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HomeMy WebLinkAboutDSD-2021-195 - A 2021-105 - 25 Courtland Ave. E.REPORT TO:Committee of Adjustment DATE OF MEETING:October 19, 2021 SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Vieira, Jessica,Student Planner,519-741-2200ext. 7074 WARD(S) INVOLVED:Ward9 DATE OF REPORT:October 8, 2021 REPORT NO.:DSD-2021-195 SUBJECT:Minor Variance Application A2021-105 25 Courtland Ave. E. Owner & Applicant –George Gray RECOMMENDATION: That applicationA2021-105for25 Courtland Avenue East, requesting relief from: a)Section 6.1.1.1 d) i) of Zoning By-law 85-1to allow for a proposed 3-unit multiple dwelling to have one required parking space located between the façade and the front lot line, where parking for multiple dwellings is not permitted in such a location; and b)Section 6.1.1.2 b) of Zoning By-law 85-1 to allow for a proposed 3-unit multiple dwelling to have two required parking spaces be arranged in tandem, where such a parking configuration is not permitted; be approved subject to the following conditions: 1.That the owner obtains Site Plan approval to the satisfaction of the Director of Planning. 2.That the owner applies for a building permit prior to construction, to the satisfaction of the City’s Building Division. REPORT HIGHLIGHTS: Thepurpose of this report is to recommend conditional approval of a minor variance to facilitate the conversion of an existing duplex into a multiple dwelling with 3units.The proposed multiple dwelling is a permitted use within the zoneand will require three parking spaces. The application isproposing that one of the required parking spaces be located between the façade and the front lot line where parking for multiple dwellings is not permitted in such a location, while the other two required parking spaces be arranged in tandem, whereas such a parking configuration is not permitted. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The subject property is located on the southerly side of Courtland Ave East, in the Mill Courtland Woodside Park Planning Community. The property contains a single detached residential dwelling which has been converted into a duplex and is proposed to be converted into a triplex. A detached accessory structure used as a storage shed is also located on the property to the westof the residential dwelling. The immediate neighbourhood is characterized by a diverse mix of uses, including low-and high-densityresidential developments, commercial uses, and open space park lands. The property is designated asMedium Density Commercial Residentialin the Mill Courtland Woodside Park Neighbourhood Secondary Plan andidentified as a Major Transit Station Area on the City’s Urban StructureMap.The property is zoned as Commercial Residential Two Zone (CR- 2)in Zoning By-law 85-1; currently the property is not subject to Zoning By-law 2019-051. As the property is within the Victoria Park Area Heritage Conservation District (VPAHCD), the provisions of the VPAHCD Plan apply. The applicant is seeking to convert the existing building into a 3-unit multiple dwelling and is seeking relief from some parking requirements.To accommodate the additional parking space on site while adhering to the provisions of theheritage conservation district plana compromise was reached which reduced the originally proposal of two parking spaces in between the façade and front lot line. The two other required spaces are proposed to be arranged in tandem, with priority for access given to the existing tenants. Landscaping is also proposed to replace some of the existing asphalt in front of the house as per the provisions of the VPAHCD. City Planning staff conducted a site inspection of the property onOctober 1, 2021. Figure 2: Front Elevationof Subject Propertywith Existing Driveway 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 Mill Courtland Woodside Park Neighbourhood Secondary Plan, the intent of the Medium Density Commercial Residential designation is to provide for a range of residential and non-retail commercial uses. Low and medium density residential uses are accommodated in this designation through the permittance of a range of housing forms, including single-detached, duplex, and multiple dwellings. The requested minor variance will facilitate the addition of a third unit to an existing duplex, making it a multiple dwelling. The new unit is proposed to be placed in the existing basement and will not be visible from the street, so the character of the site and surrounding area is maintained. Further, by reducing the amount of asphalt area that is present in the front yard of the subject property and replacing it with landscaping, the streetscape may be further enhanced. Therefore, it is the opinion of staff that the requested variances are appropriate and meet the general intent of the Secondary Plan. General Intent of the Zoning By-law The first variance is to allow for a parking space of a multiple dwelling to be located between the building façade and the front lot line. The provision that does not permit this parking location is only applied when three or more parking spaces are required, as its intent is to ensure that vehicle storage does not dominate the streetscape. As only one of the required spots for this development is being proposed to be located in between the dwelling façade and the front lot line, Staff is of the opinion that this location will not overwhelm the existing streetscape with car storage. The second variance applied for is to allow for two required parking spaces to be arranged in tandem. The intent of the regulation which does not permitsuch a parking arrangement is to provide for independent ingress and egress of vehicles on site. This regulation is also only typically applied to sites which require three or more parking space; parking arranged in tandem is permitted when 2 spaces are required for a duplex dwelling. As only two of the spaces are proposed to be arranged in tandem, Staff is of the opinion that the proposed variance meets the general intent of the Zoning By-law 85-1. Is the Variance Minor? This proposal represents a minor increase in density and is expected to result in very little change to the property overall.Further, despite the increase in required parking the amount of asphalt area on the property is proposed to decrease. Therefore,Staff is of theopinion thatthe requested variance can be considered minor. Is the Variance Appropriate? The requested parking variances will facilitate the conversion of a duplex into a multiple dwelling with 3 units, which is a permitted use in the Official Plan and Zoning By-law 85-1. The requested variances are not expected to negatively impact the present character of either the subject property or the surrounding area. For these reasons, Planning staff is of the opinion that the variances are appropriate for the development of the land. Building Comments: The Building Division has no objections to theproposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: While the current zoning by-law (85-1) does not permit tandem parking for this use, the future zoning by-law will permit tandem parking, therefore, Transportation Services does not have any concerns with the proposed application. Heritage Comments: The subject property is located within the Victoria Park Area Heritage Conservation District (VPAHCD) and designated under part V of the Ontario Heritage Act. The VPAHCD Plan contains parking policies for building conversions within the district. The district plan speaks to priority being given to parking at the rear of the building and that large areas of asphalt in front of the building are strongly discouraged. To accommodate additional parking on site while adhering to the policies of the VPAHCD Plan, a compromise has been proposed to include one parking space between the façade and front lot line and incorporate two tandem parking spaces within the driveway. Landscaping is also proposed to replacesome of the existing asphalt. Heritage Planning staff support this compromise and therefore have no concerns with the proposed minor variance application. Engineering Comments: There are no engineering concerns. Environmental Planning Comments: There are no environmentalconcerns. 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: There are no previous reports/authoritiesrelated to this matter. October 07, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 25 Courtland Avenue East No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly re manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.0m approximately would be required on 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌБЍЍЌЉВ tğŭĻ Њ ƚŅ Ќ any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 37 Highland Road West The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.0m approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 26-28 Ellen Street West No concerns. 4) A 2021-108 102 Fenwick Court No Concerns. 5) A 2021-109 388 King Street East No Concerns. 6) A 2021-110 125 Seabrook Drive No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 52 Anvil Street No Concerns. 8) A 2021-112 135 Wellington Street North No Concerns. 9) A 2021-113 1421 Victoria Street North No Concerns. 10) A 2021-114 75 Louisa Street No Concerns. 11) A 2021-115 79 Louisa Street No Concerns. 12) A 2021-116 74 Rutherford Drive (Retained) No Concerns. 13) A 2021-117 74 Rutherford Drive (Severed) No Concerns. 14) A 2021-118 134 Woolwich Street No Concerns. 15) A 2021-119 300 Bridge 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 2 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 3 October 8, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re:October 19,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-10525 Courtland Avenue EastA 2021-11152 Anvil Street A 2021-10637 Highland Road WestA 2021-112135 Wellington Street North A 2021-10726-28 Ellen Street WestA 2021-11475 Louisa Street A 2021-108102 Fenwick CourtA 2021-11579 Louisa Street A 2021-109388 King Street EastA 2021-11674 Rutherford Drive A 2021-110125 Seabrook DriveA2021-11774 Rutherford Drive Application for Consent B 2021-04451 Nelson AvenueB 2021-050441 East Avenue B 2021-04535 Coral Crescent B 2021-051945 Victoria StreetNorth B 2021-04674 Admiral RoadB 2021-052961 Victoria StreetNorth B 2021-04781 Fifth AvenueB 2021-05375 & 79 Louisa Street B 2021-048441 East AvenueB 2021-05474 Rutherford Drive B 2021-049441 East Avenue The above-noted applications are located outside the Grand River Conservation Authority areasof 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 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority.