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HomeMy WebLinkAboutDTS-10-162 - 24 Madison Ave. S - Exemption from Chapter 842 (Hedges) of ethe City of Kitchener Municipal Code REPORT Report To: Development and Technical Services Committee Date of Meeting: September 13, 2010 Submitted By: John McBride, Director of Transportation Planning Prepared By: Ken Mayer, Coordinator of Traffic Planning Ward(s) Involved: West - Victoria Park Ward - 6 Date of Report: August 23, 2010 Report No.: DTS-10-162 Subject:24 MADISON AVENUE SOUTH – CH 842 (HEDGES) EXEMPTION RECOMMENDATION: “That the property located at 24 Madison Avenue South be partially exempted from Chapter 842 of The City of Kitchener Municipal Code (Hedges-Other Objects) as set out in DTS-10-162. BACKGROUND: The owner of the subject property is proposing to construct a ramp and deck at the front of the house at 24 Madison Avenue South. It has been identified that a portion of the proposed ramp and deck will encroach into the driveway visibility triangle on this property. Staff have determined that this portion of the proposed ramp and deck exceeds the maximum height limit for objects located within the triangle, and therefore would not comply with provisions of the Hedges-Other Objects bylaw. Staff have also noted that a portion of the existing front porch encroaches into the triangle and is not in compliance with bylaw provisions. As the height of the proposed ramp and deck is determined in this case by the elevation of the main floor of the house, it would be onerous to make the required changes to the structure to bring the ramp and deck into compliance with the bylaw. Modifications which would be required to bring the existing front porch into compliance would result in structural and safety issues, and therefore would not be feasible. REPORT: In conjunction with a building permit application to enclose the front porch on the subject property for the use of a home business, the property owner is proposing to construct a pedestrian ramp and deck at the front of the house to provide customer access to the business. Upon reviewing the design of the proposed work, staff have identified that a portion of the proposed ramp and deck will encroach into the driveway visibility triangle, and that a portion of the existing front porch also encroaches into the triangle. í ó ï Transportation planning staff attended at the property to assess safety requirements as set out in the City’s Hedges by-law. The property is located on the west side of Madison Ave. South approximately mid-block between King Street and Charles Street. The driveway on the property runs along the north side of the house to a detached garage at the rear of the lot. A portion of the existing front porch encroaches into the driveway visibility triangle, and sight lines for drivers exiting the driveway are partially obstructed. Strict compliance with the provisions of the City’s Hedges-Other Objects bylaw would require removal/relocation of the existing brick support columns and sides of the front porch which is not feasible for reasons of structural integrity of the house and safety of persons using the front porch. In assessing the current conditions on the property in conjunction with the proposed work, it is noted that due to the existing elevation of the main floor of the house in relation to the driveway, several of the wood support posts and sections of railings of the proposed ramp and deck structure exceed the maximum height limit for objects located within the triangle. As a result, a portion of the ramp/deck would not be in compliance with the current provisions of the Hedges- Other Objects bylaw. Upon reviewing the design of the proposed work and conducting inspections of the property, Transportation Planning staff have concluded that the current visibility conditions related to the existing front porch are within acceptable safety parameters, and the front porch can be retained in the proposed work. It is also staffs’ assessment that visibility from the driveway would not be significantly impacted by the proposed structural . elements of the ramp and deckTransportation Planning staff believes that the proposed partial exemption for portions of both the existing front porch and proposed ramp/deck could be made to the Hedges by-law for this particular property without compromising safety. All of the necessary planning approvals related to land use have been obtained by the property owner. It is proposed that Council approve a partial exemption from the Hedges by-law for 24 Madison Avenue South on the following terms: Construction of the proposed ramp and deck must be in accordance with the submitted plans. Any amendments to the plans are subject to approval by the appropriate City staff including the Director of Transportation Planning. Construction of the sides of the ramp and deck must incorporate materials which are transparent (ie., glass, plexiglass, plastic, rather than spindles, lattice, chain link, etc.). That this exemption may be revoked in whole or in part by Council at any time and for any reason upon 90 days’ notice to the property owners or immediately in a situation where the Director of Transportation Planning or his/her designate believes a safety hazard exists due to such exemption or any portion thereof even if such hazard has been created by the City (i.e. future road widening etc.). FINANCIAL IMPLICATIONS: None. COMMUNICATIONS: A copy of this report has been circulated to the architect consultant representing the property owners at 24 Madison Avenue South. í ó î CONCLUSION: Staff request that the exemption to the Hedges by-law as outlined in this report be granted respecting the property municipally known as 24 Madison Avenue South. Attachment ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Development and Technical Services í ó í 24 Madison Avenue South í ó ì