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Home My WebLink AboutDSD-18-171 - A 2018-126 - 468 Trussler RdStaff Repoil Development Services Department 1 w-4ER wwwki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 11, 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: 5 DATE OF REPORT: December 5, 2018 REPORT #: DSD -18-171 SUBJECT: A2018-126 — 468 Trussler Road Applicant — Niall Melanson, City of Kitchener Approve r Subje Y { 1 Location Map: 468�Trussler Road *** 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 property is zoned Open Space (P-2) in Zoning By-law 85-1 and is designated as Low Rise Residential in the 1994 Official Plan and the 2014 Official Plan (under appeal). The applicant is requesting relief from Section 28.3 of the Zoning By-law to allow a standby generator to have a rear yard setback of 1.5 metres rather than the required 7.5 metres, and an odour control vent stack and antenna tower to have side yard setback of 2 metres rather than the required 4 metres. The development of the pump station site is limited by the present area and shape of the lot. All station facilities have to be fit in the limited site to achieve the required firm sanitary storage station capacity. City Planning staff conducted a site inspection of the property on November 26, 2018. View of 468 Trussler Road from intersection of Trussler Road and Rickert Way 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 provision of community infrastructure and facilities to meet the current and projected needs of all its population. This variance to permit the proposed sanitary sewage pump station will help achieve this intent. 2. The proposed variance meets the general intent of the Zoning By-law. The intent of the regulation that restricts the rear yard setback to 7.5 metres is to ensure that there is amenity space provided on the property and proper separation from adjacent uses. In this situation, the pump station building meets the required 7.5 metre rear yard setback, the generator with a weather cover/roof located behind the building is 1.5 metres from the rear property line. The intent of the side yard setback is to ensure that there is still access to the rear of the property and separation between uses on adjacent properties. The pump station building meets the required 4.0 metre setback, and the antenna tower located adjacent to the building is 2.0 metres from the westerly interior side yard. 3. Staff is of the opinion that the requested variances are minor and the approval of this application will permit allow the station facility to fit on the subject property. The reduction of the proposed side yard and rear yard setbacks will not present any significant impacts to adjacent properties and the overall future development of the area. 4. The proposed variances are appropriate for the development and use of the lands. Staff believes the requested variances should not negatively impact any of the adjacent properties, the surrounding area, or future development. The requested variance will permit the development of a sanitary sewage pump station and support future development of the surrounding area. Based on the above comments, Planning staff is of the opinion that the proposed variance for the setbacks of the pumping station development on the subject property is minor and meets the general intent of the Official Plan and Zoning By-law, is appropriate for the lot and surrounding neighbourhood, and that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the new pumping stations and is currently under review. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: No heritage planning comments. Environmental Planning Comments: No natural heritage or tree issues. All addressed through DP 30T-08204. Engineering Comments: No engineering comments or concerns. RECOMMENDATION That minor variance application A2018-126 requesting relief from Section 28.3 of the Zoning By-law to permit a rear yard setback of 1.5 metres rather than the required 7.5 metres, and a side yard setback of 2 metres rather than the required 4 metres be approved. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo November 29, 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 December 11, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2018-014 — 321 Fischer Hallman Road — No Concerns 2. SG 2018-015 — 371 Franklin Street North — No Concerns 3. A 2018-126 — 468 Trussler Road — No Concerns 4. A 2018-128 — 24 Crosswinds Drive — No Concerns 5. A 2018-129 — 398 Rivertrail Avenue — No Concerns 6. A 2018-130 — 374, 380 and 384 Prospect Avenue — No Concerns 7. A 2018-131 — 414 and 424 Prospect Avenue — No Concerns 8. A 2018-132 — 114-120 Victoria Street South — No Concerns 9. A 2018-133 — 121 Walter Street — No Concerns 10.A 2018-134 — 76 Grand Flats Trail — No Concerns 11. A 2018-135 — 171 Rivertrail Avenue — No Concerns 12. A 2018-136 — 248 Shady Glen Cres — No Concerns 13. A 2018-137 — 1 Goodrich Drive AKA 1 Chandaria Place — No Concerns 14. A 2018-138 — 242, 254 and 262 Queen Street South — No Concerns 15. A 2018-139 — 16 Chapel Hill Drive — No Concerns 16. A 2018-140 — 405 and 409 Nyberg Street — No Concerns 17.A 2018-141 — 1800 Victoria Street North — 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. Document Number: 2877629 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Monirul Islam, P.Eng. Transportation Planner (519) 575-4435 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: December 3, 2018 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2018-014 321 Fischer Hallman Road SG 2018-015 371 Franklin Street North FN 2018-003 626 Blair Creek Drive Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-123 106 Ahrens Street West A 2018-125 810 Frederick Street A 2018-126 468 Trussler Road A 2018-128 24 Crosswinds Drive A 2018-129 398 Rivertrail Avenue A 2018-130 374, 380 & 384 Prospect Avenue A 2018-131 414 & 424 Prospect Avenue A 2018-133 121 Walter Street A 2018-134 76 Grand Flats Trail A 2018-135 171 Rivertrail Avenue A 2018-136 248 Shady Glen Crescent A 2018-137 1 Goodrich Drive/1 Chandaria Place A 2018-138 242, 254 & 262 Queen Street South A 2018-139 16 Chapel Hill Drive Applications for Consent: B 2018-121 59 Irvin Street B 2018-122 20 Victoria Marie Court/15 Prince Albert Boulevard B 2018-124 34 Third Avenue B 2018-126 53 Second Avenue B 2018-127 385 Frederick Street 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.