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Home My WebLink AboutDSD-2022-432 - A 2022-111 - 131 Pinedale Drive Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 20, 2022 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: September 9, 2022 REPORT NO.: DSD-2022-432 SUBJECT: Minor Variance Application A2022-111 - 131 Pinedale Drive Owner: Gurvinder and Jaskinder Nanra Agent: Kipra Nanra RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2022-111 for 131 Pinedale Drive requesting relief from Section 6.1.1.1 b) i) and Section 5.3 of Zoning By-law 85-1, to permit a driveway to be located 0.78 metres from the intersection of street lines instead of the minimum setback required of 9 metres, and to permit a parking space to be located in a driveway visibility triangle whereas obstructions over 0.9 metres in height are not permitted, generally in accordance with the provided drawings, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2022-111 for 131 Pinedale Drive requesting relief from Section 5.3.3 a) i) and Section 4.5 a) of Zoning By-law 2019-051, to permit a driveway to be located 0.78 metres from the intersection of street lines instead of the minimum setback required of 7 metres, and to permit a parking space to be located in a driveway visibility triangle whereas obstructions over 0.9 metres in height are not permitted, generally in accordance with the provided drawings, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances to permit the owner to widen an existing driveway closer to the intersection of the street (property) lines. There are no financial implications. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: Subject Property 131 Pinedale Drive Front view of property with existing driveway The subject property is located on Pinedale Drive, at the intersection of Pinedale Drive and Williamsburg Road. The current use of the building is a single detached dwelling, however the owner has applied for a building permit to convert to a duplex dwelling (an Additional Dwelling Unit (ADU) (Attached)). Community Area Urban Structure and is designated Low Rise Residential Residential Four Zone (R-4-law 85-1 Residential Four Zone (RES- in Zoning By-law 2019-051, which is currently under appeal. The applicant has proposed converting the current single detached dwelling into a duplex dwelling and would like to widen the existing driveway 2.6 metres to provide a double wide driveway for the property. Therefore, the applicant is requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85- 1 and relief from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit a driveway to be located 0.78 metres from the intersection of street (property) lines in stead of the minimum 9 metres in 85-1 and 7 metres in 2019-051, and relief from Section 5.3 of Zoning By-law 85-1 and relief from Section 4.5 a) of Zoning By-law 2019-051 to permit a vehicle to locate in a driveway visibility triangle whereas obstructions over 0.9 metres in height are not permitted. The side lot abutting a street property line is set back significantly from the road (as shown in the attached sketch). The setback to the sidewalk from Williamsburg Rd to the side property line is approximately 6.72 metres. The driveway widening will allow 2 cars to park side by side in a safe manner. Proposed driveway widening REPORT: Planning Comments: In considering the four tests for the 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. This designation permits low density forms of housing such as duplex dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. It is the opinion of staff that the requested variances for the driveway location meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the corner lot driveway location regulations in both By-law 85-1 and 2019-051 is to ensure that there are adequate setbacks from the corner that would not impede visibility for pedestrians, cyclists and motorists at the intersection. All modes of transportation are to have adequate sight lines for safety purposes. The proposed driveway widening does not interfere with the intersection sightlines as the property line is set back significantly from the road. This setback provides adequate visibility for all modes of transit and the reduction will not negatively impact adjacent properties nor the streetscape. The intent of both By-laws to not permit obstructions over 0.9 metres in height within a driveway visibility triangle is to ensure that there areadequate site lines for vehicles to exit the property in a safe manner and locate oncoming pedestrians, cyclists and other motor vehicles. There is a current hedge on the property that is the owners intention to be removed to ensure there is increased visibility. The separation distance from the road also provides extra space to ensure the vehicle can exit slowly and without incident. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-laws. Is/Are the Effects of the Variance(s) Minor? The variances can be considered minor, as it is the opinion of staff that the setback from Williamsburg Road to the property line still adequately maintains the corner and driveway visibility triangles requirements and will not present any significant impacts to the adjacent properties and the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are appropriate for the development and use of the land. The variances will allow the gentle intensification of an existing single detached dwelling to a duplex dwelling and provide the required parking, unobstructed, on the property. Environmental Planning Comments: No natural heritage or tree management policy concerns. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering has no comment. If approved by Planning/Transportation Planning, a curb cutting permit from Engineering is required for the work to proceed. Parks/Operations Division Comments: Parks/Operations has no comments. Transportation Planning Comments: Transportation Services can support the requested encroachment into the corner visibility triangle (CVT) due to the geometry of the intersection of Williamsburg Road and Pinedale Drive. The CVT is located far enough away from Williamsburg Road that vehicles at the stop sign on Pinedale Drive will not have impacts on sight lines and visibility due to the widening of the driveway as requested. 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 Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2014) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-laws 85-1 and 2019-051 August 30, 2022 Marilyn Mills City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY (3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11, BLOCK 193) SCHLEGEL URBAN DEVELOPMENT CORP (10)/63, 10 AND 26 COLLEGE STREET NIMER BROTHERS DEVELOPMENT INCORPORATED (11) /VAR KIT, 132 WOOLWICH STREET GATTO HOMES INCORPORATED Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 104 369 Frederick Street No Concerns. 2) A 2022 - 105 6 Tweedsmuir Court No Concerns. 3) A 2022 - 106 175 Tartan Avenue No Concerns. 4) A 2022 - 107 133 Pine Martin Crescent No Concerns. 5) A 2022 - 108 23 Bosworth Crescent No Concerns. 6) A 2022 - 109 60 Crosswinds Drive No Concerns. 7) A 2022 - 110 6 Marianne Dorn Trail No Concerns. 8) A 2022 - 111 131 Pinedale Drive No Concerns. 9) A 2022 - 112 527 Wellington Street North No Concerns. 10) A 2022 - 113 10 College Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЏЏЌЊЍ tğŭĻ Њ ƚŅ Ћ 11) A 2022 - 114 132 Woolwich Street No Concerns. 12) A 2022 - 115 224 Jeffery Place No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA@Kitchener.ca 2 September 1, 2022 via email GRCA File:September 20,2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener th 200 King Street West, 6 Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting – September 20, 2022 Applications for Minor Variance A 2022-104 369 Frederick Street A 2022-105 6 Tweedsmuir Court A 2022-106 175 Tartan Avenue A 2022-107 133 Pine Martin Crescent A 2022-108 23 Bosworth Crescent A 2022-109 60 Crosswinds Drive A 2022-111 131 Pinedale Drive A 2022-112 527 Wellington Street North A 2022-113 10 College Street A 2022-114 132 Woolwich Street Applications for Consent B 2022-046 78-80 Old Chicopee Drive B 2022-047 124 Walker Street B 2022-048 7 Shaded Creek Drive B 2022-049 9 Shaded Creek Drive B 2022-050 11 Shaded Creek Drive B 2022-051 13 Shaded Creek Drive B 2022-052 15 Shaded Creek Drive B 2022-053 21 Shaded Creek Drive B 2022-054 23 Shaded Creek Drive B 2022-055 25 Shaded Creek Drive Application for Change of Conditions CC 2022-001 – 41 Ardelt Place Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA.The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact meat jconroy@grandriver.ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. Resource Planning Technician Grand River Conservation Authority