HomeMy WebLinkAboutDSD-2021-154 - A 2021-087 - 407 Park StStaff Report
De velo n7ent Services Dq,oartr7ent
REPORT TO: Committee of Adjustment
DATE OF MEETING: August 17, 2021
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www. kitchener ca
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: August 6, 2021
REPORT NO.: DSD -2021-154
SUBJECT: Minor Variance Application A2021-087
407 Park Street
Owner — Benjamins Real Estate Holdings
Applicant — Mark Benjamins, C/O Benjamins Real Estate Holdings
RECOMMENDATION:
That application A2021-087 requesting permission for new covered balconies on a multiple
dwelling to have a side yard setback abutting a street of 2.34 metres rather than the required
4.5 metres and further, that an encroachment of 1.55 metres for the balcony including railing
and a post into the required Driveway Visibility Triangle of 4.5 metres, be approved.
REPORT HIGHLIGHTS:
The application is requesting relief from Section 32.3.1 of Zoning By-law 85-1 to facilitate the
construction of new covered balconies on a multiple dwelling. A side yard setback abutting a street
of 2.34 metres rather than the required 4.5 metres is being sought. Through the review of the
application it was determined that a second variance will be required to permit an encroachment into
a driveway visibility triangle (DVT). This variance is in the same location as the one requested and
is directly related to the setback variance that was advertised. Therefore, Planning staff is of the
opinion that appropriate notice has been given.
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Figure 1: Location Map
BACKGROUND:
The property is designated as Community Institutional in the K -W Hospital Neighbourhood Plan for
Land Use and identified as a Major Transit Station Area on the City's Urban Structure Map.
The property is zoned as a Community Institutional Zone in Zoning By-law 85-1. There is one special
use provision applied to the property and surrounding area. Special Use Provision 102U permits a
medical laboratory to be a use on the identified lands. This provision does not impact this application.
At present, the site is developed with a triplex and associated parking lot. Some amenity space is
provided in the form of landscaped areas. The proposed covered balconies will provide residents
with further functional outdoor space.
Through the review of the application, it was determined that a second variance is required to permit
one of the support columns and railing of the proposed lower balconies to encroach into the DVT.
Under Zoning By-law 85-1 no object over 0.9 metres in height from grade may be permitted within a
driveway visibility triangle. Relief from Section 5.3 will be required to allow the balcony encroachment
to encroach 1.55 metres into the DVT which includes railings and the support pillar. Given that this
variance also relates to the proposed balconies associated with the requested setback variance,
staff is of the opinion that sufficient notice has been given to permit this second variance.
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
In the KW Hospital Secondary plan, the intent of the Community Institutional designation is to recognize
and make provisions for existing community institutional uses such as schools, churches, hospitals, or
community services. In addition, residential uses which are complementary to the community
institutional uses are permitted. Permitted residential forms include single -detached, semi-detached,
and multiple dwellings. Further, under Section 4 of the Official Plan, emphasis is placed on any new
buildings or modifications to existing buildings being of an appropriate massing and scale and
compatible in design with the built form and community character of the surrounding area. The proposed
balconies will not significantly change the size of the existing building and will maintain the character of
the streetscape. As such, Planning staff is of the opinion that the requested variance is appropriate and
meets the general intent of the City's Secondary and Official Plan.
General Intent of the Zoning By-law
The intent of the 4.5 metre setback for side yards abutting a street is to ensure that: there is a uniform
streetscape; there are no visibility issues for the corner visibility triangle or driveway visibility triangles
for the subject property or neighbouring properties; and that appropriately sized open areas on a lot are
provided for residential use and for the purpose of any exterior maintenance which may be required.
The proposed balconies will not project past the north-westerly wall of the existing dwelling, which is
2.03 metres from the side yard lot line. In this way, the existing uniformity of the streetscape is
maintained. Though a portion of the proposed balcony structure encroaches into the driveway visibility
triangle, Transportation staff notes that it is minor and appropriate visibility is maintained. Further, the
corner visibility triangle is not impacted. Finally, the proposed covered balconies will create more
functional outdoor space for residents to use and the requested variance still allows for appropriate
space in which to address any exterior maintenance needs.
