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Home My WebLink AboutDSD-20-166 - A 2020-080 - 335 Lancaster St WREPORT TO:Committee of Adjustment DATE OF MEETING:October 20, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Richard Kelly-Ruetz,Planner–519-741-2200 ext. 7110 WARD:10 DATE OF REPORT:October 9, 2020 REPORT #:DSD-20-166 SUBJECT:A2020-080–335 Lancaster Street West Owner –Dr. Andrew Stewart & Alison Salhani Approvewith condition AS AMENDED Location Map: 335 Lancaster Street West REPORT Planning Comments: The subject property located at 335 Lancaster Street West is designated Mixed Use in the City’s Official Plan. In Zoning By-law 85-1, the property is zoned Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R. In Zoning By-law 2019-051 (currently under appeal), the property is zoned Mixed Use One (MIX-1). *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subject propertycontains an existing one-storey building whichis proposed tobe converted, via Building Permit, toa Health Clinic / Health Office. Through review of the Building Permit, a parking deficiency has been flagged. There are only 8 parking spaces available on the property. In Zoning By- law 85-1, 17 parking spaces are required, and in Zoning By-law 2019-051, 14 spaces would be required. A minor variance request hasbeen made to facilitate the use of the building as a Health Office/Clinic. Amendment to Variance Request The initial variance request only applied to Zoning By-law 85-1.Staff recommendsthat the minor variance request also apply to Zoning By-law 2019-051. While By-law 2019-051 is currently under appeal, 14 parking spaces would be required under that By-law, and the 8 spaces on the site would not be enough to meet the requirement. As such, staff recommends that the formal request be AMENDEDto expand the variance request to also apply to Zoning By-law 2019-051. Staff is of the opinion that sufficient notice was given for the minor variance application and the inclusion of a variance to By-law 2019-51 has no impact on the overall nature of the application. As such, relief is requestedfrom Section 6.1.2 a) of the Zoning By-law 85-1 and Section 5.6 of Zoning By-law 2019-051 to permit a 262 square metre building to be used as a Health Clinic and/or Health Office to have 8 parking spaces, rather than the required 17 spaces (By-law 85-1) or 14 spaces (By-law 2019- 051). City Planning staff conducted a site inspection of the property on October 7, 2020 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. 1.General Intent and Purpose of Official Plan Test The subject property is designated Mixed Use in theCity’s OfficialPlan.The intent of this designation is to achieve an appropriate mix of commercial, residential and institutional uses.The site is well served by transit and the proposed commercial use is in keeping with the designation. As such, the requested variance to reduce the amount of requiredparking is in keeping with the general intent of the Mixed Use designation. 2.General Intent and Purpose of Zoning By-law Test The purpose of the parking space requirement is to ensure that sufficient parking spaces are available for uses on a property.Staff is satisfied that the reduction in required parking spaces from 17spaces(By-law 85-1) / 14 spaces (By-law 2019-051)to 8spaces meets the general intent and purpose of the Zoning By-law as the site is well-served by transitwithinnearby neighbourhoods. Further, the applicant has indicated that there is an informal agreement between the subject property and the neighbouringplaza to allow for use of some of the plaza spaces in cases of overflow.Staff has no concerns with the number of available parking spaces (8) for this building and its uses. 3.“Minor” Test The variance can be considered minor as the reduced parking space requirement is warranted as the site iswell-served by other transit.Further, the applicant has indicated that a maximum of 4-6 patients are likely to be in the office at any one time, which should allow the building to function with only 8 parking spaces.Staff is satisfied that the parking reduction is minor. 4.Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land,as the requested parking reduction will facilitate a permitted use in an existing building, and staff is satisfied that there will continue to be sufficient parking spaces available for the building, as it is well served by transit. Based on the foregoing, Planning staff recommends thatthis application beapprovedwith one conditionAS AMENDED. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Based on staffing and patient model of the medical use, existing on-street parking available in the area, coupled with justification from the applicant notingthat there are many patients that use public transit and are also dropped off and picked up from the site by someone, Transportation Services can support the proposed reduction in parking being proposed. Heritage Comments: No Heritage Planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A.That Minor Variance Application A2020-080requesting relief from Section 6.1.2a)of the Zoning By-law85-1and Section 5.6 of Zoning By-law 2019-051 topermit a262 square metre building to be used as a Health Clinic and/or Health Office to have 8 parking spaces, rather than the required 17 spaces (By-law 85-1) or 14 spaces (By-law 2019-051), be APPROVED AS AMENDED, subject to the followingcondition: a.That the minor variance to Zoning By-law 2019-051 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.S. 1990, c. P 13, as amended, and the variances shall be deemed to have come into force as of the dateof this decision, Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner September 30, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 7) St. John Bapt. Romanian, 1996-053 Kitchener, ON N2G 4G7 8) 15 KING KIT, LUTHERAN HOMES Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) CC 2020-004 56 Roos Street No Concerns. 2) A 2020-075 44 Martin Street No Concerns. 3) A 2020-076 632 Beckview Crescent No Concerns. 4) A 2020-077 177 Wilderness Drive No Concerns. 5) A 2020-078 28 Valencia Avenue No Concerns. 6) A 2020-079 368 Wellington Street North No Concerns. 7) A 2020-080 335 Lancaster Street West No Concerns. 8) A 2020-081 825 King Street West No Concerns. 9) A 2020-082 293 Blucher Boulevard No Concerns. 10) A 2020-083 44 Breithaupt Street No Concerns. 11) A 2020-084 517 Old Cottage Close No Concerns. 12) A 2020-085 & A2020-086 124 Mill 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЊЌЋВЎ tğŭĻ Њ ƚŅ Ћ 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 October 8, 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:October 20, 2020 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance 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 B 2020-026225 Fairway Road South B 2020-0334 Westgate Walk B 2020-039518 Bridgeport Road East B 2020-040518Bridgeport Road East B2020-041122-124MillStreet 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 questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherreman@grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority *Thesecomments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority.