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DSD-20-112 - A 2020-048 - 581 Strasburg Rd
Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 6 DATE OF REPORT: September 8, 2020 REPORT #: DSD -20-112 SUBJECT: A2020-048 — 581 Strasburg Road Applicant — GSP Group Inc. c/o Valerie Schmidt Owner — Trez MR Holdings (Ontario) Ltd. Approve Subject to Condition I + • Ir�_c a: Figure 1. View of the south elevation of the existing building REPORT Planning Comments: The subject property is located on Strasburg Road, north of Block Line Road, in the Alpine Planning Community. The subject property is designated Medium Rise Residential in the Official Plan and has a Community Node Urban Structure element. The property is zoned Residential Eight (R-8) in By-law 85- 1. As of yet, no new zoning category is proposed for the subject property through the City's Comprehensive Review of the Zoning By-law (CRoZBy). Low Rise Residential development (existing semi-detached dwellings) is located to the north and east, while Medium Rise Residential development (existing 8 -storey, 95 -unit multiple dwelling; and planned 9 -storey, 107 -unit multiple dwelling) is located immediately to the south. Planning staff visited the site on June 16, 2020. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The property is developed with a 2.5 storey, 21 -unit multiple dwelling. Earlier this year, the site plan application (file SP19/093/S/LT) received final approval to allow the construction of a two-storey addition (14 units) on top of the existing building and would allow a renovation of the building's interior to result in a 4.5 storey, 35 -unit multiple dwelling. A building permit for construction was issued in July; however, construction has not yet begun. In January 2020, the owner received approval of a minor variance from the Committee to reduce the number of required parking spaces from 61 to 35. At this time, the owner is seeking further Committee approval of a minor variance to allow 16 ground - supported balconies within the required minimum side yard, on the south side of the building. The existing floors are to be retrofitted with balconies, while the new, third storey would be constructed with balconies at the outset. Section 5.6A.1 a) of Zoning By-law 85-1 does not permit balconies to project into a required yard if they are supported by the ground. In this case, the required setback in the R-8 Zone is 6.0 metres, and the requested setback is 4.6 metres. Consequently, the proposed balconies would project a maximum of 1.4 metres into the required side yard. General Intent and Purpose of Official Plan Test A number of Official Plan policies are applicable to the requested variance, including, but not limited to: 4.C.1.8. Where ... variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the... minor variance(s) will be reviewed, but not limited to the following to ensure, that: c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. 4.C.1.13. The City will work with the development industry and other community members to identify and encourage innovative housing types and designs in the city where such innovation would: k) reflect, add and/or enhance architectural interest and character. In this regard, the proposed balconies are compatible in scale, massing, design and character with adjacent properties. A sufficient setback will remain to mitigate privacy impacts, especially since the building is planned to be only 4.5 storeys in height. Additionally, the proposed balconies enhance the architectural interest and character of the building. Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the by-law prohibiting ground -supported balconies in all required yards is to prevent privacy, visual encroachment, and general compatibility issues. However, it should be noted that if the proposed balconies were cantilevered, rather than ground -supported, the Zoning By-law would require only a 0.75 metre setback from the side lot line. In this case, the proposed ground -supported are set back 4.6 metres from the side lot line. Planning staff is of the opinion that the proposed setback is sufficient to mitigate the aforementioned issues, especially considering the relatively low height of the building. Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. "Minor" Test The variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or lands. The Tree Preservation & Enhancement Plan approved as part of the site plan application for the related development identifies 14 large trees located along the lot line in question, on the adjacent property. These trees are in "good" to "fair" condition and will act as a mitigative buffer between the buildings. Additionally, the adjacent building is set back 6.0 metres from the lot line. The proposed 4.6 metres setback would mean that there would be 10.6 metres between buildings that would further act as a buffer. Planning staff is of the opinion that the variance is minor. Desirability for Appropriate Development of the Land Test The variance will allow the construction of balconies that will provide private, outdoor amenity space for both new and existing. In addition, the proposed balconies provide for an attractive building form and fagade that is compatible with surrounding buildings. Planning staff is of the opinion that the variance is desirable for the appropriate development of the land. As a condition of the variance, the site plan approval, including but not limited to site plan and elevation drawings, should be updated to reflect the inclusion of balconies. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new balconies are obtained prior to construction. Please contact the Building Division @ build ing@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: No concerns or comments. Environmental Planning Comments: This project is proceeding through the site plan approval process and is subject to the typical tree management requirements through that process. Region Comments: No concerns. RECOMMENDATION That Minor Variance Application A2020-048 requesting relief from Section 5.6A.1a) to allow ground -supported balconies to extend 1.4 metres into the required 6.0 metre minimum side yard (i.e., balcony setback of 4.6 metres), be approved, subject to the following condition: 1. That the owner shall obtain a revision to Site Plan Application SP19/093/S/LT to address the proposed balconies, to the satisfaction of the City's Manager of Site Development and Customer Service. Andrew Pinnell, M IP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Attach: • Plan Submitted with Application Form .. \ . ^ � � �\� � � �� �_ � z� \\: ©^ � �\/\\� � ����\�\ \\� - �}}}� ��\�} (\` \\}\/\ \/\\» \ � ..\\^\� >�����.� /,�^�^w 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