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Home My WebLink AboutDSD-2021-209 - A 2021-108 - 102 Fenwick Ct.REPORT TO:Committee of Adjustment th DATE OF MEETING:October 19 , 2021 SUBMITTED BY:Bateman,Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY:Zhang,Tara,Technical Assistant519-741-2200 ext. 7760 WARD(S) INVOLVED:Ward 8 th DATE OF REPORT:October 8, 2021 REPORT NO.:DSD-2021-209 SUBJECT:Minor Variance Application A2021-108 102 Fenwick Court Owner –Julie Diane Legg and Taylor Robert James Macgregor RECOMMENDATION: That minor variance application A2021-108 requesting permission to constructadeck in the rear yard of an existing single detached dwelling having a side yardsetback of 0.43metres rather than the required 1.2metres, be approved, subject to the following conditions: 1)That the Owner applies for abuilding permit from the Building Division. 2)Thatdue to the proximityof tree(s) in shared ownership, the Owner shall prepare a Tree Preservation Plan for the 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 demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area, and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Planning. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map:102 Fenwick Crt BACKGROUND: The property is designated as Low Rise Residential in the City’s Official Plan and identified as Community Areas in the Urban Structure Map. The property is zoned Residential Three (R-4) in the By-law 85-1. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The requested variance meets the general intent of the Official Plan.The subject property is designated Low Rise Residential in the City’s Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced sideyard setback 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. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure adequate access to the rear yard. The variance is only requested for the northside yard setback, while the southside yard setback will still meet the 1.2 metre setback required. The reduction in thenorthside yard setback will have a minimal effect as access to the rear yard is maintained through thesouthside yard.No impacts to the neighbouring property are anticipated. Is the Variance Minor? The reduction of the sideyard setback is considered minor. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced sideyard setback and will not negatively impact the character of the subject property or surrounding neighbourhood. th City Planning staff conducted a site inspection of the property on October 7 , 2021 Street view of Subject Property Building Comments:The Building Division has no objections to the proposed variance. Application has been made to for the deck garage to the single detached dwelling. Transportation Comments:Transportation Services does not have any concerns with the proposed application. Heritage Comments:No heritage planning concerns. Engineering Comments:No concerns. Operations Comments:No concerns. Environmental Planning Comments:No 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 Committee of Adjustment meeting. A notice sign was placed onthe 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: There are no previous reports/authorities related to this matter. October 07, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 25 Courtland Avenue East No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly re manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.0m approximately would be required on 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌБЍЍЌЉВ tğŭĻ Њ ƚŅ Ќ any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 37 Highland Road West The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.0m approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 26-28 Ellen Street West No concerns. 4) A 2021-108 102 Fenwick Court No Concerns. 5) A 2021-109 388 King Street East No Concerns. 6) A 2021-110 125 Seabrook Drive No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 52 Anvil Street No Concerns. 8) A 2021-112 135 Wellington Street North No Concerns. 9) A 2021-113 1421 Victoria Street North No Concerns. 10) A 2021-114 75 Louisa Street No Concerns. 11) A 2021-115 79 Louisa Street No Concerns. 12) A 2021-116 74 Rutherford Drive (Retained) No Concerns. 13) A 2021-117 74 Rutherford Drive (Severed) No Concerns. 14) A 2021-118 134 Woolwich Street No Concerns. 15) A 2021-119 300 Bridge Street East 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 2 Charges for these developments prior to the issuance of a building permit. The comments contained in this letter 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 3 October 8, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re:October 19,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-10525 Courtland Avenue EastA 2021-11152 Anvil Street A 2021-10637 Highland Road WestA 2021-112135 Wellington Street North A 2021-10726-28 Ellen Street WestA 2021-11475 Louisa Street A 2021-108102 Fenwick CourtA 2021-11579 Louisa Street A 2021-109388 King Street EastA 2021-11674 Rutherford Drive A 2021-110125 Seabrook DriveA2021-11774 Rutherford Drive Application for Consent B 2021-04451 Nelson AvenueB 2021-050441 East Avenue B 2021-04535 Coral Crescent B 2021-051945 Victoria StreetNorth B 2021-04674 Admiral RoadB 2021-052961 Victoria StreetNorth B 2021-04781 Fifth AvenueB 2021-05375 & 79 Louisa Street B 2021-048441 East AvenueB 2021-05474 Rutherford Drive B 2021-049441 East Avenue The above-noted applications are located outside the Grand River Conservation Authority areasof 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.