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Home My WebLink AboutDSD-2021-182 - A 2021-092 - 21 Nine Pines RdREPORT TO:Committee of Adjustment DATE OF MEETING:September 21, 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 6 DATE OF REPORT: September 10, 2021 REPORT NO.:DSD-2021-182 SUBJECT:Minor Variance Application 21 Nine Pines Road Owner – Henri Jacquot & Sharon Jacquot Applicant – Justine Nigro RECOMMENDATION: That application A2021-092 for 21 Nine Pines Road, requesting relief from Section 37.2.1 of Zoning By-law 85-1 to allow a reconstructed deck to have a side yard setback of 0.0 metres whereas 1.2 metres is required, beapproved subject to the following condition: 1.That a building permit be obtained from the Building Division prior to construction. REPORT HIGHLIGHTS: Thepurpose of this report is to recommend conditional approval of a minor variance to facilitate the replacement of a side yard deck with a reduced side yard setback. The application is requestinga side yard setback of 0.0 metres rather than the required 1.2metres. *** 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 subject property is a corner lot located at the intersection of Nine Pines Road and Williamsburg Road in the Laurentian Hills Planning Community. The property contains a single detached dwelling with an existing attached deck and detached accessory structure. The immediate neighbourhood is characterized predominately by low-density residential uses, including single detached dwellings and cluster townhome dwellings. The property is designated asLow Rise Residential in the City’s Official Plan identified as a Community Area on the City’s Urban StructureMap. The property is zoned as Residential Three Zone (R-3)in Zoning By-law 85-1. Currently, the property is not subject to Zoning By-law 2019-051. The applicant is proposing to reconstruct an elevated deck in the southerly side yard of the subject property. To facilitate its construction, the applicant is seeking relief to allow for a southerly side yard setback of 0.0 metres, whereas 1.2 metres is required. City Planning staff conducted a site inspection of the property on September 3, 2021. Figure 2: Southerly Side Yard, View Looking West Figure 3: Southerly Side Yard, View Looking East 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 property is presently developed with a one-storey, single detached residential dwelling. The proposed reconstruction of an existing, elevated deck will not change the existing massing, height, or other design characteristics of the property. Further, it is an appropriate use for a residential property. Therefore, it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the Zoning By-law requiring a 1.2 metre side yard setback is to ensure access to the rear yard, that there is adequate buffering between buildings, and to provide adequate space for the owner to maintain their property and dwelling. As the subject property is a corner lot, the rear yard can still be appropriately accessed both externally on the northern side, where the setback is 7.63 metres, as well as internally from the house on the southernly side.For internal access the deck is required as the rear of the property is on a slope, with the basement being half above grade and the side door being elevated above ground level. The northerly side yard is also of a size which can easily accommodate the transportation of equipment for maintenance – such as wheelbarrows or lawn mowers – into the rear yard.Maintenance to the southern side of the dwelling can also be accommodate without encroaching onto the adjacent property. The separation between the dwelling on the subject property and adjacent properties will not change, so appropriate buffering continues to be provided. Due to these reasons, Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. Is the Variance Minor? The requested variance is minor.Staff is of the opinion that the requested reduction in sideyard setback will allow for the reconstruction of an existingside yard deck that is compatible with the existing residential uses of the property and which will not negative impact any adjacent property. Appropriate rear yard access continues to be accommodatedandthe separation between the dwelling on the subject property and the property adjacent to the south will not change. Is the Variance Appropriate? The requested variance to permit a reduction in rear yard setback will legalize an existing condition and facilitate the repair and reconstruction of a deck, which is a permitted use in the Official Plan and Zoning By-law. The proposed deck will not change in terms of scale, massing, or height from what is existing so the character of both the property and the surrounding area is maintained. The requested variances are not expected to negatively impact the adjacent properties or the surrounding neighbourhood in any way. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the decks/walkway 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: There are no heritage planning concerns associated with the application. Engineering Comments: Engineering has no concerns with the proposed application. Environmental Planning Comments: No environmental planning concerns. Region of Waterloo Comments: The Region has no concerns regarding the proposed 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 signed was placed on the propertyadvising that a Committee of Adjustment application has been received. The sign advisesinterested 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. September03, 2021 Kristen Hilborn City of KitchenerFile No.: D20-20/ 200 King Street WestVAR KIT GEN P.O. Box 1118 Kitchener, ONN2G 4G7(8)VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11)/28, 120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12)/15 KIT/SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Dear Ms. Hilborn: Re:Committee of Adjustment Applications Meeting September,2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: A 2021-084(Amended)210 Tartan Avenue No Concerns. A 2021-09221 Nne Pines Road No Concerns. A 2021-0931248 Ottawa Street South There are no concernstotheminor variance application inthe existing conditions.However, the applicantsmust be advisedthata future road dedicationofapproximately1.2mmayberequired from the above propertyincase of anypotentialfuture development application, to complywiththe designated road width of30.48m for the Ottawa Street South(RR #04). At such times in future, the parking spots would have0.8mclearancefrom theOttawa Street propertyline. A2021-09450 Valleybrook Drive No Concerns. A 2021-0951791 Glasgow Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌБЉВВЎБ tğŭĻ Њ ƚŅ Ћ 6)A 2021-09661 Warren RoadNo Concerns. 7)A 2021-09717-19 Peter StreetNo Concerns. 8)A 2021-09816-20Queen Street NorthNo Concerns. 9)A 2021-099111 Gay CrescentNo Concerns. 10)A 2021-100(Updated) 932 Eaglecrest CourtNo Concerns. 11)A 2021-10120 Pearson Street & 160 Bullock StreetNo Concerns. 12)A 2021-102695 Block Line RoadNo Concerns. 13)A 2021-103 to 104331 & 341 Hesh CrescentNo Concerns. Please be advised that any development on the lands subject to the Applications noted above aresubject 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 developmentsprior to the issuance of a building permit. The comments contained in this letter pertain to the Application numberslistedabove. 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 September 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:September 21, 2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-084210 Tartan Avenue A 2021-09221 Nine Pines Road A 2021-0931248 Ottawa Street South A 2021-09450 Valleybrook Drive A 2021-0951791 Glasgow Street A 2021-09661 Warren Road A 2021-09717-19 Peter Street A 2021-09816-20 Queen Street North A 2021-099111 Gay Crescent A 2021-100932 Eaglecrest Court A 2021-10120 Pearson Street & 160 Bullock Street A 2021-102695 Block Line Road A 2021-103 to 104331 & 341 Hesh Crescent Application for Consent B 2021-043303 Park Street 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.