HomeMy WebLinkAboutDTS-09-174 - Request for Fee Exemption - 116 Cameron St NDev~fopme-rt &
Techntca~Servlces
REPORT
REPORT T0: Mayor Zehr and members of Council
DATE OF MEETING: November 23, 2009
SUBMITTED BY: Alain Pinard, Interim Director of Planning
PREPARED BY: Alain Pinard, Interim Director of Planning (519-741-2319)
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: November 18, 2009
REPORT NO.: DTS-09-174
SUBJECT: REQUEST FOR FEE EXEMPTIONS OR REDUCTIONS BY
DAVID BRADSHAW, 116 CAMERON STREET NORTH
RECOMMENDATION:
For information
BACKGROUND:
Mr. David Bradshaw appeared in delegation before the Development and Technical Services
Committee on November 16, 2009 to request exemptions or reductions from the fees
associated with his development proposal to create a triplex at 116 Cameron Street North.
Council deferred taking action on Mr. Bradshaw's request and referred the matter to the Council
meeting of November 23, 2009, pending the receipt of additional information from staff.
REPORT:
The subject property is located at the corner of Cameron Street North and Troy Street. There is
one building on the site that contains two residential dwellings units and a vacant convenience
retail store. Mr. Bradshaw wishes to convert the vacant commercial space into a residential
dwelling unit that would have the effect of classifying the building as a triplex.
The property is designated Low Rise Residential in the Official Plan and is zoned Residential
Four (R-4). The property is considered legal non-conforming because commercial uses are not
permitted in the R-4 Zone and the two dwelling units do not comply with several R-4 regulations.
Furthermore, a triplex is not a permitted use in the R-4 zone and the proposed triplex does not
conform to some Official Plan policies regarding the creation of new residential units in existing
built areas.
Mr. Bradshaw submitted an application to the Committee of Adjustment requesting permission
under Section 45(2)(a)(ii) of the Planning Act to change the legal non-conforming convenience
retail store to a third dwelling unit within the existing building on the basis that it would be more
compatible with the surrounding area. Staff recommended approval of the application which
was approved by the Committee of Adjustment on June 16, 2009, subject to several standard
conditions. The conditions include the requirements to obtain site plan approval, an occupancy
permit and a building permit. A copy of the staff report to the Committee of Adjustment and the
Committee decision are attached as Appendix "A".
There are several typical fees associated with these approvals and permits. These fees are the
reasonable costs of development and are incurred by all developers. The outstanding fees total
approx. $5,500. Amore detailed outline is provided in Appendix "B". To staff's knowledge the
City has never granted an exemption or discount of the type requested by Mr. Bradshaw. The
outstanding fees are either outside of the control of the City of Kitchener or required by by-law
or Council policy.
FINANCIAL IMPLICATIONS:
The City of Kitchener would incur a loss of revenue corresponding to the amount of exemption
or reduction, if granted. An exemption or reduction may set a precedent for similar requests
which would result in additional lost revenue, and ultimately in the taxpayer subsidizing the cost
of development.
COMMUNICATIONS:
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CONCLUSION:
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ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Development and Technical Services Department
List of Attachments
Appendix "A" -Committee of Adjustment staff report and decision
Appendix "B" - Outline of outstanding fees and charges
Appendix "B"
Outstanding Fees and Charges
Conversion to Triplex at 116 Cameron Street North
November 30, 2009
Waterloo Region District School Board Development Charge a $637.00
Waterloo Catholic District School Board Development Charge a $112.00
Storm Water Mana ement Fee b
9 $1,987.50
Parkland Dedication Fee (estimated) ~ $2,000.00
Occu anc Permit d
P y $105.00
Building Permit e $776.68
Building Permit refund following final inspection -$250.00
TOTAL $5372.18
Notes
a The City of Kitchener has no authority with respect to these Development Charges.
No development charges are owing to the City of Kitchener and the Region of
Waterloo because credit is given for the previous commercial use.
b This fee is based on a pre-set formula found in the City's Master Stormwater
Management Policy that was adopted by Council. The above amount is the minimum
amount payable for this fee.
c Based on 1/3 of 5% percent of the value of the land to be calculated by a certified
appraiser. The estimate is based on the assumption that the land is valued at
$120,000. We are moving to a system where the amount will be pre-calculated for this
type of situation but this process won't be in place until 2010.
d The amount of the Occupancy Permit fee is set out in Kitchener's Fees By-law.
e Building Permit fee rates are set out in Kitchener's Fees By-law.
