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Home My WebLink AboutDSD-2021-237 - A 2021-138 - 945 Victoria Street North REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Thompson, Lisa, Planning Technician 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: December 1, 2021 REPORT NO.: DSD-2021-237 SUBJECT: Minor Variance Application A2021-138 945 Victoria Street North Owner - Pureland Investments Inc. Applicant - Juliane von Westerholt RECOMMENDATION: That application A2021-138 requesting relief from Section 4.14.8 1 b) of By-law 2019-051 to permit a restaurant patio 0.0 metres from the street line, rather than the required 3.0 metres, and relief from Section 4.15.3 a) i) to permit the drive-through stacking lane to be located 2.2 metres from an abutting residential zone where a visual barrier is provided along the abutting lot line, rather than the required 15 metres be approved subject to the following condition: 1. That the variances shall only apply to the proposed development to be approved through site plan application SP21/077/V/LT. REPORT HIGHLIGHTS: The subject property is located at 945 Victoria Street North, just east of the River Road intersection. Demolition of an existing carwash will be required prior to development of a new commercial building. Location Map *** 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 Commercial Urban Corridor Structure Map. The property is zoned as COM-2 (108) in Zoning By-law 2019-051. REPORT: Planning Comments: The applicant is requesting relief from Sections 4.14.8 1 b) and 4.15.3 a) i) to facilitate the development of a new commercial building on the property. The building will house a commercial unit and a restaurant with a drive-through facility. The requested variances are related to the restaurant use proposed for the property, namely a reduced setback for an outdoor patio area and a reduced setback for the drive-through stacking lane along the rear of the property. Staff have been working with the applicant to find a site design that will provide the most functional use of the property while minimizing impacts to neighbouring properties. There is a current site plan application in process for the development. 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 proposed variances maintain the general intent of the Commercial designation of Official Plan as the site will be developed with a two unit commercial building which is of a size that is compatible with the lot. The urban structure of Urban Corridor is also being maintained as the commercial uses support the large volume of vehicular traffic within the Victoria Street Urban Corridor. General Intent of the Zoning By-law The proposed variances meet the general intent of the zoning by-law as the reduced setback for the restaurant patio will be in a location that still provides adequate separation from the edge of the roadway due to a large Regional Road boulevard. Likewise, the reduced setback to the drive-through stacking maintains the intent of the zoning by-law as the proposed location will not have any negative impact on the abutting residential property. The stacking lane will be separated from the abutting residentially zoned property with a 1.8 metre high visual barrier. On the abutting residential property, the parking lot is located adjacent to the shared lot line. This will ensure that the stacking lane will not create any noise impact for residents of the building. Is the Variance Minor? Staff consider the requested variances to be minor as there will be no impact on abutting properties, and the noise study confirmed that the location of the stacking lane will not create noise concerns for the residential property. Is the Variance Appropriate? Staff consider the variances to be appropriate for the orderly development of the subject property. The commercial building and uses are permitted pursuant to By-law 2019-051, and staff are satisfied that the location of the patio and drive-through stacking lane are both in appropriate locations on the property. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services has no comments. Engineering Comments: Engineering has no comments. Region of Waterloo 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 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: A Site Plan application has been filed for this property and is under review. November 30, 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 (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC 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 2021-120 12 Hilda Place No Concerns. 2) A 2021-130 878 Frederick Street No concerns. 3) A 2021-131 95 Maitland Street No Concerns. 4) A 2021-132 26 Monteagle Crescent No Concerns. 5) A 2021-133 12 East Landsowne No Concerns. 6) A 2021-134 715 Frederick Street No Concerns. 7) A 2021-135 1572 Highland Road West No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌББАЍЏЋ tğŭĻ Њ ƚŅ Ћ 8) A 2021-136 888 Trillium Drive No Concerns. 9) A 2021-137 29 Hurst Avenue No Concerns. 10) A 2021-138 945 Victoria Street North No Concerns. 11) A 2021-139 938 Strasburg Road No Concerns. 12) A 2021-140 630 Benninger Road No Concerns. 13) A 2021-141 120 Benton Street No Concerns. 14) A 2021-142 47-63 Charles Street East No Concerns. 15) A 2021-143 75 Charles Street East No Concerns. 16) A 2021-144 86 Whitney Place (Retained) No Concerns. 17) A 2021-145 86 Whitney Place (Severed) 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 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: Sarah Goldrup CofA@Kitchener.ca 2 December 2, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting December 14, 2021 ______________________________________________________________________ Applications for Minor Variance A 2021-116 74 Rutherford Drive A 2021-117 74 Rutherford Drive A 2021-130 878 Frederick Street A 2021-131 95 Maitland Street A 2021-132 26 Monteagle Crescent A 2021-133 12 East Lansdowne A 2021-134 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, 50 Eby Street A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, 50 Eby Street B 2021-069 86 Whitney Place 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. *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 2 the Grand River Conservation Authority. 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 2of 2 the Grand River Conservation Authority.