HomeMy WebLinkAboutDSD-2023-310 - A 2023-076 - 912 Otterbein CourtStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: July 5, 2023
REPORT NO.: DSD -2023-310
SUBJECT: Minor Variance Application A2023-076 — 912 Otterbein Court
RECOMMENDATION:
That Minor Variance Application A2023-076 for 912 Otterbein Court requesting relief from
Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a rear yard setback of 3 metres
instead of the minimum required rear yard setback of 7.5 metres to facilitate the construction
of an attached covered, unenclosed structure in the rear yard of an existing single detached
dwelling, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to permit the construction of
an attached covered, unenclosed structure in the rear yard.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is in the Grand River North neighbourhood located adjacent to the Blue Springs
Woods on Otterbein Court. The subject property is identified as `Community Areas' on Map 2 —
Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014
Official Plan. The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-
051.
City staff has conducted a site visit on June 301h, 2023.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 41 of 230
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Figure 1: Site location and map
Figure 2: Front view of the dwelling
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Figure 3: Covered structure location shown on site plan
Page 42 of 230
Figure 4: Elevation view of the covered structure
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
Staff is of the opinion that the unenclosed, covered structure meets the general intent of the Official
Plan. The subject property is designated `Low Rise Residential' in the City's Official Plan. The intent
of this designation is to emphasize the compatibility of building form with respect to massing, scale
and design in order to support the successful integration of different building types. It also places
emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas.
General Intent of the Zoning By-law
The intent of the rear yard setback is to ensure adequate separation from adjacent properties and
to ensure there is appropriate amenity space for residence. Since the rear yard is adjacent to the
Blue Springs Woods, staff does not have concerns for in adequate space for other residential
properties. The unenclosed, covered structure will support the amenity area on site for the residents.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variance is minor as the reduced rear yard does not have
any significant impacts to adjacent properties or the overall neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
Staff is of the opinion that the variance is appropriate for the development of the land as it is located
in the rear yard, away from public view and increases the enjoyment of the residential property.
Page 43 of 230
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit for the new
roof structure is obtained prior to construction. Please contact the Building Division at
building(o-)-kitchener.ca with any questions.
Engineering Division Comments:
No comment.
Parks/Operations Division Comments:
No concerns, no comments.
Transportation Planning Comments:
No concerns.
GRCA Comments:
We have no concerns with the unenclosed structure. We'd request that the applicant ensures that
drainage (i.e., eaves and down spots) is directed away from rear retaining wall to prevent impacts to
the wall and/or wetland. A GRCA permit is not required for the structure.
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.
CONSULT — If applicable.
COLLABORATE — If applicable.
ENTRUST — If applicable.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
Page 44 of 230
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 45 of 230
Region of Waterloo
June 30, 2023
/_1IROTi1Wer
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener,
ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) 08 WEBER KIT, 15 DELLROY AVENUE
2296342 ONTARIO INCORPORATED
(12) VAR KIT, 30 AND 40 MARGARET
AVENUE ACTIVA HOLDINGS
Subject: Committee of Adjustment Meeting July 18, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 076 — 912 Otterbein Court — No Concerns.
2) A 2023 - 077 — 176 Indian Road — No Concerns.
3) A 2023 - 078 — 35 Fifth Avenue — There are no conditions for this application.
However, the owners are advised that the proposed and existing dwelling(s) on
the subject lands would have impacts from the transportation noise in the vicinity.
The owners are responsible for ensuring that the subject development does not
have any environmental noise impacts. In the absence of a detailed noise study,
the staff strongly recommend that all dwelling units be installed with air -ducted
heating and ventilation system, suitably sized and designed for the provision of
central air conditioning. This will avoid retrofit at any later application stage, e.g.
Consent/Condo.
There are no airport -specific concerns for the proposed development. However,
the owners are advised that the subject lands are located within the Airport
Zoning Regulated area and specifically under the runway take-off/approach
surface; and, as such, subject to all provisions of the Airport Zoning Regulations.
4) A 2023 - 079 — 55 Rockcliffe Drive — No Concerns.
Document Number: 4421509
Page 1 of 3
Page 46 of 230
5) A 2023 — 080 — 15 Dellroy Avenue — The Regional staff do not support this
minor variance application. Any structures within the Daylight Triangle (DLT)
and any encroachment under, at or above the ground within the Regional right of
way, including the daylight triangle (including the lands to be dedicated to the
Region), will not be allowed. The buildings and the site must be designed
accordingly.
Airport Zoning (Advisory):
The owners/applicants are also advised that the subject property falls within the
Region of Waterloo Zoning Regulated Area, specifically under the Take-
off/Approach Surface for Runway 08. Using the Region of Waterloo International
Airport Zoning Regulations (AZR) online tool
(https://www.waterlooairport.ca/en/about-vkf/airport-zoning-regulations-
update.aspx), the permitted building height for the subject property is 399.5m
Above Sea Level (ASL), the maximum building height is 75.5m based on a
maximum ground level of 324m ASL. Please ensure that the building heights for
the proposed development comply with the Region of Waterloo Airport zoning and
height restrictions. The Region of Waterloo International Airport AZR also
regulates any construction of towers/cranes for a proposed development. Any
proposed development at this location must ensure that construction
towers/cranes also comply with the Region of Waterloo International AZR.
6) A 2023 - 081 — 333 Pine Valley Drive — No Concerns.
7) A 2023 - 082 — 685 Frederick Street — No Concerns.
8) A 2023 - 083 — 15 Kenora Drive— No concerns/conditions for this application. Staff
note that the subject lands are located within the Airport Zoning Regulated area
and specifically under the runway take-off/approach surface; and, as such,
subject to all provisions of the Airport Zoning Regulations.
9) A 2023 - 084 — 151 Frederick Street — There are no conditions for this application.
However, the applicants are advised that they are responsible for ensuring that
the proposed development does not have any environmental noise impacts (both
on-site and off-site).
10) A 2023 - 085 — 920 Keewatin Place — No Concerns.
11) A 2023 — 086 — 59 Graber Place — Although there are no conditions for this
application, the staff note that there are noise -sensitive land uses, specifically the
backyards of many residential dwellings, in the immediate vicinity of the subject
lands, which may have impacts from the noise from the proposed storage related
activities. The staff recommend that the City staff look into this as deemed
appropriate.
2
Page 47 of 230
12) A 2023 — 087 — 30-40 Margaret Avenue — 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
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA(a)Kitchener. ca
3
Page 48 of 230
June 26, 2023
Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
CofA(a)kitchener.ca
Re: Minor Variance Application A2023-076
912 Otterbein Court, Kitchener
Stan & Sharon Pilecki
Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
application for a covered unenclosed structure.
Recommendation
The GRCA has no concerns with the application.
Documents Reviewed by Staff
Staff have reviewed the drawings (Hickory Dickory Decks, revised May 5, 2023)
submitted with this application.
GRCA Comments
The GRCA has reviewed this application under Ontario Regulation 686/21, acting on
behalf of the Province regarding natural hazards identified in Section 3.1 of the
Provincial Policy Statement (PPS, 2020), as well as in accordance with Ontario
Regulation 150/06 and GRCA's Board approved policies.
Information currently available at our office indicates that the subject lands are adjacent
to a wetland.
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 49 of 230
We have no concerns with the unenclosed structure. We'd request that the applicant
ensures that drainage (i.e. eaves and downspots) is directed away from the rear
retaining wall to prevent impacts to the wall and/or the wetland.
A GRCA permit is not required for the structure.
This will be considered a `minor' minor variance application. Consistent with GRCA's
2023 approved fee schedule, we will invoice the applicant $300 for our review.
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2763 ext. 2292 or
theywood(a)grand river. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Encl. Resource Mapping
cc: Shawntanna Atkinson, Hickory Dickory Decks
Page 2 of 2
Page 50 of 230
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