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HomeMy WebLinkAboutCSD-18-038 - A 2018-015 - 298 Mill St�, Staff Report ITc� R Community Services Department wm kitchenerca 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: Brian Bateman, Senior Planner— 519-741-2200 ext. 7869 WARD: 9 DATE OF REPORT: February 8, 2018 REPORT #: CSD -18-038 SUBJECT: Application A2018-015— 298 Mill Street Owner— Anna K. Marshall Holdings Approved with Conditions t RECOMMENDATION ki Subject Property That application A2018-015 requesting relief from Section: 5.13.4 f) to allow an accessory building to have a artisans studio on the upper level with a floor area of 66 square metres instead of the required 15 square metres for a home occupation; Section 5.5 b) to allow *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. an accessory building to have a building height of 8 metres to the underside of the fascia instead of 3 metres; Section 5.3 to legalize the existing porch that is located within the daylight visibility triangle and Section 44.3.4 to legalize a front yard setback of 1.47 metres rather than the required 4.5 metres, be approved subject to the following conditions: 1. A Building Permit is obtained from the City's Building Division by December 31, 2018 to the satisfaction of the Chief Building Official. 2. An Occupancy Permit is obtained for the artisan's studio to the satisfaction of the Director of Planning. REPORT Planning Comments: The subject property located at 298 Mill Street is zoned Commercial Residential One (CR -1) in Zoning By-law 85-1 and designated Low Density Commercial Residential in the City's Official Plan (Mill Courtland Secondary Plan). The applicant is proposing to erect a second level building addition to an existing detached structure and use the second level for an artisan's studio as an expanded home occupation use. At the same time, the applicant is requesting to legalize existing building setbacks that are deficient due a road widening land dedication. City Planning staff conducted a site inspection of the property on February 1, 2018. 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 provides the following comments. The subject property is designated Low Density Commercial Residential with Special Policy Area 1 in the City's 1994 Official Plan (Mill Courtland Secondary Plan). During the review of the City's new Official Plan, the Secondary Plans were deferred to allow for completion of neighbourhood -specific land use reviews. Therefore, the 1994 Official Plan designation is in effect. The intent of the Low Density Commercial Residential designation is to recognize existing areas of small scale commercial and residential development as well as to allow for the low rise, low density redevelopment of such areas with commercial, institutional and residential uses. This designation is also intended to create transitional or buffer areas between some industrial and surrounding residential areas. Permitted residential uses in this designation include single detached dwellings, semi-detached dwellings, duplex dwellings, and multiple dwellings. Special Policy Area 1 recognizes the dispersal of existing industrial uses along the north side of Mill Street that also interface with existing residential properties. As the policies support existing residential uses and home occupation is complimentary to residential uses, staff is of the opinion that the variances meet the general intent of the Official Plan. 2. The requested variance to allow for an increase in the amount of floor area for an artisan's studio in a detached structure as a home occupation and to allow for that detached structure to have a height of 8 metres instead of 3 metres to the underside of the fascia is in keeping with the general intent of the Zoning By-law at this location. The detached structure will function as a garage for two cars on the ground level and the upper level will contain the artisan's studio. The footprint of the building is proposed at 66 square metres, which is fairly large. However, this property has a deep lot (63 plus metres) that backs onto an industrial area and sides onto a private road access that provides vehicular access to the industrial property to the rear. The detached building is setback 30 plus metres from the street line and 12 metres from the existing duplex. As such, staff is the opinion that given the depth of the property, the surrounding context and the fact that a studio is a permitted use within the CR -1 list of permitted uses, any impacts will be minimal. The variances for the front yard setback and encroachment within the DVT are technical in nature to address the fact that a road widening has been taken and the property line is closer to existing duplex with an attached porch as a result. Therefore, the variances to legalize a non -complying situation due to a road widening are also maintaining the overall intent of the Zoning By-law, and will likely have little to no impact to the neighbourhood as it exists today. 3. The requested variances are minor and appropriate for the development and use of the land. As mentioned above, the lot depth is quite large and a larger detached structure would not look out of character and due to the surrounding context, will not be impactful to the neighbourhood. To put this into perspective, the Zoning By-law allows up to 15% lot coverage for a detached structure in a residential zone whereas this represents only 9% coverage. Moreover, a studio is a permitted use under the CR -1 zone although it falls under the home occupation regulation in this circumstance because it is subordinate to the principle use of the property which is a duplex. 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 a building permit be obtained for the second storey addition and front yard front porch addition for the single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: As the driveway visibility triangle would not be impacted significantly by the porch, Transportation Services have no concerns with the proposed application. Engineering Comments: No concerns. Heritage Comments: No heritage planning concerns. Note that the subject property is 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 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: No concerns. Brian Bateman, MCIP, RPP Senior Planner 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.