HomeMy WebLinkAboutDSD-20-110 - A 2020-046 - 221 Vanier DrStaff Report
AaR
Development Services Department www.kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 15th, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Tim Seyler, Planner- 519-741-2200 ext. 7860
WARD: 3
DATE OF REPORT: September 3Id, 2020
REPORT #: DSD -20-110
SUBJECT: A2020-046 - 221 Vanier Drive
Applicant - Andrew Head on behalf of Ruby Reid
Recommendation: Approve with conditions
Location Map: 221 Vanier Drive
REPORT
Planning Comments:
The subject property located at 221 Vanier Drive is zoned Residential Three Zone (R-3) in the
Zoning By-law 85-1. The property is designated Low Rise Residential in the Official Plan. The
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applicant is requesting to legalize the use of the property as a triplex, whereas a multiple
dwelling is not a permitted use in the zone.
The applicant has submitted a site plan application for the triplex use that is currently under
review.
Staff conducted a site inspection of the property on August 26th, 2020.
221 Vanier Drive
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.
General Intent of the Official Plan
1. The requested variance meets the general intent of the City's Official Plan. The Official Plan
encourages redevelopment that provides for an appropriate range, variety and mix of
housing types to satisfy the varying housing needs of the community. In addition, it
encourages the retention and rehabilitation of existing housing to maintain the housing
stock, stability, and community character of established residential neighbourhoods.
General Intent of the Zoning By-law
2. The requested variance meets the general intent of the Zoning By-law. The property has
been used as a triplex previously and functioned without issue. The general intent of the
Zoning By-law is to provide for overall low density uses in the zone. Staff is of the opinion
that adding one additional unit above the maximum of 2 (duplex) in this zone will still provide
for a low density use and will therefore continue to meet the general intent of the Zoning By-
law.
Application is Minor
3. The variance is considered minor. The addition of 1 unit is a small increase and is not
expected to cause adverse impacts. The site conditions allowing for 3 units are already
existing.
Application is Appropriate?
4. The triplex use is appropriate for the neighbourhood. The applicant does not propose any
alterations to the building or the site, as sufficient parking exists. The use of triplex is a low
density use and can be considered appropriate in this low density neighbourhood.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
change of use to a triplex is obtained prior to construction. Please contact the Building Division @
building@kitchener.ca with any questions.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Heritage Planning Comments:
Heritage Planning staff has no concerns with this application.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That application A2020-046 requesting permission to convert an existing duplex into a
triplex use whereas the By-law does not currently permit a Triplex in the existing zone be
approved, subject to the following conditions:
1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to
establish the Multiple Dwelling use on the property.
2. That Site Plan approval is issued to the satisfaction of the Manager of Site
Development and Customer Service.
3. That all conditions shall be completed prior to July 1St, 2021. Any request for a
time extension must be approved in writing by the Manager of Development
Review (or designate), prior to the completion date set out in this decision. Failure
to fulfill these conditions will result in this approval becoming null and void.
r
Tim Seyler, BES Juliane von Westerholt, B.E.S., MCIP, RPP
Planner Senior Planner
Region of Waterloo
August 31, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
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
4) VAR KIT, KANCO
6) 55, LIVIU CANANAU
8) HURON VILLAGE 30T 01201
9) 04 URBAN, 80 MCGEE AVENUE
22) VAR KIT, EMMANUEL BIBLE COLLEGE
23) 04 URBAN, 297 OTTAWA STREET S.
Dear Ms. Dyson:
Re: Committee of Adjustment Applications September 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following updated comments:
1)
A 2020-045
— 1283 Victoria Street North — No Concerns.
2)
A 2020-046
— 221 Vanier Drive — No Concerns.
3)
A 2020-047
— 6 Pequegnat Avenue — No Concerns.
4)
A 2020-048
— 581 Strasburg Road — No Concerns.
5)
A 2020-049
— 26 6th Avenue — No Concerns.
6)
A 2020-050
— 598 604 608 Victoria Street South — No Concerns.
7)
A 2020-051
— 14 Tweedsmuir Court — No Concerns.
8)
A 2020-052
— 261 Woodbine Avenue — No Concerns.
9)
A 2020-053
— 80 McGee Avenue — No Concerns.
10) A 2020-054
— 115 Parkvale Drive — No Concerns.
11) A 2020-055
— 61 Irvin Street — No Concerns.
12) A 2020-056
— 49 Lichty Crescent — No Concerns.
Document Number: 3385841 V2
Page 1 of 2
13) A 2020-057
— 114 Blair Creek Drive — No Concerns.
14) A 2020-058
— 64 Grand Flats Trail — No Concerns.
15) A 2020-059
— 132 Wilhelm Street — No Concerns.
16) A 2020-060
— 36 Jacob Gingrich Drive — No Concerns.
17) A 2020-061
— 35 Sheldon Avenue North — No Concerns.
18) A 2020-062
— 6 Willow Green Court — No Concerns.
19) A 2020-063
— 353 Krug Street — No Concerns.
20) A 2020-064
— 193 Strange Street — No Concerns.
21) A 2020-065
— 192 Woolwich Street — No Concerns.
22) A 2020-066
— 110 Fergus Avenue — No Concerns.
23) A 2020-067
— 297 Ottawa Street South — No Concerns.
24) A 2020-068 — 175 Queen Street North — No Concerns.
25) A 2020-069 — 20 Hollybrook Trail — No Concerns.
26) A 2020-070 — 43 Hollybrook Trail — No Concerns.
27) A 2020-071 — 158 Pondcliffe Court — No Concerns.
28) A 2020-072 — 900 Pondcliffe Court — No Concerns.
29) A 2020-073 — 916 Pondcliffe Court — No Concerns.
30) A 2020-074 — 31 Wilfong Drive — 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,
-z] , r;-
Joginder Bhatia
Transportation Planner
P (519) 575-4500 Ext 3867
C (226) 753-0368
September 3, 2020
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Holly Dyson, Administrative Clerk Via email only
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: September 15, 2020 Committee of Adjustment Meeting
Applications for Minor Variance
As a reminder, the attached letter from Nancy Davy, Director of Resource Management was
circulated to municipalities to indicate that GRCA staff do not have the capacity to review all
minor variance applications at this time. If the City would like to request the review of a specific
application, please contact the undersigned. Otherwise, minor variance circulations received by
GRCA will not be reviewed at this time and comments will not be issued.
Applications for Consent
B 2020-026
225 Fairway Road South
B 2020-027
11 Chicopee Park Court
B 2020-028
11 Chicopee Park Court
B 2020-029
442 Old Chicopee Trail
B 2020-030
58 Barbara Crescent
B 2020-031
500 Karn Street
B 2020-032
160 Strange Street
B 2020-033
4 Westgate Walk
B 2020-034 to B
2020-036 956. 958, 960, 962 Glasgow Street
B 2020-037
1541 Highland Road West
The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca.
Sincerely,
—-K
erreman,
Andrew HCPT
Resource Planning Technician
Grand River Conservation Authority
`These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River
Sept. 4, 2020
City of Kitchener, Committee of Adjustment
Re: Application for Minor Variance, 221 Vanier Drive
We are not surprised that a variance application had to be made for this property. The structure in
question is so obviously in violation of city zoning regulations that we were surprised a building permit
was granted.
Under the circumstances, we strongly oppose this application.
When we called the city to voice our alarm about this project during construction, we were assured the
owners had a building permit for an addition to create space for an elderly family member.
Anybody looking at the structure knew that it was never going to be a granny flat.
The owners are now acknowledging that they have built a triplex. Based on the number of vehicles in
and around this property, we suspect it is nothing more than a glorified rooming house.
In the course of trying to sell the property last year (for around $1 million), the owners were informed
the addition was illegal and the property, therefore, unsellable. Having refused to ask for permission,
they are now asking for forgiveness.
This is a neighbourhood in transition. Many single-family homes have been converted into two -unit
rentals, most of them successfully. As proponents of affordable housing and diverse neighbourhoods,
we have embraced this change. We certainly have no objection to the 36 -unit stacked townhouse
development proposed for Vanier near Walton. We see this as responsible redevelopment, and a
natural evolution for an area that has been revitalized by families and students from all over the world.
Further, the LRT now makes this small, working class neighbourhood an option for tech workers from
businesses all along the ION's route. Properties like 221 Vanier Drive make the entire area far less
attractive to these young professionals.
What this property owner has done is good for none of us and sets a dangerous precedent. Why should
any of us heed zoning regulations if we can simply get the city's absolution after the fact?
We respectfully urge you to reject this application.
1
Holly Dyson
From:
Dianna Saunderson
Sent:
08 September, 2020 1:
To:
Holly Dyson
Subject:
FW: [EXTERNAL] Re: Re
Follow Up Flag:
Follow up
Flag Status:
Flagged
Written Submission for Vanier Drive.
Thank you,
Dianna Saunderson, AMP
13 PM
Committee of adjustment of hearing
Committee Administrator I Corporate Services City of Kitchener
519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saunderson@kitchener.ca
From:
Sent: Tuesday, September 8, 2020 1:12 PM
To: Dianna Saunderson<Dianna.Saunderson@kitchener.ca>
Subject: [EXTERNAL] Re: Re: Committee of adjustment of hearing
Hi Dianna This is my written submission for 221 Vanier Dr Zone change/ Thank you
To whom it may concern ,
This is my written submission to confirm I do not agree to the zone change for 221 Vanier Dr Kit. to be a legal triplex. I
did not want a multi unit apartment going up in my_ . Since this has happened I have had different issues with
the owner regarding damage, ie: vandalism to my fence which intern I had to call the Police and have a police report.
Tennents throwing garbage over the fence into_, BB gun be shot- and none seems to listen unless I
call the city or the Police.
Now I have a parking lot- and I feel this can lower our property value. If this gets approved it could change the
neighbourhood by more triplex's going up in the future.
Thank you for your time
On Sep 1, 2020, at 12:29 PM, Dianna Saunderson<Dianna.Saunderson@kitchener.ca> wrote:
Hi_,
Please feel free to take your time. You can provide a written submission up until September 91h, 2020 at 5:00 p.m.
for it to be included in the members packages with the balance of the staff reports. If you need additional time, it
can be sent all the way up until 5:00 p.m. September 14, 2020, which will then be emailed to the Committee
members for their consideration at the meeting.
Following the meeting you will be mailed a copy of the decision, as there is an appeal period for the Committee's
decision.
Regards,
Dianna Saunderson, AMP
Committee Administrator I Corporate Services City of Kitchener
519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saunderson@kitchener.ca
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From:
Sent: Tuesday, September 1, 2020 12:25 PM
To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca>
Subject: [EXTERNAL] Re: Committee of adjustment of hearing
Hello Dianna
Thank you so much for getting back to me, Is it ok to provide you a written submission. I will have it
done tonight and get it in the mail tomorrow if you can provide me the mailing details
Thank you
On Sep 1, 2020, at 8:55 AM, Dianna Saunderson <Dianna.Saunderson@kitchener.ca>
wrote:
Hello_
Thank you for your email, my apologies for the clerical error. You are more than welcome to
provide a written submission, or attend the electronic meeting to address the Committee
regarding your concerns. Please let me know if you wish to attend the meeting and I will forward
you the Zoom meeting details.
Please note, this is a public meeting and I would not be able to protect your contact information
if requested.
Regards,
Dianna Saunderson, AMP
Committee Administrator I Corporate Services City of Kitchener
519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saunderson@kitchener.ca
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From:
Sent: Tuesday, September 1, 2020 8:52 AM
To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca>
Subject: [EXTERNAL] Committee of adjustment of hearing
Hello Dianna,
I just contacted Sioban at the office regarding a letter I just received =
in my mailbox today regarding the notice of hearing. She suggested I =
email you . The date of the hearing is Sept 15 10am but in this letter =
it says must register by Aug 17 However I just received this today in my =
mail box So I hope I am able to take part in this
Name is
this is regarding Application A 2020-046-221 Vanier Dr
Please let me know=20
Thank you so much