Committee of Adjustment
Agenda

Tuesday, February 21, 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, FEBRUARY 21, 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.

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.

3.

MINUTES

That the regulate minutes of the Committee of Adjustment meeting held January 17th, 2023, as circulated to the members, be accepted.

4.

APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT

5.

UNFINISHED BUSINESS

5.1

A 2022-069 – 92 River Road East, DSD-2022-293 (WITHDRAWN)

The application has been withdrawn and will not be considered by the Committee.

6.

NEW BUSINESS

6.1

A 2023-016 - 107 Chandler Drive, DSD-2023-066

Requesting a minor variance to the Zoning By-Law to permit 18 parking spaces rather than the required 23 parking spaces; and, to permit 2 visitor parking spaces rather than the required 3 visitor parking spaces, to facilitate the conversion of a basement storage area of an existing multi-residential dwelling into 5 additional dwelling units.

6.2

A 2023-017 - 854 Doon Village Road, DSD-2023-072

Requesting a minor variance to the Zoning By-Law to permit a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6; and, a rear yard setback of 6.4m rather than the required 7.5m, to facilitate the construction of a 3-storey multiple unit dwelling having 24 units (stacked townhouses).

6.3

A 2023-018 - 11 Centennial Road, DSD-2023-076

Requesting a minor variance to the Zoning By-Law to permit a rear yard setback of 2.8m rather than the minimum required 7.5m; and, to permit a northerly side yard setback of 0.6m rather than the minimum required 1.5m, to legalize four existing garages at the rear of the property.

6.4

A 2023-019 - 100-102 Waterloo Street, DSD-2023-073

Requesting a minor variance to Zoning By-Law 85-1 to permit a front yard setback of 1.0m rather than the required 6.28m; and, to permit the proposed dwelling to encroach into the Driveway Visibility Triangle, to facilitate the construction of two semi-detached dwellings. The existing semi-detached dwelling is proposed to be demolished. 

6.5

A 2023-020 - 66 Fallowfield Drive, DSD-2023-020

Requesting a minor variance to the Zoning By-Law to permit an exterior yard setback of 4.03m rather than the required 4.5m, to facilitate a window bump out addition on the exterior wall abutting Britton Place of the existing dwelling; and, to permit an exterior side yard setback of 3.5m rather than the required 4.0m, for the construction of a boxed window addition in side yard abutting Britton Place and shaded/screened-in gazebo on the existing deck. 

6.6

A 2023-021 - 6 Cumberland Place, DSD-2023-068

Requesting a minor variance to the Zoning By-Law to permit the construction of a rear yard deck with roof to be located 0.9m from the westerly side lot line rather than the required 1.2m.  

6.7

A 2023-022 - 91 Shanley Street, DSD-2023-070

Requesting a minor variance to Zoning By-Law 85-1 to permit the construction of Additional Dwelling Unit (ADU) (Detached) having a maximum building height for a flat roof of 3.62m rather than the maximum permitted 3.0m.

6.8

A 2023-023 - 202 Breithaupt Street, DSD-2023-067

Requesting permission for the enlargement or extension a legal non-conforming use, a multiple unit dwelling with 4 units, into a multiple dwelling with 5 units, to legalize the current use of the dwelling in the "Employment Zone" (EMP-1).

6.9

B 2023-005 - Fairway Road North-Woolner Trail (Part of Lot 14, Plan 591, being Parts 4 and 7 on Reference Plan 58R-21318), DSD-2023-077

Requesting consent to grant an easement for storm water management having an approximate width of 22m, depth of 143 and area of 3,146 sq.m. over all of Parts 4 and 7 on Reference Plan 58R-21318 submitted with the application in favour of the Waterloo Catholic District School Board.

6.10

B 2023-006 - 21 Nelson Avenue, DSD-2023-074

Requesting consent to sever a parcel of land having a width on Nelson Avenue of 15.0m, a depth of 38.1m and an area of 570 sq.m., to facilitate the construction of a new single detached dwelling. The retained lands will have a width of 23.7m, a depth of 38.1m and an area of 874.0 sq.m.; and, will contain an existing single detached dwelling, municipally addressed as 21 Nelson Avenue.

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 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, City Hall, 200 King St. W., Kitchener ON, N2G 4G7.

The Notice of Hearing for this meeting was published in the Record on the 3rd day of February, 2023.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment