Committee of Adjustment
Agenda

Tuesday, January 17, 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, JANUARY 17, 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.

ADMINISTRATIVE BUSINESS

3.1

CHAIR NOMINATION AND APPOINTMENT

4.

MINUTES

That the regular minutes of the Committee of Adjustment meeting held December 13th, 2022, as circulated to the members, be accepted.

5.

UNFINISHED BUSINESS

5.1

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.

6.

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

6.1

A 2023-001 - 18 Cambridge Avenue, DSD-2023-037

Requesting a minor variance to Zoning By-law 85-1 and 2019-051 to permit a parking space to be located 5.4m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing attached garage into a living space with a second storey addition, to provide an additional dwelling unit. 

6.2

A 2023-002 - 44 Floyd Street, DSD-2023-026

Requesting a minor variance to the Zoning By-law to permit an accessory structure to have a height of 4.3m to the underside of the fascia rather than the maximum permitted 3.0m, to facilitate the construction of a detached garage in the rear yard of the property.

6.3

A 2023-003 - 15 Stauffer Woods Trail , DSD-2023-034

Requesting a minor variance to Zoning By-law 85-1 to permit 1.25 parking spaces per dwelling unit (55 parking spaces) rather than the required 1.75 parking spaces per dwelling unit (77 parking spaces); and, an exemption from Special Regulation Provision 687R to permit a rear yard setback of 4.6m rather than the required 7.0m; and, a minor variance to Zoning By-law 2019-051 to permit an exemption from Site-Specific Provision 308 for a rear yard setback of 4.6m rather than the minimum required 7.0m, to facilitate the development of 44 dwelling units having 11 quad multiple buildings.

6.4

A 2023-004 - 312 Duke Street East, DSD-2023-027

Requesting a minor variance to the Zoning By-law to permit the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing single detaching dwelling having a shed roof with a height of 5.1m, to be located 4.3m from a side lot line rather than the maximum permitted height of 4.5m required 4.5m; and, to permit an Additional Dwelling Unit (ADU) (Detached) to have a lot coverage of 18.4% rather than the maximum permitted 15%.

6.5

A 2023-005 - 549 Fairway Road South, DSD-2023-024

Requesting a minor variance to the Zoning By-law to permit a side yard setback of 0.6m rather than the minimum required 3.0m, to legalize the location of an accessory storage building of an automobile dealership.

6.6

A 2023-006 - 35 Coral Crescent, DSD-2023-028

Requesting a minor variance to Zoning By-law 85-1 to permit the construction of an Additional Dwelling Unity (ADU) (Detached) in association with a duplex dwelling; and, a minor variance to Zoning By-law 2019-051 to permit a Building Floor Area of an Additional Dwelling Unit (ADU) that exceeds 50% of the building floor area of a Duplex Dwelling whereas a maximum of 50% or 80 sq.m. is required, whichever is less; an existing easterly side yard setback of 0.95m rather than the required 1.2m; and, to permit a driveway to be located 0m from the side lot line rather than the required 0.6m; and, a variance to permit the driveway to be located 0m from the side lot line, rather than the minimum driveway setback of 1.0m.

6.7

A 2023-007 - 30 Breithaupt Street, DSD-2023-036

Requesting a minor variance to the Zoning By-law to permit a front yard setback of 0.32m rather than the required 1.5m, to facilitate the construction of an accessible entry platform; and, to permit a parking lot with ingress and egress of vehicles from a lane in a reverse motion whereas the By-law requires a parking lot provides ingress and egress of vehicles from a street or lane in a forward motion only.

6.8

A 2023-008 - 36 Orchard Park Crescent, DSD-2023-044

Requesting a minor variance to Zoning By-law 85-1 to permit a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the required 6.3m;  a southerly side yard setback of 1.2m rather than the minimum required 3.0m; a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the minimum required 6.0m; and, a minor variance to Zoning By-law 2019-051 to permit a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the minimum required 6.0m; and, to permit a garage to project beyond the porch whereas the Zoning By-law does not permit this.

6.9

A 2023-009 - 126 Rolling Meadows Drive , DSD-2023-030

Requesting a minor variance to Zoning By-law 85-1 and 2019-051 to permit the construction of Additional Dwelling Unit (Detached) to be located in the side yard of the principle dwelling abutting Timberlane Crescent having a setback of 4.7m from the street.

6.10

A 2023-010 - 382 Zeller Drive (WITHDRAWN)

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

6.11

B 2023-001 - 204 Madison Avenue South, DSD-2023-039

Requesting consent to create an easement for a storm sewer having a width of 4.0m, an approximate depth of 55.0m and an approximate area of 220sq.m, shown as Part 1 on the Draft Reference Plan provided with the application, in favour of the property municipally addressed as 165 Courtland Avenue East.

6.12

B 2023-002,B 2023-003, A 2023-011, A 2023-012 & A 2023-013 – 83, 87 & 97 Victoria Street North, DSD-2023-040

Requesting consent to sever a parcel of land from the property municipally addressed as 83 Victoria Street North (B 2023-002) having a width of 10.2m, a depth of 28.0m and an area of 284.6 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 97 Victoria Street. Permission is also being requested to sever a parcel of land from the property municipally addressed as 87 Victoria Street North (B 2023-003) having a width of 30.2m, a depth of 28.0m and an area of 908.1 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 97 Victoria Street. Minor variances to the Zoning By-Law are also being requested for the property municipally addressed as 83 Victoria Street North (Retained Land B 2023-002) to permit a lot width of 10.2m rather than the required 16.0m; a side yard setback of 0m rather than the required 3.0m; a rear yard setback of 0m rather than the required 7.5m; a façade height of 2.0m rather than the minimum required 6.0m; and, 0 parking spaces rather than the required 1 parking space per 15sq.m of the floor area for a health clinic. Minor variances to the Zoning By-law are also being requested for the property municipally addressed as 87 Victoria Street North (Retained Land B 2023-003) to permit a maximum setback to a street line of 5.3m rather than the permitted 2.0m; a minimum side yard of 0m rather than the required 3m; a rear yard setback of 0m rather than the required 7m; a façade height of 2.0m rather than the minimum required 6.0m; and, 0 parking spaces rather than the required 1 parking space for every hospice bed. Lastly, minor variances to the Zoning By-law are being requested for the property municipally addressed as 97 Victoria Street North to permit a setback to a street line of 0m rather than the permitted 2.0m; a side yard setback of 0m rather than the minimum required 3.0m; a rear yard setback of 0m rather than the required 7.5m; and, to permit 0 parking spaces rather than the minimum required 3 parking spaces for a residential care facility and 1 parking space for every 3 staff, to facilitate the redevelopment of the properties with a residential care facility, hospice and health clinic.

6.13

B 2023-004, A 2023-014 & A 2023-015 – 530 & 550 King Street East , DSD-2023-042

Requesting consent to sever a parcel of land having a width of 18.5m, a depth of 40.0m and an area of 624.0 sq.m that will contain an existing building, municipally addressed as 550 King Street East. Minor variances to the Zoning By-law are also being requested for the proposed severed lands, to permit a side yard setback abutting King Street East of 0.17m rather than the required 1.5m; a rear yard setback of 1.2m rather than the required 7.5m; and, an exemption from the Special Regulation Provision 285R to permit 0 parking spaces rather than the required 32 parking spaces, in order to recognize the location of the existing commercial building on the proposed severed lands. The retained land will have a width of 29.3m, a depth of 42.5m and an area of 1,418.8 sq.m and will be municipally addressed as 530 King Street East. Minor variances to the Zoning By-law are also being requested for the proposed retained lands to permit an exemption from the Special Regulation Provision 541R to permit a rear yard setback of 1.7m rather than the required 7.5m; a building height of 32.5m rather than the maximum permitted 24.0m; and, and to permit 22 parking spaces rather than the required 60 parking spaces for residential use, to facilitate the redevelopment of the lands with a 9-storey residential building having 60 dwelling units.

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 or by emailing [e-mail]
• 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/meetings 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 30th day of December, 2022.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment