HomeMy WebLinkAboutDSD-18-116 - A 2018-101 - 264 Lawrence AveStaff Report
K A �'m R
Development Services Department
www.kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 18th, 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: 8
DATE OF REPORT: September 10th, 2018
REPORT #: DSD -18-116
SUBJECT: A2018-101 — 264 Lawrence Avenue
Applicant — David Galbraith
Approve with Conditions
4
Location Map: 264 Lawrence Avenue
REPORT
Planning Comments:
The subject property located at 264 Lawrence Avenue is zoned Industrial Residential Zone (M-
1) in the Zoning By-law 85-1 and designated General Industrial Employment in the 2014 Official
Plan. Staff conducted a site inspection of the property on August 22nd, 2018.
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The applicant is requesting relief from Section 6.1.2 of the Zoning By-law to allow for 5 Off -
Street parking spaces for an existing office business whereas 6 off-street parking spaces are
required in the Zoning By-law. The applicant is proposing to build a 21 square metre addition
that would bring the total gross floor area (GFA) to 168 square metres. Parking requirements in
Section 6.1.2 are based on GFA, and the proposed use requires 1 off-street parking space for
every 28 square metres of GFA. The proposed addition would subsequently require 6 Off -Street
View of Existing Driveway used for Parking (August 22nd, 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 Official Plan. The General
Industrial Employment designation provides for a broad range of industrial uses. It
acknowledges existing areas that have evolved into a mixture of residential and
industrial uses and that some areas currently act as a buffer or transition area between
industrial uses and residential uses. The requested variance for parking reduction
maintains this intent.
2. The requested variance for reduction in Off -Street parking meets the general intent of the
Zoning By-law. The intent of the parking regulation in the Zoning By-law is to ensure that
there is adequate space to park vehicles used for the business, and that vehicles can safely
enter and exit the parking lot. Currently, the subject property does not have a parking lot but
rather a driveway in which vehicles back out onto the public right-of-way. Staff believes that
the creation of a parking lot will significantly improve the safe ingress and egress of vehicles
to this site. Staff believes that the nature of this business as an office for a homebuilder
does not typically draw customers to the premises, and believes that the proposed parking
total of 5 spaces will be sufficient for the needs of the business. In addition, Lawrence
Avenue contains on street parking, including in front of the subject property. As staff is of
the opinion that the proposal provides adequate space to park vehicles, the intent of the
Zoning By-law is met.
3. The requested variance is considered desirable and appropriate for the development
and use of the lands. The applicant's proposal represents an improvement to the parking
situation on site and therefore is considered desirable and appropriate.
4. The variance is considered minor. The requested reduction in parking is for only 1 space
and can be considered minor.
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.
Transportation Services Comments:
Based on the plan received (August 29, 2018) for Stamp Plan A approvals, Transportation
Services suggest that the applicant provide a driveway visibility triangle of 3.0 metres by 4.5
metres, this will mirror the future direction of the City of Kitchener's Final Draft Zoning By-law
(April 2018). Also, the garage parking spaces proposed be designated as staff only parking.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That application A2018-101 requesting to legalize an existing Office/Employment building
having 5 off-street parking spaces rather than the required 6 off-street parking spaces be
approved, subject to the following condition:
1. That a building permit is obtained from the Building Division prior to any
construction.
Eric Schneider, B.E.S.
Junior Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 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
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): 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.
Document Number: 2815510
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
Resource Management Division
Trisha Hughes, Resource Planner
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2319
Fax: (519) 621-4945
E-mail: thughes@grand river. ca
DATE: YOUR FILE: GRCA FILE:
September 10, 2018 A 2018-101 - 264 Lawrence A2018-101 - 264 Lawrence Ave
Avenue
RE: Application for Minor Variance A 2018-101
264 Lawrence Ave, City of Kitchener
Warren D. Construction Ltd.
GRCA COMMENT*:
Grand River Conservation Authority (GRCA) staff have no objection to the above noted minor
variance. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available in this office indicates that a small portion of the property is
adjacent to the floodplain of Henry Sturm Creek with the 5 metre regulatory allowance to the
floodplain extending onto the property. A copy of our resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
Due to the above feature, a portion of the property is regulated by the GRCA under Ontario
Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses Regulation.
It is our understanding that the purpose of this application is to legalize the number of
existing parking spaces on the property. As such, we have no objection to the minor
variance.
Based on our review of the Site Plan dated August 13, 2018, there is a proposed addition on
the property that appears to fall outside GRCA's regulated area. Please note that if any new
development is proposed within the regulated area a permit from the GRCA will be required
pursuant to Ontario Regulation 150/06. As this property contains GRCA regulated area,
GRCA staff will participate in the review of future applications on this property.
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.
A separate fee is applied for a GRCA permit application, if applicable.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
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
Sincerely,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
Encl.
cc: Warren D. Construction Ltd. c/o Dan Sinclair, 364 Lawrence Ave, Kitchener, ON N2M
1Y4
IBI Group c/o David Galbraith, 410 Albert Street, Unit 101, Waterloo, ON N2L 3V3
Page 2 of 2
* 77tese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
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