Loading...
HomeMy WebLinkAboutCSD-18-058 - A 2018-026 - 70 Castlebay StJ Staff Report KITCH��r,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 -18-058 SUBJECT: A2018-026 — 70 Castlebay Street Applicant — MHBC Planning Limited. Approved Location Map: 70 Castlebay Street RECOMMENDATION That Application A2018-026 requesting relief from Section 6.1.1.1 b) iv) of the Zoning By- law to permit a driveway on a corner lot to be located 7.075 metres to the intersection rather than the required 9.0 metres, be approved subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 40 54 sz Sa 84 sz 9n 1 "`R ss ss Location Map: 70 Castlebay Street RECOMMENDATION That Application A2018-026 requesting relief from Section 6.1.1.1 b) iv) of the Zoning By- law to permit a driveway on a corner lot to be located 7.075 metres to the intersection rather than the required 9.0 metres, be approved subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands, acknowledging that the driveway and driveway apron must be setback 1.5 metres from the fire hydrant. 2. That the Owner obtains a building permit to the satisfaction of the Chief Building Official. REPORT Planning Comments: The subject property located at 70 Castlebay Street 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 Castlebay Street and Renfrew Street and the property currently contains no structures. The applicant is requesting relief from Section 6.1.1.1 b) iv) of the Zoning By-law for a driveway to be located 7.075 metres from the intersection of the street lines abutting a lot for a single detached dwelling on a corner lot, whereas the By-law requires 9.0 metres. City Planning staff conducted a site inspection of the property on February 28, 2018, 70 Castlebay Street 70 Castlebay et Proposed Driveway 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 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. 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 driveway setback for a corner lot continues to maintain the low density character of the property and surrounding neighbourhood. The proposed variance meets the general intent to the Official Plan designation and it is the opinion of staff that the requested variance is appropriate. 2. The Applicant has requested a variance to permit a driveway setback of 7.075 metres rather than 9.0 metres from the intersection. 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, respects the minimum 0.6 metres setback to the side lot line, and maintains appropriate DVT (4.57 metres) and CVT (7.5 meters). In addition, the proposed driveway apron has been tapered to account for the required minimum clearance of 1.5 metre from the existing fire hydrant. It is the opinion of staff, that the 1.925 metre reduction meets the general intent of the By-law with respect to safety and visibility. Transportation Planning staff has also indicated that they have no concerns with the requested reduction of 9.0 metres to 7.075 metres. 3. The variance is appropriate for the development and use of the land. The requested variance should not impact the character of the surrounding neighbourhood. It is the opinion of staff that the proposed 7.075 metre separation allows for sufficient separation from the driveway and ensures that vehicles waiting to turn at a stop sign will not block the driveway and drivers will have sufficient visibility to back out and turn onto the street. The proposed variance is a result of the site's unique size and shape, which limits the configuration of a driveway. Consequently, it is the opinion of staff that the proposed variance will not impact the subject or adjacent properties. 4. The variance is minor for the following reasons. The proposed reduction would not impact the functionality or visual appearance of the driveway since it would maintain: the same width as the parking space, the corner visibility triangle, and driveway visibility triangle. 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 a 7.075 metre 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 the 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 single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: For intersecting roadways classified as Local (Castlebay Street)/Local (Renfrew Street), Transportation Services have no concerns with a 1.647 metre reduction from the required 9.0 metre intersection setback to a driveway, to provide an 7.353 metre setback. Engineering Comments: No concerns with the proposed application. Operations Comments: No concerns with the proposed application. Environmental Planning Comments: No concerns with the proposed application. 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.