Loading...
HomeMy WebLinkAboutDSD-2021-245 - A 2021-133 - 12 East Lansdowne REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD-21-245 SUBJECT: Minor Variance Application A2021-133 12 East Lansdowne Owner Val Rapoport Applicant Amr Serrag Eldin C/O Archicreation Design Studio RECOMMENDATION: That application A2021-133 for 12 East Lansdowne, requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 to allow for a required parking space to be located 1.0 meters from the street line whereas 6.0 metres is required, be approved subject to the following conditions: 1. That the owner applies for a building permit prior to construction, to the satisfaction 2. That the condition be completed by December 14, 2022. 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 complete the condition will result in this approval becoming null and void. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to facilitate the conversion of an existing single-detached residential dwelling into a duplex. Relief is required to permit the first required parking space for the property to be 1.0 metres from the street line whereas 6.0 metres is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map BACKGROUND: The subject property is located on the northern side of East Lansdowne, in the Mill Courtland Woodside Park Planning Community. Immediately adjacent to the east and west of the property are single-detached residential dwellings, while the rear of the subject land backs onto a lot containing a six-storey multiple dwelling. The surrounding area is characterized by residential uses of different forms and densities, as well as a range of other uses including mixed uses to the west and open space uses in the form of Highland Courts Park to the north. At present the subject property is developed with a single-detached residential dwelling and some landscaping. The grading of the lot slopes upwards to the north. The property is designated as Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan and identified as a Community Area on Map. The property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1; the lot is not currently subject to Zoning By-law 2019-051. The applicant is proposing to convert the existing single-detached residential dwelling into a duplex. To facilitate this conversion, relief is being requested to permit the parking spaces to have a setback of 1.0 metres from the street line whereas 6.0 metres is required. This will legalize an existing condition. City Planning staff conducted a site inspection of the property on November 18, 2021. 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 In the Mill Courtland Woodside Park Secondary Plan, the intent of the Low Rise Conservation designation is to retain the existing low rise, low density housing stock, allowing for only slight increases in density through conversion or redevelopment to a maximum of three dwelling units. As such, duplexes are a permitted housing form within this designation and the conversion of a single-detached dwelling into a duplex, facilitated by the requested minor variance, is appropriate. The applicable parts of the City Official Plan put emphasis on the provision of a range, variety, and mix of housing type that are compatible with and respect the massing, scale, design, and physical character of adjacent properties and the surrounding neighbourhood. Details concerning any potential external changes to the site which may be required to facilitate the conversion can be addressed through the site plan process, with any impacts being mitigated. The requested variance would allow for some external physical changes to the existing grading and landscaping of the lot to be avoided. As such, it is the opinion of staff that the requested variances are appropriate and meet the general intent of the Secondary Plan. General Intent of the Zoning By-law The general intent and purpose of the 6.0 metre required setback from a street line is to allow for a vehicle to be safely parking on a driveway without affecting the City right-of-way or surrounding properties. With the proposed reduction in setback, the first required parking space would still be distance from the subject properties driveway that visibility is not obstructed. The current driveway is double wide and could comfortably fit the two required parking spaces side by side. Further, short term parking is available on the street. No negative impacts to neighbouring properties are anticipated due to the requested variance. Therefore, staff is of the opinion that the intent of the Zoning By-law continues to be maintained. Is the Variance Minor? The requested variance is minor in nature, as it is not expected to create unacceptably adverse impacts on the subject property itself or on adjacent lands. The proposed reduction in setback from the street line for the first required parking space will still allow vehicles safe ingress and egress without impacting the City right-of-way or the surrounding properties and neighbourhoods. Further, there will be minimal visual impact from the proposed variance as it is legalizing and existing condition. Is the Variance Appropriate? The requested variance will facilitate the establishment of a duplex, which is a permitted and appropriate use for the subject property and surrounding area. There are no anticipated negative impacts to the adjacent properties or the neighbourhood. The safe operation of vehicles to and from the site continues to be supported and the physical characteristics of the subject property and existing streetscape will be maintained. Building Comments: The Building Division has no objections to the proposed variance provided a building permit is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services can support a 1.0 metre parking setback from the required 6.0 metre parking setback, as noted within the application. Heritage Comments: There are no heritage planning concerns associated with this application. Engineering Comments: Engineering has no comments or concerns with this application. Environmental Planning Comments: There are no natural heritage concerns. Region of Waterloo Comments: The Region of Waterloo has no concerns. 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 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌББАЍЏЋ tğŭĻ Њ ƚŅ Ћ 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 2 December 2, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting December 14, 2021 ______________________________________________________________________ Applications for Minor Variance A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive A 2021-130 878 Frederick Street A 2021-131 95 Maitland Street A 2021-132 26 Monteagle Crescent A 2021-133 12 East Lansdowne A 2021-134 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, 50 Eby Street A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, 50 Eby Street B 2021-069 86 Whitney Place 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. *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 2 the Grand River Conservation Authority. 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 2of 2 the Grand River Conservation Authority.