The URL can be used to link to this page

Home My WebLink AboutDSD-19-240 - A 2019-109 - 26 Baird AveStaff Report Development Services Department 1 R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: October 15', 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 1 DATE OF REPORT: October 4t", 2019 REPORT #: DSD -19-240 SUBJECT: A2019-109 — 26 Baird Avenue Applicant — Vanessa Kranjec on behalf of Jose & Mari Borges Approve as AMENDED Location Map: 26 Baird 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 26 Baird Avenue is zoned Residential Four Zone (R-4), and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to locate a driveway 5.97 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. Through the review of the application, it has come to staff's attention that the requested variance of 5.97 metres from the intersection of street lines, would not be sufficient to meet the applicant's needs to create a parking space. The original setback distance requested of 5.97 metres, would not permit a car to exit the garage without affecting the newly created parking space. As such staff recommends that the application be AMENDED to request to locate a driveway 5.0 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. Staff is of the opinion that this modification to the application does not require additional notice as sufficient notice has been issued. City Planning staff conducted a site inspection of the property on October 1St, 2019. 26 Baird Avenue 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 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 requested variance meets the general intent of the Official Plan, because the proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate. General Intent of Zoning By-law 2. The lands are zoned Residential Four (R-4). The intent of the 9.0 metre setback from an intersection in Zoning By-law 85-1, is to ensure that there are no obstructions within the corner visibility triangle (CVT), thus ensuring vehicles entering and exiting the intersection can do so safely. The corner visibility triangle as indicated on the revised concept sketch below, shows the reduced CVT of 7.5 metres that is being supported through the Comprehensive Review of the Zoning By-law (CroZBy) 2019-051. The parking spaces, as well as the driveway are located outside of the new proposed CVT dimensions. It is not anticipated that the proposed driveway will create an obstruction to visibility and not expected to result in any negative impacts on the adjacent residential properties. Furthermore, staff is of the opinion that the driveway apron and curb of the existing driveway should not be permitted to be widened. Therefore, the general intent of the Zoning Bylaw continues to be maintained. Application is Minor 3. The reduction in setback of 4.0 metres can be considered minor as it is not expected to cause any obstructions in the Corner Visibility Triangle (CVT). Furthermore, the proposed CVT in CroZBy 2019- 051, has a reduced size of 7.5 metres instead of 9.0 metres in 85-1, thus the new reduction in setback would be reduced to 2.5 metres, and can be considered minor. This reduced setback from the intersection will continue to allow vehicles to have safe ingress/egress for the site and represents a small reduction in the requirement. Application is Appropriate 4. The requested variance is not anticipated to impact any of the adjacent properties or the surrounding neighbourhood. Therefore, the variance is appropriate for the development and use of the land. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the updated plan received October 4, 2019, Transportation Services can support this application. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this application. 26 Baird Avenue — Revised Concept October 4, 2019 RECOMMENDATION That minor variance application A2019-109 requesting permission to locate a driveway 5.Om from the intersection of Baird Avenue and Bettley Crescent, whereas a setback of 9 metres is required be approved as AMENDED. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner 'M 3' 24 J-' Uj �•� - e` CONCPrETECt F'Ul+,'QdT1QN Q 26 Baird Avenue — Revised Concept October 4, 2019 RECOMMENDATION That minor variance application A2019-109 requesting permission to locate a driveway 5.Om from the intersection of Baird Avenue and Bettley Crescent, whereas a setback of 9 metres is required be approved as AMENDED. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Uj - ye 25.r': 12-7 !u r r s..3' 1'j- c� Gin �,�idt 2 .•1 R+CRVE l , s 7 PLAN IC6?5) BA IRD AVENUE 26 Baird Avenue — Revised Concept October 4, 2019 RECOMMENDATION That minor variance application A2019-109 requesting permission to locate a driveway 5.Om from the intersection of Baird Avenue and Bettley Crescent, whereas a setback of 9 metres is required be approved as AMENDED. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo September 26, 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 Re: Committee of Adjustment Meeting on October 15, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1. A 2019-106 — 78 Castlebay Street— No Concerns. 2. A 2019-107 — 38 Gordon Avenue — No Concerns. 3. A 2019-108 — 41 Moore Avenue — No Concerns. 4. A 2019-109 — 26 Baird Avenue — No Concerns. 5. A 2019-110 — 330 Manitou Drive Unit C — 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 Document Number: 3115951 Page 1 of 1 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: October 7, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-094 205 Strange Street A 2019-106 78 Castlebay Street A 2019-107 38 Gordon Avenue A 2019-108 41 Moore Avenue A 2019-109 26 Baird Avenue Applications for Consent: B 2019-064 53 & 55 Perth Road B 2019-065 210 Simeon Street B 2019-066-071 253 Clark Avenue 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 xThese 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