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Home My WebLink AboutDSD-2021-231 - A 2021-139 - 938 Strasburg Rd REPORT TO: Committee of Adjustment th DATE OF MEETING: December 14, 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 6 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD-2021- 231 SUBJECT: Minor Variance Application A2021-139 938 Strasburg Rd Owner Stefan Despotovic, Nedalina Despotovic & Vladan Despotovic RECOMMENDATION: That minor variance application A2021-139 requesting relief from Section 6.1.1.1 b) i) of the Zoning By-law 85-1 to convert the garage into a home business (personal services) having the required off-street parking space located 2.2m from the street line rather than the required 6m. 1) That the Owner applies for a Zoning Occupancy Certificate from the Planning Division Location Map: 938 Strasburg Rd. *** 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 Three (R-3) in the By-law 85-1. The applicant is converting the garage into a home business (personal services) and continue to have the use as a single detached dwelling. 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 places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested variance to legalize the off-street parking space 2.2 metres from the street lot line meets the general intent of the Zoning By-law. The intent of the regulation of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right- of-way and surrounding properties. The current driveway is approximately 5.4 metres wide and can fit two parking spaces side-by-side. Is the Variance Minor? The requested variance for parking is considered minor as it is the opinion of staff that the required parking space can be accommodated within the existing driveway in a safe manner. The requested setback is 3.8 metres less than the required 6 metres and will not present any significant impacts to adjacent properties or the overall 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. The requested variance is not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. rd City Planning staff conducted a site inspection of the property on December 3, 2021. Street view of 938 Strasburg Rd Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services can support a 2.2 metre parking setback from the required 6.0 metre parking setback, as noted within the application. Heritage Comments: No heritage planning concerns. Engineering Comments: Engineering has no comment. Operations Comments: No comments. Environmental Planning Comments: No natural heritage. 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 30, 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 (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC 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 2021-120 12 Hilda Place No Concerns. 2) A 2021-130 878 Frederick Street No concerns. 3) A 2021-131 95 Maitland Street No Concerns. 4) A 2021-132 26 Monteagle Crescent No Concerns. 5) A 2021-133 12 East Landsowne No Concerns. 6) A 2021-134 715 Frederick Street No Concerns. 7) A 2021-135 1572 Highland Road West No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌББАЍЏЋ tğŭĻ Њ ƚŅ Ћ 8) A 2021-136 888 Trillium Drive No Concerns. 9) A 2021-137 29 Hurst Avenue No Concerns. 10) A 2021-138 945 Victoria Street North No Concerns. 11) A 2021-139 938 Strasburg Road No Concerns. 12) A 2021-140 630 Benninger Road No Concerns. 13) A 2021-141 120 Benton Street No Concerns. 14) A 2021-142 47-63 Charles Street East No Concerns. 15) A 2021-143 75 Charles Street East No Concerns. 16) A 2021-144 86 Whitney Place (Retained) No Concerns. 17) A 2021-145 86 Whitney Place (Severed) 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 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: Sarah Goldrup CofA@Kitchener.ca 2 December 2, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting December 14, 2021 ______________________________________________________________________ Applications for Minor Variance A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive A 2021-130 878 Frederick Street A 2021-131 95 Maitland Street A 2021-132 26 Monteagle Crescent A 2021-133 12 East Lansdowne A 2021-134 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, 50 Eby Street A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, 50 Eby Street B 2021-069 86 Whitney Place 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. *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 2 the Grand River Conservation Authority. 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 2of 2 the Grand River Conservation Authority.