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HomeMy WebLinkAboutDSD-2021-184 - A 2021-100 - 932 Eaglecrest CrtREPORT 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 1 DATE OF REPORT: September 10, 2021 REPORT NO.:DSD-2021-184 SUBJECT:Minor Variance Application 932 Eaglecrest Court Owner – Activa Holdings Inc. Applicant – Kelsey Fischer, C/O Activa Holdings Inc. RECOMMENDATION: That application A2021-100 for 932 Eaglecrest Court, requesting relief from: a)Section 40.2.2 of Zoning By-law 85-1 to allow a single detached dwelling to have a rear yard setback of 7.31 metres rather than the required 7.5 metres; b)Special Regulation Provision 307b)(i) of Zoning By-law 85-1 to allow a single detached dwelling to have maximum garage width that is 55.44% of the lot width instead of the permitted 50% of the lot width; and c)Special Regulation Provision 307b)(ii) of Zoning By-law 85-1 to allow a single detached dwelling to have a maximum garage width that is 55.44% of thelot width instead of the permitted 50% of the lot width. be approved \[subject to the following conditions:\]. 1)That a revised building permit be submitted to the satisfaction of the Building Division. REPORT HIGHLIGHTS: Thepurpose of this report is to recommendconditionalapproval of a minor variance to facilitate the construction of a single detached dwelling with a reduced rear yard setback and increase the permitted width of the attached garage and driveway. The rear yard setback is proposed to be 7.31 metres rather than the required 7.5 metres and the garage and driveway are proposed to be 55.44% of the lot width instead of the permitted 50%. *** 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 located on Eaglecrest Court, a cul-de-sac which connects to Eaglecrest Street. It is located within the Bridgeport North Planning Community, in the northern part of Kitchener. The property waspreviouslyvacantlandand is presently undergoing construction to develop a single detached dwelling. The immediate neighbourhood is characterized primarily by residential uses including one, one-and-a-half, and two storey single-detached homes. The property is designated asLow Rise Residentialin the City’s Official Plan and identified asa Community Areaon the City’s Urban StructureMap.It is zoned as Residential Six Zone (R-6) in Zoning By-law 85-1 with Special Regulation Provisions306R and 307R. The first special provision regulates the maximum number of units permitted in a multiple dwelling, dwelling type, and minimum lot width. It is not impacted by this application. The second special provision regulates garage and driveway dimensions on affected lands. Currently, the property is not subject to By-law 2019-051. The applicant is proposing to construct a two storey, single detached residential dwelling. A Residential Building Permit was issued May 25, 2021. To facilitate the development, the applicant is seeking relief to allow for a 7.31 metrerear yardsetback rather than the required 7.5 metres. Further relief is being sought to permit a garage and driveway width of 6.5 metres or55.44% of the lot width rather than the permitted 50% of the lot width, or5.85 metres. City planning staff conducted a site inspection of the property on September 3, 2021. Figure 2: Rear Yard of 932 Eaglecrest Court with Poured Foundation Figure 3: Front View of 932 Eaglecrest Court with Poured Foundation 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 requested variances to permit a reduced rear yard setback and an increased driveway and garage width is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. Therefore, it is the opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law With respect to the first requested variance, the intent of the 7.5 metre rear yard setback is to ensure that there is adequate amenity space on site as well as sufficient separation between adjacent buildings. The proposed reduction in rear yard setback still permits for usable outdoor space, particularly due to the significant width of the rear lot line as the property is pie shaped. The separation between the proposed single detached dwelling and the abutting rear single detached dwelling is also sufficient to maintain privacy and buffering. The intent of the maximum garage and driveway width in Special Regulation Provision 307R of the Zoning By-law is to ensure that parking facilities donot dominate the front of the dwelling and by extension, the streetscape. The subject lot is pie shaped and narrows towards the front, so the driveway percentage calculation does not capture the full size of the lot as it widens considerably towards the rear lot line. In addition, the proposed driveway is“tapered” and narrows down to 6 metres in width within 3 metres of the front property line, as required by 307R b) (ii) and illustrated in Figure 4 below. Staff is of the opinion that this regulationwill ensure that the parking area will not dominate the streetscape. Assuch, staff is satisfied that the requested variance meets the general intent of the Zoning By-law. Figure 4: Proposed Driveway Layout Is the Variance Minor? The requested decrease in rear yard setback and increase of the garage and driveway width can be considered minor, being only 0.19 metres and 0.65 metres, respectively – or 5.44% - different from what is required or permitted. Staff is of the opinionthe increase will not present any significant impacts to adjacent properties and the overall neighbourhood.Appropriate rear yard use continues to be accommodated and the parking facilitates will not dominate the site or the surrounding streetscape. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land. The rear yard setback reduction and garage width and driveway width increase will not negatively impact the character of the subject property or surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed variance. A revision to the original application will be required. Please contact the Building Division @ 519-741-2433 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 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: This single detached dwelling is being constructed as part of Phase 2 of Registered Plan 58M-512. 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.