The URL can be used to link to this page

Home My WebLink AboutDSD-20-082 - A 2020-030 - 366 Rivertrail Ave REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Juliane vonWesterholt WARD: 2 DATE OF REPORT: August 12, 2020, 2020 REPORT #: DSD-20-82 SUBJECT: A2020-030 366 Rivertrail Ave Owner Fusion Homes Applicant Phil Ha Recommend Approval Subject Property: 366 Rivertrail Avenue REPORT Planning Comments: The subject property located at 366 Rivertrail Avenue, at the intersection of Rivertrail Avenue and Valleybrook Drive, is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise v) of the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Zoning By-law to locate a driveway 7.94 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres, for a variance of 1.06 metres. th Staff conducted a site visit on April 17, 2020. Subject Property: 366 Rivertrail 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 offer the following comments. 1. Meets the General Intent of the Official Plan Test The intent of the Low Rise Residential land use designation in the Official Plan is to accommodate a full range of low density housing types. The requested variance meets the general intent of the Official Plan, as the proposed variance is providing low density housing and is not impacting the overall low density residential character of the area. 2. Meets General Intent and Purpose of Zoning By-law Test The application is to reduce the setback to the intersection to 7.94 metres from 9.0 metres. The intent of the 9.0 metre setback in the Zoning By-law 85-1 is to ensure there are no obstructions in the corner visibility triangle (CVT), thus allowing vehicles entering and exiting the intersection to do so safely. Though By-Law 85-1 is in effect, the pending draft Comprehensive Review of the Zoning By-law (CroZBy) 2019-051 will change that setback requirement to 7.0, metres which will likely remove the need for this variance in future developments. The parking space, 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. Therefore, the general intent of the Zoning Bylaw continues to be maintained. Valleybrook Drive Rivertrail Ave Subject Property: Proposed Driveway 3. Is the Variance Staff is of the opinion that the requested variance is minor. The proposed setback reduction from the intersection of Rivertrail Avenue and Valleybrook Drive will be negligible due to the lower volumes of traffic in the area, as it is a shorter road and is not on a main route. 4. Is the Variance Appropriate Test The requested variance should not anticipated to impact any of the adjacent properties or the surrounding low density residential neighbourhood. Therefore, the variance is appropriate for the development and use of the land. Agency Comments: Building Comments: The Building Division has no objections to the proposed variance provided 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 reduced driveway setback from an intersection of 7.94 metres, from the required 9.0 metre driveway setback. Engineering Comments: No concerns RECOMMENDATION Based on the foregoing, Planning staff recommends that this application A2020-030 requesting relief from Zoning By-Law 85-1 Section 6.1.1.1. b.) iv) to allow a driveway to be located 7.94 metres from an intersection rather than the required 9.0 metres be approved. __________________ Juliane von Westerholt, MCIP, RPP Senior Planner April 17, 2020 Juliane von Westerholt City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 1) VAR KIT, ELEV08 Properties Kitchener, ON N2G 4G7 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Dear Ms. Westerholt: Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 293 King Street East No Concerns. 2) A 2020-030 366 Rivertrail Avenue No Concerns. 3) A 2020-031 10 Martin Street No Concerns. 4) A 2020-032 201 Featherstone Crescent No Concerns. 5) A 2020-033 210 Rivertrail Avenue No Concerns. 6) A 2020-034 25 Shanley Street No Concerns. 7) A 2020-035 371 Biehn Drive No Concerns. 8) A 2020-036 1643 Bleams Road No Concerns. 9) A 2020-037 886 Strasburg Road No Concerns. 10) A 2020-038 121 Grand Flats Trail No Concerns. 11) A 2020-039 52 Helena Feasby Street No Concerns. 12) A 2020-040 251 Margaret Avenue No Concerns. 13) A 2020-041 56 Wilhelm Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЋАЊААЉ tğŭĻ Њ ƚŅ Ћ 14) A 2020-042 948 Chapel Hill Court No Concerns. 15) A 2020-043 285 Connaught Street No Concerns. 16) A 2020-044 50 West 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 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 April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 948 Chapel Hill Court B2020-021 944 Chapel Hill Court B2020-024 124 Walker Street B2020-025 285 Connaught 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 Page 1 of 2 fees will not be required. If you have any questions, or require additional information, please contact Chris Foster-Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengelly@grandriver.ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority Page 2 of 2 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.