Committee of Adjustment
Agenda

Tuesday, December 12, 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, DECEMBER 12, 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.

MINUTES

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.

3.1

S. Hannah - A 2023-142 - 807 Frederick Street, DSD-2023-538

S. Hannah declared a pecuniary interest with respect to minor variance application A 2023-142 - 807 Frederick Street, DSD-2023-538 on the agenda this date due to a conflict of interest arising from his employment. Accordingly, S. Hannah did not participate in any discussion or vote regarding this matter.

4.

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

5.

UNFINISHED BUSINESS

5.1

A 2023-113 – 9 Siebert Avenue , DSD-2023-531

Requesting a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) (Detached) to be located partially within the exterior side yard of the property abutting Clark Avenue, whereas the By-law does not permit an ADU to be located in an exterior side yard; and, and to facilitate two (2) required parking spaces to be located within 6.0m of a front or exterior lot line rather than the maximum one (1) parking space, to facilitate the conversion of a single detached duplex into a single detached duplex with ADU.

6.

NEW BUSINESS

6.1

A 2023-137 - 48 Betzner Avenue North, DSD-2023-515

Requesting a minor variance to permit a lot width of 12.4m rather than the minimum required 13.1m to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the existing detached dwelling.

6.2

A 2023-138 - 136 River Road East, DSD-2023-543

Requesting minor variances to permit a reduced lot width of 19.1m rather than the minimum required 30m, a reduced interior side yard setback of 3m rather than the minimum required 4.5m; a reduced rear yard setback of 6.1m rather than the minimum required 7.5m; to permit a parking lot to be set back a minimum of 0.5m from the rear lot line rather than the minimum required 1.5m; and, to permit a parking requirement of 8 parking spaces inclusive of visitor and accessible parking (0.7 spaces per unit) rather than the minimum required 11 parking spaces (1.25 spaces per unit), to facilitate the redevelopment of the subject property with a multiple dwelling having 9 dwelling units.

6.3

A 2023-139 - 107 Country Clair Street, DSD-2023-532

Requesting a minor variance to permit a rear yard setback of 2.5m rather than the minimum required 7.5m to facilitate the construction of a sunroom addition at the rear of the existing detached dwelling.

6.4

A 2023-140 - 332 Prospect Avenue, DSD-2023-533

Requesting minor variances to permit a lot area of 342.2sq.m., rather than the minimum required 395sq.m., to permit a rear yard setback of 4.6m at the northwest corner and 6.9m at the northeast corner of the proposed building rather than the minimum required 7.5m to facilitate the construction of a single detached dwelling with two Additional Dwelling Units (ADU) (Attached) (Triplex).

6.5

A 2023-141 - 24 Cherry Street, DSD-2023-530

Requesting minor variances to permit a lot width of 12.1m rather than the minimum required 13.1m; and, to permit an unobstructed walkway that is 1.05m in width, for a small portion of the walkway adjacent to a bay window, rather than the minimum required 1.1m to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard an existing detached dwelling

6.6

A 2023-142 - 807 Frederick Street, DSD-2023-538

Requesting minor variances to avoid providing a Visual Barrier between the parking area and the abutting residential lot line to the east; and, to permit the 4 existing parking spaces to be located in the front yard within 3m of the street line, to facilitate the development of a 3.5-storey purpose-built rental apartment containing 16 dwelling units, on the property, in accordance with Conditionally Approved Site Plan Application SP23/056/F/ES.

6.7

A 2023-143 - 195 Franklin Street North, DSD-2023-528

Requesting minor variances to allow a personal services home occupation (hair salon), with a gross floor area of 21sq.m., in a duplex, whereas this type of home occupation is only permitted in a single detached dwelling; and, to permit the required parking space for duplex use to be located 0m from the street line rather than the minimum 6m, to facilitate the use of the attached garage for a personal services home occupation.

6.8

B 2023-043 - 18 Stanley Avenue, DSD-2023-539

Requesting consent to sever a parcel of land having a lot width of 9.9m, a lot depth of 35.4m and a lot area of 366sq.m. The lands to be retained will have a lot width of 9.9m, a lot depth of 35.4m and a lot area of 366sq.m. The existing dwelling is proposed to be demolished and a new detached dwelling will be constructed on each new lot.

7.

ADJOURNMENT