Committee of Adjustment
Agenda

Tuesday, August 20, 2024 at 10:00 A.m. - 12:00 P.m.

Conestoga Room

City of Kitchener

200 King Street W, Kitchener, ON N2G 407

(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 the Conestoga Room, Ground Floor, Kitchener City Hall, 200 King Street West, on Tuesday, AUGUST 20, 2024, 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 an oral submission at the meeting or provide a written submission for Committee consideration.

The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date.

---

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.

4.

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

5.

NEW BUSINESS

5.1

A 2024-058 - 175 Hoffman Street, DSD-2024-362

Requesting a minor variance to permit a parking rate of 0.64 parking spaces per unit (9 parking spaces) rather than the required parking rate of 1.0 parking space per unit (14 parking spaces) to facilitate the conversion of the existing 8 unit multiple dwelling to a 14 unit multiple dwelling in accordance with conditionally Approved Site Plan Application SP24/009/H/ES.

5.2

A 2024-059 - 15 Strange Street, DSD-2024-348

Requesting minor variances to Zoning By-laws 85-1 and 2019-051 to allow for no visual barriers along the north and west side of the parking lot, whereas the By-law requires a visual barrier where the parking lot is located; to permit a parking rate of 0.58 parking spaces per unit (7 parking spaces) rather than the required parking rate of 1.25 parking spaces per unit (15 parking spaces); having 6% of the required parking as visitor parking (1 parking space) rather than the required 15% visitor parking (2 parking spaces) to facilitate the conversion of the existing 9 unit multiple dwelling to a 12 unit multiple dwelling in accordance with Conditionally Approved Site Plan Application SP24/048/S/AA.

5.3

A 2024-060 - 95 Brunswick Avenue, DSD-2024-353

Requesting minor variances to permit a front yard setback of 3m rather than the required 5.7m; and, to permit a covered front porch to be setback from the front lot line 2.4m rather than the required 3m to facilitate the construction of a 2-storey addition and porch in the front yard of an existing single detached dwelling.

5.4

A 2024-061 - 25 Palace Street, DSD-2024-364

Requesting a minor variance to permit a parking rate of 0.085 for visitor parking spaces rather than the required 0.1 visitor parking spaces per unit to facilitate the registration of the Plan of Condominium for a mixed-used condominium development.

5.5

A 2024-062 - 40 Palace Street, DSD-2024-365

Requesting a minor variance to permit a parking rate of 0.085 parking for visitor parking spaces rather than the required 0.1 visitor parking spaces per unit to facilitate the registration of the Plan of Condominium for a mixed-used condominium development.

5.6

A 2024-063 - 908 Chapel Hill Court, DSD-2024-354

Requesting a minor variance to permit a rear yard setback of 3m rather than the required 4m to facilitate the construction of an unenclosed deck in the rear yard exceeding 0.6m in height of an existing single detached dwelling.

5.7

A 2024-064 - 67 Kimberly Crescent, DSD-2024-349

Requesting a minor variance to permit a lot width of 10.4m rather than the required 10.5m to facilitate the construction of an Additional Dwelling Unit (ADU) in the rear yard of an existing duplex dwelling.

5.8

A 2024-065 - 570 Frederick Street, DSD-2024-355

Requesting minor variances to permit an easterly side yard setback for a parking lot of 0.44m rather than the required 1.5m; to permit parking spaces to be located 4.2m from the street line along Bruce Street, rather than the required 4.5m; to permit the minimum required parking spaces for a Multiple Residential Dwelling to be 0 rather than the required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a Health Clinic in a Mixed Zone to have 8 parking spaces (1 parking space per 24.5 sq.m. Gross Floor Area (GFA)) rather than the required 11 parking spaces (1 parking space per 19 sq.m. GFA); to permit a right (interior) side yard setback of 1.2m rather than the required 4m; and, to permit the minimum ground floor building height, for any building with a street line façade, of 3.66m rather than the required 4.5m, to facilitate the development of a 3-storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP24/033/F/BB.

5.9

B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD-2024-358

Permission to sever a parcel of land at the corner of King Street East and Gateway Park Drive having a width of 180m on King Street and an area of 2.01 hectares. The retained land at the corner of King Street East, Tu-Lane Street and Gateway Park Drive having a width of 57.6m on King Street East and an area of 1.82 hectares. Permission is also being requested to grant an access easement on the newly proposed lot line, and further to access points on Tu-Lane Street and Gateway Park Drive having a width of 7.3m and an area of 1,266 sq.m. The severance will allow both parcels to be dealt with separately for the purpose of financing. No changes are proposed to the buildings or parking areas.

5.10

B 2024-019 - 250 Shirley Avenue, DSD-2024-350

Permission to sever a triangular parcel of land in the easterly rear yard having a width of 58m and an area of 0.15 hectares to be conveyed as a lot addition to the property municipally addressed as 260 Shirley Avenue. The retained land will have a width of 127.3m along Shirley Avenue and an area of 1.2 hectares. Both the severed and retained lands will continue to be of industrial use.

5.11

B 2024-020 - 573 Guelph Street, DSD-2024-351

Permission to sever a parcel of land so each part of a semi-detached dwelling may be dealt with separately. The severed land will have a width of 7.5m, a depth of 40.3m and an area of 302.25 sq.m. The retained land will have a width of 7.46m, a depth of 40.3m, and an area of 300.6 sq.m.

5.12

B 2024-021 - 62 Gage Avenue, DSD-2024-357

Permission to sever a parcel of land having a width of 15m, a depth of 28.5m and an area of 420 sq.m. The retained land will have a width of 17.8m, a depth of 28.5m and an area of 562 sq.m. The existing single detached dwelling is proposed to be demolished and two semi-detached dwellings are proposed to be constructed.

5.13

B 2024-022, A 2024-066 & A 2024-067 - 1180 Union Street, DSD-2024-366

Permission to sever a parcel of land having a width of 15.6m on Maple Avenue, a northerly depth of 15.6m and an area of 235 sq.m. The retained land will have a width of 12.6m on Union Street, a depth of 22.3m, and an area of 302.6 sq.m. Minor variances are also being requested for the severed land, to permit a front yard setback of 3.3m rather than the required 4.8m; and, a rear yard setback of 3m rather than the required 7.5m to facilitate the construction of a new duplex dwelling on the parcel. Minor variances are also being requested for the retained land, to permit a lot width of 12.65m rather than the required 15m; to permit a westerly side yard setback where there is a driveway of 2.9m rather than the required 3m; to permit a side yard setback abutting Maple Avenue of 3.2m rather than the required 4.5m; and, to permit a rear yard setback of 2.8m rather than the required 7.5m to maintain the existing single detached dwelling municipally addressed as 1180 Union Street.

6.

ADJOURNMENT

7.

PLANNING ACT INFORMATION

• Additional information is available at the Legislated Services Department, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener 519-741-2203 or by emailing .
• 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, Kitchener City Hall, 200 King St. W., Kitchener ON, N2G 4G7.

The Notice of Hearing for this meeting was published in the Record on the 2nd day of August, 2024.

Marilyn Mills
Secretary-Treasurer
Committee of Adjustment