HomeMy WebLinkAboutDSD-2021-234 - A 2021-137 - 29 Hurst Avenue
REPORT TO: Committee of Adjustment
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DATE OF MEETING: December 14, 2021
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 9
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DATE OF REPORT: December 3, 2021
REPORT NO.: DSD-21-234
SUBJECT: Minor Variance Application A2021-137
29 Hurst Avenue
Owner & Applicant Lucas Rowe
RECOMMENDATION:
That application A2021-137 requesting permission for a multiple dwelling to have a minimum
lot area of 474 square metres, whereas a minimum lot area of 495 square metres is required,
a minimum lot width of 13.19 metres whereas 15 metres is required, a rear yard setback of
4.52 metres rather than the required 7.5 metres, and Relief from Section 4 to permit 2 of the
required parking spaces to be in tandem, whereas the By-law 85-1 does not permit parking in
tandem for a multiple dwelling, be approved subject to the following conditions;
1. That Site Plan approval is issued to the satisfaction of the Manager of Development
Review.
2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to
establish the Multiple Dwelling use on the property.
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3. That all conditions shall be completed prior to June 1, 2023. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate), prior to the completion date set out in this decision. Failure to fulfill these
conditions will result in this approval becoming null and void.
REPORT HIGHLIGHTS:
The applicant is requesting relief from Section 39.2.4 of the Zoning By-law to permit a multiple
dwelling to have a lot area of 474 square metres rather than the required 495 square metres, a lot
width of 13.19 metres rather than the required 15 metres, a rear yard setback of 4.52 metres rather
than the required 7.5 metres. Further relief is being sought from Section 4 of the Zoning By-law to
permit 2 of the required parking spaces to be in tandem, whereas the By-law does not permit parking
in tandem for multiple dwellings.
*** 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 Residential a
Community Area Map.
The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1.
The applicant is currently renovating the existing structure to a duplex, and is now proposing to add
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a 3 unit on the property in order to create a multiple dwelling with 3 units. A previous minor variance
granted a rear yard setback of 6.1 metres and a deck setback of 3.0 metres. In revising the building
permit application, the proposed rear yard deck has been altered and is now setback further than
the previously requested 3.0 metres and is 4.5 metres from the rear lot line. A roof addition has been
proposed for over the proposed deck and because a roof is part of the structure of a building a new
rear yard setback of 4.52 is required. There are no further setbacks to the main foundation of the
building and that will remain at the 6.1 metre setback.
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 Low Rise Conservation in the Mill Courtland Woodside Park
Secondary Plan withas
well as allowing slight density increases by permitting conversions to a maximum of three dwelling units.
The proposed variance meets the intent of the Official Plan which encourages a range of different forms
of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that
the requested variances for lot width, lot area, rear lot setback and to permit parking spaces in
tandem meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the lot size and lot width requirements is to ensure there is adequate space for parking
and site functionality for a multiple dwelling use. Due to the shape of the property, the property is
wider at the rear with the front of the property being the narrowest. The parking will be located at the
rear of the property in the area that is the widest and will not be located at the front of the property.
The general intent of the 7.5 metre rear yard setback is to provide adequate amenity space for the
dwelling. As mentioned previously the 4.52 metre setback pertains to a roof overhang that is above
the proposed new deck. The deck space as well as the remaining yard space will provide adequate
amenity space for the proposed new units.
The general intent of not permitting parking spaces to locate in tandem is to ensure that parking spaces
for multiple dwellings can be accessed independently. Staff notes that for a Duplex use in the Zoning
By-law, the parking spaces are permitted to be located in tandem. Essentially, the parking layout for the
proposed 3-unit multiple dwelling is the parking layout for a duplex (tandem), plus a third space that can
be accessed independently without having to move another vehicle.
Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law.
Is the Variance Minor?
The variances can be considered minor, as it is the opinion of staff that given the reduction in lot
area, lot width, rear yard setback and permitting 2 parking spaces in tandem, the lot will continue to
accommodate a rear yard amenity space, and still permit the site to function. The lot size of 474
square metres and lot width of 13.19 metres is a minor reduction from what is permitted, and setback
of 4.52 metres for the rear yard setback and permitting parking spaces in tandem will not present
any significant impacts to adjacent properties and the overall neighbourhood.
Is the Variance Appropriate?
The variance is appropriate for the development and use of the land. The requested variances should
not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and
height of the proposed addition will not negatively impact the existing character of the subject property
or surrounding neighbourhood.
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City Planning staff conducted a site inspection of the property on November 26, 2021.
Photo of Subject Property (Front and Side view)
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:
While the current zoning by-law (85-1) does not permit tandem parking for this use, the future zoning
by-law will permit tandem parking, therefore, Transportation Services does not have any concerns
with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
Environmental Comments:
No natural heritage or Tree Mangement Policy (TMP) issues, assuming no new development
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:
A2021-008 Minor variances for setbacks.
The applicant has provided a revised Concept Layout for the triplex with this application for
reference. See concept image below.
Concept Layout 29 Hurst Avenue
November 30, 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 (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST
1863342
ONTARIO INCORPORATED
(10) /55, 945 VICTORIA STREET NORTH PURELAND
INVESTMENTS INCORPORATED
(12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T
08204 ACTIVA HOLDINGS OTTAWA TRUSSLER
HWY 7 AND 8
(13)/06 BENTON, 120 BENTON STREET ARROW LOFTS
INC
(14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE
OF FRIENDSHIP
(16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC
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 2021-120 12 Hilda Place No Concerns.
2) A 2021-130 878 Frederick Street No concerns.
3) A 2021-131 95 Maitland Street No Concerns.
4) A 2021-132 26 Monteagle Crescent No Concerns.
5) A 2021-133 12 East Landsowne No Concerns.
6) A 2021-134 715 Frederick Street No Concerns.
7) A 2021-135 1572 Highland Road West No Concerns.
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8) A 2021-136 888 Trillium Drive No Concerns.
9) A 2021-137 29 Hurst Avenue No Concerns.
10) A 2021-138 945 Victoria Street North No Concerns.
11) A 2021-139 938 Strasburg Road No Concerns.
12) A 2021-140 630 Benninger Road No Concerns.
13) A 2021-141 120 Benton Street No Concerns.
14) A 2021-142 47-63 Charles Street East No Concerns.
15) A 2021-143 75 Charles Street East No Concerns.
16) A 2021-144 86 Whitney Place (Retained) No Concerns.
17) A 2021-145 86 Whitney Place (Severed) 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
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:
Sarah Goldrup
CofA@Kitchener.ca
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PLAN REVIEW REPORT: Committee of Adjustment
City of Kitchener
DATE: FILE:
December 2, 2021 Minor Variance A2021-137 29 Hurst Avenue
RE: Minor Variance Application A2021-137
29 Hurst Avenue
Lucas Rowe
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no concerns with the application.
Future planning should consider the broad flooding hazard present in the area.
BACKGROUND:
1. Resource Issues:
Information currently available at our office indicates that the subject lands are
adjacent to Schneider Creek and its associated floodplain.
2. Legislative/Policy Requirements and Implications:
While the proposed development is not regulated under Ontario Regulation 150/06
(Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses Regulation), the GRCA does take interest as Hurst Avenue is affected
by the flooding hazard, it provides the primary access to and from the property, and
the application is proposing to add dwelling units.
The GRCA wishes to ensure new residential development occurs where properties
have safe access in the event of a regulatory flood. Safe access provisions ensure
that flood depths and/or velocities do not prohibit safe evacuation or access by
emergency response during a regulatory storm.
Our review of the floodplain has determined that flood depths are approximately 0.6
metres, and safe access out of the floodplain would be possible via Hurst Avenue
and Kent Avenue. As such, the GRCA has no concerns with this application.
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3.Advisory Comments to the City:
This application is within the Planning AroundRapid Transit Stations(PARTS)
Rockway Plan area. Additional floodplain analysiswas completed in support of the
plan.
treated as part of the floodway, and may become fringe inthe future.
Shoemaker Creek regulatory floodplains. The intersection of StirlingAvenue South
and Courtland Avenue East is affected by the Schneider Creek floodway, and may
not be safe during a regulatory storm. Safe emergency access to the area would be
available via Ottawa Street South and Courtland Avenue East.
Barring other floodplain improvements outlined in the PARTS Rockway Plan
hydraulic analysis, the City should be aware of these safeaccess issues, especially
if additional dwelling units are proposed in this areagoing forward.
4.Review Fees:
We received the required Plan Review fee for our review of Minor Variance
Application A2021-008, and no additional fees are required.No GRCA permit is
required.
We trust this information is of assistance. If you have any questions or require additional
information, please contact me at 519-621-2763 ext. 2292 or theywood@grandriver.ca.
Sincerely,
____________________________
Trevor Heywood
Resource Planner
Grand River Conservation Authority
*Thesecomments are respectfully submitted as advice and reflect resource concerns within the
scope and mandate of the Grand River Conservation Authority
Attachments
c.c.Thomas Rowe
Lucas Rowe
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