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Home My WebLink AboutDSD-18-139 - A 2018-114 - 227 Manitou DrStaff Report Development Services Department 1 R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: October 16, 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: 3 DATE OF REPORT: October 5, 2018 REPORT #: DSD -18-139 SUBJECT: A2018-114 — 227 Manitou Drive Applicants — Omar Alshikh on behalf of Ali Rasoul Approved with Conditions L� 1, Location Map: 227 Manitou Drive *** 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 227 Manitou Drive is zoned Heavy Industrial (M-4), with Special Regulation Provision 34U in the Zoning By-law 85-1 and designated Heavy Industrial Employment in the City's Official Plan. The applicant is requesting relief from Section 22.3.1 of the Zoning By-law to have a rear yard setback of 1.56 metres rather than the required setback of 7.5 metres. Further relief is being requested from Section 6.1.1.1.a) iv) to reduce the setback for the parking space to 1.1 metres from the front lot line rather that the required setback of 3.0m. City Planning staff conducted a site inspection of the property on October 1, 2018. 227 Manitou Drive (Rear yard) 227 Manitou Drive (Front yard) 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 offers the following comments. The subject property is designated Heavy Industrial Employment in the City's 2014 Official Plan. The intent of the Heavy Industrial designation in the 2014 Official Plan is to allow industrial uses that are devoted to heavy manufacturing and generally refer to those uses that are characterized by large volumes or materials and products, truck traffic, and as being noxious due to vibration, noise, emissions or odour. In addition, a wide variety of industrial uses, such as Service and Repair of Motor Vehicles is permitted. The proposed variances conform to the designation and it is the opinion of staff the requested variances are appropriate and meet the general intent of the Official Plan. 2. The requested variance to permit a rear yard setback of 1.56 metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide adequate space at the rear of the properties, typically for on-site circulation and adequate separation from neighbouring properties. The adjacent properties all have the same zoning as the subject property and the adjacent buildings are all setback accordingly. There is also a large parking area on the property that will allow for adequate on-site circulation. The request to legalize the existing parking spaces located 1.1 metres from the front property line, whereas 3.0 metres is required also meets the general intent of the Zoning Bylaw. The reduction of 1.90 can be considered minor, as the minor variance will legalize an existing situation. The driveway visibility triangle is also not affected by the proposed setback. The front property line is setback approximate 2 metres from the sidewalk, which provides additional clearance to the roadway so vehicles can enter and exit safely. It is not anticipated that any negative impacts on the adjacent properties will result from the variances required therefore, the intent of the Zoning Bylaw continues to be maintained. 3. The variances can be considered minor as it is the opinion of staff that the reduced rear yard setback and reduced front yard setback for parking spaces will not present any significant impacts to adjacent properties and the overall neighbourhood. 4. The variance is appropriate for the development and use of the land. The requested variance should not impact the existing character of the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Transportation Services Comments: Considering that the requested parking setback variance does not affect the DVTs, 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 A2018-114 requesting relief from Section 22.3.1 to permit a rear yard setback of 1.56 metres, whereas 7.5 meters is required and; relief from Section 6.1.1.1 a) iv) to allow a parking space 1.1 metres from the street line rather than the required 3.0 metres; be approved, subject to the following conditions: 1. A building permit be issued from the City's Building Division for the proposed addition. 2. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 3. That all conditions shall be completed prior to July 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. Tim Seyler, BES Juliane von Westerholt, MCIP, RPP Junior Planner Senior Planner Region of Waterloo October 9, 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 No.: D20-20/VAR KIT GEN 1, 4, 8, 9, 10 Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2018-010 — 505 Franklin Street North, Steve Roth (City of Kitchener) 2. SG 2018-011 — 1700 Queens Boulevard, Steve Roth (City of Kitchener) 3. SG 2018-012 — 22 Frederick Street, EuroPro GP Inc. 4. A 2018-106 — 15 Tartan Avenue, Primeland Developments (2003) Limited 5. A 2018-107 — 624 King Street West, Rahim Anwar 6. A 2018-108 — 400 Bingemans Centre Drive, Summit Ltd. 7. A 2018-109 — 1331 Countrystone Drive, Sunvest Development Corp. 8. A 2018-110 — 97 Rivertrail Avenue, 25229365 Ontario Inc. 9. A 2018-112 — 84 Mansion Street, Gary & Neda Cushing 10. A 2018-113 — 56 Cameron Street North, Tony Rossel 11. A 2018-114 — 227 Manitou Drive, Ali Rasoul 12. A2018-115 — 1425 Block Line Road, NVU — Homer Watson Ltd. 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Document Number: 2839402 Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — VAR KIT — Kitchener, City of/Fire Station 3 — 06 FREDERICK GEN 5 — 15 KING KIT — Scherifali, Ahmet 6 — VAR KIT — Brick Brewing Co. 7 — 57 — Sunvest Development Corp. 11 — 69 — Rasoul, Ali 12 — 28 — Northview Apartment REIT Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE October 4, 2018 YOUR FILE: See below Applications for Minor Variance (Sign): SG 2018-010 505 Franklin Street North/39 Midland Drive SG 2018-011 1700 Queens Boulevard SG 2018-012 22 Frederick Street Applications for Minor Variance: A 2018-104 387 King Street East A 2018-106 15 Tartan Avenue A 2018-107 624 King Street West A 2018-108 400 Bingemans Centre Drive A 2018-109 1331 Countrystone Drive A 2018-110 97 Rivertrail Avenue A 2018-112 84 Mansion Street A 2018-113 56 Cameron Street North A 2018-114 227 Manitou Drive A 2018-115 1425 Block Line Road Applications for Consent: B 2018-116 357 King Street East 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.