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Home My WebLink AboutDSD-18-173 - A 2018-129 - 398 Rivertrail AveStaff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 x►�►r.:�v�x wwwki tch en er. c a Committee of Adjustment December 11, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Erika Kohek, Student Planner — 519-741-2200 ext. 7074 2 December 5, 2018 DSD -18-173 A2018-129 — 398 Rivertrail Avenue Applicant — Patrick Haramis Approve 394 k A 4 Location Map: 398 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 398 Rivertrail Avenue is zoned Residential 4 (R-4) with Special Regulation 597R 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 38.2.1.b) of Zoning By-law 85-1 to permit a northerly interior side yard of 1.26 metres rather than the required side yard setback of 1.5 metres. Staff notes that the other side yard setback is permitted by the Zoning By-law to be between 0.0 and 0.2 metres and is proposed as such for the subject property. City Planning staff conducted a site inspection of the property on November 26, 2018. View of vacant lot - 398 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. The subject property is designated Low Rise Residential in both the 1994 and 2014 Official Plan. It should be noted that a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal, and therefore staff is relying on the policies of the 1994 Plan to determine whether the variance meets the general intent of the Official Plan. It is planning staff's opinion that the proposed variance meets the general intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance is appropriate and will maintain the low density character of the property and new surrounding neighbourhood. The proposed variance meets the general intent of the Official Plan. 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 1.24 metres whereas Zoning By-law 85-1 requires a minimum side yard setback of 1.5 metres. It is the opinion of staff that the decrease in minimum side yard setback to 1.25 metres will not negatively impact the adjacent residential properties and meets the intent of the R-4 zone which is intended to provide a range of housing options at a lower density and therefore meets the general intent of the Zoning By- law. 3. The variance for reduction inside yard setback is considered minor because there is very little impact expected to the neighbouring properties. In addition, the 1.24 metre side yard setback continues to provide access to northerly 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 is of the opinion that the proposed variance for the setback 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 single detached dwelling 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 environmental planning concerns. Engineering Comments: No engineering comments or concerns. RECOMMENDATION That minor variance application A2018-129 requesting relief from Section 38.2.1.b) of Zoning By-law 85-1 to permit a northerly interior side yard of 1.26 metres whereas a side yard setback of 1.5 metres is required 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.