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Home My WebLink AboutDSD-19-210 - A 2019-095 - 43 Jack AveREPORT 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:Jenna Daum –Technical Assistant -519-741-2200 ext.7760 WARD:9 th DATE OF REPORT:September 9, 2019 REPORT #:DSD-19-210 SUBJECT:A 2019-095–43 Jack Avenue Owner–Randy Newell and Rebecca Newell ApproveWithConditions R-3 R-3 R-3 Location Map: 43 Jack Avenue *** 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 43 Jack Avenueis zoned Residential Four (R-4) Zoning By-law 85-1 and is designated Low Rise Residential in the 2014 Official Plan. City Planning staff conducted a site th inspection of the property onSeptember 72019. Theowneris requesting relief from Section 5.13.1to allow for a home business “CateringService Establishment” use in an existing Single Detached Dwelling whereas the by-law does not currently allow “CateringService Establishment” as a permitted home based business use. View from Jack Avenue 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: General Intent of the Official Plan The subject property is designated Low Rise Residential in the City’s Official Plan. The proposed variance meets the general intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change to permit a home business “Catering Service Establishment” usewill maintain the low density character of the property and surrounding neighbourhood. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law Zoning By-law 85-1 does not currently permit the use “Catering Service Establishment” as a Home Based Business, however, within the draft residential zones inthe new Comprehensive Review of the Zoning By- law (CRoZBy)“Catering Service Establishment”is proposed to bea permitted use as a Home Based Businessin a Single Detached Dwelling. Theowner’s business will be small in scaleand will not have people coming and going to the property and will meet all other regulations of a Home Business.The business owner has already started construction on the commercial kitchen in their basement prior to receiving zoning approval, as part of their business plan the applicant wishes to start operating prior to the new zoning being in effect. Since it is not known when CRoZBy’s Residential Zoneswill applyto the property, Planning staff feel it is reasonable to allow for this use to be in effect prior to the new zoning being finalized as it is proposed to be a permitted use.Therefore staff is of the opinion that this meets the general intent of the by-law. Minor Staff is of the opinion that requested variance is minor as the addition ofa“Catering Service Establishment”use to the subject property will not alter the residentialcharacter of the area.Home based businesses are allowed in the R-4 zoning, although“Catering Service Establishment”is not currently permitted as a home based business, this business will operate the same as any other home business in the City of Kitchener. Appropriate and Desirable The variance could be considered appropriate use of the land. The business use will operate like other permitted home businessesand when CRoZBy’s Residential zones areineffect this use shouldbe permitted.Staff is of the opinion that the variance will cause no negative impacts on the subject land or the surrounding properties within the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approvedwith conditions. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services hasno concerns with the proposed application. RECOMMENDATION: That minor variance application A2019-095requesting relief from relieffrom Section 5.13.1 to allow for“CateringService Establishment” useas a Home Businessin an existing Single Detached Dwelling whereas the by-law does not currently allow “CateringService Establishment” as a permitted home based business use, be approved withthe followingconditions: 1.That a Zoning (Occupancy) Certificate be obtained from the Planning Division. 2.That the maximum size of the Home Business -Catering Service Establishmentuse on the subject property bea maximum of27.87square metres(As per Section 5.13.1.2(g)); 3.No direct retail sales are permitted from the property; 4.Non resident workersare notpermitted to the property; and, th 5.That condition #1 be completed by October 30, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditionwill result in this approval becoming null and void. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant(Planning and Zoning) 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.