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Home My WebLink AboutDSD-18-088 - A 2018-075 - 70 Dumart PlREPORT TO:Committee of Adjustment st DATE OF MEETING:August 21, 2018 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Richard Kelly-Ruetz,Technical Assistant (Planning & Zoning)– 519-741-2200 ext. 7110 WARD:1 th DATE OF REPORT:August 13, 2018 REPORT #:DSD-18-088 SUBJECT:A2018-075–70 Dumart Place Applicant –Roland Drasdo Recommendation –Approve Location Map: 70 Dumart Place REPORT Planning Comments: The subject property located at 70 Dumart Placeis zoned Restricted Business Park Zone (B-2) with Special Regulation Provision 36Rin the Zoning By-law 85-1 and designatedBusiness Park in the 1994 Official Plan andBusiness Park Employmentin the 2014Official Plan(under appeal).Staff will be relying on the 1994 Official Plan becausethe Business Park Employment Section in the 2014 Official Planis under appeal. Staff conducted a site inspection of the property on August 12, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting relief from Special Regulation Provision 36R inthe Zoning By-law to legalizean existing accessory structure located 3.12 metres from the rear property line whereas Special Regulation Provision 36R requires a rear yard setback of 14 metres when adjacent to a residential zone. Staff notesthat an identical regulation appears in Section 24.3 of the B-2 Zoning. Avariance(A2018-053) was previously approved with conditions to legalize a deficient rear yard setback of 3.82 metres rather than the required 14 metresfor an existing garageto facilitate an expansion.Condition #2of the approval was to remove accessory structures within 3.82 metres of the rear property line. Rather than removing the accessory structure, the owner seeks to legalize its location through this variance. This would fulfill Condition #2 from variance A2018-053. View of Small Accessory Structure and Rear Property Line (August 12, 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 varianceto legalize a reduced rear yard setback for an existing accessory structuremeets the general intent of the1994Official Plan. The Business Park designationstates that additional buffering requirements shall beprovided 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 through 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. If buffering is needed for the existing accessory structure, this will also beaddressed through the landscape plan. 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 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 accessory building is for storage of landscaping supplies/equipment 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 any notableimpactson future residential usesof the abutting property, which is currently undeveloped. Thereforethe general intent of the Zoning By-law is met. 3.The proposed variancecan beconsidereddesirable andappropriate 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 consideredminor. The subject building is existing in that location, so staff consider any impacts to be 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. 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 A2018-075requesting permission to legalize anexisting storage shed adjacent to aresidential zone having a rear yard setback of3.12 metres rather the required 14 metresbe approved. Richard Kelly-Ruetz, BES Juliane von Westerholt,B.E.S., MCIP, RPP Technical Assistant (Planning & Zoning) Senior Planner August 13, 2018 Holly Dyson City of Kitchener 200 King Street West File: D20-20/VAR KIT GEN P.O. Box 1118 (1)/69, Great Canadian Holidays and Coaches. Kitchener, ON N2G 4G7 (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Dear Ms. Dyson: Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment 9. 388 King Street East (A 2018-077): No concerns. 10. 120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЋБЉЋАЍЋ 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 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: August 10, 2018 YOUR FILE: See below Applications for Signs: RE: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, 31 Young Street & 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North 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. 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 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.