-Mackenzie Carroll (Gerrard’s Design & Drafting Inc.) RECOMMENDATION: That application A2021-070requesting permission toconstruct an addition in the rear yard of an existing single detached dwelling to convert the dwelling into a duplex having a westerly side yard of 0.8m rather than the required 1.2m; and, a rear yard setback of 3.07m rather than the required 7.5m be approved, subject to the following condition: 1.That elevation drawings be submitted to the satisfaction of the Director of Planning, illustrating that the proposed addition will be compatible with the neighbourhoodin terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. REPORT HIGHLIGHTS: The applicant is requestingpermission to construct a rear yard addition that would add one residential unit by converting the existing single detached dwellinginto a duplexdwelling. A duplex is a permitted use in the zone, but the applicant is seeking relief from minimum side yard andrear yard setback(Section 40.2.2). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map:124 Walter Street BACKGROUND: Thesubject propertylocated at 124 Walter StreetStreetis designated asLow Rise Multiple Residentialin the KW HospitalSecondary Plan in the City’s Official Plan and identified as aMajor Transit Station Areaon the City’s Urban StructureMap. The property is zoned asResidential SixZone(R-6)in Zoning By-law 85-1. In 2002the subject property was severed from lands fronting King Street to create the 6 parcels shown on the above location map in application B2002-048. The subject property also received a minor variance when the parcel was created in application A2002-070 to reduce the side yard setback from 1.2 metres to 0.8 metres. The applicant is now seeking to convert the existing single detached dwellinginto a duplexdwelling and is seeking relief for rear yard and side yard setback. 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 1.The subject property is designated Low Rise Multiple Dwellingin the KW HospitalSecondary Plan in the Official Plan. This designation aims to provide for a range of housing opportunities while retaining and enhancing the low profile of the residential streetscape. The proposal intends to offer an additional dwelling unit while keeping with the low profile of the streetscape. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2.Rear Yard Setback:Theintent of the regulation that requires 7.5 metres for rear yard setback is to ensure that adequate amenity space and building separation is provided.In terms of amenity space, the applicant is intending provide balcony space within the addition to serve as passive outdoor amenity space. Active outdoor amenity space is available directly across the street from the subject site with the existing park space. In terms of building separation, the subject site backs onto an 18 storey residential tower currently under construction. The 18 storey tower is located 17 metres from the rear property line. Staff are of the opinion that adequate building separation is provided. Therefore, staff are of the opinion that the requested variance for reduction in rear yard setbackmeets the general intent of Zoning By-law. Side Yard Setback:The existing sideyard setback of 0.8metres was previously approved in minor variance A2002-070for the current single detached dwelling. The applicant is keeping the building addition in line with the current building and it will not extend further towards the side property line than the existing building. The intent of the side yard setback is to provide access to the rear yard and adequate building separation. Accessto the rear yardis maintained with the 0.8 metre setbackand is also providedon the east side of the property witha1.25 metre setback. As all of the 6 lots created in 2002 have reduced side yards, the building separation was planned and approved as part of the buildings original construction and is maintained with this proposal. Therefore, staff is of the opinion that access and building separation are adequate and therefore the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3.The proposalinvolves a rear yard addition that is not expected to have impacts to the streetscape. The side yard setback represents and existing condition and is not expected to have adverse impacts to neighbouring properties. Therefore,Staff are of the opinion that the requested variances are appropriate. Is the Variance Minor? 4.A duplex dwelling is a permitted use in the zone and reductions in setbacks are not expected to cause adverse impacts to the surrounding neighbourhood. Therefore,the requested variance is considered minor. City Planning staff conducted a site inspection of the property on July 2, 2021. View of Existing Single DetachedDwelling(July 2, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a duplexis obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. TransportationComments: Transportation Services does not have any concerns with the proposed application. As an advisory note, if the applicant / homeowner wishes to widen the driveway and is seeking a curb cut, they will need to go through the curb cut permit approval process via the Planning Division. Heritage Comments: No heritage planning concerns. EnvironmentalComments: No environmental planning concerns. 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: B2002-048 A2002-070 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