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Home My WebLink AboutDSD-2021-152 - A 2021-088 - 62 Hawkswood DrREPORT TO:Committee of Adjustment DATE OF MEETING:August 17, 2021 SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Vieira, Jessica,Student Planner,519-741-2200ext. 7074 WARD(S) INVOLVED:Ward 1 DATE OF REPORT:August 6, 2021 REPORT NO.:DSD-2021-152 SUBJECT:Minor Variance Application A2021-088 62 Hawkswood Drive Owner –Nikoletta Trasias & Chris Dimtrievski Applicant –Nikoletta Trasias RECOMMENDATION: That application A2021-088requesting permission for a proposed covered porch to have a rear yard setback of 3.04 metres rather than the required 7.5 metres be approved. REPORT HIGHLIGHTS: Theapplication is requestingrelief from Section 37.2.1 of Zoning By-law 85-1 to facilitate the construction of a new covered patio in the backyardwith a rear yard setback of 3.04 metres rather than 7.5 metres in accordance with Section 5.6A.4 of the Zoning By-law. *** 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 at 62 Hawkswood Drive is designated as Low-Rise Residential in the City’s Official Plan and identified as a Community Area on the City’s Urban StructureMap. The property is zoned as a Residential Three Zone (R-3) in Zoning By-law 85-1. Special regulation provision 304R and 307R are applied to some lands in this area, including the subject property. The former permits identified lots to have a minimum width of 15 metres, while the latter regulates the dimensions of garages on identified properties. These special regulation provisions do not affect what is being proposed in this minor variance application. At present, the property contains a single detachedresidentialdwelling and oneaccessory structure. The rear yard had previously contained an uncovered deckwith railings, which has been removed to facilitate this proposal. REPORT: Planning Comments: In considering the four tests for minor variances as outlinedin 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 property is presently developed with a two-storey, single detached residential dwelling with a detached accessory structure. The proposed covered porch will not significantly change the existing massing, height, or other design characteristics of the house, especially as it will not be visible from the front street line. Therefore, it is the opinion of staff that the requested variance is appropriate and meetsthe general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metre rear yard setback is to ensure that there is adequate amenity space on site as well as adequate separation of buildings. The proposed covered porch does not span across the entire rear yard anddoes not detract from the available outdoor amenity space. The separation between the dwelling on the subject property and surrounding buildings will not be changed. Therefore, staff is of the opinion that the requested reduction in the rear yard setback meets the general intent of the Zoning By-law 85-1. Is the Variance Minor? The proposed variance is minor in nature. Staff is of the opinion that the requested reduction in the setback will allow for the construction of a new covered porch that is compatible with the existing uses of the property and will not negatively impact any of the adjacent properties or surrounding neighbourhood. Appropriate rear yard access and use continues to be accommodated. The proposed covered porch will be replacing a previous deck which has been removed. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance is not expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed scale, massing, and height of the covered porch is compatible with the existing dwelling on the property and will not negatively impact the present character of either the subject property or the surrounding area. City Planning staff conducted a site inspection of the property onJuly 30, 2021. Figure 2: View of the rear yard of the subject land where the covered porch is proposed to be located. Building Comments: The Building Division has no objections to the proposed variance. An application has been made for the covered porch 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: There are no natural heritage or tree management 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. CONSULT –Planning Staff were contacted by a neighbour inquiring about the nature of the application and if it would result in changes to the streetscape. Clarification on what was being requested within the application was provided and all concerns appropriately addressed. PREVIOUS REPORTS/AUTHORITIES: Building Permit application 2021 118914 AL is currently under review. 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.