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Home My WebLink AboutDSD-19-208 - A 2019-093 - 155 Breckenridge DrREPORT TO:Committee of Adjustment th DATE OF MEETING:September 17, 2019 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Eric Schneider, Junior Planner–519-741-2200 ext. 7843 WARD:1 th DATE OF REPORT:September 9, 2019 REPORT #:DSD-19-208 SUBJECT:A2019-093–155 Breckenridge Drive Applicant –George Sedra-GS Engineering Services Recommendation: Approvewith conditions Location Map: 155 Breckenridge 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 155 Breckenridge Driveis Convenience Commercial Zone(C-1) with Special Use Provision 271U inZoning By-law 85-1.It is zoned COM-1 in Zoning By-law 19- 051.The property is designated Commercialin the Official Plan.Staff conducted a site th inspection of the property on August 30,2019. The applicant isrequesting to use the entire gross floor area (GFA) as a health office, whereas Zoning By-law 85-1 restricts this use to a maximum of 50% of the GFA and requires the use to be located within a commercial plaza. This regulation has been removed in Zoning By-law 19- 051, so this variance request only pertains to Zoning By-law 85-1. The applicant is also requesting a parking reduction, applicable in both Zoning By-law 85-1 and 19-051. The applicant is requesting to provide 7 parking spaces, whereas 21 are required in 85- 1 and 16are requiredin 19-051. View of ExistingSite (August 30, 2019) 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 offersthe following comments. Removal of Max GFA and Plaza Requirement General Intent of the Official Plan 1.The Official Plan encourages providing a sufficient range of commercial goods and services to meet the needs of the city’s residents. The Official Plan alsoencourages the redevelopmentof existing commercial lands with an emphasis on improving and providing flexibility for existing commercial developments.The requested variance meets the general intent of theOfficial Plan. General Intent of the Zoning By-law (Zoning By-law 85-1 only) 2.The intent of the regulationin 85-1that requires the health office use to be located in a plaza and to be less than 50% of the gross floor area of the building is to maintain an overall low intensity of use in the convenience commercial zone.While more traditional ‘health office’ uses tend to attract a large number of customers throughout the day, the treatment being offered at the proposed psychologists office is one patient at a timefor one hour visitsand is expected to generate fewervisits,less vehicular traffic, and less overall intensity of use. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3.The use of the existing building is appropriate for health office use. The use of the property as a psychology clinic will not have adverse impacts for the neighbourhood and is therefore considered appropriate. Is theVariance Minor? 4.The difference between using the property wholly as a health office and using the property for other permitted uses, such as personal services is not expected to have any adverse impacts andthereforethe variance can beconsidered minor. Parking Reduction General Intent of the Official Plan 1.The Official Plan endeavors to promote walking, cycling, and public transit as alternative modes of transportation to the automobile. This includes providing a variety of services and amenities that are in walking distance to residential neighbourhoods. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law (Zoning By-law 85-1 & 19-051) 2.The intent of the requirement for21 parking spaces in By-law 85-1 and for17 parking spaces in By-law 19-051(CroZby, under appeal)is to ensure that there is adequate capacity for automobile storage for customers and clients visiting the business. The subject property contains 7 parking spaces and has been used and functioned appropriately for personal services uses in the past, such as a hair salon and beauty salon.The applicant is proposing to use the property for a psychologist practice. The nature of this businessis to see clients individually, using one parking spaceper health professionalatanyone time.Staff expects the proposed use of the property will necessitate the same or fewer parking spaces than the previous uses. In addition, once CroZby, currently under appeal, is in effect, fewer parking spaces for this use is required.Staff considers the 7 parking spaces provided to be sufficient and for thereasons cited in this paragraph, the requested variance meets thegeneralintent of the zoning by-law. Is the Variance Appropriate? 