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Home My WebLink AboutDSD-18-051 - A 2018-053 - 70 Dumart PlaceStaff Report Development Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: June 19th, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 WARD: 1 DATE OF REPORT: June 12th, 2018 REPORT #: DSD -18-051 SUBJECT: A2018-053 — 70 Dumart Place Applicant — Roland Drasdo Approve with Conditions ,V Location Map: 70 Dumart Place *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 70 Dumart Place is zoned Restricted Business Park Zone (B-2) with Special Regulation Provision 36R(a) in the Zoning By-law 85-1 and designated Business Park in the 1994 Official Plan and Business Park Employment in the 2014 Official Plan (under appeal). Staff will be relying on the 1994 Official Plan because the Business Park Employment Section in the 2014 Official Plan is under appeal. Staff conducted a site inspection of the property on June 1St, 2018. The applicant is requesting relief from Special Regulation Provision 36R in the Zoning By-law to legalize a storage garage located 3.82 metres from the rear lot line whereas Special Regulation Provision 36R requires a rear yard setback of 14 metres when adjacent to a residential zone. Staff note that an identical regulation appears in the B-2 Zoning as well (Section 24.3) View of Garage and Rear Property Line of (June 151, 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 offer the following comments. The requested variance meets the general intent of the 1994 Official Plan. The Business Park designation states that additional buffering requirements shall be provided when in proximity to existing or proposed residential uses. The buffering requirements can include setbacks, landscape screening, and berming. Staff believes that adequate buffering can be achieved thorough landscape screening. The owner of the property is currently in the application process for a Stamp Plan B site plan to address the alterations made to the site by the proposed addition to the storage garage. Through this process, a landscape plan will be required. This plan will address the buffering requirements through landscape screening. Therefore the proposed variance meets the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires a rear yard setback of 14 metres when the rear property line abuts a residential zone is to limit adverse impacts on neighbouring residential properties. This regulation applies to all permitted uses in the Restricted Business Park zone, which can include noisy and noxious uses such as manufacturing, service of industrial equipment and truck transport terminal. However, the use of the existing building is for storage only, with no industrial business practices occurring within the building outside of storage. Staff is of the opinion that the use of the building for storage purposes will not have a significant adverse impact on any future residential use of the abutting property, which is currently undeveloped. Therefore the general intent of the Zoning By-law is met. 3. The proposed variances are considered desirable and appropriate for the development and use of the lands. The building is existing and the use of the building as storage can be considered appropriate. 4. The variance is considered minor. The subject building is existing in that location and the proposed addition to the building is projected away from the property line, so staff consider any impacts to be minor. Staff notes that there are currently small accessory type buildings located near the rear property line that require removal in order to comply with the Zoning By-law and this variance request. The applicant is aware of this requirement. Staff has included the removal of these structures as a condition of approval in the recommendation section of this report. law, View of Small Accessory Structures Requiring Removal (June 1St, 2018) 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. Application has been made for the addition and change of use to the garage and is currently under review. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental concerns. RECOMMENDATION That application A2018-053 requesting permission to construct an addition onto an existing garage adjacent to residential zone having a rear yard setback Of 3.82m rather the required 14m be approved, subject to the following conditions: 1. That a building permit is obtained from the Building Division for the proposed addition to the garage. 2. That accessory structures located within 3.82 metres of the rear property line are removed. 3. That a landscape plan is approved by the Urban Designer in conjunction with the Stamp Plan B application. 4. That all conditions shall be completed prior to January 1St, 2019. 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. Eric Schneider, BES Junior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo June 06, 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 Re: Committee of Adjustment Meeting on June 19, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 66 Inwood Drive (FN 2018-002): No concerns. 2. 171 Sherwood Avenue (SG 2018-007): No concerns. 3. 5 Wake Robin Drive (A 2018-050): No concerns. 4. 188 Hawkswood Drive (A 2018-051): No concerns. 5. 187 Rivertrail Avenue (A 2018-052): No concerns. 6. 70 Dumart Place (A 2018-053): No concerns. 7. 62 Daniel Avenue (A 2018-054, 055 and 056): 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, ' n Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Document Number: 2747313 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: June 8, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance, Fence and Sign: FN 2018-002 66 Inwood Drive SG 2018-006 101 Frederick Street/40 Weber Street East SG 2018-007 171 Sherwood Avenue Applications for Minor Variance: A 2018-050 5 Wake Robin Drive A 2018-051 188 Hawkswood Drive A 2018-052 187 Rivertrail Avenue A 2018-053 70 Dumart Place A 2018-054 62 Daniel Avenue A 2018-055 62 Daniel Avenue A 2018-056 62 Daniel Avenue Applications for Consent: B 2018-034 to B 2018-040 & B 2018-043 810 Frederick Street B 2018-041 to B 2018-042 62 Daniel 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, � Andrew Herreman Resource Planning Technician Grand River Conservation Authority *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.