Committee of Adjustment
Agenda

Tuesday, August 16, 2022 at 10:00 A.m. - 12:00 P.m.

Electronic Meeting

(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 electronically TUESDAY, AUGUST 16, 2022, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. 

The City of Kitchener has aligned with provincial changes to COVID-19 restrictions and City Hall is now open for in person services, but appointments are still being encouraged. The City remains committed to safety of our patrons and staff and continue to facilitate electronic meeting participation for members of the public. 

Applicants or Agents must register to participate electronically in support of the application. This is a public meeting, anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. 

If you wish to register, please email [e-mail] or via phone at 519-741-2203. Please note this electronic meeting is a public meeting and will be recorded.

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1.

COMMENCEMENT

2.

UNFINISHED BUSINESS

2.1

B 2022-035 – 5 South Drive , DSD-2022-400

Requesting consent to sever a parcel of land having a width of 9.6m, a depth of 38.2m and an area of 378.5sq.m. The retained parcel of land having a width of 9.6m, a depth of 40.8m and an area of 410.1sq.m. The parcel of land is to be severed so the existing single detached dwelling can be demolished and new duplexed dwellings constructed on each lot. 

2.2

B 2022-036 to 038 – 9 Pleasant Avenue , DSD-2022-387

Requesting consent to sever the parcel of land into 4 residential lots. The parcel of land is to be severed and the existing single detached dwelling demolished to construct 2 detached dwellings and 1 semi-detached dwelling on two lots.

B 2022-036 – (Severed Lot - Part 1) Width – 15.2m Depth – 44.3m Area – 463.1sq.m.	B 2022-037 – (Severed Lot - Part 2) Width – 8.5m Depth – 39.5m Area – 313.1sq.m.
B 2022-038 – (Severed Lot - Part 3) Width – 10.8m Depth – 33.5m Area – 365.2sq.m.	Retained Lot – (Part 4) Width – 10.4m Depth – 27.5m Area – 317.4sq.m.

3.

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

3.1

A 2022-098 - 407 Ottawa Street South, DSD-2022-377

Requesting permission to enlarge a legal non-confirming use to construct a detached garage in the rear yard of the dwelling, whereas accessory structures on single detached dwellings in a General Industrial Zone (M-2) are not permitted by the Zoning By-law.

3.2

A 2022-099 - 68 Breithaupt Street, DSD-2022-399

Requesting a minor variance to legalize a front yard setback of 0.8m rather than the required 6.0m; a westerly side yard setback of 0.8m rather than the required 1.2m; to permit a “Repair Service Use” (The Rim Dr.) whereas the By-law does not currently permit “Repair Service Use”.

3.3

A 2022-100 - 334 Waterbend Crescent, DSD-2022-376

Requesting a minor variance to a deck exceeding 0.6m in height (proposed 2.7m) in the rear yard of a single detached dwelling having a rear yard setback of 2.1m rather than the required 4m; and, to permit the rear yard deck to have a setback of 2m rather than the required 4m to facilitate the construction of a landing and stairs

3.4

A 2022-101 - 120 Rosemount Drive, DSD-2022-404

Requesting a minor variance to legalize a 3-unit multi-residential dwelling having a southerly side yard setback of 1.85m rather than the required 2.5m; the 3 required off-street spaces located between the front façade and the street line on Sherwood Avenue, whereas the By-law does not permit parking in front of the building façade; and, that the required off-street parking spaces are located 1.89m from the street line rather than the required 3m.

3.5

A 2022-102 - 27 Fourth Avenue

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

3.6

A 2022-103 - 438 Highland Road East, DSD-2022-384

Requesting a minor variance to the Zoning By-law to construct an additional dwelling unit (ADU) on a lot having a width of 12.19m rather than the required 13.1m; and, for the proposed ADU building floor area to be 63% of the total building floor area of the existing single detached dwelling, whereas the By-law does not permit ADU’s to exceed 50% of the total building floor area of the principal dwelling.

3.7

B 2022-042 - 59 Bruce Street, DSD-2022-395

Requesting permission to sever a parcel of land so each half of a semi-detached duplex dwelling can be dealt with separately. The severed land will have a width of 7.623m, a depth of 38.101m and an area of 290.33 sq.m. The retained will have a width of 7.617m, a depth of 38.101m and an area of 290.41 sq.m.

3.8

B 2022-043 - 41-43 Harvest Court, DSD-2022-386

Requesting permission to sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed land will have a width of 9.17m, a depth of 46.84m and an area of 428 sq.m. The retained land will have a width of 9.17m, a depth of 46.84m and an area of 434 sq.m.

3.9

B 2022-044 - 273 Hartwood Avenue, DSD-2022-397

Requesting permission to sever a parcel of land so each half of a semi-detached duplex dwelling can be dealt with separately. The severed land will have a width of 7.627m, a depth of 36.577m and an area of 278.97 m. The retained land will have a width 7.627m, a depth of 36.577m and an area of 278.97m.

3.10

B 2022-045 - 160 Bullock Street & 10 Pearson Street, DSD-2022-403

Requesting to grant an easement having an irregular shape, having a width on Pearson Street of 12.4m, a width on Homer Watson Boulevard and a width on Bullock Street of 251.2m to between the buildings for municipal services and vehicle access. The properties are currently subject to a blanket easement proposed to be discharged.

4.

ADJOURNMENT

5.

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.
• a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a 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 [e-mail].
• 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; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party.

The Notice of Hearing for this meeting was published in the Record on the 29th day of July, 2022.

Marilyn Mills
Acting Secretary-Treasurer
Committee of Adjustment