The URL can be used to link to this page

Home My WebLink AboutDSD-20-088 - A 2020-037 - 886 Strasburg Rd REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician 519-741-2200 ext. 7844 WARD: 6 DATE OF REPORT: August 10, 2020 REPORT #: DSD-20-088 SUBJECT: A 2020-037 886 Strasburg Road Owners Christopher and Doris Balsdon Approve REPORT Planning Comments: The property is zoned R-3 (Residential Three) in By-law 85-1 and designated Low Rise Residential in the Official Plan and is located on the west side of Strasburg Road, south of Old Country Drive. Staff visited the site on August 5, 2020. The public notice that was advertised for this property stated that applicant is requesting permission to convert the garage into living space in an existing duplex dwelling having two required parking spaces located 2 metres from the property line rather than the required 6 metres; and, having a driveway width of 8 metres rather than the required maximum 7.5 metres. Staff would like to clarify that, as per Section 6.1.1.1 b) i), for a duplex use that it shall be permitted to locate one of the therefore permission is only required for one of the required two parking spaces to be located less than 6 metres from the front lot line; as the second space is already permittted by the by-law to be located within 6 metres of the lot line. Staff recommends that the variance be AMENDED to request permission to convert the garage into living space in an existing duplex dwelling having both required parking spaces located 2 metres from the property line rather than having a minimum of one of the required parking spaces to be setback the required 6 metres; and, having a driveway width of 8 metres rather than the required maximum 7.5 metres. 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 Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property is as a duplex dwelling and the driveway can accommodate the two required parking spaces. This continues to achieve the Low Rise Residential character of the neighbourhood and therefore it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation to have a minimum of one required parking space for a duplex to be located at least 6 metres back from the street line is to ensure that there is enough parking for a duplex should they choose to use tandem parking (which is permitted for duplex uses). As well, it ensures that parking spaces are not all located at 0 metre setback which would result in parked vehicles dominating the streetscape. For the subject property, there are proposing the minimum two parking spaces for a duplex and the spaces are to be setback 2 metres from the front lot line. This provides an adequate setback for the parking spaces and continues to meet the general intent of the bylaw. In addition, the by-law permits a maximum driveway width of half the lot width, which results in a maximum width of 7.5 metres. The intent of this regulation is to ensure that front yard and the streetscape for the neighbourhood are not dominated by parked vehicles. The request to legalize the existing driveway width of 8 metres meets the general intent of the bylaw as there is existing landscaping remaining in the front yard (see photo above). Minor The request to have a minimum of one parking space for a duplex to be located 2 metres from the front lot line rather than 6 metres can be considered minor as there is adequate area on the remaining driveway to provide a parking space for the second unit of the duplex. The request to have a driveway width of 8 metres rather than 7.5 metres is minor. It legalizes an existing situation that has not resulted in any complaints to date. Staff is of the opinion that the variances are minor. Appropriate Development As noted above, the two variances, one for parking space setback and one for driveway width, meet the general intent of the bylaw and are minor. Staff is of the opinion that the variances are appropriate for the subject property and surrounding residential neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved as outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit to convert a garage into living space is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed parking space setback from the lot line and have no concerns with the proposed driveway width of 8.0 metres from the required 7.62 metres. Engineering Comments: No comments. Engineering has no comments or concerns RECOMMENDATION: That application A 2020-037, as AMENDED, to request permission to convert the garage into living space in an existing duplex dwelling having both required parking spaces located 2 metres from the property line rather than having a minimum of one of the required parking spaces to be setback the required 6 metres; and, having a driveway width of 8 metres rather than the required maximum 7.5 metres, be approved. Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning) Senior Planner April 17, 2020 Juliane von Westerholt City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 1) VAR KIT, ELEV08 Properties Kitchener, ON N2G 4G7 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Dear Ms. Westerholt: Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 293 King Street East No Concerns. 2) A 2020-030 366 Rivertrail Avenue No Concerns. 3) A 2020-031 10 Martin Street No Concerns. 4) A 2020-032 201 Featherstone Crescent No Concerns. 5) A 2020-033 210 Rivertrail Avenue No Concerns. 6) A 2020-034 25 Shanley Street No Concerns. 7) A 2020-035 371 Biehn Drive No Concerns. 8) A 2020-036 1643 Bleams Road No Concerns. 9) A 2020-037 886 Strasburg Road No Concerns. 10) A 2020-038 121 Grand Flats Trail No Concerns. 11) A 2020-039 52 Helena Feasby Street No Concerns. 12) A 2020-040 251 Margaret Avenue No Concerns. 13) A 2020-041 56 Wilhelm Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЋАЊААЉ tğŭĻ Њ ƚŅ Ћ 14) A 2020-042 948 Chapel Hill Court No Concerns. 15) A 2020-043 285 Connaught Street No Concerns. 16) A 2020-044 50 West Avenue 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 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 April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 948 Chapel Hill Court B2020-021 944 Chapel Hill Court B2020-024 124 Walker Street B2020-025 285 Connaught Street 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 Page 1 of 2 fees will not be required. If you have any questions, or require additional information, please contact Chris Foster-Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengelly@grandriver.ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority Page 2 of 2 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.