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Home My WebLink AboutDSD-18-050 - A 2018-052 - 187 Rivertrail AveStaff Report Development Services Department 1 KIR wwwkitch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: June 19, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Alison Bucking, Student Planner— 519-741-2200 ext.7074 WARD: 2 DATE OF REPORT: June 11, 2018 REPORT #: DSD -18-050 SUBJECT: A2018-052 -187 Rivertrail Avenue Owner — Milestone Developments Inc. Applicant — Patrick Haramis of ACI Survey Consultants Approve with Condition 19 Location Map: 187 Rivertrail Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 11 � L r S' 19 Location Map: 187 Rivertrail Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 11 REPORT Planning Comments: The subject property located at 187 Rivertrail Avenue is designated Low Rise Residential in the Official Plan and Residential Four (R-4) with the Special Regulation Provision 597R in the Zoning By-law 85-1. The subject property is currently vacant and is located in close proximity to the intersection of Rivertrail Avenue and Crosswinds Drive. The applicant is proposing to construct a single detached dwelling. The applicant is requesting relief from Section 38.2 of Zoning By-law 85-1 to permit a westerly side yard setback of 1.0 metre whereas Zoning By-law 85-1 requires a minimum side yard setback of 1.2 metres. City Planning staff conducted a site inspection of the property on May 18, 2018. --T .a. View of Vacant Lot 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 1994 and 2014 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 is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. It is the opinion of staff that the requested variance meets the general intent of the Official Plan designation as it maintains the intended low overall intensity of use of the Low Rise Residential designation. 2. The subject property is zoned Residential Four (R-4) with Special Regulation Provision 597R. The applicant is requesting a minor variance to permit a minimum side yard setback of 1.0 metre whereas Zoning By-law 85-1 requires a minimum side yard setback of 1.2 metres. It is the opinion of staff that the decrease in minimum side yard setback to 1.0 metre will not negatively impact the adjacent residential properties and the lower density of the R-4 zone and therefore meets the general intent of the Zoning By-law. 3. The variance for reduction in side yard setback is considered minor because there is very little impact expected to the neighbouring properties. In addition, the 1.0 metre side yard setback continues to provide access to westerly side of the dwelling. 4. The proposed minor variance is considered appropriate for the use and development of the land. The proposed single detached dwelling retains the low density residential use and is in keeping with the low density character of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition 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 new detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: Engineering Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns as no new development is proposed. Operations Comments: Operations have no concerns with the proposed application. RECOMMENDATION That application A2018-052 requesting a minor variance to allow a 1 metre westerly side yard setback whereas Section 38.2 of Zoning By-law 85-1 requires a 1.2 metre side yard setback, be approved, subject to the following condition: 1. That a building permit is obtained from the Building Division for the proposed single detached dwelling. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo June 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 Re: Committee of Adjustment Meeting on June 19, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 66 Inwood Drive (FN 2018-002): No concerns. 2. 171 Sherwood Avenue (SG 2018-007): No concerns. 3. 5 Wake Robin Drive (A 2018-050): No concerns. 4. 188 Hawkswood Drive (A 2018-051): No concerns. 5. 187 Rivertrail Avenue (A 2018-052): No concerns. 6. 70 Dumart Place (A 2018-053): No concerns. 7. 62 Daniel Avenue (A 2018-054, 055 and 056): 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, ' n Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Document Number: 2747313 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: June 8, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance, Fence and Sign: FN 2018-002 66 Inwood Drive SG 2018-006 101 Frederick Street/40 Weber Street East SG 2018-007 171 Sherwood Avenue Applications for Minor Variance: A 2018-050 5 Wake Robin Drive A 2018-051 188 Hawkswood Drive A 2018-052 187 Rivertrail Avenue A 2018-053 70 Dumart Place A 2018-054 62 Daniel Avenue A 2018-055 62 Daniel Avenue A 2018-056 62 Daniel Avenue Applications for Consent: B 2018-034 to B 2018-040 & B 2018-043 810 Frederick Street B 2018-041 to B 2018-042 62 Daniel Avenue 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, � Andrew Herreman Resource Planning Technician Grand River Conservation Authority *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.