HomeMy WebLinkAboutDSD-19-276 - A 2019-131 - 54 West AveStaff Repoil
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
REPORT
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wwwkitchener. ca
Committee of Adjustment
December 10th, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Eric Schneider, Planner — 519-741-2200 ext. 7843
9
December 2nd, 2019
DSD -19-276
A2019-131 — 54 West Avenue
Applicant — Mark Buckley- PEG Architecture
Recommendation: Approval
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Location Map: 54 West Avenue
Planning Comments:
The subject property located at 54 West Avenue is zoned Residential Five Zone (R-5) with
Special Regulation Provision 1R in the Zoning By-law. The property is designated Low Rise
Conservation in the Victoria Park Secondary Plan in the Official Plan. Staff conducted a site
inspection of the property on November 22nd, 2019.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The applicant is proposing to convert an existing single detached dwelling to a triplex. A triplex
(multiple dwelling of 3 units) is a permitted use, and the applicant has submitted a site plan
application (SP19/107/W/ES).
The applicant is requesting relief from Section 39.2.4 of the Zoning By-law to:
• Allow an expansion to the ground floor area of the existing dwelling by 98%, whereas the
maximum ground floor expansion permitted is 25%,
• Allow a reduction in the minimum lot width from 15 metres to 12.3 metres,
• Legalize an existing front yard setback of 1.51 metres, whereas the minimum required
setback is 4.5 metres,
• Legalize an existing side yard setback of 0.52 metres, whereas the minimum required
setback is 1.2 metres
View of Existing Site (November 22, 2019)
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.
Increase in Ground Floor Area for an Expansion
General Intent of the Official Plan
1. The subject property is designated Low Rise Conservation in the Victoria Park Secondary
Plan in the Official Plan. This designation aims to retain a low rise, low density residential
character of the neighbourhood and the preservation of existing housing stock to create
multiple dwelling units is encouraged. The proposal intends to keep within the low rise
context with a one storey addition, and proposes to keep the existing dwelling to create
multiple dwelling units. Therefore, the proposed expansion meets the general intent of the
Official Plan.
General Intent of the Zoning By-law
2. The intent of the regulation that limits expansions of ground floor area for multiple dwellings
in the R-5 zone is to ensure that the general scale and character of a development fits in
and blends well in established neighbourhoods. Rather than build a three (3) storey addition,
the applicant is proposing to build a one (1) storey addition to be more compatible with the
surrounding area, which is made up of 1 and 2 storey buildings. The applicant's proposal will
fit in better with the existing neighbourhood and surrounding area and therefore the
requested variance meets the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The proposed addition is appropriate as the building height is being maintained at a
comparable scale to the surrounding neighbourhood. The proposed use of the property as a
triplex is permitted and the one storey addition can considered appropriate.
Is the Variance Minor?
4. The expansion of ground floor area is able to provide adequate parking and amenity space.
No adverse impacts are expected and therefore the variance can be considered minor.
Lot Width
General Intent of the Official Plan
1. The subject property is designated Low Rise Conservation in the Victoria Park Secondary
Plan in the Official Plan. This designation aims to retain a low rise, low density residential
character of the neighbourhood and the preservation of existing housing stock to create
multiple dwelling units is encouraged. The proposal intends to keep within the low rise
context with a one storey addition, and proposes to keep the existing dwelling to create
multiple dwelling units. Therefore, the requested variance meets the general intent of the
Official Plan.
General Intent of the Zoning By-law
2. The intent of the regulation that requires a minimum lot width of 15 metres is to ensure that
functionality of access and parking are provided on site. The subject property contains 3
parking spaces in the rear and an adequate driveway. The Site Plan application has
received Approval in Principle and Transportation Services is satisfied with the proposed
access and parking layout. Therefore, the proposal will provide adequate functionality and
access for parking and meets the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The lot width represents an existing condition and is typical of lots in this neighbourhood.
The use of the property for a triplex is a permitted use and has demonstrated that it can be
functional, and therefore can be considered appropriate on this existing lot.
Is the Variance Minor?
4. The deficiency in lot width is small and no adverse impacts are expected. Therefore, the
variance is considered minor.
