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Home My WebLink AboutDSD-19-263 - A 2019-117 - 450 Rivertrail AveStaff Repod Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: I KNxc Nr.R www.kitch en er. ca Committee of Adjustment November 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Nicholas Godfrey, Technical Assistant, 519-741-2200 ext. 7071 2 October 25th, 2019 DSD- DSD -19-263 A2019-117 - 450 Rivertrail Ave — Application Owners: Milestone Developments Inc. Agent: Patrick Haramis O.L.S. Approved Location Map: 450 Rivertrail Ave *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT 450 Rivertrail Avenue (centre) Planning Comments: The subject property is zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build a home that does not meet the requirements of S. 38.2.1 b.) of the Zoning By -Law. The applicant is requesting relief from the required side yard setback, proposing to have a setback of 1.28 metres rather than the required 1.5 metres. The variance being sought is a difference of 0.22 metres. The applicant meets the side yard setback at the rear of the property at 1.63 meters, but because of a slight tapering of the property line, the setback decreases towards the front of the property. City Planning staff conducted a site inspection of the property on November 6th, 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 offer the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to accommodate a full range of low density housing types which may include single detached dwellings, second and secondary dwelling units, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. It is planning staff's opinion that the proposed variance meets the general intent of the Official Plan, as it will maintain the low density character of the property and surrounding neighbourhood. General Intent of Zoning By-law 2. The subject property is zoned Residential Four (R-4). The applicant is requesting a minor variance to permit a minimum side yard setback of 1.28 metres, whereas Zoning By -Law 85-1 requires a minimum side yard setback of 1.5 meters. The subject property meets the setback requirement near the rear of the property, but because the property line tapers, the building loses adherence to the setback requirements near the front half of the property. It is the opinion of staff that the decrease in minimum side yard setback of 1.28 metres will not negatively impact the adjacent residential properties and meets the intent of the R-4 zone. It is noted that there is no easement segments along subject side lot line. m C7 CG C ry RIVERTRAIL AVENUE F 0 Q n 0 3 8.859 _ ill i.6sa ' qtr a-16 J x � �� -- — AV fel 0 �(�0h W N86'29'10 -W 9.543 f- 0 00 Survey: Property Setback —1.63m —1.28m Application is Minor 3. Staff is of the opinion that the requested variance is minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. Neighbouring properties feature similar variances (for example a similar variance of 1.26 m granted at A 2018-129 - 398 Rivertrail Avenue). In addition, the adjacent property - Lot 200 — provides the required abutting easement of 1.5 metres for access and encroachment. Application is Appropriate 4. The variance is appropriate for the development and use of the land. The proposed variance will not impact the character of the subject property or surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the new 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 has no concerns. RECOMMENDATION That minor variance application A2019-117 requesting relief from Section 38.2.1.b) of Zoning By-law 85-1 to permit a side yard setback of 1.28 metres rather than the required 1.5 metres be approved. Nicholas Godfrey, M Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo November 05, 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 (13) DEVIT AVENUE DEVELOPMENTS LTD. (15) 197 FREDERICK STREET TDL GROUP Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) FN 2019-002 — 123 Mountain Mint Crescent— No Concerns. 2) SG 2019-016 — 500 Fairway Road South — No Concerns. 3) A 2019-111 — 37-39 Pandora Avenue North — No Concerns. 4) A 2019-112 — 45 Heiman Street — No Concerns. 5) A 2019-113 — 47 Heiman Street — No Concerns. 6) A 2019-114 — 45 Maywood Road — No Concerns. 7) A 2019-115 — 593 Charles Street East — No Concerns. 8) A 2019-116— 10 Shanley Street — No Concerns. 9) A 2019-117— 450 Rivertrail Avenue — No Concerns. 10) A 2019-118 — 8 Devon Street — No Concerns. 11) A 2019-119 — 51 David Street — No Concerns. 12) A 2019-120 — 14 Frontier Drive — No Concerns. 13) A 2019-121 — 80-96 Sydney Street North — No Concerns. 14) A 2019-122 — 1092 Queen's Boulevard — No Concerns. 15) A 2019-123 — 181-197 Frederick Street — No Concerns. 16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent — No Concerns. 17) A 2019-130 — Adjacent to 85 McIntyre 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 the payment of Regional Development Charges for this development prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number listed. If a site is subject to more than one application, additional comments may apply. Document Number: 3146724 Page 1 of 2 Please forward any decision on the above mentioned application 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 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: November 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: FN 2019-002 123 Mountain Mint Crescent SG 2019-016 500 Fairway Road South A 2019-111 37-39 Pandora Avenue North A 2019-112 45 Heiman Street A 2019-113 47 Heiman Street A 2019-114 45 Maywood Road A 2019-115 593 Charles Street East A 2019-116 10 Shanley Street A 2019-117 450 Rivertrail Avenue A 2019-118 8 Devon Street A 2019-119 51 David Street A 2019-120 14 Frontier Drive A 2019-121 80, 86, 92 & 96 Sydney Street North A 2019-122 1092 Queens Boulevard A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent Applications for Consent: 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