The URL can be used to link to this page

Home My WebLink AboutDSD-21-023 - A 2021-006 - 4 Gildner StREPORT TO:Committee of Adjustment DATE OF MEETING:February 16, 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: 9 DATE OF REPORT:February 9, 2021 REPORT NO.:DSD-21-023 SUBJECT:Minor Variance Application A2021-006 4 Gildner Street Owner – Amy Elizabeth Esplen Applicant – Reeghan Peister RECOMMENDATION: That applicationA2021-006requesting permissionto permit a home business for food preparation (bakery) to be located in an existing single detached dwelling, whereas the By- law does not permit food preparation as a home business, be approved,subject to the following conditions: 1)A Zoning (Occupancy) Certificate is obtained from the Planning Division; and, 2)That condition 1 above be completed by June 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. BACKGROUND: The property is designated as Community Institutionalin the KW Hospital Neighboourhood Secondary Plan of the City’s Official Plan andidentified as Major Transit Station Areaon the Urban StructureMap. The property is zoned as I-2 (Institutional Two) with Special Provisions 4H, 86R and 102Uin Zoning By-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map 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 TheSecondary Plandesignation, Community Institutional, recognizes the existing community institutional uses such as schools, churches and community services. In addition, residential uses which are complementary to the community institutional usesare permitted. Single detached dwellings and home businesses are permitted in the designation. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. Photo of Subject Property General Intent of the Zoning By-law The intent of Zoning By-law restricting home businesses to certain types of occupations is to ensure that the home business is appropriate for a residential property and the surrounding area. The proposed home business bakery is to be operated only by the applicant, who resides in the home. There will be no off-site employees. As well, there will be no customers coming to the premises to pick up goods, as the applicant has indicated that the product will be delivered. Staff also notes that in the future, the new Zoning By-law 2019-051, will permit food preparation home businesses. This use has been defined under ‘catering establishments’ as a use for ‘the preparation of food or beverages on-site, strictly for the consumption of these products off-site’. Therefore, the use will be permitted in the future zoning of the area. Based on the above, staff is of the opinion that the general intent of the zoning by-law is met. Is the Variance Minor? As noted above, the proposed home business bakery will have no impact on the property or the surrounding neigbhourhood and it will be permitted in the future zoning of the area. Staff is of the opinion that the variance is minor. Is the Variance Appropriate? Staff is of the opinion that as the proposed use will not negatively impact the subject property nor the surrounding neighbourhood; and since the use will be permitted in the future; and further, that it is supported by all interested City staff (see Comments below) that the variance is appropriate. City Planning staff conducted a site inspection of the property on February 5, 2021. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: A discussion took place between Planning and Transportation Services regarding customers and it was noted that the applicant has confirmed that there will be no customers coming to the hometo buy or to pick up prepared baked goods. The food is being deliveredand there are no other employees with this business, other than the applicant who lives in the home.Therefore, Transportation Services do not have any concerns with the proposed application. EngineeringComments:No comments. HeritagePlanning:The subject property is located within the GildnerGreen Cultural Heritage Landscape. 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 stepof a phased Cultural Heritage Landscape (CHL) process. The owner and the public will continue to be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for eachCHL with specific conservation options. In consideration of the above, there are no cultural heritage planning issues or concerns with the Minor Variance application. EnvironmentalPlanning:No concerns due to nature of application. STRATEGICPLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget – The recommendation 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 Planning Division. 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. January 26, 2021 Holly Dyson City of KitchenerFile No.: D20-20/ 200 King Street WestVAR KIT GEN P.O. Box 1118 (3) / 06 HIGHLAND,359 Highland Road West Kitchener, ONN2G 4G7 2989943 Ontario Incorporated Dear Ms. Dyson: Re:Committee of Adjustment Applications Meeting February 16,2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1)A2021-00552 South DriveNo Concerns. 2)A2021-0064 Gildner StreetNo Concerns. 3)A2021-007359 Highland RoadWestNo Concerns. 4)A2021-00829 Hurst AvenueNo Concerns. 5)A 2021-009268 LouisaStreet No Concerns. Please be advised that any development on the lands subject to the Applications noted above aresubject 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 developmentsprior to the issuance of a building permit. The comments contained in this letter pertain to the Application numberslistedabove. 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 ЌЎЍЌЊЊВ ЌЎЍЌЊЊВ tğŭĻ Њ ƚŅ Њ February 2, 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:February 16,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-00552South Drive A 2021-0064Gildner Street A 2021-007359Highland Road West A 2021-009268Louisa Street Applications for Consent B2020-04750Brookside Crescent B 2021-006427OldChicopee Trail B 2021-00743&47Sheldon Avenue B2021-008202Fifth 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.