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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 in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on TUESDAY, APRIL 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

 

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

 

A 2023-040 – 245 Wellington Street North

Requesting a minor variance to the Zoning By-law to permit a side yard setback of 2.0m rather than the required 3.0m, to facilitate the conversion of an existing single detached dwelling into a multiple dwelling having 4 dwelling units.

 

A 2023-041 – 45 Bond Street

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 duplex on a lot having an area of 381sq.m rather than the required 395sq.m, a lot width of 12.5m rather than the required 13.1m; having 2 parking spaces rather than the required 3 parking spaces for a duplex and ADU (Detached); having the required parking space located 0m from the street line rather than the required 6.0m; and, having a driveway width of 41.6% rather than the maximum 40%.

 

A 2023-042 – 100 Monteagle Crescent

Requesting a minor variance to the Zoning By-law to permit a driveway of a semi-detached dwelling to be 56% of lot width (5.2m) rather than the maximum permitted 50% of the lot width (4.5m) or 5.2m, whichever is the lesser; and, to permit a driveway to be setback 0m from the northerly side lot line rather than the required of 1.0 m, to facilitate 2 parking spaces side by side.

 

A 2023-043 – 300 Countrystone Crescent

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.

 

A 2023-044 – 230 Black Walnut Place

Requesting a minor variance to the Zoning By-law to permit a Catering Service Establishment in a single detached dwelling with an Additional Dwelling Unit (Attached) whereas the Zoning By-law only permits the proposed Home Occupation in a Single Detached Dwelling.

 

A 2023-045 – 125 Hickson Drive

Requesting a minor variance to the Zoning By-law to permit a required parking space to be 5.0m from the street (property) line rather than the required 6.0m, to facilitate the conversion of a loft and attached garage into an Additional Dwelling Unit (ADU) (Attached).

 

A 2023-046 – 74 Carnaby Crescent

Requesting a minor variance to the Zoning By-law to permit the construction of a garage addition with a second floor dwelling unit, in the rear yard of an existing triplex, having an easterly side yard setback of 0.9m rather than the required 3.0m; a deck on the rear of the addition to have an easterly side yard setback of 0.9m rather than the required 3.0m; and, a Floor Space Ratio (FSR) of 0.72 rather than the permitted 0.6.

 

A 2023-047 – 744 King Street East

Requesting a minor variance to the Zoning By-law to facilitate the development of the subject property into an 8-storey mixed use building having 37 dwelling units and one commercial unit, on a lot having a width of 12.2m rather than the required 15.0m; a rear yard setback of 5.5m rather than the required 7.5m; a building height of 25.7m rather than the permitted 19.5m; having a dwelling unit on the ground floor, behind the active commercial use on King Street; zero (0) parking spaces for both residential and commercial uses; and, to permit an obstruction in the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT) whereas the By-law does not permit obstructions into the CVT or DVT.

 

 

A 2023-048 – 1200 Fischer Hallman Road

Requesting a minor variance to the Zoning By-law to permit 285 parking spaces (0.9 parking spaces per dwelling unit) rather than the minimum 313 parking spaces (1.0 parking per dwelling unit), to facilitate the construction of a 34-storey mixed use building having 313 dwelling units.

 

A 2023-049 – 37 Manitou Drive

Requesting a minor variance to the Zoning By-law to permit an easterly side yard setback of 0.8m rather than the required 1.5m; and, permission for a legal non-conforming lot in the 'EMP-2' zone to be used for a Tradesman or Contractor's establishment.

 

A 2023-050 – 92 Arnold Street

Requesting a minor variance to the Zoning By-law to permit a front yard setback of 3.0m rather than the required 6.5m, to facilitate the enclosure of an existing front porch into a mud room.

 

A 2023-051 – 110 Clark Avenue

Requesting a minor variance to the Zoning By-law to permit a front yard setback of 5.5m rather than the required 9.5m, to facilitate the construction of a 1-storey addition, having an area of 13.0sq.m at the front of the existing single detached dwelling.

 

A 2023-052 – 306 Wellington Street North

Requesting a minor variance to the Zoning By-law to permit a lot having a width of 15.9m rather than the required 19m, a maximum floor space ratio of 0.72 rather than the required 0.6, and minimum landscaping of 15.8% rather than the required 20%, to facilitate the construction of a 3-storey addition containing 4-residential units in the rear yard of an existing duplex.

 

B 2023-016 – 73 Second Avenue

Requesting consent to sever a parcel of land having a width of 10.1m along Second Avenue, a depth of 40.2m, and an area of 404.7sq.m. The land to be retained will have a width of 10.1m along Second Avenue, a depth of 40.2m and an area of 404.7sq.m. Each parcel is intended to be constructed with a detached duplex dwelling.

 

B 2023-017 – 23 & 25 Elmsdale Drive

Requesting consent to sever a parcel of land having a width of 10.5m along Elmsdale Avenue, a depth of 35.1m, and an area of 325sq.m. The land to be retained will have a width of 10.5m along Elmsdale Avenue, a depth of 35.1m and an area of 315sq.m.

 

B 2023-018 – 299 Ottawa Street North

Requesting consent to sever a parcel of land having a width of 10.8m along Ottawa Street North, a depth of 43.7m and an area of 472sq.m. The land to be retained will have a width of 10.8m along Ottawa Street North, a depth of 44.5m and an area of 481sq.m. Each parcel is intended to be constructed with a detached dwelling.

 

  • Additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener 519-741-2203 or by emailing CofA@kitchener.ca
  • 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 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.

 

Dated the 31st day of March, 2023.

 

Marilyn Mills

Secretary-Treasurer

Committee of Adjustment