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HomeMy WebLinkAboutDSD-2021-56 - A 2021-026 - 11 Whitney Placei Staff Report �T R Dbvelo n7entServicesDepartment www. kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 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 9 DATE OF REPORT: April 13, 2021 REPORT NO.: DSD -2021-056 SUBJECT: A2021-026— 11 Whitney Place Owner: Katrina Cove -Shannon Approve Without Conditions RECOMMENDATION: 1) That Minor Variance Application A2021-026, for 11 Whitney Place, requesting the following variances from By-law 85-1, to facilitate the construction of a new porch in the front yard and legalize the existing dwelling, a. Requesting a minimum front yard of 2.64 metres, whereas Section 39.2.1 requires 4.7 metres, b. Requesting a minimum side yard setback of 0.78 metres, whereas Section 39.2.1 requires 1.2 metres, and c. Requesting relief from Section 5.3 to allow a proposed front porch to encroach into the Driveway Visibility Triangle, be approved, without conditions. Figure 1. Aerial Photo of Subject Property, in Context *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of variances to facilitate the construction of two-level deck attached to the front of a single detached dwelling. • This report supports the delivery of core services. • There are no financial implications to the City. BACKGROUND: This report is being brought forward to facilitate the construction of two-level deck attached to the front of a single detached dwelling. Figure 2. View of subject property from Whitney Place REPORT: The subject property is located on the southwest side of Whitney Place, between Benton Street and Peter Street, in the Mill Courtland Woodside Park Planning Community. The property contains a single detached dwelling, constructed in approximately 1900. The immediate neighbourhood contains mainly low-density residential uses. The property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan and zoned R-5 in By-law 85-1. It should be noted that the property is included within the Mill Courtland Woodside Park / Rockway Neighbourhood Planning Review, which is currently underway (not yet approved). City Planning staff conducted a site inspection of the property on April 8, 2021. A 2 -level porch that appears to be in poor repair is attached to the front of the existing single detached dwelling. The subject dwelling has existed for approximately 120 years, and the front porch may have existed in the same form and location for the same amount of time, though this cannot be confirmed. The applicant is proposing to demolish the existing porch and construct a new porch on the same footprint. To facilitate the construction of the new porch, the applicant is requesting the following variances from By-law 85-1: 1. Requesting a minimum front yard of 2.64 metres, whereas Section 39.2.1 requires 4.7 metres (for the proposed front porch which is set back less than 3.Om from the front lot line), 2. Requesting a minimum side yard setback of 0.78 metres, whereas Section 39.2.1 requires 1.2 metres (for the proposed porch and existing dwelling), and 3. Requesting relief from Section 5.3 to allow a proposed front porch to encroach into the Driveway Visibility Triangle (DVT). 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) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. 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. Planning staff is of the opinion that the variances would facilitate the construction of a new front porch that is appropriate in massing and scale and is compatible with the built form, character, and streetscape of the established neighbourhood. The requested front yard setback is similar to that of the other properties along the southwest side of Whitney Place. 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 It should be noted that this property is within an area that is subject to Appendix H.- Residential :Residential Intensification in Established Neighbourhoods Study (RIENS) Area of By-law 85-1. Properties in this area are subject to minimum front yard requirements that are based upon the average of the front yards of the abutting lots, minus 1.0 metre, rather than on a set distance. In this case, the required minimum front yard is calculated at 4.7 metres, which is significantly greater than most of the properties on Whitney Place. It should be noted that despite the fact that the abutting property to the northwest is a corner lot, the dwelling upon which fronts onto Benton Street rather than Whitney Place, this property has been used in the determining the minimum front yard requirement. In this case, the technical requirement does not satisfactorily implement the intended purpose of the regulation, which is to ensure that the dwellings facing Whitney Place have a consistent setback. Planning staff is satisfied that the setback