Committee of Adjustment
Agenda

Tuesday, August 15, 2023 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, AUGUST 15, 2023, 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 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 2023-084 - 151 Frederick Street, DSD-2023-292

Requesting a minor variance to Zoning By-law 85-1 to permit a restaurant patio to be located in the side yard abutting Irvine Street having a 22.0m setback from a 'Residentially Zoned' property rather than the minimum required 30.0m.

6.

NEW BUSINESS

6.1

A 2023-088 - 52 Earl Street, DSD-2023-341

Requesting a minor variance to the Zoning By-law to permit a rear yard setback of 4.5m rather than the required 7.5m to facilitate the construction of an addition in the rear of the existing single detached dwelling.

6.2

A 2023-089 - 204 Fifth Avenue, DSD-2023-325

Requesting a minor variance to the Zoning By-law to permit a lot width of 10.6m rather than the required 13.1m to facilitate the conversion of the existing duplex dwelling into a single detached dwelling with two (2) attached Additional Dwelling Units (ADUs).

6.3

A 2023-090 - 2-56 Benninger Drive, DSD-2023-348

Requesting a minor variance to the Zoning By-law to permit a maximum parking requirement, including Visitor Parking, of 1.6 parking spaces per dwelling unit (45 parking spaces) rather than the maximum permitted 1.4 parking spaces per dwelling unit (40 parking spaces); and, to permit a rear yard setback of 1.2m rather than the required 7m, to facilitate the construction of a multi-residential development having 28 dwelling units in accordance with Site Plan Application SP22/138/B/CD.

6.4

A 2023-091 - 181 Weber Street East, DSD-2023-345

Requesting a minor variance to the Zoning By-law to permit a front yard setback of 2.6m rather than the required 3.8m; and, a rear yard setback of 6.8m rather than the required 7.5m, to facilitate a new front porch and second storey addition on the front of the existing single detached dwelling and a new one storey addition onto the rear of the dwelling.

6.5

A 2023-092 - 68 Rushbrook Drive, DSD-2023-338

Requesting a minor variance to the Zoning By-law to permit two (2) parking spaces to be located within 6m from the property line rather than the maximum permitted one (1) parking space, to allow for 2 of the required 3 off-street parking spaces to be located side by side in a driveway, to facilitate the conversation of a single detached dwelling into a triplex.

6.6

A 2023-093 - 460 Highland Road West, DSD-2023-350

Requesting a minor variance to the Zoning By-law to permit a westerly side yard setback of 0.94m rather than the required 3m to facilitate the construction of an addition in the front yard of an existing commercial building (carwash) in accordance with Site Plan Application SP22/133/H/TZ.

6.7

A 2023-094 - 39 Third Avenue, DSD-2023-327

Requesting a minor variance to the Zoning By-law to permit a northerly side yard setback of 1.6m rather than the required 3m; to permit an increase in the maximum Floor Space Ratio (FSR) from 0.6 to an FSR of 0.63; and, to allow for a parking lot to be located 0.5m to the rear lot line rather than 1.5m setback to facilitate the conversion of a single detached dwelling with two Additional Dwelling units, into a multi-residential dwelling with 4 dwelling units.

6.8

A 2023-095 - 64 Garden Avenue, DSD-2023-339

Requesting a minor variance to the Zoning By-law to permit a rear yard setback of 4.9m rather than the required 7.5m to facilitate the removal and reconstruction of an existing addition to the rear of the existing single detached dwelling.

6.9

A 2023-096 - 1020 Ottawa Street North, DSD-2023-344

Requesting a minor variance to the Zoning By-law to permit a drive-through facility to be located 5.75m from a Residential Zone rather than the required setback of 7.5m to facilitate the reconfiguration and redevelopment of a portion of the commercial site in accordance with Site Plan Application SP23/039/O/TS.

6.10

A 2023-097 - 68 Betzner Avenue North, DSD-2023-343

Requesting a minor variance to the Zoning By-law to permit a lot area of 310.8 sq.m. rather than the required 395 sq.m.; having a lot width of 11.6m rather than the required 13.1m; to permit a second driveway, whereas the By-law does not permit a second driveway; and, for the driveway located adjacent to the southerly lot line to have parking space length of 4.3m rather than the required 5.5 m, to facilitate the conversion of the existing duplex into a triplex.

6.11

A 2023-098 - 134-152 Shanley Street, DSD-2023-349

Requesting a minor variance to the Zoning By-law to permit a parking rate of 0.64 parking spaces per dwelling unit (110 parking spaces) rather than the 0.7 parking spaces per dwelling unit (120 parking spaces); and, to permit an exterior side yard setback abutting Shanley Street of 5m rather than the required 5.8m, to facilitate the construction of an 8-storey residential dwelling having a total of 171-units in accordance with  Site Plan Application SP21/105/S/CD.

6.12

A 2023-099 - 195 Victoria Street North, DSD-2023-335

Requesting a minor variance to the Zoning By-law to permit a lot area of 241.8 sq.m. rather than the required 395 sq.m.; and, a lot width of 12.9m rather than the required 13.1m to legalize an existing single detached dwelling with two Additional Dwelling Units (ADU’s)(Attached).

6.13

A 2023-100 - 332 Prospect Avenue, DSD-2023-342, DSD-2023-342

Requesting a minor variance to the Zoning By-law to permit a rear yard setback of 4.6m rather than the required 7.5m to facilitate the construction of a new single detached dwelling.

6.14

A 2023-101 - 471 Duke Street West, DSD-2023-340

Requesting a minor variance to the Zoning By-law to permit an accessory structure to have a height of the underside of the fascia of 4.3m rather than the maximum permitted 3m to facilitate the construction of a detached shed capable of storing camping equipment in the rear yard of an existing single detached dwelling.

6.15

B 2023-027 - 116 Hoffman Street, DSD-2023-346

Requesting permission to sever a parcel of land municipally addressed as 116 Hoffman Street having a width of 15.24m, a depth of 39.59m and an area of 572.3 sq.m. The retained land municipally addressed as 100 Hoffman Street will have a width 44m, a depth of 87.04m and an area of 4346.6 sq.m. The severance will allow the single detached dwelling and church properties to be dealt with separately.

6.16

B 2023-028 - 47 & 51 Pequegnat Avenue, DSD-2023-352

Requesting permission to sever two existing detached dwellings that have inadvertently merged on title so each dwelling can be dealt with separately. The severed land municipally addressed as 51 Pequegnat Avenue will have a width of 13.4m, a depth of 24.9m and an area of 301.9 sq.m. The retained land municipally addressed as 47 Pequegnat Avenue will have a width of 17.1m, a depth of 30.9m and an area of 567.2 sq.m.

6.17

B 2023-029 - 15 Ellen Street West, DSD-2023-355

Permission to sever a parcel of land having a width of 9.2m, a depth of 40.49m and an area of 360 sq.m. to be conveyed as a lot addition to 11 Ellen Street West. The retained parcel will have a width of 18.23m, a depth of 43.6m and an area of 770 sq.m. Both parcels will continue to be residential, the existing 3 car garage at the rear of 15 Ellen Street will be converted to a single car garage to facilitate the severance.

6.18

B 2023-030 - 83 Victoria Street North, DSD-2023-347

Permission to sever a parcel of land having a width of 10.2m, a depth of 17m and an area of 173.6 sq.m., to facilitate the redevelopment of St Johns Community Kitchen into a multi-residential development containing 44 affordable (transitional) housing units with a one floor addition and new St Johns Community Kitchener and support services facility. The retained land in the rear of the subject property will have a width of 10.2m, a depth of 28m and an area of 286.4 sq.m.

6.19

B 2023-031 - 87 Victoria Street North, DSD-2023-347

Permission to sever a parcel of land having a width of 27m, a depth of 20m and an area of 542.4 sq.m., to facilitate the redevelopment of St Johns Community Kitchen into a multi-residential development containing 44 affordable (transitional) housing units with a one floor addition and new St Johns Community Kitchener and support services facility. The retained land at the rear of the subject property will have a width of 30.2m, a depth of 28m and an area of 908.1 sq.m.

6.20

B 2023-034 - 685 Fischer Hallman Road, DSD-2023-351

Permission for a lease in excess of 21 years for a restaurant and drive-thru as per the plan submitted with the application, the dwelling including drive-thru having an approximate area of 793 sq.m.

6.21

B 2023-032, B 2023-033, A 2023-102 and A 2023-103 - 485 and 495 Huron Road, DSD-2023-353

Permission to sever a parcel of land identified as “Lands to be Severed 1” on the plan submitted with the application, having a width on Huron Road of 79.6m, a depth of 149.72m and an area of 1.49 hectares, further permission is being requested to grant an easement on “Lands to be Severed 1” having a width of 7.3m, a depth of 149.7m and an area of 0.1 hectares in favour of “Lands to be Severed 2” and the retained land for access. Permission is also being requested for minor variances for “Lands to be Severed 1” to permit the maximum number of storeys in the base of a mid-rise building or tall building of ten-storeys rather than the permitted maximum of six-storeys; to permit a minimum street line step-back for mid-rise buildings and tall buildings of 0m rather than the required 3m; to permit a minimum ground floor street line façade width as a percent of the width of the abutting street line of 20% rather than the required 50%; and, a minimum percent of street line façade openings of 0% rather than the required 50%, to facilitate the construction of a 10-storey multi-residential dwelling containing 48-units in accordance with Site Plan Application SP22/128/H/TS. Further permission is being requested to sever a parcel of land identified as “Lands to be Severed 2” on the plan submitted with the application, having a width on Huron Road of 56.2m, a depth of 149.72m and an area of 0.84 hectares. “Lands to be Severed 2” also requires a minor variance to the Zoning By-law to permit a northerly side yard setback of 1.5m rather than the required 3m. Lands to be Severed 1 is intended for residential development, whereas Lands to be Severed 2 is intended for a Commercial design centre.

7.

ADJOURNMENT

8.

PLANNING ACT INFORMATION

• Additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2203).
• 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 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, 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 July, 2023.

Mariah Blake
Acting Secretary-Treasurer
Committee of Adjustment