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HomeMy WebLinkAboutCA - 2017-12-12 - B 2017-050 & A 2017-129 - 156 & 158 Donald StStaff Repwrt T Tc I t R Community Services Department www:krtchenerca 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: Catherine Lowery, Junior Planner - 519-741-2200 ext. 7071 APPLICATION #: B2017-050 and A2017-129 ADDRESS: 156 and 158 Donald Street PROPERTY OWNERS: Lydia Anna Vasek and Anna Daniela Vasek SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: December 4, 2017 Location Map: 156 and 158 Donald Street REPORT The subject property is designated Low Rise Residential in the City's 2014 Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The lands are currently developed with an existing semi-detached dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings, duplex dwellings, semi-detached dwellings, and low rise multiple dwellings. Lot sizes vary in width, depth, and area. The Applicant is requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached house (1132017-050). The severed lot would have a lot width of 8.7 metres, a depth ranging between 50.6 and 54.4 metres, and an area of 457.5 square metres. The retained lot would have a lot width of 7.27 metres, a depth ranging between 54.4 and 60.91 metres, and an area of 580.8 square metres. Staff notes that the properties were previously separate but inadvertently merged on title when put into the same ownership. Therefore, a consent application to recreate the lot line is required. In addition, the Owner has submitted a minor variance application: A2017-058 (retained lot) — requesting relief from Section 38.2.2 to permit reduced lot width of 7.27 metres, whereas 7.5 metres is required. City Planning staff conducted a site inspection of the property on November 14, 2017 Existing Semi -Detached Dwelling at 156 and 158 Donald Street Consent Application — B2017-050 With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the City's Official Plan and meet the intent of Zoning By-law 85-1. A minor variance to permit the existing reduced lot width for the retained lands has been requested. The lot width of the severed lot complies and both parcels exceed the minimum lot area requirement. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4), subject to approval of the concurrent minor variance applications. The proposed severance conforms to the City's 2014 Official Plan and the configuration of the proposed lots can be considered appropriate for the use of the lands. The proposed lots conform to policy 17.E.20.5 of the 2014 Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Application B2017-050, requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached house, be approved, subject to the conditions listed in the Recommendation section of this report. Minor Variance Application — A2017-129 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 subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 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 from the 1994 Official Plan, which allows for low density forms of housing such as semi-detached dwellings, is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. It is planning staffs opinion that the minor reduction in lot width will maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. As such, the variance meets the general intent of the designation. 2. The requested variance to permit a reduced lot width of 7.27 metres, whereas 7.5 metres is required, meets the general intent of the Zoning By-law. The purpose of the minimum 7.5 metre lot width requirement is to ensure the lot is of adequate size to support the semi- detached house while meeting minimum side yard setback requirements. As the semi- detached house is existing and the lot meets all other regulations, staff is satisfied the reduction of 0.23 metres meets the general intent of the Zoning By-law. 3. The variance can be considered minor as the lot width will not present any significant impacts to adjacent properties or the overall neighbourhood. The purpose of this variance is to recognize the existing condition in order to facilitate the severance to allow separate ownership of each semi-detached house after the lots inadvertently merged on title. As such, the impact of this variance will be negligible. 4. The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. No changes are proposed to the scale, massing and height of the existing building, therefore the variance will not negatively impact the existing character of the subject property or surrounding neighbourhood. Based on the foregoing, Planning staff recommends that these applications 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 consent and variance. Heritage Comments: No heritage concerns. Environmental Planning Comments: No concerns. Transportation Services Comments: Transportation Services have no concerns with the proposed applications. Engineering Comments: Engineering has no concerns. Operations Comments: Park land dedication will not be required on the severed parcel, as no new development lot will be created as a result of the severance. RECOMMENDATION That Application A2017-129 requesting relief from Section 38.2.2 to permit a reduced lot width of 7.27 metres, whereas 7.5 metres is required, be approved. That Application B2017-050 requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached house, be approved, subject to the following conditions: 1. That Minor Variance Application A2017-129 receive full and final approval; 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. Catherine Lowery, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Commmity Hanliing 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario NV2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575,-4466 ,rergionof aterloo.ca Carolyn Crozier 575-4757 ext. 3657 File No. D20-20/17 KIT December 6, 2017 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2017-048 to B2017-050 Committee of Adjustment Hearing December 12, 2017 CITY OF KITCHENER B 2017-048 427 Old Chicopee Trail Maria Kyveris & Greg McNally The purpose of the application is to sever a parcel of land and create a new lot for residential development. Regional staff have no objection to the application. :Vill tQOZ �!] 393-411 Queen Street South, 379 and 389 Queen Street South, 168 Benton Polocorp Inc. The purpose of the application is to sever a parcel of land from the subject property and convey it 399 Queen Street South and 168 Benton Street. Water Services The applicant is advised that the subjec static hydraulic grade line of 384 mASL. below 327.8 mASL will require individi service in accordance with Section 13.2.� Specifications for Municipal Services for Document Number: 2576209 t property is located in Kitchener Zone 4 with a Any development with a finished road elevation aal pressure reducing devices on each water t.7 of the Design Guidelines and Supplemental January 2017. Regional staff have no objection to the application. B 2017-050 156 & 158 Donald Street Lydia Anna Vasek & Anna Daniela Vasek The purpose of the application is to sever a parcel of lands so that each half of the semi-detached residential dwelling can be deal with separately. Regional staff have no objection to the application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner cc. Juliane vonWesterholt, City of Kitchener (via email) Brian Bateman, City of Kitchener (via email) Document Number: 2576209 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.