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Home My WebLink AboutDSD-20-195 - A 2020-101 - 8 Devon StREPORT TO:Committee of Adjustment DATE OF MEETING:November 17, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Tim Seyler,Planner–519-741-2200 ext. 7860 WARD:9 DATE OF REPORT:November 6, 2019 REPORT #:DSD-20-195 SUBJECT:A2020-101–8 Devon Street Applicants –Dan Jackson & Ashley McKnight Recommendation: Approve with Conditions Location Map: 8 Devon Street REPORT Planning Comments: The subject property located at 8 Devon Street iszoned Residential Five(R-5)anddesignated Low Rise Conservationin the Victoria Park Neighbourhood Secondary Plan ofthe CityOfficial Plan.The applicant *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. is proposing toconvert an existingdetacheddwelling to a duplexdwelling andcannotmeet the requirements of Section 39.2.1of the Zoning By-law. The applicant is requesting relief to permit a maximum building height of 11.0 metres rather than the permitted 10.5 metres. Further relief is being sought from Section 6.1.1.1 b)i) to permita legal parking space 2.0metres from the property line whereas 2.9metres is required. It should be notedthat the proposal to convert the dwelling to a duplex is being undertaken in 2 phases andthat the Committee of Adjustment recently approved minor variance report A2019-118 to permit multiple variances forthis property.The first phase of the construction hasbegun, butdue to some reconfiguration of the building permit plans the setback for the parking space is at2.0 metres from the property linerather than the previously approved 2.9 metre setback.The applicant is requesting that the each variance begiven it’s own set of conditions, as the parking variance is required to move forward with phase 1, and the height variance will be required at a later date when the applicant applies for a building permit on phase 2. City Planning staff conducted a site inspection of the property on October 22, 2020. 8 Devon Street 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 offersthe following comments. General Intent of Official Plan 1.The subject property isdesignated Low RiseConservationin the Victoria ParkNeighbourhood Secondary Plan. The intent of this designation is toencourage a range of different forms of housing to achieve a lowdensity neighbourhood.The requested variance to increase the height of the building isappropriate and continues to maintain the low densitycharacter of the property and surrounding neighbourhood.Staff isin support of the application,as it is compatible with the established neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2.The requested minor variances for abuilding height of 11.0 meters rather than the maximum permitted of 10.5meters,meetsthe general intent of the Zoning By-law.The variance to permit an increase in height ispermitted as it is the direction of the City’s new Zoning By-law 2019-051 that will permit a height of 11.0 meters in residentially zoned properties. However, it is noted that the 2019- 051 By-law is currently under appeal and cannot be used for this report. The increase in height is a slight increase from what is currently permitted, and due to the grade of the property the front will have the 11.0m in height but the rear of the property will have an approximate 8.5 metres in height from the rear yard grade.The front of the dwelling also faces onto open park space which would minimize the height impact. Furthermore, the majority of the surrounding dwellings are also affected by the grade and the 0.5m increase in height would be negligible.The general intent of the By-law is to ensure properties do not tower over other smaller properties and keep a low rise building form throughout the neighbourhood. It is the opinion of staff that the required height variance meets the general intent of the Zoning By-law. This property is also withina heritage district, and the phase 1 drawings were approved by Heritage Kitchener. Due to the increase in height and exterior modifications not being presented to the heritage committee for the phase 2 work, the owner is required to apply once again for approval by the heritage committee. As previously noted, due to the updated building permit drawings the requested minor variance to permit a legal parking space 2.0metres from the property line,whereas 2.9metres is required,is warranted. The applicant is planning to continue phase 1 of the extensive renovations to the property by relocating the garage to the opposite side of the dwelling and close off the existing garage. The new garage will be a double wide garage as seen in the concept sketch below. It is the opinion of staff that the required variances meets the general intent of the Zoning By-law. Site plan –8 Devon Street Concept sketch of renovations proposed for 8 Devon Street(Frontand Rearview) Application is Minor 3. Staff isof the opinion that the requested variances areminor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed increase in height is only a 0.5 metre increase than what is currently permitted, and parking will be negligible due to the fact they recognize an existing situation. Application in Appropriate 4.The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Therefore the varianceisappropriate for the development and use of the land. Based on the foregoing, Planning staff recommends that this application beapprovedsubject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for renovations to the single detached dwellingand is currently under review Transportation Services Comments: Given the existing nature of the building and the irregular lot shape, Transportation Services does not have any concerns with the proposed application. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: The subject property is designated under Part V of the Ontario Heritage Act and located within the Victoria Park Area Heritage Conservation District. As part of phase 1 of theproject toconvertthe existing single detached dwelling to a duplex dwelling aHeritage Permit Application to alter the exterior of the existing dwelling was considered and recommended for approval at the November 5, 2019 Heritage Kitchener committee meeting. As part of phase 2of the project,the elevations have been updated to reflect a proposal for additional building height and architectural details, including a second storey balcony, to accommodate thesecond dwelling unit. Given that the Heritage Kitchener committee has not yet reviewed the elevations as part of phase 2, a Heritage Permit Application is required. Heritage Planning staff request that the requirement of an approved Heritage Permit Application be a condition of the height variance. RECOMMENDATION That minor variance application A2020-101 requesting permission to permit a legal parking space 2.0 metres from the property line whereas 2.9 metres is required, be approved. Permission to permit a dwelling to have a height of 11.0 meters rather than the maximum permitted height of 10.5 meters, be approved subject tothe following conditions: 1.A Heritage permit application be applied for and approved by the Heritage Kitchener Committee. st 2.That all conditions shall be completed prior to December 31, 2021.Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner October 28, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 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) A 2020-087 380 Grand River Boulevard No Concerns. 2) A 2020-088 339 Rosemount Drive No Concerns. 3) A 2020-089 34 Dunham Avenue No Concerns. 4) A 2020-090 305 Driftwood Drive No Concerns. 5) A 2020-091 12 Rose Street No Concerns. 6) A 2020-092 180 Grand Flats Trail No Concerns. 7) A 2020-093 41 Valleybrook Drive No Concerns. 8) A 2020-094 53 Valleybrook Drive No Concerns. 9) A 2020-095 236 Woodhaven Road No Concerns. 10) A 2020-096 919 Eaglecrest Court No Concerns. 11) A 2020-097 923 Eaglecrest Court No Concerns. 12) A 2020-098 928 Eaglecrest Court No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЍЌЋВЏ tğŭĻ Њ ƚŅ Ћ 13)A 2020-09980Westwood DriveNo Concernsto the application.However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 9 -11 Samuel Street No Concerns. 15) A 2020-101 8 Devon Street No Concerns. 16) A 2020-102 89 Water Street South 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 November 4, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:November 17, 2020 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2020-080335Lancaster Street WestA2020-09453Valleybrook Drive A2020-087380Grand River BoulevardA2020-095236Woodhaven Road A2020-088339Rosemount DriveA2020-096919Eaglecrest Court A2020-08934Dunham AvenueA2020-097923Eaglecrest Court A2020-090305Driftwood DriveA2020-098928Eaglecrest Court A2020-09112Rose StreetA2020-09980WestwoodDrive A2020-092180Grand Flats TrailA2020-1009-11Samuel Street A2020-09341Valleybrook DriveA2020-1018Devon Street A2020-10289Water Street South Applications for Consent B 2020-042101-103Schweitzer Street B 2020-043440Lancaster Street B 2020-044956Glasgow Street 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 *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.