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, January 18, 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 2022-001 - 85 Green Valley Drive

Permission to reconstruct the parking structure for an existing multi-residential 10 storey, 95-unit building, having 1.1 parking space per unit (105 spaces), including visitor parking, rather than the required 1.5 parking spaces per unit (143 spaces), including visitor parking; 6 visitor parking spaces rather than the required 29 spaces; and, 4 visitor parking spaces and portions of barrier free parking to be located within front yard between the front building façade and front lot line where as the By-law does not permit parking within 6m setback.

A 2022-002 - 79-87 Scott Street, 66-82 Weber Street East, & 12-29 Pearl Place

Permission to provide for a restaurant having 0 parking spaces rather than the required 1spaces/9.5 sq.m. (30 parking spaces).

A 2022-003 - 53 Margaret Avenue

Permission to legalize an existing triplex dwelling on a lot having an area of 432 sq.m. rather than the required 495 sq.m.; a setback from Maynard Street of 2.75m rather than the required 4.5m; a rear yard setback of 3.5m rather than the required 7.5m; having 3 off-street parking spaces located between the building facade and the side lot line abutting Maynard Street whereas the By-law does not permit parking between the facade and front lot line; the required off-street parking to be located 0m from the side lot line abutting Maynard Ave rather than the required 3m; and, the 3 off-street parking spaces to have a depth of 4.3m rather than the required 5.5m.

A 2022-004 - 470 Blair Creek Drive

Permission to install stairs on the northerly side yard of the existing single detached dwelling having a side yard setback of 0.35m rather than the required 0.75m to support the conversion to a duplex dwelling with a separate entrance.

A 2022-005 - 86 Chestnut Street

Permission to convert an existing garage in the rear yard of an existing single detached dwelling into an accessory dwelling unit on a lot having a width of 12.19m rather than the required 13.1; and, to legalize a northly side yard setback of 1.03m rather than the required 1.2m.

A 2022-006 - 49 Lower Mercer Street

Permission to convert an existing single detached dwelling into a duplex having the 2 required off-street parking located 0m from the front lot line rather than the required setback of 6m.

A 2022-007 - 110 Manitou Drive

Permission to add the use for accessory retail sales to the warehouse use on the subject lands to occupy a Gross Floor Area (GFA) of 22% (130 sq.m. GFA) of the existing building.

A 2022-008 - 210 Waterloo Street

Permission to construct a two-storey addition and deck in the rear of an existing single detached dwelling having a northerly side yard setback of 0.7m rather than the required 1.2m; a southerly side yard setback of 0.6m rather than the required 1.2m; and, to legalize an existing driveway having a southerly side yard setback of 0m rather than the required 0.6m.

A 2022-009 - 764 Stirling Avenue South

Permission to convert the existing duplex into a triplex as part of an existing multi-residential development, the triplex building having a front yard setback from Stirling Avenue South of 6.02m rather than the required 10m; and, a parking rate of 1.4 spaces per dwelling unit rather than the required 1.5 spaces per unit.

A 2022-010 - 129 Max Becker Drive

Permission to construct a single-storey sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 5.97m rather than the required 7.5m.

B 2022-001 - 26 Edgewood Drive

Permission to sever a parcel of land so each lot would contain one newly constructed semi-detached dwelling. The severed land identified as red on the plan submitted with the application having a width of 7.93m, a depth of 30.48m, and an area of 241.7sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.93m, a depth of 30.48m, and an area of 241.7sq.m.

B 2022-002 - 670 Fairway Road South

Permission for a lease in excess of 21 years for a restaurant and drive-thru, the subject property a width of 29.069m, a depth of 67.265m, and an area of 1881.35sq.m.

B 2022-003 - 74 Rutherford Drive

Permission to sever a parcel of land identified in red on the plan submitted with the application having a width of 11.43m, a depth of 60.35m, and an area of 689.8sq.m. The retained land identified as green on the plan submitted with the application having a width of 11.43m, a depth of 60.35m, and an area of 689.8sq.m. The parcels are intended for duplex dwellings.

B 2022-004 to B 2022-006 - 32 Burgetz Avenue

Permission to sever a parcel of land to provide for the construction of 2 semi-detached dwellings on 4 lots.

B 2022-004 – (Severed Lot - Part 1)

Width - 6.89m

Depth - 29.147m

Area - 201.7sq.m.

 

B 2022-005 – (Severed Lot - Part 2)

Width - 6.99m

Depth - 28.829m

Area - 202.4sq.m.

B 2022-006 – (Severed Lot Part 3)

Width - 6.87m

Depth - 28.516m

Area - 197sq.m.

 

Retained Lot – (Part 4)

Width - 6.7m

Depth - 28.275m

Area - 207.8sq.m.

  • 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 31st day of December, 2021.

Sarah Goldrup

Acting Secretary-Treasurer

Committee of Adjustment