Committee of Adjustment
Agenda

Tuesday, April 16, 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, APRIL 16, 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.

---

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 2024-023 - 423 Edwin Street, DSD-2024-175

Requesting a minor variance to permit a required parking space to be located 2.3m from the street line rather than the minimum required 6m, to facilitate the conversion of the Single Detached Dwelling into a Duplex (single detached dwelling with attached additional dwelling unit).

5.2

A 2024-024 - 101 Clive Road, DSD-2024-178

Requesting minor variances to permit a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; and, to permit a front yard setback of 6.76m rather than the required 7.77m to facilitate the construction of a multiple residential development with 24 dwelling units in accordance with Site Plan Application SP22/014/C/ES.

5.3

A 2024-025 - 1187 Fischer Hallman Road, DSD-2024-177

Requesting a minor variance to permit an outdoor patio to be located 0m from a lot line abutting a street rather than the minimum required 3m, to facilitate the development of a new outdoor patio space for an existing commercial use (restaurant) adjacent to Max Becker Drive.

5.4

A 2024-026 - 58 & 60 Ellen Street East and 115 Lancaster Street East, DSD-2024-162

Requesting minor variances to permit a front yard setback of 0m rather than the required 3m; having an easterly side yard setback of 3.5m rather than the required 4.5m; having a rear yard setback of 4m rather than the required 7.5m; having a setback for the required off-street located 0m from the westerly lot line, rather than the required 3m; having 0 off-street parking spaces rather than the required 11 (there are two visitor parking spaces proposed); and, to permit a reduction in private amenity space for units at grade to be 3 sq.m. rather than the required 11 sq.m. to facilitate the construction of a three storey addition in the rear of an existing 3-storey multiple dwelling building increasing the number of residential units from 6 to 11 in accordance with Site Plan Application SP22/154/L/BB.

5.5

A 2024-027 - 610 Wabanaki Drive, DSD-2024-164

Requesting a minor variance to permit a maximum parking requirement of 67 parking spaces rather than the maximum permitted parking requirement of 26 parking spaces to facilitate the creation of parking spaces in an existing gravelled area on the property in accordance with Site Plan Application SP23/076/W/TZ.

5.6

A 2024-028 - 54 Franklin Street South, DSD-2024-189

Requesting a minor variance to permit a minimum lot width of 12.1m rather than the minimum required 13.1m to permit the development of an Additional Dwelling Unit (ADU) (Attached) within the existing building to facilitate the conversion of the existing Duplex into a Triplex.

5.7

A 2024-029 - 59 Vancamp Avenue, DSD-2024-182

Requesting minor variances to permit a lot width of 12.1m rather than the required 13.1m; to permit a driveway to have a minimum width at one point of 2.2m rather than the required 2m; to permit a maximum driveway width in the rear yard of 5.4m (44.6%) rather than the maximum permitted 4.8m (40%); and, to permit a parking requirement of 2 off-street parking spaces rather than the required 3 parking spaces to facilitate the development of two (2) Additional Dwelling Units (ADUs) (Attached) and the conversion of a single detached dwelling into a triplex.

5.8

A 2024-030 - 109 Ingleside Drive, DSD-2024-163

Requesting minor variances to permit a required parking space to be located 1.9m from the street line rather than the required 6m; and, to permit a driveway to have a maximum width of 5.2m (57.1%) rather than the maximum permitted 4.5m (50%) to facilitate the development of an Additional Dwelling Unit (ADU) (Attached) in the existing Semi-Detached Dwelling.

5.9

A 2024-031 - 172 Kehl Street, DSD-2024-146

Requesting minor variances to permit a parking lot to be set back 0m from a side lot line rather than the minimum required 1m; to permit a minimum lot width of 15.2m rather than the required 19m; having a minimum interior side yard to the south of 2.6m rather than the minimum required 4m; having an increase in the maximum permitted Floor Space Ratio from 0.6 to 0.75; having a building height of 10.1m rather than the maximum permitted 9m; and, to permit decks in the interior side yard to have a setback of 0.95m, whereas the By-law requires that all decks meet the setback regulations required for the building in the applicable zone, to facilitate the development of a townhouse block containing 5 dwelling units.

5.10

A 2024-032 - 55 Trillium Park Place, DSD-2024-167

Requesting a minor variance to permit a rear yard setback of 2.7m rather than the minimum required 7.5m to facilitate the construction of a one (1) storey addition to an industrial building having an area of 526 square metres in accordance with Site Plan Application SP24/004/T/AA.

5.11

B 2024-006 - 103 & 105 Dalegrove Drive, DSD-2024-187

Requesting consent to sever a parcel of land, 103 Dalegrove Drive, having a lot width of 9.3m along Dalegrove Drive, a lot depth of 30.9m, and a lot area of 282 sq.m. The lands to be retained, 105 Dalegrove Drive, will have a lot width of 9.1m along Dalegrove Drive, a lot depth of 30.9m and a lot area of 282 sq.m. The consent will permit each half of an existing semi-detached dwelling to be dealt with independently.

5.12

B 2024-007 - 137 Queen Street South, DSD-2024-165

Requesting consent to create 2 easements over 137 Queen Street South (being Parcel A (retained lands) identified in B 2023-013, B 2023-014 and B 2023-015 in favour of 15 Church Street (being parcel C (severed lands) identified in B 2023-013, B 2023-014 and B 2023-015). The proposed easements replace and expand the previous easement approved in application B 2023-015. Easement #3 is proposed to have a width of 3.2m, a length of 36.735m and an area of 126 sq.m. for the purpose of access and parking, and Easement #4 is proposed to have a width of 3.25m, a length of 20.88m and an area of 67.8 sq.m. for the purpose of access, parking and storm water.

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 28th day of March, 2024.

Mariah Blake
Secretary-Treasurer
Committee of Adjustment