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Home My WebLink AboutDSD-2021-010 - A 2020-100 (amended) - 9-11 Samuel StREPORT TO:Committee of Adjustment DATE OF MEETING:January 11, 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Rice Menezes, Sheryl, Planning Technician (Zoning) 519-741-2200 ext.7844 WARD(S) INVOLVED:10 DATE OF REPORT:January 13, 2021 REPORT NO.:DSD-21-010 SUBJECT:Minor Variance Application A2020-100 AMENDED 9–11 Samuel Street Owners–Jenn and Dan Givlin Applicant –Leena Miller RECOMMENDATION: That application A2020-100 requesting permission to use the former semi-detached dwelling as a single detached dwelling that did not exist in 1994, the date CR-1 was applied to the property,andfurther to permitthe single detached dwelling to have an accessory home business (personal service/yoga studio): 1)with a gross floor area (GFA) of 170 sq.m. ratherthan the maximum permitted 50 sq.m.; 2)having a maximum of 12 off-site people (clients and/or off-site employee/business owner) to the property at one time, rather than the permitted maximum of oneoff-site employee and threeclients; 3)having 4 off-street parking spaces for the home business arranged in tandem in each of the two driveways, rather than the required 3 off-street parking spaces accessible independently; and, 4)to legalize two driveways for the single detached dwelling rather than the maximum of onedriveway; be approved, subject to the following conditions: 1.That a building permit is obtained from the Building Division; and, 2.That a Zoning (Occupancy) Certificate is obtained from the Planning Division. REPORT HIGHLIGHTS: The subject building was originally constructed as a semi-detached dwelling. Around 2008, the structure was converted to a single detached dwelling with an accessory home business (office). The new owners (Leena Miller and co-owner Leslie) are proposing to continue the use as a single detached dwelling butare intending to changethe home business use to a yoga studio (personal service). Leslie *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. will live in the dwelling unit, and co-owner Leena will come from off-site to work in the studio. As well, one additional employee may attend classes on occasion. Location Map BACKGROUND: The property is designated as Low Density Commercial-Residentialin the Central Frederick Neigbhourhood Secondary Plan and identified as Community Areason the City’s Urban Structure Map. The property is zoned as CR-1, 114R and 128Uin Zoning By-law 85-1. REPORT: Planning Comments: 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 the Official Plan The intent of the Low Density Commercial-Residential designation is to ensure that there is a range of residential and office usesin the neighbourhood. It also encourages ‘the conservation and continuance of the existing character and quality of the area’. Permitted residential uses include single detached dwellingsand home businesses, such as personal services (yoga studios). The proposedvariances meet the general intent of the Secondary Plan (Official Plan). General Intent of the Zoning By-law The intent of the regulations for a home business is to ensure that the use is accessory to the main residential dwelling. Regarding the variance to increase the home business’gross floor area, the change toa yoga studio is required,as more space is needed to conduct classes. As well, the 170 sq.m. includes a reception area, change rooms, washrooms, office space and an area for filming virtual yoga classes. Regarding the number of clients and off-site employees to the premises, this business is co-owned and one of the business’owners lives off-site. In addition, one employee may attend classes. The request for a total maximum of 12 off-site people permits a combination of off-site owner/oneemployee and clients. There may be several classes a day, mostly in the evening, and all clients come and go at the same time. The main consideration when evaluating the requested variance against the general intent of the zoning is if there sufficientparking for clients and this is addressed in the next point. It is noted that this neighbourhood is predominantly comprised of is a mixed low density commercial-residential designation and the increase in off-site attendance is in keeping with the intent of the density. Regarding the two parking variances,as noted previously, the property was originally developed with a semi-detached use and therefore the existing two driveways can accommodate up to a total of four to fivevehicles. Also,all off-site attendees attending theclasses will come and go at the same time. Therefore,tandem parking in both driveways works well. The business ownerhas advisedthat a large portion of her clients come from the downtown and central Frederick area and currently walk or bike to the existing yoga studio location at Queen and Charles Streets. This location at Samuel Street is closer to many clients for either walking or biking. Transportation Planning staff isin support of bothparking variances. Based on the above comments for all the variances, staff is of the opinion that the variances meet the general intent of the zoning by-law. Arethe VariancesMinor? As noted above, the proposed accessory home business is in keeping with the commercial-residential character and density of the neighbourbood and the parking variances can be supported, as little to no negative impacts to the neighbourhood are anticipated. Staff is of the opinion that all the variances can be considered minor. Arethe VariancesAppropriate? This neighbourhood, with its commercial-residential zoning, is amost appropriatelocationfor the proposed home business. It should also be noted that this site is located one property away from Frederick Street,which contains a variety of houses used for residential and office uses, as well as some personal service uses.Staff is of the opinion that the variances are appropriate. City Planning staff conducted a site inspection of the property on January4, 2021. Photo of Subject Property Building Comments:The Building Division has no objections to the proposed variance provided building permit for the change of use into a single with commercial space is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments:Given the information provided about the business model, as well as the various transit options available in close proximity to the property, Transportation Services can support the proposed application. Heritage Comments:There are no cultural heritage issues or concerns with this application. However, the applicant is advised thatthe property municipally addressed as 9-11 Samuel Street is located within the Central Frederick Neighbourhood Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased CHL conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments:No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget –Therecommendation has no impact on the Capital Budget. Operating Budget –The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM –This report has been posted to the City’s website with the agenda in advance of the Committeeof Adjustmentmeeting.A notice signed was placed on the propertyadvising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City’s website or by emailing the PlanningDivision. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authoritiesrelated to this matter. Committee of Adjustment applicationA2020-100was considered on November 17, 2020 and was deferred so that staff to consult further on the exact nature of the business and its required variances. December 22, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) / VAR KIT, 372 TILT DRIVE Kitchener, ON N2G 4G7 DOON CREEK LIMITED 30T 04204 (3) VAR KIT/63, 45 DUKE STREET WEST, DIBATTISTA Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting January 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-001 630 Blair Creek Drive No Concerns. 2) A 2021-002 10 South Creek Drive No Concerns. 3) A 2021-003 45 Duke Street West No Concerns. 4) A 2021-004 109 Ottawa Street South No Concerns. 5) A 2020-100 (amended) 9 -11 Samuel 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 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 C (226) 753-0368 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЎЉЍЋБЋ tğŭĻ Њ ƚŅ Њ January 8, 2021 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:January 19,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2020-1009-11Samuel Street A 2021-001630Blair Creek Drive A 2021-00210South Creek Drive A 2021-00345Duke Street West Applications for Consent B 2021-00157Barbara Crescent B 2021-002274Shirley Avenue B 2021-003124Florence Avenue 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 *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. `` 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:Sheryl Rice Menezes, Planning Technician –519-741-2200 ext. 7844 WARD:10 DATE OF REPORT:November 9, 2020 REPORT #:DSD-20-194 SUBJECT:A 2020-100–9-11 Samuel Street Applicant: Leena Miller Owners–Jenn and Dan Givlin Recommendation: Deferral Subject Property Photo 1: Aerial photo REPORT Planning Comments: The property is zoned CR-1, 114R, 128Uin By-law 85-1 and designated as Low Density Commercial Residential in the Central FrederickNeighbourhood Plan. It is located on the westside of Samuel Street, south of Frederick Street.Staff visited the site on November 6,2020. Theapplicantis requestingpermission to: 1)allow apersonal services use (yoga studio) in a building that has one dwelling unit rather than the required minimum of 20 dwelling units; 2)for the personal service to be 43% of the gross floor area of the building (175 sq.m. out of a total of 405 sq.m.) rather than the permitted maximum of 20%gross floor area of the building; and, 3)to have the required parking spaces for the personal service use to be located in tandem rather then accessible independently. Staff notesthat after consultation with the applicant it is requested that this application be deferred to the January 2021 in order to provide staff with an opportunity for further reviewofthe requested variances. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use into commercial space is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given the nature of the business, Transportation Services does not have any concerns with the proposed tandem parking. There are on-street and paid parking options within approximately 200-300m walking distance to the subject property aswell as transit options nearby. Consider bicycle racks or indoor storage area for customers to utilize. Heritage Planning Comments: There are no cultural heritage issues or concerns with this application. However, the applicant is advised that the property municipally addressed as 9-11 Samuel Street is located within the Central Frederick Neighbourhood Cultural Heritage Landscape (CHL). The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased CHL conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments: Engineering has no comments or concerns. Environmental PlanningComments: No concerns. RECOMMENDATION: That application A 2020-100requesting permission to allow personal services (yoga studio) in a building that has one dwelling unit rather than the required minimum of 20 dwelling units; to be 43% of the gross floor area (175 sq.m. out of a total of 405 sq.m.) rather than the permitted maximum of 20 percent of the gross floor area of the building; and to have the tworequired parking spaces for the yoga studio to be located in tandem rather then accessible independently; bedeferred. _____________________________________________________________ Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP Planning Technician (Zoning)Senior Planner October 28, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЍЍЌЋВЏ tğŭĻ Њ ƚŅ Ћ 13)A 2020-09980Westwood DriveNo Concernsto 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 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:November 17, 2020 Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2020-080335Lancaster Street WestA2020-09453Valleybrook Drive A2020-087380Grand River BoulevardA2020-095236Woodhaven Road A2020-088339Rosemount DriveA2020-096919Eaglecrest Court A2020-08934Dunham AvenueA2020-097923Eaglecrest Court A2020-090305Driftwood DriveA2020-098928Eaglecrest Court A2020-09112Rose StreetA2020-09980WestwoodDrive A2020-092180Grand Flats TrailA2020-1009-11Samuel Street A2020-09341Valleybrook DriveA2020-1018Devon Street A2020-10289Water Street South Applications for Consent B 2020-042101-103Schweitzer Street B 2020-043440Lancaster Street B 2020-044956Glasgow 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@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.