HomeMy WebLinkAboutDSD-2021-153 - A 2021-086 - 176 Woolwich StStaff Report
De velo n7ent Services Dq,oartr7ent
REPORT TO: Committee of Adjustment
DATE OF MEETING: August 17, 2021
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SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: August 6, 2021
REPORT NO.: DSD -2021-153
SUBJECT: Minor Variance Application A2021-086
176 Woolwich Street
Owner— Klondike Homes Ltd.
Applicant — Paul Florice, C/O Klondike Homes Ltd.
RECOMMENDATION:
That application A2021-086, for 176 Woolwich Street, requesting relief from:
a) Section 34.3.2 of Zoning By-law 85-1 to allow a single detached dwelling to be
constructed on a lot with a width of 56.08 metres rather than the required minimum of
60 metres; and
b) Section 34.3.2 of Zoning By-law 85-1 to allow for a single detached dwelling to have a
right (south) side yard setback of 1.9 metres rather than the required minimum of 7.5
metres,
be approved subject to the following condition:
The Owner shall prepare a Tree Preservation/Enhancement Plan for the subject lands
in accordance with the City's Tree Management Policy, to be approved by the City's
Director of Planning and where necessary, implemented prior to any grading, tree
removal or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, landscaped
area, and vegetation to be preserved and shall be submitted prior to the issuance of a
Building Permit.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a minor variance to facilitate the
construction of a single detached dwelling with a reduced lot width and reduced side yard setback.
The lot width of 56.08 metres rather than the required 60 metres, and a side yard setback of 1.9
metres rather than the required 7.5 metres is being sought.
*** 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 of the Subject Property
BACKGROUND:
The subject property is located on the east side of Woolwich Street, in the Bridgeport North Planning
Community on the border of Kitchener's boundary with Waterloo. The property contains a single
detached dwelling and the immediate neighbourhood is characterized primarily by low-density
residential uses including one, one -and -a -half, and two storey single detached dwellings. The
dwelling directly adjacent to the north has a two-storey form, while the property to the south contains
a one -and -a -half storey home.
The property is designated as Low Rise Residential in the City's Official Plan and identified as a
Community Area on the City's Urban Structure Map. It is zoned as Agricultural (A-1) in Zoning By-
law 85-1; currently the property is not subject to By-law 2019-051.
City Planning staff conducted a site inspection of the property on July 30, 2021.
The applicant is proposing to demolish the existing single detached dwelling and replace it with a
new single detached dwelling. A Residential Demolition Permit was issued August 6, 2021 by the
Building Division and Demolition Control exemption was confirmed based on the A-1 zoning. To
facilitate redevelopment, the applicant is seeking to legalize the existing lot width of 56.08 metres
rather than the required 60 metres. Further relief is being sought to allow for the new dwelling to
have a side yard setback of 1.9 metres rather than the required 7.5 metres.
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
In the City's Official Plan, the intent of the Low Rise Residential land use designation is to permit a
variety of low-density residential uses. Within this designation, emphasis is 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 proposed new dwelling will be of a similar size to those in the
surrounding area, and the existing lot width is of a similar enough size as to ensure a cohesive
streetscape. The low-density characteristic of the property and the surrounding neighbourhood is
maintained. Therefore, it is the opinion of staff that the requested variances are appropriate and meet
the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 60 -metre lot width in the A-1 zone is to ensure that lots are adequately sized to support
agricultural operations. Though zoned as such, the subject lot is used only for residential purposes. The
requested first variance is an existing condition that does not adversely impact either the adjacent
property nor its present use.
With respect to the second variance, in the A-1 zone, the 7.5 metre setback from the side lot line is
intended to ensure that there is adequate separation between dwellings and lot lines for farming
purposes. As mentioned above, though zoned Agricultural, the subject land is used solely for residential
purposes. It should also be noted that Zoning By-law 2019-051 is proposing to update the subject
properties zoning to Low Rise Residential Zone Two (RES -2) to better reflect its existing use. Further,
the subject land is surrounded by residentially zoned properties which allow for a 1.2 metre side yard
setback. The proposed 1.9 metre side yard setback provides adequate space to access the rear of the
property and provide an adequate buffer to the adjacent dwelling.
Due to the above reasons, Planning staff is of the opinion that the requested variances are appropriate
and meet the general intent of the City's Zoning By-law.
Are the Variances Minor?
The requested variances are minor in that they will not create unacceptably adverse impacts on
adjacent uses or lands. The proposed setback, in combination to the southernly dwellings side yard
setback, is sufficient to ensure buffering and privacy. Adequate buffering and privacy will further be
ensured if staffs recommended condition for implementation of a Tree Preservation Plan is approved.
Planning staff is of the opinion that the variances are minor.
Are the Variances Appropriate?
The requested lot width variance will legalize an existing condition and facilitate the construction a
single detached dwelling, which is a permitted use in the Official Plan and Zoning By-law. The
requested variances are not expected to negatively impact any of the adjacent properties or the
surrounding neighbourhood. The proposed dwelling will not negatively impact the present character
of either the subject property or the surrounding area. For these reasons, Planning staff is of the
opinion that the variances are appropriate for the development of the land.
Building Comments:
The Building Division has no objections to the proposed variance. An application has been made for
the new detached dwelling and 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:
A Tree Preservation/Enhancement Plan is required in accordance with the City's Tree Management
Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to
any grading, tree removal or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone, landscaped area, and
vegetation to be preserved.
Grand River Conservation Authority Comments:
The Grand River Conservation Authority (GRCA) 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
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:
Committee of Adjustment application A2019-030 requesting relief to permit and addition to have a
side yard setback of 1.2 metres rather than the required 7.5 metres and a lot width of 52.5 metres
rather than the required 60 metres was considered on April 16, 2019 and was approved.
Building Permit application 2021 120672 is under review by the Building Division and a permit for
Residential Demolition was issued on August 6, 2021.
Demotion Control exemption was confirmed through DC21/023/W/ES.
ATTACHMENT
Attachment A — Drawing included with the application
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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
Administration Centre: 400 Clyde Road, P.Q. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
PLAN REVIEW REPORT: Dianna Saunderson
City of Kitchener
DATE: FILE:
August 3, 2021 Minor Variance A2021-086 — 176 Woolwich St
RE: Minor Variance Application A2021-086
176 Woolwich Street
Klondike Homes
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no concerns with the application.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that the subject lands contain
and are adjacent to wetlands.
2. Legislative/Policy Requirements and Implications:
Due to the presence of the wetlands, the GRCA regulates all of the property under
Ontario Regulation 150/06 (Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation).
The GRCA has reviewed and approved Permit 510/21 for the proposed
development. As such, we have no concerns with this application.
3. Advisory Comments to the Applicant:
GRCA permits are non-transferrable. If there are any changes to the approved
permit drawings, an amendment will be required.
4. Review Fees:
This application is considered a `minor' minor variance, and in accordance with the
GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280. We will send
an invoice to the applicant.
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
We trust this information is of assistance. If you have any questions or require additional
information, please contact me at 519-621-2763 ext. 2292 or theywood(5�grandriver. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
* These comments are respectfully submitted as advice and reflect resource concerns within the
scope and mandate of the Grand River Conservation Authority
Attachment
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