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HomeMy WebLinkAboutCSD-18-032 - A 2018-009 - 211 Strange StJ Staff Report KITCH��r,R Community Services Department www.kifcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157 PREPARED BY: Catherine Lowery, Junior Planner — 519-741-2200 ext. 7071 WARD: 9 DATE OF REPORT: February 12, 2018 REPORT #: CSD -18-032 SUBJECT: Application A2018-009 — 211 Strange Street Applicant — George Sedra / In -Trend Home Solutions Approve with Condition Location Map: 211 Strange Street RECOMMENDATION That application A2018-009 requesting relief from Section 32.3.4 to permit a reduced front yard setback of 4.16 metres, whereas 4.5 metres is required; Section 32.3.4 to legalize the existing side yard setback of 2.79 metres, whereas 3 metres is required where the driveway is located in the side yard; Section 32.3.4 to legalize the existing side yard setback of 0.183 metres, whereas 1.2 metres is required; Section 5.5.2 c) to legalize an existing side yard setback of 0.497 metres for an accessory structure, whereas 0.6 metres is required; and Section 6.1.1.1 b) i) to permit a reduced off-street parking setback *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. of 1.5 metres, whereas 6 metres is required, be approved, subject to the following condition: 1. That the Owner obtains a building permit for the enclosed front porch. REPORT Planning Comments: The subject property is designated Community Institutional in the K -W Hospital Secondary Plan and zoned Community Institutional Zone (1-2) in Zoning By-law 85-1 with Special Use Provision 102U, which permits a medical laboratory. The property is currently developed with a single detached dwelling and the Applicant is proposing to legalize the existing enclosed front porch, which was constructed without a building permit. As such, the Applicant is requesting a reduced front yard setback and to legalize a number of existing non -compliances. Staff notes the requested side yard setback of 0.183 metres was measured from the eaves of the existing dwelling, confirming there is no encroachment onto the adjacent property. Staff further notes that steps giving access to the man door on the side of the house previously encroached into the driveway, necessitating the reduced off-street parking setback. These steps have since been removed, per the picture below. It is unknown whether the Applicant intends to reconstruct these stairs. City Planning staff conducted a site inspection of the property on February 8, 2018. ffi Subject Property: 211 Strange 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 subject property is designated Community Institutional in the K -W Hospital Secondary Plan. The proposed variances meet the general intent of the designation, which permits a limited range of uses including single detached dwellings. Given that the purpose of the requested variances is to legalize existing non -compliances, the minor changes will maintain the low density character of the property and surrounding neighbourhood. As such, staff is satisfied the proposed variances meet the intent of the Official Plan and it is the opinion of staff that the requested variances are appropriate. 2. The requested variance to permit a reduced 4.16 metre front yard setback, whereas 4.5 metres is required, meets the general intent of the Zoning By-law. The intent of the 4.5 metre front yard setback is to provide separation between the structure and the street line. As this setback is existing and the purpose of the variance is to legalize the existing front porch, staff is satisfied the reduction of 0.34 metres from the required 4.5 metres will maintain adequate separation. The requested variance to legalize the existing 2.79 metre side yard setback, whereas 3 metres is required where the driveway is located in the side yard, meets the general intent of the Zoning By-law. The intent of the 3 metre side yard setback is to ensure there is enough space for the driveway while maintaining separation between the building and neighbouring property. As the proposed side yard setback is existing, staff is satisfied the reduction of 0.21 metres meets the general intent of the Zoning By-law. The requested variance to legalize the existing 0.183 metre side yard setback, whereas 1.2 metres is required, meets the general intent of the Zoning By-law. The intent of the 1.2 metre side yard setback is to ensure there is adequate separation between the dwelling and adjacent properties, maintain access to the rear yard, and ensure no portion of the eaves encroach onto adjacent properties. As this setback is existing, staff is satisfied there is adequate separation and that rear yard access is provided by the 2.79 metre side yard on the opposite side of the house. Further, the requested setback was measured from the eaves confirming there are no encroachments. As such, staff is satisfied the requested variance meets the general intent of the Zoning By-law. The requested variance to legalize the existing 0.497 metre side yard setback for an accessory structure, whereas 0.6 metres is required, meets the general intent of the Zoning By-law. The intent of this setback is to ensure there is adequate separation between the structure and the lot line to allow for maintenance of the structure without encroaching onto the neighbouring property. As the structure and setback are both existing, staff is satisfied the reduction of 0.103 metres will continue to provide adequate separation for maintenance of the structure and therefore meets the general intent of the Zoning By-law. The intent of the 6 metre off-street parking setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. The reduced setback of 1.5 metres will maintain a vehicle's ability to park safely without affecting the City's right-of-way, therefore staff is satisfied the requested variance meets the general intent of the Zoning By-law. 3. The variances can be considered minor as the reduced front yard, side yard, and off- street parking setbacks will not present any significant impacts to adjacent properties and the overall neighbourhood. The purpose of these variances is to legalize existing conditions in order to facilitate the legal reconstruction of the existing enclosed front porch. As such, the impact of these variances will be negligible. 4. The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. No major changes are proposed to the scale, massing and height of the subject building, therefore it will not negatively impact the existing character of the subject property or surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. A building permit has been applied for and is currently under review for the proposed front yard enclosed porch. Transportation Comments: Transportation Services have no concerns with the proposed application. Heritage Comments: No objections. For information: 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 211 Strange St. 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 and Policy Planner for more information. Environmental Planning Comments: As no new construction is proposed, Environmental Planning has no concerns. Catherine Lowery, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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.