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Home My WebLink AboutDSD-19-038 - A 2019-017 - 6 Pequegnat AveStaff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: REPORT Kix,\�R wwwkitchener. ca Committee of Adjustment February 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 10 February 11th, 2019 DSD -19-038 A2019-017 — 6 Pequegnat Avenue Applicant — Dave Galbraith Recommendation: Approve with Conditions IIID y# ..- Location Map: 6 Pequegnat Avenue Planning Comments: The subject property located at 6 Pequegnat Avenue is zoned Residential Five Zone (R-5) in the Zoning By-law 85-1 with Special Use Provision 129U. The property is designated "Low Rise Conservation A" in the Central Frederick Secondary Plan in the 1994 Official Plan. Staff conducted a site inspection of the property on January 18th, 2019. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting relief from Section 6.1.1.1(b)(iv) of the Zoning By-law to allow for a driveway to be located 7.6 metres from the intersection of the street lines abutting the lot, whereas 9 metres is required. The applicant is also requesting relief from Section 39.2.1 of the Zoning By-law to allow for a portion of the dwelling used to accommodate off-street parking to be located 4.5 metres from a street line whereas 6 metres is required. View of Existing Dwelling (January 18, 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. General Intent of the Official Plan 1. The requested variance meets the general intent of the Official Plan. The subject property is designated "Low Rise Conservation A" in the Central Frederick Secondary Plan in the 1994 Official Plan. This designation intends to preserve the scale, use and intensity of the existing neighbourhood. The applicant is proposing to construct a single detached dwelling, a use that is common in the neighbourhood. Staff believes that the scale and intensity of the proposed dwelling are also typical in the neighbourhood and therefore the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires 9 metres between parking spaces and the intersection of street lines is to provide adequate visibility for motorists, cyclists and pedestrians turning at the intersection and to avoid conflicts from a driveway located too close to an intersection. In this situation, he proposed setback of 7.6 metres still ensures that the driveway will be outside of the Corner Visibility Triangle (CVT), so staff is satisfied that there will not be adverse visibility concerns. Staff also notes that there is a large boulevard grassed area approximately 3.4 metres wide between the street lines and the travelled portion of the road, which provides for additional buffer space contributing to safe and adequate visibility area. Transportation Staff has reviewed the application and has no concerns. Therefore, the requested variance can provide adequate visibility and therefore meets the general intent of the Zoning By-law. The intent of the regulation that requires a setback of 6 metres for portions of a dwelling that are used to accommodate off-street parking is to ensure that there is enough space to adequately park a car in the driveway and that the garage does not dominate the streetscape. In this situation, the garage portion of the dwelling will be setback 6 metres from the streetline on Pequegnat Avenue, which is where the driveway is located. Therefore, Staff is satisfied that the driveway parking space is adequate. The garage is proposed to be 4.5 metres away from the street line on Mansion Avenue, which is the exterior side yard. This portion of the property does not have a driveway or garage doors facing the street, so Staff believes it will function the same way the side of a dwelling would function, which are permitted to be 4.5 metres from the street line. Therefore, the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed variances are considered desirable and appropriate for the development and use of the lands. The Central Frederick Neighbourhood contains many homes on compact lots with reduced setbacks that would not meet today's standards. The requested variances would fit in to the existing surrounding neighbouhood in terms of scale and form. Is the Variance Minor? 4. The variance is considered minor. The requested variances represent small reductions in the requirements and any potential impacts are considered minor by Staff. 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 a 1.4 metre reduction from the required 9.0 metre intersection setback to a driveway, to provide a 7.6 metre driveway setback. Heritage Planning Comments: Heritage Planning staff notes that the subject property is located adjacent to a Part IV designated heritage property municipally addressed as 1 Pequegnat Avenue. Heritage Planning staff is of the opinion that the minor variance application will not adversely impact the designated heritage property. As such, Heritage Planning staff has no concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 6 Pequegnat Avenue is advised that the property is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That application A2019-017 requesting permission for a driveway to be located 7.6m from the intersection of Pequegnat Avenue and Mansion Street, whereas a setback of 9m is required; and, a northerly garage side wall to be located within 4.5m of the Mansion Street property line rather than the required 6m be approved. Eric Schneider, BES Junior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo February 1, 2019 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.: D20-01/VAR KIT GEN 1-8 Re: Committee of Adjustment Meeting on February 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2019-003 — 151 Zeller Drive, Waterloo Region District School Board 2. SG 2019-004 — 222 Chandler Drive, City of Kitchener 3. A 2019-014 — 71 Heit Lane, 2103780 Ontario Inc. 4. A 2019-015 — 66 Mt. Hope Street, Marc Gibson & Vanessa Parks 5. A 2019-016 — 36 Gordon Avenue, David & Nancy Ashley 6. A 2019-017 — 6 Pequegnat Avenue, Jackman Property Holding 7. A 2019-018 — 396 Vanier Drive, Scott Davey 8. A 2019-019 — 396 Vanier Drive, Scott Davey 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. DOCS: 2926476 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 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 February 8, 2019 YOUR FILE: See below Application for Minor Variance (Signs): SG 2019-003 151 Zeller Drive Applications for Minor Variance: A 2019-014 71 Heit Lane A 2019-015 66 Mt. Hope Street A 2019-016 36 Gordon Avenue A 2019-017 6 Pequegnat Avenue A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-007 396 Vanier Drive CC 2019 -001 -CC 2019-004 883 Doon Village Road 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.