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Home My WebLink AboutDSD-20-091 - A 2020-040 - 251 Margaret Ave 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: 10 DATE OF REPORT: August 12, 2020 REPORT #: DSD-20-091 SUBJECT: A 2020-040 251 Margaret Avenue Owner Linda Li Approve Aerial Photo REPORT Planning Comments: The property is zoned R-4 (Residential Four) in By-law 85-1 and designated Low Rise Residential in the Official Plan and is located at the north west corner of Margaret Avenue and Guelph Street. Staff visited the site on August 5, 2020. It is noted that the public notice advertisement for this variance stated that the applicant is requesting permission to convert a single detached dwelling into a duplex dwelling: 1) having a southerly side yard abutting Guelph Street of 2.86 metres rather than the required 4.5 metres; 2) a lot width of 11.4 metres rather than the required 15 metres; 3) having one required off-street parking space located 3.5 metres from the property line rather than the required 6 metres; (it is noted that the other parking space may be located less than 6 metres from the property line) 4) having two off-street parking spaces at the rear of the dwelling located partially within the side yard whereas the By-law does not permit parking within the side yard; and, 5) having the driveway located 2.68 metres within the 4.5 metre driveway visibility triangle (DVT) whereas the driveway does not permit encroachments into the DVT. The existing carport is intended to be removed. Staff note that variances 1 and 2 are not required because Section any building that was constructed on or before October 11, 1994 and the lot upon which the building was constructed, shall be deemed to comply with the following current regulations for the use existing on or before October 11, 1994 provided that the use is permitted by this by-law; and, further, as per Subclause a) above shall also apply to any currently permitted use that did not exist on October 11, 1994, except where the regulations for the use are more stringent than the use that existed on October 11, 1994. The regulations for a duplex use are not more stringent than a single detached dwelling. Therefore, variances 1 and 2 are not required. Regarding variance 4, it is not a requirement of a duplex dwelling (this applies to multiple dwellings of three units or more) and staff request this be removed. Regarding variance 5, to clarify, it is the parking space, as well as the driveway it is located on, that is required to be outside the DVT. Also, the parking space is located 2.86 metres from the intersection of the required DVT, resulting in it being 1.76 metres within the DVT (see amended working below). Therefore, staff recommends that this application be AMENDED to request permission to convert a single detached dwelling into a duplex dwelling: 1) having both required parking spaces located 3.5 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, 2) having a parking space located on a driveway that is 1.76 metres within the 4.5 metre driveway visibility triangle (DVT) whereas the bylaw does not permit encroachments into the DVT. th It is noted from the August 5 site visit that the carport has been removed (see photo next page). View from Guelph St 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 proposed use of the property as a duplex dwelling with two parking spaces achieves this intent and therefore it is the opinion of staff that the requested variances meet the general intent of the Official Plan. View from Margaret Ave 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 sufficient 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 both spaces to be setback 3.5 metres from the street line abutting Guelph Street. This provides an adequate setback for both parking spaces to meet the intent of the bylaw. The intent of the regulation prohibiting parking spaces and driveways in the DVT is to ensure adequate visibility for observing pedestrians and other vehicles when exiting the property. The proposed 2.86 metre DVT provides adequate visibility for the low volume of traffic along Guelph Street. Transportation Planning staff have no concerns with either of the requested variances. Minor As noted above, there will be a setback of 3.5 metres (rather than 6 metres) for one parking space. The other parking space has a 0-metre setback requirement but will provide a 3.5 metres setback as well. This variance can be considered minor. Staff note that the house has existed since approximately 1928 and that previously there was a carport with a parking space located in the DVT which was considered legal non-conforming. There have been no concerns to date about the previous parking space in the carport. The carport has recently been removed. Staff are of the opinion that this variance is minor. Appropriate Development As noted above, the variances meet the intent of both the Official Plan and the bylaw and are minor. The variances for the parking spaces for a conversion to a duplex use is appropriate for the existing property and the proposed parking spaces are no more onerous than what could exist for a single detached dwelling. Therefore, staff are of the opinion that the variances are appropriate development 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 change the use into a duplex 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 locating the first required parking space 3.5 metres from the street line, where 6 metres is required. Also, as the existing house is within the driveway visibility triangle (DVT), Transportation Services can support the 1.76 metre encroachment into the required 4.57 metre DVT. Engineering Comments: Engineering has no comments or concerns RECOMMENDATION: That application A 2020-040, as AMENDED, requesting permission to convert a single detached dwelling into a duplex dwelling having both required parking spaces located 3.5 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 parking space located on a driveway that is 1.76 metres within the 4.5 metre driveway visibility triangle (DVT) whereas the bylaw does not permit encroachments into the DVT, 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.