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Home My WebLink AboutDSD-19-261 - A 2019-115 - 593 Charles St EStaff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 K;x NER wwwkitchener. ca Committee of Adjustment November 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Planner — 519-741-2200 ext. 7843 9 November 8th, 2019 DSD -19-261 A2019-115 — 593 Charles Street East Applicant — Michael Laurin Recommendation: Approval Location Map: 593 Charles Street East *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. L REPORT Planning Comments: The subject property located at 593 Charles Street East is zoned Commercial Residential Two Zone (CR -2) in the Zoning By-law. The property is designated Medium Density Commerical Residential in the Mill Courtland Woodside Park Neighbourhood Plan in the Official Plan. Staff conducted a site inspection of the property on November 4th, 2019. The applicant is requesting relief for a parking reduction from 5 spaces to 3 spaces, a lot width reduction from 15 metres to 12.2 metres, and to legalize an existing side yard setback of 1.12 metres rather than the minimum of 1.2 metres. A site plan application has been submitted and is currently under review (SP19/119/C/ES) View of Existing Site from Charles Street East (November 5, 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 offers the following comments. Lot Width General Intent of the Official Plan 1. The subject property is designated medium density commercial residential within the Mill Courtland Woodside Park Neighbourhood Plan in the Official Plan. This designation intends to provide for a range of residential and non -retail commercial uses. The applicant intends to use the existing building as an office, without expanding the gross floor area on the property. The requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a minimum lot width of 15 metres is to ensure functionality of access and parking on site. This site contains access to a rear yard laneway from Ottawa Street, giving it a second access and parking area that improves access and parking functionality on site. Staff is supportive of the proposed parking/access layout and the ability for it to function adequately. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The rear yard laneway provides an asset that a typical interior lot would not benefit from; therefore the request for relief from the minimum lot width of 15 metres is appropriate for this property and area. Is the Variance Minor? 4. The deficiency in lot width is a small amount and Staff is confident that access and parking functionality are adequate, therefore the request for relief is minor. Parking Reduction General Intent of the Official Plan 1. The subject property is designated medium density commercial residential within the Mill Courtland Woodside Park Neighbourhood Plan in the Official Plan. This designation intends to provide for a range of residential and non -retail commercial uses. The applicant intends to use the existing building as an office, without expanding the gross floor area on the property. The requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a minimum parking requirement based on gross floor area is to ensure that adequate vehicle storage is available on site. The proposed business is a financial services office which is not open to the public. The business typically will have 1-2 employees working at any given time, so the necessity for parking spaces is very minimal. Staff is of the opinion that the site contains adequate parking for the proposed use. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The subject site is proposed to be used as an office that requires parking for employees only, and further, is located close to the downtown along the LRT route. The variance request for a reduction in parking spaces is appropriate. Is the Variance Minor? 4. The requested reduction of 2 parking spaces is not expected to have adverse impacts because the 3 spaces provided on site are considered adequate for the proposed use. Therefore, the request for reduction in parking spaces is considered minor. Side Yard Setback General Intent of the Official Plan 1. The subject property is designated medium density commercial residential within the Mill Courtland Woodside Park Neighbourhood Plan in the Official Plan. This designation intends to provide for a range of residential and non -retail commercial uses. The applicant intends to use the existing building as an office, without expanding the gross floor area on the property. The requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a minimum side yard setback of 1.2 metres is to ensure the provision of adequate privacy, and access to the rear yard to maintain the building. The side yard setback is an existing situation and is only deficient by 8 centimetres. Staff is satisfied that the current situation provides adequate privacy, access for maintenance and to the rear yard and therefore the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The requested variance for side yard setback is to legalize an existing situation within a neighbouhood/area where the lot dimensions and building setbacks are existing and have been well established. Therefore, the requested variance is appropriate. Is the Variance Minor? 4. The requested variance represents a very small reduction of the minimum setback by only 8 centimetres. Therefore, the variance is considered minor. View of Existing Site from Rear Laneway (November 5, 2019) Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the change of use into an office is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2019-115 requesting permission to convert an existing residential dwelling into a commercial financial institution on a lot having a width of 12.217mrather than the required 15m; an easterly side yard setback of 1.119 m rather than the required 1.2m; and, to have 3 off-street parking spaces rather than 5 off-street parking spaces be approved. Eric Schneider, BES Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo November 05, 2019 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, Sth 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 (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre Drive — 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 the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application 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 Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: B 2019-066-071 253 Clark Avenue 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 xThese 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