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Home My WebLink AboutDSD-19-209 - A 2019-094 - 205 Strange StSubj ect Property 2018 aerial photo :4 Ak6e Staff Report i�TTCHPNPR Community Services Department www.kitchenercn REPORT TO: Committee of Adjustment DATE OF MEETING: October 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 9 DATE OF REPORT: October 9, 2019 REPORT #: DSD -19-209 SUBJECT: ADDENDUM to report dated September 10, 2019 A 2019-094 — 205 Strange Street Applicant — Brian Courtney Owner — Sarah Courtney Approve with Conditions Subj ect Property 2018 aerial photo :4 Ak6e REPORT Planning Comments: The property is zoned Institutional Two (1-2) with Special Provision 102U in By-law 85-1 and is designated as Community Institutional in the KW Hospital Secondary Plan. Staff visited the site on September 9, 2019. The owner is requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7 metres rather than the required 3 metres. 205 Strange St (left) and 207 Strange St (right) with mutual right-of-way driveway between buildings. This application was deferred from the September 10, 2019, meeting in order for staff to consult with the property owner about the timing of a condition for the reconstruction of the retaining wall which surrounds the two required parking spaces for the duplex use; and also to consult about access to the rear yard. After this discussion, the owner has advised that he will reconstruct the parking area/retaining wall before beginning work on the addition. Therefore, he is agreeable to a condition that will require the retaining wall to be completed before construction of the proposed addition. Additionally, the owner has advised that stairs from the parking area will be constructed to ensure that there is access to the amenity area in the backyard. The drawing below is an updated sketch submitted by the applicant. �I 1.4 meters • house to prop Imc 2£]7 Rrc ec -� 1 a.7 me tors " i henvee rt havers i i i I ° Elxn l I Er grace 4EIV i r r V Mud D.91 meters R— d521r9 eft NEW See surver f /filr i ]'@S Str$ngf 121 meters KEW DECK 4 V 1 I 3.2m between Ear aec carne, and 3.4m behvetn garage sir land ing come r and addanan earner GWa9C IJ §f meters 5.6meters 3Eetahing well to �iar.ree ccrnertu prat ° r c prop Ilne 5tam-sto f rart NEW ADO 1 -ON Updated drawing submitted by applicant — October 2019 Planning Comments: 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 offer the following comments. General Intent of the Official Plan The subject property is designated as Community Institutional in the KW Hospital Secondary Plan in the Official Plan. The designation makes provision for a range of residential uses that are complementary to the community institutional uses and the duplex use is permitted. The general intent of the Official Plan will be maintained, as the proposed addition to an existing use is minor and does not compromise the low-density use of the property. General Intent of the Zonina By-law The subject lands are zoned 1-2 (Institutional) which permits the duplex use. The intent of the regulation requiring a 3 -metre side yard setback for residential building, where the driveway leads to required parking spaces, is to ensure that there is sufficient vehicular access to the required parking spaces. The requested side yard setback of 1.7 metres is considered to meet the intent of the by-law because a 1.21 -metre right- of-way exists on the abutting property and therefore the access to the rear yard parking area is a total of 2.91 metres wide. This mutual driveway access has existed for some time with no concerns. Transportation Planning staff is in support of the variance as access to the rear yard parking is being maintained. In addition, staff has discussed the proposed reconstruction to the retaining wall with the owner. The wall is about 0.9 metres high with the parking area located on the higher level and the back yard amenity area at the bottom of the wall (see Google street view image below). Transportation Planning staff has requested that the reconstruction of the retaining wall around the parking area provide for an increased width to 3 metres for one of the required parking spaces to ensure there is adequate room for getting into and out of vehicles. As well, a guardrail is being requested to ensure safety for people accessing the vehicles. Based on above, Planning staff is of the opinion that the variance meets the general intent of the Zoning By- law. Minor The proposed addition to an existing duplex is to create a new entrance to the basement unit and to provide a mudroom on ground level. The addition covers a small percentage of the lot and as noted above, it does not negatively affect the access to the parking area. Staff is of the opinion that the variance is minor. Google street view (3D) image Appropriate Development As previously stated, because of the existing right-of-way between the properties, the proposed entrance addition will not compromise access to the back yard parking area. The reconstruction of the parking area will ensure sufficient width for two spaces, and ensure safety for people accessing the vehicles. The addition is at the side of the building, near the back of the structure, and not readily visible from the streetscape. Based on the above comments, staff is of the opinion that the request is appropriate development for the property and for the streetscape. