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Home My WebLink AboutDSD-20-161 - A 2020-075 - 44 Martin St`` REPORT TO:Committee of Adjustment DATE OF MEETING:October 20,2020 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:October13, 2020 REPORT #:DSD-20-161 SUBJECT:A 2020-075–44 Martin Street Owner–Hema Jampala Approvewith Conditions Subject Property Photo 1: Aerial photo REPORT Planning Comments: The property is zoned R-5 (Residential Five) in By-law 85-1 and designated as Low Rise Conservation in the Mill Courtland Woodside Park Neigbourhood Plan of the Official Plan. It is located on the north side of Martin Street between Benton and Peter Streets.Staff visited the site onOctober 5,2020. The owner is requesting permission to legalize an existing 3-unit multiple dwelling (triplex) on a lot having an area of 354.59 square metres rather than the required 495 square metres; a front yard setback of 2.44 metres rather than the required 4.5 metres; a westerly side yard setback of 0.57 metres rather than the required 1.2 metres; and, to have 2 off-street parking spaces rather than the required 3 off-street parking spaces. 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. History Thesubject property was originally developed with a single detached building circa 1938. A two-storey addition and attached garage was added in 2016 to the single detached dwelling. Then in 2017, a building permit was obtained to convert the single detached dwelling to a duplex. At some date after this, further conversion was made to three-units without a building permit. A complaint was subsequently received the City’s Enforcement division. The current owner bought the property in early 2019 and wishes to legalize the third unit. It is noted the Committee of Adjustment decision A 2015-088 legalized the subject lot abuttinga public highway having a width of 9.1 metres rather than the required 12.19 metres. General Intent of the Official Plan The subject property isdesignated Low Rise Conservation in the Mill Courtland Woodside Park Neigbourhood Plan. The intent of the designation is to ‘retain the existing low rise, low density, primarily detached housing stock while simultaneously allowing a slight density increase by permitted conversion or redevelopment to a maximum of three dwelling units.’ 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 The intent ofminimum lot area yard setbacks is to ensure that the location of the building and the size of lot are appropriate for three dwelling units. A lot area of 495 square metres isgenerally required for a triplex, asthis would permit a parking area for three vehicles in the rear yard; as well as an amenity area for the residents. Because of the attached garage, parking in the rear yard is not possible. Additionally, the owner is requesting a parking variance (see comments below). The existing lot area of 354.49 square metres does provide for a rear yard amenity area for the residents and staff isof the opinion that this variance meets the general intent of the by-law. As well, the intent of the setbacks is to ensure that the building does not negatively impact the neighbouring properties nor the streetscape. The reduced front yard of 2.44 metresand side yard of 0.57 metres acknowledges the original building that was constructed in 1938. As a duplex, the setbacks noted are legal through Section 5.15 ‘Existing Use’ of the Zoning By-law. However, by converting to a triplex use, the setbacks are no longer covered by Section 5.15 and therefore are being considered through this variance application. It is noted that the 2016 addition meets the required setbacks for a triplex. As the front yard and side yard setback variances are to acknowledge the 1938 building, which has not been a concern to date, staff isof the opinion that the two variances meet the general intent of the by-law. Regardingthe parking variance to request two off-street parking spaces rather than the required three spaces, staff notesthat the subject property is located near the downtown area; as well as near bus routes along Courtland and Benton Streets.Transportation Planning staff isin support of the variance (noted below) provided that the owner advisesfuture tenants of the unit without parkingthatthere is no parking space available. Planning staff isof the opinionthat the general intent of the by-law is met. Minor As noted above, the lot size, setbacks and reduction in one parking space meet thegeneralintent of the by- law; as well as the Official Plan which encourages a slight density increase to a maximum of three units. Staff isof the opinion that the variances are minoras no adverse impacts resulting from the variances are anticipated. Appropriate Development The proposed variances acknowledge an existing use that is appropriate for the size of the lot and surrounding neighbourhood/streetscape. Based on the foregoing, Planning staff recommends that this application beapproved,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 providedbuilding 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 Services Comments: Transportation Services can support the proposed two parking spaces rather than the required three for a triplex, provide that when the unit without a parking spaces is available for rent, it is advertised as not having a legal on-site parking space. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: Recognizing that there is no new development / construction, there are no environmental planning concerns. Heritage Planning: There are no cultural heritage planning concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 44 Martin Street is located within the Cedar Hill Neighbourhood Cultural Heritage Landscape (CHL). 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 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 2020-075requesting permission to legalize an existing 3-unit multiple dwelling (triplex) on a lot having an area of 354.59 square metres rather than the required 495 square metres; a front yard setback of 2.44 metres rather than the required 4.5 metres; a westerlyside yard setback of 0.57 metres rather than the required 1.2 metres; and, to have 2 off-street parking spaces rather than the required 3 off-street parking spaces, be approved, subject to the following conditions: 1)That a building permit be obtained from the Building Division; 2)That the owner confirmstheir acknowledgement that when the unit without a parking spaces is available for rent, it is advertised as not having a legal on-site parking space; and, 3)That conditions 1 through 2noted 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 September 30, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 7) St. John Bapt. Romanian, 1996-053 Kitchener, ON N2G 4G7 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 56 Roos Street No Concerns. 2) A 2020-075 44 Martin Street No Concerns. 3) A 2020-076 632 Beckview Crescent No Concerns. 4) A 2020-077 177 Wilderness Drive No Concerns. 5) A 2020-078 28 Valencia Avenue No Concerns. 6) A 2020-079 368 Wellington Street North No Concerns. 7) A 2020-080 335 Lancaster Street West No Concerns. 8) A 2020-081 825 King Street West No Concerns. 9) A 2020-082 293 Blucher Boulevard No Concerns. 10) A 2020-083 44 Breithaupt Street No Concerns. 11) A 2020-084 517 Old Cottage Close No Concerns. 12) A 2020-085 & A2020-086 124 Mill Street 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЊЌЋВЎ tğŭĻ Њ ƚŅ Ћ 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 October 8, 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:October 20, 2020 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance 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 2020-026225 Fairway Road South B 2020-0334 Westgate Walk B 2020-039518 Bridgeport Road East B 2020-040518Bridgeport Road East B2020-041122-124MillStreet 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@grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority *Thesecomments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority.