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Home My WebLink AboutDTS-07-122 - ZC06/18/E/JB - 47 Ellis Ave1 KKR Development & Technical Services REPORT Report To: Development and Technical Services Committee Date of Meeting: September 10, 2007 Submitted By: Jeff Willmer, Director of Planning (741-2325) Prepared By: Jeff Bannon, Senior Planner (741-2643) Ward(s) Involved: 1 Bridgeport -Centre (Coun. John Smola) Date of Report: August 27, 2007 Report No.: DTS 07-122 Subject: ZONE CHANGE APPLICATION ZC06/18/E/JB 47 ELLIS AVENUE DIANNE ROEDDING / SHIRLEY HARROP RECOMMENDATION: That Zone Change Application ZC06/18/E/JB (47 Ellis Avenue, Roedding / Harrop) for the purpose of changing the zoning from Residential Four (R-4) with Temporary Use Provision 3T to allow for a Garden Suite to Residential Four (R-4) with Special Use Provision 365U to legalize the existing temporary garden suite as a permanent coach house dwelling unit on lands legally described as Registered Plan 373 Part of Lots 7 as shown as part 10 RP 58R-8030 in the City of Kitchener be approved. BACKGROUND: The subject land is currently a single detached dwelling with a garden suite in an accessory building in the rear yard. The applicant received approval to allow a temporary garden suite to be used by the applicants' parent. The temporary use provision was set for a period of 10 years and was set to expire on August 6, 2006. This zone change application was received on July 31St 2006 and as a result the applicants have been allowed to continue the garden suite use until a decision regarding the zone change has been made. REPORT: 1. Planning Comments The applicant is proposing to change the zoning from Residential Four (R-4) with Temporary Use Provision 3T to Residential Four (R-4) with Special Use Provision 365U to legalize the existing garden suite as a permanent coach house dwelling unit. Garden suites which were once referred to as "granny flats" are detached, one unit residential buildings located on the same lot as another residence and are designed to be portable. They are usually designed for one or two occupants, often an elderly parent or disabled person who wants an independent living area but also needs the support of family or friends living in the main house. The Planning Act provides for a temporary use provision of up to 10 years for garden suites, as opposed to 3 years for all other temporary uses, to provide more certainty as to the availability of the suite for the occupant on a longer term basis. The applicant is planning on using the garden suite to provide care for a relative in the near future and prefers to complete a zone change to legalize the dwelling unit at this time to prevent having to convert the garden suite to non liveable space and then having to apply for another zone change to allow for the garden suite when it is needed in the future. The property is designated as a Low Rise Residential in the Official Plan. This designation is intended to accommodate a full range of housing types in locations that are appropriate to areas of low rise housing. The proposed zone change conforms to the Official Plan. The current zoning allows for a coach house dwelling unit, duplex dwelling, home business, single and semi detached dwelling, private home day care and residential care facility. A coach house dwelling unit is defined as a dwelling unit within an accessory building or portion thereof existing on January 24, 1994. The current garden suite was built in 1996 and would function in the same manner as a coach house dwelling unit. If the garden suite was built two years earlier, it would already comply with the zoning by-law as a coach house dwelling unit. There is approximately 10.6 metres between the garden suite and the exiting single family home, and approximately 31 metres to the rear of the property, which allows for adequate amenity space for both buildings. There also is adequate parking on site for both structures, as two spaces can be provided directly in front of the existing garden suite. The property is well suited to accommodate another dwelling unit as it is approximately 75 metres deep and 13.4 metres in width. The garden suite has been operating successfully for over 10 years and legalizing the existing situation should have very little impact on the surrounding neighbourhood. The lot size and appearance of the garden suite is compatible with the streetscape and the property can accommodate the required parking. As a result, the zone change application is compatible with the neighbourhood, in the opinion of planning staff. 2. Property Owner Comments Five responses were received from neighbouring property owners, two of which were returned by neighbours who had no concerns with the proposal. Two of the respondents were concerned with the applicant renting out the garden suite in the past instead of using the space for a parent as is allowed in the current zoning and the third respondent noted that they were not in support of the proposal. Planning staff does not differentiate between a coach house dwelling unit being occupied by a tenant versus being occupied by a dependant family member. The impacts on the neighbourhood in the view of planning staff are potentially equivalent between both types of tenants. There is adequate amenity space and parking available on the property and the proposed coach house dwelling unit would be compatible with the streetscape. The Provincial Policy Statement and Places to Grow provincial legislation both support and encourage continued intensification within the City of Kitchener. 3. Department/Agency Comments The application was circulated to all applicable agencies and internal departments and there were no concerns. Transportation planning requested that the applicant submit a plan which demonstrates that the parking could be accommodated on site. The plan has been submitted and Transportation planning has no other concerns. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Preliminary circulation of the original application was undertaken on October 18, 2006 to department/agencies and all property owners within 120 metres of the site. The advertisement for the zone change appeared in the Kitchener Waterloo Record on August 17, 2007. The comments received are discussed in the report above and are attached as Appendices A and B. CONCLUSION: In summary, the Department of Development and Technical Services recommends that Zone Change Application ZC06/18/E/JB be approved. Jeff Bannon, MCIP, RPP Della Ross, MCIP, RPP Senior Planner Manager of Development Review Jeff Willmer, RPP, MCIP Director of Planning Attachments: Proposed By-law Newspaper Advertisement Appendix `A' -Internal/Agency Comments Appendix `B' -Property Owner Comments (Proposed By-law, August 22, 2007) BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - D. Roedding & S. Harrop - 47 Ellis Ave.) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule 82 of Appendix "A" to By-law Number 85-1 is hereby amended by designating as Residential Four Zone (R-4) with Special Use Provision 365U, instead of Residential Four Zone (R-4) with Temporary Use Provision 3T, the parcel of land described as Part of Lot 7, Registered Plan 373, designated as Part 10 on Reference Plan 58R-8030 in the City of Kitchener. These lands are shown on Map No. 1 attached hereto. 2. Appendix "C" to By-law 85-1 is hereby amended by adding Section 365 thereto as follows: "365. Notwithstanding Section 4.2.43 of this By-law, within lands zoned R-4 on Schedule 82 of Appendix "A" and described as Part of Lot 7, Registered Plan 373, designated as Part 10 on Reference Plan 58R- 8030 in the City of Kitchener, a coach house dwelling unit created after January 24, 1994 shall be permitted." PASSED at the Council Chambers in the City of Kitchener this day of , 2007. 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