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Home My WebLink AboutDSD-18-089 - A 2018-076 - 295 Lancaster St W, Unit BREPORT TO:Committee of Adjustment DATE OF MEETING:August 21, 2018 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Tim Seyler, Junior Planner–519-741-2200 ext. 7860 WARD:10 DATE OF REPORT:August 10, 2018 REPORT #:DSD-18-089 SUBJECT:A2018-076–295Lancaster Street West –Unit B Applicants –Michael Sadler on behalf of Leo Wolynetz Approved with Conditions Location Map: 295Lancaster Street West –Unit B *** 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 295 Lancaster Street West –Unit Bis zoned Commerical Two (C-2),with Special Regulation 17Rin the Zoning By-law 85-1 and designated Mixed Useinthe City’s Official Plan. The applicant is requesting relief from Section 5.6B b) of the Zoning By-law to permit an outdoor deck setback1.0 metres from the front lot linewhereas the By-law requires 3.0metres. City Planning staff conducted a site inspection of the property on August 7,2018. 295Lancaster Street West Proposed deckwith 1 metre setback from front property line 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 subject property is designated Mixed Usein the City’s 2014 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of Mixed Usepolicies from the 2014 Official Plan are under appeal and are not being relied upon for this report.Instead,the Neighbourhood Mixed Use Centre designation from the 1994Official Plan,which permits a mix of appropriately scaled multiple residential, commercial and institutional uses,is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan.The proposed variance meets the intent of the designation, which encourages a range of different types of uses including a restaurant.The requested variance to permit a reduced front lot line setbackto permit an outdoor deck is appropriate and continues to maintain the character of the property and surrounding neighbourhood.The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriateand meets the general intent of the Official Plan. 2.The requested minor variance to have afront yard deck setback of 1.0metres rather than the required 3.0metres continues to meet the general intent of the Zoning By-law and can beconsidered minor.The purpose of the 3.0metre setback is to provide adequate separation from the sidewalk and the roadway.The 1.0 metre setback still allows for landscaping within the setback to provide a buffer from the sidewalk and roadway. It is staff’s opinion that a setback of 1.0metres would continue to allow an adequate bufferand the impact on neighbouring properties is minimal. 3.Staff is of the opinion that requested variances are minor and the approval of the frontyard setback will not adversely affect the subject propertyas per the above mentioned comments. Nor will it negatively affect adjacent properties orthe surrounding neighbourhood. 4.The requested variance is appropriate for the development and use of the land. Staff is of the opinion that the variancewill cause no negative impacts on the surrounding properties within the neighbourhood. Based on the foregoing, Planning staff recommends that this application beapprovedsubject to the conditions outlined below 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 new outdoor patio is currently under review. Transportation Services Comments: As the proposed reduction would not affect the corner visibility triangle and would not block the stopping sight distance at the intersection of Elizabeth Street / Lancaster Street West, Transportation Services have no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2018-076requesting relief from Section 5.6B b)to permit an outdoor deck setback 1.0 metres from the front lot line whereas the By-law requires 3.0 metres; be approvedsubject to the followingconditions: 1.A building permit be obtained from the City’s Building Division for the proposed addition by May1, 2019 2.That the applicant provides a landscaped buffer within the 1.0 metre setbackto the satisfaction of the Manager of Site Development and Customer Services. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Junior Planner 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.