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HomeMy WebLinkAboutDSD-20-209 - A 2020-107 - 236 Margaret AveREPORT TO:Committee of Adjustment th DATE OF MEETING:December 8, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Lisa Thompson, Planning Technician–519-741-2200 ext. 7847 WARD:10 th DATE OF REPORT:November 27, 2020 REPORT #:DSD-20-209 SUBJECT:A2020-107–236 Margaret Avenue Applicant –Pierre Chauvin Recommendation: Approvalwith conditions Location Map: 236 Margaret Avenue REPORT Planning Comments: Thesubject property located at 236 Margaret Avenue is zoned Convenience Commercial (C-1)in Zoning By-law 85-1 and Local Commercial(COM-1)in Zoning by-law 2019-051(under appeal). Any development on the property is subject to the most restrictive regulations of each zoning by-law.The propertyis designated Low Rise Residential in the City’s Official Plan. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is proposing to convert the existing two-storey mixeduse building(two vacant commercial units and 8 dwelling units)to a 14-unit multiple dwelling. This will entailremoval ofthe twoexisting ground floor commercial units and creatingadditional dwelling unitswhich does not meetall ofthe zoning requirementsof the Zoning By-laws. The Low-Rise Residential designation ofthe property supports the use of a multiple dwelling, however both zoning by-laws only permit dwelling units to be in a building with other permitted commercial uses and except for access, are not permitted on the ground floor. The applicant is requesting relief from: 1.Section 6.1.2a) to reduce the parking ratio to 0.6 spaces per unit, rather than the required 1.25 spaces per unit; 2.Section 6.1.2b)vi)A) to reduce the visitor parking to 11%, rather than the required 15%; 3.Section 7.2 to allow dwelling units on the ground floor; and, 4.Section5.6.1b) to allow steps to be located 0.18 metres from the side lot line rather than the required 0.75 metres. Proposed Site Plan:236 Margaret Avenue It should be noted that there are existing dwelling units on the ground floor of the building which are considered legal non-conforming. City Planning staff conducted a site inspection of the property on November 26, 2020. Google Street View Image 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 The subject property is designated Low Rise Residentialin the City’s Official Planwhich supports multiple dwellings with a building height less than 3-storeys. The proposed redevelopment meets the general intent of the Low Rise Residential designationin terms of built form. TheLow Rise Residential designationpermits complementary non-residential uses within buildings, however the policies to not require or prohibit dwelling units on the ground floor.Presently there are existing legal non-conforming dwelling units on the ground floor of the buildinglocated behind the commercial units. Renovatingthe building to remove the vacant commercial spacesto create more dwelling units will continue to maintain the Low Rise Residential designation, therefore the requested relief meetsthegeneralintent of the Official Plan. The requested variancesforreduced unit and visitor parking aresupported by Transportation Demand Management (TDM) measureswhich help to reduce the demand for parking. A parking justification report has been submittedwhich shows that the proposed TDM measuressupport the parking reductions. Based on the foregoing, the proposed redevelopment of the building meets the general intent of the Official Plan. General Intent of Zoning By-law The requested variance to provide 0.6 parking spaces per unit meets the general intent of the zoning by- law as sufficient parking will be providedforthe residentsas evidenced by the findings of the parking justification report submitted in support of this development.The owner will be implementing Transportation Demand Management (TDM) measuresto reduce the demand for parking on site. Additionally, the property is situated on a public transit routeproviding another mode of transportation for tenants in the building.Visitor parking will also be provided on site at a slightly reduced rate(11% vs. 15%)andbarrier free parkingwillalso be provided. TheC-1 and COM-1Zonespermit dwelling units as of right, with the stipulation thatthey are located within the same building as a commercial use. The two small commercial units in the existing building have been vacant for many yearswhich indicatesthat commercial uses on this small property are not and have not been viable. The site is also located a short walking distance to neighbourhood shopping. The proposed units on the ground fronting Margaret Avenue will be designed with front doors and glazing along the façade that in the future could be reverted back to commercialunits. Inregard to thereducedsetback of the exit stairs(0.18 metres),the zoning by-law does allow encroachment of stairs into the side yard,provided there is a minimum setbackof 0.75 metres to thelot line. The intent of the setback is to ensure there is sufficient separation between the stairs and the lot line to provide adequateingress/egress without encroaching onto the abutting property. The exit stairs are only required for emergency purposes and abut a parking lot. Staff is of the opinion thatthe proposed setback of 0.18 metreswill besufficient in the event of an emergency exit situation. Given the foregoing, staff is of the opinion that therequested variances meet the general intent of both Zoning By-laws. Application is Minor Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The addition of dwelling units in the building will provide much neededhousing in the community and is at a scale and density suitable for the property. Application isAppropriate The variances areappropriate for the development and use of the land. The requested variances willnot impact any of the adjacent properties or the surrounding neighbourhoodand will provide an overall property and neighbourhood enhancementby improving both the exterior of the building and the site including landscaping, a proper front yard, defined parking spaces and an appropriately sized driveway access. Based on the foregoing, Planning staff recommends that this application beapprovedsubject to the conditions outlined below in the Recommendation section of this report. Engineering Comments: Engineering has no comments or concerns. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the additional residential units is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: The Parking Justification Report submitted by MHBC Planning (October 2020) has demonstrated that the proposed parking rate couldbe attainable, through the following; unbundling of parking, indoor bicycle storage, existing GRT routes (#4 and #204 iXpess)in the area, coupled with parking utilization studies completed at proxy sites. It should be noted that, there are existing bicycle lanes along Margaret Avenue which connect to the downtowncycling network. Based on the information provided with this application, Transportation Services can support the proposed parking reduction. RECOMMENDATION That minor variance application A2020-107requesting relief fromSection 6.1.2a) to reduce the parking ratio to 0.6 spaces per unit, rather than the required 1.25 spaces per unit; Section 6.1.2b)vi)A) to reduce the visitor parking to 11%, rather than the required 15%; Section 7.2 to allow dwelling units on the ground floor; and, Section 5.6.1b) to allow steps to be located 0.18 metres from the side lot line rather than the required 0.75 metres, be approved subject to the following conditions: 1.That the Owner shall receive approval of a Site Plan Applicationto the satisfaction of the City’s Manager of Site Development and Customer Serviceby June 1, 2021. 2.The Owner shall implement all required Transportation Demand Managementmeasures through the site plan approval process to the satisfaction of the City’s Director of Transportation Services. Lisa Thompson _____ Lisa Thompson, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician Senior Planner November 17, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (4) / 55, Nikiforos Tsimpragos Kitchener, ON N2G 4G7 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЏЍЋЉЍ tğŭĻ Њ ƚŅ Ќ 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:December 8,2020 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2020-103840Stirling Avenue South A2020-104114Peach Blossom Crescent A2020-10539Water Street North A2020-1061031Victoria Street North A2020-107236Margaret Avenue Applications for Consent B 2020-045145-155 AnnStreet B 2020-04650Fifth Avenue B 2020-04750Brookside Crescent B 2020-04853Candle 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 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.