City of Kingston Committee of Adjustment

Minutes

2025-02

Monday, January 27, 2025

5:30 P.m. - 8:30 P.m.

Council Chamber

Members Present:

• Peter Skebo, Chair
• Councillor Cinanni
• Councillor Osanic
• Ken Dakin
• Douglas Perkins
• Gaurav Rehan
• Jeff Scott
• Somnath Sinha

Regrets

• Jordan Tekenos-Levy

Staff Present:

• James Bar, Manager, Development Approvals
• Chris Booth, Senior Planner
• Ian Clendening, Deputy Secretary-Treasurer & Senior Planne
• Allison Hannah, Committee Clerk
• Malcolm Norwood, Supervisor, Development Approvals
• Christine O'Connor, Committee Clerk
• Jason Partridge, Planner
• Jacob Slevin, Planner
• Lindsay Sthamann, Secretary-Treasurer & Intermediate Planner

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1.

Introduction by the Chair

The Chair reviewed the order of proceedings for the meeting and informed the public that any individuals with a personal interest in an application can receive written notice of a decision by emailing a request to the Secretary-Treasurer including their name, address, and the file number of the application.

2.

Call to Order

The Chair called the meeting to order at 5:34 p.m.

3.

Approval of the Agenda

• Moved by: Councillor Cinanni
  Seconded by: Councillor Osanic

  That the agenda be amended to include the addendum, and as amended, be approved.

  Carried

4.

Confirmation of Minutes

1.

Previous Meeting Minutes 

• Moved by: Mr. Dakin
  Seconded by: Mr. Scott

  That the minutes of Committee of Adjustment Meeting Number 01-2025, held on Monday, December 16, 2025, be approved.

  Carried

5.

Disclosure of Pecuniary Interest

There were none.

6.

Delegations

There were none.

7.

Request for Deferral

There were none.

8.

Returning Deferral Items

1.

Application for Minor Variance - 9 George Street

Ms. Sthamann introduced the application. She added that a revised report was included in the Addendum.

Mr. Wicke provided an overview of the revisions in the report.

Mikaela Hughes, Agent for Applicant, was present and indicated that she had nothing to add.

The Committee did not provide comment.  

The Chair afforded members of the public with an opportunity to speak. There were no comments received from the public. 

Mr. Scott voiced his support for the application.

• Moved by: Councillor Cinanni
  Seconded by: Councillor Osanic

  Recommendation:

  That minor variance application, File Number D13-078-2024, for the property located at 9 George Street to permit a raised foundation, a second-floor addition, a new covered front porch, a new carport, and two new decks, be approved, as described below:

  Variance Number 1: Maximum height

  By-Law Number 2022-62: Table 13.2.2.3

  Requirement: Height existing as of the date of passing of this By-law

  Proposed: 6.1 metres

  Variance Requested: 0.3 metres

  Variance Number 2: Minimum interior setback

  By-Law Number 2022-62: Table 13.2.2.7

  Requirement: 1.2 metres

  Proposed: 0.6 metres

  Variance Requested: 0.6 metres

  Variance Number 3: Maximum lot coverage

  By-Law Number 2022-62: Table 13.2.2.10

  Requirement: 25%

  Proposed: 38%

  Variance Requested: 13%

  Variance Number 4: Maximum height of an addition

  By-Law Number 2022-62: Section 13.2.4

  Requirement: Addition 0.5 metres less than the height of the heritage building

  Proposed: Addition the same height as the existing building

  Variance Requested: 0.5 metres

  Variance Number 5: Projections into Setbacks – Architectural Features in Other Zones

