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Home My WebLink AboutDSD-2021-219 - A 2021-129 - 106 Belleview Avenue REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Thompson, Lisa, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: November 3, 2021 REPORT NO.: DSD-2021-219 SUBJECT: Minor Variance Application A2021-129 106 Belleview Avenue Owner - Andrew & Ashley Harasym Applicant - Andrew & Ashley Harasym RECOMMENDATION: That application A2021-129 requesting permission to add the use of multiple dwelling to the Residential Three (R-3) zone to allow three dwelling units within the existing building be approved subject to the following conditions: 1. The owner shall obtain site plan approval for the 3-unit multiple dwelling. 2. The owner shall obtain a Zoning Occupancy Certificate for the 3-unit multiple dwelling. REPORT HIGHLIGHTS: The applicant is requesting permission to add the use of multiple dwelling to the R-3 zoning category presently applied to the property to allow the creation of a third dwelling unit within the existing building. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map View from Belleview Ave View from Smithson St BACKGROUND: The property is designated as Low Rise Residential a Community Area Map. The property is zoned Residential Three (R-3) in Zoning By-law 85-1 and is presently used as a duplex dwelling which is permitted pursuant to By-law 85-1. A building permit for the duplex use was issued in 2009. The owner now wishes to undertake interior renovations to create a third dwelling unit within the existing building. 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 Low Rise Residential land use designation provides for a full range of low density housing types, including multiple dwellings. As the proposed building is existing as a low rise form of building, the interior renovation of the building to add a third dwelling unit meets the general intent of the Official Plan, in addition to providing much needed housing in the community. General Intent of the Zoning By-law The R-3 zoning category allows for single detached, semi-detached and duplex dwellings. While multiple dwellings are not permitted within the R-3 zone, this property and building is of a size that will accommodate a third unit without compromising the zoning regulations. The site provides the three parking spaces that are required for a 3-unit multiple dwelling and the existing building is in compliance with the R-3 zoning regulations. Staff is satisfied that the addition of a third dwelling unit within the existing building meets the general intent of the Zoning By-law. Minor Staff consider the variance to be minor as no exterior changes to the property are proposed and there is adequate parking on site to accommodate a third dwelling unit in the building. Appropriate Staff consider the requested variance to allow the use of to be added to the R-3 zone for the subject property to be appropriate as there will be no impact to the abutting properties or neighbourhood. The property provides a large outdoor amenity space for use by the tenants of the building and providing an additional dwelling unit in the neighbourhood is beneficial to the community as a whole. Building Comments: The Building Division has no objections to the proposed 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: Engineering Comments: Engineering has no comment. 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 Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find 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/authorities related to this matter. November 01, 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) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 389 Robert Ferrie Drive No Concerns. 2) A 2021-122 256 Belmont Avenue West No Concerns. 3) A 2021-123 449 East Avenue No Concerns. 4) A 2021-124 184 Lakeside Drive No concerns. 5) A 2021-125 741 King Street West No Concerns. 6) A 2021-126 59 Frey Crescent No Concerns. 7) A 2021-127 1084 Union Street No Concerns. 8) A 2021-128 1333 Weber Street East No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 106 Belleview Avenue No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌБЏЌЎБЊ tğŭĻ Њ ƚŅ Ћ 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 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 2 November1, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re:Committee of Adjustment MeetingNovember 16, 2021 ______________________________________________________________________ Applications for Minor Variance A2021-11674Rutherford DriveA 2021-125741 King Street West A2021-11774Rutherford DriveA 2021-12659 Frey Crescent A 2021-121389 Robert Ferrie DriveA 2021-1271084 Union Street A 2021-122256 Belmont Avenue WestA 2021-1281333 Weber Street East A2021-123449East AvenueA 2021-129106 Belleview Avenue Application for Consent B2021-05474Rutherford Drive B 2021-05830 Third Avenue B 2021-059169 Fifth Avenue B 2021-06075 Tillsley Drive B 2021-061111 Schweitzer Street B 2021-06219-21 Wendy Crescent 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@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.