Committee of Adjustment Meeting - Tuesday, October 19, 2021

COMMITTEE OF ADJUSTMENT

UNFINISHED BUSINESS AGENDA

October 19, 2021 - 10:00 a.m.

MINOR VARIANCE APPLICATION:

1. Submission No.: A 2021-093

Applicants: Andre Templeton

Property Location: 1248 Ottawa Street South

Legal Description: Part Lot 5, Plan 1613, being Part 1 on Reference Plan 58R-5563

The Committee was advised the applicant requested permission to convert a semi-detached dwelling into a duplex having a driveway width of 5.8m rather than the maximum permitted 5.2m; having the required off-street parking space located 1.8m from the property line rather than the required 6m; and, to allow two pedestrian entrances to remain on the street line façade whereas the By-law only permits 1 entrance for a semi-detached dwelling.

	THE CITY OF KITCHENER COMMITTEE OF ADJUSTMENT NOTICE OF HEARING Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, As amended and Ontario Regulations 197/96 and 200/96, as amended.	Kitchener City Hall 200 King St W Box 1118 Kitchener ON N2G 4G7 519-741-2203 CofA@kitchener.ca

TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY October 19, 2021, 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 www.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 October 18, 2021. To register please email CofA@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 October 19, 2021, 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.

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 2021-105 - 25 Courtland Avenue East

Permission to convert an existing duplex into a triplex dwelling having 2 parking spaces in tandem whereas the By-law does not permit tandem parking; and, 1 off-street parking space located between the building facade and front lot line whereas the By-law does not permit parking between the facade and front lot line.

A 2021-106 - 37 Highland Road West

Permission to construct an additional dwelling unit in the rear yard of an existing single detached dwelling on a lot having a width of 12.1m rather than the required 13.1m; and, to legalize a westerly side yard setback of 1.007m rather than the required 1.2m for the existing dwelling.

A 2021-107 - 26-28 Ellen Street West

Permission to construct a two-storey addition in the rear yard of an existing single detached dwelling having a 73% increase to the existing building's Gross Floor Area (GFA) rather than the maximum permitted GFA increase of 25%.

A 2021-108 - 102 Fenwick Court

Permission to re-construct a deck exceeding 0.6m in height in the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.43m rather than the required 1.2m.

A 2021-109 - 388 King Street East

Permission to provide zero parking spaces for 129 sq.m. of restaurant use within a mixed use building, where 14 spaces are required (1 space per 7.5 sq.m., plus a 20% reduction).

A 2021-110 - 125 Seabrook Drive

Permission to add the use "Educational Establishment" to the subject lands to allow for a Kumon franchise business having a Gross Floor Area (GFA) of 12% (122 sq.m. GFA) of the commercial plaza.

A 2021-111 - 52 Anvil Street

Permission to convert the garage of a single detached dwelling into a duplex unit having 1 off-street parking space located 0.5m from the front lot line rather than the required 6m.

A 2021-112 - 135 Wellington Street North

Permission for an existing 5-unit multi-residential dwelling being converted to a 10-unit multi-residential dwelling having a parking rate of 1.2 spaces/unit (12 spaces) rather than the required 1.25 spaces/unit (13 spaces).

A 2021-113 - 1421 Victoria St. N.

Permission for a commercial retail business to operate in an existing commercial building having 19 parking spaces rather than the required 29 parking spaces (1 space per 33sq.m. of gross floor area).

B 2021-044 - 51 Nelson Avenue

Permission to sever a parcel of land so each semi-detached dwelling can be dealt with separately. The severed land identified as Part 1 on the plan submitted with the application having a width on Schweitzer Street of 15.77m, a depth of 23.77m, and an area of 374.85sq.m. The retained land identified as Part 2 on the plan submitted with the application located having a width on Schweitzer Street of 20.193m, a depth of 20.19m, and an area of 479.92sq.m.

B 2021-045 - 35 Coral Crescent

Permission to sever a parcel of land having a width of 9.47m, a depth of 58.465m, and an area of 555.3sq.m. The retained will have a width of 9.47m, a depth of 59.783m, and an area of 561.5sq.m. The existing dwelling is proposed to be demolished, and two single detached duplexes are proposed to be constructed.

B 2021-046 - 74 Admiral Road

Permission to sever a parcel of having a width of 8.382m, a depth of 36.576m, and an area of 306.6sq.m. The retained land will have a width of 8.382m, a depth of 36.576m, and an area of 306.6sq.m. The existing dwelling is proposed to be demolished, and two single detached duplexes are proposed to be constructed.

B 2021-047 - 81 Fifth Avenue

Permission to sever a parcel of land so the existing single detached dwelling can be demolished, and semi-detached multi-residential dwellings constructed on each lot. The severed land identified as red on the plan submitted with the application having a width of 7.620m, a depth of 50.269m, and an area of 383.1sq.m. The retained land identified as green on the plan submitted with the application having a width of 7.620m, a depth of 50.269m, and an area of 383.1sq.m

B 2021-048, B 2021-049, B 2021-50 - 441 East Avenue

Permission to create 3 lots and retain 1 for residential development. All four of the lots are proposed for semi-detached dwellings. The proposed lots will have the following dimensions:

B 2021-051 & B 2021-052 - 945 Victoria Street North & 961 Victoria Street North

Permission to sever a triangular parcel of land having a width of 11.07m, a depth of 19.74m, and an area of 109.11sq.m. to be conveyed as a lot addition to the property municipally addressed as 961 Victoria Street North; and, permission to sever a triangular parcel of land having a width of 11.31m, a depth of 19.26m, and an area of 108.60sq.m. to be conveyed as a lot addition to the property municipally addressed as 945 Victoria Street North. The land conveyances are intended to establish more regular lotting patterns for both properties in their rear yards.

B 2021-053, A 2021-114 & A 2021-115 - 75 & 79 Louisa Street

Permission to sever a parcel of land so each multi-residential detached dwelling can be dealt with separately after being inadvertently merged on title. The severed land with an existing duplex dwelling, municipally addressed as 79 Louisa Street, will have a width of 10.67m, a depth of 35.78m, and an area of 3384.4 sq.m. The retained land with an existing duplex dwelling, municipally addressed as 75 Louisa street, will have a width of 10.36m, a depth of 35.78m, and an area of 370.8sq.m. Permission is also requested to grant minor variances for 79 Louisa Street to legalize a front yard setback of 2.1m rather than the required 4.5m; and, a westerly yard setback of 1.10m rather than the required 1.2m; and, a westerly setback for accessory structures of 0.5m rather than the required 0.6m. Permission is also requested to grant minor variances for 75 Louisa street to legalize a front yard setback of 2.3m rather than the required 4.5m; a westerly side yard setback of 0.86m rather than the required 1.2m; and, a easterly side yard setback for accessory structures of 0.4m rather than the required 0.6m.

B 2021-054, A 2021-116 & A 2021-117 - 74 Rutherford Drive

Permission to sever a parcel of land having a width of 14.326m, a depth of 60.350m, and an area of 864.57sq.m. The retained land having a width of 8.53m, a depth of 60.35m, and an area of 514.79sq.m. Permission is also requested to grant minor variances for the retained land to allow a duplex dwelling to be constructed on a lot having a width of 8.53m rather than the required 9m. Permission is also requested to grant minor variances for the severed land to allow the construction of semi-detached dwellings to have lot widths for each dwelling of 7.16m rather than the required 7.5m.

B 2021-055 & A 2021-118 - 134 Woolwich Street

Permission for a sever a triangular shaped a parcel of land having a width of 47.092m, a depth of 116.601m, and an area of 2820sq.m to be conveyed as a lot addition to the property municipally addressed as 124 Woolwich Street. The retained lands will have a width of 62.847m, a depth of 256.614m, and an area of 7000sq.m. Permission is also requested to grant minor variances for the retained land municipally addressed as 134 Woolwich Street with an existing single detached dwelling to have a lot area of 0.7ha rather than the required 0.9ha.

B 2021-056, B 2021-057 & A 2021-119 - 300 Bridge Street East

Permission to sever a parcel having a width of 367m, a depth of 255m, and an area of 77,153sq.m. The retained employment lands identified as blue on the plan submitted with the application having a width of 413m, a depth of 640m, and an area of 206,000sq.m; and, to grant an easement over the retained lands in favour of the severed lands as outlined on the plan submitted with the application for the purpose of stormwater management. Permission is also requested to grant minor variances for the retained land to construct a commercial industrial building having a maximum building height of 14m rather than the permitted 10.5m.

• 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 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 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 CofA@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 1^st day of October, 2021.

Sarah Goldrup

Acting Secretary-Treasurer

Committee of Adjustment

THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON OCTOBER 1, 2021.