Committee of Adjustment
Agenda

Tuesday, September 17, 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, SEPTEMBER 17, 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 2024-065 - 570 Frederick Street, DSD-2024-416

Requesting minor variances to permit an easterly side yard setback for a parking lot of 0.44m rather than the required 1.5m; to permit parking spaces to be located 4.2m from the street line along Bruce Street, rather than the required 4.5m; to permit the minimum required parking spaces for a Multiple Residential Dwelling to be 0 rather than the required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a Health Clinic in a Mixed Zone to have 8 parking spaces (1 parking space per 24.5 sq.m. Gross Floor Area (GFA)) rather than the required 11 parking spaces (1 parking space per 19 sq.m. GFA); to permit a right (interior) side yard setback of 1.2m rather than the required 4m; and, to permit the minimum ground floor building height, for any building with a street line façade, of 3.66m rather than the required 4.5m, to facilitate the development of a 3-storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP24/033/F/BB.

5.2

B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-420

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 2024-068 - 22 Woodfern Court, DSD-2024-414

Requesting minor variances to permit 20 parking spaces rather than the required 34 parking spaces and 3 visitor parking spaces rather than the required 6 visitor parking spaces to facilitate the conversion of the existing 17-unit multi-residential building into a 34-unit multi-unit residential dwelling in accordance with Site Plan Application SP24/052/W/ES.

6.2

A 2024-069 - 68 West Acres Crescent, DSD-2024-393

Requesting a minor variance to permit a front yard setback of 9m rather than the required 11.8m to facilitate the construction of a single detached dwelling on the subject property.

6.3

A 2024-070 - 47 Hugo Crescent, DSD-2024-390

Requesting a minor variance to permit 13 parking spaces (1.08 parking spaces per dwelling unit) rather than the required 14 parking spaces (1.15 parking spaces per dwelling unit) to facilitate the development of an additional dwelling unit within the existing 11-unit multiple dwelling for a total of 12 dwelling units in accordance with Site Plan Application SP24/046/H/TS.

6.4

A 2024-071 - 509 Wilson Avenue, DSD-2024-398

Requesting a minor variance to permit a 'Personal Services' use in Unit 6 of the existing building whereas the property is zoned 'Campus Commercial Zone (C-8)' in Zoning By-law 85-1 which permits a 'Personal Services' however, Special use Provision 112U does not. The subject property is designated 'Commercial' in a 'Major Transit Station Area' in the 2014 Official Plan which permits the 'Personal Services' use.

6.5

A 2024-072 - 565 Topper Woods Crescent, DSD-2024-388

Requesting a minor variance to permit a ‘Catering Service Establishment’ in a single detached dwelling with an Additional Dwelling Unit (Attached) whereas this Home Occupation is only permitted in a Single Detached Dwelling.

6.6

A 2024-073 - 109 Edgehill Drive, DSD-2024-389

Requesting a minor variance to permit an accessory structure to have a building height of 6.73m rather than the permitted 5.5m to facilitate the construction of a pool house in the rear yard of an existing single detached dwelling.

6.7

A 2024-074 - 177 Esson Street, DSD-2024-386

Requesting minor variances to permit an unenclosed front porch to be located 2m from the front lot line rather than the required 3m; the porch steps to be located 1m from the front lot line rather than the required 3m; and, to permit part of the porch having a height of 0.98m to be located within the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT in order to replace an existing front porch.

6.8

A 2024-075 - 96 Wood Street, DSD-2024-422

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.

6.9

A 2024-076 - 332 Charles Street East, DSD-2024-399

Requesting minor variances to Zoning By-law 85-1 to permit a ground floor building height along Charles Street of 4.2m rather than the required 4.5m; a minimum westerly side yard setback abutting a street (Betzner Avenue South) of 6.9m for 6 storeys or greater rather than the permitted 6.9m for 5 storeys or greater; a maximum westerly side yard setback abutting a street (Betzner Avenue South) of 7.1m for 6 storeys or greater rather than the permitted 7.1m for 5 storeys or greater; a minimum easterly side yard setback of 6.8m for 6 to 14 storeys rather than the permitted 4.9m for 5 to 14 storeys; a maximum easterly side yard setback of 7m for 6 to 14 storeys rather than the permitted 5.1m for 5 to 14 storeys; a minimum easterly side yard setback of 6.8m for 15 storeys or greater rather than the permitted 6.9m for 15 storeys or greater; a rear yard setback of 9.7m for 6 storeys or greater rather than the permitted 9.1m for 5 storeys or greater; a front yard setback of 3.2m for 15 storeys or greater rather than the permitted 1.9m for 15 storeys or greater; an easterly side yard setback of 0.7m for the 5th to 6th storey stairwell rather than the required 4.9m; and, a rear yard setback of 3.1m for the 5th to 6th storey stairwell rather than the required to 8.9m to facilitate the construction of a 27-storey building having 285 dwelling units in accordance with Conditionally Approved Site Plan Application SP24/017/C/CD.

6.10

B 2024-023 - Ridgemount Street (Block 101, Registered Plan 58M-616), DSD-2024-403

Permission to sever a parcel of land having a width of 13.3m on Ridgemount Street, a depth of 46.1m and an area of 533 sq.m. to convey as a lot addition to the adjacent property municipally addressed as 448 New Dundee Road. The retained lands will have a width of 11.6m on Ridgemount Street, a depth of 38.9m and an area of 511 sq.m. Both parcels of land are proposed for residential use.

6.11

B 2024-024 & A 2024-077 - 525 Highland Road West, DSD-2024-401

Permission to sever an irregular-shaped parcel of land having a width of 5.7m, a depth of 58.2m and an area of 276 sq.m. to convey as a lot addition to the adjacent property municipally addressed as 563 Highland Road West. The retained lands will have a width of 96m, a depth of 112.78m and an area of 10,615 sq.m. A minor variance is also requested to permit an easterly side yard setback of 2.5m rather than the required 3m to facilitate the newly proposed lot line arising from the severance.

6.12

B 2024-025, A 2024-078 & A 2024-079 - 15 Dellroy Avenue & 1055 Weber Street East, DSD-2024-410

Requesting consent to sever a parcel of land having a width of 19.2m on Dellroy Avenue, a depth of 73.1m and an area of 41,35.2 sq.m and will contain a proposed 18-storey multi-residential building having 238 dwelling units. The retained land will have a width of 47.3m on Dellroy Avenue, a depth of 44.3m and an area of 1,364.6 sq.m. and will contain an existing 6-storey building having 46 dwelling units on the property municipally addressed as 15 Dellroy Avenue. Minor variances are also being requested for the retained land to have a northerly side yard setback of 1m rather than the required 4.5m and a rear yard setback of 1.0m rather than the required 7.5m. Minor variances are also being requested for the severed land to have a lot width of 19.2m rather than the required 30m; a rear yard setback of 6m rather than the required 7.5m, and, a Floor Space Ratio (FSR) of 4.2 rather than the maximum permitted FSR of 4.0.

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 30th day of August, 2024.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment