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Home My WebLink AboutDSD-20-119 - A 2020-055 - 61 Irvin StStaff Report Development Services Department 1 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: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: September 3, 2020 REPORT #: DSD -20-119 SUBJECT: A2020-055 — 61 Irvin St Owner — 2706997 Ontario Inc. Applicant — Robert Turner (Fryett Turner Architects Inc.) Approve with Conditions Location Map: 61 Irvin Street REPORT Planning Comments: rur r. k 711 ict Property s�. The subject property located at 61 Irvin Street is zoned Residential Five (R-5) in Zoning By-law 85-1 and designated Low Rise Conservation B in the Central Frederick Neighbourhood Plan for Land Use. The subject property contains an existing duplex. The applicant intends to convert the existing building to a multiple dwelling with 3 units (triplex). Several variances are required to legalize existing conditions. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting relief from the following sections of the Zoning By-law: - Section 39.2.4 of the Zoning By-law to permit a multiple dwelling with 3 units to have a lot width of 12.9 metres rather than the required 15 metres; - Section 39.2.4 to have a side yard setback of 0.71 metres rather than the required 1.2 metres; - Section 39.2.4 to have a front yard setback of 4.28 metres rather than the required 4.5 metres; - Section 6.1.1.2 d) to have 1 required parking space to have a width of 2.48 metres rather than the required 2.6 metres; - Section 6.1.1.1 d) i) to permit 2 required parking spaces to locate between the facade and the front lot line whereas this is not permitted; and, - Section 6.1.1.2 d) to permit 2 parking spaces located in the front yard to have a length of 4.28 metres rather than the reauired 5.49 metres. SiAeualk } CA IRVIN 5'rI EET Nm Edmnee Parch t IEp Ir ' 12gY9 ----- f' Sidewalk Sidewalk O P3 P1 9 °d� L oFFxtarlorYlall I P3 II I I '5 I 'S9 b1 j 65 b7 � 9l vnxn 11 b 13 9111E AFa 24M Proposed Site Plan of Subject Property City Planning staff conducted a site inspection of the property on September 2, 2020. 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. 1. General Intent and Purpose of Official Plan Test The subject property is designated Low Rise Conservation B in the Central Frederick Neighbourhood Plan for Land Use. The intent of this designation is to retain the existing low-rise character of the neighbourhood while allowing the creation of additional units through the conversion of the existing residential structures. The requested variances to support converting the existing duplex building into a triplex (multiple dwelling with 3 units) is consistent with the policies in the land use designation and is in keeping with the general intent and purpose of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variances to have a lot width of 12.9 metres rather than 15 metres, to have a side yard setback of 0.71 metres rather than 1.2 metres, and to have a front yard setback of 4.28 metres rather than the required 4.5 metres, meets the general intent and purpose of the Zoning By-law. The purpose of these regulations is to have a wide enough lot for a proposed use, to have sufficient space in the side yard to be able to access the rear, and to have a front yard setback that is consistent along the street. In this case, all three of these conditions are existing, and staff has no concerns with legalizing them in order to facilitate a conversion of the existing building to a Multiple Dwelling (3 units). The lot width is wide enough to accommodate the use, there is sufficient space in the side yard to access the rear, and the front yard setback is consistent with the streetscape. The requested variance to have one of the required parking spaces to have a width of 2.48 metres rather than 2.6 metres, and the requested variance to have two of the required parking spaces to have a depth of 4.28 metres rather than the required 5.49 metres, meets the general intent of the Zoning By-law. The general intent of both of these regulations is to ensure that there is enough space for a vehicle to park within the space. Staff is satisfied that this will be the case. When vehicles are parked within the two spaces that are 4.28 metres deep, it is probable that they may encroach slightly beyond the front property line onto City land (but not the sidewalk). As such, staff has added a condition that the owner enter into an encroachment agreement with the City. The requested variance to permit two parking spaces to locate between the facade and the front line, whereas this is not permitted, meets the general intent of the Zoning By-law. The intent of this regulation is to encourage vehicles to be hidden from view behind the facade of the dwelling. In this case, both parking spaces located in front of the facade are existing and staff has no concern with their continued existence to support the conversion of the property into a 3 -unit Multiple Dwelling. The third required space will be located behind the facade. To contribute to an enhanced streetscape, staff has added a condition that a concrete sidewalk be installed in between the two parking spaces located in front of the facade. This sidewalk would run from the entrance of the building to the City sidewalk. Based on the site plan provided with the minor variance application, the applicant intends to do this. 3. "Minor" Test The variances can be considered minor as the building location and parking layout is existing. There will be the minimum requirement of 1 parking space for each unit provided on site and staff is of the opinion that the property can function well as a 3 -unit multiple dwelling. 4. Desirability for Appropriate Development or Use Test The requested variances are appropriate for the development and use of the land, as the proposed residential addition and legalization of an existing driveway is consistent with the development of the neighbourhood. There are no additions proposed to the existing building, merely a conversion of the existing building into a triplex. Based on the foregoing, Planning staff recommends that this application be approved, subject to the conditions outlined 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 to a triplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given the existing nature of the property and how it functions, Transportation Services can support the proposed variances related to parking. The property lies on a very low traffic roadway and as a triplex only requires three (3) parking spaces which classifies as a driveway and permits vehicles to reverse out on to the roadway. The following are recommended as conditions of approval for this application: The applicant/property owner enters into an encroachment agreement, if one does not already exist. The construction of a new concrete sidewalk from the front porch to the sidewalk (as shown in the proposed site plan) and should be a minimum of 1.5m in width. Heritage Comments: There are no cultural heritage concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 61 Irvin Street is located within the Central Frederick Neighbourhood Cultural Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-055 requesting relief from Section 39.2.4 of the Zoning By-law to permit a multiple dwelling with 3 units to have a lot width of 12.9 metres rather than the required 15 metres, from Section 39.2.4 to have a side yard setback of 0.71 metres rather than the required 1.2 metres, from Section 39.2.4 to have a front yard setback of 4.28 metres rather than the required 4.5 metres, from Section 6.1.1.2 d) to have 1 required parking space to have a width of 2.48 metres rather than the required 2.6 metres, from Section 6.1.1.1 d) i) to permit 2 required parking spaces to locate between the fagade and the front lot line whereas this is not permitted, and from Section 6.1.1.2 d) to permit 2 parking spaces located in the front yard to have a length of 4.28 metres rather than the required 5.49 metres, BE APPROVED subject to the following conditions: 1. That the Owner enter into an encroachment agreement with the City of Kitchener to locate a portion of 2 parking spaces on land owned by the City; 2. That the Owner install and maintain a 1.5m concrete sidewalk between the two parking spaces located in the front yard as shown in the site plan submitted with the minor variance application, and that the sidewalk run from the front entrance of the dwelling to the City sidewalk. 3. That the Owner apply for a Zoning (Occupancy) Certificate for the Multiple Dwelling (3 units) to the satisfaction of the Director of Planning prior to August 31, 2021. Ejo-'OA) tN -�J Richard a y- ue z, BES Planner Juliane von Westerholt, BES, MCIP, RPP 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