City of Kingston Report to Committee of Adjustment Report Number COA

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1 To: From: City of Kingston Report to Committee of Adjustment Chair and Members of Committee of Adjustment Tim Fisher, Planner Date of Meeting: September 25, 2017 Application for: File Number: Address: Applicant: Owner: Minor Variance D Dundas Street David Southall David and Laura Southall Executive Summary: This is a report to recommend approval to the Committee of Adjustment regarding an application for Minor Variance for the property located at 96 Dundas Street. The applicant is requesting to reduce the side and rear yard setbacks to construct an accessory structure in the rear yard and to increase the maximum building depth requirement, to permit the construction of a two-storey addition at the rear of the dwelling. An additional variance is required to increase the maximum area requirement of a two level rear deck. The existing one-storey, two-family dwelling consists of 2 bedrooms on the ground floor, kitchen and living area with a full basement containing a second unit with a bedroom, kitchen, living room and storage/utility area. The owner proposes to convert the dwelling to a single family dwelling by constructing a second storey addition containing 4 bedrooms including a master bedroom with en-suite and laundry room. The ground floor will consist of a living room, kitchen, family room, dining room, storage room and bathroom. The basement will be converted to contain two bedrooms, bathroom, family room and storage/utility room. The owner proposes to construct a two-storey 55.7 square metre rear addition to provide the additional living space to accommodate the conversion to a single family dwelling. The owner is requesting an increase in the maximum permitted residential building depth from 12.2 metres to 14.7 metres. The proposal complies with the minimum rear yard setback requirement. Committee of Adjustment Meeting Number 10 September 25,

2 Report to Committee of Adjustment September 25, 2017 Page 2 of 13 A two level rear deck is proposed at the rear of the dwelling providing amenity space to the second storey. The main floor deck is a 25 square metre deck however the owner is proposing a second level which will increase the total floor area of the deck to 50 square metres. Section 5.8(c) permits a maximum floor area of 30 square metres for a deck that is more than 1.2 metres above finished grade. Therefore, the owner is requesting to increase the maximum floor area of a rear deck from 30 square metres to 50 square metres. The variances are 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 96 Dundas Street, to reduce the side and rear yard setbacks to construct an accessory structure in the rear yard and increase the minimum building depth requirement, and an increase in the maximum area for a two tier deck, to permit the construction of a second storey, a two-storey addition at the rear of the dwelling a two level rear deck, be approved. Variance Number 1: By-Law Number 8499: Requirement: Proposed: Variance Requested: Variance Number 2: By-Law Number 8499: Requirement: Proposed: Variance Requested: Variance Number 3: By-Law Number 8499: Requirement: Proposed: Variance Requested: Section 5.17 Accessory Building 1.2 metres 0.6 metres 1.2 metres 6.3(g)(ii) Maximum Permitted Residential Building Depth 12.2 metres 14.7 metres 2.5 metres Section 5.8(c) Projections in to Yards (Deck) 30 square metres 50 square metres 20 square metres Approval of the foregoing variances shall be subject to the following conditions: 1. Limitation That the approved variances apply only to the second storey, two-storey addition, twostorey rear deck and accessory shed as per the plans attached to the Notice of Decision. Committee of Adjustment Meeting Number 10 September 25,

3 Report to Committee of Adjustment September 25, 2017 Page 3 of No Adverse Impacts The owner/applicant shall demonstrate to the satisfaction of the City that there are no adverse impacts on neighbouring properties as a result of any modifications to on-site grading or drainage. 3. Building Permit Application Requirements The owner/applicant shall provide to the Building Division a copy of the decision of the Committee of Adjustment, together with a copy of the approved drawings, and Archaeological Assessment when they make an application for a Building Permit. The drawings submitted with the Building Permit application must, in the opinion of the City, conform to the general intent and description of the approved drawing(s), including any amendments and conditions approved by the Committee of Adjustment, as stated in the decision. It must be noted that additional planning approvals may be required should further zoning deficiencies be identified through the Building Permit application process. 4. Archaeological Assessment An Archaeological Assessment (beginning with a Stage One Assessment) and any subsequent or supporting studies are required on the property prior to the issuance of a Building Permit, as the site falls under several of the criteria for archaeological potential. Any area of development or site alteration, including access routes, on lands containing archaeological resources or areas of archaeological potential will need to be assessed by an archaeologist licensed in the Province of Ontario. The applicant shall contact the Planning Division to confirm their requirements for approval of this condition. Two (2) copies of the study and all relative information shall be provided to the Building Division. The report shall be registered with the Ministry of Tourism, Culture and Sport or an acceptance letter shall be obtained by the Ministry prior to the issuance of a Building Permit. The City relies upon the report of the professional archaeologist as filed, but reserves the right to require further reports should further evidence be uncovered. The applicant may be required to further review the state of archaeological resources on the property depending on the recommendations of the report and subject to input and review from the Ministry of Tourism, Culture and Sport. The City shall not be restricted in its ability to determine requirements related to review, assessment and/or protection should archaeological resources be found on site. Any costs arising from such requirements of the City, or any other duly authorized Government body, shall be borne solely by the applicant. Committee of Adjustment Meeting Number 10 September 25,

4 Report to Committee of Adjustment September 25, 2017 Page 4 of Archaeology 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 10 September 25,

5 Report to Committee of Adjustment September 25, 2017 Page 5 of 13 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 10 September 25,

6 Report to Committee of Adjustment September 25, 2017 Page 6 of 13 Options/Discussion: On July 25, 2017, a Minor Variance application was submitted by David Southall on behalf of the owners David and Laura Southall, with respect to the property located at 319/396 Dundas Street. The applicant is requesting to reduce the side and rear yard setbacks to construct an accessory structure in the rear yard and to increase the maximum building depth requirement, to permit the construction of a two storey addition at the rear of the dwelling. An additional variance is required to increase the maximum area provision to allow a two level rear deck. In support of the application, the applicant has submitted the following: Site Plan (Exhibit C); Existing Floor Plan (Exhibit D); and Proposed Floor Plan (Exhibit E). 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 south side of Dundas Street between Napier Street and Regent Street. The 401 square metre parcel of land has 12 metres of road frontage on Dundas Street. The site is developed with a two unit dwelling addressed as 96 Dundas Street. 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 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 such, the proposal conforms to and is consistent with the PPS. Committee of Adjustment Meeting Number 10 September 25,

7 Report to Committee of Adjustment September 25, 2017 Page 7 of 13 Official Plan The subject property is designated Residential. The residential use of the property will be unaltered by the proposed development. The proposal is of a scale that is consistent with the existing development. The purpose and intent of the Residential designation is maintained by the proposal. The impact of the proposal and the requested variance is deemed minor, and are therefore not subject to a zoning by-law amendment application process. In considering whether the proposal is desirable, the Committee of Adjustment will have regard for the requirements included within the Official Plan, specifically Section The Residential designation aims to minimize impacts on abutting properties and those within the surrounding neighbourhood, by ensuring land use compatibility, providing appropriate separation distances and integrating design considerations as per the Urban Design policies of Section 8 of the Official Plan. The proposal includes a second storey and a two-storey rear addition which is to provide additional living space for the conversion of a two unit dwelling to a single family dwelling. The neighbourhood is developed with a mix of one and two-storey dwellings containing a mix of one and two-family dwellings. The proposal is in keeping with the built form of the neighbourhood. Given the scale of this proposal, the requested variances are not anticipated to have an adverse effect on the surrounding buildings. Existing side yard parking and rear yard amenity space will be maintained. This property is not listed or designated, nor is it adjacent to a listed or designated property. It is not on the City's internal master list. The property is in an area of "composite archaeological potential" therefore a minimum stage 1 assessment will be required prior the issuance of a Building Permit. The intent of the Official Plan is met, as the proposal will provide additional living space for the intended single family dwelling that is located within the Urban Boundary, fully serviced by municipal infrastructure and not designated under the Ontario Heritage Act nor listed on the City of Kingston Heritage Properties Register. 2) The general intent and purpose of the zoning by-law being varied is maintained The subject property is zoned A One and Two-Family Dwelling in the City of Kingston Zoning By-Law Number 8499, as amended. The A zone permits a one or two-family dwellings subject to minimum lot area requirements. Based on the minimum lot area requirement, the 401 square metre parcel of land permits a single family dwelling, therefore the conversion from a two-family dwelling to a single family dwelling will bring the use into compliance with the A zone. The current one-storey dwelling complies with the setback requirements in the A zone. The owner proposes to construct a full second storey over the existing dwelling. The second storey addition will comply with the setback requirements in the A zone. Committee of Adjustment Meeting Number 10 September 25,

8 Report to Committee of Adjustment September 25, 2017 Page 8 of 13 A two-storey addition is proposed at the rear of the dwelling which will provide additional living space for the single family dwelling. The addition will project an additional 3.6 metres from the rear wall of the existing dwelling resulting in a dwelling that is 14.7 metres in depth. The A zone restricts the maximum building depth as per Section 6.3(g)(ii). Zoning By-Law Number 8499 defines building depth as the horizontal distance between the front wall and the rear wall of a building. For the purposes of calculating building depth, the front of the subject building faces Dundas Street. The maximum residential building depth requirement is the average depth of the two adjacent residential buildings. The average building depth between 92 Dundas Street and 98 Dundas Street is 12.2 metres. The proposed building depth of 14.7 metres does not comply with the requirement; therefore, a variance is requested to increase the maximum permitted building depth by 2.5 metres. Based on City mapping (Exhibit G - Dundas Street, Building Depth), the existing building depths along Dundas Street range from 7.29 metres to metres. Therefore the proposed 14.7 metre building depth will be in keeping with the depths of existing dwellings along Dundas Street. The additions will result in a dwelling which is comparable in scale and massing of other one-and-a-half and two-storey dwellings in the neighbourhood. A rear yard will be maintained and will comply with the minimum rear yard setback requirement. A second variance is requested to increase the maximum area of a two tier rear deck. Section 5.8(c) allows a maximum area of 30 square metres for a deck which exceeds 1.2 metres above finished grade. The proposed two tiered deck will be 25 square metres on each level resulting in a total area of 50 square metres. A variance is requested to increase the maximum area from 30 square metres to 50 square metres. The variance is technical in nature as the deck will cover a 25 square metre area of the rear yard however the second tier is required to be calculated. The second tier will not result in any additional lot coverage however it will provide additional floor area. The rear deck will comply with the side and rear yard setback requirements and will extend further into the rear yard than the adjacent residential dwellings to the east and west. The southern fence line is heavily treed which will provide additional screening to the dwelling to the south. Therefore, there will be minimal overlook into abutting yards and dwellings. The owners removed a 24.5 square metre garage which was located along the eastern property line as shown in Exhibit C, to accommodate the proposed rear addition. A variance is requested to reduce the setbacks of an accessory shed in the rear yard from 1.2 metres to 0.6 metres in order to construct a 20.4 square metre utility shed. The intent of the 1.2 metre setback is to provide separation between the accessory structure from the property line for maintenance purposes and adequate drainage along the property line. The rear yard can accommodate the utility shed based on the required 1.2 metre setback however the shed will project further into the rear yard. The owner/applicant is trying to maintain as much of the rear yard for outdoor amenity space. Locating the utility shed in the south east corner will provide the owner with the required separation between the dwelling and the shed while providing access into the rear yard from the driveway and access to the shed from the driveway. The requested 0.6 metre setback will provide access between the structure and the Committee of Adjustment Meeting Number 10 September 25,

9 Report to Committee of Adjustment September 25, 2017 Page 9 of 13 lot line for maintenance and drainage purposes. As per Section 5.8(b), the roof eave and eave trough may project into the required setback however not more than 0.3 metres. All other zoning by-law provisions are complied with. 3) The variance is minor in nature The variances are minor based on the consideration of compatibility and impact onto adjacent properties. The overall scale and massing of the dwelling will be comparable with similar twostorey dwellings in the neighbourhood. The conversion of the two-family dwelling to a single family dwelling will bring the use into further compliance with the zoning by-law. A rear yard and parking in the side yard will be maintained. However, through consideration of impact onto adjacent properties and taking design into consideration, the proposal will not negatively impact the continued use of neighbouring properties as the rear yard has mature trees and the proposed side yard setback exceed the minimum setback requirement. 4) The variance is desirable for the appropriate development or use of the land, building or structure The requested variance will not create any adverse effects on abutting properties as there will be no shadowing, loss of privacy due to intrusive overlook, or increase in levels of noise and loss of environmental damage or degradation. There will be no increase in levels of noise and loss of environmental degradation as no additional units are proposed and parking will be maintained in the interior side yard. A 137 square metre rear yard will be maintained for outdoor amenity space for the residential use. The overall access and functionality of the subject property as a whole will not change, as the primary access to the dwelling will be provided through the main door located at the front of the existing dwelling and sufficient vehicular access will be maintained within the side yard to access the interior side yard parking. The overall scale and massing of the proposed second storey addition and rear two-storey addition are similar to other residential development along Dundas Street. The development maintains site access, a rear yard, parking and security while accommodating the conversion of the dwelling to a single family dwelling. The rear deck will comply with the side and rear yard setback requirements and will extend further into the rear yard than the adjacent residential dwellings to the east and west. The southern fence line is heavily treed which will provide additional screening to the dwelling to the south. Therefore, there will be minimal overlook into abutting yards and dwellings. A 24.5 square metre detached garage which was located along the east property line has been removed in order to accommodate the proposed addition. A new 20.4 square metre accessory shed is proposed in the rear yard to provide storage. Section 5.17 of the zoning by-law requires accessory structures/uses in the rear yard to be 1.2 metres from the side and rear lot lines. The owner is requesting a reduction in the required setback from 1.2 metres to 0.6 metres along the side and rear lot lines. Committee of Adjustment Meeting Number 10 September 25,

10 Report to Committee of Adjustment September 25, 2017 Page 10 of 13 No new units will result from the variance. The subject site will provide the functional needs for the residential development as the rear yard is maintained and parking will be maintained in the side yard. The location and orientation of the accessory shed will provide a usable rear yard and direct access to the shed from both the rear yard and driveway. The overall size and the gross floor area of the dwelling remains similar to dwellings in the neighbourhood as there are a mixture of built forms in the surrounding neighbourhood, including moderately sized two-storey dwellings. The proposed second storey addition and rear addition are appropriate and in keeping with the character of the neighbourhood. The proposed development will not have any adverse impacts on the streetscape, traffic, or on the adjacent properties as the proposed two-storey, rear addition, two-storey deck and accessory shed will be at the rear of the dwelling and will not be visible from the street. The second storey addition or deck will not create any loss of privacy to the residences to the east, south or west that cannot be mitigated. There will be no increase in levels of noise and loss of environmental degradation as no additional units are proposed and parking will be maintained at the side of the dwelling. The owner/applicant is advised that a Building Permit is required for the proposed additions and deck as well as the accessory structure. This property is not listed or designated, nor is it adjacent to a listed or designated property. It is not on the City's internal master list. The property is in an area of "composite archaeological potential" therefore a minimum stage 1 assessment will be required prior to the issuance of a Building Permit. The owner/applicant shall be aware that in order to protect workers and the public, the proponent should be notified that in accordance with Section 30 of the Ontario Occupational Health and Safety Act, Designated Substances and other potentially hazardous building materials must be identified prior to construction or demolition that may disturb such materials. A copy of the report must be provided to the general contractor in advance of the initiation of the subject work, who in turn must submit the report to all subcontractors prior to the commencement of any demolition, construction or renovation work (as defined in the Act). Kingston Hydro has no concerns with the proposal however the applicant will need to submit a service request for disconnect and reconnect of the electric service. The owner will need an electrician to relocate the service mast. An ESA inspection/permit will be required prior to reconnection of the service. Utilities Kingston has no concerns with the proposal however, the owner/applicant may want to replace the existing services to the property. Their records indicate that the water service is a 1 inch copper line from the main to the curb stop and a half inch lead from the curb stop into the building. Also the sanitary lateral is a 4 inch clay tile installed in the 1940 s. The applicant may want to have the sanitary lateral video inspected for condition. It may also be a connection that is shared with the lot beside them (98 Dundas St.). If the applicant decides to upgrade services Committee of Adjustment Meeting Number 10 September 25,

11 Report to Committee of Adjustment September 25, 2017 Page 11 of 13 all costs are to borne by applicant. If they proceed with upgrading their services they will need a Sewer, Water Alteration Permit. If the applicant is increasing the gas load a gas load summary should be filled out and submitted to a Utilities Kingston Service Advisor as well as provided with the application. The applicant is encouraged to contact the Utilities Kingston Conservation Department to discuss their development and inquire as to whether there are any water and electricity conservation incentives and energy saving options available. Please contact us at and say conservation. Technical Review: Circulated Departments and Agencies Building Division Engineering Department Heritage (Planning Division) Finance Utilities Kingston Real Estate & Environmental 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 There were no concerns raised by the technical agencies. Public Comments At the time this report was finalized, there were no written comments or objections received. Previous or Concurrent Applications There are no concurrent or relevant historic planning applications on the subject property. 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, subject to the proposed conditions. Approval of this application will convert a one-storey, two unit dwelling to a two-storey, single family dwelling with a two tiered rear deck and utility shed in the rear yard, in a neighbourhood with a mix of one and two-family dwellings varying in height and length. Committee of Adjustment Meeting Number 10 September 25,

12 Report to Committee of Adjustment September 25, 2017 Page 12 of 13 Existing Policy/By-Law: The proposed application was reviewed against the policies of the Province of Ontario and 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, 2014 Municipal City of Kingston Official Plan, 2010 Zoning By-Law Number 8499 Notice Provisions: A Committee of Adjustment meeting is going to be held respecting this application on September 25, Pursuant to the requirements of the Planning Act, a notice of the 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 of 31 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. If the application is approved, 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 within this report. Committee of Adjustment Meeting Number 10 September 25,

13 Report to Committee of Adjustment September 25, 2017 Page 13 of 13 Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Key Map Public Notice Notification Map Site Plan Existing Floor Plans Proposed Floor Plans Site Photos Dundas Street, Building Depth Committee of Adjustment Meeting Number 10 September 25,

14 CONTEXT MAP 57 SCOTT ST PARK ST CARRUTHERS AVE REGENT ST PORTSMOUTH AVE BATH RD PALACE RD CONCESSION ST PRINCESS ST JOHNSON ST VICTORIA ST PINE ST ALFRED ST DIVISION ST STEPHEN ST YORK ST BROCK ST MONTREAL ST QUEEN ST UNION ST A BARRIE ST KING ST E NAPIER ST DUNDAS ST MACDONNELL ST MACK ST COLLEGE ST Planning, Building & Licensing Services a department of Community Services PREPARED BY: J. Partridge DATE: 9/6/ CO MMITT EE OF ADJU ST MENT KEY MAP Applicant: David Southall Owner: David & Laura Southall File Number: D Address: 96 Dundas Street Metres 1:2, 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 LEGEND Lands Subject to Minor Variance E Committee of Adjustment Meeting Number 10 September 25,

15 SCOTT ST 368 MACDONNELL ST CARRUTHERS AVE COLLEGE ST DUNDAS ST REGENT ST MACK ST NAPIER ST Planning, Building & Licensing Services a department of Community Services BROCK ST CO MMITT EE OF ADJU ST MENT PUBLIC NOTICE NOTIFICATION MAP Applicant: David Southall Owner: David & Laura Southall File Number: D Address: 96 Dundas Street Metres 1:2, LEGEND Lands Subject to Minor Variance 60m Public Notice Boundary Property Boundaries 31 Properties in Receipt of Notice E PREPARED BY: J.Partridge DATE: 9/6/2017 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 10 September 25,

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