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Home My WebLink AboutDSD-2021-187 - A 2021-101 - 20 Pearson St & 160 Bullock StREPORT TO:Committee of Adjustment DATE OF MEETING:September 21, 2021 SUBMITTED BY:Bateman, Brian, Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Schneider,Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED:Ward 3 DATE OF REPORT:September 10, 2021 REPORT NO.:DSD-2021-187 SUBJECT:Minor Variance Application A2021-101 160 Bullock Street/20 Pearson Street Owner-PDCP Block 8 & 10 Industrial Limited Partnership Applicant-Heather Price, GSP Group Inc RECOMMENDATION: That application A2021-101 requesting permission toconstruct an industrial building having stairs exceeding 0.6m in height to be located 1.8m from the property line abutting Bullock Street rather than the required 3mbe approved. REPORT HIGHLIGHTS: The applicant is requestingtoreduce the required setback for stairs to a street line (Bullock Street) from 3 metres to 1.8 metres. Location Map:160 Bullock Street & 20 Pearson Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject propertylocated at 160 Bullock Street/20 Pearson Streetis designated General Industrial Employmentin the City’s Official Plan and identified as an Industrial Employment Area on the City’s Urban StructureMap. The property is zoned General Industrial Employment(EMP-2) in Zoning By-law 2019-051. There is a current application for site plan (SP21/049/P/ES) on the subject lands to construct an approximately 14, 000 square metre industrial building. The application is currently under review. During the design of the exterior stairs facing Bullock Street, it was identified by the applicant that the grading on site caused proposed stairway to exceed 0.6M within 1.8 metres of the street line, rather than the 3 metres required in the zoning by-law. 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 1.The subject property is designated General Industrial Employmentin the Official Plan. The Official plan encourages incorporating emergency and fire prevention standards into urban design, including the proposed staircase that will act as a fire escape for the building is required by the Building Code. Staff is of the opinion that the requested variance meetsthe general intent of the Official Plan. General Intent of the Zoning By-law 2.Theintent of theregulation that requires a 3 metre setback for stairs above 0.6M is to control the massing along the street line and create a buffer between the massing and the street. In this circumstance, the building is meeting the street line setback of 6 metres and represents the significant portion of the massing along the street line. The staircase comparatively makes up only a small portion of the width of the building along the street line and in the opinion of staff, does not contribute to additional building massing that would require a 3 metre setback. Therefore,the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3.Therequested variance is not expected to have adverse impacts to the surrounding community. The subject lands are located at the end of a cul-de-sac and the proposed building has substantial separation from existing and proposed buildings.The stairs are required for fire egress to ensure safety of users of the future building.Staff are of the opinion that the requested variance isappropriate for the subject lands and surrounding neighbourhood. Is the Variance Minor? 4.Therequested variance represents a minor reduction in the required setback for stairs. Further, the portion of staircase that is closer than 3 metres to the street line only makes up a small percentage of the width of the building wall facing Bullock Street. Staff is of the opinion that the requested variance is minor. City Planning staff conducted a site inspection of the property on August 31, 2021. View of Vacant Land (August 31,2021) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns. EnvironmentalComments: No environmental planning concerns. 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 – 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: SP21/049/P/ES September03, 2021 Kristen Hilborn City of KitchenerFile No.: D20-20/ 200 King Street WestVAR KIT GEN P.O. Box 1118 Kitchener, ONN2G 4G7(8)VAR KIT/ 16 TO 20 QUEEN STREET NORTH MOMENTUM DEVELOPMENTS (11)/28, 120 BULLOCK STREET HOMER WATSON BUSINESS PARK (12)/15 KIT/SEC WESTMOUNT AND BLOCK LINE WINSTON HALL NURSING HOME Dear Ms. Hilborn: Re:Committee of Adjustment Applications Meeting September,2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: A 2021-084(Amended)210 Tartan Avenue No Concerns. A 2021-09221 Nne Pines Road No Concerns. A 2021-0931248 Ottawa Street South There are no concernstotheminor variance application inthe existing conditions.However, the applicantsmust be advisedthata future road dedicationofapproximately1.2mmayberequired from the above propertyincase of anypotentialfuture development application, to complywiththe designated road width of30.48m for the Ottawa Street South(RR #04). At such times in future, the parking spots would have0.8mclearancefrom theOttawa Street propertyline. A2021-09450 Valleybrook Drive No Concerns. A 2021-0951791 Glasgow Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌБЉВВЎБ tğŭĻ Њ ƚŅ Ћ 6)A 2021-09661 Warren RoadNo Concerns. 7)A 2021-09717-19 Peter StreetNo Concerns. 8)A 2021-09816-20Queen Street NorthNo Concerns. 9)A 2021-099111 Gay CrescentNo Concerns. 10)A 2021-100(Updated) 932 Eaglecrest CourtNo Concerns. 11)A 2021-10120 Pearson Street & 160 Bullock StreetNo Concerns. 12)A 2021-102695 Block Line RoadNo Concerns. 13)A 2021-103 to 104331 & 341 Hesh CrescentNo 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 CC: Dianna Saunderson CofA@Kitchener.ca 2 September 9, 2021 Dianna Saunderson Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:September 21, 2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-084210 Tartan Avenue A 2021-09221 Nine Pines Road A 2021-0931248 Ottawa Street South A 2021-09450 Valleybrook Drive A 2021-0951791 Glasgow Street A 2021-09661 Warren Road A 2021-09717-19 Peter Street A 2021-09816-20 Queen Street North A 2021-099111 Gay Crescent A 2021-100932 Eaglecrest Court A 2021-10120 Pearson Street & 160 Bullock Street A 2021-102695 Block Line Road A 2021-103 to 104331 & 341 Hesh Crescent Application for Consent B 2021-043303 Park Street The above-noted 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.