HomeMy WebLinkAboutDSD-2021-133 - A 2021-063 - 48 Martin StREPORT TO:Committee of Adjustment
DATE OF MEETING:July 20, 2021
SUBMITTED BY:Bateman,Brian,Senior Planner, 519-741-2200ext. 7869
PREPARED BY:Schneider,Eric, Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED:Ward9
DATE OF REPORT:July 9,2021
REPORT NO.:DSD-2021-133
SUBJECT:Minor Variance Application A2021-063
48 Martin Street
Owner& Applicant-Ruchit Sharma
RECOMMENDATION:
That application A2021-063requesting permission toconvert aduplexinto a triplexon a lot
having an area of 313sq.m. rather than the required 495 sq.m.;a lot width of 13.2m rather
than the required 15m; a rear yard setback of 7.27m rather than the required 7.5m and,to
have 2 off-street parking spaces rather than the required 3 off-street parking spaces be
approved, subject to the following conditions:
1.That the owner submits a 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, lot width and rear yard setback(Section 39.2.4),
anda reduction in parking from 3 to 2 spaces (Section 6.1.2 a).
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Location Map:48 Martin Street
BACKGROUND:
Thesubject propertylocated at 48 MartinStreetis designated asLow Rise Conservationin the Mill
Courtland Woodside ParkSecondary Plan in the City’s Official Plan and identified as aMajor Transit
Station Areaon the City’s Urban StructureMap.
The property is zoned asResidential FiveZone(R-5)in Zoning By-law 85-1.
In 2017 the subject property received approval for minor variance application A2017-027to convert
a single detached dwelling to a duplex having a rearyard setback of 7.27metres rather than the
required 7.5 metres.
The applicant is now seeking to convert the existing building into a 3-unit multiple dwelling and is
seeking relief for required parking, lot width, and 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 Mill Courtland Woodside 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 Width and Lot Area:The intent of the regulation that requires a minimum of 495 square
metres in lot areaand 15 metres in lot widthis 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 width of 13.2 metres and
lot area of 313square metres can continue to provide site functionality with an additional unit
and Staff is of the opinion that the provided lot areaand widtharesufficient.Staff is of the opinion
that the requested variance meets the general intent of the Zoning By-law.
Parking: 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 Route 6 GRT bus stop on
Courtland Avenue as well as both the QueenLRT stationand the Kitchener Market LRT Station.
Therefore,Staff is of the opinion that vehicle parking can be reduced in this location and that the
provision of 2 parking spaces is adequate.The two parking spaces are provided in an attached
garage.Staff is of the opinion that the requested variance meets the general intent of the Zoning
By-law.
Rear Yard Setback:Theexisting rear yard setback of 7.27 metres was previously approved in
minor variance A2017-027 for the current duplex dwelling. The proposal to add a third unit will
not add GFA or extend further into this setback. Theintent of the regulation that requires 7.5
metres for rear yard setback is to ensure that adequate amenity space and building separation
is provided.Staff are of the opinion that amenity space and building separation are adequate on
this lot, and the slight reduction in setback meets the general intent of Zoning By-law.
Is the Variance Appropriate?
3.The proposal does not add additional GFA and does not propose any changes to the existing
parking area. Staff are of the opinion that therequested 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 July 2, 2021.
View of Existing DuplexDwelling(July 2, 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 does not have any concerns with the reduced parking rate for the
proposed triplex, given the rationale from the applicant. As a condition of approval, the applicant is
to provide an area for secured bicycle parking for the third unit that is being added.
Heritage 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 48 Martin
St 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 anew Secondary Plan
for the Cedar Hill and Schneider Creek area. For more information on the outcome of this CHL
analysis and the specific recommendations which may impact properties located within the Cedar
Hill Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr.
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 sign 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:
A2017-027
June 29, 2021
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (9)/VAR KIT, 926 KING STREET EAST VIVE
Kitchener, ON N2G 4G7 DEVELOPMENT CORP
(15)/28, 120 BULLOCK STREET HOMER WATSON
BUSINESS PARK
(17,18)/VAR KIT, 102 WATERLOO STREET 2820580
ONTARIO INCORPORATED
Dear Ms. Hilborn:
Re: Committee of Adjustment Applications Meeting July 20, 2021, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2021-061 29 Floral Crescent No Concerns.
2) A 2021-062 316 Quaiser Court No Concerns.
3) A 2021-063 48 Martin Street No Concerns.
4) A 2021-064 34 Uxbridge Crescent No Concerns.
5) A 2021-065 117 Golden Meadow Crescent No Concerns.
6) A 2021-066 195 Yellow Birch Drive No Concerns.
7) A 2021-067 806 Belmont Avenue West No Concerns.
8) A 2021-068 71 Massey Avenue No Concerns.
9) A 2021-069 926 & 936 King Street East No Concerns.
10) A 2021-070 124 Walker Street No Concerns.
11) A 2021-071 19 Anson Court No Concerns.
12) A 2021-072 53 Plaza Court No Concerns.
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13)A 2021-073538 Victoria Street SouthNo Concerns.
14) A 2021-074 42 Florence Avenue No Concerns.
15) A 2021-075 10 Pearson Street No Concerns.
16) A 2021-076 61 Strange Street No Concerns.
17) A 2021-077 102 Waterloo Street (Retained) No Concerns.
18) A 2021-078 102 Waterloo Street (Severed) No Concerns.
19) A 2021-079 1170 King Street East No Concerns.
20) A 2021-080 815 & 825 King Street East 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
CC:
Dianna Saunderson
CofA@Kitchener.ca
2
July 9, 2021
Dianna Saunderson Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Saunderson,
Re: July 20, 2021 Committee of Adjustment Meeting
______________________________________________________________________
Applications for Minor Variance
A 2021-052 74 Chestnut Street
A 2021-061 29 Floral Crescent
A 2021-062 316 Quaiser Court
A 2021-063 48 Martin Street
A 2021-064 34 Uxbridge Crescent
A 2021-065 117 Golden Meadow Crescent
A 2021-066 195 Yellow Birch Drive
A 2021-067 806 Belmont Avenue West
A 2021-068 71 Massey Avenue
A 2021-069 926 & 936 King Street East
A 2021-070 124 Walter Street
A 2021-071 19 Anson Court
A 2021-072 53 Plaza Court
A 2021-073 538 Victoria Street South
A 2021-074 42 Florence Avenue
A 2021-075 10 Pearson Street
A 2021-076 61 Strange Street
A 2021-077 102 Waterloo Street
A 2021-078 102 Waterloo Street
A 2021-079 & A2021-080 1170 King Street East & 815 & 825 Weber Street East
Applications for Consent
B 2021-036 301 Thaler Avenue
B 2021-037 362 Lancaster Street West
B 2021-038 257 Dumfries Avenue
B 2021-039 102 Waterloo Street
*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.
Applications for Consent (Continued)
B2021-0401170 King Street East, 815 & 825 Weber Street East
B2021-0411170 King Street East, 815 & 825 Weber Street East
The above-noted 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.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority