City of Kingston Report to Committee of Adjustment Report Number COA

Transcription

1 To: From: City of Kingston Report to Committee of Adjustment Chair and Members of Committee of Adjustment Tim Fisher, Planner Date of Meeting: Application for: File Number: Address: Owner: Applicant: Minor Variance D Queen Street Gary Rogers Frontenac Build and Design Executive Summary: This report provides a recommendation to the Committee of Adjustment regarding an application for Minor Variance for the property located at 321 Queen Street. The applicant is requesting a reduction in the minimum exterior side yard setback along Chapman Street, and to reduce the rear yard setback and distance from a main building to construct two storage sheds along the northern property line. The subject property is designated Central Business District in the Official Plan and zoned C1-1 Special Central Business System in Zoning By-Law Number The subject property is also designated under the Ontario Heritage Act. The subject site is developed with a daycare facility on a corner lot fronting on Queen Street and Chapman Street. The main building is located centered on the lot abutting the northern lot line. The daycare outdoor play space is located around the perimeter of the building to the south and west. The perimeter of the site is fenced with a chain link fence. Two large storage containers are located along the northern lot line between the main building and Chapman Street. The applicant is requesting a reduction of the exterior side yard setback from 4.3 metres to 0 metres to permit the storage sheds to be located along the northern property line abutting an existing walkway. The subject site has a chain linked fence around the perimeter of the daycare facility. The fence along Chapman Street is not located on the property line and is located within the road allowance. The property line is approximately 2.4 metres from the main building while Committee of Adjustment Meeting Number 04 77

2 Page 2 of 11 the chain link fence is located 5.1 metres from the main building, therefore the proposed storage sheds will appear to have an approximately 2.7 metre setback from the existing fence and maintain a separation from Chapman Street. The location of the two storage sheds will replace two large storage bins in the current location. The two sheds will provide storage for the daycare facility. The location of the sheds cannot comply with the minimum 1.0 metre setback from the rear lot line for an accessory structure as it will put the structures within the existing walkway and access to the building. The applicant is proposing a 0.2 metre setback which will provide a separation between the existing chain link fence and allow for roof drainage to be discharged on the subject site. The sheds will abut an access lane from Chapman Street to access rear yard parking at 134 Colborne Street. The location of the sheds will not have any adverse effects on the continued use of the abutting private lane. A third variance is requested to reduce the minimum setback from the main building from 1.2 metres to 0.3 metres. The reduction will maintain a physical separation of the two structures while permitting the two sheds to be located along the northern lot line. The shed closest to the main building will provide storage of daycare items such as strollers while the second shed will provide secure temporary storage of garbage and recycling. The existing fencing along Chapman Street is located within the road allowance which gives the appearance of a deeper exterior side yard. A 2.7 metre boulevard will be maintained within the road allowance which will provide a physical separation between the storage sheds and the sidewalk along Chapman Street. The proposed development is in keeping with the existing development and setbacks along Chapman Street between Queen Street and Colborne Street. The variances will not set an undesirable precedent for the immediate area. The subject property is designated under Part IV of the Ontario Heritage Act. A Heritage Permit is required to permit the proposed structures. The applicants have submitted permit application, File Number P , which is currently under review. Heritage staff have no objection to the proposed minor variance. Details pertaining to the colour and design of the proposed storage sheds will be reviewed through the Heritage Permit application. The requested minor variance is consistent with the general purpose and general intent of both the City of Kingston Official Plan and Zoning By-Law Number The variance is considered to be appropriate and minor, and meet all four tests under the Planning Act. Recommendation: It is recommended that minor variance application, File Number D , for the property located at 321 Queen Street to reduce the minimum exterior side yard setback along Chapman Street, and to reduce the rear yard setback and distance from a main building to construct two storage sheds, be approved. Committee of Adjustment Meeting Number 04 78

3 Page 3 of 11 Variance 1: By-Law Number : Requirement: Proposed: Variance Requested: Variance 2: By-Law Number : Requirement: Proposed: Variance Requested: Variance 3: By-Law Number : Requirement: Proposed: Variance Requested: Section Exterior Side Yard Setback 4.8 metres 0 metres 4.8 metres Section 5.1.1(b) Rear Yard Setback 1.0 metres 0.2 metresfro 0.8 metres Section 5.1.1(c) Setback from Main Building 1.2 metres 0.3 metres 0.9 metres Approval of the foregoing variance shall be subject to the following: 1. Limitation That the approved variances apply only to the location of the two storage sheds along Chapman Street as shown on the approved plans attached to the Notice of Decision. The variance does not include a reduction in the required setback along the entire width/length and depth of the property. 2. No Adverse Impacts The owner/applicant shall ensure that there are no adverse impacts on neighbouring properties as a result of the two storage sheds nor shall there be any increased runoff or grade changes to the property as a result of any excavation or downspout orientation. 3. Standard Archaeological Condition In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ) and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police ( ), the Registrar of Cemeteries Regulation Section of the Ontario Ministry of Consumer Business Services ( ), the Cultural Program Branch of the Ministry of Tourism, Culture and Sport ( ), and the City of Kingston s Planning Division ( , extension 3180) must be immediately contacted. Committee of Adjustment Meeting Number 04 79

4 Page 4 of 11 Authorizing Signatures: Tim Fisher, Planner In Consultation with the following Management of the Community Services Group: Paige Agnew, Director, Planning, Building & Licensing Services Lanie Hurdle, Commissioner, Community Services Committee of Adjustment Meeting Number 04 80

5 Page 5 of 11 Options/Discussion: On January 25, 2017, a minor variance application was submitted by Frontenac Build and Design, on behalf of the owner Gary Rogers, with respect to the property located at 321 Queen Street. Variances are requested to reduce the minimum exterior side yard setback along Chapman Street, and to reduce the rear yard setback and distance from a main building to construct two storage sheds. The daycare facility is proposing two storage sheds located partially within the exterior side yard (Chapman Street) in order to replace some poor functioning low profile wooden boxes located against the north property line which are for storing garbage and strollers. In support of the application, the applicant has submitted the following: Site Plan (Exhibit C); and 3D Rendering (Exhibit D). All submission materials are available online through the Development and Services Hub (DASH) at the following link, DASH, using Look-up a Specific Address. If there are multiple addresses, search one address at a time, or submission materials may also be found by searching the file number. Site Characteristics The subject property is located on the northwest corner of Queen Street and Chatham Street and is developed with a Daycare Facility. The subject property is designated Central Business District in the Official Plan and zoned C1-1 Special Central Business System in Zoning By-Law Number The subject property is adjacent to the residential dwellings to the north, a 4 storey multi-use structure (commercial and residential) to the east, a mix of residential and commercial uses to the south and a parking lot to the west. Application A minor variance is not a mathematical calculation, but rather an assessment of whether the general intent of the Official Plan and zoning by-law are maintained. To do this, the impact of the variance on the surrounding land uses and the appropriateness of the development are considered. When reviewing applications for minor variance, the approval authority must be satisfied that each of the four tests of the Planning Act are met. The following provides this review: 1) The proposal shall be consistent with the Provincial Policy Statement (PPS) and the general intent and purpose of the Official Plan Committee of Adjustment Meeting Number 04 81

6 Page 6 of 11 Provincial Policy Statement The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development which are complemented by local policies addressing local interests. The application being considered is site specific to accommodate a specific proposal and does not involve any major policy considerations and as much, the proposal conforms to and is consistent with the PPS. Official Plan The subject property is designated Central Business District, in the City of Kingston Official Plan. The goal of the Central Business District is to provide for the broadest range of commercial activity that is suitable to the Central Business District setting, in order to support the traditionally diverse role and pedestrian oriented focus of the City s architecturally valuable downtown core (Section 3.4A). The impact of the proposal and the requested variance is deemed minor and is therefore not subject to a zoning by-law amendment application process. In considering whether the proposal is desirable, the Committee of Adjustment will give regard to the requirements included within the Official Plan, specifically Section The variance application being considered is site specific to accommodate the storage of items used by the daycare facility. a. The subject site it developed with a daycare facility on a corner lot fronting on Queen Street and Chapman Street. The main building is located centered on the lot abutting the northern lot line. The daycare outdoor play space is located around the perimeter of the building to the south and west. The perimeter of the site is fenced with a chain link fence. The fencing along Chapman Street is not located on the property line and is located within the road allowance. The property line is approximately 2.4 metres from the main building while the chain link fence is located 2.7 metres within the road allowance. Two large storage containers are located along the northern lot line between the main building and its principle access to the building and Chapman Street. The applicant proposes to remove the storage containers and replace them with two storage sheds which will provide secure storage of daycare items. Locating the storage sheds on the site is limited as the yards to the east, south and west are used for outdoor play space. The location of the sheds will not interfere or reduce the outdoor play place or impede on the walkway to the principle access to the facility. The sheds will be setback 2.7 metres from the existing fence and will not have any impacts on the streetscape. b. The proposed development will be compatible with surrounding uses, buildings or structures and development standards associated with adjacent properties. The neighbourhood is developed with a mixture of commercial and residential uses to the east, south and west and residential uses to the north varying in scale and massing. Existing development in the neighbourhood have accessory structures typically located Committee of Adjustment Meeting Number 04 82

7 Page 7 of 11 in the side or rear yards as most residential uses or older mixed residential/commercial uses have a rear yard. A detached garage is located in the rear yard of 5 Chapman Street which is setback approximately 2.0 metres to the sidewalk along Chapman Street and the multi-use building at 311 Queen Street is set back approximately 2.0 metres from the sidewalk along Chapman Street. The proposed storage sheds will be located approximately 3.0 metres to the edge of the sidewalk which is in keeping with the existing development and streetscape along Chapman Street between Queen Street and Colborne Avenue. c. The location of the two storage sheds will replace two large storage bins in the current location. The two sheds will provide secure storage for the daycare facility. The applicant is proposing a 0.2 metre setback from the rear lot line and 0.3 metres from the main building which will provide for roof drainage to be discharged on the subject site. The sheds will not impede on the current access and walkway to the main building. The outdoor play space for the daycare will not be impacted. The site will continue to function in an appropriate manner. d. The variances will comply with Section 8, Urban Design Policies of the Official Plan. Development on the resulting lots will be required to comply with the existing zoning which regulates built form in the neighbourhood. e. The subject property is designated under Part IV of the Ontario Heritage Act. A Heritage Permit is required to permit the proposed structures. The applicants have submitted permit application, File Number P , which is currently under review. Heritage staff have no objection to the proposed minor variance. Details pertaining to the colour and design of the proposed storage sheds will be reviewed through the Heritage Permit application. f. The subject property is located within the urban boundary and is serviced by municipal water and sewage services. The variances will not have any negative impacts on the existing municipal services. g. The location of the storage sheds and their requested variances are in keeping with existing development in the neighbourhood and established setbacks along Chapman Street between Queen Street and Colborne Street, therefore the proposal is minor and a Zoning By-Law amendment is not required. h. The Committee of Adjustment may attach such conditions as it deems appropriate to the approval of the application for a minor variance including any reasonable requirements. i. The proposed development and the requested variances are site specific to accommodate the daycare facility and will not set an undesirable precedent for the immediate area. Committee of Adjustment Meeting Number 04 83

8 Page 8 of 11 This proposal meets the intent of the Official Plan, as the proposed storage sheds and the requested variances and will not result in any negative impacts to adjacent properties. 2) The general intent and purpose of the zoning by-law varied is maintained The subject property is zoned C1-1 Special Central Business System in Zoning By-Law Number The C1-1 zone permits a Day Care Centre as per Section 7.1 in the zoning by-law. Accessory Structures are subject to Section 5.1 in the zoning by-law. The erection, alteration, enlargement, renovation, maintenance and use of accessory buildings and structures shall comply with the regulations of the applicable zone except as otherwise provided in Section 5.1. An accessory structure may not occupy the front or exterior side yard and shall comply with the setbacks of the applicable zone. The C1-1 zone requires a minimum 4.8 metre setback from the exterior side yard (Chapman Street). The applicant is requesting a reduction in the exterior side yard requirement of 4.8 metres in Section to 0 metres. The variance is only for the location of the shed and not for the entire frontage along Chapman Street. Variance 1: By-Law Number : Requirement: Proposed: Variance Requested: Section Exterior Side Yard Setback 4.8 metres 0 metres 4.8 metres Section 5.1.1(b) requires that an accessory structure be setback a minimum of 1.0 metres from the rear lot line. The applicant is requesting a variance to reduce the rear yard setback along the northern lot line from 1.0 metres to 0.2 metres being a reduction of 0.8 metres to accommodate the existing walkway. The 0.2 metre setback will ensure that the structures will not be abutting the existing chain link fence and allow for drainage from the sheds to be located on the subject property. Variance 2: By-Law Number : Requirement: Proposed: Variance Requested: Section 5.1.1(b) Rear Yard Setback 1.0 metres 0.2 metres 0.8 metres Section 5.1.1(c) requires an accessory structure to be setback a minimum of 1.2 metres from the main dwelling. The applicant is proposing to reduce the setback from 1.2 metres to 0.3 metres to accommodate the two storage sheds. Variance 3: By-Law Number : Requirement: Proposed: Section 5.1.1(c) Setback from Main Building 1.2 metres 0.3 metres Committee of Adjustment Meeting Number 04 84

9 Page 9 of 11 Variance Requested: 0.9 metres The maximum height of an accessory structure is 4.6 metres. The proposed storage sheds will comply with the maximum height requirement as they will have a height of 2.1 metres with a roof which will slope towards the rear lot line. The proposal complies with all other provisions of the C1-1 zone. 3) The variance is minor in nature The variances are considered minor as the variances will allow for two storage sheds which are accessory to the Day Care Centre to provide secure storage of day care items such as strollers and the temporary storage of garbage. The location of the sheds and the requested variances are in keeping with the character of the neighbourhood and will not result in any negative impacts on the abutting development or their redevelopment. 4) The variance is desirable for the appropriate development or use of the land, building or structure The variances are desirable and appropriate as the location of the storage sheds will be located entirely on the subject property and will not result in any negative impacts on the existing function of the property or outdoor play space for the daycare and access to the main building and its walkway from Chapman Street. The existing fencing along Chapman Street is located within the road allowance which gives the appearance of a deeper exterior side yard. A 2.7 metre boulevard will be maintained within the road allowance which will provide a physical separation between the storage sheds and the sidewalk along Chapman Street. The proposed development is in keeping with the existing development and setbacks along Chapman Street between Queen Street and Colborne Street. The variances will not set an undesirable precedent for the immediate area. A Building Permit is not required for the storage sheds as they are less than 10 square metres in area however a Heritage Permit is required to permit the proposed structures. The applicants have submitted permit application, File Number P , which is currently under review. Details pertaining to the colour and design of the proposed storage sheds will be reviewed through the heritage permit application. Committee of Adjustment Meeting Number 04 85

10 Page 10 of 11 Technical Review: Circulated Departments and Agencies Building Division Engineering Department Heritage (Planning Division) Finance Utilities Kingston Real Estate & Environmental Initiatives Fire & Rescue Kingston Hydro City s Environment Division Solid Waste Parks Development Canadian National Railways Housing District Councillor Ministry of Transportation KEDCO Municipal Drainage Parks of the St. Lawrence CRCA KFL&A Health Unit Trans Northern Pipelines Parks Canada Eastern Ontario Power CFB Kingston Hydro One Enbridge Pipelines TransCanada Pipelines Kingston Airport Placeholder Placeholder Technical Comments This application was circulated to external agencies and internal departments for their review and comment and there were no comments or concerns raised that would preclude this application from moving forward. Any technical comments that are received after the publishing of this report will be included as an addendum to the Committee of Adjustment agenda. Public Comments At the time this report was finalized, no public correspondence was received. Any public comments received after the publishing of this report will be included as an addendum to the Committee of Adjustment agenda. Previous or Concurrent Applications There are no previous applications on file. A Heritage Permit (File Number P ) has been submitted and in review. Conclusion The requested variances are consistent with the general purpose and general intent of both the City of Kingston Official Plan and Zoning By-Law Number The variances meet all four tests under the Planning Act and as such the application is being recommended for approval. Existing Policy/By-Law: The proposed application was reviewed against the policies of the Province of Ontario and the City of Kingston to ensure that the changes would be consistent with the province s and the city s vision of development. The following documents were assessed: Provincial Provincial Policy Statement, 20 Municipal City of Kingston Official Plan Zoning By-Law Number Committee of Adjustment Meeting Number 04 86

11 Page 11 of 11 Notice Provisions: A Committee of Adjustment meeting is going to be held respecting this application on March 26, Pursuant to the requirements of the Planning Act, a notice of Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 10 days in advance of the meeting. In addition, notices were sent by mail to a total number of 80 property owners (according to the latest Assessment Roll) within 60 metres of the subject property and a courtesy notice was placed in The Kingston Whig-Standard. Once a decision has been rendered by the Committee of Adjustment, a Notice of Decision will be circulated in accordance with the provisions of the Planning Act. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Marnie Venditti, Manager, Development Approvals extension 3256 Tim Fisher, Planner extension 3215 Other City of Kingston Staff Consulted: The application was circulated to the relevant internal departments and external agencies for review and comment. The responses to the technical circulation have been addressed in the technical review and included in this report. Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Key Map Public Notification Map Site Plan 3D Rendering Site Photos Committee of Adjustment Meeting Number 04 87

12 CONTEXT MAP A B A # # # A 2 89 A A # / B A 271 # # # AB CA A B A # # CO MMITT EE OF ADJU ST MENT E KEY MAP LEGEND ELM ST Planning, Building & Licensing Services a department of Community Services GARRETT ST DIVISION ST PRINCESS ST Applicant: Frontenac Build and Design Owner: Gary Rodgers File Number: D Address: 321 Queens Street Metres 1:2,000 RAGLAN RD VINE ST ELLICE ST COLBORNE ST PALACE RD ANN ST CHAPMAN ST CONCESSION ST UNION ST PRINCESS ST JOHNSON ST VICTORIA ST MAIN ST PINE ST ALFRED ST DIVISION ST STEPHEN ST QUEEN ST MONTREAL ST BROCK ST BARRIE ST ORDNANCE ST QUEEN ST KING ST E YORK ST WELLINGTON STYORK ST ONTARIO ST Exhibit A LA SALLE CAUSEWAY ORDNANCE ST BARRIE ST Lands Subject to Minor Variance HWY 2 PREPARED BY: J. Partridge DATE: 3/7/2018 Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston. Committee of Adjustment Meeting Number 04 88

13 BROCK ST Planning, Building & Licensing Services a department of Community Services ELM ST GARRETT ST DIVISION ST VINE ST ELLICE ST COLBORNE ST ANN ST CHAPMAN ST PRINCESS CO MMITT EE OF ADJU ST MENT PUBLIC NOTICE NOTIFICATION MAP Applicant: Frontenac Build and Design Owner: Gary Rodgers File Number: D Address: 321 Queens Street Metres 1:2,000 8 ST MAIN ST QUEEN ST LEGEND BARRIE ST YORK ST ORDNANCE ST Lands Subject to Minor Variance 60 m Public Notice Boundary Property Boundaries Exhibit B 46 Properties in Receipt of Notice E PREPARED BY: J.Partridge DATE: 3/7/2018 Disclaimer: This document is subject to copyright and may only be used for your personal, noncommercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston. Committee of Adjustment Meeting Number 04 89

14 Exhibit C Committee of Adjustment Meeting Number 04 90

15 Exhibit D Committee of Adjustment Meeting Number 04 91

16 Exhibit E Below: View from Queen Street Committee of Adjustment Meeting Number 04 92

17 Exhibit E Above: View of 5 Chapman Street Below: View of existing Storage Cont ners Committee of Adjustment Meeting Number 04 93