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Home My WebLink AboutDSD-2021-119 - A 2021-073 - 538 Victoria St. SREPORT TO:Committee of Adjustment th DATE OF MEETING:July 20, 2021 SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED:Ward8 th DATE OF REPORT:July 9,2021 REPORT NO.:DSD-2021-119 SUBJECT:Minor Variance Application A2021-073 538 Victoria Street South Applicant & Owner –Tim MacKay RECOMMENDATION: That application A2021-036requesting permission to allow a front yard covered porch additionto have a frontyard setback of 8.09metres whereas a minimum setback of 9.49 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow a front yard covered porch addition to have a front yard setback of 8.09metres rather than the required minimum front yard setback of 9.49metres as identified for lands identified on Appendix ‘H’. Location Map *** 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 asLow Rise Residentialin the City’s Official Plan and identified as a Community Area on the City’s Urban Structure Map. The property is zoned asResidential FourZone(R-4), with Special Provision 263Uin Zoning By- law 85-1. The applicant is proposing to rebuild a front yard porchon to the existing single detached dwelling and canno longermeet the requirements of Section 38.2.1 of the Zoning By-law. The applicant is requesting to make the new porch slightly larger that what was existing on site. The property is a corner lot and although the driveway access is along Alice Avenue,the front yard isalong Victoria Street South.The property is identifiedon Appendix ‘H’ which is the RIENS area. 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 Low Rise Residential in the City’s Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale,and design to support thesuccessful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets,and exterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 9.49metre frontyard setback is to ensure thereis adequate separation from the front lot line, and to establish a consistent built form along the street edge.The subject property is located within the Residential Intensification in Established Neighbourhoods Study (RIENS) area and follows a specific calculation to determine the required front yard setback for each property. The RIENS front yard setback calculation is taken by averaging out the adjacent dwellings front yardsetback. This property is a corner lot and the adjacent front yard setback is the neighbouring property on Forest Hill Dr. The neighbouring property has a front yard setback of approximately 10.49metres. As a result,the minimum front yard setback requiredis 9.49metres. The proposed setback of 8.09 metres will continue to provide adequate separation from the front lot line and will not impact the street edge along Victoria Street South. It should also be noted that there is no addition being proposed towardsAlice Avenue, which results in a consistent street edge along the side yard abutting a street. Furthermore, the applicant is replacing what was an existing uncovered porch. The porch that existed was only slightly more setback then what is being proposed. Staff is of the opinion that the reduction in the front yard setbackcontinues to meet the general intent of the Zoning By- law. Is the Variance Minor? The variancescan be considered minoras it is the opinion of staff that the frontyard setback continues to accommodate the appropriate built form along the street edge.The setback of 8.09metres for the frontyard will not present any significant impacts to adjacentproperties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhoodand it maintains a consistent street edge. th City Planning staff conducted a site inspection of the property on July 5, 2021. Photo of Subject Property(Front view) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the covered front porchand is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. 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: There are no previous reports/authoritiesrelated to this matter. Concept Layout–538 Victoria Street South 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