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Home My WebLink AboutDSD-20-128 - A 2020-064 - 193 Strange St`` 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:Sheryl Rice Menezes, Planning Technician –519-741-2200 ext. 7844 WARD:9 DATE OF REPORT:September 9, 2020 REPORT #:DSD-20-128 SUBJECT:A 2020-064–193 Strange Street Owner–Cristina Nicoli Approve, as Amended,with Conditions Photo 1: Aerial photo REPORT Planning Comments: The property is zoned I-1(Institutional One),with special provision 102U, in By-law 85-1 and designated Community Institutional in the K-W Hospital Neighbourhoodin the Official Plan. It is located on the north- west corner of the intersection of Strangeand Elms Streets.Staff visited the site on September 8,2020. The owner is requesting permission to construct a detached garage in the rear yard of an existing single detached dwelling having a side yard abutting Elm Street of 4.5 metres rather than the required 6 metres. As well, further review by staff hasdetermined that there is anadditional variancerequired. The maximum driveway width permitted for this property is 8 metres. Though not shown on the drawing, the applicant has advised that the driveway width in front of the detached garage is 8.63 metres, therefore, this will also require a variance. Staff recommendsthat this variance be amendedtopermit to construct a detached garage in the rear yard of an existing single detached dwelling having a side yard abutting Elm Street of 4.5 metres rather than the required 6 metres; and to permit a driveway width of 8.63 metres rather than the maximum permitted 8 metres. 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 isdesignated Community Institutional in the K-W Hospital Neighbourhood Secondary Plan.The intent of thisdesignationis to make provision and recognize the existence of institutional uses such as elementary schools, churches and community services. As well, it makes provisionfor a range of residential uses which are complementary to the community institutional uses. The single detached dwelling is permitted in the designation and the proposed detached garage accessory to this permitted use. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law Theintent of the 6-metre setback for a building used to accommodate off-street parking is to ensure that there is an adequate driveway area in front of the garage so that any vehiclesparked outside of the garage do not encroach onto City lands and/or sidewalks.At 4.5 metres, the area proposed in front of the garages would accommodate mid-size to smaller vehicles. In addition, there is City owned land of approximately 6.4 metres between the property lot line abutting Elm Street and the City sidewalk (see Photo 1). The 4.5 metres setback on the subject property and the 6.4 metresto the sidewalk provides anadequate driveway area for vehicles that may be parked in front of the garage.Staff isof the opinion that the general intent of the Zoning By-law is met. It is noted that the proposed detached garage is intended to accommodateparking forthree vehicles. As notedby Transportation Planning staff, the minimum parking space size inside a garage is 3.04 by 5.49 metres, and this will be reviewed and confirmed through a Building Permit. Minor As noted above, the proposed setback on the subject property will provide for adequate parking area for vehicles in front of the 3-car garage. Staff isof the opinion that the variance is minor. Appropriate Development The proposed variance is for an accessory detached garage to a single detached dwelling. It is noted that there is a permitted home business (personal service) in the house. The garage and the driveway in front of the garage will provide enough parking forboththe dwelling and the home businessuse. Also, based on above comments, staff isof the opinion that the variance is appropriate for the subject property and surrounding residential, institutional and industrially zoned areas. Photo 2: View from Elm St. Additional comments Staff hasreviewedthe property historyand note the following: 1)A previous owner has created agravel parking area that covers the entire rear yard. This is in not in compliance with the Zoning Bylaw which permits amaximum 8 metres of width for one driveway only. However, as noted inthe amendment to this variance, a driveway width of 8.63 metres is being requested. Staff haspreviously advised the owner that thenon-complying driveway/parking area is to be removedto prevent vehicles parking throughout theentirerear yard area (see Photo 2). Staff is requesting a condition thata plan of the property be submitted that details the driveway and the material to be used for the driveway; as wellas notingthe area where the non-complying gravel is to be removed and landscaping installedand any other method to prevent parking (such as fencing). If fencing to be installed on City property, the applicant and owner are advised that it shall be included in the encroachment agreement. The owner would have until 8 months after building permit issuance to implement the plan, or the matter will be forwarded to Enforcement staff. Photo 3 –View from Strange St(encroachment of landscaping and sidewalk to the left of the building). 2)In addition, it is noted that a previous owner has installed landscaping and a sidewalk that is adjacent to the dwelling along the Elm Street lot line (see Photos 2 and 3). The current owner has been advised that an encroachment agreement is required for the materials. As this area of encroachment is not part of the rear yard, nor does it impact the proposed detached garage, staff are not requesting this to be a condition. Instead, staff will ask that the Enforcement division follow up on the matter. Based on the foregoing, Planning staff recommends that this application beapproved, as amended, subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the detached garage is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: The proposed garage should be constructed so that each parking space has aminimum dimension of 3.04metres in width and 5.49 metresin lengthin order to accommodate for door swing and circulation within the garage structure.That being said, Transportation Services has no other concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: There are no natural heritage features or functions of local, Regional, Provincial or national significance on, or adjacent to, the subject properties. No portion of the propertyis regulated by the GRCA. However, trees subject to the City’s Tree Management Policy(rev. 2001)exist along the boundary of the property in its northwest corner. Ifthe contemplated development will impact trees—particularly in shared ownership—a scoped Tree Management Plan should be completed at the appropriate milestone. Planning staff to confirm this requirement. Heritage Planning: There are no cultural heritage concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 193 Strange Street is located within the Warehouse District 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. RECOMMENDATION: That application A 2020-064,as amended,to permit construction ofa detached garage in the rear yard of an existing single detached dwelling having a side yard abutting Elm Street of 4.5 metres rather than the required 6 metres; and to permit a driveway width of 8.63 metres rather than the maximum permitted 8 metres,be approved, subject to the following conditions: 1)That a scoped Tree Management Plan be submitted, if determinedto be required by the Environmental Planner, Planning Division; 2)That a building permit be obtained from the Building department(and the permit to ensure that the minimum 3.04metres by 5.5 metresparking space sizeis metinside the garage); 3)That ascaled plan of the property be submitted detailing the material that will be used in the rear yard for the driveway and for the remaining area, which will have the non- complying gravel replaced with landscaping (grass), and any other method to prevent parking (such as afence). The plan is to be to the approval of Planning staff. It is noted that only one driveway is permitted along Elm Street;and, 4)That conditions 1 through 3noted above be completed by July 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning) Senior Planner August 31, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 4) VAR KIT, KANCO Kitchener, ON N2G 4G7 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌБЎБЍЊ Ћ tğŭĻ Њ ƚŅ Ћ 13)A 2020-057114 Blair Creek DriveNo 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 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 Committeeof Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance Asareminder, the attachedletter from Nancy Davy, Director of Resource Managementwas circulated to municipalities to indicate that GRCAstaff 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 B2020-026225Fairway RoadSouth B2020-02711Chicopee Park Court B2020-02811Chicopee Park Court B2020-029442Old Chicopee Trail B2020-03058Barbara Crescent B2020-031500KarnStreet B2020-032160Strange Street B2020-0334Westgate Walk B2020-034to B2020-036956. 958, 960, 962 Glasgow Street B2020-0371541Highland 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 questionsor require additional information, please contact me at 519-621-2763 ext. 2228or aherreman@grandriver.ca. Sincerely, Andrew Herreman,CPT 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 1of 1 the Grand River Conservation Authority.