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HomeMy WebLinkAboutDSD-18-029 - A 2018-049 - 268 Frederick StStaff Report 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: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 10 DATE OF REPORT: May 8, 2018 REPORT #: DSD -18-029 SUBJECT: A 2018-049 — 268 Frederick Street Applicant/Owner— Paul Bollenbach / 834220 Ontario Inc Approved with Conditions i Photo 1: Aerial of 268 Frederick Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. �xc RECOMMENDATION That application A 2018-049 requesting permission to construct an attached three -car garage with a rooftop amenity space on an existing commercial/residential dwelling having a rear yard setback of 4 metres rather than the required 7.5 metres; an easterly side yard setback of 0.77 metres rather than the required 1.2 metres; the required off-street parking spaces to be located 0.87 metres from Peguegnat Avenue rather than the required 6 metres; and, to have four of the required five off-street parking spaces for the office and dwelling unit to be located in tandem to the garage whereas the By-law does not permit tandem parking; and as amended to permit a parking lot not to provide for ingress and egress of vehicles to and from the street in a forward motion whereas it is required by the By-law; be approved subject to the conditions in Appendix W. REPORT Planning Comments: The property is zoned Commercial -Residential One (CR -1) in By-law 85-1 and is designated as Low Density Commercial Residential in the Central Frederick Secondary Plan of the 1994 Official Plan. Staff visited the site on May 8, 2018. It is noted that one additional variance exists in regards to the parking area. An area that contains four or more required parking spaces is defined as a `parking lot' and Section 6.1.2 b) requires a parking lot to provide for ingress and egress of vehicles to and from a street in a forward motion only. It is recommended by staff that this be amended as an additional variance. 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 proposed variances meet the general intent of the Official Plan. The Low Density Commercial - Residential designation is to provide for a range of residential and office uses which respect the traffic operations constraints of Frederick Street; and the scale, and use of the adjacent low rise, low density residential area. It also encourages the conservation and continuance of the existing character and quality of the area through improvement of existing architecture, and the development and replacement structures that are in keeping with the community's present scale of development. As well, the applicant has updated the proposed Site Plan to better illustrate the scale of the proposed development in regards to proposed pavement and adjacent sidewalk. A copy of the updated plan is attached. The proposed variances are required to replace an existing detached single car garage with an attached three -car garage. Although the garage is increasing in size, it is located in the rear yard over an area currently used for outdoor parking. There will be no increase in the number of vehicles using the site. The replacement garage will be reviewed in regards to architectural design through a condition that elevation drawings be reviewed and approved by Planning staff. This will ensure that the architecture is in keeping with the neighbourhood and meets the City's guidelines, such as REINS. Photo 2: View from Corner of Pequegnat and Frederick Streets The proposed variances meet the general intent of the Zoning By-law. The intent of the rear yard setback is to ensure that there will be sufficient outdoor amenity area for a dwelling unit. The proposed garage will have an outdoor amenity area on the roof. This rooftop area should have little impact on adjacent lands as the property the east has a parking lot located in the rear yard; and the property to the north has its sideyard located towards the proposed garage (see Photo 1). There will continue to be sufficient setback so as to not adversely impact the side yard of the neighbouring property. The intent of the 1.2 metre side yard setback is to ensure sufficient setback from neighbouring lands. The variance request to acknowledge a 0.77 metre side yard is for the original building that has existed since approximately 1890's and there have been no concerns in regards to the existing building setback. The proposed garage will meet the current side yard requirement of 1.2 metres. The intent of the 6 metre setback for a parking space is to ensure that vehicles do not dominate the streetscape. By regulating the required parking spaces to be setback 6 metres from the street line, this ensures vehicles are not visually impacting the streetscape. However, it is noted that the vehicles for the resident will be parked in the garage. As well, employees may park in the garage. Therefore generally vehicles parked in front of the garage will be for the clients of the insurance office and they will be parked there during office hours, and not 24 hours a day. This would lessen any impact on the streetscape. In addition, it is noted that currently there is pavement located at the side of the house where vehicles have been parking in the past. This does not comply with the Zoning By-law and staff is recommending that the non -complying pavement be removed as part of the Site Plan application condition to ensure that parking no longer occurs in the side yard. This condition, along with the newly developed parking area in the garage and driveway, will bring the parking area into compliance and provide for a better streetscape for the neighbourhood. The intent of not permitting tandem parking and to provide ingress and egress in a forward motion is to ensure that parking areas can function adequately for the people using the property; as well as providing good streetscape aesthetics. As noted above, the use of the property is for an office and one accessory dwelling unit which has existed as uses since the 1960's. The owner lives on site and operates the business and has control over the number of clients and employees that are at the site at any one time. The use has existed for some time and no concerns have been received to date. Photo 3: view of rear yard from Pequegnat Street The proposed variance is minor and is appropriate for the development of the property and streetscape. As noted above under the intent of the Zoning By-law, the proposed variances are for a business and dwelling unit that have existed for many decades with no concerns received to date; and all of the proposed variances will provide for an attached garage that will function and be appropriate for the streetscape. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in Appendix `A' of this report. Building Comments: No comments. Transportation Services Comments: Transportation Services can support the requested variance provide that the following are accommodated for the property: 1. Based on the plan submitted with the application, that parking spaces located in the garage are designated for employees and the residential parking space. 2. That the requested parking reduction applies only to this use (office and accessory dwelling unit). Engineering Comments: No comments. Heritage and Secondary Plan Comments: 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 serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner and the property municipally addressed as 268 Frederick Street is advised that the property is located within the Central Frederick Neighbourhood Heritage Conservation Landscape. The owner and the public will be consulted as the City considered 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 and Policy Planner for more information. Note that the subject property is located within the Central Frederick Secondary Plan. The City will be commencing a secondary plan review in the next 2-5 years. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake by phone (519-741-2200 ext. 7839) or by email(michelle.drake(a)kitchener.ca). The Residential Intensification in Established Neighbourhood Study (REINS) provides direction for redevelopment projects in established neighbourhoods. The study identifies several recommendations for garages including the location, size, and design of garages. In addition to the recommendations outlined in RIENS, as the subject property is located within the Central Frederick Neighbourhood CHL, the redevelopment should also reflect garages typical of the area. In the Central Frederick Neighbourhood, garages are located at the end of driveways and at the side or rear of the dwelling. The garages are designed to match the main fagade of the house, typically using brick. As such, elevation drawings will be required prior to approval to ensure that the proposed redevelopment reflects the recommendations of RIENS and the character of the Central Frederick Neighbourhood CHL. Region of Waterloo Comments: 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 Sheryl Rice Menezes, CPT Planning Technician (Zoning) Attachment: Update of Proposed Site Plan Juliane von Westerholt, MCIP, RPP Senior Planner APPENDIX A: MINOR VARIANCE CONDITIONS 1. That Site Plan approval for parking layout is obtained from the Planning Division; including removal of non -complying pavement at the side of the building; 2. That the owner submit elevations drawings to the Planning Division; 3. That the conditions noted above be completed no later than October 1, 2018; and, 4. That the owner acknowledge in writing that the dwelling unit be accessory to the business use and occupied only by the owner or staff. 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.