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Home My WebLink AboutDSD-19-214 - A 2019-099 - 289 & 295 Sheldon Ave NREPORT 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-19-214 SUBJECT:A2019-099–289 & 295 Sheldon Avenue North Applicants –Ninoslav Orasanin Approvewithconditions Location Map: 289 & 295 Sheldon Avenue North *** 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 289 & 295 Sheldon Avenue iszoned Residential Six(R-6),and designated Low Rise Residential in theCity’sOfficial Plan.The applicant is proposing to create a 36 unit stacked townhouse development (Multiple dwelling) andcannotmeet the requirements of Section 40.2.6 of the Zoning By-law. The applicant is requesting relief to permit the following: a)AFloor Space Ratio (FSR) of 0.75,whereas a FSR of 0.6 is permitted; b)Afront yardsetback of 5metres rather than the required 6.62metres; c)A height of 12.1metresat the lowest grade point of the property, whereas a height of 11.55 metresis permitted at the lowest grade point of the property. City Planning staff conducted a site inspection of the property on September 3, 2019. Existing dwellings at 289 & 295 Sheldon Avenue North 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 subjectproperty is designated Low Rise Residentialin the City’sOfficial Plan, which contains a number of policies related to height and density in low rise residential areas. The Low Rise Residential land use designation accommodates a full range of low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings and special needs housing. Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR)of 0.6, however site specific increases up to a maximum FSR of 0.75 may be considered,where it can be demonstrated that the increase in the FSR is compatible and meets the general intent of the policies of the OfficialPlan. Further, Policy 15.D.3.12 in the Official Plan states thatrelief from the maximum building heightof three stories or 11 metresmay be considered for properties with unusual grade conditions and for buildings and/or structures with increased floor to ceiling heights and architectural features provided the increased building height is compatible with the built form and physical character of the neighbourhood. Staff is satisfied the requested variances will maintain the low density character of the property and surrounding neighbourhood.Staff isfurther satisfiedthat urban design considerations have been addressed to ensure the development is compatibleby designing the site so that the building is close to the front of the property,as well as close to the vacant parcel of land to the north, and also has a maximum height of 10.5 metresat street elevation, whilelocating parking towards the rear. As such, the proposed variancesmeet the general intent of theOfficial Plan. General Intent of Zoning By-law 2.TheR-6 zone permits a range of housing types, and theintent of 0.6 FSR allowance is to ensure development occurs at a scale which is compatible with other low-rise housing forms in adjacent neighbourhoods. The proposed townhouse units will provide a mix of housing types while maintaining compatibility with the low rise residential neighbourhood. As such, staff is satisfied the requested varianceto increase the maximum FSR from 0.6 to 0.75meets the general intent of the Zoning By-law. Theheightof the proposed structure is required to be 10.5 meters, and allows buildings with unusual grade conditions a 110% height at lowest grade (11.55m). Due to the increase in grade on the property the applicant is proposing the height at the front of the property to be 10.5 metres, and the height at thelowest grade point to be 12.1 metres. The purpose of the height allowance is to permit a range of housing types at a scale which is compatible with the existing adjacent low rise residential neighbourhood. The purpose of the requested height increase is to accommodate the increased slope of the property. Staff is satisfied the requested variance to increase the height at the lowest grade point to 12.1metres, whereas 11.55metres is permitted meets the intent of the Zoning By- law, as the townhouse units will remainthree stories at street elevation and be of a compatible built form withinthe low rise residential neighbourhood. The intent of the front yard setback is to establish a consistent built form along the street edge. The subject property is located within the Residential Intensification in Established Neighbourhoods Study (RIENS) area and follows a specific calculation to determine the required front yard setback for each property. In this case, the applicant requested a front yard setback of 5.0metres for the front yard, where 6.62metres is required. The required minimum front yard setback of 6.62metres is calculated based on 1 metre less than the front yard setback of the dwelling on the property adjacent to thislot. The front yard setback of 279 Sheldon Avenue North is 7.62metres and therefore,the minimum front yard setbackfor this propertyis 6.62metres. Thegeneral intent of the zoningis maintained through this variancefor the front yard setbackgiven the variety of setbacks within the areaand the vacant lot adjacent to the north of the property. Application is Minor 3. Staff is of the opinion that the requested variances areminor as the reduced front yard, increased building height and increased FSR will not present any significant impacts to adjacent properties or the overall neighbourhood. Application in Appropriate 4.Theproposedvariances areappropriate for the development and use of the landas the proposed townhouses (multiple dwelling) use is a permitted use in the Zoning By-law. The scale, massing and height of the proposed townhouse units will not negatively impact the existing characterof the subject property or 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. Transportation Services Comments: Transportation Services hasno concerns with the proposed application. Environmental Comments: Environmental planning has no concerns under the assumption that compliance with Tree Management Policy is addressed through Site Plan Approval. Heritage Comments: Heritage Planning has no concerns. RECOMMENDATION That minor variance application A2019-099requesting permission to permit a stacked townhouse development (multiple dwelling) with a Floor Space Ratio(FSR) of 0.75 rather than the required FSR of 0.6, a front yardsetback of5.0metresrather than the required 6.62metres;a height of 12.1metresat the lowest grade point of the property, whereas a height of 11.55metresis permitted at the lowest grade point of the property, be approved with conditions: 1.That Site Plan approvalis issued to the satisfaction of the Manager of Site Development andCustomer Service. st 2.That all conditions shall be completed prior to October1, 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 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.