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HomeMy WebLinkAboutDSD-19-202 - B 2019-057 & A 2019-091 - 45 & 47 Heiman StStaff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: AOL.,& J wR www.kitchener. ca Committee of Adjustment August 20th, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 9 August 12th, 2019 DSD -19-202 APPLICATION #: A2019-091 & B2019-057 45 & 47 Heiman Street Applicant: Ned Krayishnik Approve with conditions Location Map: 45 & 47 Heiman Street HEIMAN S r- - - - - - - - - - - N50'42'55"F Proposed lot fabrics REPORT Planning Comments: The subject property is zoned Residential Six Zone (R-6) in the Zoning By-law and designated Low Rise Residential in the City's Official Plan. The property currently contains a semi-detached dwelling under construction. The existing development of the neighbourhood consists of single detached, semi-detached, and multiple dwellings. 2 City Planning staff conducted a site inspection of the property on July 17th, 2019. Minor Variance The owner is requesting relief from section 40.2.3 of the Zoning By-law to allow for a semi- detached dwelling to be on a lot with a width of 12.1 metres rather than the required 12.5 metres. General Intent of the Official Plan The requested variance meets the general intent of the 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. The reduction in lot width allows for a variety of housing types to suit the needs of the community. General Intent of the Zoning By-law The requested variance meets the general intent of the Zoning By-law. The intent of the minimum lot width for corner lot properties is to ensure that adequate amenity space is provided, corner visibility is sufficient, and space for vehicle storage is provided. Staff has reviewed the proposed layout and is satisfied that the aforementioned considerations can be met. The lot has considerable amenity space both behind the dwelling, as well as in the side yard between the dwelling and Kehl Street. Visibility is maintained as there are no building projections into the Corner Visibility Triangle. Finally, vehicle storage is provided adequately with a driveway coming off of Kehl Street. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? The requested variance for reduction in lot width is appropriate for the neighbourhood. Compact lots are prevalent in the neighbourhood and the proposed lot will meet the character of the neighbourhood and is therefore considered appropriate. Is the Variance Minor? The requested reduction in lot width is just 0.4 metres and is considered minor. Staff does not expect any adverse impacts from the minor reduction. Consent to Sever The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 11.3 metres, a depth of 26.8 metres, and an area of 235 square metres. The retained lot would have a lot width of 12.1 metres, a depth of 26.8 metres, and an area of 364 square metres. 3 Semi-detached dwelling under construction at 45-47 Heiman Street (July 17, 2019) With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. The proposed lots conform to the 2014 Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Minor Variance Application A2019-091 and Consent Application B2019-057, requesting a reduction in lot width and consent to sever the subject property into two lots to allow separate ownership of each semi-detached unit be approved, subject to the conditions listed in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Heritage Comments: No Heritage Planning Concerns. Environmental Planning Comments: A Tree management plan was approved and registered on title in a previous consent application made in 2018. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Christine Goulet (519-741-2200 ext. 7820). Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Please note that servicing plans and required funds have already been taken and an offsite works permit issued. (004-2019) Engineering does not require anything else to be submitted for this application and will sign off on the conditions. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as a new development lot will be created. The cash -in -lieu dedication required is $5,198.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (11.3m) at a land value of $9,200 per frontage meter. RECOMMENDATION: That Application A2019-091 & B2019-055 requesting permission for a semi-detached dwelling on a corner lot having a lot width of 12.1 metres rather than the required 12.5 metres and consent to sever the subject property into two lots be approved, subject to the following conditions: 5 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $5,198.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 5. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submit a complete Development and Reconstruction As - Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Eric Schneider, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner L Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 D20-20/19 KIT August 7, 2019 Re: Comments for Consent Application B2019-055 through B2019-057 Committee of Adjustment Hearing August 20, 2019 CITY OF KITCHENER B2019-055 119 Waterloo Street Rajesh and Rupa Marwah The owner/applicant is proposing a lot severance to permit the construction of semi- detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-056 1000 Victoria Street North Dillon Consulting Limited The owner/applicant is proposing a lease greater than 21 years. Regional Staff has no objection to the application. Document Number: 3073055 Version: 1 B2019-057 45 and 47 Heiman Street 2645826 Ontario Inc. The owner/applicant is proposing a severance to allow for semi-detached dwellings. Regional Comments: Fee: Regional Staff require the owner/applicant to submit the required consent review fee of $350.00 for the creation of a new lot. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Other: Regional staff advises there are no airport specific comments for the above applications. However, the owner/applicant is advised that these lands fall under the Region of Waterloo International Airport Zoning Regulated Area. The subject residents may be subject to presence and noise of flying aircraft. For any further information please contact Kevin Campbell @ 519-648-2256 x8511 Email: KCampbell(a)regionofwaterloo.ca Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, 4���_✓_ Matthew Colley Planner Document Number: 3073055 Version: 1 Region of Waterloo August 01, 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 Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-083 — 103 Simeon Street — No Concerns. 2. A 2019-084 — 360 Louisa Street — No Concerns. 3. A 2019-085 — 6 Robert Peel Road — No Concerns. 4. A 2019-086 — 8-258 Edgewater Crescent — No Concerns. 5. A 2019-087 — 119 St. George Street — No Concerns. 6. A 2019-088 — 915 Chapel Hill Court — No Concerns. 7. A 2019-089 — 19 Netherwood Road — No Concerns. 8. A 2019-090— 30 to 40 Margaret Avenue — No Concerns. 9. A 2019-091— 47 Heiman 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. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Document Number: 3066911 Page 1 of 1 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@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 12, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-050 149-151 Ontario Street North/21 A 2019-083 103 Simeon Street A 2019-084 360 Louisa Street A 2019-085 6 Robert Peel Road A 2019-086 8-258 Edgewater Crescent A 2019-087 119 St. George Street A 2019-088 915 Chapel Hill Court A 2019-089 19 Netherwood Road A 2019-090 30-40 Margaret Avenue A 2019-091 45 & 47 Heiman Street Applications for Consent: B 2019-055 119 Waterloo Street B 2019-056 1000 Victoria Street North B 2019-057 45 & 47 Heiman Street GRCA COMMENT: Weber Street West 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