HomeMy WebLinkAboutDSD-2024-398 - A 2024-071 - 509 Wilson Avenue
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician,
519-741-2200 ext. 7844
WARD(S) INVOLVED: 4
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-398
SUBJECT: Minor Variance Application A2024-071 509 Wilson Avenue
RECOMMENDATION:
That Minor Variance Application A2024-071 for 509 Wilson Avenue requesting relief
from Section 13A.1 and Appendix C, Special Use Provision 112U, of Zoning By-law
85-1, to permit a 'Personal Services' use in one of the units in the existing building,
generally in accordance with drawings prepared by the applicant, attached to Minor
Variance Application A2024-071, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a Minor Variance Application to permit a
personal service use in Unit 6 of an existing commercial building.
The key finding of this report is that the requested minor variance meets all the four
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the west side of Wilson Avenue, south of Fairway Road
South.
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Figure 1 Location of Subject Property
The subject Major Transit Station Area (MTSA) Urban
on Map 3
Plan.
Campus Commercial Zone (C-8-law 85-1.As the
property is within a Major Transit Station Area, new zoning to bring it into Zoning By-law
2019-
desig-law 85-1, still applicable to the subject property, does
not permit this use.
The purpose of the application is to facilitate the use of one of the units in the existing
commercial building for a personal service use.
Figure 2 - View From Wilson Avenue
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 offers the following
comments:
General Intent of the Official Plan
The intent of the
Commercial land use designation is to serve the day-to-say and weekly commercial needs of
the surrounding community. As well, the Major Transit Station Areas, are planned to achieve
a mix of residential, office, institutional, as well as commercial development. Personal service
uses therefore meet the intent of the Official Plan.
serin the Commercial land use designation.
15.D.5.16. The permitted uses on lands designated Commercial and identified as a Major
Transit Station Area, City Node, Community Node, Arterial Corridor or Urban
Corridor on Map 2, may include:
a) auto service stations which may include car washes, gas stations and/or
gas bars;
b) commercial entertainment uses as an accessory use within a hotel, motel,
restaurant or planned commercial recreation complex;
c) commercial recreation;
d) conference / convention / exhibition facilities;
e)drive-through facilities;
f) financial establishments;
g) funeral homes;
h) hotels and motels;
i) health offices and health clinics;
j) office;
k) personal services;
l) religious institutions;
m) restaurants;
n) sale, rental, service, storage or repair of motor vehicles, major recreational
equipment and parts and accessories for motor vehicles or major
recreational equipment; and,
o) vehicle and recreational equipment sales/rental and service.
and in the Commercial land use
designation, the intent of the Official Plan would be maintained.
General Intent of the Zoning By-law
The intent of the special provision prohibiting personal services was to limit the amount of
traffic visiting multiple-tenanted commercial buildings in this area of Fairway Road South.
However, since the special use provision was established in 1985, the intent of this provision
is no longer relevant because of the growth and use anticipated in Major Transit Station
Areas. Staff are of the opinion that the variance to allow this use in one of the units in the
commercial plaza meets the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Adding a personal service use to this multiple-tenant building is in keeping with the
commercial land use and zoning of this property. There is sufficient parking established and
the property is in close proximity to ION and public transit. Staff are of the opinion that the
effects of the variance would be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable for the appropriate development of the land as it will permit one of
the Official Plan and an appropriate use in a Major Transit Station Area.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided a building permit
for the interior alterations is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
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
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
i
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
August 26, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
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,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
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