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Home My WebLink AboutDSD-19-164 - A 2019-060 - 72 Archer PlaceREPORT TO:Committee of Adjustment th DATE OF MEETING:July 16, 2019 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Eric Schneider, Junior Planner–519-741-2200 ext. 7843 WARD:1 th DATE OF REPORT:July 8,2019 REPORT #:DSD-19-164 SUBJECT:A2019-060–72 Archer Place Applicant –Pierre Chauvin, MHBC Planning Recommendation: Approvewith condition Location Map: 72 Archer Place REPORT Planning Comments: The subject property located at 72 Archer Placeis zoned Residential ThreeZone (R-3)in the Zoning By-law 85-1.The property is designated LowRise Residentialin the Official Plan.Staff th conducted a site inspection of the property on June 14,2019. The applicant isrequesting to legalize the use of the property as a triplex, whereas amultiple dwellingis not a permitted use in the zone. The applicant is also requesting permission to *** This information is available inaccessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. legalize a side yard setback of 0.66 metresrather than the minimum 1.2 metre side yard setback. The applicant is also requesting relief from section 6.1.1.1 d) i) to allow parking to be located between the façade and the street line, within the minimum side yard setback. The applicant has submitted a site plan application for the triplex use that is currently under review. th View of ExistingBuilding(June 14, 2019) 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 offersthe following comments. Addition of Use (Triplex) General Intent of the Official Plan 1.The requested variance meets the general intent of the 2014 Official Plan. The Official Plan encourages redevelopment that provides for an appropriate range, variety and mix of housing types to satisfy the varying housing needs of the community. In addition, it encourages the retention and rehabilitation of existing housing to maintain the housing stock, stability, and community character of established residential neighbourhoods. General Intent of the Zoning By-law 2.The requested variance meets the general intent of the Zoning By-law. The property has been used as a triplex previously and functioned without issue.The general intent of the Zoning By-law is to provide for overall low density uses in the zone. Staff is of the opinion that adding one additional unit above the maximum of 2 (duplex) in this zone will still provide for a low density use and will therefore meet the general intent of the Zoning By-law Is the Variance Appropriate? 3.The triplex use is appropriate for the neighbourhood. The applicant does not propose any alterations to the building or the site, as sufficient parking exists. The use of triplex is a low density use and can be considered appropriate in this low density neighbourhood. Is the Variance Minor? 4.The variance is consideredminor. The addition of 1 unit is a small increase and is not expected to cause adverse impacts. The site conditions allowing for 3 units are already existing. Side Yard Setback General Intent of the Official Plan 1.The requested variance meets the general intent of the 2014Official Plan. The Official Plan encourages retention of older housing to maintain community character. The existing side yard setback represents an existing condition from when the home was builtwhile the neighbourhood was developed in the 1950s. Therefore, the requested variance to legalize the side yard setback meets the general intent of the Official Plan. General Intent of the Zoning By-law 2.The requested variance meets the general intent of the Zoning By-law. Theregulation that requiresa 1.2 metre side yard setback is intended to provide adequate separation and access to the rear yard. The subject property is a corner lot, so there is abundant space for access to the rear yard on the exterior side lot line facing Lyndhurst Street. The 0.66 metre side yard abuts a driveway on the adjacent lot at 78 Archer Place, which provides for adequate separation of buildings. Staff hasno concerns with the existing side yard setback and are of the opinion that it meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3.The proposed varianceis considered desirable and appropriate for the development and use of the lands. The side yard setback represents an existing condition since construction of the dwelling over 60 years ago. Therefore, Staff considersthe existing condition to be appropriate. Is the Variance Minor? 