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HomeMy WebLinkAboutDSD-2022-338 - A 2022-084 to 088 - 26, 28, 32, 34 Pony WayStaff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Emily Clarkson, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-338 SUBJECT: Minor Variance Applications A2022-084 to 088 (inclusive) 26, 28, 30, 32 and 34 Pony Way Owner: David Freure, Freure Promontory Inc. Applicant: Nick Bogaert, MHBC Planning Ltd. RECOMMENDATION: Minor Variance Application A2022-084 — 26 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-084 for 26 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-084 for 26 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the required 4.0 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 189 of 276 Minor Variance Application A2022-085 — 28 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-085 for 28 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-085 for 28 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4.0 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Minor Variance Application A2022-086 — 30 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-086 for 30 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-086 for 30 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Page 190 of 276 Minor Variance Application A2022-087 — 32 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-087 for 32 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-087 for 32 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Minor Variance Application A2022-088 — 34 Pony Way Zoning By-law 85-1 A. That Minor Variance Application A2022-088 for 34 Pony Way requesting relief from Section 5.6A.4 c) of Zoning By-law 85-1, to permit a deck that is greater than 0.6 metres in height above grade, to be set back a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-088 for 34 Pony Way requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit an unenclosed deck that exceeds 0.6 metres in height above grade, to be located a minimum of 2.5 metres from the rear lot line, instead of the minimum required 4 metres to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD -2022-338), in accordance with Site Plan Application SP/18/062/H/KA, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Page 191 of 276 REPORT HIGHLIGHTS: • The purpose of this report is to review minor variance applications to facilitate the construction of rear decks onto the rear of street townhouse dwelling units under construction where individual patios at grade were originally proposed. • The key finding of this report is that the requested variances meet the 4 tests of the Planning Act. • There are no financial implications. • Community engagement included circulation of the application via mail and notification by way of the Record and signage placed on the property. • This report supports the delivery of core services. BACKGROUND: Location Map of 26, 28, 30, 32 and 34 Pony Way (Subject Properties) The subject properties are located north of Pony Way, close to the intersection of Pony Way and Roper Place, and the intersection of Pony Way and Shedrow Place. The subject properties will contain a two-storey building classified as a street townhouse dwelling unit under Zoning By-laws 85-1 and 2019-051. The properties also contain an attached garage accessed from Pony Way. The area is predominantly a low-rise low-density residential neighbourhood. The subject properties are identified as `Community Areas' on Map 2 — Urban Structure and are designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Residential Six Zone (R-6)', with Special Regulation Provision 698R in Zoning By-law 85-1, and `Low Rise Residential Five Zone (RES -5)', with Site -Specific Provision 315 in Zoning By-law 2019-051, which is currently under appeal. With regards to the purpose of the application, the applicant stated that their intent is to facilitate the construction of a deck in place of the previously identified patio for each of the units in question, a minor variance is required related to the rear yard setback. The lots have a shallower depth in recognition of the landscape buffer which was put in place to provide additional screening towards Page 192 of 276 760 Huron Road (located to the north). The 3.0 -metre buffer was brought into a common element block for the condominium, which resulted in a reduced depth for the lots in question. Due to the resulting grades, the decks are also required to be located greater than 0.6 metres above grade, resulting in the need for the variance. City Planning staff conduced a site inspection on June 24, 2022. 'tel Site Visit Photo of the Townhouse Block Page 193 of 276 Rear yard where proposed decks will be constructed. 3 SKETCH OF BLOCK 45 REGISTERED PLAN 58M-644 CITY OF KITCHENER !