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Home My WebLink AboutDSD-2022-046 - A 2022-003 - 53 Margaret Avenue 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: Rice Menezes, Sheryl, Planning Technician (Zoning) 519-741-2200 ext. 7844 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: January 10, 2022 REPORT NO.: DSD-2022-046 SUBJECT: Minor Variance Application A2022-003 54 Margaret Avenue Owner 2515407 Ontario Ltd Agent David Galbraith / IBI Group RECOMMENDATION: That application A2022-003 to legalize an existing 3-unit multiple dwelling: 1) on a lot having an area of 432 sq.m. rather than the rather than the required 495 sq.m.; 2) a setback from Maynard Street of 2.75 m rather than required 4.5 m; 3) a rear yard setback of 3.5 m rather than the required 7.5 m; 4) having 3 off-street parking spaces located between the building façade and the side lot line abutting Maynard Street whereas the By-law does not permit parking between façade and side lot line abutting a street; 5) the required off-street parking to be located 0 m from the side lot line abutting Margaret Avenue rather than the required 3 m; and, 6) the 3 off-street parking spaces to have a depth of 4.3 m rather than required 5.5 m, be approved, subject to the following conditions: 1) That a Zoning Occupancy Certificate is submitted to the Planning division; 2) That a Stamp Plan B Site Plan is approved by the Planning division; 3) That the owner shall prepare a Tree Preservation Plan for the lands in accordance with ; 4) That the proposed decks and doors facing the interior side lot line near the rear of the dwelling (on original application drawing) be removed and that only stairs/steps with minimum landing size be constructed at the rear of the building and shall meet the minimum setback regulation of 0.75 m. Updated plans to be reviewed and approved by Planning and Heritage staff; and, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5) That the conditions noted above be completed by September 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. Location Map BACKGROUND: The property is designated as Low Rise Residential Preservation Civic Centre Neighbourhood Secondary Plan and identified as Major Transit Station Area Structure Map. The property is zoned as R-5, 127U (Residential Five) in Zoning By-law 85-1. The subject building has been used as a 3- all Zoning By-law regulations. The new owner wishes to legalize the use. 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: Photo #1 - view from corner of Margaret and Maynard Avenues General Intent of the Official Plan The intent of the designation is to preserve existing houses and streetscapes wherever possible. The designation permits a maximum of three units. The property is able to provide the minimum of three parking spaces provided variances as noted in the report are approved. In order to comply with the Ontario Building Code, proposed exterior stairs are required and are located away from the façade which meets the intent. The lot area and setback variances are to acknowledge an existing building and a small addition on the third floor at the rear of the building for a 3.5 m by 3.5 m vestibule from the proposed stairs. It is noted that Heritage Planning staff have no concerns and the application has been reviewed for a Heritage permit but has not yet been issued. The District Plan notes that new entrances shall be located to the side and rear of the dwelling. Staff are of the opinion that the intent of the Official Plan is met. General Intent of the Zoning By-law The intent of the regulations for setback is to ensure that the existing building and streetscape is maintained. The lot area and existing building setbacks acknowledge what currently exists. There is rd also a 3.5 m x 3.5 m vestibule addition proposed on 3 floor in the north-west corner of the lot. This is for access to the top floor unit from the proposed stairs. It is the exact footprint of what exists on the second floor and there are no Heritage Planning concerns. The intent of the regulations for the parking spaces is to ensure that parking does not dominate the streetscape. The parking area for three cars (shown in photo #2) has existed for many years without complaints received. Transportation Planning has no concerns. Staff are of the opinion that the intent of the by-law is being met. Photo # 2 - view from Maynard Ave of driveway Is the Variance Minor? As the variances for the existing building, small rear yard addition and parking maintain the intent of preserving the streetscape and are to legalize a use that has existed for some time without complaint, staff are of the opinion that the application is minor. Is the Variance Appropriate? As noted above, the variances may be considered minor and have been reviewed by Heritage Planning. However, in order to confirm the parking spaces and to ensure that the parking area meets the intent of Heritage Planning condition for low hedges to be planted (or fencing installed) to screen parking, Site Plan approval will be required to the satisfaction of Planning and Heritage Planning staff. Photo #3 - view from Margaret Ave of interior side yard 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: Given the existing nature of the parking area, Transportation Services does not have any concerns with the proposed application. Heritage Comments: The subject property is located within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD) and designated under Part V of the Ontario Heritage Act. The CCNHCD Plan contains policies and guidelines for building conversions and alterations within the district. A Heritage Permit Application has been submitted and reviewed for the construction of a small third storey addition and exterior staircase. The proposed minor variances are in keeping with the works proposed through the Heritage Permit Application process. In keeping with the guidelines contained in sections 6.8.1 and 7.4.4 of the CCNHCD Plan for building conversions and streetscape design within the private realm, low hedges or fencing should be incorporated to screen the parking along Maynard Avenue. Heritage Planning staff requests the following condition: That prior to the issuance of a Building Permit, low hedges are planted or fencing installed to screen parking, to the satisfaction of Heritage Planning staff. Engineering Comments: No comments. Environmental Planning Comments: That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the of Planning and where necessary, implemented prior to any demolition, tree removal, grading or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted Planning. 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.