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HomeMy WebLinkAboutDSD-19-062 - B 2019-007, A 2018-018 & A 2019-019 - 396 Vanier DrStaff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 355 367 365 369 222 20 19 Committee of Adjustment J wR www.kitchener. ca March 19, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 3 March 5, 2019 DSD -19-062 APPLICATION #: B2019-007, A2019-018 & A2019-019 396 Vanier Drive Applicant: Lee Quaile Approve with Conditions 18 17 16 15 14 8 13 175 7 12 6 5 4 / 3 12 n9 7 48 396 C 402 406 \1&\ Subject Property 551 122 las 138 D9 142 C9 418 / B9 A3 Location Map: 396 Vanier Drive P-1 1l�m 4r� oe Severed Lands Proposed lot fabrics REPORT II Planning Comments: The subject property is designated Low Rise Residential in the City's 2014 Official Plan and zoned Residential Three Zone (R-3) in Zoning By-law 85-1. The subject property is currently developed with a single detached dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings, and low-rise multiple dwellings. Lot sizes vary in width, depth, and area in this nieghbourhood. B2019-007 - The Owner is requesting permission to sever the subject lands into two lots with the intent to develop the severed lands with a single detached dwelling. The severed lot would have a lot width of 12.5 metres, a depth of 24.38metres, and an area of 304.75 square metres. The retained lot would have a lot width of 21 metres, a depth of 24.38 metres, and an area of 512.467 square metres. In addition, the Owner has submitted the following minor variance applications: 2 A2019-018 (Severed Parcel) - The owner is requesting relief from Section 37.2.1 of the Zoning By-law to permit a lot width of 12.5 metres, whereas the zoning by-law requires a minimum lot width of 13.7 metres and requesting additional relief from Section 37.2.1 to permit a lot area of 304.75 square metres, whereas the zoning by-law requires a minimum lot area of 411 square metres. A2019-019 (Retained Parcel) - The owner is requesting relief from Section 37.2.1 of the Zoning By-law to allow a rear yard setback of 3.76 metres rather than the required 7.5 metres for the existing single detached dwelling on the retained lands. City Planning staff conducted a site inspection of the property on January 18, 2019. Existing single detached dwelling at 396 Vanier Drive Consent Application — B2019-007 With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. While the retained and severed lands require minor variances, Planning staff is of the opinion that the size, dimension and shape of the proposed lots are 3 suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full municipal services are available. The proposed lots conform to thh Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Application B2019-007, requesting consent to sever the subject property into two lots to be approved, subject to the conditions listed in the Recommendation section of this report. Minor Variance Application — A2019-018 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. Does the proposal maintain the general intent and purpose of the Official Plan? The requested variances meet the general intent of the Official Plan. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however 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 such as single detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staff's opinion that the proposed variance meets the general intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The minor change to the lot area and lot width will maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variances meet the general intent of the Official Plan. 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The requested variances to permit reduced lot areas of 304.75 square metres whereas 411 square metres is required, and a reduced lot width of 12.5 metres whereas 13.7 metres is required meets the general intent of the Zoning By-law. The purpose of the minimum 411 square metres lot area requirement and the minimum 13.7 metres lot width requirement is to ensure the lot is of adequate size to support a building envelope and parking, as well as to provide adequate amenity space on site. A concept sketch demonstrates that a future single detached dwelling can meet all other zoning regulations with regards to setbacks, parking, building height, lot coverage. As such, staff is satisfied the reduction of 101 square metres from the lot area and reduction of 1.2 metres of the lot width meet the general intent of the Zoning By-law. 3. Is the proposal desirable for the appropriate development or use of the land? The requested variances are appropriate for the development and use of the land. The development of these properties will be sympathetic to the surrounding area and bring a new context -appropriate unit type to the neighbourhood. 4. Is the proposal minor? The variances can be considered minor as the proposed single detached dwelling reduced lot area and lot widths will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed new single detached dwellings use will provide a new housing form at a scale and density that is appropriate for the context of the existing neighbourhood, which consists of single detached dwellings and multiple dwellings. Minor Variance Application — A2019-019 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. Does the proposal maintain the general intent and purpose of the Official Plan? The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however 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 such as single detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staff's opinion that the proposed variance meets the general intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The minor change to the lot area and lot width will maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance meets the general intent of Official Plan. 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The requested variance to reduce the rear yard setback from 7.5 metres to 3.76 metres meets the general intent of the Zoning By-law. While the affected lot line is technically considered the rear yard, it functions and looks like an interior side yard, where a lessor setback is quite typical. The intent of this setback regulation is to provide appropriate separation between buildings on neighbouring properties. In this case, because the setback functions as a side yard, the appropriate setback is a side yard type of setback. The proposed interior 5.0 metre side yard setback that functions as a rear yard is sustainably wide and will provide sufficient and adequate amenity space as well as an appropriate separation between the existing single detached dwelling on the retained lands and the future dwelling on the severed lands. As such, staff is satisfied the request variance meets the general intent of the Zoning By-law. 3. Is the proposal desirable for the appropriate development or use of the land? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The scale, massing and height of the subject addition and will not negatively impact the existing character of the subject property or surrounding neighbourhood. 5 4. Is the proposal minor? The reduction of the rear yard setback is considered minor. Staff is of the opinion that the requested variance will continue to provide adequate amenity space and will not negatively affect the adjacent properties or surrounding neighbourhood. Based on the foregoing, Planning staff recommends that these applications 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 applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. A separate building permit will be required for the removal of the attached garage on the retained property. A separate building permit will be required for the construction of the new residential building. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Separate building permit(s) will also be required for the construction of any new residential buildings Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: Standard condition on both the severed and retained lands to enter into an agreement to complete Tree Preservation / Enhancement Plan prior to demolition of the attached garage or construction of the new legal parking space. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson (519-741-2200 ext. 7133). L • Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel a new development lot will be created. The cash -in -lieu dedication required is $5,750.00 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (12.5m) at a land value of $9,200 per frontage meter. RECOMMENDATIONS: That Application A2019-018, requesting relief from Section 37.2.1 of the Zoning By-law to permit a lot width of 12.5 metres whereas the zoning by-law requires a minimum lot width of 13.7 metres and requesting additional relief from Section 37.2.1 to permit a lot area of 304.75 square metres for whereas the zoning by-law requires a minimum lot area of 411 square metres be approved. That Application A2019-019, requesting relief from Section 37.2.1 of the Zoning By-law to allow a rear yard setback of 3.76 metres rather than the required 7.5 metres. be approved. III. That Application B2019-007, requesting consent to sever the subject property into two lots be approved, subject to the following conditions: That Minor Variance Applications A2019-018, & A2019-019 receive full and final approval; 2. That the owner obtains a building permit for the removal of the attached garage on the retained property. 3. That the following the demolition of the attached garage the owner obtains a curb cutting permit and a constructs a legal parking space on the retained lands that meets applicable Zoning Regulations to the satisfaction and approval of the City's Director of Planning. 4. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 7 5. 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 severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 6. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $5,750.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 7. That the owner provide a digital file of the deposited reference plan(s) prepared by an That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 8. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 9. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and retained. 10. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 11. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 12. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 13. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street E-' 14. a) That the owner shall complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall addresses items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. 15. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner E Region of Waterloo File No. D20-20/19 KIT March 12, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 B2019-007 396 Vanier Drive Scott Davey PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2019-007 to B2019-010 Committee of Adjustment Hearing March 19, 2019 CITY OF KITCHENER The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 130 metres away from Courtland Avenue Document Number: 2954765 Version: 1 (RR#53) and the CN Railway mainline / yard. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-008 50 and 52 Breckenridge Drive V and S Developments Limited The owner/applicant is proposing to split an existing semi-detached dwelling into two parts. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 100 metres away from River Road East. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-009 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to split an existing parcel. The existing residence and garage are to be removed and a new residential dwelling will be constructed on each parcel. Document Number: 2954765 Version: 1 Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are located about 77 metres away from Westmount Road (RR#50). Noise would be mitigated by the intervening land uses between the proposed development and the road. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-010 50 Roos Street Raymond and Sharon Bonnell The owner/applicant is proposing to severance at 50 Roos Street to facilitate a lot addition to 56 Roos Street. Regional staff has no objection to the subject application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, /M, Me k- Matthew Colley Planner Document Number: 2954765 Version: 1 Region of Waterloo February 27, 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, Sth 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.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — No Concerns. 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. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 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: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, CPT 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. Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 February 1, 2019 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 E-mail Only: Holly Dyson — holly.dyson @ kitchener.ca Subject: Application for Consent B2019-007 396 Vanier Drive Kitchener Bell File: 519-19-119 Tel: 705-722-2264 Fax: 705-722-2263 E-mail: charleyne.hall@bell.ca Bdi Thank you for your correspondence dated February 1, 2019. Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red line indicates the approximate location of active, critical infrastructure. Located on the property of 396 Vanier Drive, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption or emergency that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 3m wide strip to measure 1.5m on either side of the buried installation to extend from the buried cable to a minimum of 1 m past any existing installations, as reasonably permitted. In regards to the buried plant, it may be necessary for a surveyor to arrange for a cable locate to identify its precise location. Since the easement is required to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me. Sinc .rely, Pa# r"' Vharleyne Hall Right of Way Associate cv v