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Home My WebLink AboutDSD-2022-076 - A 2022-015 - 25 Brock St Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 15, 2022 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: 9 DATE OF REPORT: February 1, 2022 REPORT NO.: DSD-2022-076 SUBJECT: Minor Variance Application A2022-015 25 Brock St Owner Donald Shelton and Wendy Weinberg RECOMMENDATION: That application A2022-015 requesting relief from Section 39.2.1 of Zoning By-law 85-1 to allow a westerly side yard setback of 0.6 metres instead of the minimum required 1.2 metres to facilitate the construction of a 42.5 square metre addition at the rear of the existing single detached dwelling, be approved. Location Map: 25 Brock St *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low-Rise Conservation in the Victoria Park Neighbourhood Secondary Plan in 1994 Official Plan and identified as Community Areas on Map 2 - Urban Structure in the 2014 Official Plan. The property is zoned Residential Five Zone (R-5) in Zoning By-law 85-1. The applicant is proposing to construct a 1 storey addition at the rear yard of the existing 2 storey dwelling. The photo attached below shows the 1 storey addition with a building area of 42.5 square metres. General Intent of the Official Plan The intent of the Low-Rise Conservation designation is to retain the existing low rise, low density residential character of the neighbourhood. The existing two storey single detached dwelling is a permitted use in the designation and is consistent with the various housing forms in the area. The requested side yard variance of the one storey rear yard addition will not impact the character of the neighbourhood. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the side yard setback regulation is to ensure that the dwelling has sufficient separation from abutting properties and to provide for access to the rear yard. The existing dwelling has a right (easterly) side yard of 2.2 metres side yard setback to the existing covered porch to accommodate access to the rear yard and side yard of the house. The left (westerly) side of the dwelling has an existing setback of 0.65m. Currently, the Zoning By-law 85-1 requires the left (westerly) side yard to be 1.2 metres. However, as the existing dwelling was constructed prior to this requirement, it is considered legal and in compliance with Section 5.15 Existing Use Clause. As noted in the elevation drawings submitted with the minor variance application, there will be no windows on this side of the addition and therefore it should not negatively impact the property owners to the right (west). As the proposed addition is for a one storey extension on the existing two storey home, there are no concerns with impacting neighbouring property and the access to the rear yard. Based on the above, staff is of the opinion that the general intent of the zoning by-law is met. Is the Variance Minor? As noted above, the proposed addition and extension of the first floor to the rear of the dwelling, will not negatively impact the adjacent property and will maintain a sufficient access to the rear yard. The variance may be considered minor. Is the Variance Appropriate? The variance to allow a reduced side yard setback is desirable and appropriate as it allow the addition to be constructed in line with and maintain the same setback as the existing dwelling. Based on above comments, staff is of the opinion that as the proposed variance will not negatively impact the subject property nor the adjacent property and surrounding neighbourhood, the requested minor variance, to allow a reduced interior side yard setback, is appropriate. rd City Planning staff conducted a site inspection of the property on February 3, 2022. Subject Property: 25 Brock St Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached house is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: No concerns. Environmental Planning: No concerns due to nature of application. Heritage Planning: Heritage Planning staff has no concerns with this application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. Was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 25 Brock Street is located within the Victoria Park Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. 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 27, 2022 Sarah Goldrup City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) /BLOCK 129 30T 08204 TRUSSLER NORTH SUBDIVISION (7) /04 URBAN, 1768 OTTAWA STREET SOUTH REGION OF WATERLOO PUMP HOUSE Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 006 49 Lower Mercer Street No Concerns. 2) A 2022 - 011 43 Maurice Street No Concerns. 3) A 2022 - 012 158 Forest Creek Drive No Concerns. 4) A 2022 - 013 41 Moore Avenue No Concerns. 5) A 2022 - 014 21-39 Benninger Drive No Concerns. 6) A 2022 - 015 25 Brock Street No Concerns. 7) A 2022 - 016 1768 Ottawa Street South No Concerns. 8) A 2022 - 017 86 Cedar Street South No Concerns. 9) A 2022 - 018 81 Shanley Street (Severed) No Concerns. 10) A 2022 - 019 81 Shanley Street (Retained) No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЌАЎЎВ 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: Kristen Hilborn, City of Kitchener CofA@Kitchener.ca 2 February 2, 2022 Via email February 15, 2022 CofA Meeting Sarah Goldrup City of Kitchener 200 King Street West Kitchener, Ontario, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting – February 15, 2022 Applications for Minor Variance A 2022-003 53 Margaret Avenue A 2022-005 86 Chestnut Street A 2022-006 49 Lower Mercer Street A 2022-011 43 Maurice Street A 2022-012 158 Forest Creek Drive A 2022-013 41 Moore Avenue A 2022-014 21-39 Benninger Drive A 2022-015 25 Brock Street A 2022-016 1768 Ottawa Street South A 2022-017 86 Cedar Street South A 2022-018 81 Shanley Street (Severed) A 2022-019 81 Shanley Street (Retained) Applications for Consent B 2022-007 654 Rockway Drive B 2022-008 442 Old Chicopee Trail B 2022-009 114 Doon Valley Drive B 2022-010 113 Walter Street B 2022-011 44 Wilhelm Street B 2022-012 20 Breithaupt Street (Severed) B 2022-013 20 Breithaupt Street (Retained) B 2022-014 81 Shanley Street Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications for minor variance and consent. GRCA has no objection to the approval of the applications listedabove. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact the undersigned at jconroy@grandriver.ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. Resource Planning Technician Grand River Conservation Authority