J
K~c.~~R
Development &
Technical Services
REPORT
REPORT T0: Mayor Zehr and members of Council
DATE OF MEETING: November 23, 2009
SUBMITTED BY: Alain Pinard, Interim Director of Planning
PREPARED BY: Alain Pinard, Interim Director of Planning (519-741-2319)
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: November 18, 2009
REPORT NO.: DTS-09-174
SUBJECT: REQUEST FOR FEE EXEMPTIONS OR REDUCTIONS BY
DAVID BRADSHAW, 116 CAMERON STREET NORTH
RECOMMENDATION:
For information
BACKGROUND:
Mr. David Bradshaw appeared in delegation before the Development and Technical Services
Committee on November 16, 2009 to request exemptions or reductions from the fees
associated with his development proposal to create a triplex at 116 Cameron Street North.
Council deferred taking action on Mr. Bradshaw's request and referred the matter to the Council
meeting of November 23, 2009, pending the receipt of additional information from staff.
REPORT:
The subject property is located at the corner of Cameron Street North and Troy Street. There is
one building on the site that contains two residential dwellings units and a vacant convenience
retail store. Mr. Bradshaw wishes to convert the vacant commercial space into a residential
dwelling unit that would have the effect of classifying the building as a triplex.
The property is designated Low Rise Residential in the Official Plan and is zoned Residential
Four (R-4). The property is considered legal non-conforming because commercial uses are not
permitted in the R-4 Zone and the two dwelling units do not comply with several R-4 regulations.
Furthermore, a triplex is not a permitted use in the R-4 zone and the proposed triplex does not
conform to some Official Plan policies regarding the creation of new residential units in existing
built areas.
Mr. Bradshaw submitted an application to the Committee of Adjustment requesting permission
under Section 45(2)(a)(ii) of the Planning Act to change the legal non-conforming convenience
retail store to a third dwelling unit within the existing building on the basis that it would be more
compatible with the surrounding area. Staff recommended approval of the application which
was approved by the Committee of Adjustment on June 16, 2009, subject to several standard
conditions. The conditions include the requirements to obtain site plan approval, an occupancy
permit and a building permit. A copy of the staff report to the Committee of Adjustment and the
Committee decision are attached as Appendix "A".
There are several typical fees associated with these approvals and permits. These fees are the
reasonable costs of development and are incurred by all developers. The outstanding fees total
approx. $5,500. Amore detailed outline is provided in Appendix "B". To staff's knowledge the
City has never granted an exemption or discount of the type requested by Mr. Bradshaw. The
outstanding fees are either outside of the control of the City of Kitchener or required by by-law
or Council policy.
FINANCIAL IMPLICATIONS:
The City of Kitchener would incur a loss of revenue corresponding to the amount of exemption
or reduction, if granted. An exemption or reduction may set a precedent for similar requests
which would result in additional lost revenue, and ultimately in the taxpayer subsidizing the cost
of development.
COMMUNICATIONS:
"nla"
CONCLUSION:
"nla"
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Development and Technical Services Department
List of Attachments
Appendix "A" -Committee of Adjustment staff report and decision
Appendix "B" - Outline of outstanding fees and charges
Appendix "B"
Outstanding Fees and Charges
Conversion to Triplex at 116 Cameron Street North
November 30, 2009
Waterloo Region District School Board Development Charge a $637.00
Waterloo Catholic District School Board Development Charge a $112.00
Storm Water Mana ement Fee b
9 $1,987.50
Parkland Dedication Fee (estimated) ~ $2,000.00
Occu anc Permit d
P y $105.00
Building Permit e $776.68
Building Permit refund following final inspection -$250.00
TOTAL $5372.18
Notes
a The City of Kitchener has no authority with respect to these Development Charges.
No development charges are owing to the City of Kitchener and the Region of
Waterloo because credit is given for the previous commercial use.
b This fee is based on a pre-set formula found in the City's Master Stormwater
Management Policy that was adopted by Council. The above amount is the minimum
amount payable for this fee.
c Based on 1/3 of 5% percent of the value of the land to be calculated by a certified
appraiser. The estimate is based on the assumption that the land is valued at
$120,000. We are moving to a system where the amount will be pre-calculated for this
type of situation but this process won't be in place until 2010.
d The amount of the Occupancy Permit fee is set out in Kitchener's Fees By-law.
e Building Permit fee rates are set out in Kitchener's Fees By-law.
J
K~c.~~R
Development &
Technical Services
Appendix "A"
REPORT
Report To:
Date of Meeting:
Date of Report:
Submitted By:
Application No.:
Location:
Owner:
Summarized
Recommendation:
Committee of Adjustment
June 16, 2009
June 10, 2009
Planning Division, on behalf of the
Development & Technical Services Department
A2009-032
116 Cameron Street North
David Bradshaw
Approve subject to conditions
REPORT
Planning comments:
The subject property is located at the northwest corner of the intersection of Cameron Street
North and Troy Street in the Auditorium Neighbourhood of Kitchener. The property contains a
two storey brick building constructed in the early 1900s. The front yard and side yard abutting
Troy Street are entirely paved with asphalt. In addition, the municipal boulevard is paved in
front of the subject property along Cameron Street and Troy Street. The building contains two
dwelling units on the second storey and contains a vacant convenience retail store on the main
floor. The basement is used for accessory storage. Staff understands that the owner of the
property has tried to secure a tenant for the main floor store without long-term success. The
most recent tenant vacated the store in late 2008. The property is designated Low Rise
Residential in the Official Plan and is zone Residential Four Zone (R-4).
The property is considered legal non-conforming (LNC) since convenience retail is not a
permitted use in the R-4 Zone and the two dwelling units do not comply with the R-4 regulations
for side yard (1.05 metres is provided, whereas 1.2 metres is required) and rear yard (0.87
metres is provided, whereas 7.5 metres is required). In addition, the property does not comply
with the parking regulations of the Zoning By-law in the following respects:
• Parking spaces for the store are located within 3.0 metres of the Troy Street and
Cameron Street street lines [6.1.1.1.a)iv)].
• The parking for the duplex dwelling is located less than 6.0 metres from the Troy Street
and Cameron Street street lines [6.1.1.1 b)i)].
• The driveway width is greater than 5.2 metres on Cameron Street and is more than 50%
of the side lot line abutting Troy Street [6.1.1.1 b)ii)g) and h)].
The owner is now proposing to convert the store into a dwelling unit. The subject application is
requesting permission under Section 45(2)(a)(ii) of the Planning Act to change the legal non-
conforming convenience retail store to a "more compatible" third dwelling unit within the existing
building. Staff notes that, if approved, the resultant change in use of the property and other
associated legal non-conforming characteristics would continue to be considered as such.
Case law does set out the tests to be applied by the Committee of Adjustment in considering
applications under Section 45(2)(a)(ii). It should be noted that the test to be applied is not the
four-part test for minor variance under Section 45(1) but rather whether the change in use is
similar in purpose to the one previous or is more compatible in purpose [OMB decision:
Tanafara v. Niagara Falls (2000)]. In the subject case, the applicant has specifically asked the
Committee to consider the "more compatible" scenario. Under this scenario the following
question must be answered: is the proposed use of the property as a three-unit multiple
dwelling and associated characteristics (e. g., parking, landscaping, etc.) more compatible with
the R-4 Zone and surrounding neighbourhood than a store with two dwelling units and
associated characteristics. In addition, staff suggests that the Committee consider whether the
impact of the proposal on surrounding uses is unacceptably adverse.
Staff has reviewed the proposal and offers the following comments in light of the above noted
tests. The proposed third dwelling unit is more compatible with the R-4 Zone and existing
neighbourhood than the existing store forthe following reasons.
Generally speaking, convenience retail use generates significantly higher parking demand than
three dwelling units. Keeping in mind that meeting the intent of the Zoning By-law is not a test
for permission applications, but as an example and for comparison, a store of the area
described in the application would require 7 parking spaces, whereas three dwelling units would
require 3 parking spaces under the Zoning By-law. The owner has agreed to remove the
parking and asphalt along Cameron Street, thereby decreasing the degree of legal non-
compliance in this regard.
The challenge for the current legal non-complying side and rear yards is that there is a lack of
useable outdoor amenity space for residents. In and of itself, the addition of a third dwelling
unit would represent an increase in the degree of legal non-compliance since there would be an
increase in the number of households with no increase in amenity space. However, the owner
has agreed to landscape the area where the parking currently exists off Cameron Street. This
area would be used for amenity space purposes. Therefore, based on this fact, there would be
an increase in amenity space from nearly zero square metres for two households to at least 69
square metres for three households (i.e., 21 % of the lot).
