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, JULY 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 an Additional Dwelling Unit (ADU) to be 62% of the building floor area of the principal dwelling rather than the permitted 50% or 80 sq.m, whichever is the less, to facilitate the conversion of an existing detached garage having an area of 61sq.m, into an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property. 

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 rear yard setback of 3.0m rather than the required 7.5m, to facilitate the construction of an attached, covered, unenclosed roof structure in the rear yard of an existing single detached dwelling. 

Requesting a minor variance to the Zoning By-law to permit a rear yard setback of 3.81m rather than the required 7.5m, to facilitate the conversion of a single detached dwelling with one Additional Dwelling Unit (ADU) (Attached) into a single detached dwelling with two Additional Dwelling Units (ADU) (Attached).

Requesting a minor variance to the Zoning By-law to permit a lot width of 12.0m rather than the required 13.1m, and, to permit a garage width of 6.5m rather than the permitted 4.9m, to facilitate the conversion of a single detached dwelling into a single detached dwelling with two Additional Dwelling Units (ADUs) (Attached).

Requesting a minor variance to the Zoning By-law to permit an external unit to have a lot width of 7.5m rather than the required 9.5m; and, an easterly side yard setback of 1.25m rather than the required 2.5m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Attached) within an existing street townhouse dwelling.

Requesting a minor variance to the Zoning By-law to facilitate the construction an 18-storey mixed-use building with residential and commercial uses having a front yard setback of 1.0m rather than the required 3.0m, a northerly side yard setback of 0.0m for covered bike parking rather than the required 4.5m; to permit 0.6 parking spaces per dwelling unit rather than the required 1 parking space per dwelling unit, and 0.08 visitor parking spaces per dwelling unit rather than the required 0.10 visitor parking spaces per dwelling unit; to permit support columns to encroach into the Driveway Visibility Triangles (DVT) abutting Weber Street East, whereas the By-law does not permit encroachments into the DVT; to permit the second floor of the proposed building to encroach into a DVT whereas the Zoning By-law does not permit obstructions within a DVT, except for objects 0.9m or less in height from the ground or objects higher than 5.0m in height from the ground; and, to permit parking spaces and drive aisles to be located on the ground floor of a multiple dwelling building not entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade whereas the Zoning By-law requires that all parking spaces and drive aisles on the ground floor of a multiple dwelling building be located entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade. 

Requesting a minor variance to the Zoning By-law to permit an accessory structure to have a height of 4.5m to the underside of the fascia rather than the maximum permitted 3.0m, to facilitate the construction of a cabana structure in the rear of the property. 

Requesting a minor variance to the Zoning By-law to permit an easterly side yard setback of 1.0m rather than the required 1.2m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property. 

Requesting a minor variance to the Zoning By-law to permit a required parking space to be located 2.6m from the street (property) line rather than the required 6.0m, to facilitate the conversion of an attached garage into a living space; and, to permit an existing accessory structure (a shed) in the exterior side yard, whereas the Zoning By-law does not permit accessory structures in the exterior side yard.

Requesting a minor variance to Zoning By-law 85-1 to permit a restaurant patio to be located in the side yard abutting Irvine Street having a 22.0m setback from a 'Residentially Zoned' property rather than the minimum required 30.0m.

Requesting a minor variance to the Zoning By-law to permit an accessory outdoor storage for 'utility' use in a yard abutting a residential zone, whereas the Zoning By-law does not permit accessory outdoor storage for 'utility' use in a yard abutting a residential zone.

Requesting consent to sever a parcel of land having a width of 9.4m, a depth of 40.0m and an area of 377sq.m. The retained land will have a width of 13.1m, a depth of 40.0m and an area of 525sq.m. The severed land is proposed for a single detached dwelling, while the retained land will contain the existing single detached dwelling.

Requesting consent to sever a parcel of land identified as Part 2 on Reference Plan 58R-17705, having a width of 1.8m, a depth of 57.5m, and an area of 103.5sq.m, to be conveyed as a lot addition to the adjacent properties municipally addressed as 12 Margaret Avenue and 116 Queen Street North, in order for the entirety of an existing shared access lane to be under the ownership of the Church of the Good Shepherd. A minor variance to Zoning By-law 85-1 is also requested, to permit access steps with a height of 1.2m within 3.0m of a street line, whereas the Zoning By-law only permits steps with a maximum height of 0.6m within 3.0m of a street line; to permit 1.1 parking spaces per dwelling unit rather than the required 1.25 parking spaces per dwelling unit; to permit 12.9% of the total required parking to be designated for visitor use rather than the minimum required 20%; and, to permit an easterly side yard setback of 3.6m rather than the required 6.0m; and, to permit a front yard setback of 3.47m rather than the required 4.5m, to facilitate the construction of 47 dwelling units having 23 rear lane access townhouses facing Margaret Avenue, and 24 townhouse units facing an internal private lane, in accordance with Site Plan Application SP22/187/M/AP.  

  • 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 30th day of June, 2023.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment

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