HomeMy WebLinkAboutCSD-10-075 - Temporary Occupancy Request - 123 Victoria St NREPORT TO:Community & Infrastructure Services Committee
DATE OF MEETING:
December 13, 2010
SUBMITTED BY: Alain Pinard, Interim Director of Planning
PREPARED BY:
Sheryl Rice, Development Technician – 519-741-2844
WARD(S) INVOLVED: Ward 10
DATE OF REPORT:
December 7, 2010
REPORT NO.: CSD-10-075
SUBJECT:
TEMPORARY OCCUPANCY REQUEST
123 VICTORIA STREET NORTH
MICHELLE BROEGE
Subject Property
RECOMMENDATION:
That the request for temporary occupancy to permit a duplex use at 123 Victoria Street
North be approved subject to the following conditions:
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1. That enforcement of the City’s Zoning By-law be waived with respect to a
duplex use within a building existing on December 13, 2010,
2. That the owner removes the duplex use in the event the City-initiated Zone
Change (ZC09/06/COK/HH) to permit duplex uses on the subject lands is
not approved; and further;
3. That in the event of failure to vacate, the City’s Municipal By-law
Enforcement Officer be directed to commence notice of action to remove
the illegal use and that any work done to the premises be at the sole risk
and responsibility of the owner in the event losses are incurred as a result
of final disposition of this application.”
REPORT:
The subject property is located on the south side of Victoria Street North between Weber and
Water Streets. The property is currently zoned CR-3 (Commercial Residential Three) which
does not permit duplexes. The building is two storeys in height and in the past it has been
occupied as a legal non-conforming duplex use. Though the building has not been altered, the
second unit has not been occupied for more than 10 years and has lost its legal non-conforming
status as a duplex use.
The attached letter requests Council’s consideration for temporary occupancy for a duplex use
in the existing building. The current owner is selling the house and the proposed purchaser
wishes to have the building occupied as a duplex use. The lands are designated as “Mixed
Use Corridor” in the City’s Civic Centre Neighbourhood Secondary Plan, which is intended to
“provide residential redevelopment opportunities together with appropriate commercial and
institutional uses that primarily serve adjacent residential neighbourhoods.”
Staff also notes that no structural changes to the building or additions are proposed.
As the Commercial Residential Three zone (CR-3) does not permit duplex uses, permission for
temporary occupancy has been requested by the owner to allow for the use as a duplex prior to
the passing of a city-initiated zone change to implement the Mixed Use Corridor (MUC) polices
which will permit the duplex use.
In accordance with Council Policy I-1155 concerning Temporary Occupancy, staff considered
the temporary occupancy for the duplex use based on the following criteria:
1. A City initiated Zone Change (ZC09/06/COK/HH) is currently being processed, and is
expected to be considered by Council in 2011;
2. The proposed duplex use is permitted by the City’s Municipal Plan “Mixed Use
Corridor” designation;
3. Appropriate resolutions concerning time limits, risk and responsibility for vacating the
premises are included in the recommendation; and
4. No building permit is required.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This proposal supports appropriate development which is one of the Community Priorities in the
City of Kitchener Strategic Plan.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNITY ENGAGEMENT:
Specific public notice of the request for temporary occupancy is not required. Public notice will
be given in accordance with the Planning Act with respect to the proposed City-initiated Zone
Change for the Mixed Use Corridor zoning along Victoria Street North.
CONCLUSION:
Staff recommend that the temporary occupancy request to permit a duplex use at 123 Victoria
Street North be approved subject to the recommended conditions, as the proposal meets all of
the criteria of Council Policy I-1155.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Jeff Willmer, Interim Deputy CAO
Community Services Department
Attachments:
- Letter of Request
- Council Policy I-1155
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