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HomeMy WebLinkAboutAdjustment - 2009-01-20COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD JANUARY 20, 2009 MEMBERS PRESENT: Messrs. D. Cybalski, B. McColl and A. Head OFFICIALS PRESENT: Ms. B. Bateman, Senior Planner, Ms. J. von Westherholt, Senior Planner, Mr. J. Lewis, Traffic Technologist, Ms. D. Gilchrist, Secretary-Treasurer and Ms. D. Hartleib, Administrative Clerk. Mr. D. Cybalski, Chair, called this meeting to order at 9:37 a.m. MINUTES Moved by Mr. A. Head Seconded by Mr. M. Hiscott That the minutes of the reg ular meeting of the Committee of Adjustment, of December 9, 2008, as mailed to the members, be accepted. Carried UNFINISHED BUSINESS MINOR VARIANCE 1. Submission No.: A 2008-074 Applicant: DMJ Holdings Inc. Property Location: 130 Highland Road West Legal Description: Lot 366, Subdivision of Lot 17, German Company Tract & Part Lot 2, Plan 183 Appearances: In Support: D. & L. Johnston Contra: None Written Submissions: None The Committee was advised the applicant is requesting legalization of a printing establishment located in a building with 232.2576 sq. m. (2,500 sq. ft.) of designated office space rather than the required 4,700 sq. m. (50,592 sq. ft.) of designated office space. The Committee considered the report of the Development and Technical Services Department, dated December 29, 2008, advising that subject property is located on Highland Road near Spadina Road and is developed as a printing establishment, with an accessory office use. The land is designated as Low Density Commercial Residential in the City's Official Plan and zoned Commercial Residential One Zone (CR- 1). In order to legalize an existing printing establishment, relief is being sought from Section 44.7 of the City of Kitchener Zoning By Law 85-1 which requires that a printing establishment can only be located in a building containing a minimum of 4,700 square metres of gross floor area designated for office use. The total area of the existing building is 557.41 square metres, of which only 232.26 square metres is designated as office space. The remaining 325.15 square metres is used for the printing establishment. COMMITTEE OF ADJUSTMENT 2 JANUARY 20, 2009 1. Submission No.: A 2008-074 tCont'd) At the time of the November 18, 2008 Committee of Adjustment meeting, the parking plan that was submitted by the applicant indicated only 12 parking spaces. Section 6.1 of the City of Kitchener Zoning By Law 85-1 stipulates the parking requirements for an office as well as a printing establishment. Based on the gross floor area for the office and the printing establishment, the total number of required parking spaces is 16. The request for a minor variance for the reduction in parking was not advertised and therefore the application was deferred to the January 20, 2009 Committee of Adjustment meeting to allow for proper notification as required by the Planning Act, R.S.O., 1990 Chap. P. 13, as amended. The applicant was advised by staff that the application would be deferred at the November 18, 2008 meeting, and would be considered at the January 20, 2009. The application could not be withdrawn at that time. Report A2008-074 recommended deferral of the application to a later Committee of Adjustment meeting to allow proper notification of the required parking variance. Since that time, the applicant has worked with the Transportation Planning Department to revise the parking plan. The new plan indicates 21 parking spaces, which exceeds the requirements of the City of Kitchener standards. As such, a variance for a reduction of the parking is not required. The applicant is still requesting relief for the office and printing established floor area as mentioned above. 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 offer the following comments. The permitted uses for land designated as Low Density Commercial Residential in the Municipal Plan include convenience commercial, health offices, health clinics, educational establishments (excluding secondary schools), religious institutions, small and large residential care facilities, restaurants in plazas, social service establishments, and studios. These uses are permitted where they are considered to be compatible with Low Rise Residential development and are subject to specific locational criteria. It is staff's opinion that the printing establishment is compatible with the surrounding neighbourhood because it is similar to other permitted uses allowed within the low rise residential land designation. The printing establishment is small in scale and is located on a major collector road. The adjacent land uses to the site include Highlands Court Park and as well as low-medium residential housing developments. It is staff's opinion that the printing establishment is compatible with the surrounding neighbourhood and therefore meets the intent of the Municipal Plan. The variance meets the intent of the Zoning By-law as both office and printing establishments are permitted uses in the zoning district. The existing building complies with all aspects of the respective zoning regulations. The variance is minor because the business can operate independently of other office uses and does not require a client base within the same building, the current building is being used to it's full potential and is sufficient for the use of a printing shop with an accessory office, and the site cannot easily accommodate additional office space without altering the building design and size. The variance is appropriate for the site because the printing establishment is small- scale and operates with only five employees, the business is utilizing an existing building within the community, no exterior changes are proposed at this time, and the applicant is applying to legalize the existing printing establishment that has been in operation for five years. The Committee considered the report of the Region of Waterloo Transportation Planner, dated October 10, 2008, advising that they have no concerns with this application. Mr. Johnson advised that he has originally submitted an old parking plan; however, since that time he has measured the paved parking area on site and it has been determined by staff that they have more then enough space for the required parking. COMMITTEE OF ADJUSTMENT Moved by Mr. A. Head Seconded by Mr. B. McColl 1. Submission No.: A 2008-074 (Cont'd) JANUARY 20, 2009 1. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. of Kitchener Zoning By-law and Carried NEW BUSINESS 10:16 a.m. with the following members MINOR VARIANCE 1. Submission Nos.: Applicant: Property Location: Legal Description: A 2009-001 Sonya and Jeff Knipfel 272 Woolwich Street Part Lot 66, German Company Tract, being Part 1 Reference Plan 58R-451 In Support: Appearances: Contra: Written Submissions: S., J. & M. Knipfel J. MacDonald None The Committee was advised that the COMMITTEE OF ADJUSTMENT JANUARY 20, 2009 1. Submission No.: A 2009-001 (Cont'd) 1. minimum lot area of 0.18 hectares, whereas the Zoning By-law requires 0.4 2. lot width of 30.8 metres, whereas the Zoning By-law requires 60.0 COMMITTEE OF ADJUSTMENT JANUARY 20, 2009 1. Submission No.: A 2009-001 (Cont'd) Mr. COMMITTEE OF ADJUSTMENT JANUARY 20, 2009 1. Submission No house Moved by Mr. B. McColl Seconded by Mr. A. Head 1. 2. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. of Kitchener Zoning By-law and Carried 2. Submission Nos.: Applicant: Property Location: LeGal Descriotion: Lot 94 Plan 307 COMMITTEE OF ADJUSTMENT JANUARY 20, 2009 2. Submission No : A 2009-002 (Cont'd) Appearances: In Support: Contra: Written Submissions: D. Stewart None None 3. COMMITTEE OF ADJUSTMENT JANUARY 20, 2009 2. Submission No.: A 2009-002 (Cont'd) 2. 3. Moved by Mr. B. McColl Seconded by Mr. A. Head COMMITTEE OF ADJUSTMENT JANUARY 20, 2009 2. Submission No.: A 2009-002 (Cont'd) It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. of Kitchener Zoning By-law and Carried 3. Submission Nos.: Applicant: Property Location: Leaal Descriotion: A 2009-003 970722 Ontario Inc. 15 Isaiah Drive Lot 85 Reoistered Plan 58M-451 Appearances: In Support: 1. Allensen Contra: None Written Submissions: None are to must other requirements for the minimum lot width, minimum lot area, maximum garage width, and that the garage should not extend past the habitable portion of the dwelling. COMMITTEE OF ADJUSTMENT 10 JANUARY 20, 2009 3. Submission No 1. 2. 3. 4. Moved by Mr. B. McColl Seconded by Mr. A. Head 85, It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. of Kitchener Zoning By-law and Carried CONSENT 1. Submission Nos.: Applicant: Property Location: Legal Description: B 2009-001 Ervin Albrecht & Ivanka Nenkov 130 Doon Valley Drive Part Lots 39 through 50, Registered Plan 578 and Parts 2 and 7 Reference Plan 58R-4611 Appearances: In Support: D. Nenkov COMMITTEE OF ADJUSTMENT 11 JANUARY 20, 2009 1. Submission No : B 2009-001 (Cont'd) Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 12 JANUARY 20, 2009 1. Submission No 2. Submission Nos.: Applicant: Property Location: Leaal Descriotion: B 2009-002 Ralph David Erdman 175 Margaret Avenue Lot 22 & Part Lot 21 Reoistered Plan 647 Appearances: In Support: R. Erdman Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 13 JANUARY 20, 2009 2. Submission No.: B 2009-002 (Cont'd) Moved by Mr. B. McColl Seconded by Mr. A. Head 3. 4. COMMITTEE OF ADJUSTMENT 14 JANUARY 20, 2009 2. Submission No 5. or the application for or issuance of a (i) (ii) (iii) (iv) (v) It is the opinion of this Committee that: 1 . A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. By-law are being maintained on the severed 3. Carried 3. Submission Nos.: Applicant: Property Location: Legal Description: B 2009-003 Kitchener Frame Limited 1011 Homer Watson Boulevard Part Lot 31, Plan 1489 and Part Lots 1 & 2, Bechtels Tract subiect to riaht-of-wav Appearances: In Support: C. Draper Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT 15 JANUARY 20, 2009 3. Submission No : B 2009-003 (Cont'd) 16.19 ha (40 ac.), which will be used for time. COMMITTEE OF ADJUSTMENT 16 JANUARY 20, 2009 3. Submission No 1 year. Moved by Mr. B. McColl Seconded by Mr. A. Head 1. 2. 3. 4. a) 5. That the owner shall make satisfactory the of any outstanding COMMITTEE OF ADJUSTMENT JANUARY 20, 2009 3. Submission No 6. It is the opinion of this Committee that: 1 . A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The of the Zoning By-law are being maintained on the severed 3. Pursuant to Subsection 43 of Section 53 of the the decision of this Carried ADJOURNMENT On motion, the meeting adjourned at 11 :17 a.m. Dated at the City of Kitchener this 20th day of January, 2009. Dianne H. Gilchrist