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Home My WebLink AboutDSD-19-216 - A 2019-101 - 360 Rivertrail AveREPORT TO:Committee of Adjustment th DATE OF MEETING:September 17, 2019 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Eric Schneider, Junior Planner –519-741-2200 ext. 7843 WARD:2 th DATE OF REPORT:September 9, 2019 REPORT #:DSD-19-216 SUBJECT:A2019-101–360 Rivertrail Avenue Applicant –Phil Ha, Fusion Homes Recommendation: Approve Location Map: 360 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 360 Rivertrail Avenueis zoned Residential Four Zone (R-4)with Special Regulation Provision 597R,anddesignated Low Rise Residential inthe City’sOfficial Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv)of the Zoning By-law to locatea driveway 7.93 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. th City Planning staff conducted a site inspection of the property on September 5, 2019. View of Building under Construction at 360 RivertrailAvenue (September 5, 2019) 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 offersthe following comments. General Intent of Official Plan 1.The subject property is designated Low Rise Residential in the Official Plan. The Residential designation in the Official Plan places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate.The requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 1.The intent of the 9.0 metresetback is to ensure that there are no obstructions within the corner visibility triangle, and ensuring vehicles entering and exiting the intersection can do so safely. It is not anticipated thatthe proposed driveway will create an obstruction to visibility and not expected to result inany negative impacts on the adjacent residential properties. Therefore,thegeneralintent of the Zoning Bylaw continues to be maintained. Is the Variance Appropriate? 3. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood.Therefore, the varianceisappropriate for the development and use of the land Is the Variance Minor? 4.The reduction in setback of 1.07 metres can be considered minor as it is not expected to cause any obstructions in the Corner Visibility Triangle (CVT) and will continue to allow vehicles to have safe ingress/egress for the siteand represents a small reduction in the requirement. Based on the foregoing, Planningstaff recommends that this application beapprovedsubject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided revised drawingsand grading plan is submitted for currently issued building permit. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services hasno concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2019-101requesting permission for a singledetached dwelling under construction to have a driveway located 7.93m from the intersection of Rivertrail Avenue and Valleybrook Drive, whereas a setback of 9 metres is requiredbe approved, subject to the following condition(s): 1. That revised buildingdrawings and a grading plan are submitted to the satisfaction of the st City’s Chief Building Official by December 31, 2019. Eric Schneider, BES Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner August 28, 2019 Holly Dyson City of Kitchener File No.: D20-20/VAR KIT GEN 200 King Street West (8) / VAR KIT, Martea Developments P.O. Box 1118 (11) / 53 FAIRWAY, 470088 Ontario Ltd Kitchener, ON N2G 4G7 Dear Ms. Dyson: Re: Committee of Adjustment Meeting on September 17, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-092 30 Dieppe Avenue No Concerns. 2. A 2019-093 155 Breckenridge Drive No Concerns. 3. A 2019-094 205 Strange Street No Concerns. 4. A 2019-095 43 Jack Avenue No Concerns. 5. A 2019-096 260 Frederick Street The applicant must obtain a Regional access permit to legalize the existing access. 6. A 2019-097 74 Ahrens Street West No Concerns. 7. A 2019-098 44 Breithaupt Street No Concerns. 8. A 2019-099 289 and 295 Sheldon Avenue North No Concerns. 9. A 2019-100 John Wallace Drive (Townhouse Block 1) No Concerns. 10. A 2019-101 360 River Trail Avenue No Concerns. 11. A 2019-102 165 Fairway Road North No Concerns. 12. A 2019-103 581 Strasburg Road No Concerns. 13. A 2019-104 & A 2019-105 193 Louisa Street There would be no concerns to the minor variance applications subject to the condition that the recommendations of the noise study as required for the Consent application can be implemented. 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЉВЊББЉ tğŭĻ Њ ƚŅ Ћ 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 400 Clyde Road, P.O. Box 729 Resource Management DivisionCambridge, Ontario N1R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: September 9, 2019 See below Applications for Minor Variance: RE: A 2019-082 83 Elmsdale Drive A 2019-092 30 Dieppe Avenue A 2019-093 155 Breckenridge Drive A 2019-094 205 Strange Street A 2019-095 43 Jack Avenue A 2019-096 260 Frederick Street A 2019-097 74 Ahrens Street West A 2019-098 44 Breithaupt Street A 2019-099 289 & 295 Sheldon Avenue North A 2019-100 John Wallace Drive A 2019-101 360 Rivertrail Avenue A 2019-102 165 Fairway Drive Road North A 2019-103 581 Strasburg Road A 2019-104 & 105 193 Louisa Street Applications for Consent: B 2019-051 to 054 83 Elmsdale Drive B 2019-058 202 Montgomery Road B 2019-059 269 Trillium Drive B 2019-060 39 Belmont Avenue West B 2019-061 359 Alice Avenue B 2019-062 2727 Kingsway Drive B 2019-063 193 Louisa 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, CPT Resource Planning Technician Grand River Conservation Authority Page 1 of 1 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.