Committee of Adjustment - November 17, 2020

TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY, November 17, 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 November 16, 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 November 17, 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 2020-087 - 380 Grand River Boulevard

Permission to legalize an existing single detached dwelling having the required off-street parking located 2.3m from the property line rather than the required 6m; and, to allow an easterly driveway widening to be the same material of the driveway, having a length of 2.5m rather than the required 5.5m.

A 2020-088 - 339 Rosemount Drive

Permission to convert the existing single detached dwelling into a duplex by converting the garage into living space having the 2 required off-street parking spaces located 2m from the front lot line rather than the required 6m setback.

A 2020-089 - 34 Dunham Avenue

Permission to construct a second storey addition on an existing single detached dwelling having an existing westerly side yard setback of 2.3m rather than the required 3m; and, a driveway to have a minimum width of 2.3m rather than the required 2.6m.

A 2020-090 - 305 Driftwood Drive

Permission to legalize an existing single detached dwelling having a pool located 0m from the rear lot line rather than the required 0.6m setback.

A 2020-091 - 12 Rose Street

Permission to legalize a front porch on an existing single detached dwelling having a front yard setback for the porch of 1.48m rather than the required 3m.

A 2020-092 - 180 Grand Flats Trail

Permission to construct a single detached dwelling having a side yard abutting Waterbow Trail of 3.71m rather than the required 4.5m; and, a rear yard setback of 7.07m rather than the required 7.5m.

A 2020-093 - 41 Valleybrook Drive

Permission to construct a single detached dwelling having an easterly side yard setback of 0.05m and a westerly side yard setback of 1.26m, whereas the By-law allows an easterly side yard setback between 0m to 0.2m only if the westerly side yard had a setback of 1.5m.

A 2020-094 - 53 Valleybrook Drive

Permission to construct a single detached dwelling having an easterly side yard setback of 1m rather than the required 1.2m.

A 2020-095 - 236 Woodhaven Road

Permission to construct an accessory building and accessory outdoor storage in the rear of an existing employment/training facility to allow under Zoning By-law 85-1 an unmodified shipping container (outdoor storage) whereas By-law 85-1 does not permit outdoor storage of goods, materials or equipment; a rear yard setback for the existing accessory building of 5m rather than the required 7.5m; an easterly side yard setback of 1.5m rather than the required 6m; and, for the proposed accessory building to have a minimum side yard setback of 4.8m, whereas 6m or one half of the building height, whichever is greater, is required. Permission is also required for variances under By-law 2019-51 to permit outdoor storage whereas the By-law does not permit outdoor storage in an INS Zone; for the existing accessory building to have a minimum interior side yard of 1.5m rather than the required 3m; a minimum rear yard setback of 5m rather than the required 7.5m; a minimum side yard setback abutting a residentially-zoned property of 1.5m rather than the required 7.5; and, for the proposed accessory building to have a setback abutting a residentially-zoned property of 4.8m rather than the required 7.5m.

A 2020-096 - 919 Eaglecrest Court

Permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%.

A 2020-097 - 923 Eaglecrest Court

Permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%.

A 2020-098 - 928 Eaglecrest Court

Permission to construct a single detached dwelling having a driveway to be 56% of the lot width rather than the maximum 50%.

A 2020-099 - 80 Westwood Drive

Permission to legalize an existing triplex, whereas the By-law does not permit the existing triplex use.

A 2020-100 - 9-11 Samuel Street

Permission to convert the existing mixed-use building into a residential/Yoga Studio to allow Personal Services (Queen Street Yoga Studio) in a mixed commercial-residential building having less than 20 dwelling units; a Personal Services (Yoga Studio) to be in excess of 20% of the gross floor area, with 175 sq.m. out of 405 sq.m. to be used for the Yoga Business, including studio space, reception area, change rooms and offices; and, to allow off-street parking for the Yoga Studio to be in tandem, whereas the By-law does not permit parking in tandem for business uses.

A 2020-101 - 8 Devon Street

Permission to convert the existing single detached dwelling into a duplex having a building height of 11m rather than the maximum building height of 10.5m; and, to permit the required off-street parking space to be located 2m from the property line rather than the required 6m.

A 2020-102 - 89 Water Street South

Permission to reconstruct a front porch on an existing single detached dwelling having stairs exceeding 0.6m in height to be located 1.3m from the front lot line rather than the required 3m.

B 2020-042 - 101-103 Schweitzer Street

Permission to sever a parcel of land having a width on Schweitzer Street of 15.5m, a depth of 21.03m and an area of 326 sq.m. The retained land will have a width of 21.03m, a depth of 31.09m and an area of 654 sq.m. Both parcels are intended for residential use.

B 2020-043 - 440 Lancaster Street West

Permission to sever a parcel of land having a width of 9.326m, a depth of 28.652m and an area of 358.57 sq.m. The retained land will have a width of 10.552m, a depth of 28.652m and an area of 302.32 sq.m. Both parcels are intended for residential use.

B 2020-044 - 956 Glasgow Street

Permission to grant easements in favour of 958-962 Glasgow Street as outlined on the plan submitted with the application for sanitary, stormwater and access. The townhouse complex was previously subject to consent applications B 2020-034 to B 2020-036 to sever the lots and disband the condominium.

  • 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 30th day of October 2020.

Dianna Saunderson

Secretary-Treasurer

Committee of Adjustment