Committee of Adjustment Meeting - Tuesday, February 16, 2021

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, February 16, 2021 commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. Due to COVID-19, City Hall is currently open by appointment only, 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 Dianna.Saunderson@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 2021-005 - 52 South Drive
Permission to construct a duplex having a front yard setback of 4.43m rather than the required 4.5m; a northerly side yard setback of 1.17m rather than the required 1.2m; and, a setback for the proposed garage of 5.69m rather than the required 6m. The property previously received approval of minor variance application A 2019-045 for a reduced rear yard setback.

A 2021-006 - 4 Gildner Street
Permission to allow a home business for food preparation (bakery) to be located in an existing single detached dwelling, whereas the By-law does not permit food preparation as a home business.

A 2021-007 - 359 Highland Road West
Permission to construct a 5 storey, 31-unit multi-residential development having a ground floor street line façade width to be 28.6% whereas the By-law requires a minimum façade width of 50%; a maximum Floor Space Ratio (FSR) of 2.25 rather than the maximum permitted FSR of 2.0; to permit a minimum of 10 off-street parking spaces, including 3 off-street visitor parking spaces rather than the required 31 off-street parking spaces including 4 off-street visitor parking spaces; and, to permit a width of Class A bicycle parking stall to be 0.27m rather than the required 0.6m.

A 2021-008 - 29 Hurst Avenue
Permission to construct a rear yard addition on an existing single detached dwelling to convert the dwelling into a duplex having a rear yard setback of 6.1m rather than the required 7.5m; and, to permit an uncovered rear yard deck that exceeds 0.6m in height to have a rear yard setback of 3m rather than the required 4m.

A 2021-009 - 268 Louisa Street
Permission to construct a 2-storey addition in the rear yard of an existing single detaching dwelling having a westerly side yard setback of 2.4m where the driveway leading to the required parking space is situated between the main building and the side lot line, rather than the required 3m; and, an easterly side yard setback of 0.88m rather than the required 1.2m.

B 2021-004 & B 2021-005 - 150, 154, 162 Victoria Street South and 92, 100, 102, 106, 110 Park Street
Permission to sever a parcel of land having a width of 12.571m, a depth of 10.698m and an area of 134.5 sq.m. to be conveyed as a lot addition to the property municipally addressed as 138 Victoria Street South. Permission is also being requested to grant an easement over Part of Lot 11 of the subject property having a width of 7.6m, a depth of 35.369m and an area of 269.53 sq.m. in favour of the properties municipally addressed as 130, 138 and 142 Victoria Street South for the purpose of access. The retained parcel is irregular in shape having an approximate size of 4,700 sq.m. and is intended for commercial and residential use.

B 2021-006 - 427 Old Chicopee Trail
Permission to sever a parcel of land having a width of 14.54m, a depth of 42.76m and an area of 605.25 sq.m. The retained land will have a width of 29.08m, a depth of 43.37m and an area of 1219.8 sq.m. The parcels will continue to be residential.

B 2021-007 - 43 & 47 Sheldon Avenue
Permission to sever a parcel of land having a width of 31.21m, an easterly depth of 76.82m and an area of 2036 sq.m. The retained land will have a width of 25.25m, and an area of 3938 sq.m. The intention is to sever the parcel so the existing residential dwelling and church can be dealt with separately.

B 2021-008 - 202 Fifth Avenue
Permission to sever a parcel of land having a width of 10.7m, a depth of 40.2m and an area of 428 sq.m. The retained land will have a width of 10.7m, a depth of 40.2m and an area of 428 sq.m. Both parcels are intended for duplexes.

• 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 29th day of January, 2021.

Dianna Saunderson
Secretary-Treasurer
Committee of Adjustment