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Home My WebLink AboutDSD-20-109 - A 2020-045 - 1283 Victoria St NREPORT TO:Committee of Adjustment th DATE OF MEETING:September 15, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Tim Seyler, Planner–519-741-2200 ext. 7860 WARD:1 rd DATE OF REPORT:September 3, 2020 REPORT #:DSD-20-109 SUBJECT:A2020-045–1283 Victoria Street North Applicant –Drew Gillingham on behalf of 536357 Ontario Limited Recommendation: Approvalwith conditions Location Map: 1283 Victoria Street North REPORT Planning Comments: Thesubject property located at 1283 Victoria Street Northis zoned Arterial Commercial Zone (C-6)in the Zoning By-law 85-1 and designated Commercialin the City’s Official Plan. The applicant is proposing *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. torenovate the existing building for a retail use andcannotmeet the requirements of Section 12of the Zoning By-law. The applicant is requesting relieffrom: a) Section 12.1 to permit a retail use, whereas a retail use is not permitted within the C-6 zoning; b)Section 12.2.1 to permit an existing side yard setback of 1.51 metres whereas 3.0 metres is required. c) Section 5.3 to allow a 0.5 metreencroachment for a parking space located within the driveway visibility triangle whereas no encroachment is permitted within the driveway visibility triangle. City Planning staff conducted a site inspection of the property on August 26, 2020. 1283 Victoria Street North(Side view) 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. General Intent of Official Plan 1.The subject property is designated Commercial in the City’s Official Plan.The proposed variance meets the intent of the designation, as lands designated for commercial use provide a range of commercial options and ensures the uses are well distributed, accessible and able to respond to the City’s residents. Also, lands designated Commercial are intended to provide for a range of retail uses that cater primarily to the weekly and daily needs of residents within the surrounding neighbourhood. The addition of a retailuse meets the general intent of the Official Plan. General Intent of Zoning By-law 2.The requested minor variances to permit a retail use, to legalize a side yard setback of 1.51 metres whereas 3.0 metres is required and to allow a 0.5 metreencroachment for parking within the driveway visibility triangle whereas no encroachment is permitted, all meet the general intent of the Zoning By-law. The variance to permit a retail use is considered minor as it is the direction of the City’s new Zoning By-law 2019-051 that will permit retail uses in the area. However, it is noted that the 2019-051 By- law is currently under appeal and cannot be used for this report. Staff issatisfied that by permitting the retail use on the property ahead of the new By-law coming into effect meets the general intent of the Zoning By-law. The variance to legalize an existing side yard setback of 1.51 metres recognizes an existing situation as the setback of the building to the property line has existed for a long period of time with no adverse effects. Lastly,the variance to allow a 0.5 metreencroachment for parking within the driveway visibility triangle whereas no encroachment is permitted is as a result of a road widening allowance that is being taken for Natchez Road, which consequently will affect the parking lot setback. Staff is satisfied that the requested variances meet the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The new development encourages a mixeduse withinthe neighbourhood and is at a scale and density that is appropriate. Application in Appropriate 4.The varianceisappropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Proposed Site Plan–1283 Victoria Street North 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: Transportation Services does not have any concerns with the small overlap between the Driveway Visibility Triangle (DVT) and the barrier-free parking space. Given the road widening that is being taken, there will still be plenty of space for vehicles to move beyond the DVT and have adequate sightlines for egressing to the roadway. Environmental Comments: The property is adjacent to Kolb Creek and its riparian area. One Zone (Engineered) Floodplain is associated with the creek and extends over the entire property. Kolb Creek and its riparian area is a cold/cool water stream system. The creek and riparian area are considered an Ecological Restoration Area (ERA) in the new Kitchener Official Plan (adopted June 2014) and have been illustrated in the current zoning by law as an overlay. Staffadvisesthat the presence of an identified ERA may place limitations or conditions on adjacent lands related to development, redevelopment or site alteration-- especially when drainage characteristics, site grading and/or stormwater management are being altered. As this application is to permit an additional use only an EIS and/or conditions will not be requested. Heritage Comments: Heritage Planning has no concerns with this application. RECOMMENDATION That minor variance application A2020-045requesting relief from Section 12.1 to permit a retail use, whereas a retail use is not permitted; Section 12.2.1 to permit an existing side yard setback of 1.51 metres whereas 3.0 metres is required; and Section 5.3 to allow a 0.5 metreencroachment for aparking space located within the driveway visibility triangle whereas no encroachment is permitted within the driveway visibility triangle, be approved subject to the following conditions: 1.That Site Plan approvalis issued to the satisfaction of the Manager of Site Development and Customer Service. 2.That Zoning (Occupancy) Certificates areobtained from the Planning Division to establish the Retail use on the property. st 3.That all conditions shall be completed prior to July 1, 2021. 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, BES, MCIP, RPP Planner Senior Planner August 31, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 4) VAR KIT, KANCO Kitchener, ON N2G 4G7 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 1283 Victoria Street North No Concerns. 2) A 2020-046 221 Vanier Drive No Concerns. 3) A 2020-047 6 Pequegnat Avenue No Concerns. 4) A 2020-048 581 Strasburg Road No Concerns. 5) A 2020-049 26 6th Avenue No Concerns. 6) A 2020-050 598 604 608 Victoria Street South No Concerns. 7) A 2020-051 14 Tweedsmuir Court No Concerns. 8) A 2020-052 261 Woodbine Avenue No Concerns. 9) A 2020-053 80 McGee Avenue No Concerns. 10) A 2020-054 115 Parkvale Drive No Concerns. 11) A 2020-055 61 Irvin Street No Concerns. 12) A 2020-056 49 Lichty Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌБЎБЍЊ Ћ tğŭĻ Њ ƚŅ Ћ 13)A 2020-057114 Blair Creek DriveNo Concerns. 14) A 2020-058 64 Grand Flats Trail No Concerns. 15) A 2020-059 132 Wilhelm Street No Concerns. 16) A 2020-060 36 Jacob Gingrich Drive No Concerns. 17) A 2020-061 35 Sheldon Avenue North No Concerns. 18) A 2020-062 6 Willow Green Court No Concerns. 19) A 2020-063 353 Krug Street No Concerns. 20) A 2020-064 193 Strange Street No Concerns. 21) A 2020-065 192 Woolwich Street No Concerns. 22) A 2020-066 110 Fergus Avenue No Concerns. 23) A 2020-067 297 Ottawa Street South No Concerns. 24) A 2020-068 175 Queen Street North No Concerns. 25) A 2020-069 20 Hollybrook Trail No Concerns. 26) A 2020-070 43 Hollybrook Trail No Concerns. 27) A 2020-071 158 Pondcliffe Court No Concerns. 28) A 2020-072 900 Pondcliffe Court No Concerns. 29) A 2020-073 916 Pondcliffe Court No Concerns. 30) A 2020-074 31 Wilfong Drive 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 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 P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:September 15, 2020 Committeeof Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance Asareminder, the attachedletter from Nancy Davy, Director of Resource Managementwas circulated to municipalities to indicate that GRCAstaff do not have the capacity to review all minor variance applications at this time.If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B2020-026225Fairway RoadSouth B2020-02711Chicopee Park Court B2020-02811Chicopee Park Court B2020-029442Old Chicopee Trail B2020-03058Barbara Crescent B2020-031500KarnStreet B2020-032160Strange Street B2020-0334Westgate Walk B2020-034to B2020-036956. 958, 960, 962 Glasgow Street B2020-0371541Highland Road West The above-noted consent 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 questionsor require additional information, please contact me at 519-621-2763 ext. 2228or aherreman@grandriver.ca. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority.