The Kingston Record

Committee of Adjustment

July 17, 2023

What was decided (11 motions)

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

That the agenda be amended to include the addendum, and as amended, be approved.
Moved by Mr. Tekenos-Levy, seconded by Mr. Sinha
Carried
That the minutes of Committee of Adjustment Meeting 07-2023, held Monday, June 19, 2023, be approved.
Moved by Mr. Dakin, seconded by Mr. O’Hare
Carried
That minor variance application, File Number D13-038-2023, for the property located at 3048 Creekford Road to reduce the minimum required lot frontage to 64.3 metres for the lot retained as part of severance applications D10-001-2023 and D10-002-2023, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Table 8.3.1.2: Minimum Lot Frontage • Requirement: 90 metres • Proposed: 64.3 metres • Variance Requested: 25.7 metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-039.
Moved by Mr. Dakin, seconded by Mr. Sinha
Carried
That minor variance application, File Number D13-032-2023, for the property located at 95 Charles Street and 99 Charles Street to permit a reduced setback for an accessory structure and a reduced minimum aggregate of interior setbacks on the retained parcel; and to permit a reduced minimum lot area, minimum lot frontage, and minimum interior setback for the severed parcel, be approved, as described below: Retained Lot (95 Charles Street): Variance Number 1: By-Law Number 2022-62: Section 4.1.2.4: Accessory Building Setback from an Interior Lot Line • Requirement: 1.2 metres • Proposed: 1.15 metres • Variance Requested: 0.05 metres Variance Number 2: By-Law Number 2022-62: Table 11.6.1.8: Aggregate of Interior Setbacks • Requirement: 3.6 metres • Proposed: 2.76 metres • Variance Requested: 0.84 metres Severed Lot (99 Charles Street): Committee of Adjustment Meeting Number 08-2023 – Monday, July 17, 2023 at 5:30 p.m. Page 6 of 18 Variance Number 3: By-Law Number 2022-62: Table 11.6.1.1: Minimum Lot Area • Requirement: 370 square metres • Proposed: 232.2 square metres • Variance Requested: 137.8 square metres Variance Number 4: By-Law Number 2022-62: Table 11.6.1.2: Minimum Lot Frontage • Requirement: 10 metres • Proposed: 5.8 metres • Variance Requested: 4.2 metres Variance Number 5: By-Law Number 2022-62: Section 11.6.2.1(a): Interior Setback for Semi-Detached House or Townhouse • Requirement: 3 metres where there is no common party wall on a lot line • Proposed: 0 metres • Va
Moved by Mr. O’Hare, seconded by Mr. Tekenos-Levy
Carried
That minor variance application, File Number D13-028-2023, for the property located at 99 Charles Street to construct a second storey on top of the existing rear addition, be approved, as described below: Variance Number 1: By-Law Number 2022-62: 11.6.2.1(a) Interior Setback for Semi-Detached House or Townhouse • Requirement: 3 metres where there is no common party wall on a lot line • Proposed: 0 metres • Variance Requested: 3 metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-044.
Moved by Mr. Dakin, seconded by Mr. Somnath
Carried
That minor variance application, File Number D13-033-2023, for the property located at 1200 Princess Street to reduce the minimum drive aisle width where the parking spaces are perpendicular to the drive aisle from 6.7 metres to 5.7 metres for one-way drive aisles and 6.0 metres for two-way drive aisles, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Table 7.4.1: Minimum Drive Aisle Width Where Parking Space is Perpendicular to Drive Aisle • Requirement: 6.7 metres • Proposed: 5.7 metres for a one-way drive aisle and minimum 6.0 metres for a two-way drive aisle • Variance Requested: 1.0 metres for a one-way drive aisle and 0.7 metres for a two-way drive aisle Committee of Adjustment Meeting Number 08-2023 – Monday, July 17, 2023 at 5:30 p.m. Page 9 of 18 That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-042.
Moved by Mr. Dakin, seconded by Mr. Tekenos-Levy
Carried
