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Home My WebLink AboutDSD-2021-207 - A 2021-112 - 135 Wellington St. NStaff Report Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 Itis i z��:I� www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: October 8, 2021 REPORT NO.: DSD -2021-207 SUBJECT: Minor Variance Application A2021-112 135 Wellington Street North Owner —1001235 Ontario Ltd. (c/o Paul Hannoush) RECOMMENDATION: That Minor Variance Application A2021-112 for 135 Wellington Street North, requesting relief from Section 6.1.2(a) of Zoning By-law 85-1, to permit a minimum off-street parking ratio of 1.2 spaces/unit, rather than 1.25 spaces/unit, be approved, subject to the following conditions: That the Owner shall apply for and obtain approval of an amendment to Site Plan Application SP19/034/W/AP, to the satisfaction of the City's Director of Planning. This approval shall apply only to the development proposed through said amended Site Plan Application. 2. That the Owner shall apply for and obtain a Zoning Occupancy Certificate from the City's Director of Planning; and 3. That Conditions 1 and 2, above, shall be completed by October 19, 2022. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting a Minor Variance Application for relief from Section 6.1.2(a) of Zoning By-law 85-1, to permit a minimum off-street parking ratio of 1.2 spaces/unit, rather than 1.25 spaces/unit. If authorized, this variance would facilitate the development of an addition to an existing multiple dwelling. BACKGROUND: The subject property is located on the south side of Wellington Street North in the Mt. Hope Huron Park Planning Community. The surrounding lands to the north, west, and east are *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. composed of a wide variety of low density residential land uses, including, for example, low rise multiple dwellings, townhouses, duplexes, and single detached dwellings. The lands immediately to the south are composed of mainly industrial properties. The property is designated Low Rise Residential in the Official Plan and zoned Residential Six Zone (R-6) in By-law 85-1. The property is identified as being within a Major Transit Station Area (MTSA) on Map 2 (Urban Structure) of the Official Plan. City Planning staff visited the property on October 1, 2021. Location Map (subject property is outlined in white) REPORT: Planning Comments: On December 20, 2019 the property received final Site Plan Approval (Site Plan Application SP19/034/W/AP) for the construction of a 5 -unit addition onto the rear of the existing 5 -unit multiple dwelling, to achieve a 10 -unit multiple dwelling. The parking for the dwelling is located at the rear of the property and is accessible via a driveway from Wellington Street and via the City -owned lane to the south. The approved Site Plan shows a garage within the ground floor of the addition, that is accessed via two overhead doors, and can accommodate three vehicles. The addition and associated site works are currently under construction. The addition is being constructed in accordance with an Ontario Municipal Board (now Ontario Land Tribunal) decision, issued on December 7, 2007, which authorizes Minor Variance Application A2007- 048, to permit the building to have a maximum Floor Space Ratio (FSR) of 0.91, rather than the 0.6 FSR as regulated in the R-6 Zone (OMB Case No. PL070701). The applicant advises that during the construction phase of the addition, unforeseen complications arose with the plumbing layout in the rear yard garage related to ceiling height. The applicant identified two potential solutions: 1. Completely remove the plumbing layout in the garage and replace with a re -designed mechanical pump -based system at considerable cost, time, and reconstruction; or 2. Pursue a Minor Variance Application to reduce the minimum parking ratio from 1.25 to 1.2, thereby allowing the applicant to remove 1 of the garage parking spaces to free up the space required to box in/separate the plumbing from the garage area and solve the height issue. Photo of the rear of the subject property, looking towards the recently constructed addition. The two garage bay doors are visible on the ground floor. To resolve the plumbing complications, the applicant decided to submit the subject Minor Variance Application for relief from Section 6.1.2(a) of Zoning By-law 85-1, to permit a minimum off-street parking ratio of 1.2 spaces/unit rather than the ratio of 1.25 spaces/unit. This would reduce the required number of parking spaces from 13 to 12 for the 10 -unit multiple dwelling. 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 and Purpose of Official Plan Test The following Official Plan policies apply to the subject variance: 13.C.8.1. Parking standards and regulations for all types of land uses will be provided in the City's zoning by-law. Specific uses may be required to provide easily accessible parking for electric and hybrid vehicles, carpool/vanpool/car share and bicycles. Minimum and maximum parking standards may be defined, as appropriate, to maximize the efficient use of land, and promote active transportation and the use of public transit. 13.C.8.2. The City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. In the subject case, the general intent of the Official Plan is to ensure that adequate off-site parking is provided. The subject property is within a Major Transit Station Area (MTSA), and has excellent access to many alternate forms of transportation, including, for example, the ION system (Central Station is within 600m); GRT bus routes, including the 204 iXpress Route, and Routes 6, 7, and 8; GO Transit (Weber Street Station is within 550m); and pedestrian and cycling facilities (e.g. Spurline Trail and Iron Horse Trail). Moreover, Transportation Services has advised that it has no concerns with the requested parking relief and that the proposed parking rate meets the intent of incoming Zoning By-law 2019-051 (approved, though not yet applied to the subject property). Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zoninq By-law Test In the subject case, the general intent of the Zoning By-law is to ensure that parking demand is met by adequate off-site parking is provided. Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. "Minor" Test The requested variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or lands. The reduction of one parking space will have a negligible impact on adjacent properties and the adjacent street network, especially considering the abundance of alternative forms of transportation, as outlined above. Desirability for Appropriate Development of the Land Test The requested variance, if approved, will facilitate the development of an addition to an existing multiple dwelling, thereby yielding a total of 10 dwelling units. This development will assist the city by providing additional housing supply during the current national housing crisis. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified. 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 135 Wellington Street is located within the Mount Hope / Breithaupt 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. Environmental Planning Comments: No natural heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Services Comments: Engineering Services has no comments. Transportation Services Comments: While the proposed parking rate of 1.2 spaces per unit is lower than the current parking requirement under zoning by-law 85-1, the proposed parking rate would meet the intent of the future zoning by-law for this use. Therefore, Transportation Services can support the proposed parking rate of 1.2 spaces per unit. 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. CONSULT — Planning staff was contacted by one community member regarding the details of the subject application. Planning staff provided a comprehensive response to the community member. PREVIOUS REPORTS/AUTHORITIES: Minor Variance Application A2007-048 Ontario Municipal Board decision, issued on December 7, 2007, (OMB Case No. PL070701) Site Plan Application SP19/034/W/AP Attachments: Attachment A — Approved Site Plan Drawing W WNGTON STREET NORTH 0, • j ue AN # WELl1NCTtNJ ST NORTH "ri ■uu ml �rillll 1111■ �ii;111 IINICII til! Ila�ill y ; poured poured concrete cunt • ronsnwo em' w.e •' REa>ceo SITE PLAN APPLICATION No.SP10341W1AP SITE PLAN LEGAL DESCRIPTION:LOT 76,REG.PLAN 376 1001235 ONTARIO LTD. SCALE 1150 City of Kitchener caaPae, 133-135 WELLINGTON ST N n.rasro 0MLOPMU I sv,mo9awar'anc Asphalt . 24a5s7Z--2ax � yea ms.s.W. 121%s ntPeelNim$.& A SVq p%3 322 DUKE + RARPING PEW IEBm: S% Parpnp apa,3 w I xume.,woa r . PF P.Wg 71 Pae dng Spw uw Ran DW mbr&1am6.5t � MULTVF�MDOOM 1' rwmea<wlxr�,m Note: All to he — — — rwm sreu RM49m asphalt areas Fg FSR CgW¢yuc 3x513 8xf%.'rdE13q� defined with 4.15m high $ 3 e ;".090 poured poured concrete cunt • ronsnwo em' w.e •' REa>ceo SITE PLAN APPLICATION No.SP10341W1AP SITE PLAN LEGAL DESCRIPTION:LOT 76,REG.PLAN 376 1001235 ONTARIO LTD. SCALE 1150 City of Kitchener caaPae, 133-135 WELLINGTON ST N n.rasro 0MLOPMU I sv,mo9awar'anc October 07, 2021 Kristen Hilborn PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca 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 recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 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.Om 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 KA 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 CofNo-� Kitchener. ca 3 C>(avid Rry c3 a 4 ��~yation Pj October 8, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: October 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-105 52 Anvil Street 25 Courtland Avenue East A 2021-106 135 Wellington Street North 37 Highland Road West A 2021-107 75 Louisa Street 26-28 Ellen Street West A 2021-108 79 Louisa Street 102 Fenwick Court A 2021-109 74 Rutherford Drive 388 King Street East A 2021-110 125 Seabrook Drive Application for Consent B 2021-044 52 Anvil Street 51 Nelson Avenue B 2021-045 135 Wellington Street North 35 Coral Crescent B 2021-046 75 Louisa Street 74 Admiral Road B 2021-047 79 Louisa Street 81 Fifth Avenue B 2021-048 74 Rutherford Drive 441 East Avenue B 2021-049 441 East Avenue Via email only A 2021-111 52 Anvil Street A 2021-112 135 Wellington Street North A 2021-114 75 Louisa Street A 2021-115 79 Louisa Street A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive B 2021-050 441 East Avenue B 2021-051 945 Victoria Street North B 2021-052 961 Victoria Street North B 2021-053 75 & 79 Louisa Street B 2021-054 74 Rutherford Drive 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 aherremana-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