HomeMy WebLinkAboutDSD-2021-248 - A 2021-134 - 715 Frederick StreetStaff Report
Dbvelo n7ent Services Department
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 14, 2021
www. kitchener ca
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: December 7, 2021
REPORT NO.: DSD -2021-248
SUBJECT: Minor Variance Application A2021-134
715 Frederick Street
Owner —Josef Krivan
RECOMMENDATION:
That Minor Variance Application A2021-134 for 715 Frederick Street, requesting relief from
Section 39.2.4 of By-law 85-1 to allow a minimum lot width of 13.8 metres for a proposed
three -unit multiple dwelling, whereas 15.0 metres is required, be approved, subject to the
following conditions:
1. That the owner shall apply for and obtain a Zoning Occupancy Certificate from the
City's Planning Division.
2. That the owner shall apply for a Stamp Plan B Site Plan Application and obtain
approval thereof, for the conversion of the use to a three -unit multiple dwelling, from
the City's Director of Planning.
3. That the owner shall apply for a Building Permit for change of use of the building to a
three -unit multiple dwelling.
4. That the owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of new service connections to the property.
5. That the owner shall prepare a servicing plan showing outlets to the municipal
servicing system, to the satisfaction of Engineering Services.
6. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD
format) for the site with corresponding layer names and asset information, to the
satisfaction of the City's Engineering Services.
7. That conditions 1 through 6, above, shall be completed by December 14, 2022 or else
the variance shall be considered void, or otherwise obtain an extension in writing from
the City's Director of Planning.
REPORT HIGHLIGHTS:
The applicant is requesting approval of the subject Minor Variance Application to legalize the existing
lot width of 13.8 metres, whereas 15.0 metres is required, to facilitate the establishment of a three -
unit multiple dwelling within an existing building.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is located on the south side of Frederick Street, west of River Road East, in the
Rosemount Planning Community. The subject property contains a 2.5 storey duplex dwelling
constructed in approximately 1957. The neighbourhood is composed of a wide range of low and
medium density residential land uses, including single detached dwellings, semi-detached dwellings,
duplexes, street townhouses, and multiple dwellings.
The subject property is designated Low Rise Residential on Map 3 (Land Use) of the Official Plan.
In addition, the property is identified as being within a Community Area on Map 2 (Urban Structure)
of the Official Plan. Furthermore, Frederick Street is designated as a Planned Transit Corridor on
Map 2.
City Planning staff visited the property on December 5, 2021
l
Location Map (subject property is outlined in white)
REPORT:
Planning Comments:
The property is currently used as a duplex dwelling. The owner is proposing to convert unused
space in the basement of the existing building into a third dwelling unit, rendering the use a multiple
dwelling. The minimum lot width for a duplex dwelling is 9.0 metres, however, the minimum lot width
for a multiple dwelling is 15.0 metres. To facilitate the establishment of a three -unit multiple dwelling,
the owner is requesting relief from Section 39.2.4 of By-law 85-1 to permit a lot width of 13.8 metres,
whereas 15.0 metres is required.
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 and Purpose of Official Plan Test
Many Official Plan policies apply to the subject variance request, including, for example:
3.C.2.52. Limited intensification may be permitted within Community Areas in accordance with
the applicable land use designation on Map 3 and the Urban Design Policies in Section 11. The
proposed development must be sensitive to and compatible with the character, form and planned
function of the surrounding context.
15.D.3.8. The Low Rise Residential land use designation will accommodate a full range of low
density housing types which may include single detached dwellings, additional dwelling units,
attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse
dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other
forms of low-rise housing.
4.C.1.10. Where appropriate, and without limiting opportunities for intensification, the City will
encourage and support the ongoing maintenance and stability of existing housing stock in the
city by: a) supporting the reuse and adaption of the housing stock through renovation, conversion
and rehabilitation...
The requested variance would facilitate the establishment of a three -unit multiple dwelling, which
represents sensitive intensification of the subject property. The existing building is not proposed to
change to accommodate this intensification and the existing building design is typical for this
neighbourhood, fully compatible with the character, form and planned function of the surrounding
context. Planning staff is of the opinion that the variance meets the general intent and purpose of
the Official Plan.
General Intent and Purpose of Zoning By-law Test
The general intent of the minimum lot width regulation is to ensure that the property can
accommodate an adequately sized dwelling and to ensure all necessary facilities to support the
proposed use can be provided, such as an appropriately sized driveway and landscaped / amenity
area. It also helps to ensure that rear yard parking can be accommodated. The minimum lot width
helps to ensure that the dwelling contributes positively to the streetscape.
In this case, it should be noted that while the lot width is slightly deficient, the lot area exceeds the
minimum requirement by 71 square metres. The lot is fairly deep at 41.1 metres. This depth allows
the 3 required parking spaces and a landscaped / amenity area of approximately 170 square metres
to be located in the rear yard. Also, the building has existed in its present form for nearly 65 years.
Planning staff is satisfied that facilities can be provided to support the conversion of a property to a
three -unit multiple dwelling.
Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning
By-law.
"Minor" Test
Planning staff is of the opinion that the requested variance is minor since it will not create
unacceptably adverse impacts on adjacent uses or lands. All on-site facilities can be provided and
there are no plans to change the existing building to facilitate the conversion of the building to a
multiple dwelling.
Desirability for Appropriate Development of the Land Test
The requested variance would facilitate the intensification of the property by one unit, without any
changes to the existing building. All on-site facilities are provided to support the conversion. The
proposal would also support the maintenance and stability of the existing housing stock by
supporting the reuse and adaptation of an existing duplex dwelling to a multiple dwelling.
For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified.
Heritage Comments:
There are no heritage planning concerns.
Environmental Planning Comments:
There are no natural heritage concerns as no new development is proposed.
Building Division 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,
Engineering Services Comments:
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service this
property. Our records indicate the existing water service may be under -sized to
accommodate additional units. Any further enquiries in this regard should be directed to
Eric Riek (eric.riek(a)kitchener.ca).
A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division.
A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure
with corresponding layer names and asset information to the satisfaction of the Engineering
Division.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed 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 — This report has been posted to the City's website with the agenda in advance of 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
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Section 45, Planning Act
Attachments:
Attachment A — Drawing submitted with application form
Appendix A — Drawing Submitted with Application Form
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Region of Waterloo
November 30, 2021
Kristen Hilborn
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(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.
Document Number: 3887462
Page 1 of 2
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(aMtchener.ca
KA
December 2, 2021
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Via email only
Re: Committee of Adjustment Meeting — December 14, 2021
Applications for Minor Variance
A 2021-116
74 Rutherford Drive
74 Rutherford Drive
A 2021-117
11 East Avenue
74 Rutherford Drive
A 2021-130
500 Karn Street
878 Frederick Street
A 2021-131
156 Strange Street
95 Maitland Street
A 2021-132
120 Benton Street
26 Monteagle Crescent
A 2021-133
47-75 Charles Street East & 40-42,
12 East Lansdowne
A 2021-134
86 Whitney Place
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,
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,
B 2021-069
86 Whitney Place
50 Eby Street
50 Eby Street
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 aherremana-grand river. ca.
`These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
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 2 of 2
the Grand River Conservation Authority.
To: City of Kitchener, Planning Division
200 King St. W.
Kitchener, ON N2G 4G7
Josef Krivan
To whom it may concern.
Dear Madam, Sir.
I am the owner of duplex on 715 Frederick St. in Kitchener.
There is an unused space in the basement that could be converted to a decent
size one bedroom apartment. Due to the recent housing crises I have decided
September 8th, 2021
to create low budget accommodation. I don't have to construct the entire structure,
just use existing one. The interior renovation will never cost as much. It will allow
me to rent the unit in lower range price.
Thank you in advance for positive approach to my request.
Josef Krivan