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Home My WebLink AboutDSD-2021-82 - A 2021-039 - 78 Shanley St.REPORT TO:Committee of Adjustment DATE OF MEETING:May 18, 2021 SUBMITTED BY:vonWesterholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY:Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED:Ward 10 DATE OF REPORT:May 7, 2021 REPORT NO.:DSD-2021-82 SUBJECT:Minor Variance Application A2021-039 78 Shanley Street Owner –Jeffery Geurts Applicant–Amr Serrag Eldin RECOMMENDATION: That minor variance application A2021-039requesting relieffrom Section 6.1.1.1.b.i) to permit requiredparkingspaceswith a 0.0metre setback whereas 6.0 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.1.1.b.i) to permit required parking spaceswith a 0.0metre setback whereas 6.0 metres is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 78 Shanley Street BACKGROUND: The property is designated as Low Rise Residential in the City’s Official Plan and identified as a Community Area on the City’s Urban Structure Map. The property is zoned as Residential Five Zone (R-5)with Special Regulation Provision 129U(which prohibits triplexes) in Zoning By-law 85-1. 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 intent of the Low Rise Residential land use designation is to permit a variety of low density residential uses. The property is developed with a single detached dwellingand is proposed to be renovated into a duplex dwelling unit. A parking space is proposed to be provided for each unit side by side, rather than in tandem. Planning Staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the 6.0 metre setback for arequired parking space is to ensure that a second parking space can beprovided on-siteintandem. A duplex requires two parking spaces in Zoning By-law 85-1. The applicant has already constructed a driveway that can accommodate two parking spaces side by side. The zoning by-law permits driveways to have a width of 5.2 metres for lots less than 10.4 metres in width. Planning Staff is of the opinion that the general intent of the Zoning By-law is maintained. Is the Variance Minor? The proposed varianceis minor. Staff is of the opinion that the requested variance will allow forthe existing single detached dwelling to be converted to a duplex which is compatible with the surrounding community. The property cannotphysically accommodate a 11.5-metre-longdriveway due to the side yard setback and set back of the existing building. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land asa duplex is a permitted use in the Zoning By-lawand two on-site parking spaces are being provided. Staff is of the opinion that the requested variances are appropriate. City Planning staff conducted a site inspection of the property on May 3, 2021. Existing Building –78 Shanley Street Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the change of use to a duplex and is currently under review. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. 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 firststep of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 78 Shanley Street is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs on the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No concerns. 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: There are no previous reports/authorities related to this matter. April 29, 2021 Dianna Saunderson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (11) /54, KOLB CREEK SUBDIVISIN 30T 02206 Kitchener, ON N2G 4G7 Dear Ms. Saunderson: 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 2021-035 659 Stirling Avenue South No Concerns. 2) A 2021-036 30 Simeon Street No Concerns. 3) A 2021-037 40 Prueter Avenue No Concerns. 4) A 2021-038 47 Kilkerran Crescent No Concerns. 5) A 2021-039 78 Shanley Street No Concerns. 6) A 2021-040 59 Bechtel Drive No Concerns. 7) A 2021-041 63 Bechtel Drive No Concerns. 8) A 2021-042 29 Gruhn Street No Concerns. 9) A 2021-043 10 Eastwood Drive No Concerns. 10) A 2021-044 54 Park Street No Concerns. 11) A 2021-045 Blocks 3 & 4 Otterbein Drive No Concerns. 12) A 2021-046 162 Greenbrook Drive No Concerns. tğŭĻ ƚŅ Ћ 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 CC: Juliane von Westerholt, City of Kitchener Christine Kompter, City of Kitchener CofA@Kitchener.ca Document Number: 3644828 2 Docs #3644828 May 6, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re: May 18, 2021 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-031 660 Avondale Avenue A 2021-036 30 Simeon Street A 2021-037 40 Prueter Avenue A 2021-038 47 Kilkerran Crescent A 2021-039 78 Shanley Street A 2021-040 59 Bechtel Drive A 2021-041 63 Bechtel Drive A 2021-042 29 Gruhn Street A 2021-043 10 Eastwood Drive A 2021-044 54 Park Street A 2021-045 Otterbein Road (Blocks 3 & 4) Applications for Consent B 2020-047 50 Brookside Crescent B 2021-025 20 Sylvia Street B 2021-026 41 Ardelt Place B 2021-027 418 Alice Avenue B 2021-028 564 & 592 Belmont Avenue West 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. *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 2 the Grand River Conservation Authority. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority