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HomeMy WebLinkAboutDSD-20-200 - A 2020-080 - 335 Lancaster St WREPORT TO:Committee of Adjustment DATE OF MEETING:November 17, 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:November 5, 2020 REPORT #:DSD-20-200 SUBJECT:A2020-080–335 Lancaster Street West Owner –Dr. Andrew Stewart & Alison Salhani ApproveAS 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 has been 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). Deferral –October 20, 2020 Committee Meeting The minor variance application for the subject property was originally heard at the October 20, 2020 Committee of Adjustment Meeting.At themeeting, Staff recommended approval (as amended). At the October meeting, Committee expressed some concerns with the accuracy of the number of parking spaces provided on the subject propertyand whether those spaces could be accessed, and were contemplating whether an overflow parking agreement with the adjacent plaza owner (formal or informal) should be requiredin order to further justify the parking reduction. As a result of these concerns, Committee deferred theirdecision to the November 17, 2020 meeting in order to allow staff and the applicant time towork through these issues. Issues Addressed Since Deferral Staff and the applicant have worked closely since the October deferral to resolve outstanding issues Committee had with the parking reduction request. Themain issues and resolutions aresummarized below. Number of Parking Spaces at 335 Lancaster Street West The variance request seeks to reduce the number of required parking spaces on the subject property to 8 spaces. At the October Committee meeting, some questions were raised as to whether 8 spaces could be provided on-site. Further, a Committee member indicated that during a site visit, they were unable to verify the existence of 8 parking spaces to the rear of the subject property. City staff indicated that 8 parking spaces have historically been recognized on the propertyalthough there is nosite plan available to formalize the location of these spaces. Planning staff alsoobserved during a site visit that the parking space painted lines were faded, making itdifficult to verify. Since the October meeting, the applicant has completeda parking plan based off a Plan of Survey prepared by Brubacher Campbell Limited, O.L.S., dated August 2, 1990. The parking plan confirms that 8 spaces can be provided at the rear of the subject property, and that each space meets the minimum size requirements for a parkingspace(2.6 metres in width by 5.5 metres in depth). The parking plan is attached as Appendix A, and the Plan of Survey is attached as Appendix B. Snapshot of parking plan confirming 8 spaces can be provided Further to the parking plan, the applicant completed the additional exercise of delineating each of the 8 parking spaces with new painton-site. Staff visited the subject property and have confirmed that 8 parking spaces are provided and generally match the parking plan noted above. The ramp did not have to be removed in order to accommodate spaces 7 & 8. A photo of the delineated spaces is shown below: Photo of 8 parking spaces painted in October 2020 on the subject property Driveway Access to Rear Parking During the October Committee meeting, a member expressed uncertainty with regards to whether a vehicle could access the rear parking spaces while remaining within the boundary of the subject property. The member asked whether there is a mutual access agreement of some kind on title of the property. The applicant has confirmed that there is noshared access on title between 335 Lancaster and the adjacent property. The parking plan prepared by the applicant and attached as Appendix A indicates there is just over 2 metres of driveway on the subject property (at its narrowest point) to allow access to the rear parking spaces. While this is certainly a tight fit, Transportation staff are supportive of this as it is existing and has been functioning that way for some time. Based on quick research, most cars would be able to fit in that space. Width of driveway access at side of existing building Overflow Parking Agreement with Plaza For the October Committee meeting, the applicant indicated that there is an informal agreement between themselves and the adjacent plaza owner which would permit users of the subject property to occupy some of the plaza parking spaces in cases of overflow. Significant discussion took place at the Committee meeting as to whether this agreement should be registered on title in order to secure parking long-term. Part of the reason for deferral included allowing the opportunity for the owners of the subject property to explore a formal agreement. In the time since the last meeting, the owners of the subject property have indicated that registering an agreement on title may impacttheir purchase ofthe property. Further,and most relevant to the variance request,they havealsoprovided additional justification to explain how the 8 parking spaces on the property is sufficient to support their proposed use. This letter is attached as Appendix C. Summary of Updated Staff Position Staff remains supportive of the parking reduction request, and additional background, justification, and th site works done by the applicant between the October 20deferral and the date of this report has strengthened our support. Planning staff’s recommendation of approval with condition remainsthe same as our previous report prepared for the October 20, 2020 Committee meeting. Staff conducted a site inspection of the property on October 7, 2020and November 3, 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, there is on-street parking available on nearby streets which can help support any 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 be approvedAS 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 noting that 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: a.Relief from Section 6.1.2a)of Zoning By-law85-1topermit 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; and, b.Relief from Section 5.6 of Zoning By-law 2019-051 topermit 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 14 spaces, BeAPPROVED AS AMENDED. Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Parking Plan of Subject Property – Appendix A Appendix B–Plan of Survey of 335 Lancaster St W Appendix C–Letter to Committee of Adjustment from Applicant Drs. Alison Salhani and Andrew Stewart (2662671 Ontario Ltd) 335 Lancaster Street West Kitchener, ON N2H 4V4 October 29, 2020 To the Members of the Committee of Adjustments: RE: A 2020-080-335 Lancaster Street West We are writing regarding your upcoming meeting on November 17, 2020 during which we hope you will be able to acceptour requestforrelief from Section 6.1.2 (a) of the Zoning By-law to permit our health office to have 8 parking spaces instead of the required 17 spaces. First, let us say thank you for the time and consideration you have put forth regarding our application.We appreciate the time you spent on our case at the meeting in October, as well as the time you will spend in the upcoming meeting after your decision was deferred. We purchased the building at 335 Lancaster Street West in August, 2020, in the hopes of making this building home to our small Obstetrics and Gynecology practice. It is our hope that we will be able to use this space to provide obstetrical care to the women of Waterloo Region, and their unborn babies. We both also have a strong belief that Women’s Health in this Region must be supported, and we pride ourselves in contributing to that end. Our plan for this site is to build a medical clinic with 6 examination rooms on the main floor. The basement is going to be used for storage and some private work space for us to do administrative work when we are not seeing patients. We each use clinic space approximately 2 days each week to see patients. The remainder of our time is spent providing inpatient care at Grand River Hospital (KW Site), either in Labour and Delivery, on Call, or in the Operating Room. In general, we try to work independently, so there is only one physicanworking in the office at a time. All six examination rooms would only be in use on the rare occasions (perhaps 2-3 times per month) when we are both seeing patients in the office at the same time. Most of the time, two to three rooms would be occupied by patients at any one time. On most weeks, there will be 2-3 days the clinic will be in use for 2-3 patients at a time. Except in exceptional cases, women come to the clinic alone. Many are dropped off for their appointments by a loved one, or use public transit. Some drive themselves, and willof courserequire parking. We have one full time administrative assistant, who works in the office 5 days a week. We do employ part time nursing to assist with clinics. We understand your concerns with respect to the number of on-site parking spaces available for patients. We hope that you can accept our proposed parking plan, and will allow us this variance to decrease our required on-site parking spaces from 17 to 8. Our plan is as follows: All 8 parkingspots will be made available to patients. Our staff will not occupy any of the 8 spots. We will expect our staff to take public transportation, be dropped off at work, or make arrangements for legal, off-site parking. We, the physicians, will do the same. Appendix C–Letter to Committee of Adjustment from Applicant As per the submitted site plan, there is enough room for 8 parking spots behind the building, all of which meet the required specifications.These have been painted out on the property. There is 2-sided street parking behind the neighbouring plaza on Bond St. We anticipate that many patients will use public transit, or be dropped off and picked up at the clinic. We feel that with the above in mind, the 8 existing spots should provide adequate on-site parking to serve our patient population. For this reason, we feel it is unnecessary to enter into an agreement, formal or informal, with the neighbouring plaza owner to use or rent parking spaces in the neighbouring plaza parking lot. Further, we are unable to accommodate the Committee’s suggestion to register the plaza owner on the Title of our property. Scotiabank, our lender,will not allow anyone else on the title of the property without reapplying for financing.We also worry this may be a detrimental infringement on our ability to sell the property in the future. Frankly, it may also infringe on our neighbours’ ability to do the same. We hope that the explanation provided in this letter, along with the updated site plan, will be deemed of adequate merit for the Committee of Adjustments to accept our application for variance so that we can open our small medical clinic at 335 Lancaster Street West with 8 on-site parking spots. Sincerely, Alison Salhani Andrew Stewart REPORT 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.