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Home My WebLink AboutDSD-2022-429 - A 2022-105 - 6 Tweedsmuir Court Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 20, 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 2 DATE OF REPORT: September 9, 2022 REPORT NO.: DSD-2022-429 SUBJECT: Minor Variance Application A2022-105 - 6 Tweedsmuir Court Owner: Michelle Weigel Agent: Rache RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-105 for 6 Tweedsmuir Court requesting relief from Section 5.5 b) of Zoning By-law 85-1, to permit an accessory structure to have a maximum height of 3.7 metres to the underside of the fascia instead of the maximum permitted 3 metres, to facilitate the construction of a pavilion in the rear yard of the subject property, generally in accordance with drawings prepared by Witzel Dyce Engineering Inc., dated July 2022, BE APPROVED. Zoning By-law 2019-051 A. That Minor Variance Application A2022-105 for 6 Tweedsmuir Court requesting relief from Section 4.1 d) of Zoning By-law 2019-051, to permit an accessory structure to have a maximum height of 3.7 metres to the underside of the fascia instead of the maximum permitted 3 metres, to facilitate the construction of a pavilion in the rear yard of the subject property, generally in accordance with drawings prepared by Witzel Dyce Engineering Inc., dated July 2022, 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. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a pavilion in the rear yard of the subject property. The key finding of this report is that the requested minor variance meets the 4 tests of the Planning Act. There are no financial implications. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map of 6 Tweedsmuir Court (subject property). BACKGROUND: The subject property is located West of Tweedsmuir Court, near the intersection of Tweedsmuir Court and Roehampton Court. The rear yard contains some various vegetation and landscaping. The area is predominately a low-rise low-density residential neighborhood. The subject property is Community Area Urban Structure and is designated Low Rise Residential Residential Three Zone (R-3-law 85-1 Residential Two Zone (RES--law 2019-051, which is currently under appeal. The purpose of the subject minor variance application is to facilitate the development and construction of a pavilion in the rear yard of the subject property. Specifically, the variance is as follows: to permit an accessory structure to have a maximum height of 3.7 metres to the underside of the fascia instead of the maximum permitted 3 metres, to facilitate the construction of a pavilion in the rear yard Planning staff conducted a site inspection on August 30, 2022. Site visit photo of 6 Tweedsmuir Court (subject property). Photo provided by applicant showing rear yard location of proposed pavilion. Site Plan submitted with application showing the reduced rear yard setback from the underside of the proposed pavilion fascia. 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 -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 property currently contains a single detached dwelling, and a rear yard deck, with a proposed pool and hot tub. The proposed pavilion is a compatible and desirable addition to a residential property. The pavilion structure is intended to be as open and inviting as possible, which will be made possible through the variance of increased fascia height, supporting and complimenting the amenity area of the residential use. Therefore, it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the regulation that requires 3.0 metres for the height of a pavilion or such structure is to ensure that the structure is not overpowering the amenity space, or negatively impacting . The proposed 3.7 metre height will still ensure that the pavilion structure functions appropriately on this lot, while elevating amenity space, and not overpowering the landscape and characteristics of the neighbourhood. Staff are of the opinion that the proposed increase in the fascia height of the pavilion will not visually impact neighbouring lots. Therefore, staff are of the opinion that the requested variance for increase in the proposed pavilion heightmeets the general intent of Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variance can be considered minor since it is not anticipated to cause unacceptably adverse impacts on adjacent properties. The variance will allow for an increased accessory structure height to ensure an appropriate placement and amenity space is available for proposed pavilion and pool area, which will be compatible with the existing residential use of the property and will not negatively impact the neighbouring lot. Appropriate rear yard and side yard access continues to be accommodated and the separation to the adjacent dwelling remains sufficient based on the site plan provided. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance to permit an increase in pavilion height will ensure and allow for an open and inviting space for residents of the dwelling, while not obstructing the view of neighbouring lots. Further, the development and construction of this pavilion will ensure that the character of the neighbourhood and surrounding area will continue to be respected. There are no anticipated negative impacts as a result of the requested variance to the adjacent property or the surrounding area. Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance. Application has been made for the accessory structure and it is 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 ebsite 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 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 Site Plans Submitted with Application August 30, 2022 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY (3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11, BLOCK 193) SCHLEGEL URBAN DEVELOPMENT CORP (10)/63, 10 AND 26 COLLEGE STREET NIMER BROTHERS DEVELOPMENT INCORPORATED (11) /VAR KIT, 132 WOOLWICH STREET GATTO HOMES INCORPORATED Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 104 369 Frederick Street No Concerns. 2) A 2022 - 105 6 Tweedsmuir Court No Concerns. 3) A 2022 - 106 175 Tartan Avenue No Concerns. 4) A 2022 - 107 133 Pine Martin Crescent No Concerns. 5) A 2022 - 108 23 Bosworth Crescent No Concerns. 6) A 2022 - 109 60 Crosswinds Drive No Concerns. 7) A 2022 - 110 6 Marianne Dorn Trail No Concerns. 8) A 2022 - 111 131 Pinedale Drive No Concerns. 9) A 2022 - 112 527 Wellington Street North No Concerns. 10) A 2022 - 113 10 College Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ tğŭĻ Њ ƚŅ Ћ 11) A 2022 - 114 132 Woolwich Street No Concerns. 12) A 2022 - 115 224 Jeffery Place No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 September 1, 2022 via email GRCA File:September 20,2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener th 200 King Street West, 6 Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting – September 20, 2022 Applications for Minor Variance A 2022-104 369 Frederick Street A 2022-105 6 Tweedsmuir Court A 2022-106 175 Tartan Avenue A 2022-107 133 Pine Martin Crescent A 2022-108 23 Bosworth Crescent A 2022-109 60 Crosswinds Drive A 2022-111 131 Pinedale Drive A 2022-112 527 Wellington Street North A 2022-113 10 College Street A 2022-114 132 Woolwich Street Applications for Consent B 2022-046 78-80 Old Chicopee Drive B 2022-047 124 Walker Street B 2022-048 7 Shaded Creek Drive B 2022-049 9 Shaded Creek Drive B 2022-050 11 Shaded Creek Drive B 2022-051 13 Shaded Creek Drive B 2022-052 15 Shaded Creek Drive B 2022-053 21 Shaded Creek Drive B 2022-054 23 Shaded Creek Drive B 2022-055 25 Shaded Creek Drive Application for Change of Conditions CC 2022-001 – 41 Ardelt Place Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. 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 meat jconroy@grandriver.ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. Resource Planning Technician Grand River Conservation Authority