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Home My WebLink AboutDSD-19-217 - A 2019-102 - 165 Fairway Rd 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:2 DATE OF REPORT:September 6, 2019 REPORT #:DSD-19-217 SUBJECT:A2019-102–165 Fairway Road North Applicants –Lito Navalezaon Behalf of 470088 Ontario Ltd. Approvewithconditions Location Map: 165 Fairway Road 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 165 Fairway Road Northiszoned Residential Six(R-6),anddesignated Low Rise Residential in theCityOfficial Plan.The applicant is proposing to create a Multiple Dwelling with 7unitsandcannotmeet the requirements of Section 40.2.6of the Zoning By-law. The applicant is requesting relief to permit the following: a)An interior sideyard setback of 2.0 metres(left side) and 0 metres(right side) rather than the required 2.5metres; b)A rear yard setback of 0.1metres 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 front façade and the frontlot line, whereas no parking is permitted between the front façade and the front lot line. City Planning staff conducted a site inspection of the property on September 6, 2019. 165 Fairway Road North(Front View) 165 Fairway Road North(Side View) 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 RiseResidentialin the City’s Official 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 the building 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, the side yards and rear yardall recognize an existing situation. The buildingwas used at one point as a tool and die shop, however the use has ceased and the owner is looking to construct 5 new residential units on the property. The building has existed for quite a number of years with no negative impact on the surrounding neighbourhood, and the applicant has advised that building will continue to exist as is. The requested minor varianceto permit the requiredparkinglocated between the front façade and the front lot line, recognize an existing situation. The zoning requirementtonot permit parking between the front façade and the lot line, is to ensure that a parking lot doesn’t dominate the front street vistaand to provide an adequate buffer from the street. The proposedparking lot is setback approximately 19 metres from the front lot line. The owner has submitted a Site Plan application, which is currently under review. In addition, staff issatisfied that there is still a sufficient amount of bufferspacefrom Fairway Road, and legalizing the proposed parking lot 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 variances will be negligible due to the fact they recognize an existing situation. Application in Appropriate 4.The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore, the variances areappropriate for the development and use of the land 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: As this application is seeking to legalize existing features, Transportation Services hasno concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning has no concerns. RECOMMENDATION That minor variance application A2019-102requesting permission to permit a multiple dwelling withaside yard setback of2.0metres(left side) and 0.0metres(right side) rather than the required 2.5metres; a rearyard setback of 0.1metresrather than the required 7.5metres;to permit parking between the front façade and the frontline, whereas no parking is permitted between the front façade and the front lot line be approved with conditions: 1.That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 2.That Site Plan approvalis issued to the satisfaction of the Manager of Site Development and Customer Service. st 3.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 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.