Committee of Adjustment

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

That the minutes of Committee of Adjustment Meeting Number 10-2022, held on Monday, September 19, 2022, be approved.

That minor variance application, File Number D13-043-2022, for the property located at 880 Stephentown Lane to construct a 139.4 square metre front yard accessory building, be approved, as described below: Variance 1: By-Law Number 32-74: Section 8 (3) (j) (5) • Requirement: 200 square metres • Proposed: 311.1 square metres • Variance Requested: 111.1 square metres Committee of Adjustment Meeting Number 11-2022 – Monday, October 17, 2022 at 5:30 p.m. Page 4 of 15 Variance 2: By-Law Number 2022-62: Section 20.1.1, Legacy Exceptions Subsection L283 (f) • Requirement: 200 square metres • Proposed: 311.1 square metres • Variance Requested: 111.1 square metres Variance 3: By-Law Number 2022-62: Section 4.1.2 (1) • Requirement: Rear yard, Interior yard, and the Exterior yard • Proposed: Front yard • Variance Requested: Front yard; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions), as amended, to Report Number COA-22-078.

That minor variance application, File Number D13-053-2022, for the property located at 886 Rowantree Crescent to increase the maximum area for a deck which is greater than 1.2 metres in height from finished grade in the Kingston Zoning By-Law Number 2022- 62, to construct a 44.6 square metre deck at the rear of the dwelling and a 9.3 square metre deck pan above the basement entrance for a total deck area of 49.9 square metres, be approved, as described below: Committee of Adjustment Meeting Number 11-2022 – Monday, October 17, 2022 at 5:30 p.m. Page 6 of 15 Variance 1: By-Law Number 2022-62: Section 4.20.4.1 Maximum Area of a Deck more than 1.2 metres in Height Above Finished Grade Level • Requirement: 30 square metres • Proposed: 49.9 square metres • Variance Requested: 19.9 square metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-22-074.

That the Recommendation in Report COA-22-074 be amended by deleting Clause 1 in its entirety and replacing it with the following: That minor variance application, File Number D13-053-2022, for the property located at 886 Rowantree Crescent to increase the maximum area for a deck which is greater than 1.2 metres in height from finished grade in the Kingston Zoning By-Law Number 2022-62, to construct a 44.6 square metre deck at the rear of the dwelling and a 9.3 square metre deck pan above the basement entrance for a total deck area of 49.9 square metres, be approved, as described below: Variance 1: By-Law Number 2022-62: Section 4.20.4.1 Maximum Area of a Deck more than 1.2 metres in Height Above Finished Grade Level • Requirement: 30 square metres • Proposed: 49.9 square metres • Variance Requested: 19.9 square metres

That minor variance application, File Number D13-052-2022, for the property located at 813 Victoria Street to replace an existing garage with a new 79.8 square metre accessory building which includes a new garage with a rooftop amenity space, and a personal gym, be approved, as described below: Variance 1 By-Law Number 2022-62: Section 4.1.2.3 Maximum Height for an Accessory Structure • Requirement: 4.6 metres • Proposed: 4.9 metres • Variance Requested: 0.3 metres Committee of Adjustment Meeting Number 11-2022 – Monday, October 17, 2022 at 5:30 p.m. Page 8 of 15 Variance 2 By-Law Number 2022-62: Section 4.1.2.2 Maximum Lot Coverage for Accessory Structures • Requirement: 10% of lot size, 40.5 square metres • Proposed: 19.7% of lot size, 79.8 square metres • Variance Requested: 9.7% of lot size, 39.8 square metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-22-068.

That minor variance application, File Number D13-056-2022 for the property located at 3 Karlee Court to reduce the minimum lot frontage, minimum lot area, and minimum side yard setback provisions for a corner lot, be approved, as described below: Variance 1 By-Law Number 2022-62: Section 20.1.1, Legacy Exceptions Subsection L460 (b) (iii) • Requirement: 7.5 metres • Proposed: 6.45 metres • Variance Requested: 1.05 metres Variance 2 By-Law Number 2022-62: Section 20.1.1, Legacy Exceptions Subsection L460 (a) – Minimum Lot Area • Requirement: 230 square metres per dwelling unit • Proposed: 206.1 square metres • Variance Requested: 23.9 square metres Variance 3 By-Law Number 2022-62: Section 20.1.1, Legacy Exceptions Subsection L460 (f) (vi) Minimum Side Yard (Corner lot) • Requirement: 7.5 metres • Proposed: 6.0 metres • Variance Requested: 1.5 metres That approval of the Minor Variance be subject to the conditions attached as Exhibit A (Recommended Conditions – Minor Variance) to Report Number COA-22-072; and, That consent application, File Number D10-022-2022, to sever a lot with 206.1 square metres of land with 6.45 metres of lot frontage on Karlee Court, be provisionally approved subject to the conditions included in Exhibit B (Recommended Conditions – Consent) to Report Number COA-22-072.

That minor variance application, File Number D13-054-2022, for the property located at 2 Rudd Avenue to construct an attached garage onto the existing single-family dwelling, be approved, as described below: Variance 1 By-Law Number 2022-62: Table 8.4.1, Zoning Provision 5 Minimum Rear Setback • Requirement: 7.5 metres • Proposed: 3.77 metres • Variance Requested: 3.73 metres Committee of Adjustment Meeting Number 11-2022 – Monday, October 17, 2022 at 5:30 p.m. Page 11 of 15 Variance 2 By-Law Number 2022-62: Table 8.4.1, Zoning Provision 6 Minimum Exterior Setback • Requirement: 6.1 metres • Proposed: 1.5 metres • Variance Requested: 4.6 metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-22-069.

That minor variance application, File Number D13-050-2022, for the property located at 720 Princess Street to reduce the minimum number of required parking spaces from 0.5 parking spaces per dwelling unit to 0.31 parking spaces per dwelling unit, be approved, as described below: Variance 1 By-Law Number 2022-62: 20.1.1.L385(f)(i)(1) Required Parking Spaces • Requirement: Residential: 0.5 parking spaces per dwelling unit • Proposed: Residential: 0.31 parking spaces per dwelling unit • Variance Requested: 0.19 parking spaces per dwelling unit That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-22-070.

That paragraph 5 of the recommendation in Report COA-22-067, be deleted and replaced with the following: That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions), as amended, to Report COA-22-078.

That Recommended Condition 4, Archaeological Condition, in Exhibit A be deleted and replaced with the following: In the event that deeply buried or previously undiscovered archeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism, Culture and Sport (416-314-7132) and the City of Kingston’s Planning Services (613-546-4291, extension 3180) must be immediately contacted. In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police (613-549-4660), the Registrar of Cemeteries Regulation Section of the Ontario Ministry of Consumer Business Services (416-326-8404), the Cultural Program Branch of the Ministry of Tourism, Culture and Sport (416-314-7132), and the City of Kingston’s Planning Services (613- 546-4291, extension 3180) must be immediately contacted.

That the meeting of the Committee of Adjustment adjourn at 7:30 p.m.