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HomeMy WebLinkAboutDSD-18-149 - A 2018-116 - 359 Alice AveStaff Report Development Services Department 1 www.kitchenerce REPORT TO: Committee of Adjustment DATE OF MEETING: December 11, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Erika Kohek, Student Planner — 519-741-2200 ext. 7074 WARD: 8 DATE OF REPORT: December 5, 2018 REPORT #: DSD -18-149 SUBJECT: A2018-116 — 359 Alice Avenue Owner — Dragan Ilic Applicant — Rob Sajkunovic Approve with Conditions f Location Map: 359 Alice Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. ALICE AVENUE � 9sso � au. tx7 eas Err? csa. [aa7 ^ �,sas� tsa'—�j•1 � y PROPOSED SW -DETACHED rt, 64. n- DWEIINMI �y 44 f Fi,LN sl9(gt , ' t 1/2 yTG'q[r i 3 107 SQ. 1JU11 14-q E441 369 Alice Avenue 1 ___L_ _j Proposed semi-detached dwelling site plan REPORT Planning Comments: The property is zoned Residential 4 (R-4) in Zoning By-law 85-1 and is designated as Low Rise Residential in the 1994 Official Plan and the new Official Plan (under appeal). The lands are currently developed with a single detached dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings and semi-detached dwellings. Lot sizes vary in width, depth, and area in this neighbourhood. City Planning staff conducted a site inspection of the property on October 30, 2018. Existing single detached dwelling at 359 Alice Avenue The owner is proposing to develop the lot with a semi-detached dwelling which may be further severed once it is constructed. The owner has submitted this minor variance application and is requesting relief from Section 38.2.2 "Minimum Front Yard for lands identified on Appendix `H"' a) iii) of the Zoning By-law to permit the proposed semi-detached dwelling to have a minimum front yard setback of 4.582 metres rather that the required 10.7 metres, and to permit the proposed front porches to have a minimum front yard setback of 3.058 metres rather than the required 10.7 metres. The owner is also requesting relief from Section 38.2.2 to permit the proposed semi-detached dwelling to have a minimum rear yard setback of 4.42 metres rather than the required 7.5 metres. The existing single detached dwelling will be removed and replaced with the proposed semi-detached dwelling. 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 Residential in both the City's 2014 Official Plan and the 1994 Official Plan. The 2014 Official Plan while adopted, has a significant number of Low Rise Residential policies that 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 semi-detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staffs opinion that the proposed variances meet the general intent of the Official Plan, which encourages a range of different forms of housing to achieve a low density neighbourhood. The minor changes to the front yard and rear yard setbacks will maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options including single detached, duplex, and semi-detached dwellings ranging from 1 to 2 storeys. The proposed two and a half storey semi-detached dwellings will create a transition from a large mix of dwelling types on Victoria Street South to Alice Avenue. The requested variances do not impact the possibility of providing required vehicle parking. It is the opinion of staff that the requested variance is appropriate. 2. 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. The subject property is located within the Residential Intensification in Established Neighbourhoods Study (RIENS) area and follows a specific calculation to determine the required front yard setback for each property. Staff has chosen to interpret the subject property's frontage along Alice Avenue as the front yard rather than the Victoria Street frontage given the orientation of the proposed semi-detached dwellings and considering the possible future consent application to sever the lot. In this case, the applicant requested a front yard setback of 3.058 metres for the front porches, where 10.7 metres is required, and a front yard setback of 4.582 metres where 10.7 metres is required to the main building. The required minimum front yard setback of 10.7 metres is calculated based on 1 metre less than the front yard setback of the dwelling on the property adjacent to this corner lot. The front yard setback of 369 Alice Avenue is 11.7 metres and therefore the minimum front yard setback is 10.7 metres. The intent of the front yard is maintained through this variance given the variety of setbacks within the area, the location of the subject property as a transition between the different built forms along Victoria Street South to Alice Avenue, and that the proposed front yard still provides sufficient space to accommodate for double car parking for the proposed semi-detached dwelling. The intent of the rear yard setback is to establish an adequate amount of outdoor living and amenity space. The applicant requested a rear yard setback of 4.42 metres where 7.5 metres is required. However, on either side of the proposed semi-detached dwellings the side yard setbacks provided are 11.967 metres and 9.55 metres, where the required side yard setbacks are 4.5 metres and 1.2 metres respectively. Staff is satisfied that the rear yard area proposed in conjunction with the larger side yards provided for each of the semi-detached dwellings provides adequate outdoor living area and amenity space. The shallow rear yard is due to the orientation of the lot and the adjacent lot, and the subject property being a corner lot, in that meeting a 10.7 metre front yard setback would make this lot unbuildable. As such, staff is satisfied that the front yard setback reduction of 6.118 metres for the dwelling, the front yard reduction of 7.642 metres for the front porches, and the rear yard setback reduction of 3.08 metres meet the general intent of the Zoning By-law. 3. The requested variances are minor as the proposed semi-detached dwelling setbacks will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed semi-detached dwelling use will provide a new housing form, additional housing and at a scale and density that is appropriate for the context of the existing neighbourhood which include single detached dwellings, semi-detached dwellings, and multiple dwellings. Kitchener City Council recently approved the Residential Intensification in Established Neighourhoods (RIENS) Study. That study identified that the character and compatibility are important when considering any new development. Planning staff notes that the development concept of the preliminary RIENS recommendations include that garages that do not dominate the streetscape. In keeping with the recommendations of this study, this proposal provides for garages recessed behind the facade of the semi-detached dwellings. Staff also recommends that building elevations be submitted to ensure that the semi- detached dwelling has enhanced facades fronting the exterior side yard to keep with other recommendations detailed in RIENS. Staff will also review the submitted plan and elevations to ensure that the exterior side yard setback of 11.967 metres is revised to 12 metres to meet the setback from a regional arterial road as per Section 5.24 of Zoning By-law 85-1. 4. The requested variances are appropriate for the development and use of the land. The redevelopment of these properties will be sympathetic to the surrounding properties and contributes to incorporating a variety of housing unit types to the neighbourhood. The proposed development will be compatible with the various types of built form, massing, and building siting found throughout the neighbourhood. The development proposal accommodates a slight increase in density in an established neighbourhood in a compatible form that provides increased housing options. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed semi-detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Heritage Planning Comments: No heritage planning comments. 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. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No engineering comments or concerns. Regional Planning Comments: At this location, the subject property appears to have the municipal sidewalk within their private property. Regional staff would like to work with City staff and the property owner to have the portion of the lands containing the sidewalk be put in Regional ownership. The Region can contribute up to $1800.00 to be refunded back to the property owner to assist with the cost for the reference plan. RECOMMENDATION That Application A2018-116 requesting relief from Section 38.2.2 "Minimum Front Yard for lands identified on Appendix `H"' a) iii) of Zoning By-law 85-1 to permit a front yard setback of 4.582 metres whereas 10.7 metres is required for the proposed semi-detached dwelling, a front yard setback of 3.058 metres for the front porches whereas 10.7 metres is required, and requesting relief from Section 38.2.2 to permit a rear yard setback of 4.42 metres whereas 7.5 metres is required for a semi-detached dwelling, be approved, subject to the following conditions: That the Owner submits a site plan and building elevation drawings showing the location of the proposed semi-detached dwelling on the lot to the satisfaction of the City's Director of Planning, illustrating that the proposed dwelling will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to issuance of a building permit. Further, that the Owner agrees that building permit drawings shall be in accordance with the appropriate site and elevation drawings; and, 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. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment November 20th, 2018 1 www.kitchenerce Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Erika Kohek, Student Planner — 519-741-2200 ext. 7074 8 November 14th, 2018 DSD -18-149 A2018-116 — 359 Alice Avenue Owner — Dragan Ilic Applicant — Rob Sajkunovic Defer V IL Location Map: 359 Alice Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. ALICE AVENUE -~- - -- asw 7574 [za'� 9754 [&t`] a3u [za] 11967 - 7 I Pte+ + n wRC" ' I 777777777 4877 PROPOSED I 1 SEMI—DETACHED ti 721 EQ. R. I DWELUN S I t FAW ROM 2 1/2 SMIWr 197 SQ. M. I I 13411 [441 - -_ 13411 [441 1 Proposed semi-detached dwelling site plan REPORT Lo w [i7 Q C5 NE Planning Comments: The property is zoned Residential Four Zone (R-4) in Zoning By-law 85-1 and is designated as Low Rise Residential in the 1994 Official Plan and the 2014 Official Plan. The lands are currently developed with a single detached dwelling. The surrounding neighbourhood consists of a mix of single detached dwellings and semi-detached dwellings. Lot sizes vary in width, depth, and area in this neighbourhood. City Planning staff conducted a site inspection of the property on October 30, 2018. Existing single detached dwelling at 359 Alice Avenue The owner has requested relief from Section 38.2.2 of the Zoning By-law to permit the proposed semi- detached dwellings to have a minimum front yard setback of 3.058 metres rather that the required 4.5 metres (to Alice Ave), and a minimum rear yard setback of 4.42 metres rather than the required 7.5 metres. Through the review of the application staff has identified that the subject lands are located in in a Residential Intensification in Established Neighbourhoods (RIENS) area and the required front yard setback regulations differ from those of the basic R-4 zone. Based on the foregoing, Planning staff recommends that the application be deferred to the December 2018 Committee of Adjustment meeting to allow the proposal to be considered in the context of the REINS zoning. Staff has discussed the proposed deferral with the applicant who is satisfied with a deferral until the December meeting. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed semi-detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Heritage Planning Comments: No heritage planning comments. 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. Transportation Services Comments: No transportation services comments. Engineering Comments: No engineering comments or concerns. Regional Planning Comments: At this location, the subject property appears to have the municipal sidewalk within their private property. Regional staff would like to work with City staff and the property owner to have the portion of the lands containing the sidewalk be put in Regional ownership. The Region can contribute up to $1800.00 to be refunded back to the property owner to assist with the cost for the reference plan. RECOMMENDATION That Application A2018-116 be deferred. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo November 5, 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 Re: Committee of Adjustment Meeting on November 13, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. FN 2018-003 — 626 Blair Creek Drive — No Concerns 2. SG 2018-013 — 396 Victoria Street North —At this location the Regional Official Plan designates Regional Road 55 (Victoria Street), Bruce Street to Westmount Road, at 26.213 metres. Should a development application be submitted for this property, an approximate 3 metre road widening would be required. As such, we would not support having the sign located within the future road widening. We request that the sign be relocated outside of the designated road allowance. 3. A 2018-116 — 359 Alice Avenue — At this location, the subject property appears to have the municipal sidewalk within their private property. Regional staff would like to work with City staff and the property owner to have the portion of the lands containing the sidewalk be put in Regional ownership. The Region can contribute up to $1800.00 to be refunded back to the property owner to assist with the cost for the reference plan. 4. A 2018-117 — 170 Weber Street East — No Concerns 5. A 2018-118 — 392 Fischer Hallman Road — Any proposed changes/alterations to the access on Regional Road 58 (Fischer -Hallman Road) will require a Regional Road Access Permit ($100 Fee). Should the Committee of Adjustment approve the minor variance, we respectfully request that a Regional Road Access Permit Document Number: 2861575 be a condition of approval. 6. A 2018-119 — 515 Riverbend Drive — No Concerns 7. A 2018-120 — 57 Chestnut Street — No Concerns 8. A 2018-121 — 87 Dekay Street — No Concerns 9. A 2018-122 — 410 Rivertrail Avenue — No Concerns 10. A 2018-123 — 108 Ahrens Street West — No Concerns Document Number: 2861575 11. A 2018-124 — 3 Katherine Crescent — No Concerns 12. A 2018-125 — 810 Frederick Street — 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 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. Yours Truly, Monirul Islam, P.Eng. Transportation Planner (519) 575-4435 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2761 ext. 2307 Beth Brown, Supervisor of Resource Fax: (519) 621-4945 Planning E-mail:bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE November 6, 2018 YOUR FILE: See below Applications for Minor Variance (Sign & Fence): FN 2018-003 626 Blair Creek Drive SG 2018-013 396 Victoria Street North Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-117 170 Weber Street East A 2018-118 392 Fischer Hallman Road A 2018-119 515 Riverbend Drive A 2018-120 57 Chestnut Street A 2018-121 87 Dekay Street A 2018-122 410 Rivertrail Avenue A 2018-123 108 Ahrens Street West A 2018-124 3 Katherine Crescent A 2018-125 810 Frederick Street Applications for Consent: B 2018-117 B 2018-118 B 2018-119 & B 2018-120 GRCA COMMENT*: 95 King Street West 543 Weber Street East 11 Chicopee Park Court 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, ,E&tk 6,1r� Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/Iw "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.