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Home My WebLink AboutDSD-2022-440 - A 2022-107 - 133 Pine Martin Crescent 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: Sheryl Rice Menezes, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 5 DATE OF REPORT: September 12, 2022 REPORT NO.: DSD-2022-440 SUBJECT: Minor Variance Application A2022-107 - 133 Pine Martin Crescent RECOMMENDATION: Zoning By-law 2019-051 That Minor Variance Application A2022-107 for 133 Pine Martin Crescent requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit a right side yard setback of 0 metres instead of the required 1.2 metres to facilitate the construction of a sunroom addition onto the rear of the existing single detached dwelling, generally in accordance with drawings prepared by Waymar, dated April 2022, BE APPROVED, subject to the following: That this 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 date of this decision. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application for a side yard variance to permit construction of a sunroom addition to a single detached dwelling. The key finding of this report is that the requested minor variance meets the four 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property is located on the south side of Pine Martin Crescent, south of Wilderness Drive and contains a single detached dwelling. The property is identified as Community Area on Map 2 Urban Structure and it is designated as Low Rise Residential on Map 3 The property is zone Residential Four Zone (R-4) in Zoning By-law 85-1 and Low Rise Residential Four Zone (RES-4) in Zoning By-law 2019-051, which is currently under appeal. The purpose of this application is to facilitate the construction of a sunroom onto the rear of the existing single detached dwelling which will maintain the same side yard setback as the existing dwellin--law 2019-051 does not permit new development to have a 0 metre setback from a side lot line. It is noted that the proposed addition meets the regulations under the R-4 zoning (By-law 85-1). Staff visited the site on September 1, 2022. REPORT: General Intent of the Official Plan The designation of Low Rise Residential emphasizes compatibility of building form with respect to massing, scale, and design in order to support the successful integration of different house types. It also places emphasis on the relationship of housing to adjacent buildings and streetscapes. The proposed variance conforms to the land use designation and it is the opinion of staff that the variance meets the general intent of the Official Plan. General Intent of the Zoning By-law It is noted that the proposed 0 metre side yard setback is permitted in Zoning By-law 85-1 which was the zoning by-law in effect when the subject area was established. It permits the building to be 0 metres from a side lot line provided maintenance easements and eave encroachments are provided on the abutting lands for the maintenance of walls, eaves and real property. These easements were established when the house was constructed, as shown on the survey below as Parts 94 and95, on Reference Plan 58R-10907.The easements extend beyond the rear wall of the dwelling façade where the proposed addition is to be located. Under Zoning By-law 2019-051, which is currently under appeal, there is no longer provisions for new buildings to be located 0 metres from the side lot line. However, as the proposed sunroom addition is in keeping with what is already established historically in the neighbourhood, staff are of the opinion that the intent of the Zoning By-law is met for this property and the abutting property. Is/Are the Effects of the Variance(s) Minor? As noted above, the proposed addition to a single detached dwelling meets the intent of the existing and proposed by-laws. Staff are of the opinion that this variance, to permit thesunroom additionto be constructed in line with the wall of the existing dwelling and maintaining the window opening at the rear, is minor. Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Buildings and/or Structure? The sunroom addition meets the regulations of Zoning By-law 85-1.The variance is to the newer By- law 2019-051. As the proposed addition is to extend into the rear yard in line with the existing main dwelling, the variance can be considered appropriate development for the lands. It is noted that the neighbours have written a letter of support for the variance to By-law 2019-51 and they have no concerns. Environmental Planning Comments: No natural heritage or Tree Management Policy concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Application has been made for the sunroom addition and is currently under review. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Engineering Division Comments: Engineering has no comment Parks/Operations Division Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery ofcore 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 t 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 that they may find a Lastly, a notice of the application was mailed to all property owners within 30 metres of the subject land. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan City of Kitchener Official Plan (2014) Zoning By-law 2019-051 Attachments: Drawings Prepared by Waymar, February 10, 2022. 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