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 TUESDAY, FEBRUARY 15, 2022, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance 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 CofA@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 2022-006 - 49 Lower Mercer Street (Amended)
Permission to convert an existing semi-detached dwelling into a duplex having the 1 of required off-street parking spaces located 0m from the front lot line rather than the required setback of 6m; and, to permit a second pedestrian entrance on the street line façade facing Lower Mercer Street whereas a second entry is not permitted by the By-law.

A 2022-011 - 43 Maurice Street
Permission to legalize an existing 4-unit multi-residential dwelling having 3 off-street parking spaces rather than the required 4 off-street parking spaces; a driveway setback of 8.2m from the corner of Maurice Street and Sydney Street South rather than the required 9m; a lot width of 12.15m rather than the required 15m; parking located within 3m of the street line along the side yard; a side yard abutting Sydney Street South of 1.8m rather than the required 3m; and, a deck having a side yard setback of 0.4m rather than the required 3m.

A 2022-012 - 158 Forest Creek Drive
Permission to construct raised steps in the southerly side yard of an existing single detached dwelling having a side yard setback of 0.15m rather than the required 0.75m to support the conversion of the dwelling into a duplex with a separate entrance for the basement unit.

A 2022-013 - 41 Moore Avenue
Permission to construct a two-storey single detached dwelling and detached garage on a vacant lot having a lot width of 4.57m rather than the required 9m; a maximum front yard setback of 39.5m rather than the maximum permitted 4.6m; an accessory structure (garage) located closer to the front lot line than the front face of the principle building on the property; and, a driveway having a width of 8.53m rather than the permitted maximum 5.2m.

A 2022-014 - 21-39 Benninger Drive
Permission to construct a 10-unit street-fronting townhouse development with three of the proposed units 31, 33 and 39 Benninger Drive to have a maximum garage width of 78% of the unit façade rather than the required 70%.

A 2022-015 - 25 Brock Street
Permission to construct an addition in the rear yard of a single detached dwelling having a westerly side yard setback of 0.6m rather than the required 1.2m.

A 2022-016 - 1768 Ottawa Street South
Permission to demolish and reconstruct a wellhouse facility having a westerly side yard setback of 0.77m and an easterly side yard setback of 1.15m rather than the required 7.5m; and, a rear yard setback of 2.38m rather than the required 7.5m.

A 2022-017 - 86 Cedar Street
Permission to convert the existing interior space on the ground floor into an additional dwelling unit within a multi-residential dwelling unit (80 units total) having 10 visitor parking spaces rather than the required 20 spaces; 86 parking spaces rather than the required 98 spaces for 80 dwelling units (2 units with a Gross Floor Area of 51 sq.m. or less); a landscaped area of 17.8% rather than the minimum 20%; and, ground floor dwelling units without an exclusive use patio area.

B 2022-007 - 654 Rockway Drive
Permission to sever a parcel of land having a width of 16.5m, a depth of 32.4m and an area of 525 sq.m. The retained land will have a width of 16.5m, a depth of 32.4m and an area of 525 sq.m. The existing structure is proposed to be demolished for the construction of new single detached dwellings on each lot.

B 2022-008 - 442 Old Chicopee Trail
Permission to sever a parcel of land having a width of 18.288m, a depth of 49.68m and an area of 908.54 sq.m. The retained land having a width of 21.947m, a depth of 74.68m and an area of 1639 sq.m. The parcels are intended for single detached dwellings.

B 2022-009 - 114 Doon Valley Drive
Permission to sever a parcel of land having a width of 18.3m, a depth of 60m and an area of 1098 sq.m to be conveyed as a lot addition to the property municipally addressed as 136 Doon Valley Drive. The retained will have a width of 20.4m, a depth of 55.2m and an area of 965 sq.m. The proposed lot addition is intended to provide additional rear yard amenity space and is not intended for development.

B 2022-010 - 113 Walter Street
Permission to sever a parcel of land so each half of a semi-detached duplex dwelling can be dealt with separately. The severed a parcel of land will have a width of 7.62m, a depth of 44.196m and an area of 336.8 sq.m. The retained land identified as red on the plan submitted with the application having a width of 7.620m, a depth of 44.196m and an area of 336.8 sq.m.

B 2022-011 - 44 Wilhelm Street
Permission to sever a parcel of land having a width of 7.62m, a depth of 36.61m and an area of 291.4sq.m. The retained land will have a width of 7.62m, a depth of 38.50m and an area of 306.4sq.m. The existing single detached dwelling is proposed to be demolished for the construction of a new semi-detached duplexed dwelling.

B 2022-012 & B 2022-013 - 20 & 30 Breithaupt Street
Permission to sever a parcel of land having a width of 11.984m, a depth of 48m and an area of 567.5 sq.m. to be conveyed as a lot addition to the property municipally addressed as 30 Breithaupt Street; and, permission for a partial discharge of mortgage on severed and retained lands. Both parcels are intended for office development.

A 2022-018, A 2022-019 & B 2022-014 - 81 Shanley Street
Permission to sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed parcel of land will have a width of 8.73m, a depth of 38.01m, and an area of 330 sq.m. The retained land will have a width of 8.73m, a depth of 38m, and an area of 330 sq.m. Permission is also being requested for minor variance for the severed lot to permit maximum front yard setback of 6m rather than the maximum permitted 4m. Permission is also being requested for the retained land to have a maximum front yard setback of 6m rather than the maximum permitted 4m.

• 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 28th day of January 2022.

Sarah Goldrup
Acting Secretary-Treasurer
Committee of Adjustment