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Home My WebLink AboutDSD-2021-15 - A 2021-014 - 247 Lydia StI Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-15 SUBJECT: A2021-014 — 247 Lydia Street Owners: Ryan McKee & Kendra Hollidge Approve Subject to a Condition RECOMMENDATION: 1) That Minor Variance Application A2021-014, for 247 Lydia Street, requesting relief from the following sections of By-law 85-1, to facilitate the development of an addition to the rear of the existing dwelling and to legalize the existing dwelling: a) Section 38.2.1 to allow a southerly side yard setback of 2.62 metres, rather than the required 3.0 metres (driveway side yard). b) Section 38.2.1 to allow a northerly side yard setback of 0.76 metres, rather than the required 1.2 metres, be approved, subject to the following condition: 1. That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelopelwork zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1. Aerial Photo of Subject Property, in Context REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of minor variances to facilitate the development of an addition to the rear of the existing dwelling and to legalize the existing dwelling. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to legalize the setbacks for an existing single detached dwelling and to facilitate the construction of an addition to the rear of the existing dwelling. Figure 2. View of subject property from Lydia Street REPORT: The subject property is located on the west side of Lydia Street, between Stirling Avenue North and Pandora Avenue North, in the Auditorium Planning Community. The property contains a single detached dwelling, constructed in approximately 1933. The immediate neighbourhood contains mainly low-density residential uses, though Sheppard Public School, Knollwood Park, and the Auditorium are located nearby. The property is designated Low Rise Residential in the Official Plan and zoned R-4 in By- law 85-1 (the property is currently not subject to CRoZBy). City Planning staff conducted a site inspection of the property on February 26, 2021. The applicant is proposing a number of changes to the property, including the removal of an attached garage, the construction of a new detached garage in the rear yard, the construction of an addition to the rear of the existing single detached garage, and the construction of a new deck attached to the rear yard addition. To facilitate the rear yard addition and to legalize certain aspects of the single detached dwelling which are to remain, relief from By-law 85-1 is requested, including relief from: a) Section 38.2.1 to allow a southerly side yard setback of 2.62 metres, rather than the required minimum of 3.0 metres (driveway side yard). It should be noted that this would legalize the existing setback and that the proposed rear yard addition would maintain a slightly greater setback of 2.67 metres. b) Section 38.2.1 to allow a northerly side yard setback of 0.76 metres, rather than the required minimum of 1.2 metres (non -driveway side yard). It should be noted that this variance would legalize the existing setback of the dwelling. The proposed rear yard addition would fully comply with the required 1.2 metre side yard setback regulation. General Intent and Purpose of Official Plan Test A number of Official Plan policies are applicable to the requested variances, for example: Section 4. C.1.8. Where ... minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. b) N/A c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. f) The impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and does not create further zoning deficiencies. Section 4. C.1.10. "Where appropriate, and without limiting opportunities for intensification, the City will encourage and support the ongoing maintenance and stability of existing housing stock in the city by: a) supporting the reuse and adaption of the housing stock through renovation, conversion and rehabilitation;..." Section 4. C. 1.20. "The City will support and attempt to accommodate residents who may wish to adapt their housing to better suit their circumstances and needs that may change over time, provided these changes to the housing do not significantly impact the nature or community character of the surrounding residential area." Section 15.D.3.8. "The Low Rise Residential land use designation will accommodate a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing." With respect to the Official Plan, Planning staff is of the opinion that the variances would facilitate an addition that is appropriate in massing and scale, appropriately located in the rear yard, and that does not consume land that is more appropriately used for landscaped/amenity area or parking. In addition, the variances would encourage and support the ongoing maintenance and stability of existing housing stock through renovation and adaption. Accordingly, Planning staff is of the opinion that the variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the setback regulations is to ensure adequate privacy, buffering between dwellings, and to allow functional parking area between a dwelling and the side lot line. In this case, the requested south (driveway side) side yard setback reduction simply legalizes an existing situation and allows the proposed addition to be consistent with the already established setback. Transportation Services has indicated that it does not have any concerns with the side yard reduction / legalization on the driveway side of the dwelling. The setback on the north side has been in existence for almost 90 years, without concerns. Planning staff is of the opinion that the variances will meet the general intent and purpose of the Zoning By-law. °°Minnr" Tact The variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The setbacks have been in existence for many years without concerns. The extension of a reduced south side yard will not exacerbate the situation. The variances will facilitate an addition that meets the objectives of the Official Plan. Planning staff is of the opinion that the variances are minor. Desirability for Appropriate Development of the Land Test The variances would facilitate the construction of a rear yard addition that is consistent with the goals and objectives of the City, as outlined in the above sections. Planning staff is of the opinion that the variances are desirable for the appropriate development of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified, subject to the condition outlined in the Recommendation section of this report. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Services Comments: Engineering has no comments. Environmental Planning Comments: The following condition should be implemented: That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. Heritage Planning Comments: 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 Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 247 Lydia Street is located within the Pandora Neighbourhood CHL. 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. PREVIOUS REPORTS/AUTHORITIES: • Section 45, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A — Proposed Plan Submitted with Application Form 2 �M MCKEEMOLLIDAGE ADDITION In, :4> <*> —4> 4> egg ifflil fit <?> lit ±I4 I i it RIMINI L3RH 1111 M ,"I 0 IMP 11 '1 1 li Ell . ja 2 �M MCKEEMOLLIDAGE ADDITION In, February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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 C (226) 753-0368 Document Number: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 2021 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 Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale 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(a�_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