Committee of Adjustment Meeting - Tuesday, July 18, 2023

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, JULY 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 2023-076 - 912 Otterbein Court

Requesting a minor variance to the Zoning By-law to permit a rear yard setback of 3.0m rather than the required 7.5m, to facilitate the construction of an attached, covered, unenclosed roof structure in the rear yard of an existing single detached dwelling.

A 2023-077 - 176 Indian Road

Requesting a minor variance to the Zoning By-law to permit a rear yard setback of 3.81m rather than the required 7.5m, to facilitate the conversion of a single detached dwelling with one Additional Dwelling Unit (ADU) (Attached) into a single detached dwelling with two Additional Dwelling Units (ADU) (Attached).

A 2023-078 - 35 Fifth Avenue

Requesting a minor variance to the Zoning By-law to permit a lot width of 12.0m rather than the required 13.1m, and, to permit a garage width of 6.5m rather than the permitted 4.9m, to facilitate the conversion of a single detached dwelling into a single detached dwelling with two Additional Dwelling Units (ADUs) (Attached).

A 2023-079 - 55 Rockcliffe Drive

Requesting a minor variance to the Zoning By-law to permit an external unit to have a lot width of 7.5m rather than the required 9.5m; and, an easterly side yard setback of 1.25m rather than the required 2.5m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Attached) within an existing street townhouse dwelling.

A 2023-080 - 15 Dellroy Avenue

Requesting a minor variance to the Zoning By-law to facilitate the construction an 18-storey mixed-use building with residential and commercial uses having a front yard setback of 1.0m rather than the required 3.0m, a northerly side yard setback of 0.0m for covered bike parking rather than the required 4.5m; to permit 0.6 parking spaces per dwelling unit rather than the required 1 parking space per dwelling unit, and 0.08 visitor parking spaces per dwelling unit rather than the required 0.10 visitor parking spaces per dwelling unit; to permit support columns to encroach into the Driveway Visibility Triangles (DVT) abutting Weber Street East, whereas the By-law does not permit encroachments into the DVT; to permit the second floor of the proposed building to encroach into a DVT whereas the Zoning By-law does not permit obstructions within a DVT, except for objects 0.9m or less in height from the ground or objects higher than 5.0m in height from the ground; and, to permit parking spaces and drive aisles to be located on the ground floor of a multiple dwelling building not entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade whereas the Zoning By-law requires that all parking spaces and drive aisles on the ground floor of a multiple dwelling building be located entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade.

A 2023-081 - 333 Pine Valley Drive

Requesting a minor variance to the Zoning By-law to permit an accessory structure to have a height of 4.5m to the underside of the fascia rather than the maximum permitted 3.0m, to facilitate the construction of a cabana structure in the rear of the property.

A 2023-082 - 685 Frederick Street

Requesting a minor variance to the Zoning By-law to permit an easterly side yard setback of 1.0m rather than the required 1.2m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the property.

A 2023-083 - 15 Kenora Drive

Requesting a minor variance to the Zoning By-law to permit a required parking space to be located 2.6m from the street (property) line rather than the required 6.0m, to facilitate the conversion of an attached garage into a living space; and, to permit an existing accessory structure (a shed) in the exterior side yard, whereas the Zoning By-law does not permit accessory structures in the exterior side yard.

A 2023-084 - 151 Frederick Street

Requesting a minor variance to Zoning By-law 85-1 to permit a restaurant patio to be located in the side yard abutting Irvine Street having a 22.0m setback from a 'Residentially Zoned' property rather than the minimum required 30.0m.

A 2023-085 - 920 Keewatin Place

Requesting a minor variance to the Zoning By-law to permit an accessory structure (Garden Arbour) to be located within the front yard whereas the Zoning By-law does not permit accessory structures in the front yard.

A 2023-086 - 59 Graber Place

Requesting a minor variance to the Zoning By-law to permit an accessory outdoor storage for 'utility' use in a yard abutting a residential zone, whereas the Zoning By-law does not permit accessory outdoor storage for 'utility' use in a yard abutting a residential zone.

B 2023-025 - 97 Second Avenue

Requesting consent to sever a parcel of land having a width of 9.4m, a depth of 40.0m and an area of 377sq.m. The retained land will have a width of 13.1m, a depth of 40.0m and an area of 525sq.m. The severed land is proposed for a single detached dwelling, while the retained land will contain the existing single detached dwelling.

B 2023-026 & A 2023-087  - 30-40 Margaret Avenue

Requesting consent to sever a parcel of land identified as Part 2 on Reference Plan 58R-17705, having a width of 1.8m, a depth of 57.5m, and an area of 103.5sq.m, to be conveyed as a lot addition to the adjacent properties municipally addressed as 12 Margaret Avenue and 116 Queen Street North, in order for the entirety of an existing shared access lane to be under the ownership of the Church of the Good Shepherd. A minor variance to Zoning By-law 85-1 is also requested, to permit access steps with a height of 1.2m within 3.0m of a street line, whereas the Zoning By-law only permits steps with a maximum height of 0.6m within 3.0m of a street line; to permit 1.1 parking spaces per dwelling unit rather than the required 1.25 parking spaces per dwelling unit; to permit 12.9% of the total required parking to be designated for visitor use rather than the minimum required 20%; and, to permit an easterly side yard setback of 3.6m rather than the required 6.0m; and, to permit a front yard setback of 3.47m rather than the required 4.5m, to facilitate the construction of 47 dwelling units having 23 rear lane access townhouses facing Margaret Avenue, and 24 townhouse units facing an internal private lane, in accordance with Site Plan Application SP22/187/M/AP. 

• 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 30^th day of June, 2023.

Marilyn Mills

Secretary-Treasurer

Committee of Adjustment