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Home My WebLink AboutDSD-2021-222 - A 2021-127 - 1084 Union Street REPORT TO: Committee of Adjustment th DATE OF MEETING: November 16, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 10 th DATE OF REPORT: October 5, 2021 REPORT NO.: DSD-2021- 222 SUBJECT: Minor Variance Application A2021-127 1084 Union St Owner Helene Mary McGraw & Jaret Michael Glowach RECOMMENDATION: That minor variance application A2021-127 requesting relief from Section 6.1.1.1 b) iii) of the Zoning By-law 85-1 to allow a second driveway with a property of 29.71 metres rather than the required 30 metres, be approved subject to the following condition: 1) That the Owner applies for a curb cut permit from the Planning Division. 2) That the Owner enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the lands, which shall include the following: a. That the owner shall prepare a Street Tree Planting Plan that shows the new street tree in accordance with the City of Kitchener Development Manual changes to the said plan shall be granted except with the prior approval of the or Parks & Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 1084 Union St BACKGROUND: Community Areas in the Urban Structure Map. The property is zoned Residential Five (R-5) in the By-law 85-1. The applicant has an existing driveway on the left (West) side of the property and is proposing to legalize an additional driveway recently installed on the right (East) side, including curb cuts to the boulevard, prior to seeking approval from the City. The driveway is located immediately adjacent to an existing Norway Maple tree within the boulevard as shown in the last photograph. Given the proximity of the driveway to the tree and potential impacts to the roots as a result, staff is requesting compensation in the form of condition 2, especially in light of the fact it was apparently installed, and curb cuts made without City approval. REPORT: Planning Comments: In considering the four tests for the 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 places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that allows a second driveway on a property with minimum 30 metres in width is to ensure proper drainage, aesthetics, and appropriate community standards. At this property, the lot width is 29.71 metres from the required 30 metres can be considered minor. The second driveway can be implemented without affecting surrounding properties and staff has no concerns with the requested variances as it meets the general intent of the Zoning By-law. Is the Variance Minor? The requested second driveway is considered minor. The requested property lot width is only 0.294 metres less than the permitted minimum 30 metres. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The second driveway will not negatively impact the character of the subject property or surrounding neighbourhood. th City Planning staff conducted a site inspection of the property on November 8, 2021 and note a second driveway has been installed. Street view of 1084 Union St Primary driveway at 1084 Union St Proposed existing driveway at 1084 Union St Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Although this proposal would likely result in the loss of one (1) on-street parking space, there is plenty of available on-street parking in the immediate area of the proposal. Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Engineering Comments: No concerns. Operations Comments: Parks and Cemetery has the following conditions: a. That the owner shall prepare a Street Tree Planting Plan that shows the new street tree in accordance with the City of Kitchener Development Manual Standards, to the ks & Cemeteries. No changes to the said plan Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the eteries. Environmental Planning Comments: Staff has concern the boulevard tree may be impacted due to proximity of the new driveway 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 f 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 he 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/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.