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Home My WebLink AboutDSD-2021-188 - A 2021-099 - 111 Gay CresREPORT TO:Committee of Adjustment DATE OF MEETING:September 21, 2021 SUBMITTED BY:Bateman, Brian, Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Schneider,Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED:Ward 2 DATE OF REPORT:September 10, 2021 REPORT NO.:DSD-2021-188 SUBJECT:Minor Variance Application A2021-099 111 Gay Crescent Owner& Applicant-Jeff & Margaret Wilson RECOMMENDATION: That application A2021-099 requesting permission to construct an accessory building (shed) in the rear yard of an existing single detached dwelling with the accessory building having a proposed height to the underside of the fascia of 4.5m rather than the permitted maximum of 3 m beapproved, subject to the following condition: 1.That the owner submits a building permit application. REPORT HIGHLIGHTS: The applicant is proposing to construct a shed in the rear yard of an existing single detached dwelling. The proposed shed contains a portion of fascia that exceeds the3 metre maximum in the zoning by-law. Location Map:111 Gay Crescent BACKGROUND: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subject propertylocated at 111 Gay Crescentis designated asLow RiseResidential in the City’s Official Plan and identified as aCommunity Areaon the City’s Urban StructureMap. The property is zoned Residential Three Zone (R-3) in Zoning By-law 85-1. 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 1.Thesubject property is designated Low Rise Residential in the Official Plan.The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to increase the fascia height of an accessory building is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. 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 2.The intent of the regulation that requires a maximum of 3 metres in fascia height is to ensure that accessory buildings are subordinate to the primary structure (house). The applicant is proposing an accessory building with a unique design, that contains an additional fascia above another section of the building due to the atypical design. Both sides of the shed will have a fascia under 3 metres on the immediate outside building walls. Therefore,Staff is of the opinion that the requested variance meets thegeneral intent of the Zoning By-law. Is the Variance Appropriate? 3.Thesubject property hasa large backyard and adequate space and separation can be achieved. Further, the outside walls that would have the highest potential for impacts to neighbouring properties comply with the by-law as they would be under 3 metres in height. Is the Variance Minor? 4.Therequested variance represents asmall portion of the building and the proposal is not for a full section of wall of the building that is 4.5 metres tall. Staff is of the opinion that the requested variance can beconsidered minor. City Planning staff conducted a site inspection of the property on September 2, 2021. View of Existing Single Detached Dwelling (September 2, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the detached shed 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: No heritage concerns. EnvironmentalComments: 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 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: None. 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.