HomeMy WebLinkAboutDSD-2021-246 - A 2021-120 - 12 Hilda PlaceStaff Report
Dbvelo n7ent Services Department
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 14, 2021
www. kitchener ca
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning)
519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: December 6, 2021
REPORT NO.: DSD -2021-246
SUBJECT: Minor Variance Application A2021-120
12 Hilda Place
Owner — Sarah Popkey Michels
Agent — Joe Popkey
RECOMMENDATION:
That application A2021-120 requesting permission under By-law 85-1 to construct a deck and
stairs over an existing attached garage of a single detached dwelling on a lot that 1) does not
front on a public street, whereas the By-law does not permit building on a lot which does not
front a street; 2) the proposed stairs having a rear yard setback of 0 metres rather than the
required 0.75 metres; 3) the proposed deck having a side yard setback of 0 metres rather than
the required 1.2 metres; and, 4) a rear yard setback of 0 metres rather than the required 4
metres, be approved, subject to the following conditions:
1) That a Heritage Permit is approved,
2) That the Building Permit currently under review be revised to ensure that a privacy
screen/railing for the deck along the rear lot line be located a minimum of 0.15 m from
the rear wall of the garage, and that the privacy screen/railing is a minimum of 1.2
metres high along the side and rear lot lines (or as per any changes as approved by
the Heritage permit); and,
3) That the conditions noted above be completed by June 1, 2022. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate) prior to completion date set out in this decision. Failure to complete the
condition will result in this approval becoming null and void.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location Map
Following the publishing of the Notice of Hearing, it was noted that while the requested 0 metre
variance for the deck's rear yard setback was recorded correctly, the required setback was
incorrectly listed as 0.75 metre rather than 4 metre. Staff have reviewed the matter and found the
Notice to be adequate.
BACKGROUND:
The property is designated as Open Space in the City's Victoria Park Neighbourhood Secondary
Plan and identified as Major Transit Station Area on the City's Urban Structure Map.
The property is zoned as E-1 (Existing Use) 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
The subject property is designated as Open Space. The intent of the designation is to preserve natural
features and outdoor recreation and also designated for lands considered undevelopable because of
flood susceptibility.
The designation also permits legally existing development that was established prior to the zoning of E-
1 in 1994. The subject property is a legally established single detached dwelling which has a small lot
area. The owner wishes to provide the tenant with an outdoor amenity area above the existing attached
garage. The proposed outdoor area is to be located on an existing building rooftop and staff are of the
opinion that the intent of the Official Plan is met.
General Intent of the Zonina By-law
The intent of the regulation for a second floor deck to be located 1.2 metres from the side lot line and 4
metres from the rear yard is to ensure that the use of the deck does not negatively impact the
neighbourhood. It is noted that the existing homes on this street and nearby neighbourhood are located
close to the lot lines as they are older and the setbacks comply through the `Existing Use Clause'. The
current amenity areas of homes on the street are close to the neighbours and the proposed deck is no
more onerous than what exists along the streetscape of Hilda Place. Adding a deck to an existing one -
storey building provides the tenant with an outdoor amenity and staff are requesting a condition that a
minimum 1.2 metre privacy screen/railing along the side and rear lot lines to ensure privacy for the
neighbhourhood.
The intent of the regulation to have stairs to be located a minimum of 0.75 from the rear lot line is to
ensure that they can be maintained and do not negatively impact the neighbours. The proposed stairs
could be maintained from the interior rather than exterior side as the stairs are not proposed to be
adjacent to the building.
Staff are of the opinion that the intent of the by-law is being met.
Is the Variance Minor?
Staff have asked the applicant if the privacy screen of the deck could be setback 0.15 metres from the
rear wall of the garage. This setback will provide a visual break between the garage wall and the privacy
screen on the second floor. As well, Heritage and Planning staff have requested that the privacy screen
along the side and rear lot lines be a minimum of 1.2 metres high to provide better privacy for both the
user of the deck and the neighbours. The applicant was in agreement to these two requests as noted
above in the conditions. Therefore, with these conditions and the comments noted above under the
intent of the by-law being met, staff are of the opinion that the application is minor.
Is the Variance Appropriate?
As noted previously, increasing the privacy screen/railing height along the sides and rear of the
proposed deck to 1.2 metres will provide better privacy to the neighbourhood. As well, a minimum
0.15 metre setback for the privacy screen on the deck will provide some visual distance from the
rear lot line/fence so that deck is set back and not in line with the existing rear wall of the
shed/garage. Staff are of the opinion that the variances are appropriate.
k
View of garage and rear yard addition (from left side yard)
Building Comments: The Building Division has no objections to the proposed variance. Application
has been made for the deck over the garage 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: The subject property is located within the Victoria Park Area Heritage
Conservation District (VPAHCD) and designated under Part V of the Ontario Heritage Act. The
VPAHCD Plan contains guidelines for alterations within the district.
A Heritage Permit Application has been submitted, reviewed, and approved for the repair and
reconstruction of the accessory building, as well as for the proposed rooftop amenity area. Given
that the proposed minor variance is in keeping with the works proposed through the Heritage Permit
Application process, Heritage Planning staff has no concerns.
Engineering Comments: No comments.
Environmental Planning Comments: No concerns.
Grand River Conservation Authority: 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 on the 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.
Region of Waterloo
November 30, 2021
Kristen Hilborn
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(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.
Document Number: 3887462
Page 1 of 2
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(aMtchener.ca
KA
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Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
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�- Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
0
tion
PLAN
PLAN REVIEW REPORT: City of Kitchener
Sarah Goldrup
DATE: December 2, 2021 YOUR FILE: A2021-120
GRCA FILE: A2021-120 — 12 Hilda Place
RE: Application for Minor Variance A2021-120
12 Hilda Place, City of Kitchener
Sarah Popkey Michels
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted
minor variance application.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject property is
within the floodplain associated with Schneider Creek. This reach of floodplain has
been designated as a Two -Zone Floodplain Policy Area. A copy of our resource
mapping is attached.
2. Legislative/Policy Requirements and Implications:
It is our understanding that the applicant is requesting permission to construct a
deck and stairs over the existing garage. Multiple variances are required to facilitate
the proposed works. GRCA staff have no objections to the intent of the application
and we do not anticipate any impacts to the floodplain as a result of the proposed
works.
Due to the features noted above, the property is regulated by the GRCA under
Ontario Regulation 150/06 — Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation.
Any future development within the regulated area on the subject lands will require
the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit
process involves the submission of a permit application to this office, the review of
N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-120 - Pagel of 2
12 Hilda Place\A2021-120 - 12 Hilda Place - GRCA Comments.docx
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
the application by Authority staff and the subsequent approval/refusal of the permit
application by the GRCA.
As noted above, this reach of floodplain has been designated as a Two -Zone
Floodplain Policy Area. In designated Two -Zone Floodplain Policy Areas, the
floodplain contains two sections: the floodway and the flood fringe. The floodway is
the area of floodplain that is required to pass the flows of greatest depth and
velocity. Generally, no new development is permitted within the floodway. The flood
fringe lies between the floodway and the edge of the floodplain. Depths and
velocities of flooding in the flood fringe are much less than those in the floodway,
allowing for development to occur if certain criteria are met. The subject property is
located in the floodway.
Please be advised that any proposed development on the subject lands must
conform to the GRCA Two -Zone Floodplain Policies and the Two -Zone Floodplain
Policies outlined in the City of Kitchener Official Plan.
3. Plan Review Fees:
This application is considered a `minor' minor variance and in accordance with the
GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280.00. The
applicant will be invoiced in the amount of $280.00 under separate cover.
Should you have any questions or require further information, please do not hesitate to
contact me at 519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
cc: Sarah Popkey Michels (via email only)
Joe Popkey (via email only)
N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-120 - Page 2 of 2
12 Hilda Place\A2021-120 - 12 Hilda Place - GRCA Comments.docx
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