HomeMy WebLinkAboutDSD-19-262 - A 2019-116 - 10 Shanley StStaff Report
Development Services Department www.kitchener.ca
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 -19-262
SUBJECT: A2019-116 — 10 Shanley Street
Applicants —Andrew Head, Dryden, Smith & Head Planning Consultants
Ltd. on Behalf of Ray & Carmen Lazarus
Approved with conditions
Location Map: 10 Shanley Street
*** 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 10 Shanley Street is zoned Residential Five (R-5) and designated Low
Rise Conservation in the K -W Hospital Neighbourhood Secondary Plan of the City Official Plan. The
applicant is proposing to convert an existing duplex dwelling to a multiple dwelling with 3 units and cannot
meet the requirements of Section 39.2.4 of the Zoning By-law. The applicant is requesting relief to permit
the following:
a) To contain a multiple dwelling with a lot area of 436m2 rather than the required 495m2;
b) A front yard setback of 3.76 metres rather than the required 4.5 metres;
c) A rear yard setback of 4.99 meters rather than the required 7.5 metres;
Further relief is being sought from Section 6.1.1.1 d) i) to permit parking between the facade and the side
lot line abutting a street less than 3.Om from a street line, whereas no parking is permitted between the
facade and the side lot line abutting a street with a setback from a minimum 3.Om from a street line.
City Planning staff conducted a site inspection of the property on October 28, 2019
10 Shanley Street (Front view)
10 Shanley Street (Rear 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 offers the following comments.
General Intent of Official Plan
1. The subject property is designated Low Rise Conservation in the K -W Hospital Neighbourhood
Secondary Plan. The intent of this designation is to encourage a range of different forms of housing
to achieve a low density neighbourhood. The requested variances to legalize the existing setbacks
are appropriate and continues to maintain the low density character of the property and surrounding
neighbourhood. Staff is in support of the application as it is compatible 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 requested minor variances for a lot area of 436 m2 rather than the required 495 m2, a front yard
setback of 3.76 metres rather than the required 4.5 metres, and a rear yard setback of 4.99m rather
than the required 7.5m, all meet the general intent of the Zoning By-law. The requests for the lot area
and front and rear yard variances all recognize an existing situation. The applicant has advised that
all renovation work will be internal to the building and there will be no exterior modifications.
The zoning requirements to locate parking a minimum of 3.0 metres from the street line, is to ensure that
parking does not dominate the street vista, and to ensure safety for pedestrians and other motorists.
Due to the low traffic volumes along Shanley and Andrew Street, as well as the existing conditions of the
property being located on a corner, staff is in support of the minor variance. In addition, the 2 spaces will
be located at the rear of the building and 1 space will be located at the front. Therefore, staff is of the
opinion that the general intent of the Zoning By-law is being maintained.
Application is Minor
3. Staff is of the opinion that the requested variances are minor and the approval of this application will
not present any significant impacts to adjacent properties or the overall neighbourhood. The
proposed reduction in the lot area and side and rear yard setbacks, and parking 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 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 provided a building permit for the change
of use into a triplex is obtained prior to construction. Please contact the Building Division @ 519-741-2433
with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Environmental Comments:
Environmental Planning has no concerns with this application.
Heritage Comments:
Heritage Planning staff has reviewed the minor variance application and has no concerns.
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 10 Shanley Street is located
within the Mt Hope/Breithaupt 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 A2019-116 requesting permission to permit a multiple dwelling
with 3 units to have a lot area of 436m2 rather than the required 495m2; a front yard setback of
3.76 metres rather than the required 4.5 metres; a rear yard setback of 4.99 metres rather than the
required 7.5 metres and to permit parking between the facade and the side lot abutting a street
less that 3.0 metres from a street line, whereas no parking is permitted between the facade and
the side lot line abutting a street with a setback from a minimum 3.0 metres from a street 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 approval is issued to the satisfaction of the Manager of Site Development
and Customer Service.
3. That all 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