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Home My WebLink AboutDSD-19-148 - A 2019-053 - 99 College StStaff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: I www.ki tch en er. ca Committee of Adjustment June 18, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 10 June 7, 2019 DSD -19-148 A2019-053 — 99 College Street Applicants — 627220 Ontario Inc. Approved with Conditions Location Map: 99 College Street *** 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 99 College Street is zoned Commercial Residential Three (CR -3), with special holding provision 16H. It is designated High Density Commercial Residential in the Civic Centre Neighbourhood Secondary Plan of the City Official Plan. The applicant is requesting relief from Section 46.3 of the Zoning By-law to legalize both a lot width of 13.41 metres, whereas 15 metres is required, and an existing setback of 1.05 metres whereas 1.2 metres is required for a multiple dwelling. City Planning staff conducted a site inspection of the property on May 24, 2019. 99 College Street 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 subject property is designated High Density Commercial Residential in the Civic Centre Neighbourhood Secondary Plan. The intent of this designation is to permit a mix of high density residential uses such as multiple dwellings. The proposed variances will permit the creation of a multiple dwelling with four units and legalize the existing setbacks which complies with the policies of this designation. The existing structure will remain and the required parking will be located within the rear yard. Staff is in support of the application as it is compatible with the established neighbourhood. Based on the foregoing staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of Zoning By-law 2. The requested minor variances for a lot width of 13.41 metres rather than the required 15 metres and for a side yard setback of 1.05 metres rather than the required 1.2 meets the general intent of the Zoning By-law. The requests for the lot width and side yard variances recognize an existing situation. The applicant is proposing to add a unit to an existing multiple dwelling with 3 units to create a multiple dwelling with 4 units. All renovations will be to the interior of the building with no changes to the exterior of the building. Staff is of the opinion that the conversion to a multiple dwelling with four units will not adversely affect the functionality of the surrounding neighbourhood, and meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that 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 multiple dwelling will not change the appearance of the existing dwelling and will provide a new housing form at a scale and density that is appropriate for the context of 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. 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 provided the building permit for the change of use into a 4 unit apartment building is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: No environmental planning concerns due to the nature of the application. Heritage Comments: The subject property is designated under Part V of the Ontario Heritage Act and located within the Civic Centre Neighbourhood Heritage Conservation District. No exterior alterations are proposed, and the proposed variance will not have impact on the integrity of the subject property, the College Street streetscape, or the heritage conservation district as a whole. As such, Heritage Planning staff has no concerns. In addition, 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 applicant is advised that the property municipally addressed as 99 College Street is located within the Civic Centre Neighbourhood HCD 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 items for each CHL with specific conservation options. RECOMMENDATION That minor variance application A2019-053 requesting relief from Section 46.3 to permit a multiple dwelling with three units with a lot width of 13.41 metres rather than the required 15 metres and a side yard setback of 1.05 metres rather than the required 1.2 metres; be approved subject to the following conditions: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 3. That all conditions shall be completed prior to May 1St, 2020. 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 Juliane von Westerholt, MCIP, RPP Junior Planner Senior Planner Region of Waterloo June 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 (7) 15 KING KIT, HIP DEVELOPMENT (8) 55, WEICHEL STEET 1917171 Ontario Inc. Re: Committee of Adjustment Meeting on June 18, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-012 — 1250 Victoria Street South — No Concerns. 2. SG 2019-013 — 525 Highland Road West— No Concerns. 3. A 2019-052 — 284 Mausser Avenue — No Concerns. 4. A 2019-053 — 99 College Street — No Concerns. 5. A 2019-054 — 10 Gordon Avenue — No Concerns. 6. A 2019-055 — 277 Field Sparrow Crescent—No Concerns. 7. A 2019-056 — 741-751 King Street West — No Concerns. 8. A 2019-057 — 152 Weichel Street — No Concerns. 9. A 2019-058 — 137 Glasgow 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Document Number: 3026277 Page 1 of 2 Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman(u-)grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: June 10, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-013 525 Highland Road West A 2019-038 128 Mill Street A 2019-052 284 Mausser Avenue A 2019-053 99 College Street A 2019-054 10 Gordon Avenue A 2019-055 277 Field Sparrow Crescent A 2019-056 741-751 King Street West A 2019-057 152 Weichel Street A 2019-058 137 Glasgow Street Applications for Consent: B 2019-014 128 Mill Street B 2019-024 209-211 Heiman 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. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority xThese 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