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Home My WebLink AboutDSD-19-149 - A 2019-054 - 10 Gordon Ave1 Staff Report -Ki IC HENER Community Services Department www.krtchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment June 18, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 10 June 11, 2019 DSD -19-149 A 2019-054 — 10 Gordon Avenue Owner — Claudine Boterman Applicant — Marc Boterman Refuse REPORT Planning Comments: The property is zoned R-5 with Special Provision 129U in By-law 85-1 and is designated as Low Rise Residential in the 2014 Official Plan. Staff visited the site on May 27, 2019. The owner is requesting permission to legalize an existing second driveway for single detached dwelling whereas the by-law permits a maximum of one driveway; and to have the parking space on the second driveway be a size of 2.6 metres by 5.4 metres rather than the required minimum of 2.6 metres by 5.5 metres. The applicant has advised that the second driveway has been in existence since approximately 2001. As shown on the drawing submitted with the application, a portion of the proposed parking space encroaches onto City owned land. Original driveway on left side of house; second driveway on right side of house. 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. The two proposed variances meet the general intent of the Official Plan. The subject property is designated as Low Rise Residential in the City's 2014 Official Plan. Although specific comments on driveways are not addressed in the Official Plan, the existing use as a single detached dwelling meets the intent of the designation, which encourages a full range of housing types to achieve a low-density neighbourhood The proposed variances do not meet the general intent of the Zoning By-law. The intent of the regulation restricting the number of driveways is to ensure that the streetscape is not dominated by driveways and also to ensure that sufficient on -street parking can be accommodated. The lot width for the subject property is 12.5 metres and permitting two separate driveways on a lot of this size creates a streetscape that is more dominated by driveways and vehicles parked on the driveways. Staff are typically not in support of such a request for this, or any other property of this size, as the general intent of the Zoning bylaw is not being met. It is important to note that there is no on -street parking permitted on this side of Gordon Avenue and therefore, in this instance, the second driveway does not reduce the number of on -street parking spaces available. %A� The intent of the regulation for a minimum size of parking space is to ensure that there is sufficient room for a vehicle to park without influencing the use of the sidewalk or streetscape. Normally, a request to reduce the parking space depth by 0.1 metre would not be a concern, as the reduction is minimal. However, it is noted that half of the proposed space is located on City owned lands and half of the depth is within the subject lot line. As parking spaces can be accommodated on the original driveway, staff are of the opinion that the intent of this regulation is not met because the depth of the parking space cannot be met within the property lines. The proposed variances are not appropriate for the development of the property and streetscape. As noted above, it is staffs opinion that two driveways on a lot this size; with the second driveway encroaching onto City lands would negatively affect the streetscape and therefore cannot be supported. That said the existing second driveway has been in place for approximately 20 years without incident. In addition, Transportation Planning staff has indicated no concern as this is an existing condition. Based on the foregoing, Planning staff recommends that this application be refused. However, should the Committee approve the requested variances, staff recommends that the approval be subject to a condition that an encroachment agreement from the Legal Division be obtained for the 2.7 metres of parking space depth that is located on City land. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: As this is an existing condition for many years, coupled with the neighbouring property at 14 Gordon Avenue having no objections, Transportation Services can support this application. Engineering Comments: No comments received. Heritage Planning Comments: The subject property is located adjacent to property located within the Civic Centre Neighbourhood Heritage Conservation District and is adjacent to a listed property on the Municipal Heritage Register. Based on the nature of the proposed variance, 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 10 Gordon Avenue 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. Environmental Planning Comments: As both driveways are existing and it appears no impact to street trees has occurred, environmental planning has no concerns RECOMMENDATION: That application A 2019-054 requesting permission to legalize an existing second driveway for single detached dwelling whereas the by-law permits a maximum of one driveway; and to have a parking space with a size of 2.6 metres by 5.4 metres rather than the required minimum of 2.6 metres by 5.5 metres be refused. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP 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