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Home My WebLink AboutDSD-2022-022 - A 2022-004 - 470 Blair Creek Drive Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 18, 2022 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: January 7, 2022 REPORT NO.: DSD-2022-022 SUBJECT: Minor Variance Application A2022-004 - 470 Blair Creek Drive - Owner- Paramjit Singh & Baljinder Kaur Multani - Applicant- Marwan AL-Farraji, Alfa Engineering Solutions Inc. RECOMMENDATION: That application A2022-004 requesting permission to install stairs on the northerly side yard of the existing single detached dwelling having a side yard setback of 0.35m rather than the required 0.75m to support the conversion to a duplex dwelling with a separate entrance, be approved. REPORT HIGHLIGHTS: The applicant is seeking to convert the existing single detached dwelling to a duplex dwelling. The applicant is requesting permission to construct stairs for a side entrance with a side yard setback of 0.35 metres rather the required minimum side yard setback of 0.75 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 470 Blair Creek Drive BACKGROUND: The subject property located at 470 Blair Creek Drive is designated as Low Rise Residential in the a Community Area Structure Map. The property is zoned as Residential Four Zone (R-4) with Special Regulation Provisions 690R & 691R in Zoning By-law 85-1. The applicant has applied for a building permit to convert the property to a duplex dwelling. 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 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. This includes duplex dwellings. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a 0.75 metre side yard setback is to ensure adequate separation between buildings and to provide access to the rear yard. The subject property abuts a public pedestrian walkway that goes between Blair Creek Drive and a community trail within the hydro corridor. The proposed stairs are to be located between the building and the property line abutting the walkway. Therefore, Staff is of the opinion that adequate separation of the stairs between abutting buildings can be achieved as the walkway area is approximately 8 metres wide. With respect to rear yard access, Staff acknowledges that the opposite property line is 0.6 metres wide that provides adequate access. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed conversion to a duplex dwelling meets all other regulations such as parking and building setbacks. The set of stairs is not expected to have a negative impact on the surrounding neighbourhood. Therefore, Staff consider the requested variance to be appropriate. Is the Variance Minor? 4. The proposed stair setback represents a small decrease that is not expected to create adverse impacts to the aesthetics of functionality of the site. Therefore, the requested variance is considered minor. City Planning staff conducted a site inspection of the property on January 6, 2022. View of Side Yard abutting the Public Walkway (January 6, 2022) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the change of use and new opening is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning 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: None. January 05, 2022 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT 21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE ONTARIO INCORPORATED (2) /08 WEBER KIT, 82 WEBER STREET WEST INTER BUILDING INVESTMENTS LIMITED (7)/69, 110 MANITOU DRIVE SCOTT PATTERSON Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 001 85 Green Valley Drive No Concerns. 2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place No concerns. 3) A 2022 - 003 53 Margaret Avenue No Concerns. 4) A 2022 - 004 470 Blair Creek Drive No Concerns. 5) A 2022 - 005 86 Chestnut Street No Concerns. 6) A 2022 - 006 49 Lower Mercer Street No Concerns. 7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance. The owners are made aware that a dedicated road widening of approximately 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ tğŭĻ Њ ƚŅ Ћ 2.13m will be required along entire property frontage along Manitou Drive for any future development application e.g. a Site Plan/Consent application stage. 8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance. 9) A 2022 - 009 764 Stirling Avenue South No Concerns. 10) A 2022 - 010 129 Max Becker Drive No Concerns. 11) A 2022 - 011 43 Maurice Street 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 January 6, 2022 Sarah Goldrup Via email Committee Administrator City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting – January 18, 2022 ______________________________________________________________________ Applications for Minor Variance A 2022-001 85 Green Valley Drive A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place A 2022-003 53 Margaret Avenue A 2022-004 470 Blair Creek Drive A 2022-005 86 Chestnut Street A 2022-006 49 Lower Mercer Street A 2022-008 210 Waterloo Street A 2022-010 129 Max Becker Drive A 2022-011 43 Maurice Street Applications for Consent B 2022-001 26 Edgewood Drive B 2022-002 670 Fairway Road South B 2022-003 74 Rutherford Drive B 2022-004 to 006 32 Burgetz Avenue 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 jconroy@grandriver.ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. 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 1 of 1 the Grand River Conservation Authority.