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, June 21, 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 2022-060 – 1680 Victoria Street North
Requesting a minor variance to the Zoning By-law to legalize the existing driveway of a commercial warehouse having a setback of 1m from the street line rather than the required 3m.
A 2022-061 – 15 Palace Street
Requesting a minor variance to the Zoning By-law to develop a vacant lot into an 8-storey apartment building with 266 units having a building height of 26.3m rather than the required maximum of 24m; and, 0.86 parking spaces/unit rather than the required 0.9 spaces per unit.
A 2022-062 – 619 Stirling Avenue South
Requesting a minor variance to the Zoning By-law to construct a deck in the rear yard of an existing single detached dwelling greater than 0.6m in height having a northerly side yard setback of 0m rather than the required 1.2m.
A 2022-063 – 145 Byron Avenue
Requesting a minor variance to the Zoning By-law to convert an existing garage to a duplexed dwelling into a detached additional dwelling unit having a northerly side yard setback of 0.7m rather than the required 1.2m; and, the building floor area for the detached additional dwelling unit being 52.6% of the duplexed dwelling rather than the maximum 50%.
A 2022-064 – 79 Stanley Avenue
Requesting a minor variance to the Zoning By-law to demolish the existing garage and construct a new attached garage and recognize the location of the existing driveway abutting Stanley Avenue and Tagge Street having a northerly side yard setback abutting a street of 1m rather than the required 6m; and, a driveway on a corner lot being located 1.6m from the intersection of street lines rather than the required 9m.
A 2022-065 – 5-305 Briarmeadow Drive
Requesting a minor variance to the Zoning By-law to construct a sunroom addition in the rear yard of an existing townhouse dwelling unit having a rear yard setback of 6m rather than the required 7.5m; an easterly side yard setback of 1m rather than the required 2.5m; and, a westerly side yard setback of 2m rather than the required 2.5m.
A 2022-066 – 10 Castlebay Street
Requesting a minor variance to the Zoning By-law to construct a landing and steps for a side yard entrance to support the conversion of a single detached dwelling into a duplex having a southerly side yard setback of 0.3m rather than the required 0.7m.
A 2022-067 – 58 Brubacher Street
Requesting a minor variance to the Zoning By-law to convert an existing garage to a detached duplexed dwelling into a detached additional dwelling unit having an easterly side yard setback of 0.5m rather than the required 0.6m.
A 2022-068 – 49 Queen Street North
Requesting a minor variance to the Zoning By-law to convert an existing religious institution into a religious institution and a multiple dwelling building having residential units located on the ground floor of a mixed use building whereas they are not permitted by the By-law; and, reduction of the existing parking spaces from 34 to 26 to support the conversion of a portion of the existing church space into 42 affordable residential units with associated support staffing areas, and amenity and community space.
A 2022-069 – 92 River Road East
Requesting a minor variance to the Zoning By-law to demolish the existing single detached dwelling to construct a 5-storey apartment building containing 14 units having a northerly yard setback of 3.5m rather than the required 6m; an easterly side yard setback of 1.5m rather than the required 6m; a lot width of 19.6m rather than the minimum required 30m; an off-street parking ratio of 1.14 parking spaces/unit (16 spaces total) rather than the required 1.75 spaces/unit (25 spaces total); and, a Floor Space Ratio (FSR) of 2.1 instead of the maximum permitted 2.0.
A 2022-071 – 17 Benton Street
Requesting a minor variance to the Zoning By-law to renovate the existing 3-storey commercial building commonly known as ‘Hans House’ for office/retail uses and to add an additional storey to having a 0m setback to a lane rather than the required 1m; and, a Floor Space Ratio (FSR) of 3.2 instead of the maximum permitted 2.0.
B 2022-035 – 5 South Drive
Requesting consent to sever a parcel of land having a width of 9.6m, a depth of 38.2m and an area of 378.5sq.m. The retained parcel of land having a width of 9.6m, a depth of 40.8m and an area of 410.1sq.m. The parcel of land is to be severed so the existing single detached dwelling can be demolished and new duplexed dwellings constructed on each lot.
B 2022-036 to 038 – 9 Pleasant Avenue
Requesting consent to sever the parcel of land into 4 residential lots. The parcel of land is to be severed and the existing single detached dwelling demolished to construct 2 detached dwellings and 1 semi-detached dwelling on two lots.
B 2022-036 – (Severed Lot - Part 1) Width – 15.2m Depth – 44.3m Area – 463.1sq.m.
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B 2022-037 – (Severed Lot - Part 2) Width – 8.5m Depth – 39.5m Area – 313.1sq.m. |
B 2022-038 – (Severed Lot - Part 3) Width – 10.8m Depth – 33.5m Area – 365.2sq.m.
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Retained Lot – (Part 4) Width – 10.4m Depth – 27.5m Area – 317.4sq.m.
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- 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 3rd day of June, 2022.
Sarah Goldrup
Secretary-Treasurer
Committee of Adjustment