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Home My WebLink AboutDSD-20-134 - A 2020-070 - 43 Hollybrook TrREPORT TO:Committee of Adjustment DATE OF MEETING:September 15, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Brian Bateman, Senior Planner -519-741-2200 ext. 7869 WARD:4 DATE OF REPORT:August 31,2020 REPORT #:DSD-20-134 SUBJECT:A2020-070–43Hollybrook Trail Owner –Kenore Homes Applicant –MHBC Approve Subject Property: 43 Hollybrook Trail REPORT Planning Comments: The subject property located at 43 Hollybrook Trail, at the intersection of Hollybrook and Forest Creek Drive,is zoned Residential Three(R-3)with site specific regulation 463RinZoning By-law 85-1 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 theZoning By-law to locate a driveway 7.0metres from the intersection of street lines *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. abutting the lot rather than the required setback of 9 metres. The CRozBY regulationis7.0 metres but is not in full force and effect. Staff conducted a site visit on August 18, 2020.The area was under construction. 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 housingand is not impacting the overall low-density residential character of the area. 2.Meets General Intent and Purpose of Zoning By-law Test Theapplication 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-law85-1is to ensure there are no obstructions in the corner visibility triangle(CVT),thus allowingvehicles entering and exiting the intersection todo so safely. Though By-Law 85-1 is in effect,thepending draftComprehensive Review of the Zoning By-law (CroZBy) 2019-051will 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. 3.Is the Variance “Minor” Test Staff is of the opinion that the requested variance is minor. The proposedsetbackreduction from the intersectionof Rivertrail Avenue and Valleybrook Drivewill 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 Thedirection under the City’s new Comprehensive zoning By-law is for driveways to be located within 7.0 metres of an intersection and this request would fall within that requirement.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 @ 519-741-2433with any questions. Transportation Services Comments: Due to the low traffic nature of the roadway and the fact that the driveway location will not impact the Corner Visibility Triangle (CVT) under the new Zoning By-law 2019- 051, Transportation Servicesdoes not have any concerns with the proposed application. Engineering Comments:No concerns RECOMMENDATION Based on the foregoing, Planning staff recommends that this applicationA2020-070requesting relief from Zoning By-Law 85-1 Section 6.1.1.1. b.) iv) to allow a driveway to be located 7.0metres from an intersection rather than the required 9.0 metresbe approved. _____ Brian Bateman, MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP SeniorPlanner Senior Planner August 31, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 4) VAR KIT, KANCO Kitchener, ON N2G 4G7 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 1283 Victoria Street North No Concerns. 2) A 2020-046 221 Vanier Drive No Concerns. 3) A 2020-047 6 Pequegnat Avenue No Concerns. 4) A 2020-048 581 Strasburg Road No Concerns. 5) A 2020-049 26 6th Avenue No Concerns. 6) A 2020-050 598 604 608 Victoria Street South No Concerns. 7) A 2020-051 14 Tweedsmuir Court No Concerns. 8) A 2020-052 261 Woodbine Avenue No Concerns. 9) A 2020-053 80 McGee Avenue No Concerns. 10) A 2020-054 115 Parkvale Drive No Concerns. 11) A 2020-055 61 Irvin Street No Concerns. 12) A 2020-056 49 Lichty Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌБЎБЍЊ Ћ tğŭĻ Њ ƚŅ Ћ 13)A 2020-057114 Blair Creek DriveNo Concerns. 14) A 2020-058 64 Grand Flats Trail No Concerns. 15) A 2020-059 132 Wilhelm Street No Concerns. 16) A 2020-060 36 Jacob Gingrich Drive No Concerns. 17) A 2020-061 35 Sheldon Avenue North No Concerns. 18) A 2020-062 6 Willow Green Court No Concerns. 19) A 2020-063 353 Krug Street No Concerns. 20) A 2020-064 193 Strange Street No Concerns. 21) A 2020-065 192 Woolwich Street No Concerns. 22) A 2020-066 110 Fergus Avenue No Concerns. 23) A 2020-067 297 Ottawa Street South No Concerns. 24) A 2020-068 175 Queen Street North No Concerns. 25) A 2020-069 20 Hollybrook Trail No Concerns. 26) A 2020-070 43 Hollybrook Trail No Concerns. 27) A 2020-071 158 Pondcliffe Court No Concerns. 28) A 2020-072 900 Pondcliffe Court No Concerns. 29) A 2020-073 916 Pondcliffe Court No Concerns. 30) A 2020-074 31 Wilfong Drive 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 P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:September 15, 2020 Committeeof Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance Asareminder, the attachedletter from Nancy Davy, Director of Resource Managementwas circulated to municipalities to indicate that GRCAstaff do not have the capacity to review all minor variance applications at this time.If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B2020-026225Fairway RoadSouth B2020-02711Chicopee Park Court B2020-02811Chicopee Park Court B2020-029442Old Chicopee Trail B2020-03058Barbara Crescent B2020-031500KarnStreet B2020-032160Strange Street B2020-0334Westgate Walk B2020-034to B2020-036956. 958, 960, 962 Glasgow Street B2020-0371541Highland Road West The above-noted consent 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 questionsor require additional information, please contact me at 519-621-2763 ext. 2228or aherreman@grandriver.ca. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority.