The URL can be used to link to this page

Home My WebLink AboutDSD-2021-33 - A 2021-019 - 30 Waterbow Trail (Amended) REPORT TO: Committee of Adjustment DATE OF MEETING: April 20, 2021 SUBMITTED BY: vonWesterholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Thompson, Lisa, Planning Technician, 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD-2021-033 SUBJECT: Minor Variance Application A2021-019 30 Waterbow Trail Owner - Milestone Developments Inc. Applicant - Patrick Haramis RECOMMENDATION: That application A2021-019 for 30 Crossbow Trail requesting relief from Section 38.2.1 to allow a minimum side yard abutting a street of 4.10 metres rather than the required 4.5 metres, Section 6.1.1.1 b) iv) to allow a driveway access to be located 7.6 metres from the intersection of the street lines abutting the lot rather than the required 9.0 metres, and Section 5.6A .4 a) to allow a non-enclosed porch to be located 2.74 metres from the lot line abutting a street rather than the required 3.0 metres be approved without conditions. REPORT HIGHLIGHTS: The application is requesting permission to construct a new single detached dwelling on a corner lot having a side yard abutting a street setback of 4.10 metres, the driveway access 7.6 metres from the intersection of the street lines abutting the lot, and a non-enclosed porch 2.74 from the lot line abutting the street. Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7.6m setback to driveway 2.74m setback to porch 4.10m setback to dwelling Building Location Sketch BACKGROUND: The property is designated as Low Rise Residential is identified as a Community Area Map. The property is zoned as Residential Four (R-4) with Special Regulation 597R (geothermal wells shall not be permitted) in Zoning By-law 85-1. REPORT: Planning Comments: 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 the Official Plan The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a lower-density neighbourhood. The requested variances to allow a single detached dwelling with a side yard abutting a street of 4.1 metres rather than the required 4.5 metres, the driveway access 7.6 metres from the intersection of the street lines abutting the lot and a non-enclosed porch 2.74 metres from the lot line abutting a street rather than the required 3.0 metres for a new single detached dwelling will support and continue to maintain the low-density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The variances requested for the minor reduction in building, driveway and porch setback all meet the general intent of the Zoning By-law. The setback regulations in the by-law are intended to provide appropriately sized open areas on a lot creating outdoor spaces for the residents and adequate space for any exterior maintenance of the building as may be required. The resulting setback of 4.10 metres for the dwelling and 2.74 metres for the porch will ensure there is appropriate outdoor area maintained on site and will allow sufficient space for any exterior building maintenance. The driveway setback is to ensure safe functioning of the residential driveway and roadway. The driveway access at 7.6 metres from the intersecting lot lines will maintain an appropriate distance allowing vehicles to stop at the intersection without impeding access to the residential driveway. Transportation staff has no concerns with the location of the detached dwelling on this corner lot. Is the Variance Minor? In the opinion of staff, the variances are minor. The location of the dwelling at 4.10 metres and the porch at 2.74 metres from the side lot line abutting the street will not have any negative impacts on the subject property or abutting property, nor will the driveway access located 7.6 metres from the intersection. The minimal setback reduction to the dwelling and driveway will not be visually apparent and -continues to provide an appropriate separation from the intersection to ensure safe operation of the public street. In all other aspects, the new dwelling meets the zoning regulations. Is the Variance Appropriate? In the opinion of staff, the requested variances are appropriate and maintain the orderly development of the subject lands within the subdivision. City Planning staff conducted a site inspection of the property on February 26, 2021. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the single detached house is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM ance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Minor Variance Application A2021-019 was deferred from the March 2021 Committee of Adjustment meeting as an additional variance was added. There are no other reports/authorities related to this matter. April 07, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) 53 COURTLAND, 80 COURTLAND AVENUE Kitchener, ON N2G 4G7 EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 30 Waterbow Trail No Concerns. 2) A 2021-026 11 Whitney Place No Concerns. 3) A 2021-027 573 Guelph Street No Concerns. 4) A 2021-028 11 Springdale Drive No Concerns. 5) A 2021-029 20 Munroe Street No Concerns. 6) A 2021-030 80 Courtland Avenue East No Concerns. 7) A 2021-031 660 Avondale Avenue No Concerns. 8) A 2021-032 81 Waterloo Street No Concerns. 9) A 2021-033 Fairway & Woolner No Concerns. 10) A 2021-034 59 Carisbrook 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЏЊЏЎВЉ tğŭĻ ƚŅ Ћ 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 Dianna Saunderson Via email only City of Kitchener 200 King StreetWest Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:April 20,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2021-01930 Waterbow Trail A2021-02611Whitney Place A2021-027573Guelph Street A2021-02811Springdale Drive A2021-02920Munroe Street A2021-03080Courtland Avenue East A2021-031660Avondale Avenue A2021-03281Waterloo Street Applications for Consent B2021-01583Elmsdale Drive B2021-01683Second Avenue B2021-01782Pattandon Avenue B2021-018-020942Doon Village Road B2021-021-023654Rockway Drive 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 questions or require additional information, please contact me at 519-621-2763 ext. 2228 or 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.