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HomeMy WebLinkAboutDSD-19-015 - A 2019-005 - 362 Edwin StStaff Report Dcvolopment Services Department wAl_�R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 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: January 4, 2019 REPORT #: DSD -19-015 SUBJECT: A2019-005 — 362 Edwin Street Applicant — Kirk Van Os & Jeraldine Van Os Recommendation: Approve Location Map: 362 Edwin Street REPORT Planning Comments: The subject property located at 362 Edwin Street is zoned Residential Six (R-6) with Special Use Provision 360U in Zoning By-law 85-1 and designated Low Rise Residential in the City's 1994 and 2014 Official Plan. The applicant would like to obtain a building permit to legalize an existing 4 -unit multiple dwelling which received Planning approval in 2009, and is requesting relief from Section 6.7.1 of the Zoning By-law to allow for 0 barrier -free parking spaces to be provided, whereas the By-law requires 1 barrier -free space for a 4 -unit multiple dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Background In 2009, Planning granted site plan approval to convert a 3 -unit multiple dwelling to a 4 -unit multiple dwelling on the subject property. Per the Zoning By-law regulations in effect at the time, the approved plan provided 4 interior parking spaces, one for each of the 4 units. The parking spaces are provided within 2 double -wide garages at the rear portion of the building. Special Use Provision 360U allows interior parking spaces to be 2.75 metres in width, whereas the Zoning By-law typically requires interior parking spaces to have a minimum width of 3.04 metres. Based on dialogue with the applicant, they purchased the property subsequent to the 2009 site plan approval. It has since come to their attention that a building permit was never obtained to convert the 3 - unit multiple dwelling to a 4 -unit multiple dwelling. As such, the Building Division recognizes the building as a triplex (3 units). The current property owners would like to rectify the situation and apply for a building permit to legalize the 4 -unit multiple dwelling. However, the Zoning By-law has changed since 2009 and a building permit issued to legalize a 4 -unit multiple dwelling must meet current Zoning regulations. In 2013, Zoning By-law 85-1 introduced barrier - free parking space requirements for a range of uses in the City, including a 4 unit -multiple dwelling. By today's standards, a 4 -unit multiple dwelling requires 1 barrier -free parking space. Therefore, in order for the property owner to legalize the 4 -unit multiple dwelling through obtaining a building permit, 1 barrier - free space is required by the Zoning By-law. There is currently no barrier -free parking space on the site. The existing site layout makes it challenging to retrofit to accommodate 1 barrier -free space. Therefore the minor variance route to remove the requirement for 1 barrier -free space was deemed more practical. Simply put, the purpose of this minor variance application is to legalize the 2009 site plan approval which was granted by Planning for a 4 -unit multiple dwelling. There are no substantive changes to the site proposed. A copy of the 2009 Site Plan is attached as Appendix A for Committee's information. 362 Edwin Street City Planning staff conducted a site inspection of the property on December 28, 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 offers the following comments. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. 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 is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. Urban design policies of the 2014 Official Plan encourage new sites and redevelopment of existing sites to be planned to be barrier -free and universally accessible to all citizens. As will be detailed in test #2, it is justifiable to remove the requirement for a barrier -free parking space; the requested variance is to facilitate the legalization (via a building permit) of an existing 4 -unit multiple dwelling and the existing conditions will not change from what was approved by Planning in 2009. It is the opinion of staff that the variance is appropriate for the low-rise nature of the area, and meets the general intent of the Official Plan. 2. The requested variance to remove the requirement for providing 1 barrier -free space meets the intent of the Zoning By-law. The intent of requiring barrier -free parking spaces for a range of uses in the By-law is to improve accessibility standards across the City. Under the Province's Accessibility for Ontarians with Disabilities Act (2005), Regulation 191/11 (Integrated Accessibility Standards), outlines requirements on the number of barrier -free parking spaces required and specifications as to how they will be designed, among other items. It is this legislation that the City looked to in 2013 when the requirement for providing 1 barrier -free space for a 4 -unit multiple dwelling was added to the Zoning By-law. This legislation provides for exemptions to requiring barrier -free spaces. Specifically, the wording is such that an exemption can be made where `it is not practicable to comply with the requirement because existing physical or site constraints prevent it from meeting the required ratio'. The site layout is shown below. 4.7 metre drive aisle and location of existing 4 interior parking spaces This site is not well-suited for a retrofit to accommodate 1 required barrier -free parking space. The 4.7 metre driveway width and location of existing interior parking spaces would make it challenging for a barrier -free space to be accommodated, particularly when accounting for turnaround space needed to exit the site and the 1.5 metre access aisle requirement of the Zoning By-law for barrier - free spaces. An option was explored to fit a barrier -free space within the existing garage(s). However, Special Use Provision 360U on the property reduces the required width for interior parking spaces and it is not practical to fit a barrier -free space within the garages. This would likely remove 1 of the other parking spaces, resulting in only 3 spaces for the 4 -unit dwelling. As such, it is the opinion of staff that the existing site constraints justify removing the requirement for providing 1 barrier -free parking space. A key factor in staff support for this minor variance is the reality that the 4 -unit multiple dwelling received Planning approval in 2009 and has presumably been operating as such since then, albeit without obtaining a building permit. This recommendation of approval is recognizing an existing condition previously approved by Planning and does not in any way set a precedent for the future removal of the barrier -free parking space requirement. This is a unique scenario, and one where the 2009 site plan approval and site constraints have resulted in a minor variance being the most practical route for the property owner to obtain a building permit for the fourth unit. Obtaining a building permit for the fourth unit is desirable, as this ensures Building and Fire Code requirements are met. As such, it is the opinion of staff that the request to waive the requirement to provide 1 barrier -free parking space meets the general intent of the Zoning By-law. 3. Staff is of the opinion that requested variance is minor as the approval of permitting 0 barrier -free parking spaces, whereas 1 is required, will not cause any significant impacts to the subject property or surrounding neighbourhood. The site will generally continue to operate as it does today. 4. The requested variance is appropriate for the development and use of the land, as the proposal to legalize an existing 4 -unit multiple dwelling is consistent with the low density development of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided a building permit to legalize the existing fourplex is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Based on the approved site plan from 2009, there was no provision for a barrier free parking space, therefore, Transportation Services can support the proposed variance. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-005 requesting relief from Section 6.7.1 of the Zoning By-law to provide 0 barrier -free parking spaces, whereas the By-law requires 1 space to be provided, be approved. Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Technical Assistant Senior Planner .s, 1w �� `�`%I• dN z 4 J w Lu Lu LJ U) co V Z Q LLI 3 A Region of Waterloo January 3, 2019 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, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. 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. Document Number: 2898843 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, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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.