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Home My WebLink AboutDSD-2021-223 - A 2021-126 - 59 Frey Crescent REPORT TO: Committee of Adjustment th DATE OF MEETING: November 16, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 5 th DATE OF REPORT: November 4, 2021 REPORT NO.: DSD-2021-223 SUBJECT: Minor Variance Application A-2021-126 59 Frey Cres Owner Surinder Kumar Valecha and Vandita Valecha RECOMMENDATION: That minor variance application A2021-126 requesting permission to construct a deck in the rear yard of an existing single detached dwelling having a left (North) side yard setback of 1.14 metres where 1.2 metres is required, a right (South) side yard setback of 0.92 metres where 1.2 metres, and a rear yard setback of 3.72m where 7.5m is required, be approved, subject to the following conditions: 1) That the Owner applies for a building permit from the Building Division. Location Map: 59 Frey Cres *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: Community Areas in the Urban Structure Map. The property is zoned Residential Four (R-4) in the By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and building an attached covered deck at grade. 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. P 13, 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 housing to achieve a low-density neighbourhood. The requested variance to permit a reduced side yard and rear yard 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 setbacks and 7.5 metre rear yard setback is to ensure that the overlook into adjacent properties is minimal. Due to the location of the property, the rear yard abuts an open space on the West side of the property. The covered deck is less than 0.6 metres in height and is at grade level which will not raise privacy concerns. Staff is of the opinion that the reduction in setbacks meets the general intent of the Zoning By-law. Is the Variance Minor? The reduction of the side yard setback is considered minor. Staff is of the opinion that the requested variance will not overlook into adjacent properties 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 side yard 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 November 9, 2021 Street view of 59 Frey Cres Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the cover deck to a single detached dwelling and is currently under review. 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 the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find ebsite 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. November 01, 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) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 389 Robert Ferrie Drive No Concerns. 2) A 2021-122 256 Belmont Avenue West No Concerns. 3) A 2021-123 449 East Avenue No Concerns. 4) A 2021-124 184 Lakeside Drive No concerns. 5) A 2021-125 741 King Street West No Concerns. 6) A 2021-126 59 Frey Crescent No Concerns. 7) A 2021-127 1084 Union Street No Concerns. 8) A 2021-128 1333 Weber Street East No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 106 Belleview Avenue No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌБЏЌЎБЊ tğŭĻ Њ ƚŅ Ћ 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 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 November1, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re:Committee of Adjustment MeetingNovember 16, 2021 ______________________________________________________________________ Applications for Minor Variance A2021-11674Rutherford DriveA 2021-125741 King Street West A2021-11774Rutherford DriveA 2021-12659 Frey Crescent A 2021-121389 Robert Ferrie DriveA 2021-1271084 Union Street A 2021-122256 Belmont Avenue WestA 2021-1281333 Weber Street East A2021-123449East AvenueA 2021-129106 Belleview Avenue Application for Consent B2021-05474Rutherford Drive B 2021-05830 Third Avenue B 2021-059169 Fifth Avenue B 2021-06075 Tillsley Drive B 2021-061111 Schweitzer Street B 2021-06219-21 Wendy Crescent 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.