For the above -noted reasons, Planning staff is of the opinion that the requested reduction for side yard
setback and associated DVT encroachment meets the general intent of the zoning by-law.
Is the Variance Minor?
The proposed variance is minor in nature, being only a 2.16 metre difference. The second variance
permitting the balcony encroachment into the DVT is also minor and will not obstruct visibility. Staff is
of the opinion that the requested reductions in setback as well as the encroachment will allow for the
construction of covered balconies that are compatible with the existing uses of the property and which
will not negatively impact any of the adjacent properties or the surrounding neighbourhood.
Is the Variance Appropriate?
The variance is appropriate for the development and use of the land. The requested variance is not
expected to impact any of the adjacent properties or the surrounding neighbourhood. The proposed
scale, massing, and height of the balconies is compatible with the existing multiple dwelling on the
property and will not negatively impact the present character of either the subject property or the
surrounding area. Visibility remains unobstructed.
City Planning staff conducted a site inspection of the property on July 30, 2021.
Figure 2: View of the rear and side elevation of the subject property, where the new covered
balconies are proposed.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
decks/balconies are obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Comments:
It appears from the submitted plan that a support column for the proposed balconies is encroaching
into the driveway visibility triangle (DVT). However, the encroachment into the DVT is minor in
nature. Also, the visibility for the ground floor balcony always remain free and clear of obstructions.
Any future submissions should note the DVT on the plan.
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 407 Park Street is located within the Gildner
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 with the proposed application.
Environmental Planning Comments:
There are no natural heritage or tree management concerns. However, it would be preferred if the
street tree on Gildner Street was protected against any impacts from construction.
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 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. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Committee of Adjustment application A 2003-064 for 407 Park Street was considered on August 19,
2003 and was approved.
ATTACHMENTS:
Attachment A — rear elevation drawings of the building with the proposed balconies
7 FyNT ELEVAT]ON
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PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Region of Waterloo Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
July 23, 2021
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (9) 53 COURTLAND, 165 COURTLAND AVE E GSP
Kitchener, ON N2G 4G7 GROUP MEGAN GEREGHTY
Dear Ms. Hilborn:
Re: Committee of Adjustment Applications Meeting August 17, 2021, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2021-081
— 101 Schweitzer Street — No Concerns.
2)
A 2021-082
— 915 Eaglecrest Court — No Concerns.
3)
A 2021-083
— 200 Tartan Avenue — No Concerns.
4)
A 2021-084
— 210 Tartan Avenue — No Concerns.
5)
A 2021-085
— 49 Gruhn Street — No Concerns.
6)
A 2021-086
— 176 Woolwich Street — No Concerns.
7)
A 2021-087
— 407 Park Street — No Concerns.
8)
A 2021-088
— 62 Hawkswood Drive — No Concerns.
9)
A 2021-089
— 165 Courtland Avenue East — No Concerns.
10) A 2021-090
— Otterbein Road — 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
Document Number: 3755058
Page 1 of 2
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(a)Kitchener. ca
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and RiAdministration Centre: 400 Clyde Road, P.O. Pox 729 Cambridge, ON N1 R 5W6
0��`Phone: 519-621-2761 Tall free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca
0syaion
August 5, 2021
Dianna Saunderson Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Saunderson,
Re: August 17, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A 2021-081
101 Schweitzer Street
A 2021-082
915 Eaglecrest Court
A 2021-083
200 Tartan Avenue
A 2021-084
210 Tartan Avenue
A 2021-085
49 Gruhn Street
A 2021-087
407 Park Street
A 2021-088
62 Hawkswood Drive
A 2021-090
50 Otterbien Road
A 2021-091
Quarry Park Drive (Draft Plan of Subdivision 30T-91005, Lots 67-80)
Application for Consent
B 2021-042 220 Ira Needles Boulevard
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(c-)-grandriver.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