The URL can be used to link to this page

Home My WebLink AboutDSD-18-023 - A 2018-043 - 51 Chestnut StStaff Report KiTCR Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 15, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Technical Assistant (Planning and Zoning) — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: May 4, 2018 REPORT #: DSD-18-023 SUBJECT: A2018-043 — 51 Chestnut Street Applicants — James Gough Approved with Conditions Location Map: 51 Chestnut Street RECOMMENDATION That minor variance application A2018-043 requesting relief from Section 5.6.1 a) to permit exterior stairs to have a side yard abutting a street setback of 0.392m whereas 3.Om is required; be approved with conditions. 1. A Building Permit is obtained from the City's Building Division for the exterior stairs by November 1, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 51 Chestnut Street is zoned Residential Five (R-5), 129U in the Zoning By-law 85-1 and designated Low Rise Conservation A in the Central Frederick Secondary Plan of the City's Official Plan. The applicant is proposing to build an exterior stairs for a duplex dwelling. Relief is being sought from Section 5.6.1a) of the Zoning By-law to allow the exterior stairs to have a side yard abutting a street setback of 0.392 metres rather than the required 3.0 metres. It should also be noted that the subject property has previously applied for a Committee of Adjustment decision (A2017-083) to legalize the existing setbacks of the dwelling and reduce the parking requirement, which has been approved by the Committee. City Planning staff conducted a site inspection of the property on April 26, 2018. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated Low Rise Conservation A in the Central Frederick Secondary Plan in the City's Official Plan. (Secondary plan policies of the 1994 Official Plan remain in effect as they were not changed as part of the 2014 Official Plan review). This designation permits low density forms of housing such as duplex dwellings. The proposed variance conforms to the designation as it is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. The requested minor variance for the exterior stairs to have a side yard abutting a street setback of 0.392 metres rather than the required 3.0 metres continues to meet the general intent of the Zoning By-law and can be considered minor. The general intent of the side yard abutting a street setback is so the stairs do not encroach into the public realm and negatively impact the surrounding neighbourhood. The property currently has an existing fence which will help enclose the stairs within the property. The stairs are also a requirement in order to meet the Ontario building code to provide a secondary exit for the duplex dwelling. The addition of the stairs will not adversely affect the subject property, and it is not anticipated that any negative impacts on the adjacent residential properties will result from the variance required. 3. Staff is of the opinion that requested variances are minor and the approval of the side yard abutting a street setback will not adversely affect the subject property nor will it interfere with the functionality of the surrounding neighbourhood. 4. The requested variance is appropriate for the development and use of the land. Staff is of the opinion that the variance will cause no negative impacts on the surrounding properties within the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the stairs. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. Although the subject property does not have formal heritage status (not designated or listed on the Municipal Heritage Register), the owner of the property municipally addressed as 51 Chestnut Street is advised that the property is located within the Central Frederick Neighbourhood CHL. The owner will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Note that the subject property is located within the Central Fredrick Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake, Senior Heritage & Policy Planner, by phone (519-741-2200 ext. 7839) or by email(michelle.drake(a)kitchener.ca). Tim Seyler, BES Juliane von Westerholt, MCIP, RPP Technical Assistant Senior Planner Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th 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: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 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 (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority.