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Home My WebLink AboutDSD-20-189 - A 2020-095 - 236 Woodhaven RdStaff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: November 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 3 DATE OF REPORT: November 10, 2020 REPORT #: DSD -20-189 SUBJECT: A2020-095 — 236 Woodhaven Road Owner — Anishnabeg Outreach Approve Subject to Conditions Figure 1. Subject property (outlined in white), shown in the midst of a low density residential neighbourhood. Wilson Public School property boundary is shown at the top of the aerial photo. REPORT Planning Comments: The subject property is located on Woodhaven Road, between Siebert Avenue and Maywood Road, in the Vanier Planning Community. The property contains a building originally constructed / used as a religious institution. The main building and property are now occupied by Anishnabeg Outreach (also known as AO) and used for institutional purposes. Since AO purchased the property two years ago, it has undertaken several improvements, including repaving and restriping the parking lot, establishment of gardening beds, concrete walkway construction and repair. An unmodified shipping container and an accessory building are located at the northeast corner of the property. A City -owned walkway is located *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. along the property's eastern property line, which connects Maywood Road to Woodhaven Avenue, and is used as a connection for elementary school students travelling to and from the nearby Wilson Avenue Public School. The property is in the midst of a low density residential neighbourhood that comprises mainly single detached dwellings. Single detached dwellings surround the subject property. The property is designated Low Rise Residential in the City's Official Plan and is zoned Neighbourhood Institutional Zone (1-1) with Special Use Provision 93U (By-law 85-1) and INS -1 (By-law 2019-051 — under appeal). Figure 2. The existing shipping container is shown at left and the existing detached accessory building is shown immediately to the right of the shipping container. Note that the proposed accessory building (modified shipping container) would be located to the right of the existing accessory building. AO is seeking minor variances to legalize the existing unmodified shipping container, which is considered outdoor storage under By-law 85-1 and 2019-051, and to legalize the rear and side yard setbacks for an existing accessory building. In addition, AO is seeking relief from side yard setback requirements to allow a new accessory building (modified shipping container). Note that an unmodified shipping container is not considered a building under the Building Code (OBC), whereas a modified (e.g., windows and/or doors cut into the sides) shipping container is considered a building and is subject to the OBC and zoning setback requirements. Instead, an unmodified shipping container is considered outdoor storage under the Zoning By-law, and not subject to zoning setback requirements. Specifically, AO is requesting the following variances (see plans attached to this report, which show the location of the shipping container and accessory buildings relative to other property features, lot lines, etc.): Variances from By-law 85-1: i. to legalize existing outdoor storage (i.e., an unmodified shipping container), whereas Section 31.3.4 does not permit outdoor storage of goods, materials or equipment, ii. to legalize a rear yard of 5.0 metres for an existing accessory building, whereas Section 31.3.4 requires a minimum of 7.5 metres, iii. to legalize a side yard of 1.5 metres for an existing accessory building, whereas Section 31.3.4 requires a minimum of 6.0 metres or one half the building height, whichever is greater, and iv. to allow a side yard of 4.8 metres for a proposed accessory building (i.e., modified shipping container), whereas Section 31.3.4 requires a minimum of 6.0 metres or one half the building height, whichever is greater. Variances from By-law 2019-051: i. to legalize existing outdoor storage (i.e., unmodified shipping container), whereas Section 11.5 does not permit outdoor storage, ii. to legalize an interior side yard setback of 1.5 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 3.0 metres, iii. to legalize a rear yard setback of 5.0 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 7.5 metres, iv. to legalize a yard setback abutting a lot zoned for a low density residential use of 1.5 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 7.5 metres, and V. to allow a yard setback abutting a lot zoned for a low density residential use of 4.8 metres for a proposed accessory building (i.e., modified shipping container), whereas Section 11.3 requires a minimum of 7.5 metres, General Intent and Purpose of Official Plan Test The following Official Plan policies are applicable to the requested variances: 15.D.3.14. The predominant land use within the Low Rise Residential designation will be residential but it is intended that complementary non-residential land uses may be permitted to locate within this designation subject to any locational criteria and the appropriate zoning being in place. The City will encourage and support complementary non-residential land uses to be mixed with residential uses at a scale and in appropriate locations within low density residential areas subject to the Non -Residential Supporting Land Uses Policies 15.D.3.27 through 15.D.3.31 inclusive and the appropriate zoning. Non -Residential Supporting Land Uses 15.D.3.27. The City will support the integration of non- residential land uses, which are complementary and serve the needs of residents, at appropriate locations in the residential land use designations to support the development of a walkable and complete community. Within the Residential land use designations individual properties will be zoned to achieve an appropriate mix of uses that are compatible with the surrounding residential neighbourhoods. In this regard, the AO's use of the property is complimentary to the surrounding low density residential uses. It should be noted that the non-residential use of the property has been established for many years and the property is zoned for institutional uses. Planning staff is of the opinion that the variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the regulations prohibiting outdoor storage is to prevent unsightly property conditions and poor property maintenance, especially for surrounding non-residential uses. In this case, the outdoor storage is geographically and dimensionally limited to an unmodified shipping container. The general intent and purpose of the minimum side and rear yard requirements is to ensure that the buildings on the property are adequately set back from adjacent residential uses. However, the main intent is not to regulate smaller, accessory buildings, but rather the principal buildings. Planning staff recommends a condition to require a wood fence to be constructed adjacent to the side and rear lot lines, in the vicinity of the accessory buildings and outdoor storage. The purpose of the fence would be to largely screen the view of the outdoor storage and accessory buildings from the adjacent residential uses. In addition, a condition to require approval of a Stamp Plan B Application to show the changes to the property is recommended. If these conditions are imposed, Planning staff is of the opinion that the variances will meet the general intent and purpose of the Zoning By-law. "Minor" Test The variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The abovementioned conditions will ensure that the proposed outdoor storage and accessory buildings are compatible with the adjacent low density residential uses. Planning staff is of the opinion that the variances are minor. Desirability for Appropriate Development of the Land Test AO provides an extremely valuable service to the indigenous community and the region. The requested variances will allow the placement of outdoor storage and accessory buildings that will assist AO in providing a safe, secure, and convenient storage solution. The aforementioned conditions will ensure compatibility with adjacent uses. Planning staff is of the opinion that the variances are desirable for the appropriate development of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the storage container is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: No Heritage Planning concerns. Environmental Planning Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-095 requesting relief from By-law 85-1: i. to legalize existing outdoor storage (i.e., an unmodified shipping container), whereas Section 31.3.4 does not permit outdoor storage of goods, materials or equipment, ii. to legalize a rear yard of 5.0 metres for an existing accessory building, whereas Section 31.3.4 requires a minimum of 7.5 metres, iii. to legalize a side yard of 1.5 metres for an existing accessory building, whereas Section 31.3.4 requires a minimum of 6.0 metres or one half the building height, whichever is greater, and iv. to allow a side yard of 4.8 metres for a proposed accessory building (i.e., modified shipping container), whereas Section 31.3.4 requires a minimum of 6.0 metres or one half the building height, whichever is greater, be approved, subiect to the following conditions: 1. That the owner shall submit and obtain approval of a Stamp Plan B Site Plan Application, to the satisfaction of the City's Director of Planning. The Stamp Plan B shall address site features and changes related to the variances, such as fencing; landscaping; and location of outdoor storage, shipping containers, and accessory buildings. 2. That the owner will construct and maintain an approximate 2.6 metre (8.5 feet) high wood fence adjacent to the side and rear lot lines, in the vicinity of the existing unmodified shipping container, existing accessory building, and proposed accessory building, to the satisfaction of the City's Director of Planning. 3. That Conditions 1 and 2, above, shall be completed by December 1, 2021. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. B. That Minor Variance Application A2020-095 requesting relief from By-law 2019-051: i. to legalize existing outdoor storage (i.e., unmodified shipping container), whereas Section 11.5 does not permit outdoor storage, ii. to legalize an interior side yard setback of 1.5 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 3.0 metres, iii. to legalize a rear yard setback of 5.0 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 7.5 metres, iv. to legalize a yard setback abutting a lot zoned for a low density residential use of 1.5 metres for an existing accessory building, whereas Section 11.3 requires a minimum of 7.5 metres, and V. to allow a yard setback abutting a lot zoned for a low density residential use of 4.8 metres for a proposed accessory building (i.e., modified shipping container), whereas Section 11.3 requires a minimum of 7.5 metres, be aaaroved. subiect to the followina conditions and subiect to this minor variance becomin 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. O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the date of this decision. Further, should the regulations relatina to the reauested variance chanae prior to Zonina By-law 2019-051 comina into force. this variance shall be void 1. That the owner shall submit and obtain approval of a Stamp Plan B Site Plan Application, to the satisfaction of the City's Director of Planning. The Stamp Plan B shall address site features and changes related to the variances, such as fencing; landscaping; and location of outdoor storage, shipping containers, and accessory buildings. 2. That the owner will construct and maintain an approximate 2.6 metre (8.5 feet) high wood fence adjacent to the side and rear lot lines, in the vicinity of the existing unmodified shipping container, existing accessory building, and proposed accessory building, to the satisfaction of the City's Director of Planning. 3. That Conditions 1 and 2, above, shall be completed by December 1, 2021. Any request for a time extension must be approved in writing by the Director of Planning (or designate), prior to completion date set out in the decision. Failure to complete the conditions will result in this approval becoming null and void. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Attach: • Appendix A — Small -Scale Plan Submitted with Application Form • Appendix B — Large -Scale Plan Submitted with Application Form ilou51:8 �NN �.'—.':'. :..L1AKtr C,pt,Ci'.1'314TLIii�t4p • ;_... _:.. .. A£SA.ft.. QF....tAL 05e.AP%V4C TG MIACGN.".E1lI�FS79fJ.G code. PA-0 a OF I<XISTINty Movir, E%. GONG w47E.T0 r_w'kLK P, 0WVVZ5Lr a.q •. i t a -.R 71• �1�.aPl�W1x. hS0.TGii cAtwC. !,.AWA I - --- rt 'Ri1.Qf. ATRO. �q �LXI'WriNG - �• O I 4� 49 NC. WALIUS �--LAMP Y6S7S �. - � PARIc9 c4 Z ` 4 t%PAN, JOINTS ►T95. FLX�4T._ F1tL1,lT,3RAi4. �"Al�I C.G• __ �f .. ` 1 R'B mQv N d p 22.+526 t' A4'SPWAt c- uar . Z � ai: A$Bt• PfLDY I C N>L W PF jODSAV.EN D� 6ay e t.bm 31 PAD MOWN 1�14I )vv 4,�u r A(c Rz�, .... All i T� L* to nwrs XPaN• 3tliWYO I'm mays -MA 14 E OF A3' P t µi►hiDtt�►i4.S W Ef P �Vaow% Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN 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 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) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — 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 November 4, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street 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(a)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 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River