Committee of Adjustment
Agenda

Tuesday, October 18, 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, OCTOBER 18, 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.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held September 20, 2022, as circulated to the members, be accepted.

3.

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

3.1

A 2022-116 - 67 Eton Drive, DSD-2022-446

Requesting a minor variance to the Zoning By-Law to construct a single detached dwelling with a covered rear deck having a rear yard setback of 6.9m rather than the required 7.5m.

3.2

A 2022-117 - 359 Guelph Street, DSD-2022-451

Requesting a minor variance to the Zoning By-Law to convert a single detached dwelling into a duplex, requiring minor variances from Zoning By-Law 85-1 to  permit the required parking space to be located 0m from the street (property) line rather than the minimum required 6m; a driveway to have a maximum width of 9.1m rather than the maximum permitted 8m or 50% of the lot width; and, minor variance from Zoning By-Law 2019-051 to permit the required parking space to be located 0m from the street (property) line rather than the minimum required 6m; a driveway having a maximum width of 9.1m rather than the maximum permitted 6.2m or 40% of the lot width and the maximum permitted 8m.

3.3

A 2022-118 - 11 Oneida Place, DSD-2022-454

Requesting a minor variance to the Zoning By-Law to legalize a covered rear deck in the rear yard of an existing single detached dwelling having a rear yard setback of 7.0m rather than required 7.5m.

3.4

A 2022-119 - 16 Upper Canada Drive, DSD-2022-465

Requesting a minor variance to the Zoning By-Law from Zoning By-Law 85-1 and Zoning By-Law 2019-051 to convert an existing single detached dwelling into a duplex by converting the garage to living space having the required parking space to be located 2.7m from the street (property) line rather than the minimum required 6m.

3.5

A 2022-120 - 77 Lancaster Street West, DSD-2022-459

Requesting a minor variance to the Zoning By-Law from Zoning By-Law 85-1 to legalize an existing multi-residential dwelling containing 7-units to have a parking rate of 1.15 spaces per dwelling unit (8 parking spaces) rather than the minimum required 1.25 spaces per dwelling unit (9 parking spaces); 1 visitor parking space rather than the minimum required 2 visitor parking spaces; the required parking to be located between the facade and the front lot line, 1.5 m from the street line rather than the minimum required 3m; and, a minor variance from Zoning By-Law 2019-051 to permit the required parking spaces to be located in the front yard within 3m of the front lot line, to bring an existing 7 multiple dwelling unit into compliance with the Zoning By-Laws.

3.6

A 2022-121 - 24 Chestnut Street, DSD-2022-464

Requesting a minor variance to the Zoning By-Law to permit an interior side yard setback of 0.7m rather than the minimum required 1.2m to facilitate the construction of an addition in the rear yard of an existing single detached dwelling.

3.7

A 2022-122 - 3 Evenstone Avenue, DSD-2022-445, DSD-2022-445

Requesting a minor variance to the Zoning By-Law from Zoning By-Law 85-1 to permit construction of an addition to convert an existing single detached dwelling into a duplex having a side yard setback abutting a street, for a building accommodating off-street parking to be 4.5m rather than the minimum required 6m; a parking space to be located in the front yard, 9m from the side yard abutting the street lot line (that shall not be located 12m from the front lot line); and, a minor variance from Zoning By-Law 2019-051 to permit an exterior side yard setback of 4.5m rather than the minimum required 6m; an attached garage to extend 3m beyond the front facade of the habitable portion of the dwelling rather than the maximum permitted 1.8m; the attached garage to be constructed without a front porch whereas the Zoning By-Law requires private garages projecting beyond the habitable portion of the front façade of a dwelling unit to have a front porch; a parking space to be located in the front yard, 7m from the exterior side lot line (that shall not be located in the exterior side yard, 7m from the front lot line), to facilitate the construction of an additional dwelling unit having an addition with an attached garage, onto an existing single detached dwelling unit.

3.8

A 2022-123 - 109 Park Street, DSD-2022-453

Requesting a minor variance to the Zoning By-Law to permit a minimum lot width of 12.1m rather than the minimum required 15m, to legalize an existing triplex dwelling.

3.9

A 2022-124 - 34 Dooley Drive, DSD-2022-455

Requesting a minor variance to the Zoning By-Law from Zoning By-Law 85-1 and Zoning By-Law 2019-051 to permit the required parking space to be located 1m from the street (property) line rather than the minimum required 6m, to facilitate the conversion of an existing single detached dwelling into a duplex dwelling.

3.10

A 2022-125 - 120 Walker Street, DSD-2022-457

Requesting a minor variance to the Zoning By-Law from Zoning By-Law 85-1 to permit two pedestrian entrances on the street facade of each of the proposed semi-detached dwelling units whereas the Zoning By-Law permits only one pedestrian entrance on the front facade; and, a minor variance from Zoning By-Law 2019-051 to permit a rear yard setback of 3m rather than the required 7.5m for each the proposed semi-detached dwelling units, to facilitate the construction of a semi-detached duplex dwelling. 

3.11

A 2022-126 - 44 Rusholme Road, DSD-2022-460

Requesting a minor variance to the Zoning By-Law to permit an interior side yard setback of 1.5m rather than the minimum required 3m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling.

3.12

B 2022-056, A 2022-127 & A 2022-128 - 192 Woolwich Street, DSD-2022-452

Requesting permission to sever a parcel of land having a width of 33.47m, a depth of 115.05m and an area of 4,586 sq.m. The retained land will have a width of 25.79m, a depth of 93.35m and an area of 3,595 sq.m. The severed parcel will require a minor variance to the Zoning By-Law to permit a lot width of 33.47m rather than the required 60m; and, a minimum side yard setback of 2m rather than the required 7.5m. The severed land will require a minor variance to the Zoning By-Law to permit a minimum lot area of 3,595 sq.m. rather than the required 0.4 hectares; a minimum lot width of 25.97m rather than the required 60m; and, a side yard setback of 2m rather than the required 7.5m. Both parcels are intended for residential use.

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 Ontario Land 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 1st day of October, 2022.

Marilyn Mills
Acting Secretary-Treasurer
Committee of Adjustment