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HomeMy WebLinkAboutCSD-18-060 - A 2018-028 - 66 West AveJ Staff Report KIT('HEI�.TER Community Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 9 DATE OF REPORT: March 9, 2018 REPORT NUMBER: CSD -18-060 SUBJECT: Application A2018-028 — 66 West Avenue Owner — Amanda Waters Applicant — Roman Zycki Approve with conditions r 156 tsa 144 148 f � MQMEwoo4 AVE Homexootl Green I � r`— \ 117 I a 141 us / 66 49 Subject Property: 66 West Avenue RECOMMENDATION: That Application A2018-0060 requesting relief from Section 39.2.1 to permit a front yard setback of 1.92 metres whereas 4.5 metres is required and to permit a rear yard setback of 3.56 metres whereas 7.5 metres is required, and relief from Section 5.3 to permit the dwelling to encroach 2.65 metres within the 4.57 metre Driveway Visibility Triangle, be approved, subject to the following conditions: 1 Staff Report Ki R Community Services Department www.kifcheneua 1. That the Owner submit a site drawing and building elevation drawings for the proposed dwelling, to confirm the appropriateness of the proposed development, to the satisfaction of the City's Director of Planning. 2. That the Owner submit and obtain final approval of a Building Permit for the proposed dwelling by March 20, 2019. 3. That the Owner submit and receive final approval of a Development, Interference With Wetlands and Alterations to Shorelines and Watercourses Permit (Pursuant to Ontario Regulation 150/06) from the Grand River Conservatory Authority. Report: The application is proposing to permit a front and rear yard variance for a new dwelling. The previous dwelling was destroyed by fire and the Applicant is proposing to redevelop the property with a new dwelling. Existing Property at 66 West Avenue A site visit was undertaken on February 28, 2018. J Staff Report KIT('HEItiTER Community Services Department wmkitchenerca Planning Comments: The property is designated as Low Rise Conservation in the Victoria Park Secondary Plan (Official Plan). Permitted uses are restricted to single detached dwellings, duplex dwellings, semidetached dwellings, multiple dwellings to a maximum of three units, small lodging houses, small residential care facilities, home businesses and private home day care. The property is currently zoned as Residential Five (R-5) with Special Regulation Provision 1 R, which permits single detached, semi-detached, duplex, and multiple dwellings (maximum 3 unit multiple dwellings). The property is also within the Residential Intensification in Established Neighbourhoods Study (RIENS) Area. 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 requested variances meet the general intent of the Official Plan. The Official Plan provides specific policy direction for infill residential development in established neighbourhoods. In the City's Central Neighbourhoods, the primary focus is to ensure that new infill development is compatible with the existing neighbourhood. Policy 4.C.1.8.e requires that where a minor variance is requested to facilitate residential intensification the impact of the variance must be reviewed to ensure that the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. The Low Rise Conservation land use designation applies to areas in the City where the aim is to retain the existing low rise, low density residential character of the neighbourhood. Development is encouraged at no greater than that existing scale and intensity of development. The requested variances do not impact the possibility of providing required vehicle parking. Adequate landscaping and amenity area can be provided within the rear yard and the overall lot coverage prescribed in the zoning by-law is not exceeded. The requested variances meet the general intent of the Zoning By-law. The intent of the front yard setback is to establish a consistent built form along the street edge. In this case, the proposed dwelling was brought further forward the street to align with the dwellings on either side. The proposed front yard setback aligns with the porches of the dwellings on either side of the subject lands. The rear yard variance is requested to accommodate a deeper storey and a half dwelling rather than a full two storey dwelling. The requested rear yard variance is measured at the closest point, and the proposed rear yard is deep enough to accommodate outdoor living and amenity space. Planning staff will require, as a condition of this approval, as per Policy 4.C.1.7 of the Official Plan, the Owner submit to the Director of Planning, Building Elevation drawing and a building Site drawing showing the design and location of the proposed new building. Planning staff will review these plans to ensure that the proposed new dwellings are compatible in terms of siting, massing, and architectural style. Through the review of the application, it was discovered that the dwelling and driveway do not meet the minimum standards for the Driveway Visibility Triangle (DVT). Planning staff are recommending a 2.65 metre encroachment into the 4.57 metre DVT to permit a consistent built form and setback along West Avenue. The corner of the dwelling which is encroaching within the DVT contains a covered porch. Planning staff will work with the Applicant during the elevation plan review to ensure that the porch is constructed to allow visibility for drivers through the railings. J Staff Report KIT('HEItiTER Community Services Department wmkitchenerca 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 note that the development concept implements may of the preliminary RIENS recommendations, including a reduced front yard setback and garages that do not dominate the streetscape. The variances are required because not all of the recommendations of the study have been fully implemented in the Zoning By-law. The variances are appropriate for the development and use of the land. The proposed development will be compatible with the built form, massing, and building siting found throughout the neighbourhood. Further attention will be paid to the building height, roof line, porch design, driveway width and location, style and materials, and landscaping, as part of the approval of the Building Elevation and Site drawings. The development proposal accommodates a slight increase in density in an established community in a compatible form that provides increased housing options. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Comments: The requested variance results in a deficient driveway visibility triangle for a new build. The driveway visibility triangle should conform to the City of Kitchener minimum requirements. Heritage 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 is advised that the property municipally addressed as 66 West Avenue is located within the Victoria Park Neighbourhood Cultural Heritage Landscape. 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. In the Victoria Park Neighbourhood CHL, garages are typically detached, located behind the main building facade at the end of a driveway or to the rear of the dwelling, and the size and materials usually reflect the design of the principle dwelling. Consequently, Heritage Planning staff encourages the applicant to reconsider the design of the dwelling to complement the character of the Victoria Park Neighborhood CHL. The subject property is located within the Victoria Park 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. J Staff Report KIT('HEItiTER Community Services Department wmkitchenerca Environmental Planning Comments: Property is within the two zone flood fringe of the Henry Sturm Greenway and therefore Regulated by the GRCA. One tree is on site but due to location and condition, the City will not be requesting it be protected. Grand River Conservation Authority Comments (GRCA): Comments were received from the GRCA on March 12, 2018 and are attached. Upon follow up conservations with the GRCA Resource Planner, Planning staff have clarified that the GRCA does not object to the Committee of Adjustment considering the requests for minor variance in order to establish a building envelope with site specific setbacks from the front and rear lot line. The GRCA's recommendation for deferral is to acknowledge that revised plans are required, and may require additional variances. The Applicant has advised that the dwelling can be redesigned by mirroring the current concept providing safe access and removing the basement. The Applicant acknowledges that should additional variances be required, it is their responsibility to apply for a new application. Revised plans will be required by the City and through the GRCA permit review process, and conditions have been included in the recommendations in this regard. Garett Stevenson, BES, MCIP, RPP Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo March 06, 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 (3)/58 KIT, Bromberg, Garry, 1415 Huron Road (5, 6)/53 Fairway, Fusion Homes (7, 8) /VAR KIT, Freure North Subdivision (10)/VAR KIT, Emmanuel Bible College 70-136 Fergus Avenue Re: Committee of Adjustment Meeting on March 12, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 8 Bridge Street East (SG 2018-004): No concerns to the application. However, the owner should be made aware that any redevelopment application for these lands may require dedicated road widening up to 13.107 metres from Bridge Street centreline. Therefore, it is strongly recommended that the sign be located accordingly. Otherwise, an encroachment agreement with the Region; or actual relocation of the sign would be required at the owner's cost, at such times in future. 2. 54 Queen Street North (SG 2018-005): No concerns. The sign is on private property and should comply with City of Kitchener Sign By-law. 3. 205 West Oak Trail (A 2018-022): No concerns. 4. 51 Simeon Street (A 2018-023): No concerns. 5. 2 Crossbridge Avenue (A 2018-024): No concerns. 6. 500 Rivertrail Avenue (A 2018-025): No concerns. 7. 70 Castlebay Street (A 2018-026): No concerns. 8. 150 Rockcliffe Drive (A 2018-027: No concerns. 9. 66 West Avenue (A 2018-028): No concerns. 10.110, 130 and 136 Fergus Avenue (A 2018-029): No concerns. 11.356-420 King Street West (A 2018-032): No concerns. DOCS: 2670864 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 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2761 ext. 2319 Trisha Hughes, Resource Planner Fax: (519) 621-4945 E-mail: thug hes@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: GRCA FILE: March 12, 2018 A 2018-028 — 66 West Avenue A2018-028 66 West Avenue RE: Application for Minor Variance A 2018-028 66 West Avenue, City of Kitchener Amanda Waters GRCA COMMENT*: The proposed plan does not meet City or Grand River Conservation Authority (GRCA) policies for development in the flood fringe portion of the floodplain. Accordingly, revised plans are required that demonstrate conformance with flood fringe policies. As it is unknown at this time if the revised plans will affect the requested variances, GRCA staff recommend deferral of the above noted application. See below for our detailed comments. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject property is entirely within the floodplain of Schneider Creek. As such, the property is regulated by the GRCA under Ontario Regulation 150/06. 2. Legislative/Policy Requirements and Implications: This reach of Schneider Creek has been designated as a Two -Zone Floodplain Policy Area. In Two -Zone areas, the floodplain is comprised of two sections - the floodway and the flood fringe. The property is located within the flood fringe portion of the floodplain, meaning new development is allowed if it can be demonstrated that the applicable Two -Zone Floodplain Policy Area policies in the GRCA's Consolidated Policies for the Administration of Ontario Regulation 150/06 and the City of Kitchener Official Plan are met. The City of Kitchener Official Plan states that: 6.C.2.7 c) Where a Two Zone Policy Area has been applied, development or site alteration may be permitted in the flood fringe subject to appropriate floodproofing standards to the flooding hazard elevation. 6.C.2.9. For lands where the Two Zone Policy Area is applied, development, redevelopment or site alteration may be permitted in the flood fringe, subject to appropriate floodproofing standards to the flooding hazard elevation or another flooding hazard standard approved by the Minister of Natural Resources. Page 1 of 3 6. C. 2. 10. Further to Policy 6. C. 2.9 and except as prohibited in Policies 6. C. 2.4 and 6.C.2.6, development, redevelopment or site alteration may be permitted in those portions of natural hazardous lands and hazardous sites where the effects and risk to public safety are minor could be mitigated in accordance with the Province's standards, and where all of the following are demonstrated and achieved: a) development, redevelopment or site alteration is carried out in accordance with floodproofing standards, Protection Works Standards, and access standards; b) vehicles and people have a way of safely entering and exiting the area during the times of flooding, erosion and other emergencies; c) new hazards are not created and existing hazards are not aggravated; d) no adverse environmental impacts will result; and, e) a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit (Pursuant to Ontario Regulation 150/06) is issued by the Grand River Conservation Authority. GRCA Consolidated Policies for Implementing Ontario Regulation 150/06 states that: 8.1.31 Buildings or Structures may be permitted within the flood fringe of a Two -Zone Policy Area provided that: a) the building or structure is floodproofed to the elevation of the Regulatory flood, b) all new dwelling units are above the elevation of the Regulatory flood, c) all habitable floor space and electrical, mechanical and heating services are above the elevation of the Regulatory flood, d) no basement is proposed, or where the building contains multiple units, the basement is floodproofed to the elevation of the Regulatory flood to provide parking below grade or common amenities, and e) ingress and egress to the building or structure is "dry" where this standard can be practically achieved, or floodproofed to an elevation which is practical and feasible, but no less than "safe". 8.1.32 Development in the flood fringe of a Two -Zone Policy Area may be permitted in accordance with the policies and standards approved by the municipality and the GRCA. Based on information currently available in this office, the Regulatory Flood Elevation (RFE) for this property is 327.7 metres. We do note that the Minor Variance Sketch prepared by ACI Survey Consultants (dated February 7, 2018) shows the top of foundation (TOF) proposed above the RFE. While development plans will need to demonstrate how all the above noted requirements are met, our comments have focused on two requirements in particular that do not appear to be met based on the proposed plans — provision of safe access and no basement. The Minor Variance Sketch prepared by ACI Survey Consultants (dated February 7, 2018), shows the proposed driveway and access to West Avenue are subject to over 1 metre of flooding. Therefore the driveway in its currently proposed location would not meet the definition of safe access. It appears that safe access could be achieved if the driveway was moved to the south side of the property. This would require a revised plan which could affect the requested minor variances. Page 2 of 3 It appears that a basement may be proposed for this development based on Drawing A-3 prepared by Rafter's Drafting (dated February 12, 2018). As per Two -Zone policies, no basement is permitted. This restriction may result in the applicant adjusting their proposed plans in order to gain additional floor space by building up or out further, which could affect the requested minor variances. As it is presented in the minor variance sketch, the future dwelling does not meet our policies for new development in the flood fringe as it appears that safe access is not available at the proposed driveway location and a basement is proposed. In order to demonstrate conformance to flood fringe policies, revisions to the plans are required which may affect the requested variances. Therefore, GRCA staff recommend deferral of the above noted application. A permit from the GRCA pursuant to Ontario Regulation 150/06 will be required prior to construction. 3. Plan Review Fees: This application is a 'major' Minor Variance application and the applicable plan review fee is $580.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $580.00. A separate fee will be required for a permit application. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, Trisha Hug es Resource Planner Grand River Conservation Authority cc: Amanda Waters, 14 Deshane St, Guelph, ON N 1 E OE Roman Zycki, 291 Simeon St, Kitchener, ON N2H 1T4 * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Page 3 of 3 J KITc�►��T�R 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: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 9 DATE OF REPORT: April 5, 2018 REPORT NUMBER: Follow up to CSD -18-060 SUBJECT: Application A2018-028 — 66 West Avenue Owner — Amanda Waters Applicant — Roman Zycki Approve with conditions On March 20, 2018, the Committee of Adjustment deferred consideration of application A2018- 028 requesting relief from Section 39.2.1 to permit a front yard setback of 1.92 metres whereas 4.5 metres is required and to permit a rear yard setback of 3.56 metres whereas 7.5 metres is required, and relief from Section 5.3 to permit the dwelling to encroach 2.65 metres within the 4.57 metre Driveway Visibility Triangle, until such time as updated Building Elevations were provided to the Committee of Adjustment. The applicant has prepared revised elevations and additional materials which are attached to this report. Planning staff remain supportive of the original recommendation of Report CSD -18- 060 with conditions listed therein. Garett Stevenson, BES, MCIP, RPP Planner Attachments Appendix "A" - Proposed Property Sketch Appendix "B" — Proposed Dwelling Rendering Appendix "C" - Proposed Elevations Juliane von Westerholt, MCIP, RPP Senior Planner J Staff Report KITCIIEI��ER Community Services Department www.kitchenerca Appendix "A" - Proposed Property Sketch tah �' r G m m 1 0 cl 4 fn i w S j Z e a x a l NSQ'48'28"E 26.784 �� of WOOD r o M m� W v� W o u � n M Z Ll 132 C Rf 1 I � 9.45 7x7.05 z r U N •4� / Og [ �' O - ---g--'- �v". c 327.,4 T 327M - a ma W w v N5O'4f1"3TE nsA nor oRivE I A 25.493 � C g o no -------- --- Q----------------- i g P F M > 2 rp o M 'W Y1 '� l I l) Ul ;i -V (-n m � lti++ yGG z n G m fin'^ 22 m 3 L3 p�S7CiCid Z Q + �`I S© V1 I( 6 ®a iZ rr---n >CM -A - z V] .� r f f o m in N +� p ZM in a= 3 n n (�ZmQ D y� �N m � z� TS o M a a X W rt� ,° 7 _ � Z rtN -n v V Oh m iS QN r 6p .. ��0 �z N 3 � 2 mT w cm rmI iris Nv.1z W"Wow 11 --'. 11 Il 'tl M�Ih 1.ilOald �hI1�b104.1„_il ! 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