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Home My WebLink AboutDSD-19-037 - A 2019-016 - 36 Gordon AveStaff Report Development Services Department 1 R www.ki tch en er. c a 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: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: February 8, 2019 REPORT #: DSD -19-037 SUBJECT: A2019-016 — 36 Gordon Avenue Applicants — David & Nancy Ashley Approved with Conditions Location Map: 36 Gordon Avenue *** 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 36 Gordon Avenue is zoned Residential Five (R-5) with Special Use Regulation 129U, and designated Low Rise Conservation A in the Central Frederick Neighbourhood Secondary Plan of the City Official Plan. The applicant is requesting permission for an existing duplex to allow one of the required off-street parking spaces to be 2.6m by 4.6m rather than the permitted 2.6m by 5.5m, and to allow the parking space to encroach onto City lands. City Planning staff conducted a site inspection of the property on February 4, 2019. 36 Gordon 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. General Intent of Official Plan 1. The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Conservation A in the Central Neighbourhood Secondary Plan. The intent of this designation is to retain the existing low rise, low density residential character of the neighbourhood. The designation permits low density forms of housing such as duplex dwellings and encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. As there is not sufficient space, and safety concerns to park two vehicles in the rear yard, 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 the streetscape. The depth of the space will be 1.0 metre shorter that what is required. However there is still sufficient space between the property line and the sidewalk to accommodate a 1.0 metre encroachment in order for a standard residential vehicle to park without overhanging the sidewalk. As such, staff is satisfied the requested variance to reduce the parking space size to 4.6 x 2.6 metres meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the 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 parking space will not change the appearance of the existing dwelling and will not impact the existing neighbourhood. Application in Appropriate 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. t 1 1 r j 1 � � t e." } t)F l+� i't k Location of proposed driveway and parking space I AL _tt'PrJLn IM.; I A-5 H r^'G i A s1E F� AUa T - t 1 1 r j 1 � � t e." } t)F l+� i't k Location of proposed driveway and parking space 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. Transportation Services Comments: Transportation Services will support the requested variance, provided that the applicant enters into an encroachment agreement with the city. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this application. 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 and inventory. The CHLS was the first step of a phase Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 36 Gordon Avenue is advised that the property is located within the Central Frederick 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. RECOMMENDATION That minor variance application A2019-016 requesting permission for an existing duplex to have one of the required off-street parking spaces to be 2.6m by 4.6m rather than the permitted 2.6m by 5.5m, and to allow the parking space to encroach onto City lands, be approved subject to the following conditions: 1. The driveway be resurfaced with a consistent material to the satisfaction of the Director of Planning. 2. That grass be reinstated in the front yard area to the satisfaction of the Director of Planning. 3. A curb cutting permit for the driveway widening be issued by the Engineering Division of the City of Kitchener if required. 4. That the owner shall enter into an encroachment agreement for the parking space with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 5. That the above noted conditions shall be completed prior to October 31St, 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 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.