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HomeMy WebLinkAboutDSD-19-020 - A 2019-010 - 150 Mill StStaff Report Development Services Department 1 KIR 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: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: January 4, 2019 REPORT #: DSD -19-020 SUBJECT: A2019-010 — 150 Mill Street Applicants — Janelle Hale Approved with Conditions Location Map: 150 Mill Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 150 Mill Street is zoned Residential Five (R-5), and designated Low Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Secondary Plan of the City Official Plan. The applicant is requesting relief from Section 39.2.4 of the Zoning By-law to facilitate a conversion to a triplex through the following: a) To contain a multiple dwelling with a lot width of 14.9 metres rather than the required 15 metres; b) A side yard setback of 2.9 metres where a driveway leading to a required parking space is situated between the dwelling and the side lot line rather than the required 3.0 metres; c) An expansion of 95% of the ground floor of the existing building's ground floor area as of May 1, 2006, whereas 25% is permitted. City Planning staff conducted a site inspection of the property on December 27, 2018. 150 Mill 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. 1. The subject property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan. The intent of this designation is to retain the existing low rise, low density residential character of the neighbourhood while allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. Furthermore, any new additions shall be appropriate in massing and scale and are compatible with the built form a character of the neighbourhood. The proposed variances will permit the creation of a multiple dwelling with three units which complies with the policies of this designation. The existing structure will remain and the addition will be contained to the rear of the property. Staff is in support of the application as it is compatible with the established neighbourhood. Based on the foregoing staff is of the opinion that the general intent of the Official Plan is maintained. 2. The requested minor variances for a lot width of 14.9 metres rather than the required 15 metres, a side yard setback of 2.9 metres rather than the required 3.0 metres, and a ground floor expansion of 95% rather than the permitted 25%, all meet the general intent of the Zoning By-law. The requests for the lot width and side yard variances all recognize an existing situation. The expansion of the gross floor area to 95% can be considered minor as the existing structure is quite small in comparison with the lot size. By allowing for an increase of 95% rather than the permitted 25% the result would allow for an addition to the building that is an appropriate size to have two additional dwelling units. It is also noted that the addition to the structure will all be at the rear of the property with the existing dwelling remaining. Staff is of the opinion that the conversion to a multiple dwelling with three units will not adversely affect the functionality of the surrounding neighbourhood, and meets the general intent of the Zoning By-law. 3. Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed multiple dwelling will not change the appearance of the existing dwelling from the street view as the addition to the structure will all be at the rear of the property, and will provide a new housing form at a scale and density that is appropriate for the context of the existing neighbourhood. 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. 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 is obtained for the addition and change of use to a triplex. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff notes that the property municipally addressed as 150 Mill Street is adjacent to the Canadian National Railway Line Cultural Heritage Landscape (CHL). However, there are no heritage planning concerns. RECOMMENDATION That minor variance application A2019-010 requesting relief from Section 39.2.4 to permit a multiple dwelling with three units with a lot width of 14.9 metres rather than the required 15 metres; a side yard setback of 2.9 metres rather than the required 3.0 metres; an expansion of 95% of the ground floor area rather whereas an expansion of 25% is permitted, be approved subject to the following conditions: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 3. That all conditions shall be completed prior to September 30th, 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. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner 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.