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Home My WebLink AboutDSD-20-132 - A 2020-068 - 175 Queen St NREPORT TO:Committee of Adjustment DATE OF MEETING:September 15, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Eric Schneider, Planner–519-741-2200 ext. 7843 WARD:10 DATE OF REPORT:September4, 2020 REPORT #:DSD-20-132 SUBJECT:A2020-068–175 Queen Street North Applicant –Matt Johnston Approval of Variances 1 & 2 Refusal of Variance 3 Location Map: 175 Queen Street North *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Background: The subject property contains a 17 storey, 162 unitmultiple dwelling residential building. The site received Draft Approval of Condominium Conversion in 2011, however,it has not been registered yet. The applicants are now proposing to add 3 residential units to the ground floor. The addition of 3 units requiresan update to the Site Plan and a modification to the Draft Plan of Condominium, which have been submitted and are under review. Planning Comments: The subject property located at 175 Queen Street North is zoned Residential Nine Zone (R-9) in theZoning By-law. The property is designated High Density Multiple Residential in theCivic Centre Secondary Plan in theOfficial Plan. Staff conducted a site inspection of the property on September 4,2020. The applicant is requesting the following parking reductions from the Zoning By-law: 1.Requesting 1.12 parking spaces per unit (184 Spaces for 165 Units) rather than the required 1.25 parking spaces per unit (206)parking spaces. 2.Requesting 4% (8) visitor parking space rather than the required 20% (41) visitor parking spaces. 3.Requesting 2 barrier free parking spaces rather than the required 7 barrier free parking spaces. View of Subject Property (September 4, 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. Variances1& 2–Required and Visitor Parking General Intent of the Official Plan 1.The requested variancesmeet the general intent of the Official Plan. The High Density Multiple Residential designation in theCivic Centre Secondary Planrecognizes the existing multiple dwelling buildings and the addition of 3 units and reduction of requiredand visitor parkingdoes not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2.The intent of the regulation that requires 1.25 parking spaces per unitand 20% visitor parkingis to ensure that there is sufficient space for vehicle storage on site. The subject property is located within walking distance to the downtown core, is close to amenities, and well serviced by public transit.The need for vehicle storage is reduced in walkable neighbourhoods and staff isof the opinion that the existing 184 parking spaces are sufficient for vehicle storage on this site. Thiswill still provide more than 1 space per unit, so every unit will have at least 1 parking space. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3.Theproposed additional units will not require any additional floor space and will be on the ground floor of the existing building.All existing units will continue tobe provided with 1 parking space and no other impacts are expected. Therefore, the variances are considered appropriate. Is the Variance Minor? 4.Therequest for reduction in parking represents the existing parking area on-site and the addition of 3 units is not expected to create a significant increase in demand for parking on site. No impacts to the existing tenants or surrounding neighbourhood are expectedandthe variancesaretherefore considered minor. Variance 3-Barrier Free Parking General Intent of the Official Plan 1.The requested variance for reduction in barrier free parking does not meet the general intent of the Official Plan. The Official Plan encourages existing sites that are redeveloped to be planned to be barrier-free and universal accessibility by all citizens. The City will enforce accessibility related legislation and regulations. The regulations for providing barrier free parking spaces are informed by the Accessibility for Ontarians with Disabilities Act, 2005. Therefore, the requested variance for reduction in barrier free parking spaces does not meet the general intent of the Official Plan. General Intent of the Zoning By-law 2.The regulation that requires 7barrier free parkingspacescomes from Section 80 of the Accessibility for Ontarians with Disabilities Act, 2005. These parking calculations were transferred directly into the City’s Zoning By-law. The province has deemed these to be acceptable amounts of barrier free parking, depending on the amount of parking spaces in total for a given site. In the opinion of Staff, barrier free parking spaces are regarded differently than standard or visitor parking spaces, and do not support any reductions in barrier free parking spaces. The required 7 barrier free parking spaces is considered to be an appropriate amount for a building with 165 units and the existing spaces on site can be retrofitted to be converted to barrier free spaces with no undue hardship for the applicants. Therefore, the requested variance does not meet the general intent of the Zoning By-law and should not be supported. Is the Variance Appropriate? 3.Thereduction of barrier free parking spaces is not considered appropriate. The people that rely on these parking spaces often do not have the option to use alternative means, such as street parking or active transportation as a method to get around. 2 barrierfree parking spaces for a building with 165 units is not considered appropriate. Is the Variance Minor? 4.Thereduction of barrier free parking spaces from 7 to 2 spaces is not considered minor. The impact of providing insufficient barrier free parking spaces is considerable, as it has the potential to pose major challenges to persons with a disability. Therefore, the variance is not considered minor. For these reasons noted above this variance to reduce the number of barrier free spaces should not be supported. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition residential units are obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given that the existing site has operated as is since its inception and there are no additional units being added to the condominium conversion, Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: The subject property is designated under Part V of the Ontario Heritage Act and forms part of the Civic Centre NeighbourhoodHeritage Conservation District. A Draft Plan of Condominium was submitted in the spring to facilitate three additional residential units to the ground floor. Given that the Minor Variance request is associated with parking requirements on the subject lands and that there are no exterior alterations proposed to the building, Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-068requesting permission to construct 3 additional residential units on the ground floor of an existing multi-residential dwelling having 1.12off- street parking space/per unit (184off-street parking spaces) for a multi-residential dwelling totaling over 61 units rather than the required 1.25 off-street parking spaces/per-unit (206 off- street parking spaces); having 8off-street visitor parking spaces rather than the required 41 off- street visitor parking spaces (20% required)AS AMENDEDbe approved. That minor variance application A2020-068requesting permission to construct 3 additional residential units on the ground floor of an existing multi-residential dwellinghaving 2 barrier-free parking spaces rather than 7barrier-free parking spacesAS AMENDEDberefused. _____ Eric Schneider,MCIP, RPP Juliane von Westerholt,B.E.S., MCIP, RPP Planner 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.