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Home My WebLink AboutDSD-19-257 - A 2019-111 - 37-39 Pandora Ave NStaff Report Development Services Department 1 R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: November 8, 2019 REPORT #: DSD -19-257 SUBJECT: A2019-111 — 37-39 Pandora Avenue North Applicants — Alyson Butler Approved with Conditions Location Map: 37-39 Pandora 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 37-39 Pandora Avenue North is zoned Residential Five (R-5), and designated Low Rise Conservation in the King Street East Neighbourhood Secondary Plan of the City Official Plan. The applicant is requesting permission for an existing duplex to allow one of the required off-street parking spaces to be 2.6m by 5.14m rather than the permitted 2.6m by 5.5m. City Planning staff conducted a site inspection of the property on November 7, 2019. 37-39 Pandora 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 offers the following comments. General Intent of Official Plan 1. The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Conservation in the King Street East 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 Zoning By-law 2. The request for creating one legal space in front of the dwelling and to have it 5.14 metres in length is considered appropriate for the property and the streetscape. The general intent of the By -Law is to ensure that there is adequate space for a vehicle to park without overhanging the sidewalk or streetscape. The depth of the space will be 0.36 metres shorter than what is required. However, there is still sufficient space between the property line and the sidewalk to accommodate a minor encroachment in order for a standard residential vehicle to park without overhanging the sidewalk. As such, staff is satisfied the requested variance to reduce the parking space size to 5.14 x 2.6 metres meets the general intent of the Zoning By-law. Application is Minor 3. The approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed parking space will not change the appearance of the existing dwelling and will not impact the existing streetscape. Therefore, staff is of the opinion that the requested variances are minor. Application in Appropriate 4. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore, the variance is appropriate for the development and use of the land. 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. Transportation Services Comments: Given the existing nature of the parking space, Transportation Services has no concerns with the parking space. However, the applicant may require a curb cut to properly provide access to and from the parking space. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this 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 37-39 Pandora Avenue North is located within the Central Frederick Neighbourhood Cultural Heritage Landscape. 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. RECOMMENDATION That minor variance application A2019-111 requesting permission for an existing duplex to have one of the required off-street parking spaces to be 2.6 metres by 5.14 metres rather than the permitted 2.6 metres by 5.5 metres, and to allow the parking space to encroach onto City lands, be approved subject to the following conditions: 1. A curb cutting permit for the driveway widening be issued by the Engineering Division of the City of Kitchener if required. 2. That the owner shall enter into an encroachment agreement for the parking space with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands. 3. That the above noted conditions shall be completed prior to September 1St, 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 Planner Senior Planner Region of Waterloo November 05, 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 (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — 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 the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application 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: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: 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