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Home My WebLink AboutDSD-2022-070 - A 2022-011 - 43 Maurice St Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 15, 2022 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: January 28, 2022 REPORT NO.: DSD-2022-070 SUBJECT: Minor Variance Application A2022-011 43 Maurice Street Owner: Duane Houle Applicant: MHBC Planning C/O Nick Bogaert RECOMMENDATION: That application A2022-011 for 43 Maurice Street, requesting relief from: a) Section 5.6A.4 d) of Zoning By-law 85-1 to allow a deck greater than 0.6 metres in height to have a side yard setback of 0.4 metres whereas 3.0 metres is required; b) Section 6.1.2 a) of Zoning By-law 85-1 to allow for a parking rate of 0.75 spaces per unit whereas a rate of 1.0 space per unit is required (3 parking spaces whereas 4 is required); c) Section 6.1.1.1.b.iv) of Zoning B-law 85-1 to allow for a driveway to be setback 8.2 metres from an intersection whereas 9.0 metres is required; d) Section 6.1.1.1.d.i) of Zoning By-law 85-1 to allow for parking to be located in a side yard abutting a street 0 metres from a street line whereas 3.0 metres is required; e) Section 45.3.6 of Zoning By-law 85-1 to allow for a lot width of 12.15 metres whereas 15.0 metres if required; and f) Section 45.3.6 of Zoning By-law 85-1 to allow for a side yard abutting a street to have a setback of 1.8 metres whereas 3.0 metres is required; to legalize an existing 4-unit multiple dwelling, under review as part of Site Plan Application SP22/012/M/LT, be approved. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of minor variances to legalize an existing 4- unit multiple dwelling on the subject property addressed as 43 Maurice Street. Relief is required to allow a deck greater than 0.6 metres in height to have a side yard setback of 0.4 metres rather than the required 3.0 metres, to allow for a parking rate of 0.75 spaces per unit rather than the required 1.0 spaces per unit, to allow for a driveway to be setback 8.2 metres from an intersection rather than the required 9.0 metres, to allow for parking spaces to be located 0.0 metre from the street line rather than the required 3.0 metres, to allow for a lot width of 12.15 metres rather than the required 15.0 metres, and to allow for a side yard abutting a street to have a setback of 1.8 metres whereas 3.0 metres is required. Figure 1: Locational Map BACKGROUND: The subject property is located at the intersection of Maurice Street and Sydney Street South, in the western corner. It is within the Mill Courtland Woodside Park Planning Community. To the north and west the surrounding area is characterized predominately by residential housing of different forms, including single-detached dwellings, row housing, and a low-rise multiple dwelling. To the east and south there are vacant lands or former commercial lands with structures that have been recently demolished, and further to the south there is the Rockway Golf Course. The property is identified as on Map 2 - Urban Structure in the 2014 Official Plan and is designated Mill- Courtland Woodside Park Secondary Plan in the 1994 Official Plan. The property is zoned as - in Zoning By-law 85-1. As part of the Neighbourhood Planning Review Project, - Zoning By-law 2019-051. At present the subject property is developed with a single-detached dwelling that has been converted into a multiple dwelling with 4 dwelling units.This conversion occurred prior thecurrent owner purchasing the property in 2006. The requested variances intend to legalize the existing multiple dwelling. City planning staff conducted a site inspection of the property on January 4, 2022. Figure 2: Front Elevation of the Subject Property Figure 3: Side Elevation of Subject Property from Sydney Street South 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 Neighbourhood Secondary Plan, the intent of the Medium Density Commercial Residential designation is to provide for a range of residential and non-retail commercial uses. Low and medium density residential uses are accommodated in this designation through the permittance of a range of housing forms, including single-detached, duplex, and multiple dwellings. The requested variances will legalize an existing 4-unit multiple dwelling, which is a permitted use within this designation and is consistent with the various other housing forms in the area. Further, no new site work is proposed and as such the existing character of the property and surrounding area is maintained. Therefore, 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 Setbacks: The general intent and purpose of the setbacks in the Zoning By-law is to ensure a consistent streetscape, as well as access to the rear yard and adequate space for the owner to maintain across Maurice Street as well as other properties located further northeast and southwest on Sydney Street South. The side yard abutting the street is open and as such access is still provided and the transportation of maintenance equipment can still be accommodated as required. Parking: The intent of the parking space regulations is to ensure that parking does not dominate the streetscape, as well as to ensure that a vehicle can be safely parked without affecting the City right-of- way or surrounding properties. Further, the intent of the 9.0 metre setback requirement for driveways from intersections is to ensure that adequate and safe vehicle ingress and egress from a property can be achieved without impacting the use or sightlines of an intersection. With the long configuration of the lot and the landscaping present on it, the asphalt area intended to accommodating parking does not dominate the site. The required parking spaces also remain fully within the bounds of the subject land and as such impact to the City right-of-way is not anticipated. This section of Maurice Street and Sydney Street South is straight and provides unobstructed sight lines; therefore visibility is not a concern. Lot Width: The intent of the regulation that requires a corner lot to have a minimum width of 15 metres is to ensure site functionality and adequate space for the construction and siting of a dwelling. In this case, the building is already situated on the lot and there are no site layout changes proposed through this application. The provided lot width of 12.15 metres has proven functional and sufficient and can continue to operate as existing. The requested variances are to legalize already existing conditions. No new site work is proposed, and as such there is will be no changes to the site or areas existing character or function. As such, staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Is the Variance Minor? This application is to legalize existing conditions and does not propose any additional site work. As such there are no anticipated changes to either the characteristics or functionality of the site or surrounding neighbourhood. Further, the intended function of the regulations can still be achieved. Due to these reasons, the requested variances can be considered minor. Is the Variance Appropriate? The proposed variances are appropriate for the development and use of the land. The application is seeking to legalize an existing 4-unit multiple dwelling, which is a permitted use. No physical changes to the site layout or building are proposed. Staff are of the opinion that the requested variances are appropriate. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a fourplex is obtained. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services can support the requests to provide 3 off-street parking spaces rather than the required 4 off-street parking space to recognize the existing condition and support an 8.2m driveway setback along Maurice Street from the required 9.0m driveway setback. The existing curb cut along Sydney Street South to be reinstated with curbing and grassed boulevard and a new curb cut be provided for the two off-street parking spaces proposed along Sydney Street South. Also, there is a hydro pole near the proposed driveway, we typically see a 1m offset from the hydro pole to the edge of driveway. Any site works that are required on Sydney Street can be accommodated through the concurrent Site Plan Application SP22/012/M/LT. Heritage Comments: There are no heritage planning concerns associated with this application. Engineering Comments: Engineering has no comments or concerns associated with this application. Environmental Planning Comments: There are no natural heritage concerns as there is no additional site work associated with this application. Parks & Cemeteries Comments: There is a City-owned street tree (tree ID#120843) on the Maurice St frontage. Since no site work is anticipated, there should be no impacts to the tree and Parks and Cemeteries has no concerns. If site work is required, any requirements can be accommodated through the concurrent site plan application SP22/012/M/LT. Region of Waterloo Comments: There are no concerns 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 application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A Site Plan application (SP22/012/M/LT) has been submitted for this property and is currently under review. January 27, 2022 Sarah Goldrup City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) /BLOCK 129 30T 08204 TRUSSLER NORTH SUBDIVISION (7) /04 URBAN, 1768 OTTAWA STREET SOUTH REGION OF WATERLOO PUMP HOUSE Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 006 49 Lower Mercer Street No Concerns. 2) A 2022 - 011 43 Maurice Street No Concerns. 3) A 2022 - 012 158 Forest Creek Drive No Concerns. 4) A 2022 - 013 41 Moore Avenue No Concerns. 5) A 2022 - 014 21-39 Benninger Drive No Concerns. 6) A 2022 - 015 25 Brock Street No Concerns. 7) A 2022 - 016 1768 Ottawa Street South No Concerns. 8) A 2022 - 017 86 Cedar Street South No Concerns. 9) A 2022 - 018 81 Shanley Street (Severed) No Concerns. 10) A 2022 - 019 81 Shanley Street (Retained) No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЌАЎЎВ tğŭĻ Њ ƚŅ Ћ 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: Kristen Hilborn, City of Kitchener CofA@Kitchener.ca 2 February 2, 2022 Via email February 15, 2022 CofA Meeting Sarah Goldrup City of Kitchener 200 King Street West Kitchener, Ontario, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting – February 15, 2022 Applications for Minor Variance A 2022-003 53 Margaret Avenue A 2022-005 86 Chestnut Street A 2022-006 49 Lower Mercer Street A 2022-011 43 Maurice Street A 2022-012 158 Forest Creek Drive A 2022-013 41 Moore Avenue A 2022-014 21-39 Benninger Drive A 2022-015 25 Brock Street A 2022-016 1768 Ottawa Street South A 2022-017 86 Cedar Street South A 2022-018 81 Shanley Street (Severed) A 2022-019 81 Shanley Street (Retained) Applications for Consent B 2022-007 654 Rockway Drive B 2022-008 442 Old Chicopee Trail B 2022-009 114 Doon Valley Drive B 2022-010 113 Walter Street B 2022-011 44 Wilhelm Street B 2022-012 20 Breithaupt Street (Severed) B 2022-013 20 Breithaupt Street (Retained) B 2022-014 81 Shanley Street Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications for minor variance and consent. GRCA has no objection to the approval of the applications listedabove. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact the undersigned at jconroy@grandriver.ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. Resource Planning Technician Grand River Conservation Authority