City of Kingston
Committee of Adjustment
Agenda

That the minutes of Committee of Adjustment Meeting Number 11-2024, held on Monday, October 21, 2024, be approved.

Note: Returning Deferral Item 8.1. will be considered immediately after Business Item 9.1.

File Number: D13-039-2024

District: 3 - Meadowbrook-Strathcona

Owner: 1000296271 Ontario Inc. 

Applicant: N Architecture Inc. 

The Report of the Commissioner of Growth & Development Services (COA-24-057) is attached.

Recommendation:

That minor variance application, File Number D13-039-2024, for the property located at 2267 – 2271 Princess Street to reduce the minimum east interior setback, the minimum rear setback and the minimum drive aisle width requirement to enable a proposed commercial development comprising a gas station with convenience store and drive-through restaurant and multi-unit retail building, be approved, as described below:

Variance Number 1: Minimum Interior Setback

By-Law Number 2022-62: Row 7, Table 15.6.1

Requirement: 9.1 metres for a gas station

Proposed: 7.1 metres for a gas station

Variance Requested: 2.0 metres;

Variance Number 2: Minimum Rear Setback

By-Law Number 2022-62: Row 5, Table 15.6.1

Requirement: 7.5 metres

Proposed: 2.0 metres

Variance Requested: 5.5 metres;

Variance Number 3: Minimum Drive Aisle Width for Perpendicular Parking Space

By-Law Number 2022-62: Row 3, Table 7.4.1

Requirement: 6.7 metres

Proposed: 6.0 metres Variance Requested: 0.7 metres; and

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-057. 

File Number: D13-039-2024

District: 3 - Meadowbrook-Strathcona

Owner: 1000296271 Ontario Inc. 

Applicant: N Architecture Inc. 

The Report of the Commissioner of Growth & Development Services (COA-24-093) is attached.

Recommendation:

That minor variance application, File Number D13-039-2024, for the property located at 2267 – 2271 Princess Street to reduce the minimum east interior setback, the minimum rear setback and the minimum drive aisle width requirement to enable a proposed commercial development comprising a service station with convenience store and drive-through restaurant and multi-unit retail building, be approved, as described below:

Variance Number 1: Minimum Interior Setback (east)

By-Law Number 2022-62: Row 7, Table 15.6.1

Requirement: 9.1 metres for a service station

Proposed: 7.1 metres for a service station

Variance Requested: 2.0 metres;

Variance Number 2: Minimum Rear Setback

By-Law Number 2022-62: Row 5, Table 15.6.1

Requirement: 7.5 metres

Proposed: 2.0 metres

Variance Requested: 5.5 metres;

Variance Number 3: Minimum Drive Aisle Width for Perpendicular Parking Space

By-Law Number 2022-62: Row 3, Table 7.4.1

Requirement: 6.7 metres

Proposed: 6.0 metres

Variance Requested: 0.7 metres; and

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-057.

File Number: D13-052-2024

District: 10 - Sydenham

Owner: A.N.D. Estates Inc. 

Applicant: The Boulevard Group

The Report of the Commissioner of Growth & Development Services (COA-24-068) is attached.

Recommendation:

That the application for permission, File Number D13-052-2024, for the property located at 10 Birch Avenue to expand the legal non-conforming apartment building on the subject property by raising the height to 9.95 metres through the construction of a third storey addition to accommodate two additional dwelling units, be Approved; and
That the application for minor variance, File Number D13-052-2024, for the property located at 10 Birch Avenue to seek relief from select zone provisions of the Kingston Zoning By-Law, including maximum number of bedrooms and minimum number of standard parking spaces, be approved, as described below:

Variance Number 1: Maximum Number of Bedrooms

By-Law Number 2022-62: Section 4.28.1.1.

Requirement: A maximum of 8 bedrooms are permitted per lot, in the aggregate, on any lot in the Urban Residential Zones, DR Zone, and the HCD1 Zone;

Proposed: A maximum of 15 bedrooms are permitted per lot, in the aggregate, on across six dwelling units;

Variance Requested: 7 bedrooms;

Variance Number 2: Minimum Number of Parking Spaces

By-Law Number 2022-62: Table 7.1.1.1.(a)

Requirement: 4 parking spaces;

Proposed: 3 parking spaces;

Variance Requested: 1 parking space; and

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-068.

File Number: D10-034-2024, D13-070-2024

District: 11 - King's Town

Owner: Matt Archibald 

Applicant: Fotenn Planning + Design, Matt Archibald

The Report of the Commissioner of Growth & Development Services (COA-24-081) is attached.

Recommendation:

That minor variance application, File Number D13-070-2024 for the property located at 22-28 Ellice Street to permit the construction of a new semi-detached house on the severed lot, for a total of three dwelling units with three bedrooms in the aggregate across the severed lot, and to address deficiencies resulting from the proposed severance, be approved, as described below:

Severed Lot:

Variance Number 1: Minimum Lot Area for a Semi-Detached House

By-Law Number 2022-62: Table 11.6.1.1.(b)

Requirement: 330.0 square metres per lot

Proposed: 187 square metres per lot

Variance Requested: 143 square metres; and,

Variance Number 2: Minimum Landscaped Open Space

By-Law Number 2022-62: Table 11.6.1.9. Minimum Landscaped Open Space

Requirement: 30%

Proposed: 13.9%

Variance Requested: 16.1%; and,

Variance Number 3: Location of Vehicular Parking Space

By-Law Number 2022-62: Section 7.1.1.

Requirement: Parking to be located on the same lot as the building or use.

Proposed: Parking can be located on-site or on an adjacent parcel (retained lot).

Variance Requested: Removing the requirement for the vehicular parking space to be located solely on the same lot as the corresponding use or building and instead enabling it to be located on the adjacent (retained) lot; and,

Variance Number 4: Location of Bike Parking Space

By-Law Number 2022-62: Section 7.3.1.

Requirement: Bike parking to be provided on the same lot as the use or building.

Proposed: Bike parking can be located on-site or on an adjacent parcel (retained lot).

Variance Requested: Removing the requirement for the bike parking space to be located solely on the same lot as the corresponding use or building and instead enabling it to be located on the adjacent (retained) lot; and,

Retained Lot:

Variance Number 5: Minimum Interior Setback for Semi-Detached and Townhouse

By-Law Number 2022-62: Table 11.6.1.7.(b)

Requirement: Where a common party wall is located along a lot line: 0 metres from the lot line with the common party wall and 1.2 metres from the other interior lot line

Proposed: Where a common party wall is located along a lot line: 0 metres from the lot line with the common party wall and 0.7 metres from the other interior lot line

Variance Requested: 0.5 metres from the other interior lot line; and,

Variance Number 6: Minimum Parking Space – In line with a driveway

By-Law Number 2022-62: Table 7.4.1.

Requirement: A minimum parking space length of 6.0 metres

Proposed: A minimum parking space length of 5.6 metres

Variance Requested: 0.4 metres; and,

That approval of the minor variance application be subject to the conditions attached as Exhibit A (Recommended Conditions – Minor Variance) to Report Number COA-24-081; and,

That consent application, File Number D10-034-2024, to sever an approximately 189.5 square metre lot from the existing 708.2 square metre subject property located at 22-28 Ellice Street and to establish mutual access easements over both lots., be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions – Consent) to Report Number COA-24-081.

File Number: D10-032-2024 and D13-068-2024

District: 7 - Kingscourt-Rideau

Owner: CDN Homes Kingston Inc.

Applicant: Soloway Wright LLP

The Report of the Commissioner of Growth & Development Services (COA-24-085) is attached.

Recommendation:

That minor variance application, File Number D13-068-2024 for the property located at 264-266 Weller Avenue to permit reduced minimum lot frontages, increased maximum driveway widths, and increased maximum building depths for the proposed semi-detached homes, be approved, as described below:

Retained Lot (264 Weller Avenue):

Variance Number 1: Minimum Lot Frontage

By-Law Number 2022-62: Table 11.7.1.2(b)

Requirement: 9 metres for a semi-detached house

Proposed: 8 metres

Variance Requested: 1 metre

Variance Number 2: Maximum Building Depth

By-Law Number 2022-62: Table 11.7.1.12(a)

Requirement: 18 metres

Proposed: 22.5 metres

Variance Requested: 4.5 metres

Variance Number 3: Maximum Width of a Driveway

By-Law Number 2022-62: Section 7.4.8.5

Requirement: Maximum 40% of the length of the street line

Proposed: 65% of the length of the street line

Variance Requested: 25%

Severed Lot (266 Weller Avenue):

Variance Number 4: Minimum Lot Frontage

By-Law Number 2022-62: Table 11.7.1.2(b)

Requirement: 9 metres for a semi-detached house

Proposed: 8 metres

Variance Requested: 1 metre

Variance Number 5: Maximum Building Depth

By-Law Number 2022-62: Table 11.7.1.12(a)

Requirement: 18 metres

Proposed: 22.5 metres

Variance Requested: 4.5 metres

Variance Number 6: Maximum Width of a Driveway

By-Law Number 2022-62: Section 7.4.8.5

Requirement: Maximum 40% of the length of the street line

Proposed: 65% of the length of the street line

Variance Requested: 25%; and,

That approval of the minor variance application be subject to the conditions attached as Exhibit A (Recommended Conditions – Minor Variance) to Report Number COA-24-085; and,

That consent application, File Number D10-032-2024, to sever an approximately 372 square metre parcel and retain an approximately 372 square metre parcel on the property at 264-266 Weller Avenue, be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions – Consent) to Report Number COA-24-085.

File Number: D13-071-2024

District: 11 - King's Town

Owner/Applicant: Homestead Land Holdings Ltd.

The Report of the Commissioner of Growth & Development Services (COA-24-088) is attached.

Recommendation:

That minor variance application, File Number D13-071-2024, for the property located at 55 Queen Street to vary maximum rooftop projections and yard projections for canopies and awnings to support the development of the property with a 19-storey mixed-use building, be approved, as described below:

Variance Number 1: Height Restrictions Exceptions – Maximum Height

By-Law Number 96-259: 5.19(i)i)

Requirement: 3.5 metres

Proposed: 5.6 metres

Variance Requested: 2.1 metres

Variance Number 2: Height Restrictions Exceptions – Maximum Area

By-Law Number 96-259: 5.19(i)ii)

Requirement: 10%

Proposed: 43%

Variance Requested: 33%

Variance Number 3: Height Restrictions Exceptions – Maximum Length

By-Law Number 96-259: 5.19(i)iii)

Requirement: 50%

Proposed: 68%

Variance Requested: 18%

Variance Number 4: Permitted Yard Projections – Minimum Setback from Lot Line for Canopies and Awnings Above Doors and Windows

By-Law Number 96-259: 5.29

Requirement: 0.5 metres

Proposed: 0 metres

Variance Requested: 0.5 metres; and

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-088.

File Number: D13-075-2024

District: 7 - Kingscourt-Rideau

Owner/Applicant: Sarah McConnell

The Report of the Commissioner of Growth & Development Services (COA-24-089) is attached.

Recommendation:

That minor variance application, File Number D13-075-2024, for the property located at 47 Wycliffe Crescent to legalize the existing driveway and accommodate a new walkway, be approved, as described below:

Variance Number 1: Maximum Width of a Driveway at the Point of Intersection with the Front Lot Line

By-Law Number 2022-62:7.4.8.2  

Requirement: 40% of the length of the applicable street line, provided that the minimum width of the driveway is 2.6 metres

Proposed: 57%

Variance Requested: 17%

Variance Number 2: Minimum Parking Space Length

By-Law Number 2022-62: 7.4.1  

Requirement: 6.0 metres

Proposed: 5.3 metres

Variance Requested: 0.7 metres; and

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-089. 

File Number: D13-074-2024

District: 7 - Collins-Bayridge

Owner: Chris Davis and Tina Zhu

Applicant: Brett Smith

The Report of the Commissioner of Growth & Development Services (COA-24-092) is attached.

Recommendation:

That minor variance application, File Number D13-074-2024, for the property located at 4292 Bath Road to construct two rear yard decks. The western deck will be 51.65 square metres with 49.31 square metres over 1.2 metres in height with a 11.87 metre setback from the waterbody and the eastern side deck will be 13.95 square metres under 1.2 metres in height., be approved, as described below:

Variance Number 1: Waterbody Separation Distance (Deck)

By-Law Number 2022-62:Section 4.23.1

Requirement: 30 metres

Proposed: 11.87 metres

Variance Requested: 18.13 metres

Variance Number 2: Maximum surface area of floor level(s) above 1.2 metres

By-Law Number 2022-62:Section 4.20.5.1 metres in height

Requirement: 30 square metres

Proposed: 49.31 square metres

Variance Requested: 19.31 square metres

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-092.

File Number: D13-079-2024

District: 11 - King's Town

Owner: Varsity Realty Inc.

Applicant: Fotenn Planning + Design 

The Report of the Commissioner of Growth & Development Services (COA-24-096) is attached.

Recommendation:

That minor variance application, File Number D13-079-2024, for the property located at 283 Queen Street to construct an apartment building with reduced vertical clearance for access to the interior loading space, be approved, as described below:

Variance Number 1: Location of Loading Spaces

By-Law Number 2022-62: 7.5.8.1

Requirement: 4.2 metre minimum vertical clearance for access to a loading space;

Proposed: 3.8 metres;

Variance Requested: 0.4 metres; and

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-096.