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HomeMy WebLinkAboutCSD-18-031 - A 2018-008 - 1087 Weber St E, Staff Report I .R Community Services Department wm kitcheneua REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: RECOMMENDATION Committee of Adjustment February 201h, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Technical Assistant — 519-741-2200 ext. 7843 2 February 13th, 2018 CSD -18-031 A2018-008 — 1087 Weber Street East Applicant — Ming Cheng Approve with Conditions That application A2018-008 requesting permission to locate a financial establishment in an existing commercial/residential dwelling having a lot width of 12.3 metres rather than the required 16 metres; a westerly side yard setback of 0.6 metres rather than the required 3 metres; an easterly side yard setback of 1.8 metres rather than the required 3 metres; a rear yard setback of 6 metres rather than the required 7.5 metres; and, a front yard setback of 4.5 metres rather than the required 6 metres be approved, subject to the following conditions: 1. That a building permit is obtained from the Building Division to address the conversion of the building from a residential use to a commercial use. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Financial Establishment use on the property. 3. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 4. That a sign permit is obtained from the Planning Division for the existing ground - supported and fascia signs on site. 5. That a business license is obtained for the Financial Establishment from the Licensing Division to the satisfaction of the Manager of Licensing. 6. That all conditions shall be completed prior to August 31St, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. oT7 REPORT 10S3 Location Map: 1087 Weber Street East 1095 Planning Comments: The subject property is zoned Arterial Commercial (C-6) in the Zoning By-law 85-1, designated Commercial in the 2014 Official Plan, and Mixed Use Node in the 1994 Official Plan. City Planning staff conducted a site inspection of the property on January 26th, 2018. The applicant is requesting permission to legalize the setback and lot width regulations for an existing building to be used as a commercial financial establishment with one dwelling unit. The applicant is requesting relief from section 12.2.1 of the Zoning By-law to allow for a lot width of 12.3 metres rather than the required minimum lot width of 16 metres, a left yard setback of 0.6 metres rather than the required minimum setback of 3 metres, a right yard setback of 1.8 metres rather than the required minimum of 3 metres, a rear yard setback of 6 metres rather than the required minimum of 7.5 metres, and a front yard setback of 4.5 metres rather than the required minimum of 6 metres. 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 subject property is designated Commercial in the current Official Plan (2014), and Mixed Use Node in the previous Official Plan (1994). The policies for Commercial land use designations in the 2014 Official Plan are under appeal. As a result, staff will be relying on the Mixed Use Node policies in the 1994 Official Plan to determine conformity. The provisions of the Mixed Use Node designation in the 1994 Official Plan generally favour the mixing of residential units within commercial developments, and achieving built form that is compatible with low rise residential development. Staff is of the opinion t 099 , Planning Comments: The subject property is zoned Arterial Commercial (C-6) in the Zoning By-law 85-1, designated Commercial in the 2014 Official Plan, and Mixed Use Node in the 1994 Official Plan. City Planning staff conducted a site inspection of the property on January 26th, 2018. The applicant is requesting permission to legalize the setback and lot width regulations for an existing building to be used as a commercial financial establishment with one dwelling unit. The applicant is requesting relief from section 12.2.1 of the Zoning By-law to allow for a lot width of 12.3 metres rather than the required minimum lot width of 16 metres, a left yard setback of 0.6 metres rather than the required minimum setback of 3 metres, a right yard setback of 1.8 metres rather than the required minimum of 3 metres, a rear yard setback of 6 metres rather than the required minimum of 7.5 metres, and a front yard setback of 4.5 metres rather than the required minimum of 6 metres. 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 subject property is designated Commercial in the current Official Plan (2014), and Mixed Use Node in the previous Official Plan (1994). The policies for Commercial land use designations in the 2014 Official Plan are under appeal. As a result, staff will be relying on the Mixed Use Node policies in the 1994 Official Plan to determine conformity. The provisions of the Mixed Use Node designation in the 1994 Official Plan generally favour the mixing of residential units within commercial developments, and achieving built form that is compatible with low rise residential development. Staff is of the opinion that the proposed variance aligns with these policies and therefore meets the general intent of the Official Plan. 2. The requested variances for rear, side and front yard setbacks meet the intent of the Zoning By-law. The intent of the minimum yard setback requirements is to ensure that there is adequate separation of commercial buildings to adjacent properties and to ensure that there is enough space on site for a commercial business to function. In this situation, the primary building on site was built as a residence and has been existing in that location since prior to 1960. Staff believes that using the existing building with deficient yard setbacks for a Financial Establishment (a permitted use in the C-6 zone) will not have an adverse impact on adjacent commercial properties and that the site will be able to function adequately as a commercial business. Therefore, Staff is of the opinion that the requested variances for reduction in yard setbacks meet the intent of the Zoning By-law. The intent of the regulation that requires 16 metres of lot width in the C-6 Zone is to ensure that site functionality can be maintained and that there is adequate space for parking. In order to address these issues, the applicant is proposing to locate the required parking stalls at the rear of the property which can be accessed from a rear yard laneway. The applicant has provided a proposed site plan drawing (shown below) showing the proposed parking spaces. Establishing these parking spaces through a site plan application is a condition of this variance application. Planning staff believes that the intent of the Zoning By-law will be maintained as parking and site functionality can be sustained. VVEBER STREET EAST 0 ward[ I I I I T L_... Rear Yard Laneway Proposed Site Plan View of Existing Building 3. The proposed variances are considered appropriate for the development and use of the lands. The use of the property as a Financial Establishment is a permitted use in the C-6 zone, and all requested variances represent the size of lot and placement of buildings that have existed for over 50 years. The applicant is not proposing to expand the size or scale of any buildings on the property. 4. The variances are considered minor because the deficiencies of lot width and yard setbacks are slight and staff believes there will not be any major impacts to adjacent land owners. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided any renovations or change of use (ie. Residential to office) to existing building is under building permit. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Eric Schneider, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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.