Committee of Adjustment

That the agenda be amended to consider Business Item 8(c) in advance of Business Item 8(a), and that the agenda be further amended to include the addendum, and as amended, be approved.

That the minutes of Committee of Adjustment Special Meeting Number 03-2023, held Monday, March 6, 2023, be approved.

That minor variance application, File Number D13-071-2022, for the property located at 3107 Highway 15 to locate a dog kennel within a barn located 65 metres from a dwelling on a neighbouring property, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Section 6.4.2.2.: Minimum Separation for Dog Kennels • Requirement: 120 metres • Proposed: 65 metres • Variance Requested: 55 metres; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-012.

That minor variance application, File Number D13-075-2022 for the property located at 2261 Highway 38, requesting relief from the minimum lot frontage requirement to sever one parcel of land, be approved, as described below: Variance Number 1: By-Law Number: 2022-62 Section 8.3.1 (2) Minimum Lot Frontage • Requirement: 90 metres • Proposed: 72 metres • Variance Requested: 18 metres; and Committee of Adjustment Meeting Number 04-2023 – Monday, March 20, 2023 at 5:30 p.m. Page 6 of 21 That approval of the Minor Variance application be subject to the conditions attached as Exhibit A (Recommended Conditions – Minor Variance) to Report Number COA-23-013; and, That Consent application, File Number D10-049-2022, to sever one parcel of land at 2261 Highway 38, be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions – Consent) to Report Number COA-23-013.

That minor variance application, File Number D13-076-2021, for the property located at 1 The Point Road to increase the maximum height of a detached accessory building from 5 metres to 6.7 metres in order to construct an accessory building, be approved, as described below: Variance Number 1: By-Law Number 32-74: Section 5(1)(e)(i): Maximum Height of an Accessory Building • Requirement: 5 metres • Proposed: 6.7 metres • Variance Requested: 1.7 metres; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-22-010.

That minor variance application, File Number D13-073-2022, for the property located at 28 Riverside Drive to replace a 45 square metre deck with a 70 square metre deck, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Table 4.20.4.1: Increase maximum size of a deck more than 1.2 metres above grade • Requirement: Maximum of 30.0 square metres is permitted at a height of 1.2 metres or greater • Proposed: 70 square metres • Variance Requested: 40 square metres; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-011.

That minor variance application, File Number D13-005-2023 for the property located at 23 and 25 Ellerbeck Street to permit a reduction in the required lot area, lot frontage, and building setbacks, be approved, as described below: Variance Number 1: By-Law Number: 2022-62: Section 11.6.1.1: Lot Area • Requirement: 370 square metres • Proposed: 305 square metres • Variance Requested: 65 square metres Variance Number 2: By-Law Number: 2022-62: Section 11.6.1.2: Lot Frontage • Requirement: 10 metres • Proposed: 6.24 metres • Variance Requested: 3.76 metres Variance Number 3: 25 Ellerbeck Street (Severed Lot): Interior Setback for Existing Semi-detached House By-Law Number: 2022-62: Section 11.6.2.1.(a): 25 Ellerbeck Street (Severed Lot): Interior Setback for Existing Semi-detached House • Requirement: 3.0 metres • Proposed: 0.39 metres • Variance Requested: 2.61 metres Variance Number 4: 23 Ellerbeck Street (Retained Lot): Interior Setback for Existing Semi-detached House By-Law Number: 2022-62: Section 11.6.2.1.(a): 23 Ellerbeck Street (Retained Lot): Interior Setback for Existing Semi-detached House • Requirement: 3.0 metres • Proposed: 0.56 metres Committee of Adjustment Meeting Number 04-2023 – Monday, March 20, 2023 at 5:30 p.m. Page 12 of 21 • Variance Requested: 2.44 metres; and That approval of the Minor Variance be subject to the conditions attached as Exhibit A (Recommended Conditions – Minor Variance) to Report Number COA-23-017; and That consent application, File Num

That minor variance application, File Number D13-008-2023, for the property located at 795 Innovation Drive to reduce the rear yard setback to 9 metres and to reduce the landscaped open space to 12.9% of the subject property, be approved, as described below: Variance Number 1: Rear Yard Setback By-Law Number 2022-62: Section 16.2.2.3.b. • Requirement: 15.0 metres • Proposed: 9.0 metres • Variance Requested: 6.0 metres Variance Number 2: Landscaped Open Space By-Law Number 2022-62: Section 16.2.1.8. • Requirement: 15% • Proposed: 12.9% • Variance Requested: 2.1%; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-018.