  By-Law Number 2022-62: Section 4.19.2

  Requirement: 0.5 metres

  Proposed: 0.3 metres

  Variance Requested: 0.2 metres

  Variance Number 6: Projections into Setbacks – Exterior Stairs in Other Zones

  By-Law Number 2022-62: Section 4.19.3

  Requirement: 0.5 metres

  Proposed: 0.3 metres

  Variance Requested: 0.2 metres

  Variance Number 7: Decks and Porches – Minimum front setback

  By-Law Number 2022-62: Table 4.20.4.2

  Requirement: The lesser of the Zone provision or 3.5 metres

  Proposed: 0.6 metres

  Variance Requested: 2.9 metres

  Variance Number 8: Decks and Porches – Minimum exterior setback

  By-Law Number 2022-62: - Table 4.20.4.4

  Requirement: The lesser of the Zone provision or 3.5 metres

  Proposed: 1.6 metres

  Variance Requested: 1.9 metres

  Variance Number 9: Minimum garage setback to street line

  By-Law Number 2022-62: Section 7.4.8.8

  Requirement: 6.0 metres

  Proposed: 2.5 metres

  Variance Requested: 3.5 metres; and

  That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-25-002.

  Carried

9.

Business

1.

Application for Minor Variance - 10 Cataraqui Street

Ms. Sthamann introduced the application. She noted one letter of concern and one response letter from the Applicant attached as Correspondence in the Addendum.

Kelsey Jones, Agent for Applicant, was present and indicated that she had nothing to add. She noted that the Applicant, Peter Sauerbrei was present online.

Councillor Osanic sought clarification regarding the water setback in relation to the patio. She asked if a fence will be integrated into the design. She voiced concern regarding the increase in units from 50 to 75 units. She asked about the average square footage of the units. Ms. Jones clarified that there is a 90 square metre area proposed on the ground floor for a commercial space available for lease. She added that the patio is proposed as a private outdoor area complementing the commercial space. Mr. Sauerbrei noted that the use of the patio would be dependent on the occupant of the commercial space. He clarified that there would be a temporary fence on the property intended to prevent turtles from nesting in and around the construction zone. He noted that Turtles Kingston has been involved in determining best practices for turtle protection.

Mr. Bar explained that Site Plan Control would be required post variance should the application be approved. He added that should a restaurant be on site, the Alcohol and Gaming Commission (AGCO) would likely require the patio to be fenced in order to create a contained space. He noted that the waterfront trail will be maintained as a key part of the active transportation network along the west side of the Cataraqui River. In response to concerns regarding unit size, Mr. Bourke explained that two-bedroom units will range from 750-800 square feet and one-bedroom units will be approximately 550 square feet.

Mr. Dakin sought clarification regarding easement for the walkway and the buffer. He asked if the landscape design would be geared towards turtle nesting. Ms. Jones explained that the City of Kingston already had an easement over the K&P Trail that exists within the boundaries of the property. She noted that the 30-metre buffer goes beyond that and is measured from the high-water mark. In response to landscape design, Mr. Saurbrei explained that Turtles Kingston had been consulted with for the design and landscaping on the property. 

Mr. Perkins suggested that turtle fencing be used similar to that on Highway 2. He asked if the community had been engaged throughout this process. He inquired about ground contamination in the area. He voiced his concern regarding off-site parking for a building of 75 units. He stated that nefarious activity is prevalent in the area and noted safety concerns. Mr. Saurbrei explained that community groups such as Friends of Kingston Inner Harbour, and Turtles Kingston were engaged throughout this process. He added that the site is contaminated and will need to be remediated with input from Environmental Consultants, the City of Kingston, and the Ministry of Environment. He noted that this site was recently approved by Council as part of the Brownfield Program. Mr. Saurbrei further explained that although the parking is listed as off site, it is still within the required standards for the Accessibility for Ontarians with Disabilities Act (AODA). He clarified that parking is proposed at the front of the building at the edge of the property as outlined in Exhibit F. Mr. Bar added that the Applicant is compliant with parking ratios under the Zoning By-Law and the AODA. Mr. Clendening explained that a lighting plan has been submitted and will be reviewed by Engineering. He added that the addition of residences and lighting in the area will act as mitigation of unobserved behaviour.

Mr. Rehan voiced his concern regarding Variance 6. He asked if other authorities should be consulted in addition to the Cataraqui Region Conservation Authority (CRCA). Mr. Clendening noted that the CRCA, Parks Canada, and the City's Engineering Department offered a review, where no concerns were found.

Mr. Dakin asked about the form of tenure in the building. Mr. Saurbrei noted that the units in the building will be rented. 

Mr. Scott inquired about potential impact on the Woolen Mill property. He asked if the parking lot would be exclusive to residents of the proposed building. He also asked if Cataraqui Street would be able to withstand a higher volume of traffic. Mr. Clendening explained that the Woolen Mill would continue to be fully compliant for its parking requirements. He added that the site has been designed with an intuitive layout for parking where parking closest to Cataraqui Street would be reserved for the Woolen Mill businesses. He further explained that a Traffic Impact Study has been reviewed and no capacity issues were identified.

The Chair afforded members of the public with an opportunity to speak. 

Mary Farrar, 1 Place D'Armes, suggested that gravel be used for turtle nesting areas as it is preferred over sand. She voiced her concerns with Variance 6 and an increase in traffic as a result of the proposed commercial space. She added that she appreciated the community outreach.

Councillor Osanic asked if the Committee can vote on Variance 6 separately.

• Moved by: Councillor Cinanni
  Seconded by: Mr. Scott

  Recommendation:

  That minor variance application, File Number D13-060-2024, for the property located at 10 Cataraqui Street to construct a six-storey mixed use building, be approved, as described below:

  Variance Number 1: Rooftop Projections

  By-Law Number 2022-62: Section 4.18.2

  Requirement: Setback from the edge of the roof of a building component equal to the height of such component

  Proposed: 0 metres

  Variance Requested: 3.5 metres

  Variance Number 2: Balconies

  By-Law Number 2022-62: Section 4.20.1.2

  Requirement: 45% of each face of the main wall of each storey may be occupied by balconies

  Proposed: 75%

  Variance Requested: 30%

  Variance Number 3: Maximum Number of Units

  By-Law Number 2022-62: Section 20.1.1.L378.b.i

  Requirement: 50 dwelling units

  Proposed: 75 dwelling units

  Variance Requested: 25 dwelling units

  Variance Number 4: Maximum Ground Floor Area

  By-Law Number 2022-62: Section 20.1.1.L378.b.iii

  Requirement: 860 square metres.

  Proposed: 996 square metres

  Variance Requested: 136 square metres

  Variance Number 5: Maximum Gross Floor Area

  By-Law Number 2022-62: Section 20.1.1.L378.b.iv

  Requirement: 5,000 square metres.

  Proposed: 5,431 square metres

  Variance Requested: 431 square metres;

  Variance Number 7: Off-site Parking

  By-Law Number 2022-62: Section 7.1.1.

  Requirement: Parking spaces must be located on the same lot as the corresponding
  use or building.

  Proposed: Parking spaces may be located through off-site parking spaces located within 60.0 metres of the lot.

  Variance Requested: Off site permitted;

  Variance Number 8: Off-site Loading

  By-Law Number 2022-62: Section 7.5.1.

  Requirement: Loading spaces must be provided on the same lot as the corresponding use or building.

  Proposed: Loading spaces may be located through off-site loading spaces located within 6.0 metres of the lot.

  Variance Requested: Off site permitted; and

  That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-25-005.

  Carried
• Moved by: Councillor Osanic
  Seconded by: Councillor Cinanni

  The Committee consented on the following reason for not supporting Variance Number 6:

  That Variance Number 6 does not meet the four tests of a minor variance as it does not conform to the general intent of the Official Plan. The Official Plan states that a setback must be 30 metres from a water course.

  Carried

2.

Application for Minor Variance - 2250 Highway 38

Ms. Sthamann introduced the application.

Mr. Schwartzentruber, Agent for Applicant, was present and indicated that he had nothing to add.

Mr. Scott asked why the building is proposed near the property line given the lot is over one hectare. He inquired if there would be any impact on neighbouring properties. Mr. Schwartzentruber explained that the proposed building location was determined to protect the natural landscape and limit tree cutting on the property. He added that an Impact Study was not conducted, however, the neighbour is aware and no concerns have been risen.

The Chair afforded members of the public with an opportunity to speak. There were no comments received from the public. 

