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HomeMy WebLinkAboutDSD-2024-284 - 59 Cartier Drive - A 2024-046 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 18, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: June 4, 2024 REPORT NO.: DSD-2024-284 SUBJECT: Minor Variance Application A2024-046 59 Cartier Drive RECOMMENDATION: That Minor Variance Application A2024-046 for 59 Cartier Drive requesting relief from Section 7.3, Table 7-3, of Zoning By-law 2019-051 to permit an interior side yard setback of 0.6 metres instead of the minimum required 1.2 metres to facilitate the construction of a one (1) storey addition at the rear of an existing semi-detached duplex dwelling, generally in accordance with drawings prepared by AFJ Building Design Inc., dated March 14, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of an addition at the rear of a semi-detached duplex dwelling. The key finding of this report is that the requested variance meets the 4 tests of the Planning Act. There are no financial implications. Community engagement included notice signs 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 rep Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located is located on the west side of Cartier Drive near the intersection of Laurentian Drive and Cartier Drive. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map Urban Structure and is Plan. --law 2019- 051. The purpose of the application is to permit the construction of a one (1) storey addition at the rear of an existing semi-detached duplex which will replace an existing sunroom. Figure 2: View of Existing Semi-Detached Dwelling (May 30, 2024). Figure 3: View of Existing Sunroom (May 30, 2024). Figure 4: Concept Plan. 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 mixing and integrating of different forms of housing to achieve and maintain a low rise built form. Housing policies in the Official Plan encourage the retention and rehabilitation of older housing to maintain existing housing stock. Planning Staff are of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires a 1.2 metre side yard setback for a semi- detached dwelling (that is not a common wall) is to ensure that there is adequate access and separation from adjacent lands. Staff note that an existing sunroom in a similar location exists today and adequate access to the rear of property is provide on the opposite (northerly) interior side yard. In the opinion of Staff, the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposal intends to replace an existing sunroom in the same location with an addition to the semi-detached dwelling with new year-round habitable space. Staff do not expect adverse impacts or effects as the location of built form is not changing as part of the requested variance. Staff are of the opinion that the effects of the requested variance will be minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The use of the land as a semi-detached dwelling is not proposed to change. The location and scale of built form is also not proposed to change. The variance is desirable and appropriate as it will facilitate the construction of a rear yard addition in a similar location to the existing sunroom. Environmental Planning Comments: No Environmental Planning concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. An application for Building Permit has been made for the addition to the semi-detached dwelling. Engineering Division Comments: No Engineering comments. Parks/Operations Division Comments: No Parks/Operations comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. 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 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 inform 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 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 May 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 044 160 Webster Road No concerns. 2) A 2024 - 045 3 Ivy Lane Court No concerns. 3) A 2024 - 046 59 Cartier Drive No concerns. 4) A 2024 - 047 948 Chapel Hil Court No concerns. 5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 049 174 Wellington Street North There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. 7) A 2024 - 050 51 Charles Street East No concerns. 8) A 2024 - 051 75 Charles Street East No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca Katrina Fluit, Region of Waterloo FYI only. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 2 June3, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting June 18, 2024 Applications for Minor Variance A 2024-044160 Webster Road A 2024-0453 Ivy Lane Court A 2024-04659 Cartier Drive A 2024-047948 Chapel Hill Court A 2024-048101 Breckenridge Drive A 2024-049174 Wellington Street North A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South Applicationsfor Consent B 2024-010578 Guelph Street B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South 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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority