HomeMy WebLinkAboutCA - 2017-12-12 - A 2017-120 - 356 Arnold St
REPORT TO: Committee of Adjustment
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DATE OF MEETING: December 12, 2017
SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY: April Best-Sararas, Planning Student 519-741-2200 ext. 7074
APPLICATION #: A2017-120
ADDRESS: 356 Arnold Street
PROPERTY OWNER: Ronald Henry Schaeffer
SUMMARIZED
RECOMMENDATION: Approve with conditions
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DATE OF REPORT: November 29, 2017
____________________________________________________________________
Subject Lands
Location Map: 356 Arnold Street
REPORT:
Planning Comments:
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, 2017. The
City Planning staff conducted a site inspection of the property on November 28
subject property is located at 356 Arnold Street and is designated General Industrial in the North
Ward Secondary Plan, and zoned General Industrial Zone (M-2) in Zoning By-law 85-1. The
lands currently contain a single detached dwelling in poor condition, and the applicant is
proposing to demolish the existing dwelling and construct a Tradesman or Contactor’s
Establishment in the future on an existing lot that has deficient lot width. As such, the Owner is
requesting relief from Section 20.3.1 to legalize the existing lot width to allow a Tradesman or
Contactor’s Establishment to be constructed on a lot with a width of 13.91 metres (45.64 ft),
whereas 15.0 metres (49.21 ft) is required.
The proposed development will be subject to Site Plan Approval under Section 41 of the
Planning Act to the satisfaction of the City’s Director of Planning.
Existing lot and single detached dwelling at 356 Arnold Street
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments:
1. The subject property is designated General Industrial in the North Ward Secondary Plan.
It is Planning staff’s opinion that the proposed variance meets the general intent of the
North Ward Secondary Plan policies, which encourages a range of industrial uses including
industrial businesses, technical businesses, repair services, and those uses related to the
service or repair of motor vehicles. The minor change will increase conformity to the
General Industrial designation of the property and surrounding neighbourhood.
2. The requested variance to reduce the minimum lot width from 15.0 metres to 13.91 metres
meets the general intent of the Zoning By-law. The intent of the 15.0 metre minimum lot
width is to provide larger lots, as well as ensure the lot is large enough to accommodate a
sufficient building envelope. Because the lot is an existing lot of record developed with an
existing single detached dwelling, Staff is satisfied the reduction of 1.09 metres in lot width
is compatible with the neighbourhood and is sufficient for a building envelope.
3. The variance can be considered minoras the reduced lot width will not present any
significant impacts to adjacent properties and the overall neighbourhood. The purpose of
the variance is to legalize an existing condition in order to facilitate the construction of a
Tradesman or Contractor’s Establishment in the future. As such, the impact of the
variance will be negligible.
4. The proposed variance is appropriate for the development and use of the land as the
proposed Tradesman or Contractor’s Establishment is a permitted use in the Zoning By-
law. Once the development concept is finalized, the plan will be reviewed to ensure all
applicable regulations are met; otherwise, a subsequent minor variance application will be
required and evaluated accordingly.
Based on the above comments, staff is of the opinion that the variance requested is minor,
meets the general intent of the Zoning By-law and Official Plan, and is appropriate for the lot
and surrounding neighbourhood.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit be
obtained for the proposed tradesman or contractor’s establishment. A separate building permit will
also be required for the demolition of the existing single detached dwelling. Please contact the
Building Division @ 519-741-2433 with permit requirements and any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Environmental Planning Comments:
As no new development is proposed, Environmental Planning has no concerns.
Heritage Comments:
No cultural heritage issues or concerns.
Ministry of Transportation Comments:
MTO have no objection to the proposed change which will permit a tradesman or contractors
establishment on the subject lands.
Please be informed that MTO sign permits are required prior to installation. MTO permit
applications are available at the following link:
https://www.hcms.mto.gov.on.ca/
RECOMMENDATION:
That minor variance application A2017-120 requesting relief from 20.3.1 to legalize the existing
lot width of 13.91 metres (45.64 ft), whereas 15.0 metres (49.21 ft) is required, be approved,
subject to the following conditions:
1. That the Owner obtains building permits for demolition of the existing single detached
dwelling, and construction of a Tradesman or Contractor’s Establishment to the
satisfaction of the Chief Building Official.
2. That the Owner receives a Demolition Control Permit in accordance with the City’s
Demolition Control By-law to the satisfaction of the Director of Planning.
3. That a Zoning (Occupancy) Certificate is obtained from the Planning Division for the
Tradesman or Contractor’s Establishment.
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
November 27, 2017
Holly Dyson
City of Kitchener
200 King Street West File: T 15-40/VAR KIT GEN
P.O. Box 1118 (4 & 5) /53 Fairway, Fusion Homes
Kitchener, ON N2G 4G7 (10) /VAR KIT, Madison Avenue
Development, 51 & 53 David St
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on December 12, 2017, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 25 Breithaupt Street (SG 2017-018): No concerns.
2. 356 Arnold Street (A 2017-120): No concerns.
3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the
owner(s) please be made aware that these lands are subject to all provisions of
the Federal Airport Zoning Regulations, being located in the outer surface of the
Region of Waterloo International Airport.
4. 2 Valleybrook Drive (A 2017-122): No concerns.
5. 18 Valleybrook Drive (A 2017-123): No concerns.
6. 6 Catalina Court (A 2017-124): No concerns.
7. 45 Highgate Road (A 2017-125): No concerns.
8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns.
9. 46 Cherry Street (A 2017-127): No concerns.
10. 51 David Street (A 2017-128): No concerns.
11. 156 & 158 Donald Street (A 2017-129): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
DOCS: 2566097
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Holly Dyson
From:Morrisey, John (MTO) <John.Morrisey@ontario.ca>
Sent:27 November, 2017 11:10 AM
To:Holly Dyson
Cc:Pastor, Tracy (MTO); Heathers, Lukas (MTO)
Subject:
A 2017-120 256 Arnold Street
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