HomeMy WebLinkAboutDSD-20-046 - A 2020-023 - 312 Weber St WREPORT TO:Committee of Adjustment
DATE OF MEETING:July 21, 2020
SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157
PREPARED BY:Sheryl Rice Menezes, Planning Technician –519-741-2200 ext. 7844
WARD:10
DATE OF REPORT:July 14, 2020
REPORT #:DSD-20-046-Revised
SUBJECT:A2020-023–312 Weber Street West
Approve with Conditions
Photo 1: Subject property (located between Guelph and Blucher Streets).
REPORT
Planning Comments:
The property is zoned R-5, 129U,in By-law 85-1 and designated as Low Rise Residential in the 2014
Official Plan.Staff visited the site onMarch 5, 2020.
The applicantis requesting permission to legalize a single detached dwellingwith anexistinghome
business (health office-registered massage therapy) having the required off-street parking space located
within the garage to be 3.1metresfrom the lot line rather than the required 6metres; and, for one off-
street parking space for the home business to encroach into the Regional right-of-way having a width of
2.6metres by a depth of 4.5metresrather than the required 2.6metresby 5.5metres.
It is noted that these variances were brought to staff’s attention by a complaint from March 2018. Though
the home business has continued to operate, the original concerns appear to be resolved in regards to
the complaint and no further complaints have been received since 2018.
Photo 2
Planning Comments:
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.
General Intent of the Official Plan
The subject property isdesignated Low Rise Residential. The use of the property as a single detached
dwelling with a home business meets the intent of the designation, whichencourages a full range of
housing types to achieve a low-density neighbourhood. The primary land use is residential, but it is
intended that complimentary non-residential uses, such as a home business may be permitted provided
appropriate zoning and regulations are in place. The home business meets all regulations of the by-law
except for setback for the parking space for the dwelling (which is in the garage) and for the parking
space for the home business to be undersized. As noted in the following sections, staff can support the
two variancesas the home business is consistent with the by-law regulations,and therefore does not
compromise the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation for a 6-metre setback for the parking space for the dwelling(in the garage) is
to ensure that vehicles do not dominate the streetscape and to ensure that vehiclesparking in front of
the garage do not encroach onto the sidewalk or roadway. The subject dwelling was built in 1951and,
at that time,the garagewas setback a minimum of6 metres from the front lot line, whichabuts a Regional
road.However, since the property was originally developed, a road widening has been taken which has
resulted in the current front lot line location(Photo 1). In addition, there exists a further 1.5 metres of
Regional land before the sidewalk, resulting in a 4.5 setback before the sidewalk. The deficient 6-metre
setback is an existing situation and continues to permit a vehicle to park in front of the garage.
The intent of the minimum parking space size(for the space in the driveway)is to ensure that vehicles
can be adequately located in thespace and not negatively affectthe surrounding area. The requested
variance of a parking space that 2.6 metres by 4.5 metres rather than the required 2.6 metres by 5.5
metrescan accommodate smallerto mid-sizevehicles. It is noted that the paved portion of the driveway
is actually wider than 2.6 metres (Photo 2) and therefore larger vehicles can still be accommodatedby
parking at a slight angle on the paved driveway that is available.
Region of Waterloo staff have advised that they are in support of the variances and that they have no
concerns with the encroachment of the existing parking space onto Regional lands. It was advised that
an encroachment agreement is not required with the Region.
Transportation Planning staff also support the proposed variances. Therefore, City Planning staff are of
the opinion that the intent of the Zoning By-law is being met.
Minor
In addition to the above comments, it is noted that the two parking variances have existed for more than two
years and other than one complaint in 2018 there have been no further concernsbrought to staff’s attention.
The owner is aware of the concerns about parking of vehicles over the lot line and encroaching onto the
sidewalk or neighbouring property. She advises that she spaces client’s appointments far enough apart that
there is no overlap in using the parking area. Based on the above comments,staff are of the opinion that
the variances are minor.
Appropriate Development
The proposed parking variances acknowledge an existing situation, whichhas not been a concern for
two years. Parking can be accommodated on siteand support by staff, as noted above. It is
recommended that this variance be approved relative a home business –registered massage therapist
use only. Based on the above, staff are of the opinion that the variances are appropriate for the
neighbourhood and development of the property.
Based on the foregoing, Planning staff recommends that this application beapprovedsubject to the
conditions outlined below in the Recommendation section of this report.
Building Comments: The Building Division has no objections to the proposed variance.
Transportation Services Comments: As this is an existing condition and has the support from Regional
staff, Transportation Services can support the proposed application.
Engineering Comments:No comments.
Heritage Planning Comments:Heritage Planning staff has no concerns with this minor variance
application. However, it should be noted that the Kitchener Cultural Heritage Landscape Study (CHLS)
dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in
2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural
Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally
addressed as 312 Weber Street West is located within the Mt Hope/Breithaupt Neighbourhood CHL. The
owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage
Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific
conservation options.
Environmental Planning Comments:No concerns.
RECOMMENDATION:
That application A2020-023 to legalize a single detached dwelling with a home business (health
office-registered massage therapy) having the required off-street parking space located within
the garage to be 3.1 metres from the lot line rather than the required 6 metres; and, 1 off-street
parking space for the home business to encroach into the Regional right-of-way having a width
of 2.6m by a depth of 4.5m rather than the required 2.6m by 5.5m, be approved, subject to the
following conditions;
1)Thata Zoning (Occupancy) Certificate be obtained from the Planning Division;
2)That the variance be for a home business –health office (registered massage therapist)
only; and,
3)That condition #1 completed by October 31, 2020. 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 conditions will result in this approval
becoming null and void.
Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP
Planning Technician (Zoning) Senior Planner
Feb 27, 2020
Holly Dyson
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 5) 08 WEBER KIT, Mary Kolosowski
Kitchener, ON N2G 4G7 7) 08 KING KIT, AHMET SHERIFALI
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-019 33 Lancaster Street East No Concerns.
2) A 2020-020 51 Nelson Avenue No Concerns.
3) A 2020-021 44 Beasley Drive No Concerns.
4) A 2020-022 903 Zeller Crescent No Concerns.
5) A 2020-023 312 Weber Street West No Concerns.
6) A 2020-024 85 Wood Street No Concerns.
7) A 2020-025 624 King Street West No Concerns.
8) A 2020-026 924 Redtail Court No Concerns.
9) A 2020-027 293 Field Sparrow Crescent No Concerns.
10) A 2020-028 783 Guelph Street No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are 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 these developments prior to the issuance of a building permit. The
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comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867