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Home My WebLink AboutDSD-18-179 - A 2018-135 - 171 Rivertrail AveStaff ReportAaR Development Services Department www.kitchener.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: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 2 DATE OF REPORT: November 27, 2018 REPORT #: DSD -18-179 SUBJECT: A2018-135 — 171 Rivertrail Avenue Applicant — Patrick Haramis Recommendation: Approve with Conditions . ; Subject Property � 0 161 �y Y^ NN - A. Location Map: 171 Rivertrail Avenue REPORT Planning Comments: The subject property located at 171 Rivertrail Avenue is zoned Residential Four (R-4) with Special Regulation Provision 597R in Zoning By-law 85-1 and designated Low Rise Residential in the City's 1994 and 2014 Official Plan. The applicant is proposing to construct a single detached dwelling and is requesting relief from Section 38.2.1 b) of the Zoning By-law to allow for a side yard setback of 1.25 metres, whereas 1.5 metres is required. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 171 Rivertrail Avenue City Planning staff conducted a site inspection of the property on November 29, 2018. 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. Portions of a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. The requested variance is appropriate and would continue to maintain the low density character of the property and surrounding neighbourhood. The requested variance will not significantly change the existing conditions and it is the opinion of staff that they are appropriate, and meet the general intent of the Official Plan. 2. The requested variance to have a side yard setback of 1.25 metres rather than the required 1.5 metres meets the general intent of the Zoning By-law. The intent of the 1.5 metre side yard setback is to allow for sufficient separation from neighbouring properties, maintenance of side walls/eaves, and access to the rear yard in cases where the other side yard has a setback between 0.0 to 0.2 metres, which is the case for the proposed dwelling on the subject property. Staff notes that the standard side yard setback is 1.2 metres, and the proposed 1.25 metre setback exceeds this. As such, it is the opinion of staff that the 0.25 metre variance meets the intent of the zoning by-law. 3. Staff is of the opinion that requested variance is minor as the approval of a reduced side yard setback will not cause any significant impacts to the subject property or surrounding neighbourhood. 4. The requested variance is appropriate for the development and use of the land, as the proposed single detached dwelling is consistent with the low density development of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved with conditions. 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: Transportation Services has no concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2018-135 requesting relief from Section 38.2.1 b) of the Zoning By-law to permit the construction of single detached dwelling with a side yard setback of 1.25 metres, whereas 1.5 metres is required, be approved subject to the following condition: 1. That the maximum building height be 9.0 metres; and, 2. That the proposed single detached dwelling be constructed in accordance with the approved priority lot elevations to the satisfaction of the City's Director of Planning. Richard Kelly-Ruetz, BES Technical Assistant Juliane von Westerholt, 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.