Loading...
HomeMy WebLinkAboutCSD-18-079 - A 2018-038 - 105 Brubacher StreetJ Staff Report KITc�►��T�R Community Services Department www.kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: April 17th, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Technical Assistant — 519-741-2200 ext. 7843 WARD: 10 DATE OF REPORT: April 10th, 2018 REPORT #: CSD -18-079 SUBJECT: A2018-038 — 105 Brubacher Street Applicant — Paul Meier Approve with Conditions Location Map: 105 Brubacher Street RECOMMENDATION That application A2018-038 requesting permission to construct a rear yard addition and porch on an existing single detached dwelling having a side yard setback abutting Lydia Street of 3.65m rather than the required 4.5m; having a corner lot width of 12.89m rather than the required 15m; to legalize an existing driveway having a width of 1.89m and a depth of 4.56m that has 0 off-street parking spaces rather than 1 off-street parking space; and, to permit an encroachment into the Corner Visibility Triangle (CVT) and the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the CVT or DVT be approved, subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1. That a building permit is obtained from the Building Division for the proposed addition and deck by December 31St, 2018. 2. That a driveway encroachment agreement is obtained between the 105 Brubacher Street and 103 Brubacher Street properties to the satisfaction of the Director of Transportation Services. 3. That the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan by December 31St, 2018. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. REPORT Planning Comments: The subject property is zoned Residential Five Zone (R-5) with Special Use Provision 129U in the Zoning By-law 85-1, and designated Low Rise Conservation A in the Central Frederick Neighbourhood Secondary Plan in the 1994 Official Plan. City Planning staff conducted a site inspection of the property on April 6t", 2018. The applicant is requesting relief from section 39.2.1 of the Zoning By-law to allow an addition and rear porch to have side yard abutting the street setback of 3.65 metres rather than the required minimum setback of 4.5 metres, and permission to legalize the existing corner lot width of 12.89 metres whereas the minimum corner lot width is 15 metres. The applicant is also requesting relief from section 6.1 b), ii, b) of the Zoning By-law to legalize an existing driveway width of 1.89 metres whereas the minimum driveway width is 2.6 metres. The applicant is also requesting relief from Section 5.3 of the Zoning By-law to legalize the existing encroachment of the dwelling into the Driveway Visibility Triangle (DVT) and the Corner Visibility Triangle (CVT). 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 Conservation A in the Central Frederick Neighbourhood Secondary Plan. The land use policies for Low Rise Conservation A state that the intent of this designation is to preserve the scale, use and intensity of existing development in neighbourhoods predominantly containing single -detached dwellings. The requested variance does not propose to change the use or intensity of the existing property- it is proposed to remain to be a single detached dwelling. Staff does not believe the proposed addition represents a significant increase in scale because the proposed addition is only 1 storey, whereas the existing dwelling is 2 storeys. Staff is of the opinion that the proposed variance meets the general intent of the policies within the Central Frederick Secondary Plan. View of Existing Dwelling (site visit April 6, 2018) 2. The requested variance for reduction in exterior side yard setback meets the general intent of the Zoning By-law. The intent of this regulation is to ensure that there is an adequate distance to act as a buffer between the dwelling and the public realm. The current dwelling is located 3.65 metres from the exterior lot line on Lydia Street, and the applicant is proposing to keep the addition in line with the existing dwelling. There is no sidewalk on Lydia Street, and the property line is located a significant distance from the curb (approximately 6.2 metres). Staff believes that this additional space beyond the property line will provide ample buffer space between the proposed addition and the public realm. Staff is of the opinion that the proposed variance for reduction in exterior side yard setback meets the general intent of the Zoning By-law. The requested variances for lot width, driveway width, and Driveway Visibility Triangle & Corner Visibility Triangle encroachments are not due to the proposed addition in the rear yard but represent conditions that have existed on the property since the construction of the building in 1920. The placement of the building on the lot means it is not possible for the applicant to comply with these regulations. The property has been functioning this way for almost a century. 3. The requested variance can be considered appropriate for the development and use of lands. The use of the property is remaining the same as a single detached dwelling. Staff is of the opinion that since the proposed addition will not be located any closer to the exterior property lines than the current dwelling, the abutting properties and surrounding neighbourhood will be not be adversely impacted. View of Side Yard Abutting the Street (site visit April 6, 2018) 4. The variance for reduction in exterior side yard setback is considered minor because there is very little impact expected to the neighbouring properties. The variances for lot width, driveway width, and DVT & CVT encroachments can be considered minor because they represent existing situations. 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 proposed rear yard addition and deck. Please contact the Building Division @ 519- 741-2433 with permit requirements and any questions. Transportation Services Comments: CVT: Considering that the sightlines will not be affected, Transportation Services have no concerns regarding this variance request. Driveway: The current driveway width is only 1.89 meters therefore the parked vehicle overhangs the adjacent property. Transportation Services would support this variance request subject to the following condition: • A driveway encroachment agreement is required between the 105 Brubacher Street and 103 Brubacher Street properties. Heritage Planning Comments: 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 105 Brubacher St. 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. Consequently, Heritage Planning staff have no concerns with the application. Note that the subject property is located within the Central Frederick Secondary Plan. The City will be commencing a secondary plan review in the next 2-5 years. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake by phone (519-741-2200 ext. 7839) or by email (michelle.drakea-kitchener.ca) 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. Environmental Planning Comments: That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. Eric Schneider, BES Juliane von Westerholt, MCIP, RPP Technical Assistant 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.