That minor variance application, File Number D13-035-2023, for the property located at 53 William Street to add a one-storey rear addition, a deck located in the side yard, and expand the existing front vestibule, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Section 13.4: Minimum interior setback • Requirement: 3.5 metres (except where a common party wall is located along a lot line, then 0 metres) • Proposed: 2.8 metres • Variance Requested: 0.7 metres Variance Number 2: By-Law Number 2022-62: Section 13.4: Minimum front setback • Requirement: 3.5 metres • Proposed: 22.5 metres • Variance Requested: 19.0 metres Variance Number 3: By-Law Number 2022-62: Section 13.4: Rear setback • Requirement: 7.5 metres • Proposed: 1.2 metres • Variance Requested: 6.3 metres Variance Number 4: By-Law Number 2022-62: Table 4.20.4: Rear setback for deck with a height no greater than 0.6 metres above finished grade • Requirement: 2.0 metres • Proposed: 1.2 metres • Variance Requested: 0.8 metres; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-046.
Moved by Mr. O’Hare, seconded by Mr. Dakin
Carried
That minor variance application, File Number D13-030-2023, for the property located at 322 Brock Street to construct an enclosure for an existing parking garage ramp, be approved, as described below: Committee of Adjustment Meeting Number 08-2023 – Monday, July 17, 2023 at 5:30 p.m. Page 12 of 18 Variance Number 1: By-Law Number 2022-62:Table 12.4.1(7): Minimum Interior Setback • Requirement: 0.6 metres • Proposed: 0.46 metres • Variance Requested: 0.14 metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-23-047.
Moved by Mr. O’Hare, seconded by Mr. Sinha
Carried
That minor variance application, File Number D13-034-2023 for the property located at 627 Princess Street and 518 Albert Street to construct a six-storey mixed-use building containing 30 residential units, be approved, as described below: 518 Albert Street: Variance Number 1: By-Law Number: 2022-62: Section 7.4.8.5.: Cumulative width of driveway within the front setbacks • Requirement: 6.0 metres • Proposed: 7.38 metres • Variance Requested: 1.38 metres; Variance Number 2: By-Law Number: 2022-62: Section 7.4.8.6.: Cumulative width of driveways beyond the front setback • Requirement: 6.0 metres • Proposed: 7.38 metres • Variance Requested: 1.38 metres; 627 Princess Street: Variance Number 3: By-Law Number: 2022-62: Row 11 - Table 10.2.1. – WM1 Provisions: Residential Density • Requirement: 210 dwelling units per net hectare • Proposed: 352 dwelling units per net hectare • Variance Requested: 142 dwelling units per net hectare; Variance Number 4: By-Law Number: 2022-62: 4.18.2: Projection above maximum height (mechanical equipment) • Requirement: 3.5 metres • Proposed: 4.8 metres • Variance Requested: 1.3 metres; Committee of Adjustment Meeting Number 08-2023 – Monday, July 17, 2023 at 5:30 p.m. Page 14 of 18 Variance Number 5: By-Law Number: 2022-62: 4.18.2: Projection above maximum height (mechanical equipment) • Requirement: 10% of the roof area setback from the edge of the roof equal to the vertical height of such building component • Proposed: 23.3% of the roof area setbac
Moved by Mr. O’Hare, seconded by Mr. Dakin
Carried
That minor variance application, File Number D13-029-2023 for the property located at 926-928 Portsmouth Ave to permit interior alterations of the existing semi-detached house on the severed and retained lots for a total of two dwelling units on each lot, be approved as described below: Severed Lot (926 Portsmouth Ave) Variance Number 1: By-Law Number: Table 11.11.1.(2): Minimum Lot Frontage • Requirement: 15.0 metres • Proposed: 7.0 metres • Variance Requested: 8.0 metres; and, Variance Number 2: By-Law Number: Table 4.20.4.(3): Interior yard privacy fence requirement of 1.5 metres for a deck associated with semi-detached house • Requirement: When a deck associated with a semi-detached house is located along a common party wall, a common privacy fence must be established along the interior lot line • Proposed: Despite Section 4.20.4.(3), a 1.5 metre privacy fence will not be required to be established along the interior lot line that is shared between the severed and retained lots. • Variance Requested: Removing the requirement for the 1.5 metre tall privacy fence along the common party wall between the severed and retained lot; and Variance Number 3: By-Law Number: 7.4.8.(4): Maximum area of a parking lot in the urban area • Requirement: 43.0 square metres • Proposed: 71.0 square metres • Variance Requested: 28.0 square metres; and, Retained Lot (928 Portsmouth Ave) Committee of Adjustment Meeting Number 08-2023 – Monday, July 17, 2023 at 5:30 p.m. Page 17 of 18 Variance Nu
Moved by Mr. Tekenos-Levy, seconded by Mr. Sinha
Carried
That the meeting of the Committee of Adjustment adjourn at 7:26 p.m.
Moved by Mr. O’Hare, seconded by Mr. Dakin
Carried

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