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HomeMy WebLinkAboutDSD-2021-244 - A 2021-131 - 95 Maitland Street REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD-21-244 SUBJECT: Minor Variance Application A2021-131 95 Maitland Street Owner Dimple, Vishal, Omparkash & Sashi Sharma Applicant Vishal Sharma RECOMMENDATION: That application A2021-131 for 95 Maitland Street, requesting relief from: a) Section 5.13.1 of Zoning By-law 85-1 to allow a catering establishment to be a permitted home business accessory to an existing single-detached dwelling, whereas this is not a permitted home business; b) Section 5.13.2 g) to allow a home business to have a gross floor area of 65 square metres when the maximum permitted is 50 square metres; be approved subject to the following conditions: 1. That the owner applies for a Zoning (Occupancy) Certificate from the Planning division; 2. That the owner removes the existing gas stove in the garage by April 2022; 3. That all home business operations be confined to the basement as indicated on the drawing submitted as part of this application; and 4. That the owner makes satisfactory arrangements with City By-law Enforcement to have the garage inspected to ensure item 2. is addressed. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to permit a catering establishment with a gross floor area of 65 square metres to be a home business accessory *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. to an existing single-detached dwelling. The current zoning by-law does not permit such an operation as a home business, and the maximum permitted gross floor area for a home business is 50 square metres. Figure 1: Location Map BACKGROUND: The subject property is located on the northern side of Maitland Street, in the Huron South Planning Community. The rear of the property abuts a stormwater retention pond in Parkvale Park, while to the sides are single-detached residential dwellings. The surrounding neighbourhood is predominantly characterized by low-density residential uses and some open space containing natural features including wetlands regulated by the Grand River Conservation Authority (GRCA). The subject property is outside the boundaries of the GRCA regulation limits. The property is designated as Low Rise Residential and identified as a Community Area Map. The property is zoned as Residential Six Zone (R-6) in Zoning By-law 85-1; the lot is not currently subject to Zoning By-law 2019-051. The applicant is proposing to establish a catering operation with a gross floor area of 65 square metres as a home business. Relief is required to facilitate the proposed, as in Zoning By-law 85-1 catering operations are not a permitted use and home businesses are allowed a maximum gross floor area of 50 square metres. The proposed home business will operate out of the basement, and the gross floor area includes the kitchen space where food is to be cooked and an adjacent open area where food is to be packaged for delivery (Figure 2). It should be noted that there will be no external physical changes to the property as a result of the proposed application. Figure 2: Floor Plan of Proposed Business Area City Planning staff conducted an internal site inspection of the property on November 18, 2021, in conjunction with a Property Standards Officer from By-law Enforcement. Previous inspections have been undertaken by the By-law Enforcement department as well. Figure 3: Basement Cooking Area for the Proposed Home Business 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 -Rise Residential land use designation is to permit a variety of low-density residential uses. The property is presently developed with a two-storey, single detached residential dwelling with a walk-out basement. This is a permitted use. Complimentary non- residential uses, including home occupations, which are ancillary to the primary residential use and do not result in the loss of existing residential units, as well as support the development of complete communities, are also permitted. The proposed size of the home business is appropriate and to scale with the existing residential dwelling; it will function as a subordinate activity to the main residential use. Complete communities create and provide access to a range of employment types; home operations would be one such innovative type. Further, adverse impacts are not anticipated to the surrounding area as the proposed business is not expected to attract clients to the dwelling and all operations are to be confined to the basement. Also within the Low-Rise Residential land use designation, emphasis is placed on built form being compatible with and respecting the massing, scale, design, and physical character of the adjacent properties and establish neighbourhood. There are no physical external changes being proposed and the existing massing, height, and other design characteristics of the property will remain the same. Due to the above, it is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the zoning by-law restricting home businesses to specific occupations and sizes is to ensure that the home business is appropriate for a residential property and the surrounding area, and that the use is ancillary to the primary residential use. Though catering establishments defined as premises used for the preparation of food or beverages on-site, strictly for the consumption of such products off-site are not a permitted home business in the exiting Zoning By-law 85-1, they will be permitted in the new Zoning By-law 2019-051. The scale of the proposed operation respects the existing scale of the subject property and existing residential dwelling and is not so large so as to be ok to the residential use. Further, it is confined to one level of the house and one general area of the basement. All other regulations concerning home businesses are met. The home business requires no outdoor storage or display of goods visible from the street and is not expected to attract customers to the property. There is also no non-resident employee; as such only two parking spaces are required on- site. The subject lot has four off-street parking spaces available, and short-term street parking is permitted, so parking requirements are met and exceeded. With the home business being restricted to the basement, no negative external impacts to neighbouring properties are anticipated. Therefore, staff is of the opinion that the intent of the Zoning By-law continues to be maintained. Is the Variance Minor? The requested variance is minor in nature, as it is not expected to create unacceptably adverse impacts on the subject property itself or on adjacent lands. The proposed use will be a permitted use in the new Zoning By-law 2019-051, while the increase in permitted gross floor area is appropriate to the scale of the existing dwelling and will still allow the home business to be a secondary use to the primary residential use of the property. Further, there will be no visual impact or changes to the existing streetscape as there are no external physical changes proposed. Is the Variance Appropriate? The requested variance will facilitate the establishment of a home catering operation while the residential use of the property will remain the primary use. As such the variance is appropriate for the development and use of the land. There are no anticipated negative impacts to the adjacent properties or the surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed variance Transportation Comments: In speaking with Planning, the parking requirement for the catering business is two parking spaces, which can be accommodated within the existing double car driveway. The required residential parking space is located within the existing garage. Should additional parking be needed by customers, there is on-street parking available in the area. Also, there are no additional staff coming to the site that require a parking space. Therefore, based on the parking requirements being satisfied, available on-street parking and no additional staff parking for the catering business, Transportation Services can support this application. Heritage Comments: There are no heritage planning concerns associated with this application. Engineering Comments: Engineering has no comments or concerns with this application. Environmental Planning Comments: There are no natural heritage or tree management policy issues associated with this application. Region of Waterloo Comments: The Region of Waterloo has no 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 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. CONSULT Planning Staff was contacted by a resident of the surrounding community with concerns regarding this application. The concerns outlined were investigated during a site visit on November 18, 2021 and will continue to be monitored by the By-law Enforcement department. PREVIOUS REPORTS/AUTHORITIES: Building Permit application 2021 132202 000 00 AL is currently 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.