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Home My WebLink AboutDSD-2021-79 - A 2021-044 - 54 Park St.REPORT TO:Committee of Adjustment th DATE OF MEETING:May 18, 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Schneider,Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED:Ward9 th DATE OF REPORT:May 7, 2021 REPORT NO.:DSD-2021-79 SUBJECT:Minor Variance Application A2021-044 54 Park Street Owner-Chad McLeod Applicant-Matthew Warzecha RECOMMENDATION: That application A2021-044requesting permission toconvert an existing duplexinto a multiple dwelling with 3-units on a lot having an area of 478 sq.m. rather than the required 495 sq.m.; to have 2 off-street parking spaces rather than the required 3 off-street parking spaces; to provide the required off-street parking in tandem,whereas the By-law does not permit the required spaces to be in tandem; and, to permit parking to be located between the front façade and the lot line,whereas the By-law does not permit parking between the front façade and the lot linebeapproved, subject to the following conditions: 1.That the owner submitsa site plan application to the satisfaction of the Director of Planning. 2.That the owner providesa secured space for bicycle parking to the satisfaction of the Director of Transportation Services. REPORT HIGHLIGHTS: The applicant is requestingpermission to add one residential unit by converting the existing duplex into a 3-unit multiple dwelling. A 3-unit multiple dwelling is a permitted use in the zone, but the applicant is seeking relief from minimum lot area (Section 39.2.4), a reduction inparking from 3 to 2 spaces and for those spaces to be arranged in tandem (Section 6.1.2 c), and permission to locate the parking between the front façade and the street line (Section 6.1.1.1 d). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 54 Park Street BACKGROUND: Thesubject propertylocated at 54 Park Streetis designated asLow Rise Conservationin the Victoria Park Secondary Plan in the City’s Official Plan and identified as aMajor Transit Station Areaon the City’s Urban StructureMap. The property is zoned asResidential ThreeZone(R-5)in Zoning By-law 85-1. In 2017 the subject property received approval for minor variance application A2017-084 to convert a single detached dwelling to a duplex having a front yard setback of 3.31 metres rather than the required 4.5 metres, to permit the required off-street parking to be located 5.7 metres from the street line rather than 6 metres, and to permit a 1.26 metre encroachment into the Driveway Visibility Triangle (DVT). The applicant is now seeking to convert the existing building into a 3-unit multiple dwelling and is seeking relief for parking space amount, arrangement, and location, as well as lot area. 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 1.The subject property is designated Low Rise Conservation in the Victoria Park Secondary Plan in the Official Plan. This designation aims to retain a low rise, low density residential character of the neighbourhood and the preservation of existing housing stock is encouraged. The proposal intends to add a unit by further demising the boundaries within the building. No demolitionof the buildingor addition of Gross Floor Area (GFA) is proposed as part of this application and the proposal willretain the original building. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2.Lot Area:The intent of the regulation that requires a minimum of 495 square metresin lot area is to ensure site functionality and to ensure adequate space for the dwellings. In this situation, the building is already situated on the lot andno site layout changes are proposed through this application. The provided lot area of 478 square metres is only slightly deficient of the required minimum and Staff is of the opinion that the provided lot area is sufficient.Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Parking (amount): The intent of the regulation that requires 1 space per dwelling unit (3 spaces for a 3-unit multiple dwelling) is to ensure that there is adequate vehicle storage on site. This property is located in a Major Transit Station Area and is walking distance from the Victoria Park LRT station. Staff is of the opinion that vehicle parking can be reduced in this location and that the provision of 2 parking spaces is adequate. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Parking (arrangement):The intent of the regulation that does not permit parking for a multiple dwelling to be arranged in tandem is to provide for independent ingress and egress of vehicles on site. This regulation typically applies to 3 or more parking spaces, however, this application is also seeking to reduce the required parking to 2 spaces. Parking arranged in tandem is permitted when 2 spaces are required for a duplex dwelling, so in the opinion of Staff it is appropriate to arrange parking in tandem when there are only 2 required spaces. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Parking (location):The intent of the regulation that does not permit parking spaces to be located between the front façade and the street line is ensure that vehicle storage does not dominate the streetscape. This regulation is typically applied for when 3 or more parking spaces are provided, as it only applies tomultiple dwellings 3 units or more. However, as the applicant is also seeking a reduction in parking to 2 spaces, Staff is of the opinion that the existing parking area does not dominate the streetscape and represents an existing condition.Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3.The proposal does not add additional Gross Floor Area (GFA)and does not propose any changes to the existing parking area. Staff is of the opinion that the requested variances are appropriate as no physical changes to the site layout or exterior building are proposed. Is the Variance Minor? 4.The proposal represents a minor increase in density and is expected to result in very little change to the property overall. Therefore,the requested variance is considered minor. City Planning staff conducted a site inspection of the property on May 4, 2021. View of Existing DuplexDwelling(May 4, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services would require the provision of a secured space for bicycle parking to help mitigate parking demand for the property. Heritage Comments: Theproperty municipally addressed as 54 Park Street is located within the Victoria Park Area Heritage Conservation District (VPAHCD) and designated under Part V of the Ontario Heritage Act. The variances requested are limited to parking and lot area, and no exterior alterations to the existing building are proposed. As such, Heritage Planning staff has no concerns with the minor variance application. EnvironmentalComments: No environmental planning 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 Committeeof Adjustmentmeeting.A notice signed was placed on the propertyadvising 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: A2017-084 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