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Home My WebLink AboutDSD-2021-147 - A 2021-085 - 49 Gruhn StStaff Report De velo relent Services Dq,oartrlent �.L www. kitchener ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 1711, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 61h, 2021 REPORT NO.: DSD -2021-147 SUBJECT: Minor Variance Application A2021-085 49 Gruhn Street Applicant — Chris Fernandes Owner — Attila Schmidt, Jennifer Scullion RECOMMENDATION: That application A2021-016 requesting permission to allow an upper storey addition to have a side yard setback of 0.67 metres whereas a setback of 1.2 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow an upper storey addition to have a side yard setback of 0.67 metres rather than the required 1.2 metres. M 7 L I_''. 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 as Low Rise Conservation in the KW Hospital Neighbourhood Secondary plan within the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and build an upper storey addition. 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 Conservation in the KW Hospital Neighbourhood Secondary Plan within the City's Official Plan. This designation includes policies regarding preservation of the built scale of development through the retention of existing housing stock and to retain the existing low rise, low density residential character of the neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure there is adequate space to access the rear of the property. The existing dwelling was built over 90 years ago, and the 0.67 metre setback is now considered legal non -conforming. The existing setback has caused no issues with rear yard access in that time, and staff have no concerns with the building addition matching the existing 0.67 metre setback. The opposite side yard also provides access to the rear yard as there is an existing driveway along the side of the dwelling. Staff is of the opinion that the reduction in the side yard setback meets the general intent of the Zoning By-law. Is the Variance Minor? The variance can be considered minor as it is the opinion of staff that the side yard setback continues to accommodate the appropriate rear yard access. The setback of 0.67 metres for the side yard will not present any significant impacts to adjacent properties 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 neighbourhood. City Planning staff conducted a site inspection of the property on August 3rd, 2021 jif k7 4J.. '.7"' Mj 0 Aw td " jif Photo of Subject Property (Front and Side view) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the alterations to the single detached dwelling and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: 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 49 Gruhn Street is located within the Gruhn 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 plans for each CHL with specific conservation options. Environmental Comments: 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 Committee of Adjustment meeting. A notice sign was placed on the property advising 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/authorities related to this matter. I I I I I I I I I I I I I I I I I I I I I I I I Elevation Drawing (Front View) — 49 Gruhn Street — — - - - - - - --- -- - - — - -- -- � I METds-nNGGffWE 4 ' [&t7'G MEA- 33N'RQ) r T 4 W T----- w I I � I 1- E)'JynyG SMILE FAULT 59 I4 ME LNG JOLM _.._ IeID'GMEA-54312] I I I I = x IIA4 G � I I I I 4 I I L______J1 1 I Concept Layout — 49 Gruhn Street I I I I I I I I I I I I I I I I I I I I I I I I Elevation Drawing (Front View) — 49 Gruhn Street PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca 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 Document Number: 3755058 Page 1 of 2 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(a)Kitchener. ca 0 4_10V�04 and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6 0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca 0syaion 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, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-081 101 Schweitzer Street A 2021-082 915 Eaglecrest Court A 2021-083 200 Tartan Avenue A 2021-084 210 Tartan Avenue A 2021-085 49 Gruhn Street A 2021-087 407 Park Street A 2021-088 62 Hawkswood Drive A 2021-090 50 Otterbien Road A 2021-091 Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80) Application for Consent B 2021-042 220 Ira 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(c-)-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 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River