� REGIONAL MUNICIPAM OF WATERLOO Sc..ale 1:7517 1 t•—"}1 Stantec Geomotics Ltd. 4� �� N� ,ti 1i P .�oernw.aev nanr Mloo,lx,aw� � � ,�. i n�r�nlnl }rmq[GowwMLW.NSMC11Yrpp}iIB11W � .L� REGI "I I PLAN 5iM-644 BLACK .. 45 ea:A zf BE.r N lwa » uar u ua Ar 1111FF.—Jure iC .FJ,—JFJLre 11­111111 ri. �lA?.BA T,!—J 1lW 1.F.-3fTAA I.�—J4Y.N 14 I \ . ur-J4x.n ur-J46J3 ur. -J�a Bs ur -JIRJ3 ur -sAa.0 I 3 I Grapa F cbm � w F�— %"M1�ti I l I l�M1`I { n T . SII• 7R1 _-------�Sr——}� F —fir. — ` 'S � Y ` "i � '3 'rh i� ON WA Y NOTES i. o+le;errweee 1. aal ,,. wer,=ice rct+wae}_u Nu�Yw[v 8 ".7[FItx FRBPnkFd FDR; iP#IKE NLMJ� �FAOPQSBO 9�Y[ANG3llvT1:JN@lY CI1fWAWNN6t BY.FGtLL�L54RVF'. SIN»o7rwres.xoNzeoeewl�a 5lantec GeomaHcs M. .IwP,PPI ❑BNC+R UB+�xG RNx ECEWfAOM � -.. Stantec Olrinr.CfS+ O Gi;016w61£t {NL�JMN QV tlwi M1eN 6pf IN+ti4TBF5 P.ia6 C+3'NVFsrEP 19 F3:F BY [HNpINc By 6.:XNB G GN6F 1 Survey Plan of the Cluster Townhouse and setback reduction. Page 194 of 276 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 The intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. Within this 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 lands are currently being developed with a block of 2 storey street -fronting townhouses, Rear yard decks are a common amenity area and are permitted subject to zoning requirements. Therefore, it is the opinion of staff that the requested variance, to permit a reduced, but still appropriate, rear yard setback, meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent and purpose of the by-law requirement for a deck that is greater than 0.6 metres in height to be a minimum setback of 4.0 metres ensures an appropriate amount of softscape rear yard amenity area and maintaining privacy between adjacent properties. With regards to Special Regulation Provision 698R and Site -Specific Provision 315, the townhouse dwellings on the subject properties require a minimum setback of 7.5 metres from the property addressed 760 Huron Road. The townhouse dwellings are actually located 8.5 metres from the rear lot line of 760 Huron Road. If the 3 -metre buffer were to be included in the calculation of the setback for the deck, the deck would be located 5.5 metres from the rear lot line and would exceed the 4 -metre required setback. Additionally, there is intent to retain the existing trees and install new plantings and construct a 1.8 metre (6 foot) fence along the property line with 760 Huron Road, ensuring an appropriate buffer is maintained between the adjacent properties. Therefore, it is the opinion of staff that the requested variances, to permit a reduced rear yard setback for a rear deck, meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variances can be considered minor as they are not anticipated to cause unacceptably adverse impacts on adjacent properties. The variances will allow for the construction of slightly raised decks attached to the rear of the townhouse dwellings which are compatible with the existing residential use of the properties and will not negatively impact neighbouring lots. The decks will be located 5.5 metres from the property line with 760 Huron Road and with the landscape buffer, plantings, and visual barrier (1.8 metre high fence), it is staff's opinion that the effects of the variances will be minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances to facilitate the construction of rear decks, with level access to the patio door at the rear of the townhouse dwelling units, instead of the originally planned patios at grade, are desirable and appropriate. The proposed decks will be located 5.5 metres from the property line with 760 Huron Road and with the 3 metre planned buffer, there will be minimum impacts to the adjacent property. The requested variances to allow a reduced rear yard setback to facilitate a deck instead of a patio are desirable and appropriate. Page 195 of 276 1 CULTIS OCCIDENTALIS 22 THUJA OCCIDENTALIS 'NIG 1 QUERCUS RUBRA 1 CELTISOCC FOR BUFFER PLANTING DETAILS EXISTING TREES TO REMAIN —ZA REFER Til TMP DRWAINOS BY STANTEC TYP, ale ss '-.qT --�- REFER 0 DETAIL 15;1-3 FOR �PLANTIIdG DETAIL �-z r�rmmk Page 196 of 276 Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variances. Applications have been made for building permits for dwellings and decks and are currently under review. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: No comments. 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: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 ATTACHMENTS: Attachment A — Plans included with Application Form Page 197 of 276 a MIN EE z W 9111 yp m W {} a [3 N � c I � 1g3y $S� •iQ� 4 g uy E E EW �A W a u9 J S5 ate, _ NM w P C -i :L !R Qi m -cd w U) w "C OL co ti Q LA #r w o ua m r -v J. d; 17 - �1 d• yrs a. 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