Committee of Adjustment
Agenda

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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, APRIL 18, 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.


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.

Requesting a minor variance to the Zoning By-law to permit a required parking space to be located 0.5m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing semi-detached dwelling into a semi-detached duplex dwelling.

Requesting a minor variance to the Zoning By-law to permit a side yard setback of 2.0m rather than the required 3.0m, to facilitate the conversion of an existing single detached dwelling into a multiple dwelling having 4 dwelling units.

Requesting a minor variance to the Zoning By-law to permit the construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear yard of an existing duplex on a lot having an area of 381sq.m rather than the required 395sq.m, a lot width of 12.5m rather than the required 13.1m; having 2 parking spaces rather than the required 3 parking spaces for a duplex and ADU (Detached); having the required parking space located 0m from the street line rather than the required 6.0m; and, having a driveway width of 41.6% rather than the maximum 40%.

Requesting a minor variance to the Zoning By-law to permit a driveway of a semi-detached dwelling to be 56% of lot width (5.2m) rather than the maximum permitted 50% of the lot width (4.5m) or 5.2m, whichever is the lesser; and, to permit a driveway to be setback 0m from the northerly side lot line rather than the required of 1.0 m, to facilitate 2 parking spaces side by side.

Requesting a minor variance to the Zoning By-law to permit the construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear yard of an existing detaching dwelling on a lot having an area of 383.6sq.m rather than the required 395sq.m, a lot width of 10.9m rather than the required 13.1m; and, to permit 2 parking spaces rather than the required 3 parking spaces.

Requesting a minor variance to the Zoning By-law to permit a Catering Service Establishment in a single detached dwelling with an Additional Dwelling Unit (Attached) whereas the Zoning By-law only permits the proposed Home Occupation in a Single Detached Dwelling.
 

Requesting a minor variance to the Zoning By-law to permit a required parking space to be 5.0m from the street (property) line rather than the required 6.0m, to facilitate the conversion of a loft and attached garage into an Additional Dwelling Unit (ADU) (Attached).

Requesting a minor variance to the Zoning By-law to permit the construction of a garage addition with a second floor dwelling unit, in the rear yard of an existing triplex, having an easterly side yard setback of 0.9m rather than the required 3.0m; a deck on the rear of the addition to have an easterly side yard setback of 0.9m rather than the required 3.0m; and, a Floor Space Ratio (FSR) of 0.72 rather than the permitted 0.6. 

Requesting a minor variance to the Zoning By-law to facilitate the development of the subject property into an 8-storey mixed use building having 37 dwelling units and one commercial unit, on a lot having a width of 12.2m rather than the required 15.0m; a rear yard setback of 5.5m rather than the required 7.5m; a building height of 25.7m rather than the permitted 19.5m; having a dwelling unit on the ground floor, behind the active commercial use on King Street; zero (0) parking spaces for both residential and commercial uses; and, to permit an obstruction in the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT) whereas the By-law does not permit obstructions into the CVT or DVT.

Requesting a minor variance to the Zoning By-law to permit 285 parking spaces (0.9 parking spaces per dwelling unit) rather than the minimum 313 parking spaces (1.0 parking per dwelling unit), to facilitate the construction of a 34-storey mixed use building having 313 dwelling units. 

Requesting a minor variance to the Zoning By-law to permit an easterly side yard setback of 0.8m rather than the required 1.5m; and, permission for a legal non-conforming lot in the 'EMP-2' zone to be used for a Tradesman or Contractor's establishment.

Requesting a minor variance to the Zoning By-law to permit a front yard setback of 3.0m rather than the required 6.5m, to facilitate the enclosure of an existing front porch into a mud room.

Requesting a minor variance to the Zoning By-law to permit a front yard setback of 5.5m rather than the required 9.5m, to facilitate the construction of a 1-storey addition, having an area of 13.0sq.m at the front of the existing single detached dwelling.

Requesting a minor variance to the Zoning By-law to permit a lot having a width of 15.9m rather than the required 19m, a maximum floor space ratio of 0.72 rather than the required 0.6, and minimum landscaping of 15.8% rather than the required 20%, to facilitate the construction of a 3-storey addition containing 4-residential units in the rear yard of an existing duplex.

Requesting consent to sever a parcel of land having a width of 10.1m along Second Avenue, a depth of 40.2m, and an area of 404.7sq.m. The land to be retained will have a width of 10.1m along Second Avenue, a depth of 40.2m and an area of 404.7sq.m. Each parcel is intended to be constructed with a detached duplex dwelling.

Requesting consent to sever a parcel of land having a width of 10.5m along Elmsdale Avenue, a depth of 35.1m, and an area of 325sq.m. The land to be retained will have a width of 10.5m along Elmsdale Avenue, a depth of 35.1m and an area of 315sq.m. 

Requesting consent to sever a parcel of land having a width of 10.8m along Ottawa Street North, a depth of 43.7m and an area of 472sq.m. The land to be retained will have a width of 10.8m along Ottawa Street North, a depth of 44.5m and an area of 481sq.m. Each parcel is intended to be constructed with a detached dwelling.

  • 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 marilyn.mills@kitchener.ca.
  • 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 31st day of March, 2023.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment

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