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Home My WebLink AboutDSD-19-055 - A 2019-022 - 312 Rivertrail AveStaff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment March 19, 2019 I KNxc Nr.R www.kitch en er. ca Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Christian Tsimenidis, Student Planner - 519-741-220 ext. 7074 #2 March 7, 2019 DSD -19-055 A2019-022 — Rivertrail Avenue Applicant — Phil Ha Approve Location Map: 312 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 is zoned Residential Four (R-4) with Special Regulation Provision 597R. The property is also designated as Low Rise Residential in the City's Official Plan. City Planning Staff visited the site on March 1, 2019. The applicant is requesting relief from Section 6.1.1.1. b) iv) of the Zoning By-law to allow a driveway on a corner lot to be located 7.93 metres from the intersection for a single detached dwelling, rather than the required 9.0 metres. Subject property under construction 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. General Intent of the Official Plan The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. A number of Low Rise Residential policies from the 2014 Official Plan are under appeal. Therefore, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. This intent of this designation is to preserve the scale, use and intensity of the existing neighbourhood. The requested variance to permit a reduced driveway setback for a corner lot continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the proposed variance meets the general intent of the Official Plan designation. 2. General Intent of the Zoning By-law The applicant has requested a variance to permit a driveway setback of 7.93 metres rather than 9.0 metres from the intersection. The intent of the regulation that requires 9.0 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 case, the proposed setback of 7.93 metres still ensures that the driveway will be outside of the Corner Visibility Triangle (7.5 metres). It is the opinion of staff that the 1.07 metre reduction meets the general intent of the By-law with respect to safety and visibility. Additionally, Transportation Services support a 1.07 metre reduction from the required 9.Om driveway setback from the intersection. 3. Is the Variance Minor? The variance is considered minor. The variance represents a small reduction in the requirements and any potential impacts are considered minor by City Planning staff. 4. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance should not impact the character of the surrounding neighbourhood. It is the opinion of staff, that the proposed 7.93 metre separation allows for sufficient separation from the driveway and will not impact the subject or adjacent properties. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services would support a 1.07 metre reduction from the required 9.Om driveway setback from a corner. Engineering Comments: No comments. RECOMMENDATION That application A2019-022 requesting relief from Section 6.1.1.1 b) iv) of the Zoning By-law to allow a driveway on a corner lot to be located 7.93 metres from the intersection for a single detached dwelling rather than the required 9.0 metres, be approved. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo February 27, 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, Sth 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.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce 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. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 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: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, CPT 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.