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Home My WebLink AboutCSD-18-007 - A 2018-001 - 3310 King St E, Staff Report I .R Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning) — 519-741-2200 x 7844 WARD: 2 DATE OF REPORT: January 9, 2018 REPORT #: CSD -18-007 SUBJECT: Application A2018-001 - 3310 King Street East Applicant — Wesley Hagan, Haganland Comics Owner — Leanne Arnold POA Approved with Conditions RECOMMENDATION That application A2018-001 requesting permission for an existing commercial building to have 50% of the gross floor area (GFA) of a warehouse area for comic book sales rather than the permitted maximum 25%, be approved subject to the following conditions: 1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division; 2. That Site Plan approval to acknowledge parking spaces be obtained from the Planning Division; and, 3. That Conditions 1 and 2 to be completed no later than March 30, 2018. REPORT Planning Comments: The subject property located at 3310 King Street East on the north side of King Street, west of River Road East. It is zoned Arterial Commercial Corridor (C-6) with Special Use provision 180U in the Zoning By-law 85-1. It is designated Arterial Commercial Corridor in the City's 1994 Official Plan and Commercial in the 2014 Official Plan. City Planning staff conducted a site inspection of the property on January 5, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Aerial photo (2016) The building is multi -tenanted and the applicant is one of five existing commercial businesses. The business owner has been operating a comic book warehouse with accessory retail for approximately two years and requires zoning approval for the retail portion of his business in order to obtain a Business License. The variance is to legalize the total area used for accessory retail which occupies 50% of his gross floor area rather than the maximum permitted of 25% accessory sale of comic books. 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 offer the following comments. The property is designated Arterial Commercial Corridor in the City's 1994 Official Plan and designated Commercial in the 2014 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead policies from the 1994 Official Plan are being reviewed. Permitted uses in the Arterial Commercial Corridor designation provide for specialized products or services to persons coming to the site and are best located on Primary or Secondary Arterial Roads. The comic book warehouse and accessory sales use targets a specific clientele and the property is located on a primary road. Therefore, the proposed variance meets the general intent of the Official Plan and conforms to the designation. It is the opinion of staff that the requested variance is appropriate. View from King Street The proposed variance meets the intent of the Zoning By-law and can be considered minor for the following reasons. The intent of the regulation on maximum area used for accessory retail is to ensure that general retail uses are not the dominate use in the Service Commercial zone which is meant to provide service type uses for the community. Comic book sales are a specific retail item and do not draw large numbers of clients at any one time to the property. As well, the nature of the business requires a large floor area to display the goods as well as warehouse them. Based on the above, staff is of the opinion that the intent of the by-law is being maintained and that the variance is minor. The variance is appropriate for the development and use of the land. It is noted that the comic book warehouse with accessory retail has existed for at least two years as the uses are permitted. The variance to the retail floor area regulation is required in order that zoning compliance can be given for a Business License. There have been no concerns or complaints received in regards to the use. The requested variance should not impact the existing character of the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined above in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services has no concerns with this application. Engineering Comments: No Concerns. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo January 02, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): 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. 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, .::� ��. I 1__� DOCS: 2598488 Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat Avenue GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.