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Home My WebLink AboutDSD-2021-224 - A 2021-123 - 449 East Avenue REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: November 5, 2021 REPORT NO.: DSD-21-224 SUBJECT: Minor Variance Application A2021-123 449 East Avenue Owners/Applicants Curtis and Holly Crossman RECOMMENDATION: That application A2021-123 requesting permission to allow a beverage making establishment with accessory retail sales as a home business in a single detached dwelling and requesting to legalize an existing side yard setback of 0.55 metres, be approved, subject to the following conditions: 1) That a Zoning (Occupancy) Certificate is obtained from the Planning division; 2) That a building permit is submitted to the Building division; 3) That the accessory retail is only permitted through the pass-through front window; 4) That accessory retail is only permitted 4 hours a day, 6 days a week; 5) That condition 1 to 4 be completed by January 1, 2023. 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. REPORT HIGHLIGHTS: The application is requesting relief from Section 5.13.1 of Bylaw 85-1 to add Manufacturing (beverage making) with accessory retail sales as a permitted home business in a single detached dwelling in accordance with the regulations in Section 5.13.2. Relief is also sought from Section 38.2.1 to legalize an existing side yard setback of 0.55 metres whereas 1.2 metres is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 449 East Avenue BACKGROUND: The property is designated as Low Rise Residential Community Area The property is zoned as R-4 (Residential Four Zone) in 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 subject property is designated as Low Rise Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property as a single detached dwelling with an accessory home business achieves this intent and therefore it is the opinion of staff that the requested variance meets the general intent of the Official Plan. 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 beverage making business is to be operated only by the applicants, who resides in the home. There will be no off-site employees. As well, there will be minimal customers coming to the premises to pick up goods, as the applicant has indicated that the product will be primarily delivered and advertised online, and the accessory retail is only requested to comply with Provincial requirements. Staff also notes that in the future, the new Zoning By-law 2019-051, will permit Catering Service Establishment ion of food or beverages on-site. Therefore, the use to prepare beverages on-site will be permitted in the future zoning of the area. Staff is of the opinion that the general intent of the zoning by-law is met. Is the Variance Minor? The proposed home business beverage making establishment and legalizing the existing side yard setback will have no impact on the property or the surrounding neighbourhood 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 beverage making use and legalizing the existing side yard setback will not negatively impact the subject property nor the surrounding neighbourhood and that the requested variances are appropriate. City Planning staff conducted a site inspection of the property on October 28, 2021. Existing single detached dwelling at 449 East Avenue. Building Comments: The Building Division has no objections to the proposed variance provided building permit for any required interior renovation is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Given the very limited operation as an on-site retail store, as well as the proposed business model outlined in the application by the applicant, Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: 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 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 ivision. 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. November 01, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 389 Robert Ferrie Drive No Concerns. 2) A 2021-122 256 Belmont Avenue West No Concerns. 3) A 2021-123 449 East Avenue No Concerns. 4) A 2021-124 184 Lakeside Drive No concerns. 5) A 2021-125 741 King Street West No Concerns. 6) A 2021-126 59 Frey Crescent No Concerns. 7) A 2021-127 1084 Union Street No Concerns. 8) A 2021-128 1333 Weber Street East No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 106 Belleview Avenue No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌБЏЌЎБЊ tğŭĻ Њ ƚŅ Ћ 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 CC: Dianna Saunderson CofA@Kitchener.ca 2 November1, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re:Committee of Adjustment MeetingNovember 16, 2021 ______________________________________________________________________ Applications for Minor Variance A2021-11674Rutherford DriveA 2021-125741 King Street West A2021-11774Rutherford DriveA 2021-12659 Frey Crescent A 2021-121389 Robert Ferrie DriveA 2021-1271084 Union Street A 2021-122256 Belmont Avenue WestA 2021-1281333 Weber Street East A2021-123449East AvenueA 2021-129106 Belleview Avenue Application for Consent B2021-05474Rutherford Drive B 2021-05830 Third Avenue B 2021-059169 Fifth Avenue B 2021-06075 Tillsley Drive B 2021-061111 Schweitzer Street B 2021-06219-21 Wendy Crescent 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.