Committee of Adjustment
Agenda

Tuesday, December 13, 2022 at 9:00 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, DECEMBER 13, 2022, 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.

IN CAMERA MEETING AUTHORIZATION

Note:  Any member of the Committee may question the appropriateness of a listed in-camera item.  This may occur during the Committee of Adjustment meeting or at the beginning of the in-camera session.

Members are being requested to enact the following resolution to authorize an in-camera meeting:

"That an in-camera meeting be held immediately prior to the Public meeting of the Committee of Adjustment this date for members of the Committee of Adjustment to receive education and training as authorized by Sections 239 (3.1) of the Municipal Act, 2001."

Following their education and training session, the Committee will reconvene the Public meeting at 10:00 a.m., the Statutory Advertised start time, to consider the Minor Variance and Consent applications listed on the agenda.

3.

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.

4.

UNFINISHED BUSINESS

4.1

B 2022-046 - 78-80 Old Chicopee Drive (Amended), DSD-2022-513

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 408 sq.m. The retained land will have a width of 9.9m, a depth of 40.6m along one lot line and 38.9m along the other lot line and an area of 548 sq.m.

5.

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

5.1

A 2022-134 - 192 Kent Avenue, DSD-2022-490

Requesting a minor variance to the Zoning By-law to permit a minimum lot area of 332.5 sq.m rather than the required 495 sq.m, having a minimum lot width of 12.2m rather than the required 15.0m; a minimum side yard abutting Kennedy Avenue of 3.3m rather than the required 4.5m; having 2 off-street parking spaces, rather than the required 3 off-street parking spaces; and, to permit the corner of the existing 2-storey deck to encroach into the Driveway Visibility Triangle (DVT) whereas encroachment is not permitted in the DVT, to facilitate the development of a multiple dwelling unit with 3 dwelling units. 

5.2

A2022-135 – 100 Monteagle Crescent, DSD-2022-489

Requesting a minor variance to Zoning By-law 85-1 to permit the required parking space to be located 2.6m from the street (property) line rather than the minimum required 6.0m; and, a minor variance to Zoning By-law 2019-051 to permit a southerly interior side yard setback of 1.0m rather than the minimum required 1.2m, to facilitate the conversion of the existing carport into a living space.

5.3

A 2022-136 - 332 Charles Street East, DSD-2022-502

Requesting a minor variance to the Zoning By-law to permit “Animal Shelter” use, whereas an “Animal Shelter” use is not permitted in an MU-3 Zone; and, to permit a maximum front yard setback of 14.0m rather than the maximum permitted 7.5m.

5.4

A 2022-137 – 81 Second Avenue, DSD-2022-495

Requesting a minor variance to Zoning By-law 85-1 to permit a required parking space within a building to be 4.87m in length rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to permit a required parking space within a building to be 4.87m in length rather than the required 5.5m, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling.

5.5

A 2022-138 – 83 Second Avenue, DSD-2022-495

Requesting a minor variance to Zoning By-law 85-1 to permit a required parking space within a building to be 4.87m in length rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to permit a required parking space within a building to be 4.87m in length rather than the required 5.5m, to legalize the size of the parking space within the existing attached garage of the semi-detached dwelling.

5.6

A 2022-139 – 360 Wellington Street North, DSD-2022-503

Requesting a minor variance to Zoning By-law 85-1 and 2019-051 to permit a front yard setback of 2.8m rather than the minimum required 4.5m to allow for Barrier Free Access to be added to the front porch.

5.7

A 2022-140 – 213 Sheldon Avenue North, DSD-2022-505

Requesting a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to construct a carport having the required off-street parking located 3.0m from a side lot line abutting Fairmount Road rather than the required 6m setback; to permit the carport to be located 5.7m from the rear lot line rather than the required 7.5m; and, to legalize an existing parking space located between the building and the street line abutting Fairmount Road, having a minimum length of 3.0m rather than the required 5.5m.

5.8

A 2022-141 – 488 Duke Street West, DSD-2022-493

Requesting a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to permit a front yard setback of 5.1m rather than the minimum required 6.8m; and, an easterly interior side yard to have setback of 1.1m rather than the required 1.2m, to facilitate a covered expansion of the existing front porch. 

5.9

A 2022-142 – 2480 Homer Watson Boulevard Unit A2, DSD-2022-497

Requesting a minor variance to the Zoning By-law to permit a convenience retail outlet to have a Gross Leasable Commercial Floor Area of 310 sq.m. rather than the maximum permitted 225 sq.m, to allow convenience retail use of a unit in an existing commercial building.

5.10

A 2022-143 – 10 Pattandon Avenue, DSD-2022-509

Requesting a minor variance to the Zoning By-law to permit a Maximum Additional Building Floor Area in the ‘Existing Use Zone (E1)’ of 38.6% (35.2 sq.m.), rather than the maximum permitted 25% (23.7 sq.m.), to facilitate the construction of a garage attached to the rear of the existing dwelling.

5.11

A 2022-144 – 21 Third Avenue, DSD-2022-510

Requesting permission for the enlargement or extension of a legal non-conforming use (a printing and publishing establishment), to facilitate the construction of a two-storey addition at the front of the building having a floor area of 101.3 sq.m for the total building Gross Floor Area of 600 sq.m.

5.12

B 2022-058 to 059 – 243 Connaught Street, DSD-2022-511

Requesting permission to sever a parcel of land to facilitate the construction of a semi-detached dwelling. The severed parcel of land will have a width of 10.0m, a depth of 23.6m and an area of 236.4 sq.m. The retained land will have a width of 13.7m, a depth of 23.6m and an area of 324.3 sq.m. Permission is also being requested to grant a 1.5m wide easement on Parts 3, 4 and 5 on the plan submitted with the applications for access and maintenance of the proposed semi-detached dwellings.

5.13

B 2022-060 – 17 Nelson Avenue, DSD-2022-491

Requesting permission to sever a parcel of land at the rear of the subject property having a width of 18.2m, a depth of 8.32m and an area of 152.1 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 11 Norbert Place. The retained land will contain an existing residential dwelling municipally addressed as 17 Nelson Avenue having a width 18.2m, a depth of 129.5m and an area of 2,356.9sq.m.

5.14

VT 2022-001 – 280 Highland Road East, DSD-2022-508

Requesting a Validation of Title to correct a contravention to the Planning Act; an Easement Maintenance Agreement and Transfer Easement was registered in 2010 without evidence of a Certificate of Consent. The easement is in favour of 274 Highland Road East, having a width of 3.0m, a depth of 30.4m and an area of 91.5 sq.m. 

5.15

CC 2022-002 – 138, 150-154 Victoria Street South & 100 Park Street, DSD-2022-506

Permission is being requested to modify Condition 1 of Provisional Consent decision B 2021-004 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision.

5.16

CC 2022-003 - 138, 150-154 Victoria Street South & 100 Park Street, DSD-2022-506

Permission is being requested to modify Condition 1 of Provisional Consent decision B 2021-005 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision.

6.

ADJOURNMENT

7.

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 .
• 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 25th day of November, 2022.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment