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Home My WebLink AboutDSD-20-042 - A 2020-019 - 33 Lancaster St EStaff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment March 17, 2020 1 :.x www1l tch en er. c a Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 10 March 6, 2020 DSD -20-042 A2020-019 — 33 Lancaster Street East Approve with Condition Subject Property — 33 Lancaster Street East *** 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 is zoned Residential Seven (R-7) and designated Low Density Multiple Residential in the Civic Centre Neighbourhood Plan for Land Use. The property is also located within the Civic Centre Neighbourhood Heritage Conservation District. To facilitate a change of use on the property from Duplex (2 units) to Multiple Dwelling (3 units), the applicant is requesting relief from following sections of the Zoning By-law: - Section 41.2.6 to permit a side yard setback of 1.2 metres rather than the required 1.5 metres; - Section 6.1.1.1 d) i) to permit 2 parking spaces between the fagade and the front lot line, whereas the By-law does not permit this for a Multiple Dwelling; and, - Section 4 to permit 2 of the required parking spaces to be in tandem, whereas the By-law does not permit this. The applicant has submitted a site plan application (below) and the variances are required to obtain site plan approval. Site plan for the subject property (currently under review) RESOENTM 5.21±... LANDSCAPED LLJFF 3 7.59±--- LLJ W e Elf �DwukEiF (j] n n3 No. 33 3 r 2 vI FOREY W LANDSCA=E] LriIC.K DWELLING� LLl !_Ofm H- 7.36±m 3 MMEL GRAVEL �-! 1E`,IT'r r. GARkGF ,b_50tm N E r, I+ 0 3 K: a 5.50±m 3 3 Site plan for the subject property (currently under review) ILL City Planning staff conducted a site inspection of the property on March 3, 2020. 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. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Density Multiple Residential in the Civic Centre Neighbourhood Plan for Land Use. The aim of the Low Density Multiple Residential designation is to maintain the overall low density, low rise residential character of the neighbourhood while allowing for some integrated redevelopment of the area. Conversions or redevelopment will be dependent upon the aesthetic provision of off-street parking in accordance with the provisions of the Zoning By- law. The variance to legalize the side yard setback and the variance to locate parking in tandem meets the general intent and purpose of the Official Plan as redevelopment is contemplated in this designation and the variances will facilitate said redevelopment. Regarding the variance to locate parking spaces in the front yard, the Secondary Plan policies emphasize the `aesthetic provision of off-street parking' as being a key consideration when contemplating redevelopment. As this property is redeveloping from a Duplex (2 units) to a 3 -unit Multiple Dwelling, it is important to ensure that the parking layout is complementary to the property and overall neighbourhood. To help achieve these objectives, conditions have been added that the driveway be screened with vegetation and that the driveway material be changed from existing gravel to a permeable paver (or similar). As these conditions are satisfied, staff will be further satisfied that the general intent and purpose of the Secondary Plan are met. 2. General Intent and Purpose of Zoning By-law Test The general intent of the side yard setback is to maintain sufficient separation from neighbouring properties and to ensure access to the rear yard is maintained. By legalizing the existing 1.2 metre side yard setback, staff is satisfied that the general intent of the By-law is maintained. This is an existing situation, the property owner will be able to access the rear yard, and there is sufficient separation from adjacent properties. The general intent of not permitting parking spaces to locate in tandem is to ensure that parking spaces for multiple dwellings can be accessed independently. Staff notes that for a Duplex use in the Zoning By-law, the parking spaces are permitted to be located in tandem. Essentially, the parking layout for the proposed 3 -unit multiple dwelling is the parking layout for a duplex (tandem), plus a third space that can be accessed independently without having to move another vehicle. As such, staff has no concerns with this layout and are satisfied that the general intent of the Zoning By-law is maintained. The general intent of not permitting parking spaces for a multiple dwelling between the fagade and the front lot line is to have parking spaces not visible from the street. In this case, while the parking spaces will be visible, the parking area will appear to function more like a traditional driveway, which often has space for parking vehicles in front of the property. This is also consistent with the streetscape. The driveway parking area is an existing situation not proposed to be expanded, and in theory, up to 3 vehicles could use those spaces now, whether or not the use of the building is as a 3 -unit multiple dwelling. As such, staff are satisfied that the general intent and purpose of the Zoning By-law is maintained. 3. "Minor" Test The property owner wishes to convert and existing duplex into a 3 -unit multiple dwelling and these variances are required to legalize the parking area and side yard setback. Staff is satisfied that the variances can be considered minor as no expansion is proposed to the existing parking area or building. That said, as the number of units on the site is proposed to increase to 3 from the existing 2, there will be an increased demand on the parking spaces available, especially since two of them are located in tandem. Further, the property is located within a Heritage District, and policies within the district guidelines speak to encouraging driveway materials to be permeable, and generally discouraging parking spaces in the front yard. Conditions have been added on this regard which will improve the driveway material in the front yard and screen the parking area from the street and sidewalk. 4. Desirability for Appropriate Development or Use Test The requested variances are appropriate for the development and use of the land, as the Multiple Dwelling (3 units) use is permitted on the property, the parking area is existing, and the built form on the property is not planned to change. The recommended conditions of approval will further ensure the parking area for the 3 -unit multiple dwelling is integrated into the site and overall neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved, subject to the condition listed in the recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit to change the 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 can support the proposed layout for parking spaces provided that there be no obstruction greater than 0.9m in height within the 4.57m driveway visibility triangles. Heritage Comments: The subject property is designated under Part V of the Ontario Heritage Act, located within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD), and categorized as a Group `C' building in the CCNHCD Plan. Any exterior alterations to the existing building may require the submission and approval of a Heritage Permit Application. In keeping with the guidelines contained in Sections 6.8.1 and 7.4.4 of the CCNHCD Plan for building conversions and streetscape design within the private realm, low hedges should be incorporated to screen the front yard parking and permeable types of paving, such as interlocking pavers, should be installed to maximize infiltration and mitigate hard surface parking in the front yard. As such, Heritage Planning staff requests the following condition: That prior the issuance of a Building Permit, low hedges are planted to screen parking and permeable pavers are installed to minimize hard surface parking in the front yard, to the satisfaction of the Coordinator, Cultural Heritage Planning. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-009 requesting relief from Section 41.2.6 to permit a side yard setback of 1.2 metres rather than the required 1.5 metres, Section 6.1.1.1 d) i) to permit 2 parking spaces between the fagade and the front lot line, whereas the By-law does not permit this for a Multiple Dwelling, and Section 4 to permit 2 of the required parking spaces to be in tandem, whereas the By-law does not permit this, BE APPROVED, subject to the following condition: That the Owner shall plant and maintain low hedges (0.9 metres in height) along the edge of the driveway closest to the front entrance of the house to screen parking, and that the entire driveway and parking area surface material be permeable pavers, interlocking stones, or other like material to promote an aesthetic parking area and to minimize hard surface parking in the front yard, to the satisfaction of the Coordinator, Cultural Heritage Planning. Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo Feb 27, 2020 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 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are 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 these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. 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 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia 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, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority.