Committee of Adjustment Electronic Meeting - Tuesday, August 18, 2020

COMMITTEE OF ADJUSTMENT - CITY OF KITCHENER

(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 on TUESDAY, August 18, 2020 commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance or Permission and/or Consent. Due to COVID-19, City Hall is currently open by appointment only, 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 Dianna.Saunderson@kitchener.ca or via phone at 519-741-2203. Please note this electronic meeting is a public meeting and will be recorded.

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

A 2020-029 - 293 King Street East
Permission to construct a 3-storey mixed-use building containing 8 residential units and 1 commercial unit having 0 off-street parking spaces rather than the required 1 off-street parking space for an 8-unit multi-residential dwelling with a parking rate of 0.165 spaces per unit, for dwellings not exceeding 51 sq.m. in floor area and 2 parking spaces for a commercial space at a rate of 1 space per 40 sq.m.; and, to permit a Floor Space Ratio (FSR) of 2.1 rather than the maximum permitted FSR of 2.0.

A 2020-030 - 366 Rivertrail Avenue
Permission to construct a single detached dwelling having a driveway located 7.94m from the intersection of Valleybrook Drive and Rivertrail Avenue rather than the required setback of 9m.

A 2020-031 - 10 Martin Street
Permission to construct an addition in the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.6m rather than the required 1.2m. The existing rear yard addition will be demolished.

A 2020-033 - 210 Rivertrail Avenue
Permission to construct a single detached dwelling having a westerly side yard setback of 0.82m rather than the required 1.2m.

A 2020-034 - 25 Shanley Street
Permission to construct an accessory building in the rear yard of an existing single detached dwelling and for the accessory building to have a maximum height of the underside of the facia of 4.8m rather than a maximum height of 3m.

A 2020-035 - 371 Biehn Drive
Permission to construct an addition on the existing garage of a single detached dwelling having a side yard setback of 2.5m abutting Spencer Court rather than the required 4.5m.

A 2020-036 - 1643 Bleams Road
Permission for relief from the required Holding Provision (24HSR), which does not allow a building permit to be issued prior to municipal services being available on site, to allow construction of a pavilion having 2 washrooms and associated covered picnic area without providing full municipal services. The site currently contains septic and well services.

A 2020-037 - 886 Strasburg Road
Permission to convert the garage into living space on an existing duplex having the 2 required off-street parking spaces located 2m from the property line rather than the required 6m; and, having a driveway width of 8m rather than the permitted maximum 7.5m.

A 2020-038 - 121 Grand Flats Trail
Permission to construct a single detached dwelling having a westerly side yard setback of 1.25m rather than the required 1.5m.

A 2020-039 - 52 Helena Feasby Street
Permission to construct an addition in the rear yard of an existing single detached dwelling having a rear yard setback of 5.55m rather than the required 7.5m.

A 2020-040 - 251 Margaret Avenue
Permission to convert a single detached dwelling into a duplex having a southerly side yard abutting Guelph Street of 2.86m rather than the required 4.5m; a lot width of 11.4m rather than the required 15m; having the required off-street parking space located 3.5m from the property line rather than the required 6m; having 2 off-street parking spaces at the rear of the dwelling located partially within the side yard whereas the By-law does not permit parking within a side yard; and, having the driveway to be located 2.68m within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The existing carport is intended to be removed.

A 2020-041 - 56 Wilhelm Street
Permission to construct an addition in the rear yard of an existing single detached dwelling having a side yard abutting Hett Street of 1.39m rather than the required 4.5m; to permit parking to be located within 6m of the property line whereas the By-law does not permit parking within the 6m setback; to legalize an existing driveway to be located 4.5m from the intersection of Hett Avenue and Wilhelm Street rather than the required 9m; and, to legalize an existing driveway located 3m within the 7.5m Corner Visibility Triangle (CVT), whereas the By-law does not allow encroachment into the CVT.

A 2020-044 - 50 West Avenue
Permission to construct a second storey addition on an existing single detached dwelling having an easterly side yard setback of 0.8m rather than the required 1.2m.

B 2020-024 - 124 Walker Street
Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 8.68m, a depth of 31.09m and an area of 270 sq.m. The retained land will have a width of 8.68m, a depth of 31.09m and an area of 270 sq.m.

B 2020-020 to B 2020-023 and A 2020-042 - 940, 944 and 948 Chapel Hill Court and 17 Stafford Lane
The subject applications are intended to facilitate the residential development on Chapel Hill Court.

B 2020-020 & A 2020-042 - 948 Chapel Hill Court
Permission to sever a parcel of land identified as ‘Part 1’ on the plan submitted with the application at the rear of 948 Chapel Hill Court having a width of 24.8m and a depth of 3.2m to be conveyed as a lot addition to the property municipally addressed as 17 Stafford Lane. A minor variance is also being requested for 948 Chapel Hill Court to permit construction of a single detached dwelling having a rear yard setback of 6m rather than the required 7.5m.

B 2020-021 - 944 Chapel Hill Court
Permission to sever a triangular parcel of land identified as ‘Part 2’ on the plan submitted with the application at the rear of 944 Chapel Hill Court having a width of 9.2m to be conveyed as a lot addition to the property municipally addressed as 17 Stafford Lane.

B 2020-022 - 17 Stafford Lane
Permission to sever a triangular parcel of land identified as ‘Part 3’ on the plan submitted with the application at the rear of 17 Stafford Lane having a width of 2.3m to be conveyed as a lot addition to the property municipally addressed as 944 Chapel Hill Court.

B 2020-023 - 17 Stafford Lane
Permission to sever a triangular parcel of land identified as ‘Part 4’ on the plan submitted with the application at the rear of 17 Stafford Lane having a width of 22.5m and an easterly depth of 5.8m to be conveyed as a lot addition to the property municipally addressed as 940 Chapel Hill Court.

B 2020-025 & A 2020-043 - 285 Connaught Street
Permission to sever a parcel of land at the rear of the subject property having a width of 15.24m, a depth of 16.655m, and an area of 253 sq.m. to be conveyed as a lot addition to the adjacent property municipally addressed as 153 Fifth Avenue. The retained lot will have a width on Connaught Street of 16.459m, a depth of 24.994m and an area of 413 sq.m. Permission is also being requested for a minor variance for the existing single detached dwelling to have a rear yard setback of 5.97m rather than the required 7.5m.

• additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594).
• copies of written submissions/public agencies' comments are available on 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 Local Planning Appeal Tribunal (LPAT) 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 Holly Dyson at holly.dyson@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; 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.

Dated the 31st day of July, 2020.

Dianna Saunderson
Secretary-Treasurer
Committee of Adjustment