Committee of Adjustment Meeting - Tuesday, July 19, 2022

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, JULY 19, 2022, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent.

The City of Kitchener has aligned with provincial changes to COVID-19 restrictions and City Hall is now open for in person services, but appointments are still being encouraged. The City remains committed to safety of our patrons and staff and continue to facilitate electronic meeting participation for members of the public.

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 2022-070 – Rosenberg Way & Amand Drive (Parts 1-6, Reference Plan 58R-21442)

Requesting a minor variance to the Zoning By-law to allow for a maximum building height of 12m rather than the required maximum 10.5m.

A 2022-072 – 177 Eden Oak Trail

Requesting a minor variance to the Zoning By-law to construct a detached additional dwelling unit in the northerly side yard of an existing single detached dwelling whereas the proposed location is not permitted by the By-law because it is a corner lot.

A 2022-073 – 10 Langton Drive

Requesting a minor variance to the Zoning By-law to construct a covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.8m rather than the required 4m.

A 2022-074 – 240 Chapel Street

Requesting a minor variance to the Zoning By-law to legalize the existing single detached dwelling having an easterly side yard setback of 0.4m rather than the required 1.2m in support of the construction of a detached additional dwelling unit.

A 2022-075 – 50 Otterbein Road

Requesting a minor variance to the Zoning By-law to develop a vacant lot into an 8-storey multi-residential building with 194 units having a maximum Floor Space Ratio (FSR) of 2.45 rather than the required maximum of 2.

A 2022-076 – 95 Patricia Avenue

Requesting a minor variance to the Zoning By-law to allow for the conversion of the existing single detached dwelling into a duplexed dwelling having a driveway width of 6.5m rather than the permitted maximum 6.09m; and, off-street parking space located 2.9m from the street line rather than the required 6m.

A 2022-077 – 211 Pioneer Tower Road

Requesting consent to enlarge or extend a legal non-conforming use to facilitate the construction of a one-storey storage shed whereas a shed would not be permitted by the Zoning By-law because the lot is designated a Natural Conservation Zone (NHC-1).

A 2022-078 – 125 Uplands Drive

Requesting a minor variance to the Zoning By-law to construct an attached garage by enclosing the existing attached car port to a single detached dwelling having a southerly side yard setback of 1m rather than the required 1.2m.

A 2022-079 – 31 Monterey Road

Requesting a minor variance to the Zoning By-law to convert the garage of an existing single detached dwelling into a home office space having an off-street parking space 3.2m from the street line rather than the required 6m.

A 2022-080 – 64 Wilhelm Street

Requesting a minor variance to the Zoning By-law to legalize the driveway of an existing single detached dwelling having off-street parking 0m from the street line rather than the required 6m to support the construction of a detached additional dwelling unit in the northerly side yard.

A 2022-081 – 149-151 Ontario Street North & 21 Weber Street West

Requesting a minor variance to the Zoning By-law to develop an office and residential building into a mixed-use residential building with 230 units having an off-street parking ratio of 0 parking spaces/unit rather than the required 0.165 spaces/unit (19 spaces total) for units larger than 50sq.m.; and, an off-street parking ratio of 0 parking spaces/unit rather than the required 1 space/unit (115 spaces total) for units smaller than 50sq.m.

A 2022-082 – 544 Bridgeport Road

Requesting a minor variance to the Zoning By-law to construct a second mixed-use residential building with 96 units identified as Construction Phase II on the subject property having an off-street parking ratio of 0.75 parking spaces/unit (72 spaces total) rather than the required 1 space/unit (96 spaces total).

A 2022-083 – 99 Becker Street

Requesting a minor variance to the Zoning By-law to construct an additional unit for an existing multi-residential building with 11 units having an having an off-street parking ratio of 1.15 parking spaces/unit (14 spaces total) rather than the required 1.5 space/unit (18 spaces total); parking located between the façade 3m from the front lot line whereas that is not permitted by the By-law; and, off-street parking space 0m from the street line rather than the required 3m.

A 2022-084 to A 2022-088 – 26, 28, 30, 32 and 34 Pony Way (Units 21 to 25)

Requesting a minor variance to the Zoning By-law to construct decks in the rear yard of five attached townhouse dwelling units having a rear yard setback of 2.5m rather than the required 4m; and, a deck exceeding 0.6m in height due to grading, to be located a minimum of 2.5m from the rear lot line, rather than the required 4m.

A 2022-089 to A 2022-094 – 3, 11, 13, 21, 23 and 29 Shaded Creek Drive

Requesting a minor variance to the Zoning By-law to develop a vacant lot into 3 blocks of attached townhouse dwellings where the end units of each block have, 6 units in total have a maximum garage width of 78% of the front façade rather than the required maximum 60%.

A 2022-095 – 165 Courtland Avenue East

Requesting a minor variance to the Zoning By-law to develop a vacant lot into a 4-storey multi-residential building with 30 units having an off-street parking ratio of 0.76 parking spaces/unit (23 spaces total) rather than the required 1.25 space/unit (38 spaces total); and, 10% of parking to be designated visitor parking (2 parking spaces) rather than the required 20% (5 parking spaces).

A 2022-096 – 247 Glasgow Street

Requesting a minor variance to the Zoning By-law to construct a 2-storey addition on an existing single detached dwelling having an easterly side yard setback of 3.6m rather than the required 4.5m.

A 2022-097 – 296 Highland Road East

Requesting a minor variance to the Zoning By-law to develop the existing commercial space into a dentist office having Health Clinic as a permitted use; and, for the Health Clinic to have a maximum gross floor area of 368 sq.m. rather than the maximum 300 sq.m. to allow the dental clinic to occupy the existing building.

B 2022-039 – 63 Stanley Avenue

Requesting consent to sever a parcel of land having a width of 13.7m, a depth of 45.5m and an area of 625.2sq.m. The retained parcel of land having a width of 16.7m, a depth of 45.5m and an area of 763.7sq.m. The parcel of land is to be severed so a single detached dwelling can be constructed on the vacant lot.

B 2022-040 & B 2022-041 – 452 & 456 Prospect Avenue

Requesting consent to sever a portion of the rear yard of 452 Prospect Avenue to convey the lands to 456 Prospect Avenue and sever the rear yard of 456 Prospect Avenue combined with the conveyed lands to create a new lot fronting onto Broadview Avenue for the construction of single detached dwelling. The combined severed parcel of land having a width of 25.2m, a depth of 24.5m and an area of 617sq.m. The retained parcel of land municipally addressed ­as 456 Prospect Avenue having a width of 12.2m, a depth of 38.2m and an area of 465.7sq.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 Dianna Saunderson up at dianna.saunderson@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 30^th day of June, 2022.

Dianna Saunderson

Secretary-Treasurer

Manager, Council & Committee Services/Deputy Clerk