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HomeMy WebLinkAboutDSD-2021-201 - A 2021-113 - 1421 Victoria St. NStaff Report Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: October 19, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning) 519-741-2200 ext. 7844 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: October 11, 2021 REPORT NO.: DSD -2021-201 SUBJECT: Minor Variance Application A2021-113 1421 Victoria Street North Owner — Alkier Motor Sport Group Applicant — Kristen Barisdale / GSP Group Inc. RECOMMENDATION: That application A2021-113 requesting permission for a commercial use to operate in an existing commercial building having 19 parking spaces rather than the required 29 spaces, be approved, subject to the following conditions: a. That a Zoning (Occupancy) Certificate is submitted to the Planning Division; b. That the Owner applies for a building permit prior to construction to the satisfaction of the Building Division; c. That the variance is for the proposed craftsman shop, office and retail use only; and, d. That variances noted above be completed by May 1, 2022. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated as Commercial in the City's Official Plan and identified as Urban Corridor on the Urban Structure Map. The property is zoned as COM -2 (109) (General Commercial) in Zoning By-law 2019-051. 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: View of property from corner of Victoria St N and Smetana Dr General Intent of the Official Plan The intent of the Commercial designation is to serve a city or community commercial function in an auto -oriented area. The Urban Corridor designation in the Urban Structure map is to provide a range of retail and commercial uses that should be transit -supportive and functions as a `spine of the community' as well as a destination for surrounding neighbourhoods. The proposed parking variance will provide sufficient parking for customers and staff and there is also transit available on this Regional road. Staff are of the opinion that the intent of the Official Plan is met. General Intent of the Zoning By-law The intent of the Zoning By-law is to ensure that there is sufficient parking for a use. The proposed business will occupy the existing building with approximately 25% floor area for retail, 25% office space and 50% craftsman shop (including storage). There are to be four full-time employees and two seasonal employees. The applicant has advised that the business would require a total of 13 spaces to accommodate their employees and the retail component of the business. As well, it is noted that Victoria Street is well supported with public transit as an option to visit the site. Staff are of the opinion that the general intent of the by-law is met. Is the Variance Minor? As there is sufficient parking onsite and the surrounding area will not be impacted, staff are of the opinion that the variance is minor. Is the Variance Appropriate? As noted above, the parking provided is sufficient for the proposed use and there is sufficient bus transportation on the street. There would be no negative impact on the surrounding street or neighbourhood. In addition, Transportation Planning staff have no concerns with the variance. Staff are of the opinion that the variance is appropriate. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the renovations is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: After reviewing the rational provided within the application to reduce the parking rate, Transportation Services can support the requested parking reduction to 19 parking spaces from the required 29 parking spaces, based on their business model of number of employees and expected customers. Heritage Comments: No comments. Engineering Comments: No comments. Environmental Planning Comments: No comments. 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 Committee of Adjustment meeting. A notice sign was placed on the property advising 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/authorities related to this matter. October 07, 2021 Kristen Hilborn 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 City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly recommended that the City's traffic staff make sure the vehicles can manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.Om approximately would be required on Document Number: 3844309 Page 1 of 3 any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.Om approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 — 26-28 Ellen Street West —No concerns. 4) A 2021-108 — 102 Fenwick Court — No Concerns. 5) A 2021-109 — 388 King Street East — No Concerns. 6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 — 52 Anvil Street — No Concerns. 8) A 2021-112 — 135 Wellington Street North — No Concerns. 9) A 2021-113 — 1421 Victoria Street North — No Concerns. 10)A 2021-114 — 75 Louisa Street — No Concerns. 11)A 2021-115 — 79 Louisa Street — No Concerns. 12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns. 13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns. 14)A 2021-118 — 134 Woolwich Street — No Concerns. 15)A 2021-119 — 300 Bridge Street East — 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 KA 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 CC: Dianna Saunderson CofNo-� Kitchener. ca 3 C>( and Rey Cl) 0 7 ��~yation Pj 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 PLAN REVIEW REPORT: City of Kitchener Sarah Goldrup DATE: October 5, 2021 YOUR FILE: A2021-113 GRCA FILE: A2021-113 — 1421 Victoria Street North RE: Application for Minor Variance A2021-113 1421 Victoria Street North, City of Kitchener Rick Willms GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor variance application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject property is adjacent to Kolb Creek and contains the regulated allowance adjacent to the watercourse and floodplain. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: It is our understanding that the applicant is requesting a reduction in the number of required parking spaces to facilitate a new business within the existing building. GRCA staff have no objections to the intent of the application and we do not anticipate any impacts to the adjacent watercourse or floodplain as a result of this application. Due to the features noted above, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-113 - Page 1 of 2 1421 Victoria Street North\A2021-113 - 1421 Victoria Street North.docx Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 3. Plan Review Fees: This application is considered a `minor' minor variance and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280.00. The applicant will be invoiced in the amount of $280.00 under separate cover. Should you have any questions or require further information, please do not hesitate to contact me at 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, C T Resource Planning Technician Grand River Conservation Authority Encl. * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority cc: Rick Willms (via email only) Kristen Barisdale, GSP Group Inc. 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