4.The variance is consideredminor. The requested variance represents a small decrease in setback and a condition that is existing. Parking Location General Intent of the Official Plan 1.The requested variance meets the general intent of the 2014 Official Plan. The Official Plan encourages retention of older housing to maintain community character. The driveway location represents an existing situation that is part of the community character. Therefore, the requested variance is requesting to keep the location of the driveway and meets the general intent of the Official Plan. General Intent of the Zoning By-law 2.The requested variance meets the general intent of the Zoning By-law. The regulation that prohibits required parking between the façade and the street line, andwithin the side yard setback isintendedto effectively screen parking and discourage parking from being a dominant feature on the streetscape. In this situation, thedriveway is existing and functions just as a 3 car wide driveway would for a single detached or duplex dwelling. Staff would not like to see the parking pushed back behind the building in this situation, as this would create a large paved area that would encompass the full width of the lot, thereby creating a more dominant parking area that would diminish the look of the streetscape, as well as reduce the amenity space on site. Staff isof the opinion that the current driveway location is the best way to ensure that parking is not a dominant feature in the streetscape and therefore the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3.The proposed variance is considered desirable and appropriate for the development and use of the lands. Staff prefers the current location of the driveway in order to minimize impervious surface on site, preserve amenity space, and ensure that parking areas are not dominant to the streetscape. Is the Variance Minor? 4.The variance is considered minor. No impacts are expected as the driveway location is currently existing. Building Comments: The Building Division has no objections to the proposed variance provided the building permit for the change of use into a triplexis obtained to legalize the existing use. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services hasno concerns with the proposed application. Heritage Planning Comments: Heritage Planningstaff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That application A2019-060requesting permission to convert an existing duplex into a triplex having an existing southerly side yard setback of 0.66m rather than the required 1.2m; having the required 3 parking spaces located within the minimum side yard abutting Lyndhurst Drive whereas the By-law does not permit parking within the side yard; and, to permit a Triplex use whereas the By-law does not currently permit a Triplex in the existing zone be approved , subject to the following condition: 1. That the owner obtain an Occupancy Certificate to the satisfaction of the Director of st Planning prior to December 31, 2019. _____ Eric Schneider, BES Juliane von Westerholt,B.E.S., MCIP, RPP Junior Planner Senior Planner July 05, 2019 Holly Dyson City of Kitchener File No.: D20-20/VAR KIT GEN 200 King Street West (7) /08 KING KIT, SPORTSWORLD CROSSING AND P.O. Box 1118 CHRISTIAN HORIZIONS Kitchener, ON N2G 4G7 (10, 11) /12, Charlie Ormston Dear Ms. Dyson: Re: Committee of Adjustment Meeting on July 16, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-014 150 Pioneer Drive No Concerns. 2. SG 2019-015 2960 Kingsway Drive No Concerns. 3. A 2019-059 364 Heritage Drive No Concerns. 4. A 2019-060 72 Archer Place No Concerns. 5. A 2019-061 15 Peter Street No Concerns. 6. A 2019-062 920 Keewatin Place No Concerns. 7. A 2019-063 4278 King Street East No Concerns. 8. A 2019-064 452 Prospect Avenue No Concerns. 9. A 2019-065 456 Prospect Avenue No Concerns. 10. A 2019-066 to 073 74 to 122 Monarch Woods Drive No Concerns. 11. A 2019-074 to 081 110 to 140 Ian Ormston Drive No Concerns. 12. A 2019-082 83 Elmsdale 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЉЎЉАЊЌ tğŭĻ Њ ƚŅ Ћ 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 N1R 5W6 Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: July 5, 2019 See below Applications for Minor Variance: RE: SG 2019-015 2960 Kingsway Drive A 2019-059 364 Heritage Drive A 2019-060 72 Archer Place A 2019-061 15 Peter Street A 2019-062 920 Keenwatin Place A 2019-063 4278 King Street East A 2019-064 452 Prospect Avenue A 2019-065 456 Prospect Avenue A 2019-066 to 073 78, 84, 86, 94, 104, 112, 114, 122 Monarch Woods Drive A 2019-074 to 081 110, 116, 118, 124, 126, 132, 134, 140 Ian Ormston Drive A 2019-082 83 Elmsdale Drive Applications for Consent: B 2019-025 4283 King Street East B 2019-026 4285 King Street East B 2019-029 4278 King Street East B 2019-030 452 Prospect Avenue B 2019-031 456 Prospect Avenue B 2019-032 to 042 78, 84, 86, 94, 104, 112, 114, 122 Monarch Woods Drive B 2019-043 to 050 110, 116, 118, 124, 126, 132, 134, 140 Ian Ormston Drive B 2019-051 to 054 83 Elmsdale Drive 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, Trisha Hughes Resource Planner Grand River Conservation Authority Page 1 of 1 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.