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Home My WebLink AboutDSD-18-058 - A 2018-058 - 352 Maple Ave.REPORT TO:Committee of Adjustment th DATE OF MEETING:July 17 , 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:10 th DATE OF REPORT:July 10,2018 REPORT #:DSD-18-058 SUBJECT:A2018-058–352 Maple Avenue Applicant –Jim Witmer Approvewith Conditions Location Map: 352 Maple Ave REPORT Planning Comments: The subject property located at 352 Maple Avenueis zoned General Industrial Zone (M-2)with Special UseProvision 149Uin the Zoning By-law 85-1 and designated General Industrialwithin *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. theNorth Ward Secondary Plan in the1994 Official Planwith Special Policy #4.Staff will be relying on the 1994 Official Plan because theSecondary Plans have not been updated in the th 2014 Official Plan.Staff conducted a site inspection of the property on June 29,2018. The applicant is requesting relief from Section 20.3.1inthe Zoning By-law allow for a rear yard setback of 3 metreswhereas the By-lawrequires a rear yard setback of 7.5 metres.This request is being made for a proposed building; however it should be noted that there is currently a building on site with a 6.88 metre rear yard setback. th View of Area betweenExisting Building and the Rear Property Line(June 29, 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. 1.The requested variance meets the general intent of theGeneral Industrial designation within the North Ward Secondary Plan within the1994Official Plan. The General Industrial designation does not specifically discuss building setbacks, but does state that warehousing shall be a permitted use, which is the proposed use on this property. Therefore theproposed variance meetsthe general intent of the Official Plan. 2.Therequested variancemeets the generalintent of the Zoning By-law. The intent of the regulation that requiresarear yard setback of 7.5 metresis to limit adverse impacts on neighbouring properties.The subject property has been severed from a larger parcel in 2015. Originally, the rear lot line in question was functioning as a side lot line, which would have required just a 1.2metre setback. The subject property is separated from the adjacent property by an approximately 1.8 metre high chain-link fence, plus inward facing barbed wire. The area on the adjacent property along the subject lot line is used as a driveway access aisle and the building on site is located approximately 10 metres from the subject lot line. Staff believes that the proposed variance will not have an adverse impact on the adjacent property. Therefore the general intent of the Zoning By-law is met. 3.The proposed varianceisconsidereddesirable andappropriate for the developmentand use of the lands. Staff is supportive of the proposed conversion of this industrial site to a self-storage facility, and believes that the proposed variance for reduction in rear yard setbackisappropriate for the development. 4.Thevariance is consideredminor. The proposed building is to be used as self-storage, which is typically visited by users infrequently. Staff consider any impactstobe minor. Based on the foregoing, Planning staff recommends that this application be approvedsubject 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 is obtained prior to any construction on the site. 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 natural heritage issues. Only trees are landscaping elements. The property will be subject to a refreshed Site Plan Control process which will bring forward any conditions re: landscaping, i.e. existing / future / maintenance. RECOMMENDATION That application A2018-058requesting permission to construct a building having a 3m rear yard setback rather than the required 7.5m rear yard setback be approved,subject to the following condition: 1.That a building permit is obtained from the Building Division prior to any construction. Eric Schneider, BES Juliane von Westerholt,B.E.S., MCIP, RPP Junior Planner Senior Planner July 04, 2018 Holly Dyson City of Kitchener 200 King Street West File: D20-20/VAR KIT GEN P.O. Box 1118 (5) /VAR KIT, 8141362 Ontario Inc. Kitchener, ON N2G 4G7 (8) /VAR KIT, Michael Prendiville (11) /VAR KIT, Goran and Milena Gligorovic Dear Ms. Dyson: Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 901 Pebblecreek Court (A 2018-057): No concerns. 2. 352 Maple Avenue (A 2018-058): No concerns. 3. 39 Susan Crescent (A 2018-059): No concerns. 4. 6 Waterwillow Court (A 2018-060): No concerns. 5. 1 Adam Street (A 2018-061): No concerns. 6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns. 7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns. 8. 304 Park Street (A 2018-064): No concerns. 9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns. 10. 105 Mt. Hope (A 2018-067 & A 2018-068): No concerns. 11. 44 Fifth Avenue (A 2018-069): 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЋАЏВЎЏЊ 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 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1R 5W6 Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: July 5, 2018 YOUR FILE: See below Applications for Minor Variance: RE: A 2018-057 901 Pebblecreek Court A 2018-058 352 Maple Avenue A 2018-059 39 Susan Crescent A 2018-060 6 Waterwillow Court A 2018-061 1 Adam Street A 2018-063 Doonwoods Crescent A 2018-064 304 Park Street A 2018-065 101 Mount Hope Street A 2018-066 101 Mount Hope Street A 2018-067 105 Mount Hope Street A 2018-068 105 Mount Hope Street A 2018-069 44 Fifth Avenue Applications for Consent: B 2018-044 43 Barclay Avenue B 2018-047 239 Wellington Street North B 2018-048 Weichel Street at Victoria Street South B 2018-049 Weichel Street at Victoria Street South B 2018-050 Weichel Street at Victoria Street South B 2018-051 304 Park Street B 2018-052 101 Mount Hope Street B 2018-053 105 Mount Hope Street B 2018-054 44 Fifth 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, Trisha Hughes Resource Planner Grand River Conservation Authority Page 1 of 1 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.