Committee of Adjustment
Agenda

Tuesday, September 20, 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, SEPTEMBER 20, 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 August 16, 2022, as circulated to the members, be accepted.

3.

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

3.1

A 2022-104 - 369 Frederick Street, DSD-2022-433

Requesting a minor variance to the Zoning By-law to construct a 4-storey addition in the rear yard of an existing Long-term Care facility having an interior side yard setback of 6.1m rather the required 8.3m; and, to permit a floor space ratio of 1.25 rather than the required 1.0.

3.2

A 2022-105 - 6 Tweedsmuir Court, DSD-2022-429

Requesting a minor variance to the Zoning By-Law to construct a pavilion (accessory structure) in the rear yard of an existing single detached dwelling having a maximum height of the underside of the fascia 3.7m rather than the permitted maximum of 3.0m.

3.3

A 2022-106 - 175 Tartan Avenue, DSD-2022-434

Requesting a minor variance to the Zoning By-Law to construct a 108-unit staked townhouse development in seven buildings having a southerly side yard setback of 1.8m rather than the required 2.5m; a rear yard setback of 5.5m rather than the required 7m; a parking rate of 1.1 spaces per dwelling unit (120 parking spaces) rather than the required 1.5 parking spaces per dwelling unit (162 parking spaces); and, to permit 10% (12 parking spaces) of the off-street parking spaces to be allocated to Visitor Parking rather than the required 20% (32 parking spaces).

3.4

A 2022-107 - 133 Pine Martin Crescent, DSD-2022-440

Requesting a minor variance to the Zoning By-law to construct a sunroom addition in the rear yard of an existing single detached dwelling having a northerly side yard setback of 0m rather than the required 1.2m.

3.5

A 2022-108 - 23 Bosworth Crescent, DSD-2022-425

Requesting a minor variance to the Zoning By-law to permit the required off-street parking on a single detached dwelling to be located 1.7m from the street line rather than the required minimum 6m to facilitate the conversion of the attached garage into a living space.

3.6

A 2022-109 - 60 Crosswinds Drive, DSD-2022-423

Requesting a minor variance to the Zoning By-law to permit a rear yard setback of 7.2m rather than the required 7.5m to facilitate the construction of a single detached dwelling.

3.7

A 2022-110 - 6 Marianne Dorn Trail, DSD-2022-424

Requesting a minor variance to the Zoning By-law to convert a single detached dwelling into a duplex having exterior stairs in the northerly side yard with a setback of 0.29m rather than the required 0.75m.

3.8

A 2022-111 - 131 Pinedale Drive, DSD-2022-432

Requesting a minor variance to the Zoning By-law from Zoning By-law 85-1 to permit a driveway to be located 0.78m from the intersection of Williamsburg Road and Pinedale Drive rather than the required 9m; and, a minor variance from Zoning By-Law 2019-051 to permit a driveway to be located 0.78m from the intersection of the front lot line and exterior lot line rather than the required 7m; and, to permit vehicles in a Driveway Visibility Triangle (DVT) whereas the By-law does not permit obstructions above 0.9m in height in the DVT.

3.9

A 2022-112 - 527 Wellington Street North

Requesting permission to enlarge/extend a legal non-conforming use to construct an Additional Dwelling Unit (ADU) onto the existing single detached dwelling in a General Industrial Zone (M-2).

3.10

A 2022-113 - 10 College Street, DSD-2022-437

Requesting a minor variance to the Zoning By-Law to construct a 24-storey mixed used development with 223 dwelling units having a total of 58 off-street parking spaces rather than the required 126 parking spaces.

3.11

A 2022-114 - 132 Woolwich Street, DSD-2022-428

Requesting a minor variance to the Zoning By-Law from Zoning By-Law 85-1 to construct a 3-storey 31-unit multi-residential dwelling having 1.15 parking spaces per dwelling unit rather than the minimum required 1.25 parking spaces per dwelling unit; and, to permit “Multiple Dwelling” use whereas the By-Law does not currently permit “Multiple Dwelling”; and, a minor variance from Zoning By-Law 2019-051 to permit a front yard setback of 2.1m rather than the required 4.5m; and, a maximum Floor Space Ratio (FSR) of 0.68 rather than the maximum permitted FSR 0.6.

3.12

A 2022-115 -224 Jeffrey Place, DSD-2022-427

Requesting a minor variance to the Zoning By-Law to construct a single detached dwelling having a front porch with a depth of 1.2m rather than the required 1.5m; an attached garage to extend 4.6m beyond the front façade of the dwelling rather than the maximum permitted 1.8m; and, to permit a private garage to extend beyond the front of the porch, to facilitate the construction of a single detached dwelling.

3.13

B 2022-046 - 78-80 Old Chicopee Drive, DSD-2022-430

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 9.9m, a depth of 39.6m and an area of 392sq.m. The retained land will have a width of 9.9m, a depth of 39.6m along the lot line and 40.5m along the second lot line and an area of 565sq.m.

3.14

B 2022-047 - 124 Walker Street, DSD-2022-439

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 8.6m, a depth of 31m and an area of 270sq.m. The retained land will have a width of 8.6m, a depth of 31m and an area of 270sq.m.

3.15

B 2022-048 to 055 - 7, 9, 11, 13, 15, 21, 23 and 25 - Shaded Creek Drive, DSD-2022-438

B 2022-048

Requesting consent to grant a 0.9m wide easement identified as Part 95 on Reference Plan 58R-21143 for the adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit.

B 2022-049

Requesting consent to grant a 0.9m wide easement identified as Part 96 on Reference Plan 58R-21143. 

B 2022-050

Requesting consent to grant an “L” Shaped easement having a width of 0.9m wide easement identified as Parts 97 and 98 on Reference Plan 58R-21143 for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit.

B 2022-051

Requesting consent to grant an “L” Shaped easement having a width of 0.9m wide easement identified as Parts 99 and 100 on Reference Plan 58R-21143 for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit.

B 2022-052

Requesting consent to grant a 0.9m wide easement identified as Part 101 on Reference Plan 58R-21143 for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit.

B 2022-053

Requesting consent to grant an “L” Shaped easement having a width of 0.9m wide easement identified as Parts 102 and 103 on Reference Plan 58R-21143 for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit.

B 2022-054

Requesting consent to grant an “L” Shaped easement having a width of 0.9m wide easement identified as Parts 104 and 105 on Reference Plan 58R-21143 for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit.

B 2022-055

Requesting consent to grant a 0.9m wide easement identified as Part 106 on Reference Plan 58R-21143 for adjacent townhouse dwellings to have access to the rear yard of the townhouse dwelling unit.

3.16

CC 2022-001 - 41 Ardelt Place, DSD-2022-436

Permission is being requested to modify Conditions 3 through 6 and Condition 8 of Provisional Consent decision B 2021-026 granted by the Committee of Adjustment on May 18, 2021 to be dealt with in a future site plan approval process.

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 the Record on the 2nd day of September, 2022.

Marilyn Mills
Acting Secretary-Treasurer
Committee of Adjustment