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HomeMy WebLinkAboutDSD-18-138 - A 2018-113 - 56 Cameron St NJ Staff Report Ki' NER Community Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: October 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 9 DATE OF REPORT: October 4, 2018 REPORT #: DSD -18-138 SUBJECT: A 2018-113 — 56 Cameron Street North Owner — Annette Rossel and Adrian Anthony Rossel Approve with Conditions Aerial view of subject property REPORT Planning Comments: The property is zoned Residential Five (R-5) in By-law 85-1 and is designated as Low Rise Residential in both of the 1994 and 2014 Official Plans. Staff visited the site on October 4, 2018. The owner is requesting permission to permit two parking spaces for an existing duplex use that will encroach onto City lands; to be setback 0 m from the front lot line rather than required 6 -metre setback for one space; and for both parking spaces to be 2.57 x 5.30 metres rather than the required 2.6 x 5.5 metres. History: The subject building was constructed over 100 years ago and there is insufficient side yard for a driveway to be created along the side of the building. The building was converted to a duplex use prior to 1962 when there were no parking minimum parking space requirements for a duplex use. Therefore, it is considered legal non -conforming to have no parking spaces for the duplex. However, nowadays tenants often own at least one vehicle and a parking space for each unit is being requested. Existing driveway Photo #1 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 proposed variances meet the general intent of the Official Plan. The subject property is designated as Low Rise Residential in the of the City's 1994 and 2014 Official Plans. The 2014 Official Plan Designation is in effect, however a significant number of policies from the 2014 Official Plan are under appeal and therefore are not being solely relied upon for this report. Instead, Low Rise Residential policy from the 1994 Official Plan is being reviewed for compliance. The proposed variances meet the intent of the designation which encourages a full range of housing types to achieve a low density neighbourhood. The requested variances to permit parking for a duplex use are appropriate for the area and continue to maintain the low-density character of the property and surrounding neighbourhood. The proposed variances for two parking spaces meet the general intent of the Zoning By-law and can be considered minor. As there is no opportunity to develop a driveway at the side of the house, the request for the size and location of the two parking spaces for the duplex use is considered appropriate for the property and for the streetscape. The depth of the spaces will be 0.2 metres shorter than what is required. However, this is still a sufficient size to accommodate standard residential vehicles and can be considered minor, as it is a small portion of the overall depth requirement. Photo #2 For a duplex use, only one of the two parking spaces is required to be setback a minimum of 6 metres. It is intended that the 6 -metre setback can provide additional parking in tandem in the driveway, as well as ensuring the location of spaces do not negatively affect the streetscape. As noted above, the building location prohibits any parking space being setback 6 metres from the front lot line. As this is an older area, there are many driveway widenings that are constructed to the property line and therefore parking along the front lot line/sidewalks. The requested variance is appropriate for the area and staff have no concerns with this request. The proposed parking variances are appropriate for the development of the property and streetscape. As noted above, as the intent of the by-law being met and variances can be considered minor, staff are of the opinion that this is appropriate development for both the subject property and the surrounding streetscape. In addition to above comments, staff note that there has been a history of non -complying parking on the grassed area to the right of the front lawn (see Photo #2). There currently is some loose gravel/asphalt in the grassed area and staff recommend that the loose gravel/asphalt be removed and the area be sodded or reseeded to discourage future parking on the lawn. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions noted in the Recommendation section below. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services have no concerns with the proposed application subject to the following conditions: • A concrete curb/barrier should be provided to define the location/limits of the parking spaces. This is to avoid encroachment of the parked vehicles to the neighbor's property. Engineering Comments: No comments. Heritage Planning Comments & Environmental Planning Comments: No comments. RECOMMENDATION: That application A 2018-113 requesting permission to permit two parking spaces for an existing duplex use which will encroach onto City lands; to be setback 0 m from the front lot line rather than required 6 metre setback for one space; and for both parking spaces to be 2.57 x 5.30 metres rather than the required 2.6 x 5.5 metres, be approved, subject to the following conditions: 1) That a barrier is provided to define the location/limits of the parking spaces to avoid encroachment of the parked vehicles to the neighbor's property; to the satisfaction of the Planning Division; 2) That all loose gravel and/or asphalt be removed from the right side of the front lawn and that the area be sodded or reseeded with grass; to the satisfaction of the Planning division, 3) That the owner shall enter into an encroachment agreement for the parking spaces with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands; and, 4) That the above noted conditions to be completed by May 30th, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 9, 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 No.: D20-20/VAR KIT GEN 1, 4, 8, 9, 10 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. Document Number: 2839402 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 Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE October 4, 2018 YOUR FILE: See below Applications for Minor Variance (Sign): 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 "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.