HomeMy WebLinkAboutCA - 2017-12-12 - A 2017-123 - 18 Valleybrook DrStaff Report
I rTc'.�►E t .R Community Services Department wwwkitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 12, 2017
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 x7157
PREPARED BY: Tim Seyler, Technical Assistant - 519-741-2200 ext. 7860
APPLICATION #: A 2017-123
ADDRESS: 18 Valleybrook Drive
PROPERTY OWNER: 2522935 Ontario Inc c/o Fusion Homes
SUMMARIZED
RECOMMENDATION: Approve
DATE OF REPORT: December 1, 2017
REPORT
Planning Comments:
The subject property located at 18 Valleybrook Dr. is zoned Residential Four Zone (R-
4), with special regulation provision 597R. It is designated Low Rise Residential in the
Official Plan.
The applicant is requesting relief from Section 6.1.1.1.b)iv) of the Zoning By-law to
place a driveway 7.93 metres from the intersection of street lines abutting the lot rather
than the required setback of 9 metres.
City Planning staff conducted a site inspection of the property on November 29, 2017.
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.
1. The subject property is designated Low Rise Residential in both the City's 2014
Official Plan and 1994 Official Plan. It should be noted that a significant number
of Low Rise Residential policies from the 2014 Official Plan are under appeal,
however the appealed policies do not affect this report.
The Residential designation in the 2014 Official Plan places emphasis on
compatibility of building form with respect to massing, scale and design in order
to support the successful integration of different housing types. It also places
emphasis on the relationship of housing to adjacent buildings, streets and
exterior areas. The proposed variance conforms to the designation and it is the
opinion of staff the requested variance meets the general intent of the Official
Plan.
2. The requested variance to place a driveway 7.93 metres from the intersection of
street lines abutting the lot rather than the required setback of 9 metres meets
the general intent of the Zoning By-law. The intent of the zoning regulation that
requires a 9 metre setback for driveways from the intersection of street lines is to
ensure that cars parked in a driveway do not create a visibility concern for vehicle
ingress/egress of the property. The new distance is adequate in maintaining
visibility and therefore meets the general intent of the Zoning By-law.
3. The proposed variance for reduction in driveway setback is considered
appropriate for the development because visibility concerns are also addressed
through the boulevard between the exterior side lot line and the street. Staff is of
the opinion that the boulevard provides an adequate setback for a driveway on a
corner lot.
4. The proposed variance is considered minor as staff is of the opinion that
reduction in driveway setback from 9 metres to 7.93 metres is a difference of just
1.07 metres which will maintain the safety of the intersection and will have no
negative impacts to the neighbourhood.
Based on the above comments, staff is of the opinion that the variance requested is
minor, meets the general intent of the Zoning By-law and Official Plan, and is
appropriate for the lot and surrounding neighbourhood.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
As the proposed reduction would not affect the daylighting triangles, Transportation
Services have no concerns with a 1.03 metre reduction from the required 9.0 metre
intersection setback to a driveway, to provide a 7.93 metre setback.
Engineering Comments:
No Concerns.
Heritage Planning Comments:
No heritage planning concerns.
RECOMMENDATION:
That application A 2017-123 requesting relief from Section 6.1.1.1.b) iv) of the Zoning
By-law to allow a driveway 7.93 metres from the intersection of street lines abutting the
lot rather than the required setback of 9 metres, be approved.
Tim Seyler, BES
Technical Assistant
Juliane von Westerholt, MCIP, RPP
Senior Planner
November 27, 2017
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: T 15-40/VAR KIT GEN
(4 & 5) /53 Fairway, Fusion Homes
(10) NAR KIT, Madison Avenue
Development, 51 & 53 David St
Re: Committee of Adjustment Meeting on December 12, 2017, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments -
1 .
omments:
1. 25 Breithaupt Street (SG 2017-018): No concerns.
2. 356 Arnold Street (A 2017-120): No concerns.
3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the
owner(s) please be made aware that these lands are subject to all provisions of
the Federal Airport Zoning Regulations, being located in the outer surface of the
Region of Waterloo International Airport.
4. 2 Valleybrook Drive (A 2017-122): No concerns.
5. 18 Valleybrook Drive (A 2017-123): No concerns.
6. 6 Catalina Court (A 2017-124): No concerns.
7. 45 Highgate Road (A 2017-125): No concerns.
8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns.
9. 46 Cherry Street (A 2017-127): No concerns.
10.51 David Street (A 2017-128): No concerns.
11. 156 & 158 Donald Street (A 2017-129): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
DOCS: 2566097
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
N REVIEW REPORT:_ City of Kitchener
Wediv i1r�^ nn
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2763 ext.2307
Fax: (519) 621-4945
E-mail: bbrown@grandriver. ca
DATE: November 23, 2017 YOUR FILE: A 2017-123
GRCA FILE: A2017-123 — 18 Valleybrook Drive
RE: Application for Minor Variance A 2017-123
18 Valleybrook Drive, Kitchener
2522935 Ontario Inc. c/o Fusion Homes
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted
minor variance application.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that a small portion of the
subject property contains an allowance associated to an off-site water body.
Consequently, a portion of the property is regulated by the GRCA under Ontario
Regulation 150/06 - Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses Regulation.
2. Legislative/Policy Requirements and Implications:
Any future development within the regulated area, on the subject property will require
prior written approval from the GRCA in the form of a permit pursuant to Ontario
Regulation 150/06. The permit process involves the submission of a permit
application to this office, the review of the application by Authority staff and the
subsequent approval/refusal of the permit application by the GRCA. A copy of the
GRCA permit application can be downloaded from our website at www. grand river. ca.
The proposed driveway is located outside of the area that is regulated by the GRCA.
As such, a GRCA permit will not be required for the works proposed in the circulated
Site Plan.
3. Plan Review Fees:
This application is a 'minor' minor variance application and the applicable plan review
fee is $255.00. With a copy of this correspondence, the applicant will be invoiced in
the amount of $255.00.
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We trust this information is of assistance. Should you have any questions or require
additional information, please contact Daniel Pina at 519-621-2763 ext. 2231.
Yours truly,
Beth Brown
Supervisor of Resource Planning
Grand Diver Conservation Authority
BB/dp
* These comments are respectfully submitted as advice and reflect resource
concerns within the scope and mandate of the Grand River Conservation
Authority.
cc: 2522935 Ontario Inc. c/o Fusion Homes, 500 Hanlon Creek Boulevard, Guelph,
ON N1C OA1
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