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Home My WebLink AboutDSD-2021-146 - A 2021-081 - 101 Schweitzer StREPORT TO:Committee of Adjustment th DATE OF MEETING:August 17, 2021 SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED:Ward1 th DATE OF REPORT:August 6,2021 REPORT NO.:DSD-2021-146 SUBJECT:Minor Variance Application A2021-081 101 Schweitzer Street Owner–2477865 Ontario Inc. Applicant –Bogdan Kliska RECOMMENDATION: That application A2021-081requesting permission to allow a new duplexdwelling to have an east side yard setback 0.914metres whereas 1.2metres is required, and a rear yard setback of 6.585 metreswhereas 7.5 metres is required,beapproved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1of the Zoning By-law to permit a purpose-built duplex with an eastside yard setback of 0.914 metres rather than the required 1.2metres. Further relief is requested to permit a rear yard setback of 6.585 metres whereas 7.5 metres is required. 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 FiveZone(R-5)in Zoning By-law 85-1. The applicant is proposing toconstruct a purpose-built duplex on the existing vacant lot. The lot was recently severed from 103 Schweitzer Street and the owner has cleared the conditions and is ready to construct the dwelling on site. 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 the successful integration of different housing types. It also incorporates policies that places emphasis on the relationship of housing to adjacent buildings, streets,and exterior areas. It is the opinion of staff thatthe requested variancesare appropriate and continue to meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2metre side yard setbackis to ensure adequate access to the rear yard. The variance is only requested for the eastside yard setback, while the left side yard setback will still meet the 1.2 metre setback required. The reduction in the eastside yard setback will have a minimal effect as access to the rear yard is maintainedthrough the west side yard. Additionally, this sideyard is situated adjacent to the retained lands at 103 Schweitzer which contains rear yard parking for the existing multiple dwelling. No impacts tothe neighbouring property are anticipated. The intent of the 7.5 metre rear yard setback is to ensure that there is adequate rear yard amenity space for the dwelling. The proposed rear yard setback of 6.585 metres still maintains an adequate setback fromthe rear lot line. Furthermore, the design of the building shows a portion of the rear of the foundation meets the required 7.5 metre rear yard setback. Staff is of the opinion that the reduction in the side yard setback and rear yard setback 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 thereduction in side yard setback from 1.2metres to 0.914metres, and reduction in rear yard setback from 7.5 metres to 6.585, aresmall in nature for the context of the development.Staff is off the opinion that the reducedside and rear yard setbacks will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The requested variancesshould not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition is in keeping with the existing character of the subject property or surrounding neighbourhood.Therefore,thevariances are appropriate for the development and use of the land. rd City Planning staff conducted a site inspection of the property on August 3,2021. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new residential building is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with this application. EnvironmentalComments: Environmental Planning has no concerns with this 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 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: Consent (Severance) application B2020-042. Concept Layout–101 Schweitzer Street July 23, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-081 101 Schweitzer Street No Concerns. 2) A 2021-082 915 Eaglecrest Court No Concerns. 3) A 2021-083 200 Tartan Avenue No Concerns. 4) A 2021-084 210 Tartan Avenue No Concerns. 5) A 2021-085 49 Gruhn Street No Concerns. 6) A 2021-086 176 Woolwich Street No Concerns. 7) A 2021-087 407 Park Street No Concerns. 8) A 2021-088 62 Hawkswood Drive No Concerns. 9) A 2021-089 165 Courtland Avenue East No Concerns. 10) A 2021-090 Otterbein Road 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌАЎЎЉЎБ tğŭĻ Њ ƚŅ Ћ 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 August 5, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:August 17,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-081101Schweitzer Street A 2021-082915Eaglecrest Court A 2021-083200Tartan Avenue A 2021-084210Tartan Avenue A 2021-08549Gruhn Street A 2021-087407Park Street A 2021-08862Hawkswood Drive A 2021-09050Otterbien Road A 2021-091Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Applicationfor Consent B 2021-042220Ira Needles Boulevard 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 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority.