HomeMy WebLinkAboutCSD-18-073 - A 2018-031 - 20 Hurst Avenue, Unit 1J
Staff Report
KITc�►��T�R Community Services Department www.kitchenerca
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
9
Committee of Adjustment
April 17, 2018
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Sheryl Rice Menezes, Planning Technician (Zoning)
— 519-741-2200 x 7844
9
April 10, 2018
CSD 18-073
Application A 2018-031 — 20 Hurst Avenue
Applicant — Thompson Tran
Owner — Hanover Storage Inc.
Approved with Conditions
Photo 1: Aerial
*** 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 A2018-031 requesting permission to permit manufacturing and
accessory retail uses within the area of the building zoned Existing Use (E-1) whereas
the By-law currently permits only a warehouse use in the E-1 zoned area of the property;
be approved subject to the following conditions:
1. That a Zoning (Occupancy) Certificate is obtained for the proposed business from
the Planning Division;
2. That Site Plan approval for parking layout is obtained from the Planning Division;
3. That a building permit is obtained from the Building Division; and,
4. That the Conditions noted above be completed no later than September 1, 2018.
Photo 2: view from Kent Avenue.
REPORT
Planning Comments:
The subject property located at the northwest corner of Kent and Hurst Avenues. The majority
of the building is located within the M-2 (General Industrial) Zone, with special provisions 1R
and 159U; however, a small portion of the building and most of the parking area are zoned E-1
(Existing Use) in By-law 85-1 (see Photo #1: aerial). The property is designated General
Industrial and Open Space in the Mill Courtland Woodside Park Secondary Plan in the City's
1994 Official Plan. City Planning staff conducted a site inspection of the property on April 5,
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 offers the following comments.
The request meets the general intent of the Official Plan. The subject property has two
designations: General Industrial and Open Space. The requested variance is for a small portion of
the building that is located in the E-1 zone and has a designation of Open Space. The
designation permits all legally existing uses that were established in 1994 when the zoning was
applied to the lands. For this portion of the building, the use on file at that time was `warehousing'.
However, the Open Space designation does permit alternate uses provided that the uses are
compatible with the surrounding land use; are not a concern with respect to increased risk to life or
property and are not a specific prohibited use, such as new dwelling units. Using the E-1 portion of
the building as manufacturing and accessory retail uses will be compatible with the use already
established in the M-2 zoned portion of the building. In addition, the use must receive approval
from the Grand River Conservation Authority and they have confirmed that there are no objections
to this application.
The requested variance meets the general intent of the Zoning By-law and can be considered
minor. The proposed request is for a small portion of the building. The remainder of the building
currently permits manufacturing and accessory retail uses in the M-2 zone, provided all regulations
are met. The new tenant wishes to renovate Unit 1 and locate a commercial kitchen in the area
zoned E-1 to better optimize the use of his unit. The request will not impact surrounding properties
in the neighbourhood as a manufacturing use (making beer kits and brewing beer) was previously
established in the M-2 zone portion of the unit and the proposed use is the manufacturing of food.
Therefore this request may be considered minor.
The request is appropriate development for the subject lands and surrounding area. The use of
manufacturing and accessory retail is already established is the M-2 zoned portion of the existing
building by a previous tenant. This request to add a use will not change how the building is used
nor will it impact what the public views from outside the building.
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 3: view of Unit 1 from City trail to north of property.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit is
obtained for the proposed interior renovations and change of use. 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.
Engineering Comments:
No concerns.
Heritage and Policy Planning Comments:
Note that the subject property is located within the Mill Courtland Woodside Secondary Plan.
The City will be commencing a secondary plan review in the future. The land use and zoning of
the property is subject to change. For more information, please contact Lauren Nelson by phone
(519-741-2200 ext. 7072) or by email (lauren.nelson(o)kitchener.ca).
Sheryl Rice Menezes, CPT Juliane von Westerholt, MCIP, RPP
Planning Technician (Zoning) Senior Planner
Region of Waterloo
April 3, 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.regionofwaterloo.ca
File No.: D20-20 Kit. Gen.
NA
Re: Committee of Adjustment Meeting on April 17, 2018, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment application(s) and
have no comments -
A2018 -024 (Amended), 2 Crossbridge Avenue
A2018-030 to 042, Various
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,
Z_."Vwl a_
BruceErb
Supervisor, Corridor Planning
(519) 575-4435
Document Number: 2691987
Document Author: EBRUCE Version: 1
Document Type: XPE-PE
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thughes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
April 5, 2018 A 2018-031 = 20 Hurst Avenue, A2018-031 — 20 Hurst Ave
Unit #1
RE: Application for Minor Variance A 2018-031
20 Hurst Ave, Unit 1, City of Kitchener
Leanne Ratford, Thompson Tran
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted minor
variance. Please see our detailed comments below.
BACKGROUND:
Resource Issues:
Based on information available in this office, the subject property is located within the
floodplain of Schneider Creek and the property is therefore regulated by the GRCA under
Ontario Regulation 150/06. This reach of Schneider Creek has been designated as a Two -
Zone Floodplain Policy Area. In Two -Zone areas, the floodplain is comprised of two sections
- the floodway and the flood fringe. The subject property is considered within the floodway
portion of the floodplain, which is the area of the floodplain required to pass the flows of
greatest depth and velocity.
2. Legislative/Policy Requirements and Implications:
It is our understanding that this application is to allow manufacturing and accessory retail in
the portion of the existing building zoned E-1, where only warehousing is permitted. The
remainder of the building is zoned M-2, which would allow for the uses requested in the
application. Furthermore, no changes are proposed to the exterior of the building, including
no creation of new openings. Therefore, we have no objection to the minor variance.
For future reference, please note that a portion of the property is identified as candidate
flood fringe based on the Update of Schneider Creek Floodplain Mapping & Two -Zone
Policies — Stirling Avenue to Sydney Street study, prepared by MMM Group (May 2016).
However, to be considered flood fringe certain conditions need to be met on a block basis.
Please note that any future development proposed within GRCA regulated areas will require
prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation
150/06. If future development is proposed on the property, early consultation with GRCA is
recommended to discuss the proposed development and whether it would meet GRCA
policies.
Page 1 of 2
" These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
3. Plan Review Fees:
This application is a `minor' minor variance application and the applicable plan review fee is
$260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$260.00.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
M Leanne Ratford, 1580 Seaton Road, Cambridge, ON N1 R 5S2
Thompson Tran, PO Box 26027 RPD College, Kitchener, ON N2G OA4
Page 2 of 2
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority