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Home My WebLink AboutCSD-12-139 - Zone Change Demolition - 21 Birch AvenueStaffReport REPORT TO: Council DATE OF MEETING: October 1, 2012 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Garett Stevenson, Planner (519-741-3400 x 3158) WARD(S) INVOLVED: Ward 10 DATE OF REPORT: September 25, 2012 REPORT NO.: CSD-12-1.39 SUBJECT: ZONE CHANGE APPLICATION ZC12/008/B/GS & DEMOLITION CONTROL APPLICATION DC12/011/B/GS 21 BIRCH AVENUE. MARY & DRAGAN CIKIC RECOMMENTATION: For Information BACKGROUND: The City of Kitchener has received an application to change the zoning on the lands at 21 Birch Avenue from Residential Three (R-3) to Residential Four (R-4) to permit asemi-detached building. The Community Services Department has also received an application requesting the demolition of the single detached dwelling at 21 Birch Avenue. On September 17, 2012, Report CSD-12-114 was presented to Kitchener City Council outlining Planning staff's recommendation on Zone Change Application ZC12/008/B/GS and Demolition Control Application DC12/011/B/GS. Council requested additional information on the proposed semi-detached building and deferred making a decision until the next regular meeting of Kitchener City Council, being October 1, 2012. REPORT: Planning staff conducted a zoning analysis of ten dwellings on Birch Avenue which are located within the same block as the subject property. Based on scaled aerial photographs and original property surveys, the following information is provided as a reference only and is based on approximate measurements. 7(a)-1 Table 1: Existing Conditions -Zoning Analysis Address Front Yard Lot Coverage Side Yard Side Yard Rear Yard 14 Birch Ave 7 20% 3.4 1.2 12.1 15 Birch Ave 6.6 15% 8.7 2.5 13.2 18 Birch Ave 5.2 22% 3.4 1.2 12.1 21 Birch Ave 7.6 24% 6.5 3.2 15.8 22 Birch Ave 6.9 40% 3.4 1 12.1 25 Birch Ave 9 11 % 3 3.6 19.8 26 Birch Ave 6.1 7°l0 3.6 8.3 32 31 Birch Ave 8.6 26% 3.6 3.5 17 34 Birch Ave 7.8 27% 0.7 5.2 16 35 Birch Ave 8.4 16% 0.1 3.5 20.5 21 Birch Ave (Current Proposed 8 40% 1.2 1.2 8.1 Site Plan) In review of the ten of properties evaluated, Planning staff conclude that the existing built form along this section of Birch Avenue varies. Each lot reviewed is different in size. Some of the dwellings have carports in the side yard, attached covered porches at the front and rear, and some properties feature detached accessory structures in the rear yard. The yard. setbacks, lot coverage, and building heights vary as well. The proposed front, side, and rear yard setbacks and lot coverage of the proposed semi-detached detached dwelling are provided in bold in the table above for comparison and illustrated on the proposed site plan attached as Appendix "A". While the proposed zoning does allow for narrower interior lots, smaller lot areas, and permits semi- detached dwellings, the Residential Three (R-3) zone is similar to the requested zoning, being Residential Four (R-4). The lot coverage percentage, front yard setback, rear yard setback, maximum building height, and exterior side yard setbacks required under the proposed zoning are the same as the current zoning. At Council's request, Planning staff have prepared a second draft By-law (attached as Appendix "B") for Council's consideration which contemplates Residential Four (R-4) zoning with Special Regulation Provision 635R. Special Regulation Provision 635R requires a minimum front yard setback of 8.0 metres, whereas Residential Four (R-4) zoning permits a front yard setback of 4.5 metres for the dwelling and 6.0 metres for a building used to house the required off-street parking space (garage). Imposing Special Regulation Provision 635R will require that the any future residential structure will be setback a minimum of 8.0 metres from the Birch Avenue street line, which is similar to the existing setbacks for other existing dwellings along this section of the street. Planning staff also investigated the possibility of including increased side yard setbacks in Special Regulation Provision 635R, however, no workable option could be developed for a pair of semi- detached dwellings with a side yard greater than 1.2 metres. 7(a)-2 CONCLUSION: Planning staff is of the opinion that Residential Four (R-4) Zoning is appropriate and support the original staff recommendation of Report CSD-12-114 for the zone change and demolition control applications. However, a second draft By-law is attached to this report for consideration by Council which provides a special zoning regulation provision for an increased front yard setback of 8.0 metres which could be considered compatible with other front yard setbacks of the existing dwellings on Birch Avenue. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Attachments Appendix "A" -Proposed Site Plan Appendix "B" -Draft Zoning By-law Appendix "C" -Map No.1 (corresponding to the second draft By-law) 7(a)-3 Report. No. CSD-12- 1 ~~ Appendix "q " a w ~~ ~ ~~ 0 w = o w ~ ~ z o z w Z i ~ 'a o ~, NZ~w ~~Z oWm= ~3 a ~ N ~_ O Y a I I ~ I Q z O Y ~ 3 I I i~ ~II ~ I d I rn r r M I I w 80Z'8 r a 3 a ~ ~ 0 M ,< ~ ,tZ _030 5 N a 0 ~ o ~ ~~ ~ ~ a o a ~ ~ ~ o ~i ~ ~~ wo ~ o ~~ _ °z ~E. ~ J O _ ~ V c-? o O A ~ ~ O ~ a ~ ~ = O N ~ ~ ~ o 'e V ~ o ~ ~ N a v ti ~ N ~~9 c4 °~5 ~ i ~ ~ N ~ N ~ ~~ 0 ,~ W Z z o o ~~ Q ~ O 11 W S W ~ p d ~ ¢ Z O °' z o o O J a J ¢ I °> I a ~ _ ~ - -- ~ I N Q ~r zY I ~ 3 H~210d ( '~NO~ ~, ~ I ~ I~ 0 ~ ~ ~ I ~ ~ U ~ o O I I M (n Q ° a `° O ~^ v `~ M CL ~ I v ~ I I ~ ~ ~ ~ ~ ~ ~ a h N w ~ ~I w \ ~ Iw ~ I, ~ I N ~I w w p ~ ~ ~ Z Z ( t 5Z L I _,,,... O ~ o I 0 N I O _ ~ ~I I ~ 3 ~ ~ w ~ Y _o U O W I ~ O O O _ _ ,6~ "03a LE N w Z6~1L4'9l (,ti0~ti5) N O LL O z S W m ~ O O p p w ~ w ~~., 0 0 I_ ¢ ~ ~ o o ~ Cn ~ z z a a -'_" F ~~- 9 ~°`~ z s~E~~~ ~~ ~ oo ~o~ ~- ~_ W4i ~gso@~ ~Q ~~~~,o=o..=_p (nN €EO$_~°g - ` `s $ d F g 7(a)-4 Report No. CSD-12- 1 ~9 PROPOSED BY-LAW September 25, 2012 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER Appendix "~" (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Mary and Dragan Cikic - 21 Birch Avenue) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule No. 124 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area on Map No. 1, in the City of Kitchener, attached hereto, from Residential Three Zone (R-3) Zone to Residential Four Zone (R-4) with Special Provision Regulation 635R. 2. Schedule No. 124 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 635 thereto as follows: "635. Notwithstanding Section 38.2.1 of this By-law, for the lands shown as affected by this subsection on Schedule No. 124 of Appendix "A", the following special regulation shall apply: a) The minimum front yard setback shall be 8.0 metres." PASSED at the Council Chambers in the City of Kitchener this day of 2012. Mayor Clerk 7(a)-5 /~z -'~' ..!' a .^"~~ N \ `' ~. .lam, .,; \ LL N U N 'v'nJ My W ,~ ~r ~\ _~ ` t4M1 ; ~ ^. D. V Az ... ~~ ~ .14 ,-%~ Report No, CSD-12- ~~~ Appendix "~" ,i! W N U N Z O Q U_ J 0_ Q W C~ Z Q Z ------ U W Z O N o ~~ N i' W ~j N N W O H O S` d W , r J W ~ D z. a ~~ ~~ j'`~ - ~~ , ;,~ N +~- " l ~ / , ~~~ \ \ x` ' ~ O ~ , ~ ~ ~, . Z U Y \ '~ , ` (L U Z \ ~ Q ,` ~ ~ W ~ ~ Q Z Q = (~ - ~ '~ } ~ Q ~ CO ~ ~ ~ _ N 7(a)-6