City of Kingston
Committee of Adjustment
Agenda

That the minutes of Committee of Adjustment Meeting 06-2024, held Monday, May 13, 2024, be approved.

File Number: D13-045-2023 and D10-031-2023

District: 9 - Williamsville

Owner: Amy Carson

Applicant: Adam Candon

The Report of the Commissioner of Growth & Development Services (COA-24-049) is attached.

Recommendation:

That minor variance application, File Number D13-045-2023 for the property located at 154 Pine Street to permit reductions in minimum lot area, minimum lot frontages, and reduced minimum interior setbacks for both the retained and severed parcels, be approved, as described below:

Retained Lot:

Variance Number 1: Minimum Lot Area          

By-Law Number 2022-62: Table 12.5.1.1

Requirement: 270 square metres                                     

Proposed: 237.4 square metres   

Variance Requested: 32.6 square metres          

Variance Number 2: Minimum Lot Frontage

By-Law Number 2022-62: Table 12.5.1.2           

Requirement: 18 metres                                        

Proposed: 5.6 metres           

Variance Requested: 12.4 metres

Variance Number 3: Minimum Interior Setback

By-Law Number 2022-62: Table 12.5.1.7

Requirement: 3 metres                                           

Proposed: 0 metres where a common party wall is located along a lot line

Variance Requested: 3 metres

Severed Lot:

Variance Number 4: Minimum Lot Area

By-Law Number 2022-62: Table 12.5.1.1           

Requirement: 270 square metres                                     

Proposed: 143.8 square metres   

Variance Requested: 126.2 square metres        

Variance Number 5: Minimum Lot Frontage

By-Law Number 2022-62: Table 12.5.1.2

Requirement: 18 metres                                        

Proposed: 3.8 metres           

Variance Requested: 14.2 metres

Variance Number 6: Minimum Interior Setback

By-Law Number 2022-62: Table 12.5.1.7           

Requirement: 3 metres                                           

Proposed: 0 metres where a common party wall is located along a lot line 

Variance Requested: 3 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-24-049; and,

That consent application, File Number D10-031-2023, to sever a 143.8 square metres parcel of land with 3.8 metres of frontage onto Pine Street, and to retain a 237.4 square metre parcel of land with 5.6 metres of frontage on Pine Street, and to establish an access easement over the retained parcel in favour of the severed parcel, be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions – Consent) to Report Number COA-24-049.

File Number: D13-028-2024

District 11 - King's Town

Owner: Cheng Myers

Applicant: Fotenn Consulting

The Report of the Commissioner of Growth & Development Services (COA-24-040) is attached.

Recommendation:

That minor variance application, File Number ​D13-028-2024​, for the property located at ​322 Queen Street​ to allow permit a total of seven dwellings within the existing mixed-use building and relief from certain parking requirements, be ​approved​, as described below: 

Variance Number 1: Maximum number of dwelling units per lot 

By-Law Number 2022-62: ​Table 10.4.1.​ 

Requirement: ​Maximum 123 units per net hectare​ 

Proposed: ​Maximum 160 units per net hectare​ 

Variance Requested: ​37 units per net hectare​ 

Variance Number 2: Required number of parking spaces 

By-Law Number 2022-62: ​Table 7.1.1.​ 

Requirement: ​3 parking spaces​ 

Proposed: ​​2 parking spaces​​ 

Variance Requested: ​​1 parking spaces​​;  

Variance Number 3: Required number of visitor spaces 

By-Law Number 2022-62: ​Table 7.1.1.​ 

Requirement: ​1 visitor spaces​ 

Proposed: ​​0 visitor spaces​​ 

Variance Requested: ​​1 visitor spaces​​; 

Variance Number 4: Required number of accessible spaces 

By-Law Number 2022-62: ​Section 7.2.6.3.​ 

Requirement: ​1 Type A accessible space​ 

Proposed: ​​​1 Type B accessible space​​​ 

Variance Requested: ​​Type B versus Type A​​; 

Variance Number 5: Walkway  

By-Law Number 2022-62: ​4.27.1.4​ 

Requirement: ​The walkway must be separately delineated and measured distinctly from a required driveway​ 

Proposed:  ​Notwithstanding 4.27.1.4, the walkway may overlap the required driveway at a pinch point that is outside of any required parking space​ 

Variance Requested: ​The walkway may overlap the driveway at pinch point​; and 

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number ​COA-24-040​. 

File Number: D13-017-2024

District: 11 - King's Town

Owner: NORTH SOUTHALL INC

Applicant: Bel-Con Design-Builders Ltd.

The Report of the Commissioner of Growth & Development Services (COA-24-051) is attached.

Recommendation: 

That minor variance application, File Number ​D13-017-2024​, for the property located at ​70 Railway Street​ to reduce the minimum rear yard setback from 15 metres to 3 metres to accommodate four shipping container accessory buildings on the southwest corner of the lot, be ​approved​, as described below: 

Variance Number 1: 

By-Law Number 2022-62: ​Section 16.3.2.3​ 

Requirement: ​15 metres​ 

Proposed: ​3 metres​ 

Variance Requested: ​12 metres​; and 

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number ​COA-24-051​. 

File Number: D13-036-2024

District: 10 - Sydenham

Owners: Haley Skinner and Thomas Skinner

Applicant: Mac Gervan & Associates Ltd.

The Report of the Commissioner of Growth & Development Services (COA-24-052) is attached.

Recommendation: 

That minor variance application, File Number ​D13-036-2024​, for the property located at ​158 Earl Street​ to expand the third floor of a residential dwelling to replace the existing two gable dormers with an expanded shed dormer, be ​approved​, as described below: 

Variance Number 1: 

By-Law Number ​2022-62​: ​ Section 13.4.2.1 (a)​ 

Requirement: ​Front wall of the dormer is setback a minimum of 0.4 metres from the main wall​. 

Proposed: ​0.0​ 

Variance Requested: ​0.4​ 

Variance Number 2: 

By-Law Number ​2022-62​: ​ Section 13.4.2.1 (b)​ 

Requirement: ​The side wall of a dormer is setback a minimum of 1.0 metres from the edge of the roof on which it is located​. 

Proposed: ​0.1 metres​ 

Variance Requested: ​0.9 metres​; and 

Variance Number 3: 

By-Law Number ​2022-62​: ​ Section 13.4.2.1 (c)​ 

Requirement: ​The maximum cumulative length of all dormers on the same portion of a sloped roof is the lesser of 4.6 metres or 50% of the length of the roof on which it is located (3.95 metres). ​ 

Proposed: ​6.55 metres​ 

Variance Requested: ​2.6 metres​; and 

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number ​COA-24-052​. 

File Number: D13-035-2024

District: 5 - Collins Bayridge

Owners: Tim de Jong

Applicant: Tim de Jong

The Report of the Commissioner of Growth & Development Services (COA-24-054) is attached.

Recommendation: 

That minor variance application, File Number ​D13-035-2024​, for the property located at ​4226 Bath Road​ to construct a 50 square metre enclosed rear porch, located approximately 24.7 metres from the highwater mark be ​approved​, as described below: 

Variance Number 1: 

By-Law Number ​2022-62​: ​Section 4.23.1 Waterbody Separation Distance (rear enclosed porch)​ 

Requirement: ​30 metres​ 

Proposed: ​24.7 metres​ 

Variance Requested: ​5.3 metres​ 

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number ​COA-24-054​. 

File Number: D13-033-2024

District: 11 - King's Town

Owner: Carol Knowles

Applicant: Carol Knowles

The Report of the Commissioner of Growth & Development Services (COA-24-050), is attached.

Recommendation: 

That minor variance application, File Number D13-033-2024, for the property located at ​16 Cowdy Street​ to construct a one-storey addition in the rear yard of an existing single-detached house, be ​approved​, as described below: 

Variance Number 1: 

By-Law Number 2022-62: Table 11.6.1.7: Minimum interior setback 

Requirement: 0.6 metres 

Proposed: 0.4 metres 

Variance Requested: 0.2 metres; and 

Variance Number 2: 

By-Law Number 2022-62: Table 11.6.1.8: Minimum aggregate of interior setbacks 

Requirement: ​3.6 metres​ 

Proposed: ​1.5 metres​ 

Variance Requested: ​2.1 metres​; and 

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number ​COA-24-050​. 

File Number: D13-046-2024

District: 11 - King's Town

Owner: Richard Allen and Rebecca Rappeport

Applicant: NBS Design Group

The Report of the Commissioner of Growth & Development Services (COA-24-056), is attached.

Recommendation: 

That minor variance application, File Number ​D13-046-2024​, for the property located at ​102 Charles Street​ to construct a new two-storey rear addition, be ​approved​, as described below: 

Variance Number 1: 

By-Law Number 2022-62: 11.6.1.12. ​Maximum building depth​ 

Requirement: ​18.0 metres​ 

Proposed: ​21.5 metres​ 

Variance Requested: ​3.5 metres​ 

That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number ​COA-24-056​.