That minor variance application, File Number D13-006-2023, for the property located at 78 Gore Street to expand a rear, third storey dormer, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Section 13.4.2.1.(b): Minimum Setback of Dormer Sidewall from Edge of Roof • Requirement: 1.0 metre minimum setback from the edge of the roof on which it is located • Proposed: 0.4 metre minimum setback from the edge of the roof on which it is located • Variance Requested: 0.6 metres Committee of Adjustment Meeting Number 04-2023 – Monday, March 20, 2023 at 5:30 p.m. Page 15 of 21 Variance Number 2: By-Law Number 2022-62: Section 13.4.2.1(c): Minimum Cumulative Length of Dormers on Same Portion of Roof • 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. • Proposed: The maximum cumulative length of the dormers on the same portion of a sloped roof at 78 Gore Street is 6.48 metres or 94% of the length of the roof on which it is located. • Variance Requested: 44% or 1.88 metres; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-016.

That minor variance application, File Number D13-066-2022 for the property located at 3125 Creekford Road to reduce the minimum lot frontage, be approved, as described below: Variance Number 1A: By-Law Number: 2022-62: Table 8.3.1.2: Minimum Lot Frontage • Requirement: 90 metres • Proposed: 60 metres • Variance Requested: 30 metres; and That approval of the Minor Variance be subject to the conditions attached as Exhibit A (Recommended Conditions – Minor Variance) to Report Number COA-23-006; and That consent application, File Number D10-030-2022, to sever a 1-hectare parcel, be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions – Consent), as amended, to Report Number COA-23-006; and That minor variance application, File Number D13-067-2022, for the property located at 3125 Creekford Road to reduce the minimum lot frontage, be approved, as described below: Variance Number 1B: By-Law Number: 2022-62: Table 8.3.1.2: Minimum Lot Frontage • Requirement: 90 metres • Proposed: 60 metres • Variance Requested: 30 metres; and Committee of Adjustment Meeting Number 04-2023 – Monday, March 20, 2023 at 5:30 p.m. Page 18 of 21 That approval of the Minor Variance be subject to the conditions attached as Exhibit C (Recommended Conditions – Minor Variance) to Report Number COA-23-006; and That consent application, File Number D10-031-2022, to sever a 1-hectare parcel containing the existing detached dwelling house, be provisionally approved subject

That Exhibits B and D to Report COA-23-006 be amended in Condition 11(n) “Development Agreement” to delete n) b. in its entirety, and to add a new clause (o) as follows: “o) That, for the lot to be retained, the development envelope (ie septic system, driveway, dwelling) be limited to the area shown on Figure 3 from the Environmental Impact Study by Cambrium Inc. dated September 27, 2022, unless otherwise demonstrated by a subsequent Environmental Impact Study (EIS) to the satisfaction of the City of Kingston. The owner acknowledges all responsibilities for any applicable fees for subsequent studies and review of such EIS by the City of Kingston.”

That permission and minor variance application, File Number D13-007-2023, for the property located at 284 Westdale Avenue to raise the height of the single detached house by 1.2 metres and to reduce the width of the existing driveway, be approved, as described below: Permission: To permit the increase in height of a single detached house by 1.2 metres, located in the ‘Urban Multi-Residential Type 6’ zone of Kingston Zoning By-Law Number 2022- 62. Variance Number 1: By-Law Number 2022-62: Section 7.4.1.: Driveway Width • Requirement: 3.0 metres • Proposed: 2.7 metres • Variance Requested: 0.3 metres; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-015.

That minor variance application, File Number D13-004-2023, for the property located at 3060 Lindsay Lane to locate an accessory structure within the front yard, be approved, as described below: Variance Number 1: By-Law Number 2022-62:Section 4.1.2.1.: Location of Accessory Building • Requirement: The accessory building must be located within a rear yard, exterior yard or interior yard. • Proposed: To locate the accessory building within the front yard. • Variance Requested: To locate the accessory building within the front yard. That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-028.

That the meeting of the Committee of Adjustment adjourn at 8:32 p.m.