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Home My WebLink AboutDTS-06-164 - Zone Change Application ZC06/09/W/JB, 338 Wellington St N ) R Development & Technical Services Report To: Date of Meeti ng : Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development and Technical Services Committee November 20,2006 Jeff Willmer, Director of Planning (741-2325) Jeff Bannon, Planner (741-2643) 1 Bridgeport - Centre (Coun. John Smola) November 7,2006 DTS 06-164 ZONE CHANGE APPLICATION ZC06/09/W/JB 338 Wellington St N Elizabeth Chafe and Peter Van Hecke RECOMMENDATION: That Zone Change Application ZC06/09/W/JB for the purpose of changing the zoning from Residential Five Zone (R-5) to Residential Five Zone (R-5) with special use provision #357 to allow for canine and feline grooming as a home business on lands legally described as Registered Plan 125 Part Lot 1 and 2 in the City of Kitchener be approved in the form shown in the attached "Proposed By-law", dated October 16, 2006 without conditions. 1 BACKGROUND: The property is located on the North side of Wellington St N near the corner of Wellington St N and St. Leger St. and currently contains a single detached dwelling with an accessory building. The owner is requesting that the zoning be changed to add a special use provision to allow canine and feline grooming as a home business. The home business will be conducted in the accessory building and the required parking space for the business may be arranged in tandem on the existing driveway. REPORT: 1. Planning Comments The property is designated as Low Rise Residential in the Municipal Plan. The Low Rise Residential designation allows a range of residential dwelling types and a mix of non-residential uses at appropriate scales and in appropriate locations. The applicant is proposing to change the zoning from Residential Five Zone (R-5) to Residential Five Zone (R-5) with special use provision #357 to allow a canine and feline grooming home business in a R-5 zone. The R-5 zoning currently permits a home business, coach house dwelling unit, duplex dwelling, lodging house, multiple dwelling, private home day care, residential care facility, semi-detached dwelling and single detached dwellings. The subject property is located near the intersection of Wellington St Nand St. Leger Street. It is also in close proximity to Industrial Zoning (M-2) that is located on the Westerly side of St. Leger St. and also to the south along St. Leger and Breithaupt Streets. The M-2 zoning permits a canine and feline grooming use. There are other individual properties zoned near the Residential Six subject property and Residential Five Zoning is also found on the same neighbourhood block. Home businesses are permitted in all residential zones and when located in single detached dwellings they may be comprised of any of the following uses: academic instruction, artisan's establishment, health office, personal service, repair service, tourist home and tradesman or contractor's establishment. The applicant's are proposing a canine and feline grooming business. The home business is intended to operate out of the accessory building to the rear of the property and the required parking can be accommodated in tandem on one of the two existing driveways. The business would operate at less than 250/0 of the dwelling's total gross floor area, as required by section 5.13.2 of the Zoning By-law. The canine and feline grooming business would be consistent with the regulations for other permitted home businesses. There is no boarding of animals allowed, the home business area is completely enclosed and is to be operated to only attract a maximum of three customers at anyone time. As a result, the noise impacts on the neighbourhood would be minimal. The impacts on the surrounding neighbourhood are considered to be minor due to the location the home business, the size of the business operation and the close proximity that the home business would be to other zones which permit canine and feline grooming businesses. City staff feel that it is appropriate to add the home business to the zoning of this property. The property meets the current parking requirements and the impact on the surrounding neighbourhood would be minimal. 2. Public Input Six responses were received from neighbouring property owners, three of which were returned by neighbours who had no concerns with the proposal. The concerns that were raised by the other property owners involved increased traffic and noise, parking problems associated with having a home business at this location and the future use of the property. The nature of home businesses are regulated to have a minimal impact on their surrounding neighbourhood. The business will be operated in an accessory building which would control noise that would be generated by clients and the traffic impacts would be minimal as they are not allowed to attract more than three customers to a business at anyone time. 2 3. Department/Agency Comments The application was circulated to all applicable agencies and internal departments and no objections were received. Transportation planning has noted that the two tandem spaces must be a total of at least 11 metres in depth and must be contained completely on the property. The applicant is able to provide this. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with this recommendation. COMMUNICATIONS: Preliminary circulation of the original application was undertaken on June 9, 2006 to department/agencies and all property owners within 120 metres of the site. The advertisement for the zone change appeared in the Kitchener Waterloo Record on October 27, 2006. The comments received are discussed in the report above and are attached as Appendices A and B. CONCLUSION: In summary, the Department of Development and Technical Services recommends that Zone Change Application ZC06/09/W/JB be approved in the form shown in the Proposed By-law. Jeff Bannon, B.A. Planner Brandon Sloan, MCIP, RPP Senior Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments: Map No. 1 Proposed Zoning By-law Newspaper Advertisement Appendix 'A' - Internal/Agency Comments Appendix 'B' - Property Owner Comments 3 PROPOSED BY-LAW October 16, 2006 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Elizabeth Chafe and Peter Van Hecke, 338 Wellington St N) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedules 122 of Appendix "A" to By-law Number 85-1 are hereby amended by designating as Residential Five Zone (R-5) with Special Use Provision 357U, instead of Residential Five Zone (R-5), for the parcel of land described as part lots 1 and 2 , Registered Plan 125 in the City of Kitchener. These lands are shown on Map No. 1 attached hereto. 2. Appendix "C" to By-law 85-1 is hereby amended by adding subsection 357 thereto as follows: "357. Notwithstanding Section 5.13.1 of this by-law, within the lands zoned R-5 on Schedule 122 of Appendix 'A' and described as part lots 1 and 2 , Registered Plan 125, a canine and feline grooming business shall be permitted in accordance with the regulations in Section 5.13.2 PASSED at the Council Chambers in the City of Kitchener this ,2006. day of Mayor Clerk ~z <( W 0:: <( I- U W J co :J CJ) .....J ~ U W ..-0.. 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