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HomeMy WebLinkAboutCA - 2017-12-12 - A 2017-127 - 46 Chsrry StStaff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 12, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 APPLICATION #: A2017-127 ADDRESS: 46 Cherry Street PROPERTY OWNER: 2603373 Ontario Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: December 3, 2017 Subject Property: 46 Cherry Street Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca Report: The new owner is proposing to convert the existing duplex to a triplex. The minor variance application is seeking relief to legalize five existing aspects of the current property as follows; • Relief from Section 39.2.4 to permit the current lot width of 10.169 metres whereas 15.0 metres is required for a multiple dwelling, • Relief from Section 39.2.4 to legalize the existing front yard setback of 3.85 metres whereas 4.5 metres is required, • Relief from Section 39.2.4 to legalize an existing side yard setback of 0.09 metres whereas 1.2 metres is required, • Relief from Section 39.2.4 to legalize an existing side yard setback of 1.46 metres whereas 3.0 metres is required where parking is provided in the rear yard, and • Relief from Section 5.5C to legalize the existing setback of the existing garage of 0.16 metres whereas 0.6 metres is required. Existing Dwelling at 46 Cherry Street A site visit was undertaken on November 21, 2017. Planning Comments: The property is designated as Low Rise Residential in the City of Kitchener Official Plan. Permitted low density residential uses include single detached, semi-detached, duplex, and multiple dwellings. The property is currently zoned as Residential Five (R-5) which permits single detached, semi-detached, duplex, and multiple dwellings (maximum 3 unit multiple dwellings). The property is also within the Residential Intensification in Established Neighbourhoods Study (RI ENS) Area. Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca The owner is proposing to legalize the existing duplex building and obtain permission for a reduced lot width for a multiple dwelling. An existing shared mutual access easement is registered on title of 44 and 46 Cherry Street. 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 offers the following comments: The requested variances meet the general intent of the Official Plan. The Official Plan provides specific policy direction for infill residential development in established neighbourhoods. In the City's Central Neighbourhoods, the primary focus is to ensure that new infill development is compatible with the existing neighbourhood. Policy 4.C.1.8.e requires that where a minor variance is requested to facilitate residential intensification the impact of the variance must be reviewed to ensure that the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. The requested lot width variance does not impact the possibility of providing rear yard parking as a shared mutual driveway is existing. Adequate landscaping and amenity area can be provided on site and the overall lot area exceeds the zoning requirement. The requested variances meet the general intent of the Zoning By-law. The intent of the increase lot width for multiple dwelling is to ensure that parking and amenity space can be provided. Three parking spaces can be provided in the parking area at the rear of the property. The parking area only occupies a portion of the rear yard, leaving ample space for private amenity and landscaping. Planning staff have received a Site Plan application for this property which is the appropriate tool to implement appropriate development related conditions of approval. The requested variances are minor. Kitchener City Council recently approved the Residential Intensification in Established Neighbourhoods (RIENS) Study. That study identified that character and compatibility are important when considering any new development. Some of the recommendations from the study are currently at various stages of the implementation process. Planning Staff note that the development concept implements may of the preliminary RIENS recommendations, including a shared driveway and rear yard parking. The appearance of the building is not proposed to be amended greatly and the additional unit will be added without many exterior changes. The variances are appropriate for the development and use of the land. The proposed development will be compatible with the built form, massing, and building siting found throughout the neighbourhood. The development proposal accommodates a slight increase in density in an established building. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed third dwelling unit (triplex conversion). Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca Transportation Comments: Transportation Services have no concerns with the proposed application due to the existing access easement agreement between the two properties. Engineering Comments: No comments or concerns. 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 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 46 Cherry Street is advised that the property is located within the Cherry Hill 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. Environmental Planning Comments: No natural heritage concerns. RECOMMENDATION: I. That Application A2017-127 requesting relief from Section 39.2.4 to permit the current lot width of 10.169 metres whereas 15.0 metres is required for a multiple dwelling, and requesting relief from Section 39.2.4 to legalize the existing front yard setback of 3.85 metres whereas 4.5 metres is required, and requesting relief from Section 39.2.4 to legalize an existing side yard setback of 0.09 metres whereas 1.2 metres is required, and requesting relief from Section39.2.4 to legalize an existing side yard setback of 1.46 metres whereas 3.0 metres is required where parking is provided in the rear yard, and requesting relief from Section 5.5C to legalize the existing setback of the existing garage of 0.16 metres whereas 0.6 metres is required, be approved subject to the following conditions; 1. That Site Plan Application SP17/134/C/TS receive conditional approval. 2. That an application for a Zoning (Occupancy) Certificate is received by the Planning Division. Garett Stevenson, BES, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner November 27, 2017 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: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St 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 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. 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. DOCS: 2566097 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 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority.