Committee of Adjustment - September 15, 2020

TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY, September 15, 2020 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 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 August 17, 2020. To register please email Dianna.Saunderson@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 August 18, 2020, 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.

 Even 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 2020-045 - 1283 Victoria Street North

Permission to convert an existing commercial building into a retail cannabis store in a C-6 Zone, whereas the By-law does not permit a retail use in a C-6 Zone; to legalize the existing side yard setback of 1.89m rather than the required 3m; and, to permit a 0.5m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT.

 A 2020-046 - 221 Vanier Drive

Permission to legalize an existing triplex in an R-3 Residential Zone, whereas the By-law does not permit a triplex in an R-3 Zone.

 A 2020-047 - 6 Pequegnat Avenue

Permission for the existing single detached dwelling to have the required parking space located within the garage to be 3.04m wide by 5.1m length rather than the required 3.04m wide by 5.49m length.

 A 2020-048 - 581 Strasburg Road

Permission for an existing multi-residential development containing 35-units to have balconies that are supported by the ground and extend 1.4m into the required 6m side yard setback, whereas the By-law does not permit encroachments into the side yard setback. The proposed setback for the proposed balconies is 4.6m.

 A 2020-049 - 26 Sixth Avenue

Permission to convert a single detached dwelling into a duplex having 1 required off-street parking space to have a width of 2.44m rather than the required 2.6m.

 A 2020-050 – 598, 604 and 608 Victoria Street South

Permission to construct a 24-unit stacked townhouse development having a front yard setback of 4.5m rather than the required 7.7m; having a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted FSR of 0.6; and, a parking rate of 1.15 parking spaces/per-unit (28 off-street parking spaces) rather than the required 1.75 parking spaces/per-unit (42 off-street parking spaces).

 A 2020-051 - 14 Tweedsmuir Court

Permission to construct a garage in the rear yard of an existing single detached dwelling, the proposed garage will have a height of 7.9m rather than the maximum permitted 5.5m; and, the underside of the fascia will have a height of 3.8m rather than the maximum permitted 3m.

 A 2020-052 - 261 Woodbine Avenue

Permission to construct an 86-unit stacked townhouse development having a building height of 11.3m rather than the maximum permitted 10.5m; having a vertical distance from the lowest finished grade of 120% rather than the maximum permitted 110%; and, to allow the required off-street parking not designated for visitor use to be located within the front façade of the building and the front lot line whereas the By-law does not permit the required off-street parking to be in front of the building façade.

 A 2020-053 - 80 McGee Avenue

Permission to construct a 3-storey multi-residential development containing 34-units having 1.18 off-street parking spaces/per-unit rather than the required 1.75 off-street parking spaces/per-unit; having 10% declared visitor parking rather than the required 15%; and, no exclusive patio area on the ground floor whereas the By-law requires an exclusive ground floor patio area. The current use of the building is multi-residential containing 19-units with ground floor commercial space.

 A 2020-054 - 115 Parkvale Drive

Permission to construct an uncovered, unenclosed deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.5m rather than the required 4m.

 A 2020-055 - 61 Irvin Street

Permission to convert a duplex into a triplex on a lot having a width of 12.9m rather than the required 15m; having a southerly side yard setback of 0.71m rather than the required 1.2m; a front yard setback of 4.28m rather than the required 4.5m; to permit 1 required parking space to have a width of 2.48m rather than the required width of 2.6m; to permit 2 required off-street parking spaces to be located between the front façade whereas the By-law does not permit parking between the front façade and the street line; and, to permit 2 required off-street parking spaces located in the front yard to have a length of 4.28m rather than the required length of 5.49m.

 A 2020-056 - 49 Licthy Crescent

Permission to legalize an existing retaining wall in the rear yard of a single detached dwelling having a southerly side yard setback of 1.02m rather than the required 1.22m.

 A 2020-057 - 114 Blair Creek Drive

Permission to construct a covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 4.14m rather than the required 7.5m.

 A 2020-058 - 64 Grand Flats Trail

Permission to construct a single detached dwelling having a driveway located 7.93m from the intersection of Rivertrail Avenue and Grand Flats Trail rather than the required setback of 9m.

 A 2020-059 - 132 Wilhelm Street

Permission to construct a 1-storey addition in the front yard of an existing single detached dwelling having a front yard setback of 5.15m rather than the required 6.15m.

A 2020-060 - 36 Jacob Gingrich Drive

Permission to construct a sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 6.63m rather than the required 7.5m.

A 2020-061 - 35 Sheldon Avenue North

Permission to construct a 3-storey building in the rear yard of an existing single detached dwelling to convert the single detached dwelling into a residential care facility (use permitted by current Zoning) having a maximum front yard setback of 34.3m rather than the maximum permitted 7.5m; a minimum Floor Space Ratio (FSR) of 0.75 rather than the required FSR 1.0; to permit suites on the ground level of the residential care facility whereas the By-law does not permit suites to be located on the ground floor level; to permit a residential care facility with more than 9 residents without consolidating with the lands fronting onto King Street; and, to have a residential care facility with 5 off-street parking spaces rather than the required 6 off-street parking spaces.

A 2020-062 - 6 Willow Green Court

Permission convert a single detached dwelling into a duplex having 1 required off-street parking space located 2.3m from the street line rather than the required 6m.

 A 2020-063 - 353 Krug Street

Permission to legalize an existing carport in the easterly side yard of a single detached dwelling having a side yard setback of 0.6m rather than the required 1.2m.

 A 2020-064 - 193 Strange Street

Permission to construct a garage in the rear yard of an existing single detached dwelling having a side yard setback of 4.5m from Elm Street rather than the required 6m.  

 A 2020-065 - 192 Woowich Street

Permission to construct a garage in the northerly side yard of an existing single detached dwelling, with the garage having a side yard setback of 3m rather than the required 7.5m.

 A 2020-066 - 110-136 Fergus Avenue

Permission to construct a multi-residential condominium development having 0 barrier-free parking spaces for the first phase of the development rather than the required 1 barrier-free parking space. The required variance is intended to allow a phased-approach to condominium development.

 A 2020-067 - 297 Ottawa Street South

Permission to convert a single detached dwelling into a triplex having a southerly side yard setback of 0.3m rather than the required 4.5m; having parking located between the front façade and the street line whereas the By-law does not permit parking between the front façade and the street line; having a driveway located 0.3m from the intersection of Ottawa Street South and Acacia Street rather than the required setback of 9m; and, to legalize the existing driveway located  within the 7.2m Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments within the CVT.

 A 2020-068 - 175 Queen Street North

Permission to construct 3 additional residential units on the ground floor of an existing multi-residential dwelling having 1 off-street parking space/per-unit (165 off-street parking spaces) for a multi-residential dwelling totaling over 61-units, rather than the required 1.25 off-street parking spaces/per-unit (206 off-street parking spaces); having 6 off-street visitor parking spaces rather than the required 41 off-street visitor parking spaces (20% required); and, having 2 barrier-free parking spaces rather than the required 6 barrier-free parking spaces.

 A 2020-069 - 20 Hollybrook Trail

Permission to construct a single detached dwelling having a driveway located 7.0m from the intersection of Hollybrook Trail rather than the required setback of 9m.

 A 2020-070 - 43 Hollybrook Trail

Permission to construct a single detached dwelling having a driveway located 7.0m from the intersection of Forest Creek Drive and Hollybrook Trail rather than the required setback of 9m.

A 2020-071 - 158 Pondcliffe Drive

Permission to construct a single detached dwelling having a driveway located 7m from the intersection of Hollybrook Trail and Pondcliffe Drive rather than the required setback of 9m.

 A 2020-072 - 900 Pondcliffe Court

Permission to construct a single detached dwelling having a driveway located 6.4m from the intersection of Hollybrook Trail and Pondcliffe Court rather than the required setback of 9m; and, having a side yard setback abutting Hollybrook Trail for the front porch of 4m rather than the required 4.5m.

 A 2020-073 - 916 Pondcliffe Court

Permission to construct a single detached dwelling having a driveway located 7m from the intersection of Pondcliffe Court rather than the required setback of 9m; having a side yard setback abutting Pondcliffe Court for the covered front porch of 4m rather than the required 4.5m; and, a rear yard setback of 7m rather than the required 7.5m.

 B 2020-026 - 225 Fairway Road South

Permission for a lease in excess of 21 years to Chick-Fil-A for 3,486 sq.m. of the northwest corner of the subject property owned by Cadillac Fairview.

 B 2020-027 & B 2020-028 - 11 Chicopee Park Court

Permission to sever two parcels of land and retain one parcel for residential development. Severed Lot 1 identified on the plan submitted with the application will have a width of 9.666m, a depth of 35.956m and an area of 347.069 sq.m. Severed Lot 2 identified on the plan submitted with the application will have a width of 9.683m, a depth of 35.841 and an area of 345.841 sq.m. The retained land will have a width of 9.674m, a depth of 35.481m and an area of 344.158 sq.m.

 B 2020-029 - 442 Old Chicopee Trail

Permission to sever a parcel of land having a width of 18.288m, a northerly depth of 52.112m and an area of 933 sq.m. The retained land will have a width of 21.947m, a northerly depth of 74.777m and an area of 1382 sq.m.  Both parcels are intended for residential development.

 B 2020-030 - 58 Barbara Crescent

Permission to sever a parcel of land having a width of 9.441m, a depth of 49.255m and an area of 550.4 sq.m. The retained land will have a width of 9.442m, a depth of 49.255m and an area of 531.3 sq.m. Both parcels are intended for residential development.

 B 2020-031 - 500 Karn Street

Permission to sever a parcel of land having a width of 10.211m, a depth of 41.6m and an area of 439.5 sq.m. The retained land will have a width of 10.211m, a depth of 42.2m and an area of 439.3 sq.m. Both lots are intended for residential use; the existing dwelling will be demolished.

B 2020-032 - 160 Strange Street

Permission to sever a parcel of land having a width of 15.34m, a depth of 40.82m and an area of 630.48 sq.m. The retained land will have a with of 10.32m, a depth of 40.82m and an area of 414.54 sq.m. The retained land is proposed for a single detached dwelling and the severed parcel is intended for semi-detached dwellings.

B 2020-033 - 4 Westgate Walk

Permission to sever an irregular-shaped parcel of land in the westerly rear yard of a lot having a width of 47.63m, an approximate depth of 48m and an area of 1920 sq.m. to be conveyed as a lot addition to Lot 3, Registered Plan 977. The existing property (retained land) will have a width of 54.24m, a depth of 47.446m and an area of 3,326 sq.m. is comprised of 2 whole lots on a plan of subdivision and the lot line adjustment is intended to facilitate maintaining the existing dwelling and establishing a new lot to the west intended for residential development.

B 2020-034 to B 2020-036 - 956, 958, 960, 962 Glasgow Street

Permission to sever 3 parcels of land and retain one parcel to establish the existing townhouse development as freehold townhomes rather than a condominium development.

B 2020-037 - 1541 Highland Road West

Permission to create an easement having an easterly width of 3m, a depth of 24.67m and an area of 144.93 sq.m. in favour of the adjacent property municipally addressed as 1557 Highland Road West for sanitary services.

B 2020-038 & A 2020-074 - 31 Wilfong Drive and 15 Mitierra Drive

Permission to sever a parcel of land municipally addressed as 31 Wilfong Drive having a width of 19.74m, a depth of 41.45m and an area of 724 sq.m. The retained land is municipally addressed as 15 Mitierra Drive and has a width on Mitierra Drive of 32.97m, a depth of 62.08m and an area of 2002 sq.m. Permission is also being requested for a minor variance for 31 Wilfong Drive to have a lot area of 724.39 sq.m. rather than the required 929 sq.m. The parcels were previously separate properties that merged on title.

CC 2020-002 & CC 2020-003 - 32 Forwell Road

Permission is being requested to modify Conditions 3 and 8 of Provisional Consent decisions B 2019-074 and B 2019-075 granted by the Committee of Adjustment on January 21, 2020, related to the requirements for obtaining a Record of Site Condition and Parkland Dedication, stating financial and deadline concerns to achieving clearance of these conditions.

• additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594).
• 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 Holly Dyson at holly.dyson@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 August 2020.

Dianna Saunderson

Secretary-Treasurer

Committee of Adjustment