Committee of Adjustment
Agenda

Tuesday, May 21, 2024 at 10:00 A.m. - 12:00 P.m.

Council Chambers

City of Kitchener

200 King Street W, Kitchener, ON N2G 4G7

(Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended,
and Ontario Regulations 197/96 and 200/96, as amended)

TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on TUESDAY, MAY 21, 2024, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent.

Applicants or Agents must attend in support of the application. This is a public meeting. Anyone having an interest in any of these applications may make an oral submission at the meeting or provide a written submission for Committee consideration. Please note this is a public meeting and will be livestreamed and archived at www.kitchener.ca/watchnow.

The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date.

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1.

COMMENCEMENT

2.

MINUTES

3.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

Members of Council and members of the City’s local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form.

4.

APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT

5.

NEW BUSINESS

5.1

A 2024-033 - 1955 Fischer Hallman Road, DSD-2024-219

Requesting a minor variance to permit an easterly, side yard setback of 8.5m rather than the minimum required 10m to facilitate the development of a recreational athletic complex.

5.2

A 2024-034 - 215 Morgan Avenue, DSD-2024-241

Requesting minor variances to permit 19% of street line façade opening and no pedestrian entrance rather than the minimum required 20% including one (1) pedestrian entrance to the principal building; to permit a building to be located 10.6m from an active railway right-of-way rather than the minimum required 15m, to permit a drive aisle of 4.8m adjacent to a portion of one (1) parking space rather than the minimum required 6m; and, to permit parking spaces and drive aisles to be located in the front yard whereas the Zoning By-law does not permit this, to facilitate the development of 4 Additional Dwelling Units (ADU) to a 4 unit development for a total of 8 dwelling units on the subject property.

5.3

A 2024-035 - 42 Hazelglen Drive, DSD-2024-221

Requesting minor variances to permit a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; a building height of 11.9m rather than the maximum permitted 11m; and, to not provide private patios for the ground floor units whereas the zoning by-law requires a private patio be provided, to facilitate a multiple residential development having 20 dwelling units in accordance with Site Plan Application SP23/081/H/AA.

5.4

A 2024-036 - 50 Confederation Drive (WITHDRAWN)

The application has been withdrawn and will not be considered by the Committee.

5.5

A 2024-037 - 67 Blucher Street, DSD-2024-225

Requesting minor variances to permit a front yard setback of 4.49m rather than the minimum required 6.6m; a rear yard setback of 3.2m rather than the minimum required 7m; and, a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6, to facilitate the development of 2 3-storey stacked townhouse buildings each having 8 dwelling units in the rear yard of the subject property containing an existing 10 townhouse dwelling in accordance with Site Plan Application SP23/084/B/TS.

5.6

A 2024-038 - 32 Montana Crescent, DSD-2024-238

Requesting minor variances to Zoning By-laws 2019-051 and 2024-074 to permit the building floor area for an Additional Dwelling Unit (ADU) (Detached) to be 122 sq.m rather than the maximum permitted 80 sq.m.; to permit a lot width of 7.3m rather than the minimum required 13.1m; to permit a shed roof building height for the Additional Dwelling Unit (ADU) (Detached) of 4.8m rather than the maximum permitted 4.5m; to permit an unobstructed walkway of 0.94m rather than the minimum required 1.1m; and, to permit a deck on the Additional Dwelling Unit (ADU) (Detached) to have a rear yard setback, adjacent to Highland Road West, of 1.4m rather than the minimum required 4m to facilitate renovation of the existing semi-detached dwelling to have one (1) Additional Dwelling Unit (ADU) (Attached) and to construct one (1) Additional Dwelling Unit (Detached) for a total of 3 dwelling units on the property.

5.7

A 2024-039 - 114 Brandon Avenue, DSD-2024-246

Requesting minor variances to permit an easterly side yard setback of 0.45m rather than the minimum required 1.2m to recognize the location of an existing carport; and, to permit a rear yard setback of 5.5m rather than the minimum required 7.5m to facilitate the replacement of an existing sunroom at the rear of the detached dwelling.

5.8

A 2024-040 - 39 Turner Avenue, DSD-2024-227

Requesting a minor variance to permit an accessory building to be 18.3% (204.4 sq.m in area) rather than the maximum permitted 15% (168.2 sq.m in area) to facilitate a 1-storey addition to an existing detached accessory structure in the rear yard of the subject property.

5.9

A 2024-041 - 133 Max Becker Drive, DSD-2024-232

Requesting a minor variance to permit an exterior yard setback adjacent to Copper Leaf Crescent of 4.2m rather than the required 4.5m to be able to build a 2-storey addition onto the existing detached dwelling.

5.10

A 2024-042 - 125 Seabrook Drive, DSD-2024-218

Requesting minor variances to permit a gross leasable commercial space of 1,932.5 sq.m rather than the maximum permitted 999 sq.m; and, to permit a retail unit to be 555 sq.m in size rather than the maximum 225 sq.m to facilitate the development of a new commercial plaza with a specialty grocery store in accordance with Site Plan Application SP24/002/S/AA.

5.11

B 2024-008 - 7 Upper Mercer Street, B6 and B7, DSD-2024-226

Requesting consent to sever the existing townhouse dwelling units, municipally known as 7 Upper Mercer Street, Units 6 and 7, into two (2) independent properties/units. The severed land will have a lot width of 5.9m, a lot depth of 27.6m and a lot area of 162.8 sq.m. The land to be retained will have a lot width of 5.9m, a lot depth of 26.7m and a lot area of 162.8 sq.m. The consent will permit each townhouse dwelling unit in an existing townhouse development to be dealt with independently.

5.12

B 2024-009 & A 2024-043 - 500 Stauffer Drive, DSD-2024-236

Requesting consent to sever a parcel of land having an approximate lot width of 141.5m, a lot depth of 39.2m and an area of 0.208 hectares (Block 2 on the Severance Plan). The lands to be retained will have an approximate lot width of 715m, a lot depth varying from 518-725m and an area of 39.4 hectares (Block 1 on the Severance Plan). The purpose of the application is to create a sanitary servicing block (Block 2) that is to be conveyed to Activa Holdings Inc. (‘Activa’) to facilitate the future sanitary servicing of lands on the west side of Strasburg Road. A minor variance is also being requested to permit a lot width of 141.5m, to recognize the resultant width of the proposed severed parcel of land, whereas the 'FTR-1' Zone only permits the existing width of a lot.

6.

ADJOURNMENT

7.

PLANNING ACT INFORMATION

• Additional information is available at the Legislated Services Department, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener 519-741-2203 or by emailing .
• Copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca/meetings in the online Council and Committee calendar; see the meeting date for more details.
• Anyone having an interest in any of these applications may attend this meeting.
• Only the Applicant, Minister, specified person (as defined in Section 1 of the Planning Act) or public body that has an interest in the matter has the right to appeal of decisions of the Committee of Adjustment. These parties must make written submissions to the Committee prior to the Committee granting or refusing Provisional Consent otherwise, the Ontario Land Tribunal (OLT) may dismiss the appeal.
• Any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Mariah Blake at .
• If you wish to be notified of a decision, you must make a written request to the Secretary-Treasurer, Committee of Adjustment, Kitchener City Hall, 200 King St. W., Kitchener ON, N2G 4G7.

The Notice of Hearing for this meeting was published in the Record on the 3rd day of  May, 2024.

Mariah Blake
Secretary-Treasurer
Committee of Adjustment