Setbacks (side and front
General Intent of the Official Plan
1. The subject property is designated Low Rise Conservation in the Victoria Park Secondary
Plan in the Official Plan. This designation aims to retain a low rise, low density residential
character of the neighbourhood and the preservation of existing housing stock to create
multiple dwelling units is encouraged. The proposal intends to keep within the low rise
context with a one storey addition, and proposes to keep the existing dwelling to create
multiple dwelling units. Therefore, the requested variance meets the general intent of the
Official Plan.
General Intent of the Zoning By-law
2. The intent of the setback regulations is to maintain adequate distances from abutting lots
and to provide an adequate buffer from the street line. In this situation, the dwelling has
been existing in this location for over 80 years. The proposed use can function adequately
with the current placement of the existing building. Therefore, the requested variance meets
the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The existing neighbourhood contains many instances of setbacks that do not meet the
regulations of today's Zoning By-law. The development is occurring within an established
neighbourhood and is preserving the existing housing stock and therefore is considered
appropriate.
Is the Variance Minor?
4. The setbacks represent an existing situation and therefore no adverse impacts are
expected. The variance to legalize existing setbacks can be considered minor.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for
the change of use and addition to the existing single detached dwelling 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.
Heritage Planning 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 owner of the property municipally addressed as 54 West Ave
is advised that the property is located within the Victoria Park 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 environmental planning concerns.
RECOMMENDATION
That minor variance application A2019-131 requesting permission to convert a single detached
dwelling into a triplex having a front yard setback of 1.51m rather than the required 4.5m; a
southerly side yard setback of 0.52m rather than the required 1.2m; a lot width of 12.3m rather
than the required 15.0m; and, for the maximum size of an addition to allow a 98% expansion
rather than the maximum permitted 25% expansion be approved.
Eric Schneider, BES
Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
Region of Waterloo
November 18, 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
(1) VAR KIT/Bryan Webb
Re: Committee of Adjustment Meeting on December 10, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1)
A 2019-131
— 54 West Avenue — No Concerns.
2)
A 2019-132
— 900 Chapel Hill Court — No Concerns.
3)
A 2019-133
— 908 Chapel Hill Court — No Concerns.
4)
A 2019-134
— 338 Woodbine Avenue (Lot #0038) — No Concerns.
5)
A 2019-135
— 295 Arnold Street / 888 Guelph Street — 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.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3156678
Page 1 of 1
P1
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2228
Fax: (519) 621-4945
E-mail: aherreman@grandriver.ca
DATE: December 2, 2019 YOUR FILE: A 2019-131
GRCA FILE: A2019-131 — 54 West Avenue
RE: Application for Minor Variance A 2019-131
54 West Avenue, City of Kitchener
Bryan Webb
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor
variance application. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that a portion of the subject property is
within the flood fringe portion of the floodplain and the allowance adjacent to the floodplain.
A copy of our resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
Development within the flood fringe is subject to applicable Two -Zone Floodplain Policy
Area policies in the GRCA's Consolidated Policies for the Administration of Ontario
Regulation 150/06 and the City of Kitchener Official Plan.
It is our understanding that the minor variance application requests permission to allow a
reduced front yard setback, side yard setback, lot width and also requests an increased
maximum addition size for the proposed expansion. GRCA staff recently reviewed the
proposed development through the site plan approval process and confirmed conformance
with applicable City of Kitchener and GRCA Two -Zone Floodplain policies. As such, we
have no objection to the proposed minor variance application.
Due to the presence of the above -noted features, the subject lands are regulated by the
GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation.
The proposed development and any future development within the regulated area on the
subject lands will require the prior issuance of a permit pursuant to Ontario Regulation
150/06. The permit process involves the submission of a permit application to this office,
the review of the application by Authority staff and the subsequent approval/refusal of the
permit application by the GRCA.
3. Plan Review Fees:
We wish to acknowledge receipt of the applicable plan review fee in the amount of $410.00
for our review of the related site plan application. As such, a plan review fee for this
application is not required.
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We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
cc: Bryan Webb (email)
Mark Buckley, PEG Architecture + Interiors (email)
* These comments are respectfully submitted as advice and reflect resource concerns within
the scope and mandate of the Grand River Conservation Authority.
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