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HomeMy WebLinkAboutDSD-19-035 - A 2019-014 - 71 Heit LaneStaff Report R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner - 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: February 8, 2019 REPORT NUMBER: DSD -19-035 SUBJECT: Application A2019-014 71 Heit Lane 2103780 Ontario Inc. Approve 2i �G U 81 O 74 �Z. 84 `\ 8D 228 58 57 \ g1� 98 ° frs cn�e "'t�h O of <s N 55 m R.cnds�i 6 i�,ce "d,,9aoo 1 P Subject Property — 71 Heit Lane Report: Relief is being sought from two sections of the Zoning By-law 85-1 to construct a new accessory building (garage) in a similar location as a previously existing accessory building (garage) which was removed. Staff Report Development Services Department KacikmR www.kitch ener. ca Specifically, the minor variance application is seeking; - Relief from Section 5.2 to permit a lot with frontage to a lane and to recognize the yard abutting a lane as the front yard, whereas frontage to a street is required and a front yard is adjacent to a street, - Relief from Section 16A.2 to legalize an existing deficient front yard setback from a lane of 0.9 metres whereas 3.0 metres is required, - Relief from Section 16A.2 to permit a side yard setback for the proposed building of 1.0 metre whereas 1.2 metres is required, and - Relief from Section 16A.2 to permit a rear yard setback for the proposed building of 1.89 metres whereas 3.0 metres is required. Planning Comments: The subject lands are designated as City Centre District in the City's Official Plan and identified within the Urban Growth Centre (UGC) Intensification Area on the Urban Structure Map. The planned function of the UGC is to accommodate a significant share of the Region's and City's future population and employment growth. Individual properties are designated depending on the intended design character, range of uses and densities deemed appropriate for achieving the overall planned function of the UCG. This City Centre District is characterized by several large office developments and by lot sizes and assemblies of lot sizes conducive to future large scale developments. On the edge of this District there are small areas with buildings that were originally constructed as single detached dwellings but over the years have been converted to mixed use, commercial or multiple residential uses. Pedestrian -friendly development is encouraged not only on King Street but on the side streets and public lanes. Where the City Centre District interfaces with other land use Districts, as is the case with the subject lands, the building facade heights may be limited at the street line on the City Centre District side of the street and additional height may be set back from the street line facade to promote compatibility of new development. The subject lands are zoned as Commercial Residential Zone (D-5) with Special Regulation 103R which permits a maximum Floor Space Ratio of 0.4. 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. General Intent of the Official Plan The requested variances meet the general intent of the Official Plan. The policies in the City Centre District anticipate redevelopment within the UGC through large scale lot assemblies and smaller infill development on public lanes. The proposed redevelopment of an accessory building for the existing studio is similar in scale to the previous building. The scale of the development is appropriate given the surrounding land use districts, specifically being on the boundary between the Innovation and City Centre Districts. The total Floor Space Ratio (FSR) is within the permitted range for these lands. 2. General Intent of the Zoning By-law The requested variance meets the general intent of the Zoning By-law. The front yard setback is to ensure that there is a consistent and sufficient street edge addressing a street. In this case, the built form along the lane varies as developments along the lane have occurred over time. The lane serves as both the primary and secondary accesses for properties within the block. The lane is the only access for the subject lands and Staff Report Development Services Department KacikmR www.kitch ener. ca functions as the street access. The existing building predates the current setback regulations and contributes to the varied nature of the built form along the lane. The side and rear yard setbacks are to ensure that any building is adequately setback from adjacent properties. The development and redevelopment of this block has occurred over several years and the surrounding properties have intensified requiring additional on- site parking. The subject lands are surrounding by parking areas and accessory buildings for neighbouring properties and the proposed separation resembles a similar built form of the previous building. The proposed accessory building is single storey and will be setback enough that it should not have any impacts on adjacent properties. 3. Is the Variance Minor? The requested variance is minor. The proposed variances are required to legalize an existing lot, to legalize an existing building, and to permit a new building in a similar location to a previous building. The variances for the frontage on the lane and reducing the existing front yard setback will allow the building which existed prior to the current zoning by-law to be legalized. 4. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The proposed accessory building is an accessory use to the existing studio. The site will be subject to site plan approval where further technical analysis will be undertaken. Photo 1: Existing "Studio" Building, 71 Heit Lane Staff Report Development Services Department i R www.kitch ener. ca 00 Photo 2: Location of New Accessory Building, 71 Heit Lane A site visit was undertaken on February 8, 2019. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the new detached garage is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: The Engineering Division has no objections to the proposed variance. Heritage Comments: The property municipally addressed as 71 Heit Lane is adjacent to the property municipally addressed as 42 Francis Street North, which is a listed property on the City's Municipal Heritage Register. Heritage Planning staff is of the opinion that the minor variance application will not adversely impact the listed heritage property. As such, Heritage Planning staff has no concerns. Staff Report Development Services Department KacikmR www.kitch ener. ca Environmental Planning Comments: Environmental Planning Staff has no comments on the proposed application. Tree management and storm water management issues are addressed as part of the site plan approval process. RECOMMENDATION: That Application A2019-014 requesting relief from Section 5.2 to permit a lot with frontage to a lane and to recognize the yard abutting a lane as the front yard, whereas frontage to a street is required and a front yard is adjacent to a street, and requesting relief from Section 16A.2 to legalize an existing deficient front yard setback from a lane of 0.9 metres whereas 3.0 metres is required, and requesting relief from Section 16A.2 to permit a side yard setback for the proposed building of 1.0 metre whereas 1.2 metres is required, and requesting relief from Section 16A.2 to permit a rear yard setback forthe proposed building of 1.89 metres whereas 3.0 metres is required, be approved. Garett Stevenson, BES, MCI P, RPP Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo February 1, 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.: D20-01/VAR KIT GEN 1-8 Re: Committee of Adjustment Meeting on February 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2019-003 — 151 Zeller Drive, Waterloo Region District School Board 2. SG 2019-004 — 222 Chandler Drive, City of Kitchener 3. A 2019-014 — 71 Heit Lane, 2103780 Ontario Inc. 4. A 2019-015 — 66 Mt. Hope Street, Marc Gibson & Vanessa Parks 5. A 2019-016 — 36 Gordon Avenue, David & Nancy Ashley 6. A 2019-017 — 6 Pequegnat Avenue, Jackman Property Holding 7. A 2019-018 — 396 Vanier Drive, Scott Davey 8. A 2019-019 — 396 Vanier Drive, Scott Davey 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. DOCS: 2926476 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 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 February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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.