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Home My WebLink AboutDSD-19-114 - A 2019-043 - 170 Rivertrail AveStaff Repod Development Services Department I www.kitchen er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21St, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 WARD: DATE OF REPORT: REPORT #: SUBJECT: 2 May 13th, 2019 DSD -19-114 A 2019-043 — 170 Rivertrail Avenue Milestone Developments Inc. Approved Without Conditions Location Map: 170 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 170 Rivertrail Avenue is zoned Residential Four (R-4) Zoning By-law 85- 1 and is designated Low Rise Residential in the City's 1994 and 2014 Official Plan. City Planning staff conducted a site inspection of the property on May 13th, 2019. The applicant is requesting permission to construct a single detached dwelling having an easterly side yard setback of 1.25 metres rather than the required 1.50 metres. View from Rivertrail Avenue 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 The subject property is designated Low Rise Residential in the City's Official Plan. The proposed variance meets the general intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change will maintain the low density character of the property and surrounding neighbourhood. The proposed variance meets the general intent of the designation. General Intent of the Zoning By-law The requested variance to legalize the easterly side yard setback of 1.25 metres rather than the required 1.50 metres, meets the general intent of the Zoning By-law. The intent of the 1.50 metres interior side setback is to allow for maintenance as the opposite setback is reduced to 0 — 0.20 metres. A standard side yard setback is 1.20 metres, with the variance this property is still maintaining the average interior side yard setback required for a development. It is the opinion of the Planning staff that the 0.25 metres reduction in the interior side yard setback will not affect the neighbouring properties. As such, Staff is satisfied the variance meets the general intent of the Zoning By-law. Minor The variance can be considered minor as a 0.25 metres reduction in the interior side yard setback will not present any significant impacts to adjacent properties and the safety of the overall neighbourhood has not been compromised. Appropriate and Desirable The proposed variance is appropriate for the development and use of the land. No negative impacts are anticipated as a result of the variance. The proposed setback for the driveway will continue to provide a safe ingress and egress to the property without impacting the intersection. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the 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. Engineering Comments: Engineering Services has no concerns with the proposed application. RECOMMENDATION: That application A 2019-043 requesting relief from Section 38.2.1 b) to construct a single detached dwelling having an easterly side yard setback of 1.25 metres, whereas 1.50 metres is required, shall be approved without conditions. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner Region of Waterloo May 03, 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.: D20-20/VAR KIT GEN (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority.