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Home My WebLink AboutDSD-2021-227 - A 2021-121 - 389 Robert Ferrie Drive REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Kelly-Ruetz, Richard, Planner (Policy), 519-741-2200 ext. 7110 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: November 4, 2021 REPORT NO.: DSD-2021-227 SUBJECT: Minor Variance Application A2021-121 389 Robert Ferrie Drive Owner Robert & Caley Spreitzer RECOMMENDATION: That minor variance application A2021-121 requesting relief from Section 5.6.1 of the Zoning By-law to permit steps in the side yard of an existing single detached dwelling to have a setback of 0.35 metres rather than the required 1.2 metres, be approved. Location Map: 389 Robert Ferrie Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject as a Community Area on the Urban Structure Map. The applicant has an existing deck in the rear yard and has constructed a new set of stairs to access the deck. Relief is requested from Section 5.6.1 of the Zoning By-law to permit steps to have a 0.35 metre setback for steps from an interior side lot line, whereas 0.75 metres is required. Location of Proposed Steps from Existing Deck The property is zoned Residential Four (R-4) in Zoning 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. 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 ncourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced side yard setback for steps 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 0.75 metre side yard setback is to ensure adequate access to the rear yard and maintenance of the stairs. The reduction in the interior side yard setback will have a minimal effect on rear yard access as the property is a corner lot and there is clear access from the frontage along Robert Ferrie Drive to the rear yard. Staff expects that the steps can be adequately maintained over the long-term with the proposed setback. No impacts to the neighbouring property are anticipated. Is the Variance Minor? The reduction of the side yard setback for steps is considered minor. Staff is of the opinion that the requested variance will not restrict access to the rear yard or inhibit maintenance of the proposed steps. No negative impacts are expected to 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 for steps will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on November 4, 2021 Robert Ferrie frontage of subject property, and steps leading to deck in side yard Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the deck stairs 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 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 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.