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HomeMy WebLinkAboutDSD-20-208 - A 2020-106 - 1031 Victoria St NStaff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8th, 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 DATE OF REPORT: November 26th, 2020 REPORT #: DSD -20-208 SUBJECT: A2020-106— 1031 Victoria Street North Applicant — Nikiforos Tsimpragos Recommendation: Approval with conditions �OKI,_ tom. V+G,U�`PSS -7 I. s.et A - s Location Map: 1031 Victoria Street North REPORT Planning Comments: The subject property located at 1031 Victoria Street North is zoned Arterial Commercial Zone (C-6) in the Zoning By-law 85-1 and designated Commercial in the City's Official Plan. The applicant is proposing to use the existing building for a retail use and cannot meet the requirements of Section 12 of the Zoning By-law. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting relief from: a) Section 12.1 to permit a retail use, whereas a retail use is not permitted within the C-6 zoning; b) Section 6.1.2a) to permit a parking rate for a retail use of 1 space per 33m2 whereas the parking rate for a retail use requires 1 space per 20m2 It should be noted that the parking layout that is currently on site, is considered legal non -conforming. The applicant is currently only requesting to legalize the parking rate so that the 17 legal non -conforming parking spaces meet the parking calculation for commercial recreation (gym and fitness center) and retail space. Currently there are no future plans to alter the current parking layout, and the applicant is aware that a site plan application would be required, if any of the parking spaces were to be altered or relocated. As per the above aerial photo, there were a number of spaces outside of the property boundaries and in the regional right of way. Theses spaces that encroached have been removed due to the Regional road reconstruction. The commercial recreation use was established in 2016 and currently requires 12 spaces on site, which leaves 5 spaces for the retail use. The Crozby calculation of 1 space per 33m2 meets the requirement for 5 spaces, based off of the remaining gross floor area of the building provided. City Planning staff conducted a site inspection of the property on November 26, 2020. 1031 Victoria Street North (Retail Space, Front Unit) 1031 Victoria Street North (Commercial Recreation space, Rear Unit) Current legal non -conforming parking layout on file. (17 spaces total) 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 offers the following comments. General Intent of Official Plan 1. The subject property is designated Commercial in the City's Official Plan. The proposed variances 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 retail use, and parking rate meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variances to permit a retail use, and for a reduced parking rate of 1 space per 33m2 whereas a parking rate of 1 space per 20m2, all meet the general intent of the Zoning By-law. Both variances to permit a retail use, and for a reduced parking rate are considered minor as this is the direction of the City's new Zoning By-law 2019-051 which will permit retail uses and the proposed parking rate for retail use in the area. However, it is noted that the 2019-051 By-law is currently under appeal and is not in effect Furthermore, there are no additional variances required to By-law 85-1 for the current building, as the setbacks are currently met, and there are no proposed changes to the existing building. Staff is satisfied that by permitting the retail use on the property and the reduced parking rate ahead of the new By-law coming into effect meets 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 mixed use within the neighbourhood and is at a scale and density that is appropriate. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the for the change of use to retail space is prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support the proposed parking reduction to 1 space per 33 square metres for a retail use, as it is an existing condition and the proposed parking rate follows the intent of 2019-051 zoning by-law. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning has no concerns with this application. RECOMMENDATION That minor variance application A2020-106 requesting relief from section 12.1 to permit a retail use, whereas a retail use is not permitted; and relief from Section 6.1.2a) to permit a parking rate for a retail use of 1 space per 33m2 whereas the parking rate for a retail use requires 1 space per 20m2, be approved subject to the following conditions: 1. That Zoning (Occupancy) Certificates are obtained from the Planning Division to establish the Retail use on the property. 2. That all conditions shall be completed prior to December 31St, 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 Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo November 17, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 File No.: D20-20/ VAR KIT GEN (4) / 55, Nikiforos Tsimpragos Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting December 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-103 — 840 Stirling Avenue South — No Concerns. 2) A 2020-104 — 114 Peach Blossom Crescent — No Concerns. 3) A 2020-105 — 39 Water Street North —No Concerns. 4) A 2020-106 — 1031 Victoria Street North: Existing Parking & Sign Encroachments: Regional staff have concerns with the few existing parking stalls currently encroaching (Plan attached) into Victoria Street North (RR #55) right-of-way. Regional staff would not support or allow any encroachments into the Regional right-of-way. Therefore, the existing encroaching parking spots must be removed permanently. One of the 2 encroaching parking spots at east property side has been already removed due to recent reconstruction of Victoria Street, but 1 parking spot is still within the Regional right-of- way. Similarly, 1 parking spot on the west side is partly encroaching within the Regional right-of-way. This may also affect the parking spots required for the existing and the Document Number: 3464204 Page 1 of 3 proposed business on the above lands. A parking plan showing all the required parking spots on the private lands be provided for further review by the staff; and be approved by the City to ensure there is no parking encroachment within the Regional road right-of- way. Also, there is a ground sign encroaching within the Regional right-of-way, which should also be removed onto private property. 5) A 2020-107 — 236 Margaret Avenue — 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, "�.-:___J�L- g) Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 PFA-�' TORIA STREET NORTH - EXISPARKING ENCROAGHIENT 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 November 26, 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: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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 aherremana_grand river. 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 Holly Dyson From: Tony To <Tony.To@metrolinx.com> Sent: 30 November, 2020 10:42 AM To: Holly Dyson Subject: [EXTERNAL] RE: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting Attachments: Metrolinx Environmental Easement, September 2020.docx Thanks Holly. My comments on the MV applications relevant to Metrolinx are below. A 2020-105 — 39 Water Street North I understand the subject application is requesting relief from the Zoning By-law in order to convert an existing single family dwelling to a "Lodging House." I note the subject lands are located in proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. My comments on the subject application are noted below: 1. It is recommended the proponent obtain a noise and vibration assessment, conducted by a qualified professional, to identify any potential noise and/or vibration impacts as a result of the neighbouring rail operations, and recommended mitigation. Should the proponent wish to undertake the assessment, they may obtain the most up to date rail forecast by submitting a request to raildatarequests@metrolinx.com. 2. The Owner agrees to grant Metrolinx an environmental easement for operational emissions, registered on title against the subject property. I have attached a copy of the environmental easement language for the applicant's information. The applicant may contact me directly with any questions, and to begin the registration process. A 2020-106 — 1031 Victoria Street North I understand the subject application is requesting relief from the Zoning By-law in order to permit retail commercial use on the subject land, which is currently being operating as "Gym and wholesale" uses. I note the subject lands are located in close proximity to Metrolinx's Guelph Subdivision, which carries GO Transit service along the Kitchener rail corridor. I have no concerns or comments related to the requested relief and change in use. TONY TO Project Manager Third Party Projects Review, Capital Projects Group Metrolinx 120 Bay Street I Suite 600 1 Toronto I Ontario I M5J 2W3 T: 416.202.0809 C: 416.902.0157 aft METROLINX From: Holly Dyson <Holly.Dyson @kitchener.ca> Sent: November -30-20 9:12 AM To: Tony To <Tony.To@metrolinx.com>; Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: RE: ACTION REQUIRED - Committee of Adjustment Agenda - December 8, 2020 Meeting Hi Tony, You can email your comments directly to me. Thanks. Form of Easement WHEREAS the Transferor is the owner of those lands legally described as [insert legal description] (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and any other emission and sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. Re: Committee of Adjustment Application for Minor Variance A2026- 1031 Victoria Street North To whom it may concern: It has come to our attention that a variance Application has been submitted on a property which impacts our property on . We are located= from 1031 Victoria Street North, and unfortunately not being within 30 in, did not receive written notice. We find the 30m notification radius inadequate. The subject property has changed uses numerous times in the recent past, including a beauty and hair styling school, a wholesale discount outlet, and now most recently a fitness, outlet. It is unclear how a Retail use differs from previous uses, unless it involves greater traffic, and demands for parking. Parking generally in the neighbourhood has become strained, in particular when the Mosque is functioning (as prior to COVID). The streets are filled! If it can be proven that that the intended retail will require less parking, then it may not be a significant concern. However, if the current parking arrangement is reviewed, it appears to be badly structured and in poor repair. Also, there appears to be no facility for exterior garbage storage or deliveries. Of greater concern than parking, is the use of the property as a gym which extends to the outdoors. At the rear of the building is an existing overhead door that is frequently opened before 8:00 am. (including Sundays), spilling out loud bass filled amplified music and cardio instruction. Also, since the rear yard space is small, outdoor equipment stored there has spilled onto the rear Mosque parking area. Large tires are pounded with clubs, and loaded metal skids are dragged back and forth on the asphalt noisily. There have, also been cardio workout groups with amplified music and instruction in the early morning, in the rear of the Mosque parking lot. This has been a disturbance at our rear property with bedrooms backing onto this space. We would hope these items and all other items normally associated with a Site Plan Approval be addressed. In particular concern is the glare producing rear security lights, noise and lack of site maintenance. Please consider our comments; and we thank you for your consideration.