Committee of Adjustment Meeting - Tuesday, December 14, 2021

THE CITY OF KITCHENER

COMMITTEE OF ADJUSTMENT

NOTICE OF HEARING

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 December 14, 2021, commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced above as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. 

PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live-stream video at www.kitchener.ca/watchnow. Information on how you can participate or submit written comments for any matter on this agenda are provided below.

HOW TO PARTICIPATE:

• All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information.

As in-person meetings are not an option at this time, you can view or participate in a meeting as follows:

• To participate you can register no later than 4:00 p.m. on Monday December 13, 2021. To register please email CofA@kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number).
• You can provide a written submission no later than 8:30 a.m. Tuesday December 14, 2021, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee.

If you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary-Treasurer (information provided above). You will not be required to speak if you choose not to.

Copies of written submissions and public agencies’ comments are available on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details.

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

A 2021-120 - 12 Hilda Place

Permission to construct a deck and stairs over an existing garage of a single detached dwelling on a lot that does not front on a public street, whereas the By-law does not permit building on a lot which does not front a street; the proposed stairs having a rear yard setback of 0m rather than the required 0.75m; and, the proposed deck having a side yard setback of 0m rather than the required 1.2m; and, rear yard setback of 0m rather than the required 0.75m.

A 2021-130 - 878 Frederick Street  

Permission to construct a residential care facility having a parking rate of 1 space/185 sq.m. (8 spaces) rather than the required 1 space/92 sq.m. (16 spaces).

A 2021-131 - 95 Maitland Street

Permission to add the "Catering Establishment" use as a permitted home business in an existing single detached dwelling; and, to allow the home business to occupy Gross Floor Area (GFA) of 25.7% (65 sq.m. GFA) of the dwelling.

A 2021-132 - 26 Monteagle Crescent  

Permission to convert an existing garage into an accessory dwelling unit on the lot having a width of 8m rather than the required minimum width of 13.1m.

A 2021-133 - 12 East Lansdowne

Permission to convert a single detached dwelling into a duplex having the required off-street parking space located 1m from the street line rather than the required 6m.

A 2021-134 - 715 Frederick Street  

Permission to convert an existing duplex into a triplex dwelling on a lot having a width of 13.8m rather than the required 15m.

A 2021-135 – 1572 Highland Road West  

Permission to construct a Printing and Publishing Establishment having a total number of parking spaces on site of 43 spaces whereas the By-law permits a maximum of 27 spaces on site.

A 2021-136 - 888 Trillium Drive

Permission to construct an addition expanding the existing legal non-conforming use of “Educational Establishment” previously approved by the Committee of Adjustment having an increased Gross Floor Area (GFA) of 42% (2017.1sq.m. to 2869.94 sq.m. GFA) of the institutional building.

A 2021-137 - 29 Hurst Avenue

Permission to convert an existing single detached dwelling into a triplex having a lot area of 474 sq.m. rather than the required 495 sq.m.; having a lot width of 13.192m rather than the required 15m; having a covered deck with a rear yard setback of 4.52m rather than the required 7.5m; and, having 2 parking spaces in tandem whereas the by-law does not permit tandem parking.

A 2021-138 - 945 Victoria Street North 

Permission to provide for a restaurant patio having a 0m setback from the street line rather than the required 3m; and, having the drive aisle of a drive-through facility located 2.2m from a residential zone rather than the required 15m.

A 2021-139 - 938 Strasburg Road

Permission to convert the garage into a home business (salon) having the required off-street parking space located 2.2m from the street line rather than the required 6m.

A 2021-140 - 630 Benninger Road 

Permission to construct a stacked townhouse development containing 225 multi-residential dwelling units on a vacant lot having a ground floor building height of 3m rather than the required 4.5m; and, to permit the encroachment of stairs and access ramps having a left side yard setback of 0.5m rather than the required 1m.

B 2021-063 - 11 East Avenue  

Permission to sever a parcel of land having a width 0.762m, a depth of 36.35m, and an area of 28sq.m to be conveyed as a lot addition to 15 East Avenue to increase the size of the side yard. The retained land identified will have a width of 16.96m, a depth of 37.05m, and an area of 574sq.m.

B 2021-064 - 500 Karn Street

Permission to sever a parcel of land having a width of 10.211m, a depth of 41.6m and an area of 439.5 sq.m. The retained land will have a width of 10.211m, a depth of 42.2m and an area of 439.3 sq.m. Both lots are intended for residential use; the existing dwelling will be demolished.

B 2021-065 - 156 Strange Street  

Permission to sever a parcel of land so each lot would contain one semi- detached dwelling currently being constructed. The severed land identified as red on the plan submitted with the application having a width of 7.79m, a depth of 39.71m, and an area of 296sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.53m, a depth of 39.71m, and an area of 303sq.m.

B 2021-066 & A 2021-141 - 120 Benton Street

Permission to grant easements in favour of 112 Benton Street the first easement proposed over Part 1 on the Reference Plan provided with the application for the purposed of a loading/unloading bay; and, the second an easement over Parts 2 and 3 intended for pedestrian and vehicular ingress and egress and access to the loading/unloading bay. Permission is also being requested for a minor variance application to allow for a maximum building height of 56.55m rather than the permitted 45m to provide for the addition of a Rooftop Amenity to the 17 floor’s building design.

B 2021-067 to 068 & A 2021-142 to 143 - 47-75 Charles Street East & 40-42, 50 Eby Street

Permission to create 3 lots for mortgage purposes and to redevelop a portion of the site into 9-storeys of affordable housing. The proposed lots will have the following dimensions:

Permission is also being requested for minor variances for Parcel 1 municipally addressed as 47-63 Charles Street East to construct an affordable housing development containing 72 dwelling units, having a parking rate of 0.2 spaces/dwelling unit (39 spaces), 1spaces/90sq.m. of office space, and 1spaces/15sq.m. of health office space, rather than the required 1.25spaces/dwelling unit (134 spaces), 1spaces/28sq.m. of office space, and 1spaces/15sq.m. of health office space; to provide 0 visitor parking spaces rather than the required 18 spaces; and to allow 3 barrier-free parking space rather than the required 6 barrier-free parking spaces.

Permission is also being requested for minor variances for Parcel 2 municipally addressed as 75 Charles Street East to construct an affordable housing development containing 22-units having a parking rate of 0.2spaces/dwelling unit (7 spaces), and 1spaces/90sq.m. of office space, rather than the required 1.25spaces/dwelling unit and 1spaces/28sq.m. of office space; to provide 0 visitor parking spaces rather than the required 6 spaces; to allow 1 barrier-free parking space rather than the required 2 barrier-free parking spaces; to allow no visual barrier along the property line to be shared with 50 Eby Street; and, to allow dwelling units located at grade with no exclusive patio whereas they would be required by by-law.

B 2021-069 & A 2021-144 to 145 - 86 Whitney Place  

Permission to sever a parcel of land having a width of 10.74m, a depth of 21m, and an area of 226.8sq.m. The retained land will have a width of 10.747m, a depth of 21.022m, and an area of 226.9sq.m. Permission is further requested for minor variances for both the severed and retained lands to allow a rear yard setback of 6m on both the retained and severed lands rather than the required 7.5m; and, a total lot area of 226.9sq.s (retained lands) and 226.8sq.m. (severed lands) rather than the required 235sq.m. The existing dwelling is proposed to be demolished and duplexes are proposed to be constructed.

• 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.
• 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 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 Sarah Goldrup at sarah.goldrup@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 26^th day of November, 2021.

Sarah Goldrup

Acting Secretary-Treasurer

Committee of Adjustment