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HomeMy WebLinkAboutCSD-18-056 - A 2018-024 - 2 Crossbridge ave1 Staff Report KI R Community Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Siobhan Kelly Student Planner — 519-741-2200 ext.7074 WARD: 5 DATE OF REPORT: March 12, 2018 REPORT #: CSD -18-056 SUBJECT: A2018-024 — 2 Crossbridge Avenue Applicant — Milestone Developments Inc. Approved Location Map: 2 Crossbridge Avenue IRAhL AV£ 7R V RECOMMENDATION That Application A2018-024 requesting relief from Section 38.2.1 of the Zoning By-law to allow a side yard setback abutting a street of 4.0 metres rather than the required 4.5 metres, a rear yard setback of 6.15 metres rather than the required 7.5 metres, and relief from Section 6.1.1.1(b)(iv) of the Zoning By-law to allow a corner access driveway to be located at 8.7 metres to the intersection of the street lines abutting the lot rather than the required 9.0 metres, be approved, subject to a condition: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1. That the Owner obtains a building permit to the satisfaction of the Chief Building Official. REPORT Planning Comments: The subject property located at 2 Crossbridge Avenue is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The subject property is located at of the intersection of Crossbridge Avenue and Rivertrail Avenue and the property currently contains no structures. The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow a side yard setback abutting a street of 4.0 metres rather than the required 4.5 metres, a rear yard setback of 6.15 metres rather than the required 7.5 metres, and relief from Section 6.1.1.1(b)(iv) of the Zoning By-law to allow a corner access driveway to be located at 8.7 metres to the intersection of the street lines rather than the required 9.0 metres. City Planning staff conducted a site inspection of the property on March 2, 2018. 2 Crossbridge Avenue 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 the 1994 Official Plan. The 2014 Official Plan Designation is in effect however, a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore, are not being relied upon for this report. Instead, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relief upon to determine whether the proposed variance meets the general intent of the Official Plan. The proposed variance meets the general intent of the designation which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced side yard setback, rear yard setback, and driveway setback for a corner lot continues to maintain the low density character of the property and the surrounding neighbourhood. As such, the variance meets the general intent of the Official Plan. It is the opinion of staff that the requested variance is appropriate. 2. The Applicant has requested a variance to permit a minimum side yard abutting a street of 4 metres rather than the required 4.5 metres, a rear yard setback of 6.15 metres rather than the required 7.5 metres, and to permit a driveway setback of 8.7 metres rather than the required 9.0 metres from the intersection. The intent of the 4.5 metres setback for side yards abutting a street is to ensure pedestrian and vehicular safety and to maintain a uniform and consistent building edge. It is the opinion of staff, that the proposed 4 metre setback provides sufficient separation between the street and the dwelling due to the presence of an open amenity space and useable porch that wraps the corner of the dwelling. The intent of the 7.5 metre rear yard setback is to ensure appropriate privacy between adjacent properties and/or adequate separation between different land uses, environmentally sensitive areas, and outdoor amenity areas. Considering that the adjacent properties are all zoned R-4, it is the opinion of staff that a 6.15 metre rear yard setback provides adequate separation between the subject and adjacent properties, maintaining appropriate privacy and safety. Lastly, the intent of the 9.0 metre driveway separation requirement is to ensure pedestrian and vehicular safety. It is the opinion of staff, that the driveway separation requirement of the Zoning By-law was developed to ensure that corner lots maintain appropriate visibility to and from an intersection so as to ensure safe ingress/egress. The proposed driveway is located to lead directly to a street and maintains appropriate DVT (4.5 metres) and CVT (7.5 metres). It should be noted that on the sketch prepared for the minor variance application, the CVT was measured as 9.0 metres rather than 7.5 metres. It is the opinion of staff that the 0.3 metre reduction meets the general intent of the By-law with respect to safety and visibility. Transportation Planning staff have also indicated that they have no concerns with the requested reduction of 9.0 metres to 8.7 metres. 3. The variances are appropriate for the development and use of the land as it is staff's opinion that the requested variances will not impact the subject property, adjacent lands, abutting intersection or the character of the surrounding neighbourhood. 4. The variances are minor for the following reasons. The proposed reductions would not impact the functionality or visual appearance of the site or dwelling as they would maintain appropriate separation from adjacent properties and the street; and visibility in the corner visibility triangle, and driveway visibility triangles. The proposed 6.17 metre rear yard setback and the 4 metre side yard setback maintains appropriate separation in regards to privacy and safety due to the presence of private amenity space to the rear and a useable porch that wraps the corner of the dwelling. Additionally, the proposed driveway would continue to respect the character of the neighbourhood and the surrounding corner properties as it provides the same width as the attached garage and is located to lead to the municipally addressed street. It is the opinion of staff, that an 8.7 metres driveway setback from the intersecting street lines would not impact access to the intersection for vehicular and pedestrian traffic and could be appropriately applied to the dwelling without compromising safety in the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition 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 single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Urban Design Comments: Urban Design staff is generally in acceptance of the proposed variance. From an Urban Design perspective, they provide for an active, useable front porch, include comparable, high quality materials on the facades facing the public realm and offer a good level of oversight to the street through the use of windows in actively used interior space. Transportation Services Comments: Transportation Services have no concerns with a 0.29 metre reduction from the required 9.0 metre intersection setback to a driveway, to provide an 8.71 metre setback. Engineering Comments: No concerns with the proposed application. Operations Comments: No concerns with the proposed application. Environmental Planning Comments: Heritage Planning Comments: No concerns with the proposed application. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo March 06, 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 (3)/58 KIT, Bromberg, Garry, 1415 Huron Road (5, 6)/53 Fairway, Fusion Homes (7, 8) /VAR KIT, Freure North Subdivision (10)/VAR KIT, Emmanuel Bible College 70-136 Fergus Avenue Re: Committee of Adjustment Meeting on March 12, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 8 Bridge Street East (SG 2018-004): No concerns to the application. However, the owner should be made aware that any redevelopment application for these lands may require dedicated road widening up to 13.107 metres from Bridge Street centreline. Therefore, it is strongly recommended that the sign be located accordingly. Otherwise, an encroachment agreement with the Region; or actual relocation of the sign would be required at the owner's cost, at such times in future. 2. 54 Queen Street North (SG 2018-005): No concerns. The sign is on private property and should comply with City of Kitchener Sign By-law. 3. 205 West Oak Trail (A 2018-022): No concerns. 4. 51 Simeon Street (A 2018-023): No concerns. 5. 2 Crossbridge Avenue (A 2018-024): No concerns. 6. 500 Rivertrail Avenue (A 2018-025): No concerns. 7. 70 Castlebay Street (A 2018-026): No concerns. 8. 150 Rockcliffe Drive (A 2018-027: No concerns. 9. 66 West Avenue (A 2018-028): No concerns. 10.110, 130 and 136 Fergus Avenue (A 2018-029): No concerns. 11.356-420 King Street West (A 2018-032): No concerns. DOCS: 2670864 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 Trisha Hughes, Resource Planner 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. 2319 E-mail: thug hes@grand river. ca DATE: February 28, 2018 YOUR FILE: See below RE Applications for Signs: SG 2018-005 54 Queen Street North Applications for Minor Variance: A 2018-022 205 West Oak Trail A 2018-023 51 Simeon Street A 2018-024 2 Crossbridge Avenue A 2018-025 500 Rivertrail Avenue A 2018-026 70 Castlebay Street A 2018-027 156 Rockcliffe Drive A 2018-029 110, 130 & 136 Fergus Avenue A 2018-032 356-400 King Street West Applications for Consent: B 2018-016 3 Chapel Hill Drive B 2018-017 to 019 83 Elmsdale Drive B 2018-020 334-400 King Street West 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, //V'fig Trisha Hughes Resource Planner Grand River Conservation Authority TH/dp *These comments are respectfully submitted as advice and reflect resource concerns within dee scope and mandate of the Page 1 of 1 Grand River Conservation Authority.