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Home My WebLink AboutDSD-2022-042 - A 2022-005 - 86 Chestnut Street Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 18, 2022 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 DATE OF REPORT: January 4, 2022 REPORT NO.: DSD-2022-042 SUBJECT: Minor Variance Application A2022-005 86 Chestnut St Owner Thomas Mirmotahari and Afshin Mirmotahari RECOMMENDATION: That minor variance application A2022-005 requesting relief from Section 5.22 to convert an existing garage in the rear yard of an existing single detached dwelling into an Accessory Dwelling Unit on a lot having a width of 12.19 metres rather than the required 13.1 metres; and, to legalize a northly side yard setback of 1.03 metres rather than the required 1.2 metres. 1) That the Owner applies for a Site Plan Application with Planning Division; and 2) That the Owner applies for a Building Permit with the Building Division *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 86 Chestnut St. BACKGROUND: Plan and identified as Community Areas in the Urban Structure Map. The property is zoned Residential Five with provision 129U (R-5, 129U) in the By-law 85-1. The applicant is converting the existing detached garage into an Additional Dwelling Unit on a single detached dwelling. 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 The subject property is designated Low Conservation A Central Frederick Neighbourhood Plan. This designation 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 City will identify and encourage residential intensification and/or redevelopment, including adaptive re-use and infill opportunities, including additional dwelling units, attached and detached, in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and servicing costs by minimizing land consumption and making better use of existing community infrastructure. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The requested variances to convert the existing garage into an Additional Dwelling Unit on a lot width of 12.19 metres and side yard of 1.02 metres meets the general intent of the Zoning By-law. The intent of the regulations is to ensure sufficient amenity space, fire emergency access, and parking. The subject property has a lot area of 464 square metres which is 69 square metres greater than the minimum required 395 square metres. The additional area can provide sufficient amenity space. The reduced side yard setback will not impact the emergency fire access. The 1.1 metre walkway can be provided along the South (right) side of the property to allow fire emergency access. The existing detached garage is 20.37 metres setback from the front property line. The conversion of the detached garage to a living space will not impact the first required parking space and the driveway will have sufficient parking on the property for both parking spaces in tandem. at it meets the general intent of the Zoning By-law. Is the Variance Minor? The requested Additional Dwelling Unit on a lot width of 12.19 metres is considered minor as the structure is already existing and will not be increasing floor area through renovations. The minimum lot width is 13.1 metres, and the requested difference is only 0.91 metres plus the lot area exceeds the minimum requirement. The reduced side yard setback of the main dwelling of 1.03 metres is considered minor as the house is already existing and will not conduct any renovations or impact fire emergency access. Staff is of the opinion the variance will not present any significant impacts to adjacent properties or the overall neighbourhood. 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 requested variance is not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. th City Planning staff conducted a site inspection of the property on January 4, 2022 Street view of 86 Chestnut St Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use of the detached garage into an ADU is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services can support parking spaces #1, #2, and #3 on the proposed plan, but cannot support parking spaces #4 and #5 as they encroach within the City right-of-way. Given that the proposal only requires two (2) legal parking spaces, there are no concerns. Heritage Comments: Heritage Planning staff has no concerns with the minor variance application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 86 Chestnut Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments: Engineering has no comment. Operations Comments: No comments. Environmental Planning Comments: No natural heritage. 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 sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find 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. January 05, 2022 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT 21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE ONTARIO INCORPORATED (2) /08 WEBER KIT, 82 WEBER STREET WEST INTER BUILDING INVESTMENTS LIMITED (7)/69, 110 MANITOU DRIVE SCOTT PATTERSON Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 001 85 Green Valley Drive No Concerns. 2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place No concerns. 3) A 2022 - 003 53 Margaret Avenue No Concerns. 4) A 2022 - 004 470 Blair Creek Drive No Concerns. 5) A 2022 - 005 86 Chestnut Street No Concerns. 6) A 2022 - 006 49 Lower Mercer Street No Concerns. 7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance. The owners are made aware that a dedicated road widening of approximately 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ tğŭĻ Њ ƚŅ Ћ 2.13m will be required along entire property frontage along Manitou Drive for any future development application e.g. a Site Plan/Consent application stage. 8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance. 9) A 2022 - 009 764 Stirling Avenue South No Concerns. 10) A 2022 - 010 129 Max Becker Drive No Concerns. 11) A 2022 - 011 43 Maurice Street 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 January 6, 2022 Sarah Goldrup Via email Committee Administrator City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting – January 18, 2022 ______________________________________________________________________ Applications for Minor Variance A 2022-001 85 Green Valley Drive A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place A 2022-003 53 Margaret Avenue A 2022-004 470 Blair Creek Drive A 2022-005 86 Chestnut Street A 2022-006 49 Lower Mercer Street A 2022-008 210 Waterloo Street A 2022-010 129 Max Becker Drive A 2022-011 43 Maurice Street Applications for Consent B 2022-001 26 Edgewood Drive B 2022-002 670 Fairway Road South B 2022-003 74 Rutherford Drive B 2022-004 to 006 32 Burgetz Avenue 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 jconroy@grandriver.ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. 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 1 of 1 the Grand River Conservation Authority.