of the proposed front porch will be consistent and an appropriate streetscape interface will be maintained, noting that the dwelling has existed in its current location for approximately 120 years, and the front porch may have existed for the same amount of time. The purpose of the minimum side yard requirement is to ensure adequate buffering between dwellings. In this case, the subject dwelling and front porch have existed for a very long time. The requested variance simply legalizes the existing setback for the dwelling and allows construction of a new front porch on the same footprint as the existing porch. The purpose of the DVT requirement is to ensure pedestrian safety. Transportation Services has advised that it is supportive of the encroachment into the DVT. Planning staff is of the opinion that the variances will meet the general intent and purpose of the Zoning By-law. "Minor" Test The variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The dwelling and porch have existed for many years, presumably without issue. The requested setbacks are adequate, and Transportation Services is supportive of the requested DVT relief. Planning staff is of the opinion that the variances are minor. Desirability for Appropriate Development of the Land Test The requested variances support the reuse and adaption of the existing housing stock through renovation, which is a goal of the Official Plan: 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... 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. Building Division Comments: The Building Division has no objections to the proposed variance. Application for building permit has been made to the building division for the replacement of the front porch to a single detached dwelling and is currently under review. Transportation Services Comments: As noted in the application, the porch is being rebuilt within the existing footprint, therefore, Transportation Services can support the proposed encroachment into the driveway visibility triangle. Engineering Services Comments: Engineering has no comments. Environmental Planning Comments: Environmental Planning has no comments. Heritage Planning Comments: There are no heritage planning concerns. 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 11 Whitney Place is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill neighbourhood. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the CHL, please visit the following link: www.kitchener.ca/npr. 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 — Plans Submitted with Application Form aI IW=$� zy N� me m N m x t a�_ 4 - u -4 D I N BENTON n I=n -. �'eanr ��—g S VC1 a �Nrr3,9r'x13�'•3r0E rpll Ursxa6.6r[r7�! 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D U'—fti i�ah m zA nen 0 A yW Z� R91 N q D fl1 mm3� y�Z ws� o aza ti (j A �rn ❑p Ifl I I uys y� ' 1 I � ib 7x4 5Ph..STS I em w 16 oie rn� X y P y 13 UT V I Ad oIr y z m m r Fx i b I� I c 7 t I, II 4 0 � r v� y m L � L = m y < AF O � r q$qg pppp�p N L a A g v is � t1QA = L zy; gym[ �® T� zbh ------------------ ZA - - C Ll Ar� 6�A ��m Z L mQ P W — o }y -f ��z m prem b �Z � r R � TO z n 3 r � mm�y r mmmmm im z r n — m % u mL u:• = m TI[ y 4 A 41 G1 n I 13 13 AA= b j z ppm 2 n�rt " semA y8tfl n w 7 11 CP g I 5 y z S S G i A m C r A a_ c ..--------- I ----- ________________ U 1A S nn ;p Z gq O y� a r 1f4 O S �vA n't1 TEM ul Xn m Ll G� ll � Region of Waterloo April 07, 2021 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 (6) 53 COURTLAND, 80 COURTLAND AVENUE EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 — 30 Waterbow Trail — No Concerns. 2) A 2021-026 — 11 Whitney Place — No Concerns. 3) A 2021-027 — 573 Guelph Street — No Concerns. 4) A 2021-028 — 11 Springdale Drive — No Concerns. 5) A 2021-029 — 20 Munroe Street — No Concerns. 6) A 2021-030 — 80 Courtland Avenue East — No Concerns. 7) A 2021-031 — 660 Avondale Avenue — No Concerns. 8) A 2021-032 — 81 Waterloo Street — No Concerns. 9) A 2021-033 — Fairway & Woolner — No Concerns. 10) A 2021-034 — 59 Carisbrook Drive — 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 Document Number: 3616590 Page of 2 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 2 Docs #3573963 April 8, 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 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: April 20, 2021 Committee of Adjustment Meeting Applications for Minor Variance A2021-019 30 Waterbow Trail A2021-026 11 Whitney Place A2021-027 573 Guelph Street A2021-028 11 Springdale Drive A2021-029 20 Munroe Street A2021-030 80 Courtland Avenue East A2021-031 660 Avondale Avenue A2021-032 81 Waterloo Street Applications for Consent B2021-015 83 Elmsdale Drive B2021-016 83 Second Avenue B2021-017 82 Pattandon Avenue B2021-018-020 942 Doon Village Road B2021-021-023 654 Rockway Drive 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