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HomeMy WebLinkAboutDSD-19-119 - A 2019-048 - 28 Stirling Ave SStaff Repod Development Services Department 1 w www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner— 519-741-2200 ext. 7987 WARD: # 9 DATE OF REPORT: May 13, 2019 REPORT #: DSD -19-119 SUBJECT: A2019-048 — 28 Stirling Avenue South Owner — Terry Ferguson Recommendation — Approve 2 / r 1 21 22 23 !r` v .762 ' 778 `7A35 �• ~1-�� I *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 787 Location Map — 28 Stirling Avenue South *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 787 � a 3j S 0 ED E IE 11•' J 1P... � ,.�� •a� fr ��'�; 1�i fi L REPORT Planning Comments: The subject property is located at 28 Stirling Avenue South as shown on the Location Map. The property contains a dwelling which has been used as a lodging house since 1989, however was not licensed. A new owner has recently acquired the property and wishes to formally register the dwelling as a legal, licensed lodging house as required by the City. In order to facilitate the licensed lodging house three minor variances are required: 1. Relief from s. 5.17A to permit a Lodging House to be 380 metres from the closest Lodging House rather than 400 metres, 2. Relief from s. 55.2.1 to permit a minimum lot width of 14.2 metres rather than 15 metres 3. Relief from s. 6.1.2.a) to permit a Lodging House having 95 square metres of gross floor area devoted to lodging units to have 3 parking spaces rather than 4. 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 offer the following comments. General Intent of the Official Plan (Variances 1, 2 & 3) The subject lands are designated Mixed Use Corridor in the King Street East Secondary Plan (1994 Official Plan). The intent of this designation is to recognize the evolution of uses along major corridors in the inner city, provide residential redevelopment opportunities, and to support intensification and provide a balanced distribution of commercial, multiple residential and institutional uses. The requested variances support the legalization of a more intensive residential use in an existing building, and staff is of the opinion that the general intent of the Official Plan is maintained. Variance 1: distance separation General Intent of the Zoning By-law The intent of a minimum distance separation between lodging houses is to ensure a balanced distribution of this use throughout the City, avoiding an over concentration within a particular geographic area. Staff is of the opinion that the proposed variance to permit a 380 metres separation distance continues to ensure that lodging houses are distributed throughout the City. Is the Variance Minor? Staff is of the opinion that the variance is minor. The next nearest licensed lodging house is located 380 metres away from the subject site, representing a 20 metre deficiency. Staff is of the opinion that the 20 metres is a negligible difference. Is the Variance Appropriate? Staff is of the opinion that the variance is appropriate. Staff is aware that the subject site has operated as a lodging house since 1989, by a previous owner. The current owner wishes to legalize the property in order to be able to obtain the required Lodging House License, which benefits the City, nearby property owners, and tenants by providing for annual inspections and other measures which maintain and ensures that building safety and property standards are met. Variance 2: lot width General Intent of the Zoning By-law The subject lands are zoned High Intensity Mixed Use Corridor Zone (M-3). The intent of the minimum lot width requirement of 15 metres is to ensure that there is sufficient space for a driveway between the building and side lot line, and sufficient width on the lot to accommodate a parking area in the rear yard. The subject lot has flankage on Stirling Lane, and therefore can use the lane for access to the required parking, which in this case is accommodated on a driveway. Further, staff notes that the driveway is 8.5 metres wide which comfortably accommodates 3 parking spaces (note: variance 3 is requesting a reduction in parking from 4 spaces to 3). Further, as the driveway leads directly to the rear yard from the lane, the driveway width is permitted, and (subject to approval of variance 3) three spaces does not constitute a parking lot, and therefore vehicles are permitted to back -out onto the lane. This is the current configuration of the parking area, and is shown in Photo 2. Given that the lot width is existing, that the parking area is located wholly in the rear yard (subject to the reduction to required spaces) and continues to function legally, staff is of the opinion that the general intent of the by-law is maintained. Is the Variance Minor? The lot, building location and parking orientation is existing and not proposed to change. The reduction to lot width will legalize an existing lot and the required facilities including parking are accommodated, and staff is of the opinion that the variance is minor. Is the Variance Appropriate? Staff is of the opinion that the variance is appropriate for the development and use of the lands. The lot and its current width are existing, the subject dwelling has been used as a lodging house for many years and the current owner wishes to legalize the use in order to obtain the proper license. Variance 3: parking reduction General Intent of the Zoning By-law The intent of the parking regulation is to ensure sufficient parking is provided for the proposed use. The owner is proposing to reduce the number of required parking spaces from 4 to 3. Parking for lodging houses is calculated at 1 space per 25 m2 of the floor area of the lodging units. The applicant has indicated that 95m2 of floor area is occupied by the lodging units resulting in the following parking calculation: 95/25 = 3.8 which rounds up to 4 spaces. The subject lands are located in a Mixed Use Corridor and in an area well served by public transit, and walkable to many services. Most uses in the MU -3 zone enjoy a reduced parking ratio of 30%. This does not apply to residential uses which typically have a set rate of one space per dwelling unit, which is a reduction from other residential parking rates. However, the parking rate for a lodging house, while a residential use, is not calculated on a per unit basis, but on a square meter basis. The Zoning by-law's intent is to allow for reduced parking in Mixed Use Zones for all uses, however lodging houses are an anomaly and do not benefit from any reduction (as it is residential, but not calculated on a per unit basis). Based on the 30% reduction afforded to non-residential uses in the MU -3 zone 3 spaces would be required for a use otherwise requiring 4 spaces (4 @ 70% = 2.8 which rounds up to 3). Based on the foregoing, staff is of the opinion that the general intent of the by-law is maintained. Is the Variance Minor? As articulated above, the proposed reduction is consistent with the MU -3 reduction provided to other uses within this zone. Further, through the Council approved CRoZBY a minimum parking rate of 1 space per 63 m2 of gross floor area (GFA) is required. In correspondence to staff, the applicant has indicated that the entire dwelling has a GFA of 167.3 m2 resulting in the following parking calculation: 167.3/63 = 2.6 which rounds up to 3 spaces required. Staff expects that CRoZBy parking rates will generally be extended to lands located within Secondary Plan areas as part of the Neighbourhood Planning Review process. At such time as this is completed, the parking rate for lodging houses is anticipated to require 3 spaces for the subject site. Based on the foregoing, staff is of the opinion that the variance is minor. Is the Variance Appropriate? The subject site is located in a Mixed Use Corridor, in close proximity to a Rapid Transit Station (Borden station is location within about 280 metres of the subject site.) There are currently three parking spaces located within the existing parking/driveway area and this appears to have functioned appropriately for this use for a number of years. It is the intent of the Zoning By-law to allow parking reductions for all uses in Mixed Use areas, as described above, and the future zoning regulations anticipate a lower rate for the subject site. Based on the foregoing, staff is of the opinion that the proposed variance is appropriate for the development and use of the lands. Based on the foregoing, staff recommends that the proposed minor variance be approved. Building Comments: The Building Division has no objections to the proposed variance. The Owner is advised that building and/or fire approvals for the change of use into a lodging house may be required. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Given the existing nature of the site and the proximity to alternative transportation options, Transportation Services has no concerns with the proposed application. Engineering Comments: Engineering has no concerns with the subject application. RECOMMENDATION That application A2019-048 requesting relief from s. 5.17A to permit a Lodging House to be 380 metres from the closest Lodging House rather than 400 metres; from s. 55.2.1 to permit a minimum lot width of 14.2 metres rather than 15 metres; and from s. 6.1.2.a) to permit a Lodging House having 95 square metres of gross floor area devoted to lodging units to have 3 parking spaces rather than 4, be approved. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo May 03, 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.: D20-20/VAR KIT GEN (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt Street 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority.