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Home My WebLink AboutDSD-2021-13 - A 2021-017 - 90 Duchess AveI Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 13, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: February 28, 2021 REPORT NO.: DSD -2021-13 SUBJECT: Minor Variance Application A2021-017 90 Duchess Avenue Owner — K. Wills & A. Lootsma RECOMMENDATION: 1. That application A2021-017 for 90 Duchess Avenue seeking relief from: • Section 37.2.1 for the Minimum Corner Lot Width to be recognized as the existing lot width of 13.72m whereas by-law 85-1 requires a minimum corner lot width of 15.Om • Section 37.2.1 for the Minimum Side Yard Abutting a Street to legalize the existing setback to the house of 2.93m as opposed to 4.5m • Section 37.2.1 for the Minimum Side Yard Abutting a Street to the garage of 2.61m whereas the by-law requires 6.Om • Section 6.1.2 e) for the length of a parking space within a garage of 5.39m rather the required 5.49m, be approved, without conditions. REPORT HIGHLIGHTS: The subject property is addressed at 90 Duchess Avenue in the City of Kitchener. The lot is legally described as Registered Plan 349 Part Lot 17, Lot 16. The lot measures 13.7 metres wide and 120 metres deep for an area of 511 square metres. The property is a corner lot that has frontage onto Duchess Avenue and flanks onto Dunbar Road. A single detached dwelling is built on the subject lands. Surrounding land uses are comprised of low rise residential uses in a mature stable neighbourhood. The owner would like to build a two-storey rear addition onto the existing two-storey home to accommodate a growing family. To obtain a building permit the owner requires variances to recognize existing legal non -complying yard regulations and to allow for a parking space within the garage that is slightly smaller than the regulation requires. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Aerial Photo of Subject and Surrounding Lands — OnPoint Mapping BACKGROUND: The property is designated Low Rise Residential in the City's Official Plan. The property is zoned Residential Three (R-5) in Zoning By-law 85-1. The use of a single detached dwelling is a permitted use subject to meeting the regulations. Duchess Ave. Street View Photo Dunbar Rd. Street View Photo REPORT: 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 offers the following comments: General Intent of the Official Plan The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a lower -density neighbourhood. The requested variances support an addition to a detached residential dwelling that will support and maintain the low-density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The variance requested for the reduction of the lot width is consistent with the Zoning By-law as it is to recognize an existing condition that will not change because of the addition being proposed. The proposed variance for the minimum side yard setback abutting a street is to legalize the existing side yard abutting Dunbar Road to the existing house (currently legal non -complying) and to maintain a consistent building line that exists today. The intent of a minimum 6 metres setback for a garage is to ensure a garage does not dominate the streetscape. The existing garage already extends beyond the side fagade of the house and is setback only 1.7 metres from the property line. With the building addition, the plan is for the garage to be setback 2.6 metres from the property line resulting in a longer driveway. The fact that the design pushes the garage further back from Dunbar Road improves an existing situation and one that staff feels strikes an appropriate balance. Transportation staff is supportive of this variance, as the length of the driveway has increased so that an average sized vehicle could park in the driveway and not overhang onto the sidewalk. The intent of a minimum parking space within a garage is to ensure an average sized vehicle can fit within a garage. The applicant is proposing a length of 5.39 metres or 10cm less than what is required. There will be ample room to maneuver a vehicle into the garage and no stairs will project in the garage that could further restrict the space. As a result, staff is of the opinion the general intent of the Zoning By-law is being met. Is the Variance Minor? In the opinion of staff, the variances are minor. Two of the four variances are technical in nature to recognize existing width of lot and setback of the house. The new location of the garage will be an improvement over the existing condition as the new location is pushed further away from the property line. This has increased the overall length of the driveway. The size of the internal legal parking space within the garage is 10cm less than what is required but is within acceptable limits to park a vehicle. Is the Variance Appropriate? In the opinion of staff these variances are appropriate and maintain the orderly development of the subject lands. They are necessary to facilitate a building addition to an existing residential dwelling on a lot that is legal non -complying within a stable residential neighbourhood. City Planning staff conducted a site inspection of the property on February 27, 2021. Building Comments: The Building Division has no objections to the proposed variance. The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached house is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage 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 90 Duchess Avenue is located within the Westmount East & West 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. Engineering Comments: Engineering has no concerns Operations Comments: No comments Environmental Planning Comments: No comments STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the 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 signed 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. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Section 45 of the Planning Act. ATTACHMENTS: None 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 Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 19 February, 2021 11:33 AM To: Holly Dyson Subject: [EXTERNAL] Committee of Adjustment - General Info Follow Up Flag: Follow up Flag Status: Flagged Hi Holly, I have reviewed the documents posted on the website however, there are concerns/warnings for the following application: - A2021-017 — 90 Duchess Ave: to ensure the new bedroom above the garage shall no be in conflict with the overhead service wire feeding the house Regards, Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafaPkwhydro.ca arts. - SUtS ... ".�P.. ~. Ha4Pu`y Y/prYpfoce 40 A.ord5 • AAe.1 FK %'Onr Ii'w.451i i�a2d n syr• cHkm9ER OFCOMM RCE.�; f CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system. 1 Hello Dianna, Perhaps for the public record, we should better define our concerns. We're really only worried about maintaining required construction clearances along the property line between 90 Duchess Ave and , 86 Duchess Ave. We have no direct interest in the the city's issues, which we understand to be the proximity of the proposed structure to Dunbar Rd, and the length of the garage. We just wanted to be sure that the proposed new structure is not shifted away from Dunbar and towards 86 Duchess Ave, or extended towards us to create room to meet the standard requirements for garage length or to meet the clearance requirements for the Dunbar Rd. abutment. Thanks, Greetings, I would like to provide a written submission concerning permission to construct a two story addition in the rear yard of 90 Duchess Avenue. 86 Duchess Avenue, immediately adjacent to 90 Duchess Avenue, the back yard allowed for an extensive flower garden, which has been a source of much pleasure - The proposed addition to the rear of 90 Duchess Ave would throw much of our garden into full afternoon shade, and would have a considerable negative impact on decades of effort to create a garden space in which to enjoy our retirement. Therefore we would ask that the proposed addition, at the very least, should extend no deeper into the lot, no higher above us, and no closer to our property line than permitted by currently existing requirements. Thank you for considering our interests,