HomeMy WebLinkAboutDSD-18-137 - A 2018-112 - 84 Mansion StREPORT TO:Committee of Adjustment
DATE OF MEETING:October 16, 2018
SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157
PREPARED BY:Richard Kelly-Ruetz,Technical Assistant (Planning and Zoning) –519-
741-2200 ext. 7110
WARD:10
DATE OF REPORT:October 5, 2018
REPORT #:DSD-18-137
SUBJECT:A2018-112–84 Mansion Street
Applicants –Gary & Neda Cusming
Variance 1 & 2:Approve with Condition
Variance 3: Approve with Conditions
Location Map: 84 Mansion Street
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REPORT
Planning Comments:
The subject property located at 84 Mansion Streetis zoned Residential Five (R-5)with Special Provision
129U in Zoning By-law 85-1 and designated Low Rise Residential inthe City’s Official Plan. The applicant
is reconstructing an existing front porch. Asshown in the photo below, there is a parking area between
the front porch and the sidewalk. The primary driveway for the residence is located between the side of
the dwelling and the easterly property line and leads to an attached garage.
Front yard and existing front porch of 84 Mansion Street
As a result of the proposed porch reconstruction, a number of variancesare required. Variance 1 is
requesting relief from Section 39.2.1 of the Zoning By-law to locate a covered front porch 3.4 metres from
the front lot line, whereas 4.5 metres is required. Variance 2 is requesting relief from Section 5.3 of the
Zoning By-law, to locate the covered front porch withinapproximately 1.5 metres ofthe Driveway Visibility
Triangle (DVT), whereas no obstruction above 0.9 metres is permitted. Variance 3 is requesting relief
from Section 6.1.1.2 d) of the Zoning By-law to permit a parking space with a depth of 3.4 metres, whereas
5.5 metres is required.
City Planning staff conducted a site inspection of the property on October 4, 2018.
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 offersthe following comments.
1.The subject property is designated Low Rise Residential in both the City’s 2014 Official Plan and
1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of
Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not
being relied upon for this report.Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official
Plan which allows for low density forms of housing such as single detached dwellings is being relied
upon to determine whether the proposed variances meet the general intent of the Official Plan.The
requested variancesareappropriate and would continueto maintain the low density character of the
property and surrounding neighbourhood.All requested variances will not significantly change the
existing conditionsand it is the opinion of staff that theyconformto the designation,areappropriate,
and meetthe general intent of the Official Plan.
2.Variance 1 & Variance 2 –Front Yard Setback & DVT encroachment
The requestedvarianceto have afront yard setback of 3.4 metresrather than the required 4.5
metres,and to locate the porch within the DVT, whereas no object above 0.9 metres in heightis
permitted, meetsthe general intent of the Zoning By-law.The intentof the 4.5metre setback is to
maintain a consistent streetscape and to provide sufficient space between the dwelling and the public
amenity (sidewalk, street, etc.). The intent of not allowing objects above 0.9 metres in the DVT is to
maintain sufficient visibility of pedestrians on the sidewalk and vehicles on the street for vehicles
entering and exiting a driveway. It is the opinion of staff that the intent of both regulations are
maintained. Both seek to maintain existing conditions, and Transportation staff are supportive of the
encroachment into the DVT.
Variance 3 –Parking Space Depth
The requested variance to have a parking space depth of 3.4 metres, whereas 5.5 metres is required
meets the general intent of the Zoning By-law. The intent of the 5.5 metre depth requirement for a
parking space is to ensure that vehicles of most sizes canbe accommodated within a parking space.
While the requested 3.4 metres is not sufficient to fit most vehicles, thespace between the sidewalk
(on City property) and the front property line of the subject property could be added to the proposed
3.4 metres of depth provided on the subject property to result in a total minimum depth of 5.5 metres,
as required by the Zoning By-law.This depth would be provided on private & public land.
Staff note that concerns have been raised to City staff about vehicles overhanging the sidewalk at
the subject property. This leads staff to question whether a parking space with 5.5 metres of depth
can truly be accommodated between the sidewalk and the base of the existing/proposed covered
front porch. During a site visit on the subject property, staff noted some landscaping in front of the
porch, which would intrude into some of the parking space between porch and sidewalk. This is
furthershown in the imagebelow.
The existing/proposed parking space does not appear to meet the 5.5m depth requirements
Staff have added conditions of approval to address concerns with a parking space encroaching onto
the sidewalk to ensure that a 5.5 metre parking space is provided without including the space on the
sidewalk.Staff also observed that the driveway is not one consistent surface material, as required
by the Zoning By-law, and have added a condition that this be met. Lastly,as the parking space
would be partially located on City land, staff will require that the property owner enter into an
encroachment agreement with the City.If the above concerns are satisfied, it is the opinion of staff
that the general intent of the zoning by-law is met.
3.Staff is of the opinion that requested variances areminor as theapproval of a reduced front yard
setback, encroachment in the DVT, and reduced minimum depth of a parking space will not cause
any significant impacts to the subject property or surrounding neighbourhood. All requested
variances seek to legalize existing conditionsto facilitate the re-construction of an existing
covered front porch. Staff are satisfied that the existing conditions are suitable for the
neighbourhood. As discussed in Test #2, there are some concerns with regards to vehicles
overhanging the sidewalk at this property and staff have added conditions of approval to ensure
the impacts of a reduced parking space remain minor.
4.The requested variancesare appropriate for the development and use of the land as the proposed
reconstruction of the existing covered front porch will maintain an existing condition. Staff is of the
opinion that the proposal is consistent with the low density development of the neighbourhood.
Based on the foregoing, Planning staff recommends thatthis application be approved with conditions.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for the proposed
reconstruction of the front porch is obtained prior to construction. Please contact the Building Division @
519-741-2433 with any questions.
Transportation Services Comments:
a)Porch in the DVT: Considering that the property line has a setback of approximately 2.5m from
the edge of the sidewalk, the proposed porch would not affect the DVT significantly and won’t
block the driver’s line of sight. Therefore, Transportation Services have no concerns with the
proposed application.
b)Parking space with a depth of 3.4m: Transportation Services have no concerns with the proposed
application subject to the owner and City entering an encroachment agreement to locate the
parking space on City property.
Heritage Comments:
No heritage planning concerns.
Environmental Comments:
No environmental planning comments.
RECOMMENDATION
A.That Variance 1 & 2 outlined in Minor Variance Application A2018-112requesting relief
from Section 39.2.1 of the Zoning By-law to permit the reconstruction of a covered front
porch to locate 3.4 metres from the front lot line, whereas 4.5 metres is required,and from
Section 5.3 of the Zoning By-law to locate an object more than 0.9 metres in height, being
the covered front porch, within approximately 1.5 metres of Driveway Visibility Triangle,
whereas no objects above 0.9 metres are permitted, beapproved subject to the following
condition:
1.That a building permit be obtained for the proposedconstruction byNovember 1, 2019.
B.That Variance 3outlined in Minor Variance application A2018-112requesting relief from
Section 6.1.1.2 d)of the Zoning By-law to permit a parking space with a depth of 3.4m
within the property line rather than the required 5.5 metres, be approved subject to the
following conditions:
1.That the property owner enter into an encroachment agreement with the City of
Kitchener to locate a portion of a parking space on land owned by the Cityby November
1, 2019;
2.That it is demonstrated via survey, photograph, or other means to the satisfaction of
the Director of Planning that a parking space with a minimum depth of 5.5 metres has
been provided between the sidewalk and the base of the covered porchof the subject
property by November 1, 2019;and,
3.Thatit is demonstrated to the satisfaction of the Director of Planning thatthe entire
driveway iscomprised of a material that is consistent throughout the driveway and that
is distinguishable from all other ground cover or surfacing, including landscaping or
walkwaysby November 1, 2019.
Richard Kelly-Ruetz, BES Juliane von Westerholt, MCIP, RPP
Technical Assistant Senior Planner
October 9, 2018
Holly Dyson
City of Kitchener File No.: D20-20/VAR KIT GEN
200 King Street West 1, 4, 8, 9, 10
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have no comments:
1. SG 2018-010 505 Franklin Street North, Steve Roth (City of Kitchener)
2. SG 2018-011 1700 Queens Boulevard, Steve Roth (City of Kitchener)
3. SG 2018-012 22 Frederick Street, EuroPro GP Inc.
4. A 2018-106 15 Tartan Avenue, Primeland Developments (2003) Limited
5. A 2018-107 624 King Street West, Rahim Anwar
6. A 2018-108 400 Bingemans Centre Drive, Summit Ltd.
7. A 2018-109 1331 Countrystone Drive, Sunvest Development Corp.
8. A 2018-110 97 Rivertrail Avenue, 25229365 Ontario Inc.
9. A 2018-112 84 Mansion Street, Gary & Neda Cushing
10. A 2018-113 56 Cameron Street North, Tony Rossel
11. A 2018-114 227 Manitou Drive, Ali Rasoul
12. A2018-115 1425 Block Line Road, NVU Homer Watson Ltd.
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
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЋБЌВЍЉЋ
Yours Truly,
Jason Wigglesworth, C.E.T.
Transportation Planner
(519) 575-4835
Filing: 2 VAR KIT Kitchener, City of/Fire Station
3 06 FREDERICK GEN
5 15 KING KIT Scherifali, Ahmet
6 VAR KIT Brick Brewing Co.
7 57 Sunvest Development Corp.
11 69 Rasoul, Ali
12 28 Northview Apartment REIT
Grand River Conservation Authority
400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N1R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 4, 2018 YOUR FILE: See below
Applications for Minor Variance (Sign):
RE:
SG 2018-010 505 Franklin Street North/39 Midland Drive
SG 2018-011 1700 Queens Boulevard
SG 2018-012 22 Frederick Street
Applications for Minor Variance:
A 2018-104 387 King Street East
A 2018-106 15 Tartan Avenue
A 2018-107 624 King Street West
A 2018-108 400 Bingemans Centre Drive
A 2018-109 1331 Countrystone Drive
A 2018-110 97 Rivertrail Avenue
A 2018-112 84 Mansion Street
A 2018-113 56 Cameron Street North
A 2018-114 227 Manitou Drive
A 2018-115 1425 Block Line Road
Applications for Consent:
B 2018-116 357 King Street East
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,
Andrew Herreman
Resource Planning Technician
Grand River Conservation Authority
Page 1 of 1
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the
Grand River Conservation Authority.