Based on the permitted uses within the zones of the surrounding neighbourhood, the proposed
three-unit multiple dwelling is more compatible than the existing use. Most of the surrounding
area is zoned R-4 which does not allow any commercial use except for home business.
Although three-unit multiple dwellings are not permitted in the R-4 Zone, the zone does allow
semi-detached dwellings, which can be "stacked" to have total of four units per dwelling.
Therefore, the R-4 Zone does support dwellings containing four dwelling units, whereas the
subject proposal, if approved, would allow three units. The opposite side of Cameron Street,
which contains recently constructed street townhouse dwellings, is zoned R-6 which would
allow three-unit multiple dwellings.
In the balance, staff is of the opinion that the proposal to establish a legal non-conforming third
dwelling unit in an existing building could be considered more compatible with the R-4 Zone
than the existing legal non-conforming convenience retail store, provided the below noted
additional development related conditions are met. Generally, these conditions relate to
ensuring that the parking situation is improved to the extent possible, that the physical design of
the site and building are modified to be more compatible with the existing neighbourhood, and
that adequate amenity space is provided for the three dwelling units:
• That Parking Spaces 4 through 6 be removed, with the asphalt being removed and the
land being landscaped. In addition, concrete curbing along the traveled portion of the
street shall be reinstated in areas where parking is removed.
• That the asphalt within the boulevard on Cameron Street and Troy Street be removed
and replaced with landscaping.
• That the owner provide an at-grade porch the design of which shall be approved by the
City's Supervisor of Site Plan Development.
• That the owner submit Building Elevation drawings, which demonstrate how the
proposed elevations will meet the intent of section 5.1 of the City of Kitchener Urban
Design Manual. Without limiting the generality of the forgoing, this may involve changes
to the front facades and removal of the cantilevered canopy.
• That the owner install a 0.9 metre high wrought-iron style fence (or equivalent) along the
front lot line and side lot line abutting Troy Street, except where parking is proposed.
The purpose of such fence shall be to define the public realm from the proposed private
amenity space.
• That the owner submit a landscape plan and implement such plan.
In addition, staff is of the opinion that the proposal does not create unacceptable, adverse
impacts on surrounding properties.
Staff notes that this property is unique in its physical characteristics and current use. It should
also be noted that the subject application is unique in its approach to addressing the proposed
development. Staff advises the Committee that in dealing with such applications in the future,
that each proposal should be reviewed on its individual merits and that care be taken when
considering application of precedent to subsequent cases.
Building Comments:
The Building Division has no objections to the
obtained for the addition of the new dwelling unit.
2433 with any questions.
proposed variance provided a building permit is
Please contact the Building Division @ 519-741-
Traffic Comments:
Transportation Planning has reviewed this application and has no concerns with the proposed
request for permission to convert the facility to a triplex, provided the site goes through site plan
approval and the two parking spaces fronting Cameron Street and the single space nearest the
southeast corner of the property are eliminated (space 4, 5, and 6 on the attached plan on the
C of A application).
Engineering Comments:
Engineering has no objections.
Zoning Comments:
That an occupancy permit be required to convert the convenience retail store to a dwelling unit
RECOMMENDATION
That application A2009-032 requesting permission under Section 45(2)(a)(ii) of the Planning Act to
change a legal non-conforming convenience retail store to a more compatible third dwelling unit
within an existing building be approved subject to the following conditions:
1. That the owner obtain approval of a site plan application from the City's Supervisor of
Site Plan Development. The said site plan approval shall include, apart from other
standard site plan conditions, the following conditions to be fulfilled to the satisfaction of
the City's Supervisor of Site Plan Development (see the site plan submitted with Minor
Variance Application A2009-032 for specific references. Plan was prepared by David
Thompson Architect Ltd., dated Dec. 15, 2008):
a. That Parking Spaces 4 through 6 be removed, with the asphalt being removed
and the land being landscaped. In addition, concrete curbing along the traveled
portion of the street shall be reinstated in areas where parking is removed.
b. That the asphalt within the boulevard on Cameron Street and Troy Street be
removed and replaced with landscaping.
c. That the owner provide an at-grade porch the design of which shall be approved
by the City's Supervisor of Site Plan Development.
d. That the owner submit Building Elevation drawings, which demonstrate how the
proposed elevations will meet the intent of section 5.1 of the City of Kitchener
Urban Design Manual. Without limiting the generality of the forgoing, this may
involve changes to the front facades and removal of the cantilevered canopy.
e. That the owner install a 0.9 metre high wrought-iron style fence (or equivalent)
along the front lot line and side lot line abutting Troy Street, except where
parking is proposed. The purpose of such fence shall be to define the public
realm from the proposed private amenity space.
f. That the owner submit a landscape plan and implement such plan within one
year of approval of the Committee of Adjustment Application A2009-032, being
June 16, 2010.
2. That the owner obtain an occupancy permit to convert the convenience retail store into a
dwelling unit, and
3. That the owner obtain a building permit for the new dwelling unit.
Andrew Pinnell, BES, MCIP, RPP
Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
COMMITTEE ~F ADJUSTMENT
FOR THE
CITY 4F KITCHENER
IN THE MATTER OF the application to the Committee of Adjustment for
the City of Kitchener; by:
Applicant: David Bradshaw
Submission No.: A 2009-032
This matter having been heard on the 16th day of June, 2009, and due Notice of Hearing having
been given in accordance with the Rules of Procedure adopted by this Committee, the Committee
of Adjustment for the City of Kitchener hereby renders the following DECISION:
That the application of David Bradshaw requesting permission to change a legal non-conforming
convenience retail store to a third dwelling unit, on Part Lot 16, Plan 124, 116 Cameron Street
North, Kitchener, Ontario, BE APPROVED, subject to the following conditions:
1. That the owner shall obtain approval of a site plan application from the City's Supervisor of
Site Plan Development. The said site plan approval shall include, apart from other standard
site plan conditions, the following conditions to be fulfilled to the satisfaction of the City's
Supervisor of Site Plan Development see the site plan submitted with Minor Variance
Application A2009-D32 for specific references. Plan. was prepared by David Thompson
Architect Ltd., dated Dec. 15, 2008}:
a. That parking, spaces 4 through 6 shall be removed, with the asphalt being removed
and the land being landscaped. in addition, concrete curbing along the travelled
portion of the street shall be reinstated in areas where parking is removed.
b. That the asphalt within the boulevard on Cameron Street and Tray Street be removed
and replaced with landscaping.
c. That the owner shall provide an at-grade porch the design of which shall be approved
by the City's Supervisor ofSite -Plan Development.
d. That the owner shall submit Building Elevation drawings, which demonstrate how the
proposed elevations will meet the intent of section 5.1 of the City of Kitchener Urban
Design Manual. Without limiting the generality ~ of the forgoing, #his may involve
changes to the front facades and removal of the cantilevered canopy.
e. That the owner shall install a 0.9 metre high wrought-iron style fence (or equivalent)
along the front lot line and side lot line abutting Troy Street, except where parking is
proposed. The purpose of such fence shall be to define the public realm from the
proposed private amenity space.
f. That. the owner shall submit a landscape plan and implement such plan within one
year of approval of the Committee of Adjustment Application A2009-032, being June
~ 6, 2010.
2. That the owner shall obtain an occupancy permit to convert the convenience retail store into
a dwelling unit.
3. That the owner shall obtain a building permit to convert the convenience retail store to a new
dwelling unit.
...2
Submission No. A 2009-032 Cant'd
It is the opinion of this Committee that:
1. The proposed use of this property as a three unit multiple dwelling and related characteristics
are more compatible with the Residential Four Zane (R-4) and the surrounding
neighbourhood than a store and two dwelling units and related characteristics.
2. The use of this property as a three unit multiple dwelling and related characteristics will not
impose unacceptable adverse impacts on the surrounding uses.
Signed at the City of Kitchener this 16#h day of June, 2009.
Last Date for Appeal of Decision: July 6, 2009.
CHAIR
~VIEMBER
,~~'
~r
~~ ~~~ MEMBER
I certify the foregoing to be a true and correct copy of the Decision of the
Committee of Adjustment for the City of Kitchener in the above mentioned
application.
CL.3~ ~ ~~ ~
~ ~ ~" ,~-.
•~z
Dianne Gilchrist
Secretary-Treasurer
Committee of Adjustment