HomeMy WebLinkAboutDSD-19-238 - A 2019-107 - 38 Gordon AveStaff Report
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REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
Committee of Adjustment
October 15, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844
10
October 9, 2019
DSD -19-238
A 2019-107 — 38 Gordon Avenue
Applicant — David Ashley
Owner — Nancy Ashley
Approve with Conditions
Photo 1
REPORT
Planning Comments:
The property is zoned R-5, 129U in By-law 85-1 and designated as Low Rise Conversation A in the
Central Frederick Neighbourhood Plan. Staff visited the site on October 4, 2019.
The applicant is requesting permission to construct a second driveway for an existing duplex whereas
the By-law permits one driveway for the subject property; and to allow one off-street parking space to be
2.6 metres by 4.25 metres rather than the required minimum 2.6 metres by 5.5 metres size.
Photo 2
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 Low Rise Conservation A in the Central Neighbourhood Secondary
Plan. The intent of this designation is to retain the existing low rise, low density residential character of
the neighbourhood. The designation permits low density forms of housing such as duplex dwellings and
encourages a range of different forms of housing and encourages a mix of residential uses in residential
areas. It is the opinion of staff that the requested variance meets the general intent of the Official Plan
General Intent of the Zonina By-law
The property is legally established as a duplex use with the two required parking spaces in the rear yard.
See the aerial picture, Photo 1, above which shows most of the back yard as grassed/landscaped. Staff has
consulted with the owner and he has provided photos of two `living' driveways that were installed in the back
yard. Also known as green driveways, they contain a hard proven green alternative to paving that prevents
runoff and helps protect the environment. It is a green alternative that uses permeable stabilized material
under the grass to support the weight of vehicles. Staff questioned how tenants or future occupants know
where the parking spaces were located and the owner has advised that he will placed reflector sticks to
demarcate the entrance to the parking spaces.
It is noted that the parking spaces in the rear yard are accessed by a right-of-way shared with the abutting
property at 36 Gordon Avenue, which is also owned by the owner and the applicant. The subject property
has a driveway access of only 1.3 metres from the street along the side of the house and this is for the
right-of-way for access to the back yard. It is not wide enough to park a vehicle. Also, the driveway
between the buildings may not be used to park vehicles as it is required for access to the back yard
parking area.
There has been a history of parking violations at this property, as vehicles have been parked on the grass
behind the existing City tree and parallel to the sidewalk in the front yard. See Photo 2 showing the City tree
and the area behind it where grass has been worn away and/or surface has been modified.
The owner now wishes to construct a legal parking space in the front yard in addition to the two spaces in
the rear yard. The intent of the regulation limiting a property to one driveway is to ensure that the front yard
and streetscape are not dominated by parking areas and vehicles. As noted above, the existing driveway is
only 1.3 metres wide. The addition of a second driveway will not dominate this lot if it is limited to one space
and the existing landscaping is reinstalled/maintained. Staff is of the opinion that this variance meets the
general intent of the by-law.
The regulation in regards to a minimum parking space size is to ensure that a vehicle can park on the subject
property and not encroach over a City sidewalk. There is sufficient City land between the property line and
sidewalk for a standard size vehicle parking space provided that an encroachment agreement is obtained.
Therefore, staff is of the opinion that this request meets the general intent of the by-law.
Minor
As noted above, the existing driveway is only 1.3 metres wide, as it is an access over a right-of-way between
two buildings. The approval of the proposed driveway and reduced parking space size does not appear to
present any significant impact to the neighbourhood or streetscape and could therefore be considered minor.
Appropriate Development
It was brought to staff's attention by Environmental Planning staff that a street tree has been removed from
this site (Photo 3 below). It is staff's position that street trees should not be damaged or removed to
facilitate new driveways as these trees contribute to Cultural Heritage Landscape.
Photo 3 — Google street view image (2014)
In addition, two trees at 36 Gordon Avenue appear to have been removed when compared to City
records. Staff is of the opinion that the removal of three street trees for parking spaces is not appropriate
for the development of the property nor the streetscape. However, in consultation with Parks and
Cemetaries staff, the owner could reimburse the City for the cost of replacing a tree/trees and planting
it/them, likely at 36 Gordon Avenue as there is limited area remaining at 38 Gordon Avenue.
Staff is of the opinion that if a minimum of one tree can be replaced (or more trees, if required by Parks
and Cemeteries staff), then the streetscape would not be as negatively impacted by the installation of the
proposed driveway.
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.
Staff notes that from the past history on the abutting property, that the parking area approved by a variance
earlier this year was installed before all the conditions were met. Therefore, the owner is advised that all
approved conditions of this variance must be fulfilled before the parking space is constructed or Enforcement
action may be taken.
Building Comments: The Building Division has no objections to the proposed variance.
Transportation Services Comments: Transportation Services has no concerns with this application, provided
that the applicant enters into an encroachment agreement with the City of Kitchener for the portion of the parking
space that is within the city right-of-way.
Engineering Comments: No comments
Heritage Planning Comments:
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 38 Gordon Avenue is
located within the Central Frederick Neighbourhood 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.
Consequently, Heritage Planning staff has no concerns with this application
Environmental Planning Comments:
Street trees should not be damaged / not have been removed to facilitate new driveways. These trees
contribute to Cultural Heritage Landscape. In addition, removal of street trees is a violation of the City's
Boulevard Beautification and Maintenance Bylaw (formerly Street Tree Bylaw).
RECOMMENDATION:
That application A 2019-107 to construct a second driveway for an existing duplex whereas the
By-law permits one driveway for the subject property; and to allow one off-street parking space
to be 2.6 metres by 4.25 metres rather than the required minimum 2.6 metres by 5.5 metres size,
be approved, subject to the following conditions;
1) That the owner enter into an encroachment agreement for the proposed driveway/parking
space with the City of Kitchener to be prepared by the City Solicitor and registered on title
of the subject lands;
2) That the owner obtain a curb cutting permit for the new driveway access through the City
of Kitchener Engineering Division;
3) That the owner ensure that the driveway is constructed with a consistent material, in a
dust -free condition, to the satisfaction of the Director of Planning;
4) That the owner shall ensure that the remainder of the front yard area that is not used for
an approved driveway, be reinstated to grass or landscaping, to the satisfaction of the
Director of Planning;
5) That the area behind the existing City tree be blocked from access for any parking by a
physical barrier, to the satisfaction of the Director of Planning;
6) That the two green parking spaces in the rear yard be demarcated to the satisfaction of the
Director of Planning; and the demarcation to be maintained;
7) That the owner pay for the replacement cost of a City tree (or trees) on either 36 or 38
Gordon Avenue, to the satisfaction of the Director of Parks and Cemeteries, or designate;
and replace the removed tree(s) at one of the locations in consultation with Parks and
Cemeteries staff;
8) That the maximum width of the driveway be maintained at 2.6 metres;
9) That conditions #1 to 7 be completed by April 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
Region of Waterloo
September 26, 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 October 15, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. A 2019-106 — 78 Castlebay Street— No Concerns.
2. A 2019-107 — 38 Gordon Avenue — No Concerns.
3. A 2019-108 — 41 Moore Avenue — No Concerns.
4. A 2019-109 — 26 Baird Avenue — No Concerns.
5. A 2019-110 — 330 Manitou Drive Unit C — 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: 3115951
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: October 7, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-094
205 Strange Street
A 2019-106
78 Castlebay Street
A 2019-107
38 Gordon Avenue
A 2019-108
41 Moore Avenue
A 2019-109
26 Baird Avenue
Applications for Consent:
B 2019-064 53 & 55 Perth Road
B 2019-065 210 Simeon Street
B 2019-066-071 253 Clark Avenue
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
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