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A081-18 - CIRCULATION-REVISED JUNE 6-2018.Pdf

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A081-18 - CIRCULATION-REVISED JUNE 6-2018.Pdf Staff Report Summary Item # 21 Ward # 1 File: A081/18 Applicant: Kleinburg North Holdings Ltd. Address: 10483 Islington Avenue, Kleinburg Agent: Joe DiGiuseppe Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum. Commenting Department Condition(s) Positive Comment Negative Comment Committee of Adjustment Building Standards Building Inspection Development Planning Development Engineering Parks Department By-law & Compliance Financial Planning & Development Fire Department TRCA Ministry of Transportation Region of York Alectra (Formerly PowerStream) Public Correspondence (see Schedule B) Adjournment History: None Background History: A098/15 (see next page for details) Staff Report Prepared By: Lenore Providence Hearing Date: Thursday, July 19, 2018 Staff Report A081/18 Page 2 Minor Variance Agenda Item: 21 Application A081/18 Ward: 1 Staff Report Prepared By: Lenore Providence, Assistant Secretary Treasurer Date of Hearing: Thursday, July 19, 2018 Applicant: Kleinburg North Holdings Ltd. Agent: Joe DiGiuseppe Property: 10483 Islington Avenue, Kleinburg Zoning: The subject lands are zoned C11 Mainstreet Commercial, under By-law 1-88 as amended. OP Designation: VOP 2010: "Mainstreet Commercial" under the Kleinburg Core Area Specific Policy (Volume 2, S. 12.4) and within the Kleinburg-Nashville Heritage Conservation Area. Related Files: None Purpose: Relief from the By-law is being requested to accommodate a proposed restaurant. The following variances are being requested from By-Law 1-88, as amended, to accommodate the above proposal: By-law Requirement Proposal 1. A minimum of 64 parking spaces are required. 1. To permit a minimum of 15 parking spaces for the Eating Establishment with patio. 2. A cellar/basement shall be used for no other 2. To permit the cellar/basement to be used for purpose than storage, mechanical and/or laundry bathrooms. facilities or parking. Background (previous applications approved by the Committee on the subject land): Application No.: Description: Status of Approval: Approved/Refused/Withdrawn/ OMB/Concurrent A098/15 To permit the construction of an one-story addition to APPROVED April 16/15 existing one and two storey commercial building. 1. To permit a minimum front yard setback of 0.0 metres to the porch and steps. 2. To permit a minimum front yard setback of 1.135 metres to the structure. 3. To permit a minimum northerly interior side yard setback of 0.56 metres to the structure. 4. To permit a minimum aisle width of 3.245 metres. 5. To permit a minimum parking space size of 2.7 metres X 5.7 metres. 6. To permit a minimum handicap parking space size of 3.9 metres X 5.7 metres. 7. To permit a driveway width at the property line to be a minimum of 4.645 metres. 8. To permit a minimum landscape strip of 0.425 metres where the northerly boundary abuts a use other than residential and open space. 9. To permit a minimum landscape strip of 0.0 metres along the easterly and southerly lot lines where they abut a residential use. 10. To permit a minimum landscape strip of 0.0 metres along the front lot line where it abuts a street. Staff Report A081/18 Page 3 For information on the previous approvals listed above please visit www.vaughan.ca. To search for a file number, enter it using quotes around it. For example, “A001/17”. To search property address, enter street number and street name using quotes. For example, “2141 Major Mackenzie”. Do not include street type (i.e. drive). Adjournment History: Hearing Date: Members Absent Status of Reason for Adjournment: from Hearing: Adjournment: (i.e. date/sine die) June 21/18 S. Perrella Adjourned to July Agent requested adjournment to address Planning 19, 2018 and Engineering’s comments and to have opportunity to meet with residents present to discuss the application. Staff & Agency Comments Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum. Committee of Adjustment: Public notice was mailed on June 6, 2018 Applicant confirmed posting of signage on June 4, 2018 and July 5, 2018 Property Information Existing Structures Year Constructed Dwelling 1901, renovated 2017 Applicant has advised that they cannot comply with By-law for the following reason(s): Maximum amount of parking spaces have been provided on the lot. Food storage is best suited in the basement. Recommended conditions of approval: (Use only those that apply) Building Standards (Zoning Review): Stop Work Order(s) and Order(s) to Comply: N/A Building Permit No. 15-003309 R1 for Single Use (Commercial) - Addition, Issue Date: Mar 31, 2016 Building Permit No. 15-003466 for Single