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HomeMy WebLinkAboutDSD-19-022 - A 2019-012 - 50 Moore AveStaff Report i\1 R Community Services Department www.ki[chenercv REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment January 15, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 10 January 7, 2019 DSD -19-022 A 2019-012 — 50 Moore Avenue Owners — Catherine DeBrabandere and David van Shaik Approval with Conditions w .,F REPORT Planning Comments: The property is zoned Residential Five (R-5) with Special Provision 129U in By-law 85-1 and is designated as Low Rise Residential in the 2014 Official Plan. Staff visited the site on January 7, 2019. The owner is requesting to legalize an existing duplex to have one parking space instead of the required two spaces and for the parking space to be located 0 metres from the front lot line rather than the required 6 metres setback. It is noted that the duplex use may have existed prior to 1962 when there was no minimum parking space requirement. However, there are no City records indicating it was a legally established use, nor if it has been consistently occupied as a duplex since that time. This variance would legalize the parking for a duplex use which is a permitted use in the Zoning By-law. x Photo 1: 50 Moore Avenue 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. 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, the 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 meet the general intent of the Zoning By-law and can be considered minor. As there is not sufficient setback at the side of the house to develop a driveway/parking space, the request for creating one legal space in front of the dwelling and to have it located less than 6 metres from the front lot line is considered appropriate for the property and for the streetscape. The existing parking area encroaches onto City land and the total depth of the driveway/parking space is 6 metres when the encroachment is taken into consideration. This distance is sufficient to accommodate a standard residential vehicle without overhanging onto the sidewalk. The proposed parking variances are appropriate for the development of the property and streetscape. As this is an older area, other properties in the neighbourhood have driveways with widenings that are located up to the property line and therefore have parking adjacent to the front lot line. It is noted that the parking area as shown in Photo 1 has existed since prior to 2003 (from the earliest available aerial photo) and the porch appears to have been modified at some time in the past to accommodate the existing parking area. The requested variance is appropriate for the subject property and surrounding streetscape and staff have no concerns with this request. 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 provided a building permit is obtained to legalize the existing duplex. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Being that this is an existing condition, Transportation Services can support the proposed application. Prospective tenants will have to be notified that there is only one parking space on-site. Engineering Comments: No concerns. Heritage Planning Comments: Heritage Planning staff notes that the property municipally addressed as 50 Moore Avenue is adjacent to 58 Louisa Street which is a listed property on the Municipal Heritage Register, however Heritage Planning staff has no concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 50 Moore Avenue is advised that the property is located within the Mt. Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No concerns due to nature of the application. RECOMMENDATION: That application A 2019-012 requesting to legalize an existing duplex to have one parking space instead of the required two spaces; for the parking space to be located 0 metre from the front lot line rather than the required 6 metres setback be approved subject to the following conditions: 1) That an encroachment agreement be obtained for the parking space from the Legal Division; 2) That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands agreeing to include a provision in all rental or lease agreements for the dwelling units advising all tenants that there is only one parking space provided on site; 3) That a building permit for the duplex use be submitted to the Building Division; and, 4) That conditions 1 to 3 noted above be completed by August 1, 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 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.