• Moved by: Councillor Cinanni
  Seconded by: Mr. Perkins

  Recommendation:

  That minor variance application, File Number D13-091-2024, for the property located at 2250 Highway 38 to construct a 26.76 square metre accessory building within the front and interior yards of the property, be approved, as described below:

  Variance Number 1: Minimum interior setback

  By-Law Number 2022-62:8.3.1.7

  Requirement: 9 metres

  Proposed: 2.4

  Variance Requested: 6.6 metres

  That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-25-015.

  Carried

3.

Application for Minor Variance - 23 Traymoor Street

Ms. Sthamann introduced the application.

Jennifer Capson, Agent for Applicant, was present and indicated that she had nothing to add.

The Committee did not provide comment.  

The Chair afforded members of the public with an opportunity to speak. There were no comments received from the public. 

• Moved by: Mr. Dakin
  Seconded by: Councillor Osanic

  Recommendation:

  That minor variance application, File Number D13-087-2024, for the property located at 23 Traymoor Street to permit a front porch and an enclosed entry on the existing dwelling, be approved, as described below:

  Variance Number 1: Deck and porch minimum front setback

  By-Law Number: 2022-62: Table 4.20.4.2

  Requirement: 3.5 metres

  Proposed: 2.2 metres

  Variance Requested: 1.3 metres

  That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-25-017.

  Carried

4.

Application for Minor Variance - 1110 Westbrook Road

Ms. Sthamann introduced the application.

Chris Gyuk, Applicant, was present and indicated that he had nothing to add.

Mr. Scott asked if the neighbour was consulted. Mr. Gyuk stated that he was unsure if the homeowner has spoken to the neighbour. He added that notice has been posted on the property and he has not received any negative feedback. 

The Chair afforded members of the public with an opportunity to speak. There were no comments received from the public. 

• Moved by: Mr. Scott
  Seconded by: Councillor Cinanni

  Recommendation:

  That minor variance application, File Number D13-089-2024, for the property located at 1110 Westbrook Road to permit the construction of a new detached garage, be approved, as described below:

  Variance Number 1: Minimum Interior Setback

  By-Law Number 2022-62: Table 8.3.1.7

  Requirement: 9 metres

  Proposed: 1.3 metres

  Variance Requested: 7.7 metres; and

  That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-25-018.

  Carried

5.

Application for Minor Variance - 1149, 1173, 1177 Montreal Street

Ms. Sthamann introduced the application.

Holly Crawford, Agent for Applicant, was present and indicated that she had nothing to add.

Mr. Scott asked for further information regarding the increase in density on property. He asked if there was a change in the size of units. He voiced concern that the location is not walkable to amenities. He inquired if public transit was available in this area and if traffic on Montreal Street had been evaluated. He sought clarification regarding mitigation of sound from the train. Ms. Crawford explained that there is an increase in density from 174 units to 195 units. She noted the unit mix had shifted slightly towards studio units. Mr. Booth explained added that although 21 additional units are proposed, the total number of bedrooms will not increase significantly due to overall changes to the unit layouts. He noted that there are currently 262 bedrooms, and the proposed changes would result in 263 bedrooms. He clarified that the population density in the building will not be dissimilar to as it is currently. Mr. Booth further explained that the site is near parkland amenities, schools and community centres. He added that the site is on two Kingston Transit express routes as well as several local routes with direct access to downtown. He stated that a Traffic Impact Study was conducted in the area and results illustrate that upgrades to existing intersection will not be required and traffic infrastructure will continue to perform with an acceptable level of service.

In response to concerns regarding noise mitigation from the railway, Ms. Crawford stated that extensive consultations with CN Rail had been conducted. Mr. Adams added that the 30-metre setback will be maintained and a berm will be constructed on the property. He noted that the general topography of the site rises away from the CN line which aids in safety mitigation.

Councillor Osanic sought clarification regarding a buffer at the back of the property. Mr. Adams explained that there will be no changes made to the tree line. 

Mr. Dakin asked if landscape mitigation or fencing will be implemented to manage the impact of parking proximity to residential rear yards. He sought clarification regarding the use of the proposed loading space. He inquired how trees will be preserved during the construction of a berm on the property. Mr. Booth explained that the landscape plan available through the accompanying site plan control application indicated that 165 new trees will be introduced to the site in addition to 38 that are being preserved to ensure there is appropriate buffering. He explained that there is flexibility on site for waste pick-up and noted a circulatory system as outlined in Exhibit F. Mr. Adams clarified that not every tree on the property will be preserved. He added that some trees located west of the Utilities Kingston easement will be removed for the construction of the berm.

The Chair afforded members of the public with an opportunity to speak. 

Jade Hunka, 1183 Montreal Street, voiced concern regarding congestion on Montreal Street. She sought clarification regarding a buffer for the train.

In response to the public comment, Mr. Booth explained that a Traffic Impact Study was conducted and it was determined that although it is anticipated there will be an increase in traffic, no negative impact was found on the existing usage. He added that a treed berm will be one of several efforts used to buffer noise coming from train.

• Moved by: Councillor Cinanni
  Seconded by: Mr. Dakin

  Recommendation:

  That minor variance application, File Number D13-084-2024, for the property located at 1149, 1173, and 1177 Montreal Street to increase the permitted unit count, reduce the parking requirement, reduce the number of required loading spaces, permit parking in a front yard, and reduce side and rear yard setbacks, be approved, as described below:

  Variance Number 1: Maximum Number of Units

  By-Law Number 2022-62: E117, Subsection (b) Building A, Subsection (iii)

  Requirement: Maximum of 63 dwelling units

  Proposed: Maximum of 102 dwelling units

  Variance Requested: 39 dwelling units

  Variance Number 2: Maximum Number of Units

  By-Law Number 2022-62: E117, Subsection (c) Building B, Subsection (iii)

  Requirement: Maximum of 63 dwelling units

  Proposed: Maximum of 93 dwelling units

  Variance Requested: 30 dwelling units

  Variance Number 3: Parking Spaces

  By-Law Number 2022-62: Table 7.1.1 (1) (a) (i)

  Requirement: Minimum of 0.8 parking spaces per dwelling unit

  Proposed: Minimum of 0.6 parking spaces per dwelling unit

  Variance Requested: 0.2 parking spaces per dwelling unit

  Variance Number 4: Loading Spaces

  By-Law Number 2022-62: Section 7.5.3

  Requirement: One loading space is required per building

  Proposed: 1 loading space serving two buildings

  Variance Requested: 1 loading space

  Variance Number 5: Parking Location
  By-Law Number 2022-62: Section 7.4.9 (3)

  Requirement: Resident parking spaces must be located in a rear or interior side yard

  Proposed: Permit resident parking spaces in a front yard

  Variance Requested: Permit resident parking spaces in a front yard

  Variance Number 6: Rear Yard Setback

  By-Law Number 2022-62: Table 12.3.1 (5)

  Requirement: Rear yard setback is the greater of 7.5 metres or 25% of the lot depth (equivalent to 34.5 metres on the subject site)

  Proposed: 30 metres

  Variance Requested: 4.5 metres

  Variance Number 7: Interior Side Yard Setback

  By-Law Number 2022-62: E117, Subsection (b) Building B, Subsection (v)

  Requirement: Minimum setback of 7.0 metres to the western interior lot line

  Proposed: Minimum setback of 6.0 metres to the western interior lot line

  Variance Requested: 1.0 metre; and

  That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-25-019.

  Carried

10.

Motions

There were none.

11.

Notices of Motion

There were none.

12.

Other Business

There was none.

13.

Correspondence

1.

Correspondence received, dated January 14, regarding the function and processes of the Committee of Adjustment

2.

Correspondence received, dated January 27, regarding Application for Minor Variance - 10 Cataraqui Street

14.

Date of Next Meeting

The next meeting of the Committee of Adjustment is scheduled for Monday, February 24, 2025, at 5:30 p.m.

15.

Adjournment

• Moved by: Councillor Cinanni
  Seconded by: Mr. Dakin

  That the meeting of the Committee of Adjustment adjourn at 7:01 p.m.

  Carried