HomeMy WebLinkAboutDSD-2021-200 - A 2021-111 - 52 Anvil StREPORT TO:Committee of Adjustment
DATE OF MEETING:October 7, 2021
SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869
PREPARED BY:Rice Menezes, Sheryl, Planning Technician (Zoning)
519-741-2200ext. 7844
WARD(S) INVOLVED:Ward 4
DATE OF REPORT:October 8, 2021
REPORT NO.:DSD-2021-200
SUBJECT:Minor Variance Application A2021-111
52 Anvil Street
Owner –Michael and AnnMarie Grundy
RECOMMENDATION:
That application A2021-111 requesting permission to convert the garage of a single detached
dwelling into a duplex having 1 off-street parking space located 0.5 metres from the front lot
line rather than the required 6 metres, subject to the following conditions:
1)Thatthe Owner applies for a Building Permit prior to construction to the satisfaction
of the Building Division.
2)That the new door facing Anvil Street be inset from the front façade a minimum of 1
metre (any change to this setback to be approved by the Planning Division staff); and,
3)That the conditionsnoted above be completed by May 1, 2022. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate) prior to completion date set out in this decision. Failure to complete the
condition will result in this approval becoming null and void.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location Map
BACKGROUND:
The property is designated as Low Rise Residentialin the City’s Official Plan and identified as
Community Areaon the City’s Urban StructureMap.
The property is zoned as R-4(Residential Four) inZoning By-law 85-1.
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
The subject property is designated as Low Rise Residential. The intent of the designation is to
encourage a full range of housing types to achieve a low-density neighbourhood. The proposed use of
the property as a duplex dwelling willmaintain a minimum of two off-street parking spacesand this will
achieve thegeneral intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation to have a minimum of one required parking space for a duplex use to be
located a minimum of 6 metres from the street line is to ensure that there is sufficient parking for the
two dwelling units. The owner is proposing to convert the garage into a second dwelling unitand there
will remain two legal size parking spaces (minimum 2.6 x 5.5 metres each) in the existing driveway in
front of the building with a setback for both spaces 0.5 metres.
It is noted that for a duplex use, only one parking space is required to be located a minimum of 6 metres
from the front lot line. The other parking space may be located 0 metre from the front lot line. Therefore,
this application concerns one space only.
As shown on the submitted parking plan,there will remainsufficient setback for both parking spaces to
meet the intent of the bylaw.Based on above comments, staff is of the opinion that the general intent
of the Zoning By-law is met.
Is the Variance Minor?
Regarding the variance to have one required parking space located setback 0.6metres, there will be
sufficient room for both required parking spaces for the duplex use and the application may be
considered minor.
Is the Variance Appropriate?
Staff note that the existing driveway can accommodate two vehicles but that the setback of the cars
from the front façade willbeclose tothe building. To ensure that people using the new door at the
driveway level are not walking directly into a vehicle, staff are recommending that the new door be inset
from the façade. The applicant has submitted a proposed elevation plan below.
The applicant notes that the door is to be inset 1 metre. This will provide a safe area for entering
and exiting the unit. Subject to this condition, Planning staff are in support of the applicationand are
of the opinion that the varianceisappropriate development for the subject property and the
surrounding residential neighbourhood.
Building Comments:
The Building Division has no objections to the proposed variance provided building permit for the
change of use to a duplex is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Transportation Comments:
Transportation Services can support a 0.50metre parking setback from the required 6.0 metre
parking setback,as noted within the application.
Heritage Comments:No comments.
Engineering Comments:No comments.
Environmental Planning Comments:No comments.
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
applicationwas 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
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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.