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Home My WebLink AboutDSD-18-120 - A 2018-105 - 59 Claremont AveStaff Repod Development Services Department K;'�FR www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 18, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668 WARD: 8 DATE OF REPORT: September 10, 2018 REPORT #: DSD -18-120 SUBJECT: A2018-105 — 59 Claremont Ave Applicant — GSP Group c/o Kristen Barisdale Owner — Bryan Kuppers Approve Subject to Conditions REPORT Planning Comments: The subject property is located at the southwest corner of Claremont Avenue and Earl Street in the Westmount Planning Community, west of Belmont Village. The surrounding neighbourhood is developed mainly with Single Detached Dwellings. The property is designated Low Rise Residential in the 2014 Official Plan and is zoned Residential Three (R-3). Planning staff visited the site on August 23, 2018. The subject property was established through a plan of subdivision more than 100 years ago (1914) and has remained vacant until just recently. In 2006, the Committee of Adjustment conditionally approved Minor Variance Application A2006-095 to allow the minimum corner lot width to be reduced from 15.Om *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. to 12.19m to allow the construction of a single detached dwelling on the subject property. Earlier this year, the conditions were fulfilled and a building permit for the dwelling was issued. The dwelling is currently under construction. The building permit plans for the single detached dwelling were approved without a garage. The owner is now proposing to construct a detached garage at the rear of the property. However, due to the narrow lot width, and the required minimum parking and garage setback requirements, variances are necessary to facilitate the garage. Accordingly, relief from the Zoning By-law is being requested by the owner. The subject Minor Variance Application requests relief from: 1. Section 6.1.1.1(b)(i) to allow for off-street parking to be located 5.55 metres from the street line, rather than the required 6.0 metres; 2. Section 37.2.1 to allow a building used for off-street parking (i.e., a detached garage) to be located 5.55 metres from the street line, rather than the required 6.0 metres; and 3. Section 5.6.2(c) to allow a canopy for an accessory building to be supported by the ground, rather than not supported by the ground (the canopy is proposed to be set back 4.03 metres from the side lot line abutting Earl 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. Variances 1 and 2 meet the general intent of the 2014 Official Plan and Zoning By-law for the following reasons. The purpose of the parking setback is to discourage parking spaces and garages from dominating the streetscape of residential neighbourhoods. The Zoning By-law does not stipulate that a vehicle must park in the required parking space of a residential property, only that one space be provided, on the driveway or in a garage, a minimum of 6.0 metres from the street line. In effect, many residents choose to use their required parking space (e.g., in a garage) for household storage rather than for parking. Additionally, the by-law does not restrict vehicles from parking behind the required parking space, between the required parking space and the street line (e.g., on the driveway, less than 6.0 metres from the street line). Regardless, only a 0.45 metre variance from the parking space and garage setback requirements is requested. This variance is negligible and is minor, given that itwill not negatively impact the streetscape, adjacent properties, or create safety issues (e.g., DVT issues). It should be noted that without these minor variances, no garage could be legally constructed, since the sum of the minimum garage setbacks, internal parking space depths, and building wall thicknesses would exceed the lot width. Variance 3 meets the general intent of the 2014 Official Plan and Zoning By-law for the following reasons. The purpose of the regulation preventing canopies within a required yard from being supported by the ground is to allow a degree of architectural detail / weather protection on a residential building, while preventing the encroachment of the building proper. Planning staff recommends conditions to require satisfactory submission of building elevation drawings and confirmation that the dimensions and location of the garage will be constructed in accordance with the site plan and garage plan drawings attached to the application form. These conditions will ensure an appropriate balance of architectural detail while ensuring that the garage does not appear to dominate the streetscape. Additionally, this variance will not cause unacceptably adverse impacts on adjacent properties. Also, Planning staff recommends a condition to require the submission and approval of a Tree Preservation Plan to ensure that neighbouring trees are not negatively impacted. This may help to retain a natural visual barrier to the proposed canopy and garage. Variances 1 through 3 are desirable for the appropriate development of the land, as they will allow development of the rear portion of the lot with a detached garage that will provide shelter for the one required parking space, noting that most dwellings in this neighbourhood have garages. For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance provided a revision to the issued building permit is obtained prior to the completion of the construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. 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 municipally addressed 59 Claremont Avenue is advised that the property is located within the Westmount East & West 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. Environmental Planning Comments: 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, building elevation drawings, 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. RECOMMENDATION That Minor Variance Application A2018-101 requesting to relief from: 1. Section 6.1.1.1(b)(i) to allow for off-street parking to be located 5.55 metres from the street line, rather than the required 6.0 metres; 2. Section 37.2.1 to allow a building used for off-street parking (i.e., a detached garage) to be located 5.55 metres from the street line, rather than the required 6.0 metres; and 3. Section 5.6.2(c) to allow a canopy for an accessory building to be supported by the ground, rather than not supported by the ground; be approved, subject to the following conditions: 1. That the owner submit and obtain approval of building elevation drawings for all sides of the proposed detached garage, to the satisfaction of the City's Director of Planning, and that that the garage dimensions and location be in general accordance with the site plan and garage plan drawings provided with Application A2018-105 (both attached hereto), to the satisfaction of the City's Director of Planning; 2. That the owner 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, building elevation drawings, 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; 3. That the owner obtain a building permit in accordance with Conditions 1 and 2, above, from the City's Building Division; 4. That Conditions 1 through 4 be completed prior to September 18, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner Attach: • Site Plan Submitted with Application Form • Garage Plan Submitted with Application Form JI SS L J y y S LOT COVERAGE % LOT - 445.96 m sq. e f (ALLOWABLE = 55%) � HOUSE - 107.20 m sq. t (ACTUAL = 24%) GARAGE - 34.39 m sq. ) (ACTUAL = 7.7%) � LW21-STOREY TING f NEIGHBOUR'S LLING EXISTING GARAGE c) O N O PROPERTY LINE T- 0.90& 0.90 TOM ~% 515M i i 4.5M W `CAPY zi I a a_ -- — I LO to % �a 0 oz w I � 1�� pZ VU st I/ �Id'Ly PROPERTY LINE - EARL STREET PROJECT: DATE: AVG16,201B KVPPERS' GAKAGE SCALE: 1200 59 CLAKEMONT AVE. DRAWN BY. LN THF ANN EX/aSEC CLES ST, OTTAWA ON X.A 6" 613.567.7888 PHONE / 613.567.7528 FAX KITCHENER, ON. N2M 2P5 DRAWING TITLE: JOB No: 578-15 Christopher esarclitl .com Simmonds SITE PLAN DRAWNG No: Architect ASK 0 Y N gxl 3 LOT COVERAGE % d LOT - 445.96 m sq. Of v I NEIGHBOUR'S (ALLOWABLE = 55%) EXISTING HOUSE - 107.20 m sq. GARAGE (ACTUAL = 24%) GARAGE - m sq. ACTUAL=7.7%) 0 2 � I 0i90M-SETBA.' 0.90M "'" O,BOM SETBACK E QEXISTING 2 -STOREY, _ 5 DWELLING' TOM WON0 W ` °I _ O dl o •_ " <SIDE BAM 9ETSAC `. I Vy o I 0 CANOPY 'q n MAIN z SUPPORT -' a VE ItLE Flrl 0� 1 I; CANOPY ' SUPPORT —1- \— .L_L — l 0 {5.00 M) PARKING—t--\ o SPACE 1 \Xf U 0 45m x4.5. I '� Y ORIVEWAYVISION Lii Ow TRIANGLES F 1467M U DRIVEWAY \ ^n IWDTH \I I ui PROPERTY LINE n Y w w „. o a a s m w .. w m •u � w w u w w m + r .. w w w . � w m w w a w m w W W .. w u w W .. ♦ w W w w. w w v PROJECT: DATE: AVG 16, 2018 O ft KVPPERS' GARAGE SCALE: 1:1 59 CLAREMONTAVE. 00 TILE ANNEX /iS ECCLES ST. OTTAWA ON KIR 683 j 613.567.7888 PHONE ! 613.567.7528 FAX KITCHENER, ON. N2M 2P5 DRAWN BY: LN o Christopher <aald;i<a.<°. DRAWING TITLE: JOB No: 578-15 Simmonds GARAGE PLAN DRAWING No: Architect ASK 1 Region of Waterloo August 31, 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 (6)/55, 2589769 Ontario Corporation (7) NAR KIT, Citified Property Initiative Inc. (10) /04 Urban, Novacore Townhouses (11) /VAR KIT, 2296093 Ontario Inc. Re: Committee of Adjustment Meeting on September 18, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 236 Mill Street (SG 2018-009): No concerns. 2. 1110 New Dundee Road (A 2018-095): No concerns. 3. 904 Magdalena Court (A 2018-096): No concerns. 4. 196 Hickson Drive (A 2018-097): No concerns. 5. 6 Waterwillow Court (A 2018-098): No concerns. 6. 161 Victoria Street South (A 2018-099): No concerns. 7. 6 Southdale Avenue (A 2018-100): No concerns. 8. 264 Lawrence Avenue (A 2018-101): No concerns. 9. 70 Windrush Trail (A 2018-102): No concerns. 10. 83 Elmsdale Drive (A 2018-103): No concerns. 11.387 King Street East (A 2018-104): No concerns. 12. Claremont Avenue (A 2018-105): 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. Document Number: 2815510 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 Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE September 7, 2018 YOUR FILE: See below Applications for Signs: SG 2018-009 236 Mill Street Applications for Minor Variance: A 2018-096 904 Magdalena Court A 2018-097 196 Hickson Drive A 2018-098 6 Waterwillow Court A 2018-099 161 Victoria Street South A 2018-102 70 Windrush Trail A 2018-103 83 Elmsdale Drive A 2018-104 387 King Street East A 2018-105 59 Claremont Avenue A 2018-114 94 Fifth Avenue A 2018-115 44 Franklin Street South Applications for Consent: B 2018-063 to -071 B 2018-072 to -081 B 2018-082 to -096 B 2018-097 to -106 B 2018-107 to -113 B 2018-114 B 2018-115 GRCA COMMENT*: 210 to 242 Rivetrail Avenue 246 to 282 Rivertrail Avenue 125 to 181 Grand Flats Trail 45-53 Valleybrook Drive and 54-78 Valleybrook Drive 94 Fifth Avenue 44 Franklin Street South 124-148 Grand Flats 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 "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I Grand River Conservation Authorith.