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Home My WebLink AboutDSD-2021-141 - A 2021-072 - 53 Plaza CrtREPORT TO:Committee of Adjustment DATE OF MEETING:July 20, 2021 SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Vieira, Jessica,Student Planner,519-741-2200ext. 7074 WARD(S) INVOLVED:Ward1 DATE OF REPORT:July 9, 2021 REPORT NO.:DSD-2021-141 SUBJECT:Minor Variance Application A2021-072 53 Plaza Court Owner –Manfred Hager and Susan Hager Applicant –Garret Pieffers, C/O AKP Structures Inc. RECOMMENDATION: That application A2021-072requesting permission for an accessory structure to have a soffit height of 3.66 metres where 3.0 metres is permitted, be approved. REPORT HIGHLIGHTS: Theapplication is requestingrelief from Section 5.5.2b)of Zoning By-law 85-1 to permitthe development ofan accessory structurein the rear yard. The proposed accessory structure isto have a soffit height of 3.66 metres whereas 3 metres is permitted. *** 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 as Low-Rise Residential in the City’s Official Plan and identified as a Community Areaon the City’s Urban StructureMap. The property is zoned as Residential Three Zone (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 intent of the Low-Rise Residential designation in the City Official Plan is to permit a variety of low- density residential uses. Within this designation, there are regulations to ensure that accessory structures do not create visual encroachment issues, shadow impacts, or privacy issues for adjacent properties. Emphasis is also placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The property is presently developed with a two-storey, single detached residential dwelling.Sufficient setbacks and separation distances from the proposed accessory structureto adjacent properties and buildings will be maintained. Further, the proposed accessory structure will not be visible from the street front. Therefore, it is the opinion of Staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of this regulation is to ensure accessory structures are subordinate in terms of height and scale to the principle dwelling. The requested minor variance to permitan accessory structure to have asoffit height of 3.66 metres rather than the required maximum of 3 metres meets the general intent of ZoningBy-law85-1. Due to the large sizeof the property’s rear yard, as well asthe setbacks from the existing neighbouring property,the increase in heightwill be negligible in the context of the area. Is the Variance Minor? The proposed increase in accessory structure soffit height is minor, as it represents only a 0.66metre difference. Thisincrease will not create unacceptable impacts on either the subject property or adjacent properties and is consistent with the character of the neighbourhood. The variance in height is also not visible from the street. Therefore, Staff is off the opinion that the requested minor variance is minor. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance in building soffit height will not impact any of the adjacent properties or the surrounding area. Apart from soffit height relief, the dwelling complies fully with the Zoning By-law. Planning Staff is of the opinion that the variance is appropriate. City Planning staff conducted a site inspection of the property onJuly 8, 2021. Figure 2: The Rear YardoftheSubject Property Building Comments: The Building Division has no objections to the proposed variance. An application has been made for the detached accessory structureand is currently under review Transportation Comments: Transportation Services does not have any concerns with the proposed application. 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: There are no environmental planning concerns associated with the application. 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: ABuilding Permit applicationis currently under review. 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