The URL can be used to link to this page

Home My WebLink AboutDSD-2021-204 - A 2021-107 - 26-28 Ellen St. WREPORT TO:Committee of Adjustment DATE OF MEETING:October 19, 2021 SUBMITTED BY:Bateman,Brian,Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Schneider,Eric,Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED:Ward10 DATE OF REPORT:October 8, 2021 REPORT NO.:DSD-2021-204 SUBJECT:Minor Variance Application A2021-107 26-28 Ellen Street West Owner- Eric Fox & Alanna Harper Applicant- Scott Patterson, Patterson Planning Consultants RECOMMENDATION: That application A2021-107requesting permission toconstruct a two-storey addition in the rear yard of an existing single detached dwelling having a 73% increase to the existing building’sGross Floor Area (GFA) rather than the maximum permitted GFA increase of 25% be approved, subject to the following conditions: 1.That the Owner shall prepare a scoped Tree Management Plan in accordance with the City’s Tree Management policy, to be approved by the City’s Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 2.That the owner submits a building permit application. REPORT HIGHLIGHTS: The applicant is requestingpermission to construct a rear yard addition to a single detached dwelling. Special Use Provision 127U restricts additions to 25% of the existing Gross Floor Area (GFA) whereas the addition proposed is 73% of the existing GFA. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map:26-28 Ellen Street West BACKGROUND: The subject propertylocated at 26-28 Ellen Street Westis designated asLowRise Residential Preservation in the Civic CentreSecondary Plan in the City’s Official Plan and identified as a Major Transit Station Areaon the City’s Urban StructureMap. The property is zoned asResidential FiveZone (R-5) with Special Use Provision 127Uin Zoning By-law 85-1. The property is located in the Civic Centre Neighbourhood Heritage Conservation District. The applicant has submitted an application for a Heritage permitand has provided a Heritage Assessment Technical Memo with this application. 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 Residential Preservationin the Civic Centre SecondaryPlan in the Official Plan. This designation aims to retain the existing single detached residential character of the neighbourhoodand the preservationof existing housing stock is encouraged. The proposal intends toretain this character by keeping the building as a single detached dwelling. The designation also stipulates that additions should not be in the front or side yards, which this application is compliant with as the addition is proposed to be in the rear yard only.Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2.The intent of the regulation restricts additions to 25% of the gross floor area of the existing building is to preserve the heritage character of the neighbourhood. Staff have reviewed the heritage assessment technical memo and is in agreement with the summary that the proposed addition is in keeping with the guidelines and recommended practices outlined in the Civic Centre Heritage Conservation District for additions. Staff acknowledge that there will be minimal impacts to the streetscape as the addition is located in the rear yard ofthe subject property. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3.The proposed addition meets all other regulations in the Residential Five Zone (R-5). Staff acknowledge that the large size of the lot(915M²) provides more than adequate space for a rear yard addition as proposed and can continue to provide substantial landscaped amenity space in the rear yard. Staff consider the requested variance to be appropriate. Is the Variance Minor? 4.The proposed addition represents a small portion of the existing rear yard. The proposed addition is not expected to have adverse impacts to the streetscape or the abutting properties, as the addition will not be visible from the streetand the side and rear yard setbacks are greatly exceeded. Therefore the requested variance is considered minor. City Planning staff conducted a site inspection of the property on October 1, 2021. View of Existing Single Detached Dwelling (October 1, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with theproposed application. Heritage Comments: The subject property municipally addressed as 26-28 Ellen Street West is located within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD) and designated under Part V of the Ontario Heritage Act. A Heritage Permit Application for the construction of a two-storey rear yard addition has been submitted and is under review. The construction of the proposed rear yard addition is generally in keeping with the policies and guidelines of the CCNHCD Plan. The policies and guidelines of the CCNHCD Plan do not restrict ground floor area based on the ground floor area of an existing building, however the policies provide clear direction on location, form, height, design details, and materials. The proposed addition is not expected to adversely impact the existing dwelling or the character of the CCNHCD. The proportions, materials, location, and design details of the proposed addition are in keeping with the provisions of 6.5.1 of the CCNHCD Plan. EnvironmentalComments: A tree management plan shall be required to assess and make recommendations regarding shared ownership trees. 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: None. October 07, 2021 Kristen Hilborn City of KitchenerFile No.: D20-20/ 200 King Street WestVAR KIT GEN P.O. Box 1118 Kitchener, ONN2G 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 2021-10525 Courtland Avenue EastNo 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 abuttingthe sidewalk. The staff notethat this property abutsa high traffic Regional road,and isin 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 approximatelywouldbe 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 2021-10637 Highland Road WestThe 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 2021-10726-28 Ellen Street WestNo concerns. 4)A 2021-108102 Fenwick CourtNo Concerns. 5)A 2021-109388 King Street EastNo Concerns. 6)A 2021-110125 Seabrook DriveNo Concernsto the application. However, staff note that an education institution is considered as anoise sensitive land use and may have impacts from theenvironmental noise sources in the vicinity. 7)A 2021-11152 Anvil StreetNo Concerns. 8)A 2021-112135 Wellington StreetNorth No Concerns. 9)A 2021-1131421 Victoria Street NorthNo Concerns. 10)A 2021-114 75 Louisa StreetNo Concerns. 11)A 2021-11579 Louisa StreetNo Concerns. 12)A 2021-11674 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 developmentsprior to the issuance of a building permit. The comments contained in this letter pertain to the Application numberslistedabove. 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.