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Home My WebLink AboutDSD-18-151 - A 2018-118 - 392 Fischer Hallman Rdwww.kitchenr.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 20th, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Erika Kohek, Student Planner — 519-741-2200 ext. 7074 WARD: 8 DATE OF REPORT: November 14th, 2018 REPORT #: DSD -18-151 SUBJECT: A2018-118 — 392 Fischer -Hallman Road Applicant — Salvador and Blanca Chavez Approve with Conditions Location Map: 392 Fischer -Hallman Road REPORT Planning Comments: The property is zoned Residential 3 (R-3) in Zoning By-law 85-1 and is designated as Low Rise Residential in the 1994 Official Plan and the new Official Plan (under appeal). City Planning staff conducted a site inspection of the property on October 30, 2018. View of Driveway at 392 Fischer -Hallman Road The owner is requesting permission to legalize the existing width of the driveway, and extend the lower portion of the driveway to the same width. The applicant is requesting relief from Section 6.1.1.1.b.ii.e) of the Zoning By-law to allow a driveway width of 9 metres rather than the permitted maximum of 8 metres. The owner has noted this variance is being requested to allow a curb cut, so that visiting medical professionals providing care to a resident have an easier time accessing and departing the property along the high -traffic Regional road. 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 requested variance meets the general intent of the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use and the legalization of the existing driveway maintains this intent. 2. The proposed variance meets the general intent of the Zoning By-law. The intent of the regulation that restricts the driveway width to 8 metres on lots with a frontage greater than 16 metres is to preserve the neighbourhood aesthetics and ensure that front yards are not dominated by impervious surfaces used for storing automobiles. In this situation, the subject property is fronting a high -traffic Regional road and the owner is seeking to legalize an existing driveway that is needed for medical professionals providing care to have easier and safer access to the property. The requested size of the driveway would encompass 45% of the 19.8 metre lot frontage and it located with landscape features on both sides. The additional paving of the lower portion of the driveway will not be used for additional vehicle storage. The proposed variance therefore meets the general intent of the Zoning By-law. 3. The proposed variance is considered appropriate for the development and use of the lands. The existing driveway is located nearly 3 metres from the closest abutting property line, which is well over the minimum distance of 0.6 metres. Therefore, staff believes the driveway would not have any negative impacts on visibility, street aesthetics, or on any neighbouring properties. 4. The variance is considered minor as the requested proposal represents an increase of 1 metre to the permitted width of the existing driveway to extend the lower portion, and is expected to have minimal impacts to the property and surrounding neighbourhood. Based on the above comments, staff is of the opinion that the proposed variance for the driveway on the subject property is minor and meets the general intent of the Zoning By-law and is appropriate for the lot and surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning comments. Environmental Planning Comments: As no new construction is proposed environmental planning has no concerns. Engineering Comments: No engineering comments or concerns. Regional Planning Comments: Any proposed changes/alterations to the access on Regional Road 58 (Fischer -Hallman Road) will require a Regional Road Access Permit ($100 Fee). Should the Committee of Adjustment approve the minor variance, it is respectfully requested that a Regional Road Access Permit be a condition of approval. RECOMMENDATION That minor variance application A2018-118 requesting relief from Section 6.1.1.1.b.ii.e) of Zoning By- law 85-1 to permit increasing the driveway width from 8 metres whereas 9 metres is required be approved, subject to the following condition: 1. That the Owner obtains a curb cutting permit from the Engineering Division by May 30th, 2019. 2. That the Owner obtains a Regional Road Access Permit from the Region of Waterloo. Juliane von Westerholt, MCIP, RPP Senior Planner November 5, 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 Re: Committee of Adjustment Meeting on November 13, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments - 1 . omments: 1. FN 2018-003 — 626 Blair Creek Drive — No Concerns 2. SG 2018-013 — 396 Victoria Street North —At this location the Regional Official Plan designates Regional Road 55 (Victoria Street), Bruce Street to Westmount Road, at 26.213 metres. Should a development application be submitted for this property, an approximate 3 metre road widening would be required. As such, we would not support having the sign located within the future road widening. We request that the sign be relocated outside of the designated road allowance. 3. A 2018-116 — 359 Alice Avenue — At this location, the subject property appears to have the municipal sidewalk within their private property. Regional staff would like to work with City staff and the property owner to have the portion of the lands containing the sidewalk be put in Regional ownership. The Region can contribute up to $1800.00 to be refunded back to the property owner to assist with the cost for the reference plan. 4. A 2018-117 — 170 Weber Street East — No Concerns 5. A 2018-118 — 392 Fischer Hallman Road — Any proposed changes/alterations to the access on Regional Road 58 (Fischer -Hallman Road) will require a Regional Road Access Permit ($100 Fee). Should the Committee of Adjustment approve the minor variance, we respectfully request that a Regional Road Access Permit be a condition of approval. 6. A 2018-119 — 515 Riverbend Drive — No Concerns 7. A 2018-120 — 57 Chestnut Street — No Concerns 8. A 2018-121 — 87 Dekay Street — No Concerns 9. A 2018-122 — 410 Rivertrail Avenue — No Concerns 10. A 2018-123 — 108 Ahrens Street West — No Concerns Document Number: 2861575 11. A 2018-124 — 3 Katherine Crescent — No Concerns 12. A 2018-125 — 810 Frederick Street — 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 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. Yours Truly, Monirul Islam, P.Eng. Transportation Planner (519) 575-4435 DATE RE: 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2761 ext. 2307 Beth Brown, Supervisor of Resource Fax: (519) 621-4945 Planning E-mail:bbrown@grandriver.ca November 6, 2018 YOUR FILE: See below Applications for Minor Variance (Sign & Fence): FN 2018-003 626 Blair Creek Drive SG 2018-013 396 Victoria Street North Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-117 170 Weber Street East A 2018-118 392 Fischer Hallman Road A 2018-119 515 Riverbend Drive A 2018-120 57 Chestnut Street A 2018-121 87 Dekay Street A 2018-122 410 Rivertrail Avenue A 2018-123 108 Ahrens Street West A 2018-124 3 Katherine Crescent A 2018-125 810 Frederick Street Applications for Consent: B 2018-117 B 2018-118 B 2018-119 & B 2018-120 GRCA COMMENT*: 95 King Street West 543 Weber Street East 11 Chicopee Park Court 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, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/Iw '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. Holly Dyson From: Lima, Luis (MTO) <Luis.Lima@ontario.ca> Sent: 13 November, 2018 1:58 PM To: Holly Dyson Cc: Morrisey, John (MTO) Subject: A 2018-118- 392 Fischer Hallman Road Holly Dyson, The Ministry of Transportation (MTO) has completed its review of the above noted Minor Variance Application. The application has been considered in accordance with the requirements of our highway access control policies and the Public Transportation and Highway Improvement Act. The following outlines our comments. A 20:p 8 p p 8 .392 II lis 'ieir Ih N mll1i mi°u II" mdI- MTO has no objections to the proposed minor variance ( driveway width of 9m). Thank you, Luis Lima Corridor Management Section PHM Engineering Associate -West Region, London Office 519-873-4128 C:John Morrisey-Corridor Management Planner