Use (Commercial) - Non-Res Demolition, Issue Date: Oct 29, 2015 Building Permit No. 15-003309 for Single Use (Commercial) - Addition, Issue Date: Dec 24, 2015 Building Permit No. 15-003309 R2 for Single Use (Commercial) - Interior Unit Alteration, Issue Date: Oct 07, 2016 Please contact the Development Planning Department at (905)832-8565 to enquire as to whether a site plan approval process is required. The applicant shall be advised that additional variances may be required upon review of detailed drawing for building permit/site plan approval. Any lighting facilities illuminating an outdoor patio shall be arranged so as to deflect light away from adjoining properties and streets. The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations, music concerts and shows, shall not be permitted in areas designated for outdoor patio use. Building Inspections (Septic): No comments or concerns Development Planning: VOP 2010: "Mainstreet Commercial" under the Kleinburg Core Area Specific Policy (Volume 2, S. 12.4) and within the Kleinburg-Nashville Heritage Conservation Area. The Owner is currently revising the proposed Parking Study in accordance with comments provided by Transportation Engineering, who are not in support of the original proposal. As such, the Development Planning Department recommends that the application be adjourned until such time that the revised Parking Study has been provided and Transportation Engineering staff have had the opportunity to review the revised proposal. Staff Report A081/18 Page 4 Development Engineering: The Development Engineering (DE) Department has reviewed variance application A081/18. Following our Transportation Division review of the provided parking study, Transportation offers the following comment(s) listed below in addition to the provided memorandum saved under attachments: 1. Table 1 of the report shows development’s GFA (excluding patio area) as 288.24 m2, whereas previous study shows total GFA 363.24 m2 (excluding patio area). Study should include a drawing to verify development’s GFA (Figure 2 of the report is not readable). Furthermore reduction in total GFA from 400.24 m2 to 288.24 m2 to be verified by the Planning Department/Building Standard Department, City of Vaughan. 2. The recommended parking ratio i.e. 8 spaces/100 m2 is based on the IBI Study. We acknowledged that draft parking standards report prepared by IBI Group for the City of Vaughan is endorsed by the City Council, however by-law to implement the study has not been approved by the City Council. Therefore, in the absence of new City by-law, we recommend that analysis/survey of at least two similar type of facilities should be included in the report to verify the recommended parking ratio; at least two survey data is required and survey to be done during busy periods. Furthermore on-street parking accumulation should also be recorded during the study and data should be included in the report. Please note, parking estimated in the previous study for the proxy site at 10512 Islington Avenue is not acceptable as it does not represent the parking demand of a typical restaurant. Furthermore restaurant’s patrons on-street parking data is also missing. Please note, parking lot was observed full occupied during Saturday’s peak period. 3. The cash-in-Lieu cost estimation as shown on Table 2 of the report to be verified by the Planning Department, City of Vaughan. 4. Additional comments have been marked on the attached reliance letter/report Parks Development: No comments or concerns By-Law and Compliance, Licensing and Permit Services: No Response. Financial Planning and Development Finance: That the payment of the City Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and City-wide Development Charge By-law in effect at time of payment. That the payment of Region of York Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and Regional Development Charges By- laws in effect at time of payment. That the payment of Education Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and York Region District School Board and York Catholic District School Board Development Charges By-laws in effect at time of payment That the payment of applicable Special Area Development Charges are payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and Special Area Development Charge By-laws in effect at time of payment. Fire Department: No Response. Schedule A – Plans & Sketches Schedule B – Public Correspondence Letter of Objection (June 7, 2018) – K. Angus - Kleinburg and Area Ratepayer Association Letter of Objection (June 19, 2018)– N. & R. Dickinson, 133 Donhill Crescent Letter of Objection (June 20, 2018) – Anonymus Letter of Objection (June 21, 2018)– J.
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