Committee of Adjustment
Agenda

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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, MARCH 18, 2025, 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.


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.

Requesting minor variances to permit the required parking to be located in the front yard whereas the by-law does not permit parking in the front yard; to permit a parking requirement of 20 parking spaces (0.6 parking spaces per dwelling unit) rather than the required 30 parking spaces (1 parking space per dwelling unit) and 3 visitor parking spaces (0.1 visitor parking spaces per dwelling unit) rather than the required 5 visitor spaces (0.15 visitor parking spaces per dwelling unit); to permit a northerly side yard setback of 0m and a southerly side yard setback of 1.8m rather than the minimum required 3m; to permit a rear yard setback of 0.1m rather than the minimum required 7.5m; to permit a Floor Space Ratio of 0.72 rather than the maximum permitted 0.6; to permit a loading space to be 5m from an abutting residential zone rather than the required 7.5m; and, to not require ground floor level units to have a patio area adjacent to the dwelling unit with direct access to such dwelling unit to facilitate an addition and the redevelopment of the existing building with 30 dwelling units in accordance with Site Plan Application SP24/047/F/AA.

Requesting a minor variance to permit a building to have a southerly setback of 5.1m from the property line and a westerly setback of 2.3m from the property line rather than the minimum required 7.5m to recognize the location of an existing building proposed to be used for snow/salt and yard maintenance equipment storage in accordance with Conditionally Approved Site Plan Application SP24/039/G/AA.

Requesting a minor variance to permit a deck greater than 0.6m in height to be setback 2.5m from the rear lot line rather than the minimum required 4m; and, to permit the deck to be located 0.5m from the property line rather than the required 2.5m to facilitate the reconstruction of an existing deck on a townhouse dwelling unit.

Requesting a minor variance to Zoning By-law 85-1 to permit a parking space to be located in the Corner Visibility Triangle (CVT) whereas the Zoning By-law does not permit parking spaces in the CVT; and, to permit a driveway to be located 7.4m from the intersection of street lines rather than the minimum required 9.0m to facilitate the development of a 1.1m unobstructed walkway to a dwelling unit in the existing building.

Requesting a minor variance to Zoning By-law 85-1 to permit a Floor Space Ratio (FSR) of 2.8 rather than 2.4; to permit a rear yard setback of 18m rather than the required 19m; and, to permit a maximum building height, excluding rooftop mechanical equipment to be 28m rather than the required 21m to facilitate the development of an 8-storey multiple dwelling having 95 dwelling units in accordance with Site Plan Application SP23/034/C/BB.

Requesting minor variances to permit a minimum street line setback for mid-rise and tall buildings to be 1.8m rather than the minimum required 3m; to permit a minimum amount of non-residential gross floor area on the ground floor to be 290sq.m. rather than the required 376sq.m.; to permit a minimum ground floor street line façade width to be 35% percent of the lot width abutting Franklin Street South Street rather than the required 50%; and, to permit a minimum percent street line façade opening of 25% along Weber Street rather than the required 50% to facilitate the development of an 11-storey mixed-use building having 233 dwelling units in accordance with Site Plan Application SP/24/095/W/EW.

Requesting minor variances to Zoning By-law 85-1 to permit an accessory structure to be located in the Driveway Visibility Triangle (DVT) whereas the Zoning By-law does not permit any obstructions in the DVT. Minor variances to Zoning By-law 85-1 and 2019-051 are also being requested to permit an accessory structure to have a lot coverage of 17.4% rather than the maximum permitted 15% to facilitate the construction of a new accessory building in the rear yard of the subject property.

Requesting minor variances to Zoning By-law 85-1 to permit a visitor parking rate of 10% (1 Visitor parking space) rather than the required visitor parking rate of 20% (2 Visitor parking spaces); and, to permit a side yard setback of 1.5m rather than the minimum required 2.5m; and, a Floor Space Ratio (FSR) of 1.58 rather than the maximum permitted 0.6 to facilitate the development of a multiple residential building having 10 dwelling units.

Requesting minor variances to permit a Bicycle Parking Stall to have a width of 0.45m rather than the minimum required 0.6m; and, to permit a bicycle parking overhead clearance of 1.2m rather than minimum required 2.1m to facilitate the development of a bike storage area within an 8-storey residential building in accordance with Site Plan Application SP21/038/P/CD.

Requesting a minor variance to permit a parking requirement of 27 parking spaces rather than the minimum required 35 parking spaces to recognize the parking configuration for the existing commercial retail plaza on the subject property in accordance with Site Plan Application SPB24/097/K/AS.

Requesting minor variances to Zoning By-law 85-1 to permit 52 parking spaces rather than the required 53 parking spaces; to permit 6 Visitor parking spaces rather than the required 8 parking spaces; to permit parking spaces to be located between the façade and front lot line; and, to permit a Floor Space Ratio (FSR) of 0.55 rather than the minimum required 0.6. Minor variances to Zoning By-law 2029-051 are also being requested to permit parking in the front and exterior side yard whereas the Zoning By-law does not permit parking in these yards; to permit 32 Class A Bicycle parking spaces rather than the minimum required 36; to permit 61 parking spaces rather than the minimum required 72; to permit 6 Visitor parking spaces rather than the required 11; to permit 0 Electric Vehicle ready parking spaces rather than the required 17; to permit a multiple dwelling to have a FSR of 1.0 rather than the maximum permitted 0.75; and, to permit a maximum Building Height of 12m rather than the maximum permitted 11.5m to facilitate the development of a multiple residential development having 102 dwelling units in accordance with Site Plan Application SP/24/094/F/EW.

Requesting a minor variance to permit an Additional Dwelling Unit (Detached) to have a building footprint of 94 sq.m. rather than the maximum permitted 80 sq.m. to facilitate the addition of an Additional Dwelling Unit (Detached) to an existing Additional Dwelling Unit (Detached) in the rear yard for a total of 4 dwelling units on the subject property.

Requesting minor variances to permit an accessory structure to have a building height to the underside of the fascia of 4m rather than the maximum permitted 3m having a lot coverage of 18% rather than the maximum permitted 15%; and, to permit a required unobstructed walkway of 1.1m to share a driveway whereas the by-law does not permit this, to facilitate the construction of a new accessory building and Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property.

Requesting minor variances to permit 2 parking spaces for a Semi-Detached Dwelling with 2 Additional Dwelling Units (ADU) (Attached) rather than the required 3 parking spaces; to permit a front yard setback of 4.6m rather than the required 7.8m based on the established front yard setbacks of adjacent dwellings; and, to permit a rear yard setback of 3m rather than 7.5m to facilitate the construction of a new Semi-Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached).

Requesting minor variances to Zoning By-law 85-1 to permit a parking requirement of 117 parking spaces rather than the minimum required 140 parking spaces; and 8 visitor parking spaces rather than the required 28 spaces to facilitate the development of an additional 4 dwelling units to an existing multiple dwelling having 108 units in accordance with Site Plan Application SP24/032/F/SRM.

Requesting consent to sever a parcel of land having a width of 18m, a depth of 49m and an area of 859 sq.m. and is proposed for a new detached dwelling. The retained land will have a width of 22m on Carson Drive, a depth of 46m and an area of 1,088sq.m. and will contain an existing detached dwelling.

Requesting consent to sever a parcel of land having a width of 1.6m, a depth of 35.6m and an area of 61.8 sq.m. from 13 Chicopee Park Court (Part 3, 58R-20258) to convey as a lot addition to 11B Chicopee Park Court (Part 2, 58R-20258). The retained land, 13 Chicopee Park Court will have a width of 8.0m, a depth of 35.5m and an area of 281sq.m. and is proposed to be developed with a Single Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached).Consent is also requested to sever a parcel of land having a width of 0.8m on Chicopee Park Court, a depth of 35.8m and an area of 31 sq.m. from 11B Chicopee Park Court (Part 2, 58R-20258) to convey as a lot addition to 11A Chicopee Park Court (Part 1, 58R-20258) to facilitate the development of Semi-Detached Dwelling with 3 Additional Dwelling Units (ADU)(Attached). The retained land, 11B Chicopee Park Court, will have a lot width of 10.5m, a lot depth of 35.6m and an area of 313sq.m. and is also proposed to be developed with a Semi-Detached Dwelling with 3 Additional Dwelling Units (ADU)(Attached). Minor variances are also being requested to permit the retained land, 13 Chicopee Park Court to have a lot width of 8m rather than the required 10.5m; to permit 2 parking spaces rather than the required 3 parking spaces; and, to permit a rear yard setback of 7.2m rather than the required 7.5m to facilitate the construction of a Single Detached Dwelling with 2 Additional Dwelling Units (ADU) (Attached) (Triplex).

  • 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 [email protected].
  • 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 [email protected].
  • 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 February, 2025.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment

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