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HomeMy WebLinkAboutDSD-2021-249 - B 2021-063 - 11 East Avenue 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 10 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD-21-249 SUBJECT: Consent Application B2021-063 11 East Avenue Owner 2839636 Ontario Inc. Applicant Mackenzie Streutker C/O Van Harten Surveying Inc. RECOMMENDATION: That application B2021-063 proposing to sever a 28 square metre strip of land 0.762 metres in width and 36.35 metres in depth from 11 East Avenue for the purpose of conveying it as a lot addition to the property municipally addressed as 15 East Avenue be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the 2. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to 3. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 5. That a qualified designer be retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. property line shall addresses spatial satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 6. Should any remedial work or upgrades be identified as required by the assessment, the owner will apply for a build permit prior to construction, to the satisfaction of the 7. That the owner applies for a building permit prior to the demolition of the existing REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a consent application proposing a lot addition. Application B2021-063 is requesting to sever a portion of land with a width of 0.762 metres, a depth of 36.35 metres, and an overall area of 28 metres from 11 East Avenue, to be conveyed to 15 East Avenue which is the adjacent property to the south-east. Figure 1: Location Map of 11 East Avenue Figure 2: Sketch of Proposed Severance and Lot Addition BACKGROUND: The subject property is located on the west side of East Avenue, near the East Avenue and Frederick Street intersection. It is within the Central Frederick Planning Community. The adjacent properties to the west and south contain single-detached residential dwellings, while the adjacent property to the north contains a low rise multiple dwelling. The surrounding neighbourhood is predominately characterized by low density residential uses, with some commercial uses and mixed land uses. Lot sizes vary in width, depth, and area. At present the subject property is developed with a single detached residential dwelling, detached garage, and detached accessory structure. Building permit application 2021 133995 to add a second storey and rear yard addition and convert the single- detached dwelling to a duplex has been received and is currently under review. The demolition of the existing detached garage is proposed as part of these renovations. This consent application for a proposed lot addition is not to facilitate the conversion from single to duplex and is not related to the building application. The property is designated as Low Rise Conservation A in the Central Frederick Neighbourhood Secondary Plan and a Community Area rban Structure Map. The subject property is zoned Residential Five Zone under Zoning By-law 85-1; at present the lot is not subject to Zoning By-law 2019-051. There is a special regulation 129U which does not permit multiple dwellings on affected lands. City Planning staff conducted a site inspection of the property on November 18, 2021. Figure 3: Existing Side Yards of 11 East Avenue (Right) and 15 East Avenue (Left) REPORT: Planning Comments: Consent The applicant is requesting permission to sever and convey a rectangular portion of land from the subject lot in a lot addition. The parcel of land to be severed and conveyed has a width of 0.762 metres, a depth of 36.35 metres, and an overall area of 28 metres squared. The intent of the proposed lot addition is to widen the side yard of 15 East Avenue to provide easier access to the rear yard and to provide adequate space for the owner to maintain their property and dwelling. At present the side yard setbacks of 15 East Avenue make it challenging to transport equipment for maintenance, such as wheelbarrows or lawn mowers, from the front yard to the rear (Figure 4). Figure 4: Existing Side Yards of 15 East Avenue Zoning By-law The subject property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. The R-5 zone permits a range of housing densities and forms, including single detached dwellings. The R-5 zone requires a minimum lot area of 235 square metres and a minimum lot width of 9 metres for single- detached dwellings. The resulting lot areas and widths of the two affected lots exceed these minimum requirements. The subject land is within a Residential Intensification in Establish Neighbourhood Study Area. The exi-law 85-1) front yard setback requirements. The building footprints are not proposed to change as part of this application. lies to established residential neighbourhoods which ensures new infill development front yard setbacks are compatible with adjacent residential building front yard setbacks. The required parking spot can also be accommodated in the lots 2.7 m side yard. Official Plan The subject lands are designated Low Rise Conservation A in the Central Frederick Neighbourhood Secondary Plan. The intent of this designation is to preserve the scale, use, and intensity of existing development. Permitted uses are restricted to low density forms of residential housing, including single-detached dwellings, semi-detached dwellings, and duplexes. The proposed severance and lot addition is in accordance with this aspect of the plan and maintains the existing low-rise residential land use. Section 17.E.20 of the City Official Plan implements Section 51 of the Planning Act and contains policies Consents may be permitted for the creation of a new lot, boundary adjustments, rights of-way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created. to be severed (11 East Avenue) and the lot the lands are proposed to be conveyed too (15 East Avenue) meet the minimum required lot area for the applicable zone and are therefore not undersized. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit-supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. This application will not facilitate any form of intensification as no new lots are being created. No new infrastructure is required to support this lot addition. There are no anticipated impacts to the present development characteristics of the surrounding area and as such the existing levels of sustainability, livability, and safety of the community will continue. With consideration to the above, Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan) The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. Related to delineated built-up areas, policy 2.2.2.3 d) of the Growth Plan states that municipalities will ensure lands are zoned and development is designed in being defined as places which offer and support opportunities for people of all ages and abilities to conveniently access most of the necessities for daily living, including housing. The subject lands are located within -up area. The proposed severance and lot addition will help improve the usability of existing lots without impacting the existing surrounding community as it will enable easier maintenance to an existing home. Efficient land use patterns and use of infrastructure continue to be maintained. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP) The subject property is within the Urban Area in the ROP. Policies within this designation encourage the creation of complete communities and development which respects the scale, physical character, and context of established neighbourhoods. Planning staff are of the opinion that the consent application complies with the ROP, as the proposed lot addition maintains the existing residential use of the subject land and will not significantly change the design of the existing streetscape and surrounding neighbourhood. Conclusion With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, Plan and Zoning By-law and will allow for a lot addition. The resulting dimensions and shapes of the lots would be appropriate and suitable for the continued residential use of the lands and would continue to reflect the general scale and character of the established development pattern of the surrounding lands. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. A separate building permit will be required for the removal of the detached garage on the severed property. A separate building permit will be required for the construction of the additions and duplexing. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns related to this application. Engineering Comments: Engineering has no comments or concerns with this application. Environmental Planning Comments: There are no natural heritage or tree management policy concerns associated with this application. Region of Waterloo Comments: The Region of Waterloo has no concerns. Parks & Cemeteries Comments: Parks & Cemeteries has no concerns or requirements associated with this application. 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: Building Permit application 2021 133995 is currently under review. Peter Ellis 519-503-2536 D20-20/21 KIT December 3, 2021 Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-063, B2021-064, B2021- 065, B2021-066, and B2021-069 Committee of Adjustment Hearing December 14, 2021 CITY OF KITCHENER B2021-063 11 East Avenue 2839636 Ontario Inc. / Mackenzie Streutker (Van Harten Surveying Inc.) The owner/applicant is proposing a lot addition. The Region has no objection to the proposed application. _____________________ B2021-064 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Document Number: 3882317 Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise (Advisory Comments): Regional staff note that Westmount Road (Regional Road #50) is located approximately 77 metres away from the subject lands. While it is possible that the subject lands may on occasion have traffic related noise impacts, Regional staff note the substantial intervening land uses that will likely mitigate any potential noise impacts on the retained and proposed severed lots. As a result, a transportation noise impact study or noise warning clauses will not be required for this application. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. ___________________ B2021-065 156 Strange Street Richard and Erin Griesbaum / Boban Jokanovic (Agent) The owner/applicant is proposing to sever the current property into two lots. Two semi- detached dwellings are under construction and the purpose would be to sever the lot into two parcels where each parcel would contain one semi-detached dwelling. This application is a resubmission of consent application B2020-032. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Document Number: 3882317 a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, Conservation & Parks (MECP). ii. Purchasers/tena Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, iii. Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. Document Number: 3882317 b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). ii. s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment, iii. dian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- ________________ B2021-066 112 and 120 Benton Street Arrow Lofts Inc. c/o Auburn Developments Inc. / Chris Pidgeon (GSP Group) The owner/applicant is proposing easements for pedestrian and vehicular access in favour of 110 Benton Street. The Region has no objection to the proposed application. _______________ Document Number: 3882317 B2021-069 86 Whitney Place Vlad Knezevic The owner/applicant is proposing to sever the lot into two separate lots for low rise residential development. The existing dwelling is to be demolished and a duplex is proposed to be built on each new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Regional Staff note that the subject lands are approximately 167 metres from the CN Railway mainline and approximately 157 metres from Courtland Avenue East (Regional Road #53) and may be impacted by transportation noise in the vicinity. Regional staff agree that existing intervening land uses will likely partially mitigate the proposed dwellings from environmental noise. As a result, in lieu of requiring a transportation noise study (for railway and road traffic noise), Regional staff agree that the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: Noise Warning Clause Aʹ haser/tenants are advised that sound levels due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. Document Number: 3882317 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) Noise Warning Clause Aʹ due to increasing transportation (road and rail) noise in the vicinity may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP). General Comments Any future development on the lands subject to the above-noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Peter Ellis, MES Principal Planner Document Number: 3882317 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.