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Home My WebLink AboutDSD-18-087 - A 2018-074 - 390 Rivertrail AveREPORT TO:Committee of Adjustment DATE OF MEETING:August 21, 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:August 13, 2018 REPORT #:DSD-18-087 SUBJECT:A2018-074-390 Rivertrail Avenue Owner –2522935 Ontario Inc c/o Fusion Homes Applicant –Phil Ha Approvewith condition Subject Property Location Map:390 Rivertrail Avenue *** 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 390Rivertrail Avenueis designated Low Rise Residential in the Official Plan and zoned Residential Four (R-4) with the Special Regulation Provision 597R in the Zoning By-law 85-1. The subject property is located at the intersection of Crosswinds Drive andRivertrail Avenueand is currently vacant. The applicant is requesting relief from Section 6.1.1.1. b) iv)of Zoning By-law 85-1 to permit a driveway to be setback 7.96metres from a street corner,whereas Zoning By-law 85-1 requires a the driveway to be setback a minimum of 9.0metresfrom the street corner. City Planning staff conducted a site inspection of the property onJuly 27, 2018. 390 Rivertrail 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 designatedLow Rise Residential in both the 1994 and 2014 Official Plan. The 2014 Official Plan designation is in effect, but it should be noted that a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal. In this case, the appealed policies do not impact this report. The Residential policies of the 2014 Official Plan place an emphasis on thecompatibilityof building form with respectofmassing scale and design to successfully integrate different housing designs. In addition, it places an emphasis on providing adequate and appropriate parking areas on siteand the relationship of housing toadjacent streets, buildings and exterior areas. In this case the proposed variance allows parking to be adequately located on siteand allows the driveway to respect the relationshipwithadjacent housing, streets and exterior areas.Therefore,the proposed variance conforms to the Residential land use designationand meets the general intent of the Official Plan. 2.The subject property is zonedR-4.The applicant is requesting a minor variance to permit a driveway to be setback 7.96metres from a street corner,whereas Zoning By-law 85-1 requires the driveway to be setback a minimum of 9.0metresfrom the street corner.The intent of the 9.0 metre driveway setback from the street corner is to ensure adequatevisibility at the intersection and prevent cars parked in a driveway from obstructing the view of other vehicles at the intersection. It is the opinion of staff that the reduction in the driveway setback from the street corner of 1.04metres is minor and will not impact the visibility of cars approaching the intersection. Therefore,these variances meet the general intent of the Zoning By-law. 3.The variance for reduction inthe driveway setback from a street corner is considered minor because there is very little impact expected to the neighbouring propertiesand it does not impact the visibility to the intersection. The driveway is flush to the dwelling and setback 1.2 metres from the neighbouring property lineand therefore does not negatively impact the adjacent properties. 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 approvedsubject to the conditionoutlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Staff advises that an application has been made for the single detached dwelling is currently, andunder review. Transportation Services Comments: As the proposed reduction would not affect the corner visibility triangle, Transportation Services hasno concerns with a 1.04m reduction from the required 9.0m intersection setback to a driveway, to provide a 7.96m setback. Engineering Comments: Engineering Services hasno concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Operations Comments: Operations hasno concerns with the proposed application. RECOMMENDATION That application A2018-074requesting a minor variance to permita driveway to be setback 7.96 metres from a street corner whereas,Zoning By-law 85-1 requires a the driveway to be setback a minimum of 9.0metresfrom the street corner,beapproved, subject to the following condition: 1.That a building permit is obtained from the Building Division for the proposed addition to the single detached dwelling by August 21, 2019. Juliane von Westerholt,BES,MCIP, RPP Senior Planner August 13, 2018 Holly Dyson City of Kitchener 200 King Street West File: D20-20/VAR KIT GEN P.O. Box 1118 (1)/69, Great Canadian Holidays and Coaches. Kitchener, ON N2G 4G7 (8) /29, Leo Wolynetz (9) /VAR KIT, 388-400 Mix Use Development (10) /63, Andrin City Centre Phase II (11) /12, Ormston Charlie, 508 New Dundee Dear Ms. Dyson: Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located entirely on private property. 2. 207 Centennial Court (A 2018-070): No concerns. 3. 545 Trillium Drive (A 2018-071): No concerns. 4. 47 Water Street North (A 2018-072): No concerns. 5. 42 Crosswinds Drive (A 2018-073): No concerns. 6. 390 Rivertrail Avenue (A 2018-074): No concerns. 7. 70 Dumart Place (A 2018-075): No concerns. 8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant is advised that a future development application on these lands will require dedicated road widening of 3.048m along Lancaster Street West and a daylight triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the proposed deck may be required to be removed/relocated or an encroachment 9. 388 King Street East (A 2018-077): No concerns. 10. 120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns. 11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЋБЉЋАЍЋ 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 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1R 5W6 Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: August 10, 2018 YOUR FILE: See below Applications for Signs: RE: SG 2018-008 333 Manitou Drive Applications for Minor Variance: A 2018-070 207 Centennial Court A 2018-072 47 Water Street North A 2018-073 42 Crosswinds Drive A 2018-074 390 Rivertrail Avenue A 2018-075 70 Dumart Place A 2018-076 295 Lancaster Street West, Unit B A 2018-077 388-400 King Street East A 2018-078 120, 130, 140 King Street West, 31 Young Street & 55 Duke Street West A 2018-079 3 Ridgemount Street A 2018-080 11 Ridgemount Street A 2018-081 13 Ridgemount Street A 2018-082 21 Ridgemount Street A 2018-083 23 Ridgemount Street A 2018-084 31 Ridgemount Street A 2018-085 33 Ridgemount Street A 2018-086 41 Ridgemount Street A 2018-087 3 Sportsman Hill Drive A 2018-088 11 Sportsman Hill Drive A 2018-089 13 Sportsman Hill Drive A 2018-090 21 Sportsman Hill Drive A 2018-091 23 Sportsman Hill Drive A 2018-092 31 Sportsman Hill Drive A 2018-093 33 Sportsman Hill Drive A 2018-094 41 Sportsman Hill Drive Applications for Consent: B 2018-048 Weichel Street at Victoria Street South (amended) B 2018-049 Weichel Street at Victoria Street South (amended) B 2018-055 33 Second Avenue B 2018-056 63 Plymouth Road B 2018-057 103 Plymouth Road B 2018-062 560-632 Victoria Street North Page 1 of 2 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority. 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, Trisha Hughes Resource Planner Grand River Conservation Authority Page 2 of 2 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.