The URL can be used to link to this page

Home My WebLink AboutDSD-20-131 - A 2020-067 - 297 Ottawa St SREPORT TO:Committee of Adjustment DATE OF MEETING:September 15, 2020 SUBMITTED BY:Juliane von Westerholt,Senior Planner-519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner –519-741-2200 ext. 7070 WARD:9 DATE OF REPORT:September 4, 2020 REPORT NUMBER:DSD-20-131 SUBJECT:ApplicationA2020-067 297 Ottawa Street South Owners/Applicants–Andrew Steinbach & Jeremy Krygsman Approve Subject Property: 297 Ottawa Street South Report: The subject property is designated as Low Rise Conservation Residential in the Mill Courtland Woodside Park Neighbourhood Secondary Plan (City’s Official Plan)and zoned as Residential Five (R-5) in Zoning By-law 85-1. Neighbourhood Planning Reviews The City is undertaking a detailed review of the land use and planning framework for many specific Kitchener neighbourhoods, including the subject property, known as the Neighbourhood Planning Reviews project. This process involves creating new policies and mapping that will be added to ourOfficial Plan, updatingzoning, considering newurban design guidelinesand implementing ourcultural heritage landscapes. Through this, the City will be implementing the Planning Around Rapid Transit Stations (PARTS) Study, Kitchener’s Cultural Heritage Landscape Study (CHLS), and the Residential Intensification in Established Neighbourhoods Study (RIENS). The property is proposed to be designated as Low Rise Residential Limited in the new Rockway Secondary Plan. TheRockway Secondary Plan was presented to Kitchener City Council in December 2019however,no final decision has been made and therefore the plan has no legal status. Along with the new land use designation, new zoning was also recommended, being RES- 3 (159). As these changes have not yet been approved, theOfficial Plan designation and R-5 zoning prevails. Minor Variance Application A2020-067requests variances to legalize the existing building and driveway in order to convert the existing single detached dwelling into a triplex (multiple dwelling with 3 dwelling unit).Specially, the application is seeking relief; From Section 39.2.4 to legalize the existing side yard abutting a street (setback of the existing garage from Acacia Street) of 0.3 metres, whereas 4.5 metres is required, From Section 39.2.4 to legalize the existing garage setback of 0.3 metres, whereas a building used to accommodate off-street parking (existing garage) shall not be located closer than 6.0m to astreet line, From Section 6.1.1.1.d)i) to permit parking for a multiple dwelling to be located between the facade and the front lot line and between the facade and the side lot line abutting a street, including within 3.0m of the street line, for the existing driveway, and From section 5.3 to legalize the existing driveway within the Corner VisibilityTriangle (CVT)and Driveway Visibility Triangles(DVT), whereas the CVT and DVT are to be free of obstructions including vehicles. A Site Plan application will be required to convert the existing building to a triplex (multiple dwelling). A site inspection wasconducted on September 1, 2020. Front View –Existing Building at 297 Ottawa Street South Side View –Existing Building at 297 Ottawa Street South 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 offers the following comments. 1.General Intent of the Official Plan The intent of the Low RiseConservation designation is to retain the existing low rise, low density, primarily detached housing stock,while simultaneously allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. Permitted uses are restricted to singledetached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings to a maximum of three dwelling units, small lodging houses, small residential care facilities, home businesses and private home day care.The proposed variances are required to legalize the existing building and driveway so that an addition can be added for the conversion to athree-unitmultiple dwelling. Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2.General Intent of the Zoning By-law The intent of the parking and garage setbacksare toensure that the garage and parking are not the dominate featuresof abuilding.The setback of 6.0 metre is to provide an additional parking space in a driveway. In this case, the garage is existingand is located close to Acacia Street. The single car garage is setback behind the front façade of the building facing Ottawa Street andisnot the dominate feature of the building’s frontelevation.The existing driveway can accommodate a second parking space. For the Acacia street frontage, the garage is very close to the street and the new addition is proposed to be setback to comply with zoning regulations. The existing garage door faces Ottawa Street and there is an existing window facing Acacia Street. While the new addition will be setback behind the front facadeof the garage along Acacia Street, it will feature openings (windows and doors) and an upper deck which will add visual interest to that façade. The parking will be to the rear of the proposed addition, and not between the addition and Acacia Street. The intent of the Corner Visibility Triangle (CVT) and Driveway VisibilityTriangles (DVT) regulations is to ensure that there are clear sight lines for vehicles when they travel from Acacia Street to Ottawa Street. The newly built ION had a dedicated right of way along Ottawa Street adjacent to the subject propertyand the train travels in only the northeast direction in the location (single loaded track). The ION right of way is on the south side of the motor vehicle lanes, offsetting those lanes further away from the subject property, improving visibility to the right (northeast) of the intersection adjacent to the CVT and DVT. The garage and driveway are existing,andthe new additional parking is proposed to the rear of the addition. As such, no additional parking should occur in the driveway, maintaining the current arrangement. Planning Staff is of the opinion that the requested minor variancesmeet the general intent of the Zoning By-law. 3.Are the VariancesMinor? The variances will legalize the existing building and allow for a rear yard addition, creating two additional dwelling units, for a total of three units. The proposedaddition would permit a slight increasein density within close proximity to an ION station stop while preserving the existing built form. The new addition complies with zoning regulations, and the variances are needed for the existing building which is proposed to be retained. Therefore, Planning Staff is of the opinion that the requested minor varianceisminor. 4.Are the VariancesAppropriate? Planning Staff is of the opinion that the variances areappropriate. The design of the new addition complies with zoning regulations and the variances are only required to legalize the existing building. 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 Comments: As this is an existing condition, Transportation Services does not have any concerns with the proposed application. There is adequate sightlines for vehicles looking north down Ottawa Street South from Acacia Street before they encroach into the LRT right-of-way. Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: Engineering staff have reviewed the application and have no concerns. EnvironmentalPlanning Comments: Environmental Planning staff have reviewed the application and have no concerns. Region of Waterloo: Regional staff have reviewedthe application and have no concerns. RECOMMENDATION: That Minor Variance Application A2020-067 requesting relief from Section 39.2.4 to legalize the existing side yard abutting a street (setback existing garage from Acacia Street) of 0.3 metres, whereas 4.5 metres is required, and from Section 39.2.4 to legalize the existing garage setback of 0.3 metres, whereas a building used to accommodate off-street parking (existinggarage) shall not be located closer than 6.0metresto the street line, and from Section 6.1.1.1.d)i) to permit parking for a multiple dwelling to be located between the facade and the front lot line and between the facade and the side lot line abutting a street, including within 3.0metresof the street line, for the existing driveway, and from Section 5.3 to legalize the existing driveway within the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT), whereas the CVT and DVT are to be free of obstructions including vehicles, be approved. Garett Stevenson, B.E.S.,MCIP, RPPJuliane von Westerholt,B.E.S., MCIP, RPP Senior PlannerSenior 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.