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Home My WebLink AboutCSD-18-057 - A 2018-025 - 500 Rivertrail AveJ Staff Report KIT('HEItiTER 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: Craig Dumart, Junior Planner — 519-741-2200 ext.7073 WARD: 5 DATE OF REPORT: March 12, 2018 REPORT #: CSD -18-057 SUBJECT: A2018-025 — 500 Rivertrail Avenue Applicant — Milestone Developments Inc. Approve with Conditions r ' 9111 M �� y Com' ,•. �1� 77 f �- + 7 51� �1 �r- �� ., 155, 717 -, p. �i 7 57 S 0 c7 'ice- �5s? ' 65 754k'� C'h7&80 84 ,-A t 68 _ 62 r 1d5� f� 64 11 ti _� 5393 3\ Subject Property 4S9 487 4W"117-1- Location Map: 500 Rivertrail Avenue �'SD545862�64 48 52 k )'i 5S � fill 6 RECOMMENDATION That Application A2018-025 requesting relief from Section 38.2.1 of the Zoning By-law to allow a rear yard setback of 5.95 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 8.87 metres to the intersection of the street lines abutting the lot rather than the required 9.0 metres, be approved, subject to the following condition: 1. That the Owner submits a building permit for the new single detached dwelling by December 30, 2018. *** 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 500 Rivertrail 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 on the corner bend on 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 rear yard setback of 5.95 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. 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. 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 relied upon to determine whether the proposed variance meets the general intent of the Official Plan. It is planning staff's opinion that the proposed variances meet the general intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variances are appropriate and will maintain the low density character of the property and new surrounding neighbourhood. The proposed variances meet the general intent of the Official Plan. 2. 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 0.13 metre reduction is minor and will not impact the property or access to the intersection and will therefore not compromise safety to pedestrians or vehicles. Transportation Planning staff has also indicated that they have no concerns with the requested reduction of 9.0 metres to 8.87 metres. Therefore this variance meets the general intent of the Zoning By-law. The requested variance to reduce the rear yard setback from 7.5 metres to 5.95 metres due to the irregular shape of the lot meets the intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. The reduction of 1.55 metres from the required 7.5 metres is minor, as the proposed 1.55 metre rear yard setback will continue to provide sufficient amenity space in the rear yard. Therefore this variance meets the general intent of the Zoning By-law. 3. The variance is considered minor as it is staff's opinion that the proposed 8.87 metre setback from the intersecting street lines allows for sufficient separation from the driveway and as such will not impact access or visibility to the intersection for vehicular and/or pedestrian traffic. Furthermore, the reduced rear yard setback of 1.55 metres due the irregular shape lot is minor and will not impact the adjacent properties. 4. 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 abutting intersection or safety of pedestrian or vehicular traffic. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below 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 detached garage. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Comments: As the proposed reduction would not affect the daylighting triangles, Transportation Services have no concerns with a 0.13 metre reduction from the required 9.0 meter intersection setback to a driveway, to provide a 8.87 metre setback. Engineering Comments: No concerns. Heritage Planning Comments: No concerns with the proposed application. Craig Dumart, BES Juliane von Westerholt, BES, MCIP, RPP Junior Planner 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.