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Home My WebLink AboutDSD-19-165 - A 2019-061 - 15 Peter StREPORT TO:Committee of Adjustment DATE OF MEETING:July 16, 2019 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Tim Seyler, Junior Planner–519-741-2200 ext. 7860 WARD:9 DATE OF REPORT:July 5, 2019 REPORT #:DSD-19-165 SUBJECT:A2019-061–15 Peter Street Applicants –Matthew Warzecha, GSP Group Inc.on Behalf of Brian Lapointe Approved withconditions Location Map: 15 Peter Street *** This information isavailable 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 15 Peter Street iszoned Residential Seven(R-7),with Special Regulation 136Randdesignated Low Rise Multiple Residential in the Cedar Hill Neighbourhood Secondary Plan of the CityOfficial Plan .The applicant is proposing toconvert asingle detacheddwelling to a Multiple dwelling with 3 units and cannotmeet the requirements of Section 41.2.6of the Zoning By-law. The applicant is requesting relief to permit the following: a) To contain a multiple dwelling with a lot width of 11.9 metres rather than the required 15 metres; b)A front yard setback of 3.2 metres rather than the required 4.5 metres; c) A rear yard setback of 6.7 meters rather than the required 7.5 metres; Further relief is being sought from Section 6.1.2 a) to reduce the required parking to 0.33 spaces perunit whereas 1.0 spaces per unit is required. City Planning staff conducted a site inspection of the property on July 4, 2019. 15 Peter 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 offersthe following comments. General Intent of Official Plan 1.The subject property isdesignated Low RiseMultipleResidential in the Cedar Hill Neighbourhood Secondary Plan. The intent of this designation is toencourage a range of different forms of housing to achieve a lowdensity neighbourhood.The requested variancesto legalize the existing setbacks areappropriate and continues to maintain the low density character of the property and surrounding neighbourhood.Staff is in support of the application as it is compatible with the established neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2.The requested minor variances for a lot width of 11.9 metres rather than the required 15 metres, a front yard setback of 3.2 metres rather than the required 4.5 metres, and a rear yard setback of 6.7m rather than the required 7.5m, all meet the general intent of the Zoning By-law. The requests for the lot width and front and rear yard variances all recognize an existing situation. The applicant has advised that all renovation work will be internal to the building and there will be no exterior modifications. The requested minor variance to reduce the required parking to 0.33 spaces per unit whereas 1.0 spaces per unit is requiredis warranted as theproperty cannot provide 3legal parking spaces on site. Staff is of the opinion that when the conversion is complete and occupancy is permitted that future tenants are to be formally advised, that there is no parking for 2 of the units. Staff also notes that on-street parking is available on nearby side streets which can help accommodate occasional parking. Furthermore,the property is located within 500 metres of both the Queen Street and Cedar Street IONlight rail stations. The proximity to these stations provides an alternative mode of transportation to the future tenants. It is the opinion of staff that the required variances meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the requested variances areminor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed reduction in the lot width and side and rearyard setbackswill be negligible due to the fact they recognize an existing situation. Application in Appropriate 4.Thevarianceisappropriate 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 beapprovedsubject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to change the use into a triplex and is currently under review Transportation Services Comments: As this is an existing condition, coupled with the location to the downtown and ION Rail stations, Transportation Services can support the proposed reduced parking rate for the triplex use. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planningstaff has reviewed the minor variance application and do not have any concerns. Please note that 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 15 Peter Street is located within the Cedar Hill 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. RECOMMENDATION That minor variance application A2019-061requesting permission to permit a multiple dwelling with 3 units to have a lot width of 11.9m rather than the required 15m; a front yard setback of 3.2m rather than the required 4.5m; a rear yard setback of 6.7m rather than the required 7.5m and to reduce the required parking to 0.33 spaces per unit whereas 1.0 spaces per unit is required, be approvedwith conditions: 1.That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. st 2.That all conditions shall be completed prior to May 1, 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, BES, 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.