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Home My WebLink AboutCSD-18-035 - A 2018-012 - 481 Rivertrail Ave�, Staff Report ITc� R Community Services Department wm kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 201h, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Technical Assistant — 519-741-2200 ext. 7843 WARD: 2 DATE OF REPORT: February 13th, 2018 REPORT #: CSD -18-035 SUBJECT: A2018-012 — 481 Rivertrail Avenue Applicant — Patrick Haramis Approve with Condition 489 491 493 RECOMMENDATION R4 597R Location Map: 481 Rivertrail Avenue That application A2018-012 requesting permission to construct a single detached dwelling having a westerly side yard setback of 0.8m rather than the required 1.2m be approved, subject to the following condition: 1. That a building permit is obtained from the Building Division for the proposed single detached dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 481 Rivertrail Avenue is zoned Residential Four (R-4) with Special Regulation Provision 597R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. Staff conducted a site inspection of the property on February 91" 2018. The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow for a side yard setback of 0.8 metres for a single detached dwelling rather than the required minimum side yard setback of 1.2 metres. 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 requested variance meets the general intent of the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in side yard setback does not interfere with the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires a minimum side yard setback of 1.2 metres is to ensure that there is adequate separation of dwellings and to provide enough space for property owners to access the rear yard and perform maintenance on the side of the dwelling structure. Staff believes that the proposed 0.8 metre side yard setback will be sufficient to provide rear yard access and side yard maintenance, and that an adequate separation of dwellings will continue to be maintained. Staff would like to note that the subject property is adjacent to a narrow frontage stub that is part of a large site with potential to be redeveloped as a multiple dwelling site. The requested variance for reduction in side yard setback is for the westerly side yard which would directly abut the narrow frontage stub likely to be used as an access for the multiple dwelling. Therefore there is potential that no dwelling structure will be located adjacent to the subject side yard, which further reduces concerns of adequate separation of dwelling structures. Staff is of the opinion that the requested variance will provide adequate separation of dwellings and sufficient yard access and therefore meets the intent of the Zoning By-law. The proposed variance is considered appropriate for the development and use of the lands. The surrounding neighbourhood is comprised of a mix of dwelling types with various yard setbacks. Staff believes that the proposed variance will not have an adverse effect on the surrounding neighbourhood. 4. The variance is considered minor because the applicant is asking for a small reduction side yard setback that will not reduce the functionality of the property and use of lands. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed single detached dwelling. Note that the west walls with a setback less than 1.2m to the property line will require a3/4 hour fire rating- this will be reviewed under the plans review. Please contact the building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No concerns. Eric Schneider, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 2018 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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. 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 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Beth Brown Supervisor of Resource Planning *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.