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HomeMy WebLinkAboutDSD-20-207 - A 2020-105 - 39 Water St NStaff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 10 DATE OF REPORT: December 2, 2020 REPORT #: DSD -20-207 SUBJECT: A2020-105 — 39 Water Street North Owner — Jihyun Rew & Patrick Dufresne Approve Subject to Conditions Figure 1. Subject property as seen from Water Street. REPORT Planning Comments: The subject property is located on Water Street North between Duke Street West and Weber Street in the Downtown. The building on the property appears to have been originally constructed as a single detached dwelling in approximately 1920. Planning staff understands that at some point in the past, the building was converted from a single detached dwelling into a group home. In 2010, the use reverted to a single detached dwelling. Since approximately January 2019, the building has been used a lodging house, albeit on a non -conforming basis, since it is located less than the required 400 metres from another lodging house (the closest lodging house at 115 Water St N is approximately 260 metres away). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The property is designated City Centre District on the Urban Growth Centre (Downtown) Map of the Official Plan and is zoned Commercial Residential Zone (D-5) in By-law 85-1. The owners are now seeking to legalize the lodging house use through the following variances: A. Requesting relief from Section 5.17A of By-law 85-1, to allow a lodging house on a lot that is situated a minimum of 250 metres from other lots on which lodging houses are located, whereas 400 metres is required; B. Requesting relief from Section 16A.2 of By-law 85-1, to allow a minimum yard abutting a street other than Charles Street or Duke Street (i.e., Water Street) of 2.1 metres, whereas 3.0 metres is required; C. Requesting relief from Section 16A.2 of By-law 85-1, to allow a minimum side yard of 0.76 metres, whereas 1.2 metres is required; and D. Requesting relief from Section 6.1.2c) to allow a lodging house having 68.75 square metres of lodging unit floor area to have 2 parking spaces, whereas 3 spaces are required (i.e., 1 space for each 25.0 metres of lodging unit floor area). General Intent and Purpose of Official Plan Test The property is designated City Centre District on the Urban Growth Centre (Downtown) Map of the Official Plan. The Official Plan states, "The City Centre District is the heart of the Downtown and Urban Growth Centre (Downtown) and focuses around the original commercial area of King Street. On the edge of this District are small areas with buildings that were originally constructed as single detached dwellings but over the years have been converted to mixed use, commercial or multiple residential uses." In addition, Section 4: Housing, contains the following applicable policies: 4.C.1.34. The City's Zoning By-law will specifically regulate lodging houses and the appropriate zones in which they may be permitted subject to licensing, and safety regulations and the ability to integrate such housing forms in an acceptable and appropriate manner. 4.C.1.35. The City will encourage lodging houses to locate within walking distance of public transit and in close proximity to supportive non-residential uses and parks and recreational facilities. 4.C.1.36. The City may incorporate minimum distance separation regulations between lodging houses in the City's Zoning By-law to prevent the undue concentration of lodging houses in specific areas of the city and to encourage this type of use throughout the city. The Official Plan also contains several policies that speak to the provision if affordable housing (e.g., lodging units), including, for example: 3.2.2. To provide a range and mix of housing, including affordable housing, employment, service, amenity and transportation options distributed and connected in a coherent and efficient manner. 4.C.1.13. The City will work with the development industry and other community members to identify and encourage innovative housing types and designs in the city where such innovation would: g) provide accessible and affordable housing to residents; 4.C.1.19. The City will encourage and support affordable housing to locate in close proximity to public transit, commercial uses and other compatible non-residential land uses, parks and community facilities and have convenient access to community, social and health services. The subject property is an example of a building that was originally constructed as a single detached dwelling but has since been converted to another use. Conditions are recommended to ensure that the lodging house is licenced. The property is within walking distance of public transit, including the future multi -modal hub and other ION stations, and is in close proximity to supportive non-residential uses, Hibner