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Home My WebLink AboutDSD-18-135 - A 2018-110 - 97 Rivertrail AveStaff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: I www.kitchen er. ca Committee of Adjustment October 16, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 2 October 5, 2018 DSD -18-135 A2018-110 — 97 Rivertrail Avenue Applicants — 2522935 Ontario Inc c/o Fusion Homes Approved with Conditions Q tit f i �� * ; ✓ Location Map: 97 Rivertrail Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Ilk.. a aR�. _ V. Q tit f i �� * ; ✓ Location Map: 97 Rivertrail Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Ilk.. a aR�. _ REPORT Planning Comments: The subject property located at 97 Rivertrail Avenue is zoned Residential Four (R-4), with Special Regulation Provision 597R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to locate a driveway 7.76 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. Further relief is being requested from Section 6.1.1.1.b) i) to reduce the setback for the parking space to 0 metres rather that the required setback of 6.0m. City Planning staff conducted a site inspection of the property on October 1, 2018. 97 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 offers the following comments. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. It should be noted that a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, however the appealed policies do not affect this report. The Residential designation in the 2014 Official Plan places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate. 2. The request to legalize the driveway located 7.76 metres from the intersection of the street lines, whereas 9.0 metres is required also meets the general intent of the Zoning Bylaw. The reduction of 1.24 metres from the required 9.0 metres can be considered minor. The intent of the 9.0 metre setback is to ensure that there are no obstructions within the corner visibility triangle, and ensuring vehicles entering and exiting the intersection can do so safely. It is not anticipated that any negative impacts on the adjacent residential properties will result from the variances required therefore, the intent of the Zoning Bylaw continues to be maintained. The requested variance to legalize the off street parking space 0 metres from the street lot line meets the general intent of the Zoning Bylaw. The full reduction of 6.0 metres from the required 6 metres is minor as the use of a showroom/office space is temporary. The intent of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right- of-way and surrounding properties. Once the model home is converted back to a residential use, the intent is that the showroom/office space will be converted back to garage space that will permit a vehicle to be parked within. 3. The variances can be considered minor as it is the opinion of staff that the required parking space can continue to be accommodated on site in a safe manner. Both the reduced setback of 0 metres for the required parking space and setback of 7.76 metres from the intersection of the street lines will not present any significant impacts to adjacent properties and the overall neighbourhood. 4. The variance is appropriate for the development and use of the land. The requested variance should not impact the existing character of the surrounding neighbourhood. 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 for the proposed single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Transportation Services Comments: 1. As the proposed reduction would not affect the corner visibility triangle, Transportation Services have no concerns with a 1.24m reduction from the required 9.Om intersection setback to a driveway, to provide a 7.76m setback. 2. Transportation Services have no concerns regarding the requested reduction in the required parking setback subject to the following condition: • The 6.Om parking setback reduction from 6.Om to O.Om is temporary and the model house should be converted back to a legal residence with a minimum of 6.Om parking setback when the sales is over. Environmental Comments: No environmental planning concerns. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2018-110 requesting relief from Section 6.1.1.1.b) iv) to permit a driveway located 7.76 metres from the intersection of the street lines, whereas 9.0 meters is required and; relief from Section 6.1.1.1 b) i) to allow the required parking space for the proposed model home to be setback 0 metres from the street line rather than the required 6.0 metres; be approved, subject to the following conditions: 1. A building permit be issued from the City's Building Division for the single detached dwelling by July 1, 2019 2. The 6.Om parking setback reduction from 6.Om to O.Om is temporary and the model house should be converted back to a legal residence with a minimum of 6.Om parking setback when the model home/sales office use is over. Tim Seyler, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo October 9, 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 No.: D20-20/VAR KIT GEN 1, 4, 8, 9, 10 Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2018-010 — 505 Franklin Street North, Steve Roth (City of Kitchener) 2. SG 2018-011 — 1700 Queens Boulevard, Steve Roth (City of Kitchener) 3. SG 2018-012 — 22 Frederick Street, EuroPro GP Inc. 4. A 2018-106 — 15 Tartan Avenue, Primeland Developments (2003) Limited 5. A 2018-107 — 624 King Street West, Rahim Anwar 6. A 2018-108 — 400 Bingemans Centre Drive, Summit Ltd. 7. A 2018-109 — 1331 Countrystone Drive, Sunvest Development Corp. 8. A 2018-110 — 97 Rivertrail Avenue, 25229365 Ontario Inc. 9. A 2018-112 — 84 Mansion Street, Gary & Neda Cushing 10. A 2018-113 — 56 Cameron Street North, Tony Rossel 11. A 2018-114 — 227 Manitou Drive, Ali Rasoul 12. A2018-115 — 1425 Block Line Road, NVU — Homer Watson Ltd. 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Document Number: 2839402 Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — VAR KIT — Kitchener, City of/Fire Station 3 — 06 FREDERICK GEN 5 — 15 KING KIT — Scherifali, Ahmet 6 — VAR KIT — Brick Brewing Co. 7 — 57 — Sunvest Development Corp. 11 — 69 — Rasoul, Ali 12 — 28 — Northview Apartment REIT Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE October 4, 2018 YOUR FILE: See below Applications for Minor Variance (Sign): SG 2018-010 505 Franklin Street North/39 Midland Drive SG 2018-011 1700 Queens Boulevard SG 2018-012 22 Frederick Street Applications for Minor Variance: A 2018-104 387 King Street East A 2018-106 15 Tartan Avenue A 2018-107 624 King Street West A 2018-108 400 Bingemans Centre Drive A 2018-109 1331 Countrystone Drive A 2018-110 97 Rivertrail Avenue A 2018-112 84 Mansion Street A 2018-113 56 Cameron Street North A 2018-114 227 Manitou Drive A 2018-115 1425 Block Line Road Applications for Consent: B 2018-116 357 King Street East 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.