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Home My WebLink AboutDSD-2021-59 - A 2021-028 - 11 Springdale Drive REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 1 DATE OF REPORT: April 12, 2021 REPORT NO.: DSD 2021-59 SUBJECT: Minor Variance Application A2021-028 11 Springdale Drive Owner Ilsedore Kautsky RECOMMENDATION: That application A2021-028 requesting permission to have a home business (office for online sales) with one employee in an existing single detached dwelling to have 2 separately accessible off-street parking spaces rather than the required 3 separate off-street parking spaces, 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. Clarification: staff notes that the advertisement for this property stated that the Bylaw does not permit off-site employees for a home business. However, the Zoning Bylaw does permit a home business to have up to one employee provided parking regulations are met. One parking space is required for the dwelling, one parking spaces is required for the home business and one parking space is required for the employee. All three parking spaces must be independently accessible. This is not possible on this property without widening the driveway, which the owner does not want to do. A double wide driveway exists and is to remain and therefore, the variance is regarding the parking requirement for the home business. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in as Community Area on the Urban Structure Map. The property is zoned Residential Three (R-3) in By-law 85-1. 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 The intent of the Low Rise Residential designation is to accommodate a full range of housing types to achieve an overall low intensity of use. A single detached dwelling with a home business with one employee on-site but with no clients coming to the premises continues to meet this intent of the Official Plan and is appropriate for the subject property. 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 the regulation to require three separately accessible parking spaces for a home business when there is a maximum of one on-site employee, is to ensure that there is sufficient parking for the business owner (occupant of the home); clients and the employee. The subject home business operates as an online retail business for the sales of flags. The agent has advised that clients do not come directly to the property. Orders of the product are couriered or delivered. Therefore, there is no need to have three separate parking spaces. As well, the employee lives on the same street and walks to the subject property and therefore does not require a parking space. 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 will have sufficient parking available for the business owner and the one on-site employee. The variance can be considered minor. Is the Variance Appropriate? Based on above comments, staff is of the opinion that as the proposed use will not negatively impact the subject property nor the surrounding neighbourhood; and that the variance is appropriate. City Planning staff conducted a site inspection of the property on April 12, 2021. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: The application notes, one employee will walk to their place of employment and there will be no clients arriving on-site, therefore, Transportation Services can support the requested parking variance from 3 to 2 on-site parking spaces. Engineering Comments: If a driveway widening is considered in the future, a curb cut/driveway widening permit may be required. Environmental Planning: No concerns due to nature of application. STRATEGIC PLAN 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 Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find 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/authorities related to this matter. April 07, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) 53 COURTLAND, 80 COURTLAND AVENUE Kitchener, ON N2G 4G7 EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 30 Waterbow Trail No Concerns. 2) A 2021-026 11 Whitney Place No Concerns. 3) A 2021-027 573 Guelph Street No Concerns. 4) A 2021-028 11 Springdale Drive No Concerns. 5) A 2021-029 20 Munroe Street No Concerns. 6) A 2021-030 80 Courtland Avenue East No Concerns. 7) A 2021-031 660 Avondale Avenue No Concerns. 8) A 2021-032 81 Waterloo Street No Concerns. 9) A 2021-033 Fairway & Woolner No Concerns. 10) A 2021-034 59 Carisbrook Drive 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЏЊЏЎВЉ tğŭĻ ƚŅ Ћ 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 2 Docs #3573963 April 8, 2021 Dianna Saunderson Via email only City of Kitchener 200 King StreetWest Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:April 20,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2021-01930 Waterbow Trail A2021-02611Whitney Place A2021-027573Guelph Street A2021-02811Springdale Drive A2021-02920Munroe Street A2021-03080Courtland Avenue East A2021-031660Avondale Avenue A2021-03281Waterloo Street Applications for Consent B2021-01583Elmsdale Drive B2021-01683Second Avenue B2021-01782Pattandon Avenue B2021-018-020942Doon Village Road B2021-021-023654Rockway Drive 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.