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, JUNE 18, 2024, 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 2024-044 – 160 Webster Road

Requesting permission to expand a legal non-conforming 'Heavy Industrial - Sale, Rental and Service of Industrial Equipment' use currently 1,258.98 sq.m. in a 'Heavy Industrial Zone (EMP-3)', to expand by 128.76 sq.m. to facilitate the enclosure an existing open loading area, in accordance with Conditionally Approved Site Plan Application SP24/012/W/AA.

A 2024-045 – 3 Ivy Lane Court

Requesting a minor variance to permit a rear yard setback of 3.0m rather than the minimum required 7.5m to facilitate the construction of a 1-storey addition at the rear of the existing single detached dwelling to provide additional living space.

A 2024-046 – 59 Cartier Drive

Requesting a minor variance to permit an interior side yard setback of 0.6m rather than the minimum required 1.2m to facilitate the construction of a 1-storey addition at the rear of an existing semi-detached duplex dwelling.

A 2024-047 – 948 Chapel Hill Court

Requesting a minor variance to permit a rear yard setback of 2.4m rather than the minimum required 4.0m to permit the construction of an unenclosed rear deck, greater than 0.6m in height, onto a detached dwelling.

A 2024-048 – 101 Breckenridge Drive

Requesting a minor variance to permit an interior side yard setback of 1.2m rather than the minimum required 2.5m to facilitate the construction of a rear yard addition on an existing townhouse dwelling.

A 2024-049 – 174 Wellington Street North

Requesting minor variances to By-law 2019-051 to facilitate the conversion of a semi-detached dwelling (2 dwelling units) into a semi-detached duplex (4-unit multiple dwelling) on a lot having a lot area of 448 sq.m. rather than the minimum required 495 sq.m; a front yard setback of 0.98m rather than the minimum required 4.5m; a westerly side yard setback of 2.5m rather than the minimum required 3.0m; an easterly side yard setback of 2.4m rather than the minimum required 3.0m; a landscaped area of 15% rather than the minimum required 20%; to not provide private patios for the ground floor units whereas the zoning by-law requires a private patio be provided; as well as, minor variances to By-law 2024-074 to permit a rear yard landscaped area of 24% rather than the minimum required 30%; and, to permit a front yard setback of 0.98m rather than the minimum required 4.5m.

B 2024-010 – 578 Guelph Street

Requesting permission to sever a parcel of land having a lot width of 9.1m, a lot depth of 36.5m  and an area of 334.5 sq.m., the retained land will have a width of 9.1m, a lot depth of 36.5m, and an area of 334.5 sq.m. The single detached dwelling is proposed to be demolished and 2 duplex dwellings are proposed to be constructed.

B 2024-011, B 2024-012, A 2024-050 and A 2024-051 - 47, 51, 55, 63 & 75 Charles Street East & 42 & 50 Eby Street South

Requesting permission to sever two parcels of land and retain one parcel to facilitate the development of 2 new mixed- use buildings. “Severed Parcel 1” as identified on the plan submitted with the application, will have a width on Charles Street East of 73.5m, a depth of 38.1m and an area of 2790 sq.m.; and, permission to grant an easement over the newly proposed easterly lot line of “Severed Parcel 1” having a maximum overall width of 7.3m in favour of “Severed Lot 2” (Properties municipally addressed as 51 and 75 Charles Street East) for the purpose of access. Permission is also being requested for minor variances for “Severed Parcel 1” to permit 0 parking spaces per dwelling unit whereas 0.2 parking spaces are required, to facilitate a 7-storey, 103-unit supportive affordable housing development as outlined in Site Plan Application SP24/013/C/TS.  “Severed Parcel 2” as identified on the plan submitted with the application will have a width on Charles Street East of 31.8m, a depth of 43.58m, and an area of 1680 sq.m.; and, permission to grant an easement over the newly proposed westerly lot line of “Severed Parcel 2” having a maximum overall width of 7.3m in favour of “Severed Lot 1” (Properties municipally addressed as 51 and 75 Charles Street East) for the purpose of access. Permission is also being requested for minor variances for “Severed Parcel 2” to to permit 0 parking spaces per dwelling unit whereas 0.2 parking spaces are required; and, to permit 1 space per 140 sq.m. of office space, whereas as the By-law requires 1 space per 90 sq.m. of office space, to facilitate a 10-storey, 69-unit affordable housing and retail/office development as outlined in Site Plan Application SP24/023/K/TS. The retained land (municipally addressed as 50 Eby Street South) will have a width on Eby Street of 20.18m, a depth of 64.93m, and an area of 2120 sq.m. and existing building will remain.

  • 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 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 Mariah Blake at mariah.blake@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 31st day of May, 2024.

Mariah Blake

Acting Secretary-Treasurer

Committee of Adjustment