Loading...
HomeMy WebLinkAboutAdjustment - 2012-12-11COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD DECEMBER 11, 2012 MEMBERS PRESENT: Messrs. D. Cybalski, A. Head, A. Lise, B. McColl and Ms. J. Meader. OFFICIALS PRESENT: Mr. B. Bateman, Senior Planner, Mr. D. Seller, Traffic & Parking Analyst, Mr. D. Pimentel, Traffic Technologist; Ms. J. Billett, Acting Secretary-Treasurer, and Ms. H. Dyson, Administrative Clerk. This meeting was called to order at 10:00 a.m. CHAIR AND VICE-CHAIR Moved by Ms. J. Meader Seconded by Mr. A. Lise That Mr. D. Cybalski be appointed Chair of the Committee of Adjustment and Mr. A. Head be appointed Vice-Chair of the Committee of Adjustment for a term to expire November 30, 2013. Carried MINUTES Moved by Ms. J. Meader Seconded by Mr. A. Lise That the minutes of the regular meeting of the Committee of Adjustment held November 20, 2012, as mailed to the members, be accepted. Carried This meeting temporarily recessed at 10:02 a.m. to consider an application under Chapter 680 (Signs) of the City of Kitchener’s Municipal Code and reconvened at 10:05 a.m. with all members present. NEW BUSINESS MINOR VARIANCE Submission No.: 1. A 2012-072 Applicant: Hallman Construction Limited Property Location: 1448-1456 Zeller Drive Legal Description: Part Block 1, Registered Plan 58M-369, designated as Parts 25 to 27 on Reference Plan 58R-15707 Appearances: In Support: M. Lippert Contra: None Written Submissions: None The Committee was advised that the applicant is requesting permission to construct a single residential dwelling having an access driveway on a corner lot located 7.8m (25.59’) from the intersection of the street lines abutting the lot rather than the required 9m (29.53’). The Committee considered the report of the Planning Division, dated December 3, 2012, advising that the subject property is zoned Residential Four (R-4) with Special Regulation 327R in the Zoning By-law 85-1 and designated Low Rise Residential in the City’s Official Plan. The property is located at southeast corner of Zeller Drive and Watervale Drive. COMMITTEE OF ADJUSTMENT - 307 -DECEMBER 11, 2012 Submission No.: 1. A 2012-072 (Cont’d) The applicant is requesting permission to construct an access driveway 7.8 metres from the intersection of street lines on a corner lot where Section 6.1.1.1 b) iv) of Zoning Bylaw 85-1 requires 9.0 m. The applicant is requesting relief from the Bylaw for deficiency of 1.2 m. 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 variance meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The reduced distance of the access driveway to the intersecting streets will not impact the intensity or scale of the residential area. The intent of the required 9 metre separation from the driveway to the intersection of the street lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is staff’s opinion that the 1.2 metre reduction is minor and will not impact the property or access to the intersection. Due to these circumstances, the variance meets the intent of the Zoning By-Law The variance is considered minor as it is staff’s opinion that the proposed 7.8 metres allow for sufficient separation from the driveway to the intersecting street lines abutting the corner lot and as such will not impact access to the intersection for vehicular and pedestrian traffic. In addition, the 7.8 metre setback still allows for a 7.5 metre corner visibility triangle as required per the Zoning By-law. The variance is appropriate for the development and use of the land as it is staff’s opinion that the requested variance will not impact the subject property, adjacent lands or abutting intersection. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 23, 2012, advising that they have no concerns with this application. Moved by Mr. A. Head Seconded by Mr. A. Lise That the application of Hallman Construction Limited requesting permission to construct a single residential dwelling having an access driveway on a corner lot located 7.8m (25.59’) from the intersection of the street lines abutting the lot rather than the required 9m (29.53’), on Part Block 1, Plan 58M-369, designated as Parts 25 to 27 on Reference Plan 58R-15707, 1448-1456 Zeller BE APPROVED Drive, Kitchener, Ontario, . It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried Submission No.: 2. A 2012-073 Applicant: Branthaven River Ridge Inc. Property Location: 215 Falconridge Drive Legal Description: Lot 83, Registered Plan 58M-512 Appearances: In Support: T. Phan G. Enriquez Contra: None Written Submissions: None COMMITTEE OF ADJUSTMENT - 308 -DECEMBER 11, 2012 Submission No.: 2. A 2012-073 (Cont’d) The Committee was advised that the applicant is requesting permission to construct a single residential dwelling having an access driveway on a corner lot located 8m (26.25’) from the intersection of the street lines abutting the lot rather than the required 9m (29.53’). The Committee considered the report of the Planning Division, dated November 30, 2012, advising that the subject property is zoned Residential Six (R-6) with Special Regulation 306R and 307R in the Zoning By-law 85-1 and designated as Low Rise Residential in the City’s Official Plan. The property is located at the southeast corner of Falconridge Drive and Eaglecrest Drive. The applicant is requesting permission to construct a driveway access 8 metres from the intersection of street lines on a corner lot whereas Section 6.1.1.1 b) iv) requires a setback of 9.0 metres. The applicant is requesting relief from the Bylaw for deficiency of one metre. 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 variance meets the intent of the Official Plan. The Low Rise Residential designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. The reduced distance of the access and the driveway to the intersecting streets will not impact the intensity or scale of the residential area. The intent of the required 9 metre separation from the driveway to the intersection of the street lines abutting the corner lot is to ensure pedestrian and vehicular safety is maintained. It is staff’s opinion that the 1 metre reduction is minor and will not impact the property or access to the intersection. Due to these circumstances, the variance meets the intent of the Zoning By-Law. The variance is considered minor as it is staff’s opinion that the proposed 8 metres will allow for sufficient separation from the driveway to the intersecting street lines abutting the corner lot and as such will not impact access to the intersection for vehicular and pedestrian traffic. In addition, the 8 metre setback still maintains a 7.5 metre corner visibility triangle as required per the Zoning By-law. The variance is appropriate for the development and use of the land as it is staff’s opinion that the requested variance will not impact the subject property, adjacent lands or abutting intersection. The Committee considered the report of the Region of Waterloo Transportation Planner, dated November 23, 2012, advising that they have no concerns with this application. Moved by Mr. A. Lise Seconded by Ms. J. Meader That the application of Branthaven River Ridge Inc. requesting permission to construct a single residential dwelling having an access driveway on a corner lot located 8m (26.25’) from the intersection of the street lines abutting the lot rather than the required 9m (29.53’), on Lot 83, Plan BE APPROVED 58M-512, 215 Falconridge Drive, Kitchener, Ontario, . It is the opinion of this Committee that: 1. The variance requested in this application is minor. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Carried COMMITTEE OF ADJUSTMENT - 309 -DECEMBER 11, 2012 ADJOURNMENT On motion, the meeting adjourned at 10:15 a.m. Dated at the City of Kitchener this 11th day of December, 2012. Janet Billett, AMCT Acting Secretary-Treasurer Committee of Adjustment