Loading...
HomeMy WebLinkAboutCA - 2017-11-21 - A 2017-106 - 31 Cherry St, Staff Report I .R Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning) 519-741-2200 ext. 7844 APPLICATION #: A 2017-106 ADDRESS: 31 Cherry Street PROPERTY OWNERS: Omawattie and Roopnarine Angad APPLICANT: Andrew Head; Dryden, Smith & Head Planning Consultants SUMMARIZED RECOMMENDATION: APPROVE WITH CONDITIONS DATE OF REPORT: November 14, 2017 REPORT Planning Comments: The subject property is located on the east side of Cherry Street between Walnut Street and Strange Street. It is zoned Residential Five (R-5) in Zoning By-law 85-1 and designated Low Rise Residential in the Official Plan. The applicant is proposing to legalize an existing four-plex. HISTORY: In 2002, the previous owner obtained minor variance approval to construct a new triplex building on a lot with reduced frontage of 10 metres rather than the required 15 metres. The variance decision was approved but appealed and subsequently was approved with conditions by the Ontario Municipal Board. The OMB decision (File No. V020354) was conditional on items such as: provision of privacy fencing, planting of coniferous trees as part of a Landscape Plan, implementation of a Tree Management Plan, installation of raised concrete curbing along the driveway and preparation of a Lot Grading Plan. At this time staff cannot confirm if all the conditions have been met as the Site Plan application SP 02/16/C/BS has become inactive. The proposed change of use to the site will require a complete review of the OMB conditions and Site Plan approval to ensure compliance. The current landowners have owned the property since approximately 2003. It appears that the fourth unit would have been added sometime after the building permit completion date for the triplex use which was November 2004. The current owners are seeking to legalize the fourth unit. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. City Planning staff conducted a site inspection of the property on November 10, 2017. 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 Residential in both the City's 1994 Official Plan and 2014 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 and Part 2, Section 1.6 from the 1994 Official Plan is being reviewed for compliance. The proposed variance meets the intent of the designation, which encourages a full range of housing types to achieve a low density neighbourhood. The requested variance to permit four units rather than three units is appropriate for the area and continues to maintain the low density character of the property and surrounding neighbourhood. As well, the proposed variance meets Part 2, Section 1.6 `Planning Approval Review' section of the Official Plan as a site plan is required to demonstrate that the overall development will have appropriate landscaping, screening and/or buffering to address the privacy of adjacent residential development. It is noted that the proposed variance can provide an appropriate number of parking spaces, landscaping and amenity area which all meet the intent of Section 1.6. Therefore, as the proposed variance conforms to both the Low Rise Residential designation and Part 2, Section 1.6 of the 1994 Official Plan, it is the opinion of staff that the variance meets the general intent of the Official Plan. The requested variance meets the general intent of the Zoning By-law and can be considered minor for the following reasons. The existing building was originally constructed in 2003 as a triplex and accessory storage room. At some time in the past the storage room was converted to the fourth dwelling unit. This year, through consultation between staff from different divisions regarding addressing, it was discovered that a fourth unit existed that was not legally created. The discovery of the fourth unit was as a result of staff review. No previous complaints regarding this additional unit had been received to date. Since this discovery, staff has reviewed the proposed rearrangement of the parking spaces and four legal parking spaces can be accommodated. The spaces have been reviewed by the City's Transportation Planning staff and they have no concerns. The rearrangement of the parking area will require the installation of approximately 3.6 sq.m. of additional pavement. It is noted that City requirements regarding grading and drainage will be reviewed for compliance through Site Plan approval as well as appropriate conditions of the variance. View from Cherry Street An outdoor amenity area in the rear yard will continue to be provided for the residents of the building. Any concerns that were raised in the past regarding privacy to neighbours and lot grading will be addressed by the implementation and/or maintenance of conditions required by the OMB decision which will be incorporated into a current Site Plan application. These requirements will form part of a Section 41 agreement and will be enforced if not implemented. The variance is appropriate for the development and use of the land. These lands are not affected by the recent triplex study which would have placed a restriction of the number of multiples. The site currently contains a fourplex and based on the comments in this report and as a result of any outstanding conditions from 2002 being implemented; the requested variance should not impact the existing character of the surrounding 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 is obtained for the change of use. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services has worked with the applicant and are supportive of the propose parking plan submitted. Engineering Comments: Engineering has no comments or concerns Heritage Planning 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 serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed as 31 Cherry Street is advised that the property is located within the Warehouse District CHL. The owner and the public 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. RECOMMENDATION That application A2017-106 requesting permission to legalize an existing four-plex in a Residential Five (R-5) Zone whereas the By-law does not permit a four-plex within an R-5 Zone be approved subject to the following conditions: 1. That Site Plan approval is obtained from the Planning Division, to the satisfaction of the Manager of Site Development and Customer Service; which shall include but not be limited to implementation of conditions that were required by OMB File No. V020354; changes to the parking area and the addition of a rear yard deck and stairs; 2. That a Zoning (Occupancy) Certificate be obtained from the Planning Division; 3. That a Building Permit be obtained from the Building Division for a change of use; and, if required, for the rear yard deck and stairs; and, 4. That the above noted conditions be fulfilled by April 1, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to complete date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Juliane von Westerholt, MCIP, RPP Planning Technician (Zoning) Senior Planner PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 November 10, 2017 www.regionofwaterloo.ca Holly Dyson City of Kitchener 200 King Street West File: T 15-40/VAR KIT GEN P.O. Box 1118 (01) /50, Forest Hill United Church Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban Developments, 1193-1201 FHM Rd (04) /VAR KIT, 1142805 Ontario Inc. (05) /VAR KIT, Roopnarine, Angad (08) / VAR KIT, 2361693 Ontario Inc. (09, 10) / VAR KIT, Emmanuel Bible College (11, 12) /VAR KIT, Garden Brook Homes (13) / VAR KIT, 673099 Ontario Ltd. Freure North Subdivision (30T-98201) Dear Ms. Dyson: Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the sign and its foundation are located on private property. 2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns. 3. 317 Greenbrook Drive (A 2017-104): No concerns. 4. 2399 Kingsway Drive (A 2017-105): No concerns. 5. 31 Cherry Street (A 2017-106): No concerns. 6. 386 Southill Drive (A 2017-107): No concerns. 7. 42 Marlis Crescent (A 2017-108): No concerns. 8. 125 Margaret Avenue (A 2017-109): No concerns. 9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns. 10.110 Fergus Avenue (A 2017-111): No concerns. 11.27 Bismark Avenue (A 2017-112): No concerns. 12.27 Bismark Avenue (A 2017-113): No concerns. 13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns. DOCS: 2553615 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. 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 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Beth Brown, Phone: (519) 621-2761 ext. 2307 Supervisor of Resource Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 06, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-016 121 Westmount Road East SG 2017-017 1201 Fischer Hallman Road Applications for Minor Variance: A 2017-104 317 Greenbrook Drive A 2017-105 2399 Kingsway Drive, Unit 7 A 2017-106 31 Cherry Street A 2017-107 386 Southill Drive A 2017-108 42 Marlis Crescent A 2017-109 125 Margaret Avenue A 2017-110 100-110 Fergus Avenue A 2017-111 100-110 Fergus Avenue A 2017-112 27 Bismark Avenue A 2017-113 27 Bismark Avenue A 2017-114 5 & 3 Rockcliffe Drive A 2017-115 7 Rockcliffe Drive A 2017-116 11 Rockcliffe Drive A 2017-117 15 Rockcliffe Drive A 2017-118 19 Rockcliffe Drive A 2017-119 5 & 3 Rockcliffe Drive Applications for Consent: B 2017-038 125 Margaret Avenue B 2017-039 125 Margaret Avenue B 2017-040 100-110 Fergus Avenue B 2017-041 27 Bismark Avenue B 2017-042 27 Bismark Avenue B 2017-043 5 & 3 Rockcliffe Drive B 2017-044 7 Rockcliffe Drive B 2017-045 11 Rockcliffe Drive B 2017-046 15 Rockcliffe Drive B 2017-047 19 Rockcliffe Drive Applications for Provisional Consent: CC 2017-001 369 & 375 Frederick Street *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located Authority areas of interest. As such, we will and plan review fees will not be required additional information, please contact me. Sincerely, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp outside the Grand River Conservation not undertake a review of the applications . If you have any questions, or require *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority.