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HomeMy WebLinkAboutCSD-18-008 - A 2018-002 - 375 Luella St, Staff Report I .R Community Services Department wm kitcheneua REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: RECOMMENDATION Committee of Adjustment January 16, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Lauren Nelson, Planner (Policy) — 519-741-2200 ext. 7072 10 January 5, 2018 CSD -18-008 Application A2018-002 — 375 Luella Street Applicant — Iain Kent on behalf of Ben Wingelaar Approved with Conditions That application A2018-002 requesting relief from Section 39.2.1 to allow a second storey addition to have a minimum front yard of 4.42 metres rather than the required 4.5 metres, and from Section 5.6A.4 to allow a porch to be set back 2.88 metres from the front lot line rather than the required 3.0 metres, be approved subject to the following condition: A Building Permit is obtained from the City's Building Division for the proposed second storey addition and covered front porch by November 1, 2018. The floor of the porch shall not exceed 0.6 metres in height above finished grade level, and any railings, spindles or other porch materials located within a driveway visibility triangle shall not obstruct visibility of oncoming motor vehicle and pedestrian traffic on the street. REPORT Planning Comments: The subject property located at 375 Luella Street is zoned Residential Five (R-5) with Special Provision 129U in Zoning By-law 85-1 and designated Low Rise Conservation A in the City's Official Plan (Central Frederick Secondary Plan). The applicant is proposing to build a second storey addition and covered front porch to the single detached dwelling. The location of the existing building complies with the Zoning By-law given Section 5.15 for existing uses, however the proposed building addition cannot comply with the requirements of Sections 39.2.1 and 5.6A.4 of the By-law. The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow an addition to have a minimum front yard of 4.42 metres rather than the required 4.5 metres, and from Section 5.6A.4 to allow a porch to be set back 2.88 metres from the front lot line rather than the required 3.0 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 0 City Planning staff conducted a site inspection of the property on December 28, 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 Conservation A in the City's 1994 Official Plan (Central Frederick Secondary Plan). During the review of the City's new Official Plan, the Secondary Plans were deferred to allow for completion of neighbourhood -specific land use reviews. Therefore, the 1994 Official Plan designation is in effect. The intent of the designation is to preserve the scale, use and intensity of existing development, and it is applied to those portions of the community where the vast majority of land use is single detached dwellings. The requested variances to permit a second storey addition and front porch at slightly reduced yard setbacks are appropriate and continue to maintain the scale, use, and intensity of the property and surrounding neighbourhood. Staff is of the opinion that the variances meet the intent of the Official Plan. 2. The requested variance to permit a minimum front yard of 4.42 metres, whereas 4.5 metres is required, meets the intent of the Zoning By-law. The intent of the 4.5 metres minimum front yard requirement is to allow for separation between the front of the dwelling unit and the front lot line, and to establish a build -to line along the street. As the second storey addition will have the same footprint as the existing building, staff is satisfied that adequate separation is being provided, and that the front yard setback is consistent with properties in the surrounding neighbourhood. Staff is of the opinion that the variance meets the intent of the By-law. The requested variance to permit a porch to be set back 2.88 metres from the front lot line, whereas 3.0 metres is required, meets the intent of the Zoning By-law. The intent of the 3.0 metre setback is to allow for porch encroachments into the front yard, while still maintaining some separation from the front lot line. The depth of a porch impacts whether it can be used for its intended purpose, and as such, staff is satisfied that the requested variance provides for a usable front porch, and is consistent with properties in the surrounding neighbourhood. Staff is of the opinion that the variance meets the intent of the By-law. 3. 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 notes that the proposal implements some of the key RIENS recommendations, including that new construction be generally located a distance from the street that is in line with existing dwellings, and to accommodate front porches that encourage community interaction and activate the street. Many properties in the surrounding neighbourhood are of two-storey construction, and many contain front porches. The location of the existing building is not proposed to change and the reduced setbacks should not present any significant impacts to the existing character of the surrounding neighbourhood. 4. The variances are appropriate for the development and use of the land. The proposed development accommodates a slight decrease in front yard setbacks in an established building, and will be compatible with the built form, massing, and building siting found throughout the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the second storey addition and front yard front porch addition for the single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Ensure that the railings being proposed for the porch provide unobstructed visibility, as the porch is within the driveway visibility triangle. Engineering Comments: No concerns. Heritage Comments: Heritage Planning staff has no concerns with the application. 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 375 Luella Street is advised that the property is located within the Central Frederick Neighbourhood 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. Note that the subject property is located within the Central Fredrick Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake, Senior Heritage & Policy Planner, by phone (519-741-2200 ext. 7839) or by email(michelle.drake(a)kitchener.ca). Environmental Planning Comments: No concerns. Lauren Nelson, BES Planner (Policy) Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo January 02, 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: T 15-40/VAR KIT GEN (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): 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. 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, .::� ��. I 1__� DOCS: 2598488 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 N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat Avenue 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, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.