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Home My WebLink AboutDSD-19-212 - A 2019-097 - 74 Ahrens St WREPORT TO:Committee of Adjustment DATE OF MEETING:September 17, 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:10 DATE OF REPORT:September 6, 2019 REPORT #:DSD-19-212 SUBJECT:A2019-097–74 Ahrens Street West Applicants –Amanda Stellings,Polocorp Inc.on Behalf of David W. Arn & Edeltraut Horn Approvewithconditions Location Map: 74 Ahrens Street West *** 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 74Ahrens Street Westiszoned Residential Five(R-5),with Special Use Provision127Uanddesignated Low Rise Residential Preservationin the Civic CentreNeighbourhood Secondary Plan ofthe CityOfficial Plan .The applicant is proposing tolegalize anexisting Multiple Dwelling with 4 unitsand cannotmeet the requirements of Section 39.2.4of the Zoning By-law. The applicant is requesting relief to permit the following: a) To legalizeanexisting multiple dwelling with 4 units, whereas a maximum of 3dwelling units is permitted; b)An interior sideyard setback of 0.26metres rather than the required 1.2metres; c) A rear yard setback of 4.63metres rather than the required 7.5 metres; Further relief is being sought from: d) Section 6.1.1.1 d) i) to permit parking between the façade and the side lot line less than 3.0m from a street line, whereas no parking is permitted between the façade and the side lot line with a setback from a minimum 3.0m from a street line. e) Section 6.1.1.2 b) to permit a parking lot that only provides exiting onto a street in a backwards motion, whereas parking facilities are required to provide ingress and egress of vehicles in a forward motion. f) Section 6.7.1 to not require a barrier-free accessible parking space whereas 1 barrier-free accessible parking space is required. City Planning staff conducted a site inspection of the property on August 30, 2019. 74 Ahrens Street West(Front View) 74 Ahrens Street West (Parking area) 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 RiseResidential Preservationin the Civic Centre 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 use and 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 has existed for a long period of time with no issues, and it iscompatible 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 requests for legalizing a multiple dwelling with 4 units, the side yardand rear yard variances all recognize an existing situation. The applicant has advised that no exterior modifications to the building are proposed. The requested minor variances to permit the required parking to be legalized in the current form also recognizes theexisting situation. It is also noted staff doesnot support the two parking spaces closest to the intersection. Staff recommendsthattwo spaces be removed from the Corner Visibility Triangle (CVT) area, and the appropriate landscaping be installed, as reflected in an approved Site Plan. The zoning requirements to locate parking a minimum of 3.0metresfrom the street line, and to provide adequate ingress and egress is to ensure that a parking lot doesnot dominate the front or side yard abutting a street vista, and to ensuresafety for pedestrians and other motorists. Due to the existing conditions and the low traffic volumes along Maynard Avenue,staff isin support of the variance provided that the Owner enters into an encroachment agreement with the City for the parking spaces to encroach onto City lands, and that a Site Plan be applied for and approved by the Manager of Site Development and Customer Service. The requested variance to not require a barrier free accessible space also would recognize an existing situation.Thezoning requirement to provide a barrier free accessible space is to ensure that if the need arises for a tenant to require an accessible space it is then provided to them. Currently, the property functions without the required barrier free space, and due to the lack of accessibility because of the age of the structure staff doesnot believe that the reduction in the required barrier free accessible space will not create any adverse effects on the property. Therefore, the requested minor variances, all meet 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 variances will be negligible due to the fact they recognize an existing situation. Application in Appropriate 4.The varianceisappropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. It is noted that there are no open violations other than the 4-plex use being discussed in this report.This past summer, aproperty standards violation wasclosed and the owner was advised that this property shall be regularly maintained so as to ensure property standard compliance on an on-going basis. 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 varianceprovided retrofit permit for the fourth unit is obtain with Fire Prevention. Please contact the Fire Prevention @ 519-741-2495 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application, however, as a condition of the application, we require that the dropped curb be restored to full barrier curb for the two parking spaces that are being removed in order to prevent continued parking in that area. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: The property municipally addressed as 74 Ahrens Street West is designated under Part V of the Ontario Heritage Act and located within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD). The minor variance application proposes the legalization of an existing four-plex. The CCNHCD Plan provides guidelines for building conversions and parking within the district. Given that the legalization of the existing four-plex will not result in exterior changes to the building, and that the removal of the parking spaces located in the daylight triangle is in keeping with the CCNHCD Plan with respect to minimizing hard surface areas for parking, Heritage Planning staff has no concerns with the proposed minor variance application. RECOMMENDATION Thatminor variance application A2019-097requesting permission to permit a multiple dwelling with 4units, whereas a maximum for 3 dwelling units is permitted;aside yard setback of0.26 metresrather than the required 1.2metres; a rearyard setback of 4.63metresrather than the required 7.5metres;to permit parking between the façade and the side lot line less than 3.0metres from a street line, whereas no parking is permitted between the façade and the side lot line with a setback from a minimum 3.0metresfrom a street line; to permit a parking lot that only provides exiting onto a street in a backwards motion, whereas parking facilities are required to provide ingress and egress of vehicles in a forward motion; to not require a barrier-free accessible parking space whereas 1 barrier-free accessible parking space is required, be approved with conditions: 1.That the owner shall enter into an encroachment agreement for the parking spaces with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 2.That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 3.That the 2 existing parking spaces located closest to the Ahrens Street/Maynard Avenue intersection in the CVTbe removed and landscaping be reinstated in the side yard area to the satisfaction of the Director of Planning. 4.A retrofit permit for the fourth unit be obtained from Fire Prevention. 5.That Site Plan approvalis issued and the dropped curb be restored to full barrier curb for the two parking spaces that are being removed in order to prevent continued parking in that area, to the satisfaction of the Manager of Site Development and Customer Service st 6.That all conditions shall be completed prior to July1, 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 resultin this approval becoming null and void. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner August 28, 2019 Holly Dyson City of Kitchener File No.: D20-20/VAR KIT GEN 200 King Street West (8) / VAR KIT, Martea Developments P.O. Box 1118 (11) / 53 FAIRWAY, 470088 Ontario Ltd Kitchener, ON N2G 4G7 Dear Ms. Dyson: Re: Committee of Adjustment Meeting on September 17, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-092 30 Dieppe Avenue No Concerns. 2. A 2019-093 155 Breckenridge Drive No Concerns. 3. A 2019-094 205 Strange Street No Concerns. 4. A 2019-095 43 Jack Avenue No Concerns. 5. A 2019-096 260 Frederick Street The applicant must obtain a Regional access permit to legalize the existing access. 6. A 2019-097 74 Ahrens Street West No Concerns. 7. A 2019-098 44 Breithaupt Street No Concerns. 8. A 2019-099 289 and 295 Sheldon Avenue North No Concerns. 9. A 2019-100 John Wallace Drive (Townhouse Block 1) No Concerns. 10. A 2019-101 360 River Trail Avenue No Concerns. 11. A 2019-102 165 Fairway Road North No Concerns. 12. A 2019-103 581 Strasburg Road No Concerns. 13. A 2019-104 & A 2019-105 193 Louisa Street There would be no concerns to the minor variance applications subject to the condition that the recommendations of the noise study as required for the Consent application can be implemented. 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЉВЊББЉ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management DivisionCambridge, Ontario N1R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: September 9, 2019 See below Applications for Minor Variance: RE: A 2019-082 83 Elmsdale Drive A 2019-092 30 Dieppe Avenue A 2019-093 155 Breckenridge Drive A 2019-094 205 Strange Street A 2019-095 43 Jack Avenue A 2019-096 260 Frederick Street A 2019-097 74 Ahrens Street West A 2019-098 44 Breithaupt Street A 2019-099 289 & 295 Sheldon Avenue North A 2019-100 John Wallace Drive A 2019-101 360 Rivertrail Avenue A 2019-102 165 Fairway Drive Road North A 2019-103 581 Strasburg Road A 2019-104 & 105 193 Louisa Street Applications for Consent: B 2019-051 to 054 83 Elmsdale Drive B 2019-058 202 Montgomery Road B 2019-059 269 Trillium Drive B 2019-060 39 Belmont Avenue West B 2019-061 359 Alice Avenue B 2019-062 2727 Kingsway Drive B 2019-063 193 Louisa 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 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.