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HomeMy WebLinkAboutCSD-18-034 - A 2018-011 - 241-247 Ottawa St SStaff Report KZTCHF':R Community Services Department wmkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 9 DATE OF REPORT: February 13, 2018 REPORT #: CSD -18-034 SUBJECT: Application A2018-011 - 241 — 247 Ottawa Street South Applicant — Thomas Tran Owner — Edmund Kent Jr Approved with Conditions L A l kAdw Photo 1: Aerial (2017) *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. RECOMMENDATION That application A2018-011 requesting permission for the existing commercial building to have a personal service use with a minimum of 141 square metres of office use rather than the required 4700 square metres of office use; for a personal service use to occupy 50% of the commercial space rather than the maximum 20%; to legalize the building at the rear of the property having an easterly side yard setback of 0.1 metres rather than required 1.2 metres; and, a rear yard setback of 0.06 metres rather than the required 7.5 metres; to legalize the existing stairs and platform to be located 0 metres from the easterly lot line rather than the required 0.75 metres; and, to permit 2 off-street parking spaces for the business to be located in tandem whereas the By-law requires parking spaces for businesses to be independently accessible, be approved subject to the following conditions: That a Zoning (Occupancy) Certificate is obtained from the Planning Division for any business proposed for the commercial building; 2. That Site Plan approval is obtained from the Planning Division; and that it notes that the tandem parking spaces are to be utilized by the employees; 3. That an encroachment agreement is obtained for the stairs, platform, steel beam and detached shed located on City lands or that the encroaching items be removed from the City owned lane; 4. That a building permit be obtained from the Building Division for the renovation of the building in the rear yard; and, 5. That the Conditions noted above be completed no later than May 31, 2018. REPORT Planning Comments: The subject property located at 241 — 247 Ottawa Street South on the south side of Ottawa Street, west of Courtland Avenue East. It is zoned CR -1 (Commercial -Residential One) in By- law 85-1 and is designated Low Density Commercial Residential in the Mill Courtland Woodside Park Secondary Plan of the City's 1994 Official Plan. City Planning staff conducted a site inspection of the property on February 7, 2018. There are two buildings located on the property. The building at the front contains two dwelling units and has recently gone through the building permit process to legalize the use. The building at the back is a two to three storey commercial building that was previously used for a legal non- conforming use of production and sale of signs. Photo 2: View from Ottawa Street (with City -owned lane to left of building) 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. The property is designated Low Density Commercial Residential within the Mill Courtland Woodside Park Secondary Plan of the City's 1994 Official Plan. The designation recognizes existing areas of small-scale commercial and residential development as well as allowing for low rise, low density redevelopment of such areas with commercial and residential uses and permitting commercial uses with a limited amount of personal services. The requested variances are appropriate and continue to maintain the mixed use character of the property and surrounding neighbourhood. The proposed variance meets the general intent of the Official Plan and therefore it is the opinion of staff that the requested variance is appropriate The applicant proposes variances to permit the personal service use as outlined above. The intent of restricting the area of a personal service use to 20% of the gross floor area of the building is to encourage mixed residential -commercial buildings that are developed with an appropriate balance between residential and commercial for the property and surrounding area. The proposed gross floor area for the spa will meet a regulation that states that it be less than 550 sq.m. The conversion of the building from legal -conforming manufacturing of signs to a mix of personal service and office uses meets the general intent of the Zoning By-law and can be considered minor. The proposed variance to permit two parking spaces to be in tandem meets the general intent of the Zoning By-law and can be considered minor. The two tandem parking spaces shown on the submitted plan as spaces #1 and #2 are to be for the use of employees only. As these spaces can be monitored and controlled for employee use only, there would be no inconvenience to the clients using the building. Transportation Planning staff is in support of this variance and requests that the spaces be noted and signed for employees. This request can be a condition of the Site Plan approval (Condition #2 noted above). The proposed variances to the setbacks of the building in the rear yard meet the general intent of the Zoning By-law and are considered minor. The variances are to acknowledge a building that has existed prior to 1964 (as shown on the survey for the property). As the previous use of the building was legal non -conforming manufacturing, the setbacks were also considered legal non -conforming. The variances are to legalize the existing building only for the conversion to permitted uses in the CR -1 zone. There are very few windows or doors facing the rear or side lot line and therefore tenants of the building will not negatively impact the use of the abutting properties by having a view over the adjacent lands. As noted previously, the building has existing at least 50 years and there have been no complaints received. Therefore, based on above comments, staff is of the opinion that the building setback variances are appropriate. Photo 3: Commercial building in rear yard (with stairs/landing/shed over City lane) J As noted on the 1964 survey, the steps, platform and a steel beam encroach onto City lands which were formerly a travelled lane leading behind the houses on Courtland Ave and Lilac Street. The lane still belongs to the City and there is no record of an encroachment agreement for the structures shown on the survey. As well, a site visit discovered a detached shed located on the lane (see photo 2) and was advised by the applicant that it was used for storage. It is recommended that as a condition, all structures located on City lands obtain approval through an encroachment agreement with the City or be removed from the lane. All variances noted above are appropriate for the development and use of the land. The personal service use will be located in a building on a property in a zone that permits the redevelopment for a mix of commercial and residential uses and is more appropriate that the previous legal non- conforming use of manufacturing. The parking variance for two tandem spaces is for employees only. The building setback variances acknowledge the existing building only. It is staffs opinion that the variances will not negatively impact the existing character of the property or the surrounding streetscape. 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. Photo 4: View from Ottawa Street (with driveway for duplex use to the right of dwelling) Building Comments: The Building Division has no objections to the proposed variance provided any renovations or change of use (i.e.: residential to retail) to existing building is under building permit. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services would support this application subject to the following condition: Parking space #1 to be utilized by the employees. This should be noted on the site plan Engineering Comments: No concerns. Heritage Planning Comments: No heritage planning concerns. Policy Planning (Secondary Plan): The subject properties are located within the Mill Courtland Woodside Park Secondary Plan. The City will be commencing a secondary plan review in the future. The land use and zoning of the properties are subject to change. For more information, please contact Lauren Nelson, Planner (Policy), by phone (519-741-2200 ext. 7072) or by email (lauren.nelson(a)kitchener.ca) Special Policy Area #58 provides the interim policy direction for how development applications will be evaluated until such time as the City completes the PARTS implementation process. The subject site is within the Focus Area for intensification and as such, the associated policies should in part inform the `intent of the Official Plan' consideration of the minor variance. Environmental Planning Comments: As no new construction is proposed we have no concerns. Sheryl Rice Menezes, CPT Planning Technician (Zoning) 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.