City of Kingston
Committee of Adjustment
Revised Agenda

07-2024
-
Council Chamber
Committee Composition
  • Peter Skebo, Chair
  • Councillor Cinanni
  • Councillor Hassan
  • Ken Dakin
  • Douglas Perkins
  • Gaurav Rehan
  • Jeff Scott
  • Somnath Sinha
  • Jordan Tekenos-Levy

Please provide regrets to Allison Hannah, Committee Clerk at 613-546-4291,
extension 1209 or [email protected].

Watch live on the Kingston City Council YouTube channel or register to receive the Zoom link.


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. 

The consent of the Committee is requested for the deletion of Exhibit A to Report COA-24-056 and the substitution of new Exhibit A attached to the Addendum. 

10.

 

The next meeting of the Committee of Adjustment is scheduled for Monday, July 15, 2024 at 5:30 p.m.