HomeMy WebLinkAboutDSD-2024-177 - 1187 Fischer Hallman Road
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 16, 2024
SUBMITTED BY: Paige Thompson, Planning Student, 519-741-2200 ext. 7074
PREPARED BY: Tina Malone-Wright, Manager, Development Approvals 519-
741-2200 ext. 7765
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: March 28, 2024
REPORT NO.: DSD-2024-177
SUBJECT: Minor Variance Application A2024-025
1187 Fischer Hallman Road
RECOMMENDATION:
That Minor Variance Application A2024-025 for 1187 Fischer Hallman Road
requesting relief from Section 5.6B b) of Zoning By-law 85-1 to permit an outdoor
patio to be located 0 metres from a lot line abutting a street instead of the minimum
required 3 metres, to facilitate the development of a new outdoor patio adjacent to
Max Backer Drive, generally in accordance with drawings prepared by Schlegel
Urban Developments, dated February 28, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
development of an outdoor patio.
The key finding of this report is that the requested variance meets the 4 tests of the
Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property,
website with the agenda in advance to the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property currently contains three (3) commercial buildings and is located at
the intersection of Fischer Hallman Road and Max Becker Drive.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Aerial View of Building 400 on Subject Property.
The Urban Structure
The --law
85-1.
The purpose of the application is to permit the construction of a patio to be 0 metres from
the lot line abutting Max Becker Drive instead of the minimum required 3 metres. Building
No. 400 (as depicted in Figure 1) is 6.2 metres away from the property line, leaving 3.2
metres with a 3 metre setback, thus not leaving enough room for a functional patio design.
The building currently occupies a restaurant use. It is also worth noting that the proposed
railings that will surround the patio will be no taller than 3 feet to align with regulations.
th
Staff conducted a visit to the subject property on March 28, 2024.
Figure 2 Site visit photo of proposed patio location.
Figure 3 Proposed Site Plan.
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offer the following
comments:
General Intent of the Official Plan
The subject property is
intent of the Commercial land use designation is to promote commercial activities, of which
contribute to the economic activity and health and vitality of the city. Commercial lands are
intended to provide a range of retail and service commercial uses that cater primarily to
the weekly and daily needs of residents within the surrounding neighbourhoods.
The addition of an outdoor patio supports the existing commercial lands and use and
improves versatility. With that said, staff are of the opinion that the proposed minor
variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of Zoning By-law 85-1 requires that patios attached or unattached to
the main building be setback a minimum of 3 metres to provide adequate separation
between buildings and outdoor structures from the street. This regulation ensures that
there is sufficient space for greenery, sidewalks, and open space. Given the width of the
Max Becker right-of-way, there will still be sufficient greenery and open space and the
location of the outdoor patio will not inhibit the functioning of the sideway or other activity
within the right-of-way. Staff is of the opinion that the variance meets the general intent of
the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Planning staff is of the opinion that the requested variance is minor in that it is not
anticipated to cause unacceptably adverse impacts to the right-of-way or surrounding
area.
Is/Are the Variance(s) Desirable for the Appropriate Development of Use of the Land,
Building and/or Structure?
Planning staff are of the option that variance is desirable and appropriate as it will facilitate
an outdoor patio in this location which will enhance the public realm by creating a vibrant
and lively streetscape.
Environmental Planning Comments:
No natural heritage or tree management concerns.
Heritage Planning Comments:
No heritage concerns
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the patio enclosure is obtained prior to construction.
Engineering Division Comments:
Engineering Division staff have no comments.
Parks/Operations Division Comments:
Parks/Operations Division staff have no comments.
Transportation Planning Comments:
Transportation Planning staff have 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
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has ben received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
March 27, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (2) VAR KIT/ 101 CLIVE ROAD 12134225 CANADA INC.
Kitchener, ON N2G 4G7 (3) 58 KIT/ 1187 FISCHER HALLMAN ROAD SCHLEGEL
URBAN DEVELOPMENT
(5) VAR KIT/ 610 WABANAKI DRIVE ELEMENTARY
TEACHERS FEDERATION OF ONTARIO
(10) VAR KIT / 55 TRILLIUM PARK PLACE
PATTERSON PLANNING CONSULTANTS
Subject: Committee of Adjustment Meeting April 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 023 423 Edwin Street No concerns.
2) A 2024 - 024 101 Clive Road No concerns.
3) A 2024 - 025 1187 Fischer Hallman Road No concerns.
4) A 2024 - 026 58 & 60 Ellen St E and 115 Lancaster St E No concerns.
5) A 2024 - 027 610 Wabanaki Drive No concerns.
6) A 2024 - 028 54 Franklin St S No concerns.
7) A 2024 - 029 59 Van Camp Avenue No concerns.
8) A 2024 - 030 109 Ingleside Drive No concerns.
9) A 2024 - 031 172 Kehl Street No concerns.
10) A 2024 - 032 55 Trillium Park Place No concerns.
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Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require 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. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Mariah Blake, City of Kitchener
CofA@Kitchener.ca
2
April 2, 2024via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMs.Blake,
Re:Committee of Adjustment Meeting April 16, 2024
Applications for Minor Variance
A 2024-023423 Edwin Street
A 2024-024101 Clive Road
A 2024-0251187 Fischer Hallman Road
A 2024-02658 & 60 Ellen Street East, 115 Lancaster Street East
A 2024-027610 Wabanaki Drive
A 2024-02854 Franklin Street South
A 2024-02959 Van Camp Avenue
A 2024-030109 Ingleside Drive
A 2024-031172 Kehl Street
A 2024-03255 Trillium Park Place
Applicationsfor Consent
B 2024-006103 & 105 Dalegrove Drive
B 2024-007137 QueenStreet South
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority