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Home My WebLink AboutDSD-20-024 - A 2020-011 - 23 Forfar AveREPORT TO:Committee of Adjustment th DATE OF MEETING:February 18, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Tim Seyler,Planner –519-741-2200 ext. 7860 WARD:1 th DATE OF REPORT:February 10, 2020 REPORT #:DSD-20-024 SUBJECT:A2020-011–23 Forfar Avenue Applicant –Miljan & Slobodanka Sekerovic Approve Location Map: 23 Forfar 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 23 Forfar Avenue is zoned Residential Three Zone (R-3),anddesignated Low Rise Residential inthe City’s Official Plan. The applicant is requesting relief from Section 37.2.1 of the Zoning By-law to permit a new single detached dwelling to have a side yard abutting a street setback of 4.3 metres rather that the required 4.5 metres. Further relief is being sought from Section 6.1.1.1.b) iv) of the Zoning By-law to locatea driveway 7.0 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. It should be noted that the subject property was created approximately two years ago through Consent items B2018-014 & B018-015. Furthermore, the lot was approved for a reduced lot width of 14.04 metres at that time of decision. (A2018-020). th City Planningstaff conducted a site inspection of the property on January 29, 2020. 23 Forfar 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 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 requested variances continue to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variancesmeet the general intent of the Official Plan. General Intent of Zoning By-law 2. The current R-3zoning requires a 4.5 metresetback from the side yard lot line abutting a street is to ensure that on a corner lot there is adequate separation from the street line to ensure visibility for vehicles travelling in the area, as well as providing adequate separation between the public space and buildings.The reduction in the side yard abutting a street setback is minimally affecting the side yard area.As such staff is satisfied the requested variance to reduce the side yard abutting a street setback to 4.3 metres whereas 4.5 metres is required meets the general intent of the Zoning By-law. 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), thusensuring vehicles entering and exiting the intersection can do so safely.The corner visibility triangle as indicated on the concept sketch below, shows the reduced CVT of 7.0metresthat 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 proposedCVT dimensions. It is not anticipated that the 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. Application is Minor 3. The reduction in side yard abutting a street setback to 4.3 metres can be considered minor. The proposed reduction will be negligible as the reduction will not impact the existing neighbourhood. Furthermore,the variance it is not expected to cause any obstructions in the Corner Visibility Triangle (CVT) as the proposed CVT in CroZBy2019-051, has a reduced sizeof 7.0metres instead of 9.0 metres in 85-1, thus the new reduction in setbackwould be reduced to 2.5metres, 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 toimpact any of the adjacent propertiesor the surrounding neighbourhood.Therefore, the varianceisappropriate for the development and use of the land. Based on the foregoing, Planning staff 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 building permit for the new single detached dwelling are obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: While the proposed driveway setback encroaches into the existing 9.0metre corner visibility triangle (CVT), through the Comprehensive review of the zoning by-law (CRoZBy), the city is proposing 7 metre CVT in residential areas. Transportation Services hasno concerns with the proposed reduced driveway setback from an intersection of 7.0 metres, from the required 9.0 metre driveway setback. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this application. 23 ForfarAvenue–Proposed concept RECOMMENDATION That minor variance application A2020-011requesting permission for a new single detached dwelling to have a side yard abutting a street setback of 4.3 metres rather than the permitted 4.5 metres; and to locate a driveway 7.0m from the intersection whereas a setback of 9 metres is required;be approved. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner January 29, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 2) 55 DUKE STREET WEST ANDRIN CITY Kitchener, ON N2G 4G7 CENTRE PHASE II 5) 1333 WEBER STREET EAST PAMATA HOSPITALITY INC Dear Ms. Dyson: 6) 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-008 141 Whitney Place No Concerns. 2) A 2020-009 120, 130, 140 King Street West; 31 Young Street and 55 Duke Street No Concerns. 3) A 2020-010 25 Wellington Street North No Concerns. 4) A 2020-011 23 Forfar Avenue No Concerns. 5) A 2020-012 1333 Weber Street East No Concerns. 6) A 2020-013 544 Bridgeport Road No Concerns. 7) A 2020-014 2121 Hidden Valley Crescent No Concerns. 8) A 2020-015, 016, 017 & 018 23 Burgetz Avenue No Concerns. Please be advised that any development on the lands subject to the Applications noted above are 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 these developments prior to the issuance of a building permit. The 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЊБЏЋЎЊ tğŭĻ Њ ƚŅ Ћ comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. 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 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: February 7, 2020 See below Applications for Minor Variance: RE: A 2020-009 120, 130 & 140 King St W, 31 Young St & 55 Duke St W A 2020-010 25 Wellington Street North A 2020-011 23 Forfar Avenue A 2020-012 1333 Weber Street East A 2020-013 544 Bridgeport Road A 2020-014 2121 Hidden Valley Crescent A 2020-015-018 28 Burgetz Avenue Applications for Consent: B 2020-005 826 Frederick Street B 2020-006 826 Frederick Street B 2020-007-009 28 Burgetz 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 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.