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.

 

 

Kitchener City Hall

200 King St W

Box 1118

Kitchener ON  N2G 4G7

519-741-2203

CofA@kitchener.ca

 

 

TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY June 15, 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 on the front of your envelope 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 June 14, 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 June 15, 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 2021-047 - 68 Guerin Avenue

Permission to reconstruct a deck in the side yard abutting Guerin Avenue on an existing semi-detached dwelling having a rear yard setback of 2.81m rather than the required 4m; and, a side yard setback of 4.26m rather than the required 4.5m.

 

A 2021-048 - 93 Michener Crescent

Permission to construct a two car garage addition in the rear yard of an existing single detached dwelling having a rear yard setback of 1.49m rather than the required 7.5m; and, to legalize an existing driveway width of 12.53m rather than the maximum permitted driveway width of 8m.

 

A 2021-049 - 279 Sheldon Avenue North

Permission to legalize a covered deck in the rear yard of a single detached dwelling having a westerly side yard setback of 0.55m rather than the required 1.2m.

 

A 2021-050 - 4 Dekay Street

Permission to construct a 1-storey addition in the rear yard of an existing single detached dwelling having a rear yard setback of 1.2m rather than the required 7.5m; and, for the required parking to be located 1.6m from the street rather than the required 6m.

 

A 2021-051 - 185 Simeon Street

Permission to construct a 2-storey rear yard addition on an existing single detached dwelling having a northerly side yard setback of 0.88m rather than the required 1.2m.

 

 

 

 

A 2021-052 - 74 Chestnut Street

Permission to construct a 2-storey addition and garage in the rear yard of an existing single detached dwelling having a side yard abutting Mansion Street of 0.88m rather than the required 4.5m; an uncovered porch having a 0m setback from Mansion Street rather than the required 4.5m; a raised covered deck having a height of 1.2m to be located 0.6m from the southerly lot line rather than the required 1.2m; the required off-street parking space and detached garage to be located 1.41m from the property line rather than the required 6m; and, to allow the proposed addition to encroach 3.57m within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. The existing rear yard deck, addition and shed are proposed to be demolished.

 

A 2021-053 - 12 Blucher Street

Permission for an existing single detached dwelling to have a driveway located in the rear yard, accessed by a side yard easement whereas the By-law requires driveways to lead directly to the street; and, to located the required off-street parking spaces 0.6m from the lot line rather than the required 6m.

 

A 2021-054 - 74 Paddock Court

Permission to construct an accessory building in the rear yard of an existing single detached dwelling, the accessory building to have a maximum building height of 7.77m rather than the permitted maximum height of 5.5m; and; the underside of the fascia to be 5.2m rather than the maximum permitted 3m.

 

A 2021-055 - 41 Heiman Street

Permission for a single detached dwelling under construction to have the vertical support post for the covered porch to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the 4.5m DVT; and, and, a minimum side yard setback for a driveway leading to the required parking space of 2.89m rather than the required 3m.

 

A 2021-056 - 29 Brunswick Avenue

Permission to construct a 2-storey addition in the rear yard of an existing single detached dwelling having a rear yard setback of 7.2m rather than the required 7.5m; and, side yard abutting Guelph Street of 4.06m rather than the required 4.5m. The existing garage is proposed to be demolished.

 

B 2021-029 - 196 Sydney Street South

Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 8.7m, a depth of 28.9m and an area of 248 sq.m. The retained land will have a width of 8.7m, a depth of 27.6m and an area of 242 sq.m. The existing dwelling will be demolished.

 

B 2021-030 - 509 Mill Street

Permission to sever a parcel of land having a width on Mill Street of 12.8m, a depth of 64m and an area of 801 sq.m. to be conveyed as a lot addition to the property municipally addressed as 485 Mill Street. Both parcels will continue to be industrial employment use.

 

B 2021-031 & B 2021-032 - 425 Bingemans Centre Drive

Permission to sever a parcel of land identified as Part 1 on the plan submitted with the application having a width on Bingemans Centre Drive of 302.72m, a westerly depth of 288.69m and an area of 7.891 hectares. Permission is also being requested to grant an irregular shaped easement having a total area of 0.91 hectares on the retained lands over Part 3 in favour of the severed lands for storm services; and, to grant an access easement over Part 2 having a width on Bingemans Centre Drive and a total area of 0.863 hectares.

 

B 2021-033, A 2021-057 & A 2021-058 - 269-271 Madison Avenue South & 184 Mill Street

Permission is being requested to sever a parcel of land municipally addressed as 184 Mill Street having a width of 13m, a depth of 18.4m and an area of 221 sq.m. The retained land municipally addressed is 269-271 Madison Avenue South is irregular in shape having a width on Madison Avenue South of 22m, an approximate depth of 29.3m and an area of 732 sq.m. Permission is also being requested for minor variances for the retained land to legalize an existing northerly side yard setback of 0.4m rather than the required 1.2m; a parking rate of 0.3 parking spaces per unit rather than the required parking rate of 1.5 parking spaces per unit; and, to allow 0 barrier free parking spaces rather than the required 1 barrier free parking spaces. Permission is also requested for minor variances for the severed land to permit a southerly side yard setback of 0.9m rather than the required 1.2m; a rear yard setback of 5m rather than the required 7.5m; and, a lot area of 221 sq.m. rather than the required 235 sq.m.

 

 

 

 

 

 

 

 

B 2021-034, B 2021-035, A 2021-059 & A 2021-060 - 297 Ottawa Street South

Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 15.85m, a depth of 15.26m and an area of 258 sq.m. The retained land will have a width of 15.26m, a depth of 16.76m and an area of 239 sq.m. Permission is also required to grant for easements on both the severed and retained lands between the semi-detached dwellings on the common property line having a width of 1.5m on each property for maintenance purposes. Permission is also requested to grant minor variances for the severed land to permit the dwelling to be used as a “Semi-Detached Duplex Dwelling” whereas the By-law does not permit a “Semi-Detached Duplex Dwelling”; and, to have a rear yard setback of 1.4m rather than the required 7.5m. Permission is also requested to grant minor variances for the retained land to permit the dwelling to be used as a “Semi-Detached Duplex Dwelling” whereas the By-law does not permit a “Semi-Detached Duplex Dwelling”; to allow two pedestrian entrances to remain on the street line façade whereas the By-law only permits 1 entrance for a Semi-Detached dwelling; and, to allow a parking spaces within the garage to be 2.8m wide rather than the required 3m.

 

  • 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 on 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 Local Planning Appeal Tribunal (LPAT) 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 CofA@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 May, 2021.

 

Dianna Saunderson

Secretary-Treasurer

Committee of Adjustment

 

THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON May 28, 2021.