Committee of Adjustment
Agenda

Tuesday, December 10, 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, DECEMBER 10, 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.

UNFINISHED BUSINESS

5.1

A 2024-075 - 96 Wood Street, DSD-2024-530

Requesting minor variances to permit a visibility obstruction (a fence) having a height of 1.83m within one side of the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT; a lot area of 393 sq.m. rather than the required 450 sq.m; a front yard setback of 3.8m rather than the required 4.5m; an exterior side yard setback abutting York Street of 2.5m rather than the required 4m; a building height of 12m rather than the maximum permitted 11m to facilitate the redevelopment of the property into an 8-unit multi-residential dwelling.

5.2

B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-527

Please note B 2024-037 will be considered sequentially to the subject application as they relate to each other.

Permission to sever a parcel of land at the corner of King Street East and Gateway Park Drive having a width of 180m on King Street and an area of 2.01 hectares. The retained land at the corner of King Street East, Tu-Lane Street and Gateway Park Drive having a width of 57.6m on King Street East and an area of 1.82 hectares. Permission is also being requested to grant an access easement on the newly proposed lot line, and further to access points on Tu-Lane Street and Gateway Park Drive having a width of 7.3m and an area of 1,266 sq.m. The severance will allow both parcels to be dealt with separately for the purpose of financing. No changes are proposed to the buildings or parking areas.

6.

NEW BUSINESS

6.1

A 2024-107 - 15-105 Mooregate Crescent, DSD-2024-536

Requesting minor variances to permit a 2.9m westerly interior side yard setback rather than the required 4.5m; a maximum Gross Floor Area (GFA) of 1,100 sq.m, for individual non-residential use whereas a maximum GFA of 600 sq.m.is permitted; to permit dwelling units located at ground floor level to have no patio area adjacent to the dwelling unit with direct access to such dwelling unit; to add a Health Clinic and Social Service Establishment as permitted uses; to permit balconies 1.1m from the street line rather than the required 3m; having 303 parking spaces rather than the required 378 parking spaces (1 space per unit); having non-residential uses subject to the Multi-Unit Parking Rate with a gross floor area (GFA) of 2657 sq.m.; 32 parking spaces rather than the required 78 parking spaces (1 space per 35 sq.m.); and, having parking spaces to be assigned uses in the following quantities: dwelling units having a minimum of 303 parking spaces, nonresidential uses having a minimum of 32 parking spaces and a minimum of 30 parking spaces for visitors rather than all parking spaces being shared between uses and unassigned to facilitate the redevelopment of the property with residential, social services and convenience retail uses.

6.2

A 2024-108 - 42 Wendy Crescent, DSD-2024-523

Requesting a minor variance to permit a maximum height to the underside of the fascia of 4.3m rather than the permitted 3m to facilitate the construction of an accessory structure in the rear yard of the subject property.

6.3

A 2024-109 - 25 Sandsprings Crescent, DSD-2024-515

Requesting a minor variance to permit a driveway to be located 0m from the front (easterly) lot line rather than the required 1.2m to recognize the location of an existing driveway.

6.4

A 2024-110 - 171 Otterbein Road, DSD-2024-521

Requesting minor variances to permit a corner lot width of 12.5m rather than the required 12.8m; and, a rear yard setback of 4m rather than the required 7.5m to facilitate the construction of a new detached dwelling on the vacant corner lot.

6.5

A 2024-111 - 124 Cedar Street South, DSD-2024-522

Requesting minor variances to permit a front yard setback of 2m rather than the required 4.5m to facilitate the construction of a 2-storey addition, a porch and ground supported a balcony in the front yard of the existing dwelling.

6.6

A 2024-112 - 578 Guelph Street, DSD-2024-533

Requesting minor variances to permit at-grade steps to be setback 0.12m from the easterly lot line rather than the required 0.5m; and, having a front yard setback of 5.15m rather than the required 6.61m, to facilitate the construction of a second floor balcony supported by the ground of a detached dwelling unit on the 2nd floor and the construction of an unobstructed walkway leading to an Additional Dwelling Unit (Detached) in the rear yard. 

6.7

A 2024-113 - 1838 Trussler Road, DSD-2024-519

Requesting minor variances to permit a driveway having a width of 11m rather than the maximum permitted 8m; and, to permit the existing use of a Single Detached Dwelling to have a front yard setback of 24.3m rather than the maximum permitted 10m (32.3m is the existing front yard setback), a northerly side yard setback of 16.5m rather than the maximum permitted 10m (25.8m is the existing northerly side yard setback), a southerly side yard setback of 14.6m rather than the maximum permitted 10m (20.7m is the existing southerly side yard setback) to facilitate the reconstruction of the existing single detached dwelling and wider driveway. 

6.8

B 2024-037 - 135 Gateway Park Drive, DSD-2024-527

Requesting consent to sever an irregular parcel of land having a width of 180m along King Street and an area of 4,327 sq.m., shown as Part 3 on the severance plan attached to the application. The retained land will have a width of 58m along King Street East and an area of 12,623 sq.m. Consent is also requested to create an easement having an approximate area of 494 sq.m. for access purposes over Part 4 shown on the severance plan attached to the application. The property is subject to Consent Applications B 2024-017 and B 2024-018 which were considered by the Committee on September 17, 2024, and were deferred to allow the applicant additional time to engage Staff and public agencies. A further severance has been submitted as outlined above. The consent will permit the lands to be dealt with independently for financing purposes.

6.9

B 2024-038 - 250 Shirley Avenue, DSD-2024-509

Requesting consent to permit a parcel discharge of a mortgage on an irregular parcel of land having an area of 0.15 hectares at the rear of the subject land municipally addressed as 250 Shirley Avenue. The subject land is proposed to be conveyed as a lot addition (approved in Consent Application B 2024-019) to the land municipally addressed as 260 Shirley Avenue.  

6.10

B 2024-039 & B 2024-040 - 120 Keewatin Avenue, DSD-2024-532

Requesting consent to sever a parcel of land (identified as Parcel A on the plan submitted with the application) having a width of 7.5m, a depth of 30.5m and an area of 225 sq.m. and is proposed to contain a new semi-detached dwelling. Consent is also requested to sever a parcel of land (identified as Parcel B on the plan submitted with the application) having a width of 7.5m, a depth of 31.5m and an area of 230 sq.m. and is proposed to contain a new semi-detached dwelling. The retained land will have a width of 14.8m, a depth of 31.5m and an area of 788 sq.m. and will contain an existing detached dwelling.

6.11

B 2024-041 to B 2024-047 & A 2024-114 to A 2024-119 - 217, 221, 225, 229, 233 Lancaster Street East & 98-102 Weber Street East, DSD-2024-531

Consent Application B 2024-041 - 98, 102, 221-233 Weber Street East 

Requesting consent to sever a triangular-shaped parcel of land having a width of 6.8m, a southerly depth of 10.9m, and an area of 36.8 sq.m. to be conveyed as a lot addition to the land municipally addressed as 217 Lancaster Street East. Permission is further requested to create 4 new lots fronting on to Lancaster Street East for residential use, there will be two retained parcels one at the corner of Irvin Street and Lancaster Street and the second having frontage on Weber Street East, the overall parcel is irregular in shape. 

Consent Application B 2024-042 – 221 Lancaster Street East 

Lot Width (Frontage on Lancaster Street East) – 11.2m 

Depth – 22m 

Area – 240.1 sq.m. 

Minor variances to Zoning By-Law 85-1 are also being requested (Minor Variance Application A 2024-116) for 221 Lancaster Street East to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; and, minor variances to Zoning By-Law 2019-051 and 85-1 to permit a front/exterior porch setback of 0m rather than the required 3m; and, to allow a front yard setback of 1.9m rather than the required 4.5m. 

Consent Application B 2024-043 – 225 Lancaster Street East 

Lot Width (Frontage on Lancaster Street East) – 17.8m 

Depth – 22.7 

Area – 397.2 sq.m. 

Minor variances to Zoning By-Law 85-1 are also being requested (Minor Variance Application A 2024-117) for 225 Lancaster Street East to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT. Minor variances to Zoning By-Law 2019-051 and 85-1 are being requested to allow for two driveway accesses whereas the By-law only permits one; to provide 0 bicycle spaces, rather than the required 2; having a front yard setback of 1.6m rather than the required 4.5m; and, to permit steps to be less than 0.6m in height to be located 0m from the lot line rather than the required 0.5m setback. Further, a minor variance to Zoning By-Law 2019-051 is being requested permit 217 Lancaster Street to provide no Class C Bicycle Parking rather than the required two spaces. 

Consent Application B 2024-044 – 229 Lancaster Street East 

Lot Width (Frontage on Lancaster Street East) - 12.8m 

Northerly Depth – 22.7m 

Area 292.8 sq.m. 

Minor variances to Zoning By-Law 85-1 are also being requested (Minor Variance Application A 2024-118) for 229 Lancaster Street East to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT Further, a minor variance to Zoning By-Law 2019-051 and 85-1 is being requested to permit a rear yard setback of 4.0m rather than the required 7.5m. 

Consent Application B 2024-045 – 233 Lancaster Street East  

Lot Width (Frontage on Lancaster Street East) - 14.3m 

Northerly Depth – 26.6m 

Area 375.2 sq.m. 

A minor variance to Zoning By-Law 85-1 is also being requested to permit 233 Lancaster Street (Minor Variance Application A 2024-119) to have obstructed Driveway Visibility Triangles whereas no obstruction to visibility is permitted. Minor variances to Zoning By-Law 2019-051 and 85-1 are also being requested to permit 233 Lancaster Street to have an exterior porch setback 0m from the front lot line rather than the required 3.0m; having a front yard setback of 1.8m rather than the required 4.5m; a side yard setback of 0m rather than the required 1.2 m; and, to provide 6.0% of front yard landscaping rather than the required 20%. Further, a minor variance to Zoning By-Law 2019-051 is being requested to permit 0 Class C bicycle parking spaces rather than the two required spaces.   

Consent Application B 2024-046 - 217 Lancaster Street East 

Requesting consent to sever a triangular-shaped parcel of land having a width of 6.7m, a northerly depth of 10.4m, and an area of 24.7 sq.m. to be conveyed as a lot addition to the land municipally addressed as 221 Lancaster Street East.  

Consent Application B 2024-047 - 217 Lancaster Street East 

Requesting consent to sever a triangular-shaped parcel of land having a width of 22.5m, a northerly depth of 27.6m, and an area of 316.9 sq.m. to be conveyed as a lot addition to the land municipally addressed as 98, 102 Weber Street East. 

A 2024-115 - 217 Lancaster Street East (Retained Parcel) 

Minor variances to Zoning By-Law 2019-051 and 85-1 are being requested for the retained parcel to permit a rear yard setback of 7.3m rather than the required 7.5m; to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; to provide no bicycle parking spaces rather than the required 2; to allow a front yard setback of 4.2m rather than the required 4.5m; to allow an exterior side yard of 1.9 rather than the required 4.5m; to allow a minimum lot width of 11.4m rather than the required 15m; to allow a front/exterior porch to be setback of 0.75m rather than the required 3m; and, to permit a balcony to be supported from the ground within the front yard with a setback of 0.75m rather than the required 3m. Further, minor variances to Zoning By-Law 2019-051 are being requested permit 217 Lancaster Street to have a corner lot width of 11.4m rather than the required 12.8m; to provide no Class C Bicycle Parking rather than the required two spaces; to permit a balcony to be setback 0.75m from front lot line rather than the required 3m; and, to allow the driveway width to be 45% of the lot width rather than the permitted 40%. 

Retained Parcel – 98-102 Weber Street East 

Lot Width (Frontage on Weber Street East) - 36.9m 

Depth – 46.7m 

Area – 2,233.7 sq.m. 

Minor variances to Zoning By-Law 2019-051 and 85-1 are being requested for the retained land for the property municipally addressed as 98-102 Weber Street East (Minor Variance Application A 2024-114) to permit 2 single detached dwellings on one parcel, whereas the By-law only permits 1, to permit an obstructed Driveway Visibility Triable (DVT) whereas the By-law does not permit obstructions into the DVT; to permit a front/exterior porch over 0.6m in height, having a 1.6m setback from the front lot line rather than the required 4.5m; to provide no bicycle parking spaces rather than the required 2; to permit a front yard setback of 2.8m rather than the required 4.5m; and, to permit a balcony to be supported by the ground and setback 1.6m whereas it is required that a balcony not be supported by the ground and have a minimum setback of 3m. Further, minor variances to Zoning By-Law 2019-051 are being requested to permit steps that exceed 0.6m in height to be setback 1.6m from the street line rather than the required 3.0m; and, to permit a front/exterior porch exceeding 1.0m in height to be setback 1.6m from the front lot line rather than the required 3.0m. 

7.

ADJOURNMENT

8.

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 Marilyn Mills 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 22nd day of November, 2024.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment