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HomeMy WebLinkAboutDSD-20-096 - B 2020-025 & A 2020-043 - 285 Connaught StStaff Report K[ER Development Services Department wwwkitchener.ca 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: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 3 DATE OF REPORT: July 23, 2020 REPORT NUMBER: DSD -20-096 SUBJECT: Application B2020-025 & A2020-043 285 Connaught Street Owner/Applicant — Vladan Knezevic Approve with Conditions [1 Subject Property: 285 Connaught Street Staff Report Development Services Department wwwkitchener.ca Background: On April 1711, 2018, the Committee of Adjustment approved severance application B2018-030 & minor variance applications A2018-041 & A2018-042 to create one new residential lot by severing a corner property located at 151 Fifth Avenue. That application has been fully approved and a new lot addressed as 153 Fifth Avenue has been created and is still vacant. Report: The current application proposes to sever a portion of 285 Connaught Street and add it as a lot addition to 153 Fifth Avenue. The existing single detached dwelling at 285 Connaught Street is proposed to be remain. The existing property (285 Connaught) has depth of 40.23 metres. The application proposes to sever a portion of the rear yard that is 15.24 metres deep, and a lot area of 253.8 square metres, and add it as a lot addition to 153 Fifth Avenue. With the proposed lot addition, the lot depth at 153 Fifth Avenue would increase from 17.7 metres to 34.4 metres. The lot area would increase from 271 square metres to 506 square metres. A minor variance is being requested to reduce the rear yard setback of 285 Connaught from 7.5 metres to 5.97 metres. YEiRC. FIFTH AVENUE CAUTO� WM LAACS TO E:7 V� � �j k ... , ,py PARI J. •'!A�• cg'._h^•rf-^ " FART 7 PL" 5M — 20180 fCr 153 FIFTH AVE I L � i S,V�M aaP� R Mme, f�W Q 4 irc� rods • �J 4Tl STROT 2 LANDS TD 6E SEVERED I j r AND Ca4f9MV MITE! LANDS g TO ME EAST LANDS TO 8E R€TAwn5 ��J 7.22 U oau lI 15.240 24.49 Proposed Lot Addition Survey Staff Report Development Services Department A site inspection was conducted on May 11, 2020. wwwkitchener. ca 285 Connaught Street (May 11, 2020) Lot addition: The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Four Zone (R-4) in the Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for a lot addition. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Application B2020-025 requesting to sever a portion of the rear yard of 285 Connaught Street as a lot addition to 153 Fifth Avenue be approved subject to the conditions listed in the recommendation section of this report. Minor Variance: 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. Staff Report Development Services Department wwwkitchener.ca General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The proposed addition maintains this intent. General Intent of the Zoning By-law The proposed variance meets the general intent of the Zoning By-law. The intent of the 7.5 metre rear yard setback for dwellings is to ensure that there is a sufficient distance between buildings on abutting properties to minimize negative impacts for neighbours and also to provide an adequate amenity space in the backyard. The subject property contains an existing single detached home and has a large patio amenity space existing in the side yard on the south side of the property. The patio space coupled with the rear yard for open amenity provides an adequate balance of total amenity space on the property. The proposed reduction of approximately 1.5 metres can still provide adequate separation of buildings and is not expected to cause adverse impacts. In summary, the proposed variance will not adversely impact abutting lands and maintains adequate amenity space and therefore meets the general intent of the Zoning By-law. Is the variance appropriate? The proposed variance is considered desirable and appropriate for the development and use of the lands based on the reasons noted above. Staff is of the opinion that the proposed variance will not negatively impact the use of the property or the surrounding neighbourhood. Is the variance minor? The variance is considered minor as staff is of the opinion that the approximate 1.5 metre reduction in setback will s#4 -continue to provide an adequate distance between buildings and provide an adequately sized amenity space. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. A separate building permit will be required for the removal of the detached garage on the severed property. A separate building permit will be required for the construction of the new residential building. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Transportation Comments: Transportation Services has no concerns with the proposed application. Staff Report Development Services Department wwwkitchener.ca Heritage Comments: No Heritage Concerns. Engineering Comments: Engineering has no concerns. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. Environmental Planning Comments: Environmental Planning concerns were addressed in application B2018-030. The severed lands to be added to 153 Fifth Avenue shall be included in the previous agreement WR1155377. RECOMMENDATION: That Application A2020-043 requesting a rear yard setback of 5.97 metres be approved. That Application B2020-025 proposing to sever a portion of 50 Roos Street that is 16.5 metres wide and 15.2 metres deep and add it as a lot addition to 153 Fifth Avenue, be approved subject to the following conditions: 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the Severed Lands, which shall include the same covenants and provisions as registered Agreement Instrument No. WR1155377. Staff Report Development Services Department wwwkitchener.ca 4. That the owner retains a qualified designer to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Eric Schneider, B.E.S., MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street Bth Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT July 14, 2020 Re: Comments for Consent Application B2020-020 to 62020- 025 and CC2020-001 Committee of Adjustment Hearing TBD CITY OF KITCHENER 940-948 Chapel Hill Court and 17 Stafford Lane Crescent Homes and Cailin and Blake Hill The subject lands are located in Doon South and the properties on Chapel Hill Court are currently vacant and are proposed to be developed with one single detached dwelling on each lot. 17 Stafford Lane is a residential lot with an existing dwelling and shed. The owner/applicant is proposing lot line adjustments and a land conveyance that would allow the land owners of 17 Stafford Lane to maintain ownership of the tree line between their property and the abutting residential lots at 944 and 948 Chapel Hill Court. In exchange there would be an increase in the size of the rear yards for the lots at 940 and 944 Chapel Hill Court. Regional Staff has no objection to the proposed application. *k11Pk1a1YZI 124 Walker Street Mitchell Courtney and Alexandra Oliveira The owner/applicant is proposing a severance to split the existing lot to facilitate the development of a semi-detached building. Document Number: 3286721 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Airport Regulation: Regional Staff advise that the subject lands are located within 6 kilometres of the Region of Waterloo Airport and are subject to the Airport's Zoning regulations. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. *kIYUKIN-1 285 Connaught Street Vladan and Mira Knezevic The owner/applicant is requesting to sever a rear section of the subject property to add to the lot located at 153 Fifth Avenue. Airport Regulation: Regional Staff advise that the subject lands are located under the airport runway take- off approach surface and Region of Waterloo Airport's Zoning regulations. The occupants would be subject to the presence and noise from flying aircrafts. For any further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca Regional Staff has no objection to the proposed application. CC2020-001 75 Tillsley Drive Governing Council of the Salvation Army in Canada The owner/applicant is proposing a change to conditions to the previously approved consent application B2019-011. The purpose of the original application was to permit a lot severance from the existing 2.64 -hectare parcel of land. The owner/applicant has expressed difficulties with fulfilling City of Kitchener conditions related to the deed of endorsement and the solicitor's undertaking immediately following registration of the severance deed as the owner/applicant is a not-for-profit organization. Regional Staff has no objection to the proposed application. Document Number: 3286721 Version: 1 General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Planner Document Number: 3286721 Version: 1 Region of Waterloo April 17, 2020 Juliane von Westerholt City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Westerholt: 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, ELEV08 Properties 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH 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. Document Number: 3271770 Page 1 of 2 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, �] --: ____yLt - f" Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 and n 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 i Phone: 519.621.2761 Toll free: 866.900.4722 Fax: 519.621 .4844 Online: www.grandriver.ca s ° tion PJ�r 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 B2020-021 B2020-024 B2020-025 GRCA COMMENT*: 948 Chapel Hill Court 944 Chapel Hill Court 124 Walker Street 285 Connaught Street 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 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities 0 The Grand — A Canadian Heritage River 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 cfosterpengel ly@g rand river. ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and Page 2 of 2 mandate of the Grand River Conservation Authority.