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HomeMy WebLinkAboutCSD-18-074 - A 2018-033 - 14 Ellen Street WestJ Staff Report Community Services Department www.kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: April 17, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Technical Assistant (Planning and Zoning) — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: April 6, 2018 REPORT #: CSD -18-074 SUBJECT: A2018-033 — 14 Ellen Street West Applicants — M. Demsey Contracting Inc. Approved with Conditions Location Map: 14 Ellen Street West RECOMMENDATION That minor variance application A2018-033 requesting relief from Section 39.2.1 to convert a single detached dwelling to a duplex dwelling to allow for a lot with a lot width of 9.75 metres rather than the required 15 metres; a front yard setback of 1.72 metres *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. rather than the required 4.5 metres; an interior side yard setback of 0.5 metres rather than the required 1.2 metres; a side yard abutting a street setback of 1.5 metres rather than the required 4.5 metres. With further relief from Section 6.1.1.1 b i) of the Zoning By- law to allow the one required parking space for the single detached dwelling to be located in the driveway setback 4.5 metres from the street line rather than the required 6.0 metres; Section 5.3 to legalize the existing building that encroaches approximately 3 metres within the 7.5 x 7.5 metre corner visibility triangle (CVT) and approximately 0.3 metres within the 4.57 metre x 4.57 metre driveway visibility triangle (DVT), be approved subject to the following conditions: 1. A Building Permit is obtained from the City's Building Division for the conversion of the single detached dwelling to a duplex dwelling by September 1, 2018. 2. The fence located on the east side of the driveway be removed to provide a clear 4.57 x 4.57 metre DVT on the east side of the driveway. REPORT Planning Comments: The subject property located at 14 Ellen Street West is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential Preservation in the Civic Centre Neighbourhood Secondary Plan of the City Official Plan. The applicant is proposing to convert the existing single detached dwelling to a duplex dwelling. Relief is being sought from Section 39.2.1 of the Zoning By-law to allow the following: a) A lot width of 9.75 metres rather than the required 15 metres; b) A front yard setback of 1.72 metres rather than the required 4.5 metres; c) An interior side yard setback of 0.5 metres rather than the required 1.2 metres; d) A side yard abutting a street setback of 1.5 metres rather than the required 4.5 metres. Further relief is being sought from: a) Section 6.1.1.1 b i) of the Zoning By-law to allow the required parking space for the proposed duplex to be located in the driveway setback 4.25 metres from the street line rather than the required 6.0 metres; b) Section 5.3 to legalize the existing building that encroaches approximately 3 metres within the 7.5 x 7.5 metre corner visibility triangle (CVT) and approximately 0.3 metres within the 4.57 x 4.57 metre driveway visibility triangle (DVT). City Planning staff conducted a site inspection of the property on March 26, 2018. Front view of 14 Ellen St. W. Rear view of 14 Ellen St. W. 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 Preservation in the Civic Centre Neighbourhood Secondary Plan in the City's Official Plan. (Secondary plan policies of the 1994 Official Plan remain in effect). This designation permits a variety of low density forms of housing including duplex dwellings. The proposed variances meet the general intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses. The proposed variances conform to the designation and it is the opinion of staff that the requested variances to legalize the existing situation, the reduced setback of the required parking space, and the encroachment of the existing building into the CVT and DVT meet the general intent of the Official Plan. 2. The requested minor variances for a lot width of 9.75 metres rather than the required 15 metres, a front yard setback of 1.72 metres rather than the required 4.5 metres, an interior side yard setback of 0.5 metres rather than the required 1.2 metres and a side yard abutting a street setback of 1.5 metres rather than the required 4.5 metres, a setback from the street line for the required off-street parking of 4.25 metres rather than the required 6 metres, and the legalization of the existing building to be located within the CVT and DVT, all meet the general intent of the Zoning By-law and recognize an existing situation. Staff is of the opinion that the conversion to a duplex dwelling will not adversely affect subject property nor will it interfere with the functionality of the surrounding neighbourhood. 3. Staff is of the opinion that requested variances are minor and the approval of this application will legalize the existing buildings footprints. The encroachment into the Corner Visibility Triangle does not affect the corner sightlines as there are sidewalks and boulevards between the property line and street line. The encroachment of the building into the Driveway Visibility Triangle is minimal and does not affect the driver's visibility. The fence on the east side of the property currently blocks the DVT, staff supports the variance provided that the fence be removed so there is a clear DVT on the east side of the driveway. The reduction of the setback for the required parking space of 4.5 metres will not present any significant impacts to adjacent properties and the overall neighbourhood. 4. The variances are appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The requested minor variance is necessary as it will legalize the footprints of the existing buildings and it will legalize the location of the required parking space on the subject property. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined above 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 proposed interior renovations and change of use of the existing single family dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Parking setback variance: As two (2) 5.5 by 2.6 metres parking spaces can fit in the parking area and the application represents an existing condition, Transportation Services support the proposed variance regarding the parking space setback of 4.25 metres rather than the required 6 metres. Corner Visibility Triangles (CVT) variance: the property line has a setback of approximately 4 metres from the sidewalk. In addition there are sidewalks and boulevards between the property and the street line. Therefore, sightlines are not affected by the porch and building encroachment to the CVT. Considering that the sightlines are not affected and the application represents an existing condition, Transportation Services support this variance application. Driveway Visibility Triangle (DVT) variance: The encroachment of the building to the DVT on the west side of the driveway is minimal and does not affect the drivers' visibility. However, the fences located on the east side of the driveway have blocked the DVT. Transportation Services would support this variance application subject to the condition below: • The fences located on the east side of the driveway be removed to provide a clear 4.5 by 4.5 metres DVT on the east side of the driveway. Transportation Services have no concerns regarding the other requested variances in this application. Engineering Comments: No Concerns. Heritage Comments: Heritage Planning staff has no concerns with the application. The subject property is located in the Civic Centre Neighbourhood Conservation District (CCNHCD) and is designated under Part V of the Ontario Heritage Act. In reviewing the merits of the application, Heritage Planning staff notes that the subject property is not identified as a Group `A' building and is not listed on the Heritage Register. 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 14 Ellen St. W is advised that the property is located within the Civic Centre Neighbourhood Heritage Conservation District. 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. The City will be commencing a secondary plan review in 2018. The land use and zoning of the property is subject to change. Special Policy Area #58 provides the interim policy direction for how development applications will be evaluated until such time as the City completes the PARTS implementation process. The subject site is within the Influence Area for intensification and as such, the associated policies should in part inform the `intent of the Official Plan' consideration of the minor variance. Tim Seyler, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 3, 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.regionofwaterloo.ca File No.: D20-20 Kit. Gen. NA Re: Committee of Adjustment Meeting on April 17, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment application(s) and have no comments - A2018 -024 (Amended), 2 Crossbridge Avenue A2018-030 to 042, Various 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, Z_."Vwl a_ BruceErb Supervisor, Corridor Planning (519) 575-4435 Document Number: 2691987 Document Author: EBRUCE Version: 1 Document Type: XPE-PE Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: April 5, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@g randriver. ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-024(amended) 2 Crossbridge Avenue A 2018-030 397 Greenfield Avenue A 2018-033 14 Ellen Street West A 2018-034 731 Huron Road A 2018-035 47 Floyd Street A 2018-036 810 Frederick Street A 2018-037 396 Victoria Street South A 2018-038 105 Brubacher Street A 2018-039 Rockcliffe Drive (future #123) A 2018-040 Rockcliffe Drive (future #127) A 2018-041 151 Fifth Avenue A 2018-042 151 Fifth Avenue Applications for Consent: B 2018-016(amended) 3 Chapel Hill Drive B 2018-024 259, 275 & 335 Gage Avenue B 2018-025 50 Brookside Crescent B 2018-028 Rockcliffe Drive (future #119-127) B 2018-029 Rockcliffe Drive (future #123 & 127) B 2018-030 151 Fifth 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, Trisha Hughes Resource Planner Grand River Conservation Authority TH/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of ] Grand River Conservation Authority.