3.The nature of the business does not require a large amount of parking spaces and there is not expected to be any shortage or overflow. Therefore, the requested variance is considered appropriateanddesirable for the development and use of the lands. Is the Variance Minor? 4.The requested variance is not expected to result in anyundesirablechanges to the site or the neighbourhood and is therefore considered minor. Building Comments: The Building Division has noobjections to the proposed variance. Transportation Services Comments: Transportation Services will require a more detailed parking justification report to be completed to the satisfaction of the Director of Transportation Services as a condition of the approval of the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That application A2019-093requesting relief from: A. Section 6.1.2 & 7.2 of Zoning By-law 85-1to convert avacant building into a health office having 7 off-street parking spaces rather than the required 21 off- street parking spaces; and, to permit a health office to occupy 100% of the Gross Floor Area (GFA) whereas the by-law permits a health office to occupya maximum of 50% of the GFAbe approved, subject to the following conditions: 1.That the owner submit a parking justification study to the satisfaction of the Director of Transportation Services. 2.That the owner update theOccupancy Certificate to the satisfaction of the Director of Planning (following completion of Condition 1). 3.That the owner re-paint the parking space lines to match the approved Site Plan (SPR/04/20/B/LT)to the satisfaction of the Manager of Site Development and Customer Service. st 4.That all conditions shall be completed prior to January 31, 2020. 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. B. Table 5-3 of Zoning By-law 19-051to convert a vacant building into a health clinichaving 7 off-street parking spaces rather than the required 16off-street parking spacesbe approved, subject to the following: i.This minor variance shall become effective only at such time as Zoning By- law 2019-051 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990 P 13, as amended, and the variance shall be deemed to have come into force as of the date of this decision. _____ Eric Schneider, BES Juliane von Westerholt,B.E.S., MCIP, RPP Junior Planner Senior Planner August 28, 2019 Holly Dyson City of Kitchener File No.: D20-20/VAR KIT GEN 200 King Street West (8) / VAR KIT, Martea Developments P.O. Box 1118 (11) / 53 FAIRWAY, 470088 Ontario Ltd Kitchener, ON N2G 4G7 Dear Ms. Dyson: Re: Committee of Adjustment Meeting on September 17, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-092 30 Dieppe Avenue No Concerns. 2. A 2019-093 155 Breckenridge Drive No Concerns. 3. A 2019-094 205 Strange Street No Concerns. 4. A 2019-095 43 Jack Avenue No Concerns. 5. A 2019-096 260 Frederick Street The applicant must obtain a Regional access permit to legalize the existing access. 6. A 2019-097 74 Ahrens Street West No Concerns. 7. A 2019-098 44 Breithaupt Street No Concerns. 8. A 2019-099 289 and 295 Sheldon Avenue North No Concerns. 9. A 2019-100 John Wallace Drive (Townhouse Block 1) No Concerns. 10. A 2019-101 360 River Trail Avenue No Concerns. 11. A 2019-102 165 Fairway Road North No Concerns. 12. A 2019-103 581 Strasburg Road No Concerns. 13. A 2019-104 & A 2019-105 193 Louisa Street There would be no concerns to the minor variance applications subject to the condition that the recommendations of the noise study as required for the Consent application can be implemented. 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЉВЊББЉ tğŭĻ Њ ƚŅ Ћ Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management DivisionCambridge, Ontario N1R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: September 9, 2019 See below Applications for Minor Variance: RE: A 2019-082 83 Elmsdale Drive A 2019-092 30 Dieppe Avenue A 2019-093 155 Breckenridge Drive A 2019-094 205 Strange Street A 2019-095 43 Jack Avenue A 2019-096 260 Frederick Street A 2019-097 74 Ahrens Street West A 2019-098 44 Breithaupt Street A 2019-099 289 & 295 Sheldon Avenue North A 2019-100 John Wallace Drive A 2019-101 360 Rivertrail Avenue A 2019-102 165 Fairway Drive Road North A 2019-103 581 Strasburg Road A 2019-104 & 105 193 Louisa Street Applications for Consent: B 2019-051 to 054 83 Elmsdale Drive B 2019-058 202 Montgomery Road B 2019-059 269 Trillium Drive B 2019-060 39 Belmont Avenue West B 2019-061 359 Alice Avenue B 2019-062 2727 Kingsway Drive B 2019-063 193 Louisa Street 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, CPT Resource Planning Technician 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.