The Kingston Record

Committee of Adjustment

November 18, 2024

What was decided (13 motions)

13 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.

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.
Moved by Councillor Hassan, seconded by Mr. Scott Recommendation
Carried
That the Condition #4 for Application for Minor Variance and Permission – 10 Birch Avenue (Report Number COA-24-068) be amended to insert the highlighted wording so that it reads as follows: Standard Archaeological Condition Archaeological clearance of the subject property is required if ground disturbance is proposed , beginning with a Stage One Archaeological Assessment and including any subsequent assessments as required by the Ministry’s ‘Standards and Guidelines for Consultant Archaeologists’, as amended from time to time, prior to any soil disturbance. One digital copy of the assessment report(s) and any acceptance letter(s) from the Ministry of Citizenship and Multiculturalism shall be provided to the Secretary-Treasurer of the Committee of Adjustment, prior to the issuance of a building permit related to any structures/building associated with the ground disturbance. The City relies upon the report of the professional archaeologist as filed, but reserves the right to require further reports should further evidence be uncovered. The applicant may be required to further review the state of archaeological resources on the property depending on the recommendations of the report and subject to input and review from the Ministry Citizenship and Multiculturalism. The City shall not be restricted in its ability to determine requirements related to review, assessment and/or protection should archaeological resources be found on site. Any costs arising fr
Moved by Councillor Hassan, seconded by Mr. Scott
Carried
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.
Moved by Councillor Cinanni, seconded by Mr. Scott Recommendation
Carried
That the agenda be amended to include the addendum, and as amended, be approved.
Moved by Mr. Perkins, seconded by Councillor Cinanni
Carried
That the minutes of Committee of Adjustment Meeting Number 11-2024, held on Monday, October 21, 2024, be approved.
Moved by Mr. Dakin, seconded by Mr. Rehan
Carried
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.
Moved by Councillor Hassan, seconded by Mr. Scott
Carried
That the Condition #4 for Application for Minor Variance and Permission – 10 Birch Avenue (Report Number COA-24-068) be amended to insert the highlighted wording so that it reads as follows: 4. Standard Archaeological Condition Archaeological clearance of the subject property is required if ground disturbance is proposed, beginning with a Stage One Archaeological Assessment and including any subsequent assessments as required by the Ministry’s ‘Standards and Guidelines for Consultant Archaeologists’, as amended from time to time, prior to any soil disturbance. One digital copy of the assessment report(s) and any acceptance letter(s) from the Ministry of Citizenship and Multiculturalism shall be provided to the Secretary-Treasurer of the Committee of Adjustment, prior to the issuance of a building permit related to any structures/building associated with the ground disturbance. The City relies upon the report of the professional archaeologist as filed, but reserves the right to require further reports should further evidence be uncovered. The applicant may be required to further review the state of archaeological resources on the property depending on the recommendations of the report and subject to input and review from the Ministry Citizenship and Multiculturalism. The City shall not be restricted in its ability to determine requirements related to review, assessment and/or protection should archaeological resources be found on site. Any costs arising from such requirements
Moved by Councillor Hassan, seconded by Mr. Scott
Carried
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
Moved by Mr. Perkins, seconded by Mr. Dakin
Carried
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.
Moved by Mr. Dakin, seconded by Mr. Perkins
Carried
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.
Moved by Mr. Dakin, seconded by Mr. Perkins
Carried
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.
Moved by Mr. Dakin, seconded by Mr. Scott
Carried
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.
Moved by Councillor Cinanni, seconded by Mr. Scott
Carried
That the meeting of the Committee of Adjustment adjourn at 6:51 p.m.
Moved by Mr. Perkins, seconded by Councillor Cinanni
Carried

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