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HomeMy WebLinkAboutDTS-09-120 - Temporary Occupancy Request - 1334 King St EDevelopmen r' & Techrr~ca~ Services Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development and Technical Services Committee August 10, 2009 Alain Pinard, Interim Director of Planning (519-741-2319) Garett Stevenson, Planning Technician (519-741-3400 x 3158) Bridgeport -Centre (Ward 1) July 27, 2009 DTS-09-120 TEMPORARY OCCUPANCY REQUEST 1334 KING STREET EAST C R VISUALS INC 7~~a 7.~as 1374 1324 1342 1334 34 I GSTE f;'} -~~ ' `ST 7 327 ~~ 4~ ~~ 1333 7-1 RECOMMENDATION: That City Council supports the request for temporary occupancy for 1334 King Street East and that the approval be conditional upon the following: "That enforcement of the City's Zoning By-law be waived with respect to a retail use within a building existing on August 10, 2009, and temporary occupancy be approved subject to the retail use vacating the location in the event the City-initiated Zone Change (ZC091081COKIHH) to permit retail uses on the subject lands is not approved; and further; That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application." REPORT: The attached letter requests Council's consideration for temporary occupancy for the existing building. The proposed use is for a used bookstore. The subject property is located on the north side of King Street West between Sheldon Avenue North and Jackson Avenue. The existing building is three-storeys in height, with approximately 50 square metres on each floor. The applicant is requesting to use the main floor of the building for a used bookstore. The lands are zoned Commercial Residential Four Zone (CR-4) and are designated as "Mixed Use Corridor" in the City's King Street East Secondary Plan, which is intended to encourage transit-supportive mixed use. Further, a range of commercial uses "shall be permitted, including freestanding office and small retail" provided that they are pedestrian oriented, meaning that "retail uses shall be permitted to have a maximum gross floor area of 1,000 square metres and shall only locate within existing buildings or internal to large mixed use developments." No structural changes to the building or additions are proposed. As the Commercial Residential Four Zone (CR-4) does not allow for retail uses except for convenience retail, permission for temporary occupancy has been requested by the applicant to allow for the use of the property as a second hand bookstore prior to the passing of a city- initiated comprehensive zone change to implement the Mixed Use Corridor (MUC) policies. In accordance with Council Policy I-1155 concerning Temporary Occupancy, the temporary occupancy for retail is based on the following criteria: 1. A City initiated Zone Change (ZC09/08/COK/HH) is currently underway, and is expected to be considered by Council later this year; 2. The proposed retail use is permitted by the City's Municipal Plan "Mixed Use Corridor" designation; 3. Appropriate resolutions concerning time limits, risk and responsibility for vacating the premises are included in the recommendation; and 4. No building permit is required. At the time of the Zone Change being approved by Council, a minor variance for the reduction in parking may be required as the property may be deficient in parking. A minor variance will be required at the time of the Zone Change being approved by Council for the minimum lot width, 7-2 as the lot is currently 13.9 metres in width and where 15.0 metres is required. Applications for a minor variance can not be submitted until the City-initiated Zone Change has been approved by Council, as the use is not yet permitted under the current zoning regulations. The Committee of Adjustment will consider any request for minor variances at the appropriate time. Staff also note that obtaining permission for a temporary occupancy request by Council does not guarantee that any future variance will be granted by the Committee of Adjustment. Further, the Applicant is hereby advised that the City cannot issue a building or sign permit until the Zone Change is approved by Council and not before any required minor variances are considered by the Committee of Adjustment. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Specific public notice of the request for temporary occupancy is not required. Public notice will be given in accordance with the Planning Act with respect to the proposed City initiated Zone Change for the Mixed Use Corridor zoning. CONCLUSION: Considering the Council Policy has been satisfied and the use is compatible with the surrounding area, Staff recommends approval of the temporary occupancy of 1334 King Street East for retail use. REVIEWED BY: Della Ross, Manager of Development Review Jeff Willmer, Interim General Manager Development and Technical Services Department ATTACHMENTS: Appendix "A" - Letter of Request 7-3 DTS Report No. DTI - ~~4 CR.isuals Appendix "~ " x.334 ~Cing St. E., Kitch~n~r ON N2G 2N7 ~ Request far Temporary Occupancy Alain Pinard Interim Director of Planning City of Kitchener, PQ Box 18 Kitchener, 4N, N2G 4G? Dear Mr. Pinard I have been 'rn touch wifh members of the Planning Department in Kitchener seeking information on whether or not it would be possible to open a second hand bookstore in my office building. They were extremely helpful and advised me that I would need to seek Temporary pccupancy and should address my request to you. They also allowed that if the request were approved, I still would need to seek a minor variance since the frontage of this property is narrower than desirable, although we have adequate parking and, I believe, meet all the other physical requirements. I have been told you need the follouving details: The property address: X334 King St, ~. Kitchener N2G 2N7' The approximate size and description of the temporary retail use: I would like to open a second hand bo~kstare on the main floor of the property using about X13 of the property area for this purpose, The total building size is X661 sq ft. over 3 stories. vVe would continue to operate our. current multimedia company out of the same building. Currently the property is designated Mixed Use Corridor in the Official Plan, but it is subject to a City- initiated zone change to implement Mixed Use Corridor zoning. vve would need to proceed with a minor variance application to legalize the lot width but Heather says we need to clear the occupancy status with you first. vile have 5 parking spaces available. Uur current work tends to be handled online, so most of the time these all 5 spots are vacant. The use will be located within the existing building. No modifications are necessary as far as I know. Uve already have bookshelves; the floor space is perfect; lots of windows in the main area and 2 darker rooms in back should we get into rare books. Could you please let me know what further steps l need to take to make this possible? Thank you Caroline de Gruchy 7-4