Park, and the Downtown Community Centre. Planning staff is of the opinion that all four variances meet the general intent and purpose of Official Plan. General Intent and Purpose of Zoning By-law Test The general intent of the 400 metre minimum distance separation between lodging houses is "to prevent the undue concentration of lodging houses in specific areas of the city and to encourage this type of use throughout the city" (see Policy 4.C.1.36. of the Official Plan). Planning staff is of the opinion that allowing lodging houses less than 400 metres from each other does not cause undue concentration of lodging houses, within a downtown context or otherwise. With respect to the variances for setback relief, Planning staff advises that the building has maintained the existing setbacks for approximately 100 years, without known concern. Regarding the parking reduction request, Planning staff is of the opinion that since the property is within the heart of downtown and close to the future multi -modal hub, numerous current bus routes and ION stations, and has access to excellent cycling infrastructure, as well as public parking facilities, that the variance meets the intent of the By-law to provide sufficient on-site parking. Accordingly, Planning staff is of the opinion that the variances will meet the general intent and purpose of the Zoning By-law. "Minor" Test All four variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The recommended conditions will ensure that the lodging house use is legalized in a manner that ensures safety of residents. Adequate parking will be provided to support the use. Planning staff is of the opinion that the variances are minor. Desirability for Appropriate Use of the Land Test The four requested variances are appropriate for the desirable use of the land as they will permit a use that is compatible and appropriate and also will likely provide much needed affordable housing, which is an important goal of the City. For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a lodging house is obtained prior to construction. Please contact the Building Division @ build ing@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support the proposed two parking spaces rather than the required three, provided that when the unit without a parking space is available for rent, it is advertised and rented as not having a legal on-site parking space. Consideration be given to providing indoor bicycle storage. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: No cultural heritage planning issues or concerns Environmental Planning Comments: No Environmental Planning concerns. RECOMMENDATION That Minor Variance Application A2020-105 requesting relief from By-law 85-1: A. Requesting relief from Section 5.17A of By-law 85-1, to allow a lodging house on a lot that is situated a minimum of 250 metres from other lots on which lodging houses are located, whereas 400 metres is required; B. Requesting relief from Section 16A.2 of By-law 85-1, to allow a minimum yard abutting a street other than Charles Street or Duke Street (i.e., Water Street) of 2.1 metres, whereas 3.0 metres is required; C. Requesting relief from Section 16A.2 of By-law 85-1, to allow a minimum side yard of 0.76 metres, whereas 1.2 metres is required; and D. Requesting relief from Section 6.1.2c) to allow a lodging house having 68.75 square metres of lodging unit floor area to have 2 parking spaces, whereas 3 spaces are required; be approved, subiect to the following conditions: 1. That the owner shall apply for and obtain a Zoning (Occupancy) Certificate for the proposed lodging house, from the City's Planning Division; 2. That the owner shall apply for and obtain a building permit for the change of use to a lodging house, from the City's Building Division; 3. That the owner shall request obtain an inspection of the lodging house by the City's Fire Services and remedy any and all deficiencies, to the satisfaction of the City's Fire Services; 4. That the owner shall owner apply for and obtain a Lodging House Business Licence, from the City's Licencing Services section. 5. That the owner shall confirm their acknowledgement that, when a lodging unit without a parking space is available for rent, it is advertised as not having a legal on-site parking space; and furthermore, that all lease agreements for that unit stipulate that there is no on-site parking. 6. That Conditions 1 through 5, above, shall be completed by September 8, 2021. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. AKIW�� 11 Andrew Pinnell, MCIP, RPP Senior Planner Attach: Plan Submitted with Application Form Juliane von Westerholt, MCIP, RPP Senior Planner # a V1 1 O � pry o = IN3r.483581 2 VO FRAME BLA6, ABOVA, CARPORr a 04 C4 j` ROW OF CAM, -r s4vAPoRr P/L j JRS roves- 9•4'r T tl ■ 19. r N 63°15'40"w b` ►` 'C (OIE/rJ _ _ _ Ids' DEED) 63.28 166 z sraREr a ui a aRltx HOUSE .� c Ha. 39 a yPO D Q ku 2 �. U N m a ❑ 0 4*' N 64 n 09 '2o "w 86.09 Moor, cON. CUR9 {f6' x O[ED) t Lu � ❑ 64 n cm i 1 NS r, J 3 2493 5 k A 1?i .3' P; 4h'5c7,? 42.; � WiOtNED 6Y BY -LAY Ts-- I?r, I,Ysr, s49d • : A o r� Region of Waterloo November 17, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (4) / 55, Nikiforos Tsimpragos Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting December 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-103 — 840 Stirling Avenue South — No Concerns. 2) A 2020-104 — 114 Peach Blossom Crescent — No Concerns. 3) A 2020-105 — 39 Water Street North —No Concerns. 4) A 2020-106 — 1031 Victoria Street North: Existing Parking & Sign Encroachments: Regional staff have concerns with the few existing parking stalls currently encroaching (Plan attached) into Victoria Street North (RR #55) right-of-way. Regional staff would not support or allow any encroachments into the Regional right-of-way. Therefore, the existing encroaching parking spots must be removed permanently. One of the 2 encroaching parking spots at east property side has been already removed due to recent reconstruction of Victoria Street, but 1 parking spot is still within the Regional right-of- way. Similarly, 1 parking spot on the west side is partly encroaching within the Regional right-of-way. This may also affect the parking spots required for the existing and the Document Number: 3464204 Page 1 of 3 proposed business on the above lands. A parking plan showing all the required parking spots on the private lands be provided for further review by the staff; and be approved by the City to ensure there is no parking encroachment within the Regional road right-of- way. Also, there is a ground sign encroaching within the Regional right-of-way, which should also be removed onto private property. 5) A 2020-107 — 236 Margaret Avenue — 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, "�.-:___J�L- g) Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca November 26, 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: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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 aherremana_grand river. 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 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Holly Dyson From: Tony To <Tony.To@metrolinx.com> Sent: 30 November, 2020 10:42 AM To: Holly Dyson Subject: [EXTERNAL] RE: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting Attachments: Metrolinx Environmental Easement, September 2020.docx Thanks Holly. My comments on the MV applications relevant to Metrolinx are below. A 2020-105 — 39 Water Street North I understand the subject application is requesting relief from the Zoning By-law in order to convert an existing single family dwelling to a "Lodging House." I note the subject lands are located in proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. My comments on the subject application are noted below: 1. It is recommended the proponent obtain a noise and vibration assessment, conducted by a qualified professional, to identify any potential noise and/or vibration impacts as a result of the neighbouring rail operations, and recommended mitigation. Should the proponent wish to undertake the assessment, they may obtain the most up to date rail forecast by submitting a request to raildatarequests@metrolinx.com. 2. The Owner agrees to grant Metrolinx an environmental easement for operational emissions, registered on title against the subject property. I have attached a copy of the environmental easement language for the applicant's information. The applicant may contact me directly with any questions, and to begin the registration process. A 2020-106 — 1031 Victoria Street North I understand the subject application is requesting relief from the Zoning By-law in order to permit retail commercial use on the subject land, which is currently being operating as "Gym and wholesale" uses. I note the subject lands are located in close proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. I have no concerns or comments related to the requested relief and change in use. TONY TO Project Manager Third Party Projects Review, Capital Projects Group Metrolinx 120 Bay Street I Suite 600 1 Toronto I Ontario I M5J 2W3 T: 416.202.0809 C: 416.902.0157 aft METROLINX From: Holly Dyson <Holly.Dyson @kitchener.ca> Sent: November -30-20 9:12 AM To: Tony To <Tony.To@metrolinx.com>; Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: RE: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting Hi Tony, You can email your comments directly to me. Thanks. Form of Easement WHEREAS the Transferor is the owner of those lands legally described as [insert legal description] (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and any other emission and sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross.