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HomeMy WebLinkAboutDSD-2022-050 - A 2022-010 - 129 Max Becker 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: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: January 7, 2022 REPORT NO.: DSD-2022-050 SUBJECT: Minor Variance Application A2022-010 129 Max Becker Drive Owner Applicant Catalyst General Contracting, C/O Grant Tamane RECOMMENDATION: That application A2022-010 for 129 Max Becker Drive, requesting relief from Section 38.2.1 of Zoning By-law 85-1 to allow for a proposed 1 storey addition to have a rear yard setback of 5.97 metres whereas 7.5 metres is required, be approved subject to the following conditions: 1. That the owner applies for a building permit prior to construction, to the satisfaction 2. That the condition be completed by January 18, 2023. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to facilitate the construction of a one-storey, rear yard addition. Relief is required to permit the rear yard setback to be 5.97 metres rather than the required 7.5 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The subject property is located on the south side of Max Becker Drive, within the Laurentian West Planning Community. The surrounding area is characterized predominantly by low-rise residential uses in the form of single-detached housing, with some institutional and open space uses. Currently the subject property is developed with a two-storey, single detached dwelling. The property is designated as Low Rise Residential d as a Community Area Map. It is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1 with Special Regulation Provision 286R, which permits affected lands with single detached dwellings to have a minimum lot width of 9.14 metres. At present the property is not subject to Zoning By-law 2019-051. The applicant is proposing to construct a one storey addition in the rear yard, to use as a sunroom. To facilitate this development, the applicant is seeking relief to allow for a 5.97 metre rear yard setback, rather than the required 7.5 metres. City planning staff conducted a site inspection of the property on January 4, 2022. Figure 2: Front Elevation View of Subject Dwelling for Context Figure 3: Rear Yard of Subject Property 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 -Rise Residential land use designation is to permit a variety of low-density residential uses. The proposed sunroom will be a part of the existing single detached dwelling, which is a permitted housing form within this designation. Also within the Low-Rise Residential designation, emphasis is placed on compatibility of built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent buildings, streets, and exterior areas. The proposed addition will not significantly alter the existing mass and scale of the dwelling, being only 34.3 square metres in size. Further, due to its location in the rear yard the addition will not be visible from the street and have no impact on the streetscape. As the low-density residential use and characteristics of the property will be maintained, planning staff is of the opinion that the requested variance to facilitate the proposed sunroom is appropriate and maintains the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metre rear yard setback is to ensure that there is adequate amenity space on site, as well as sufficient separation between adjacent buildings. The proposed reduction in rear yard setback still permits for usable outdoor space, particularly as the rear of the lot is wider than the front. In addition, sunrooms are generally designed in a fashion so that users can enjoy the outdoors. Regarding separation, the distance between the proposed addition and the abutting rear single detached dwelling also remains sufficient to maintain privacy and buffering, particularly as the sunroom is to be 1 storey in height and there is a privacy fence between the two properties. As such, staff is satisfied that the requested variance meets the general intent of the Zoning By-law. Figure 4: Site Sketch of Proposed Addition Is the Variance Minor? The requested decrease in rear yard setback can be considered minor, being only a 1.53 difference from what is required. Staff is of the opinion that the requested variance will not present any significant impacts to adjacent properties or the overall neighbourhood. Appropriate rear yard use and separation distance between abutting buildings continues to be accommodated. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land. The rear yard setback reduction will not negatively impact the character of the subject property, as the proposed sunroom is part of a residential use and still provides sufficient outdoor amenity space. There are no anticipated negative impacts to the character of the surrounding area as well, as appropriate separation is maintained between the single detached dwelling on the subject land and adjacent dwellings and the proposed addition will not be visible from the street. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the sunroom addition is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage concerns associated with this application. Engineering Comments: Engineering has no comments. Environmental Planning Comments: There are no natural heritage or tree management concerns associated with this application. Region of Waterloo Comments: The Region of Waterloo has no concerns with the application. 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 signed 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. 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.