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided the building permit for the addition is obtained prior to construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: Given the retaining wall dropping below the grade of the parking spaces, Transportation Services can support the proposed application provided that the parking space adjacent to the retaining wall is widened to a minimum of 3.Om and is accompanied with a handrail to prevent safety and tripping hazards. Engineering Comments: No comments. Heritage Planning Comments: Heritage Planning staff has no concerns with the proposed minor variance application. 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 205 Strange Street is located within the Warehouse District 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. Environmental Planning Comments: No concerns RECOMMENDATION: That application A 2019-094 requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7 metres rather than the required 3 metres be approved subject to the following conditions: 1) That the retaining wall for the two parking spaces for the duplex use be reconstructed to have one parking space a minimum of 3 metres wide and the other parking space a minimum of 2.6 metres wide (for total minimum width of 5.6 metres), and that a guardrail is installed to prevent safety hazards; to the satisfaction of the Director of Transportation Planning, or designate; and, 2) That condition #1 be completed by October 1, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Staff Report Ki i I IENER CommunityServicces Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: September 17, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 9 DATE OF REPORT: September 10, 2019 REPORT #: DSD -19-209 SUBJECT: A 2019-094 — 205 Strange Street Applicant — Brian Courtney Owner — Sarah Courtney Deferral _LL.1. - - 2018 aerial photo REPORT Planning Comments: The property is zoned Institutional Two (1-2) with Special Provision 102U in By-law 85-1 and is designated as Community Institutional in the KW Hospital Secondary Plan. Staff visited the site on September 9, 2019. The owner is requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7 metres rather than the required 3 metres. 205 Strange St (left) and 207 Strange St (right) with mutual right-of-way driveway between buildings. Staff has discussed with the applicant the requirement of a condition that the retaining wall for the rear yard parking area be reconstructed before final variance approval and therefore before the building permit can be issued for the addition. The applicant has advised that this will not accommodate his work plan. Therefore, staff wishes to have an opportunity to discuss this further and to clarify the timing of the retaining wall reconstruction and other options, such as the provision of a Letter of Credit. In addition, staff will be seeking clarification how access to the rear yard will be maintained for both units in the existing duplex, once the wall has been reconstructed. Lastly, Building staff has advised that a building permit is not required for the approximately 0.9 m (3 ft) retaining wall. Staff has concerns that people and vehicles will be accessing the area on the elevated portion of the retaining wall in the absence of a guardrail or barrier. All items noted above need to be clarified before the next Committee meeting and Staff is therefore requesting a deferral. "001w, Google street view (3D) image Building Comments: The Building Division has no objections to the proposed variance provided the building permit for the addition is obtained prior to construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application provided that the proposed parking spaces in the rear yard are constructed entirely on the property of 205 Strange Street. Engineering Comments: No comments. Heritage Planning Comments: Heritage Planning staff has no concerns with the proposed minor variance application. 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 205 Strange Street is located within the Warehouse District 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. Environmental Planning Comments: No concerns. RECOMMENDATION: That application A 2019-094 requesting permission to construct a new entrance and mudroom in the northerly side yard of an existing duplex dwelling having a side yard setback of 1.7 metres rather than the required 3 metres be deferred. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 28, 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 (8) / VAR KIT, Martea Developments (11) / 53 FAIRWAY, 470088 Ontario Ltd 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. Document Number: 3091880 Page 1 of 2 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 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: September 9, 2019 YOUR FILE: See below RE: Applications for Minor Variance: 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 'These 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