The Kingston Record

Committee of Adjustment

March 18, 2024

What was decided (15 motions)

14 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.

That the agenda be amended to include the addendum and to re-order the business to deal with item f) first, and as amended, be approved.
Moved by Mr. Perkins, seconded by Mr. Scott
Carried
That the minutes of Committee of Adjustment Meeting Number 03-2024, held Monday, February 26, 2024, be approved.
Moved by Mr. Perkins, seconded by Mr. Tekenos-Levy
Carried
That minor variance application, File Number D13-010-2024, for the property located at 18 Queen Street and 282 Ontario Street to vary maximum rooftop projections provisions to support development of the property with a 23-storey mixed-use building, be approved, as described below: Committee of Adjustment Meeting Number 04-2024 – Monday, March 18, 2024 at 5:30 p.m. Page 4 of 19 Variance Number 1: By-Law Number 96-259:5.19 (i) i) Height Restrictions Exceptions – Maximum Height • Requirement: 3.5 metres • Proposed: 5.6 metres Variance • Requested: 2.1 metres Variance Number 2: By-Law Number 96-259:5.19 (i) ii) Height Restrictions Exceptions – Maximum Area • Requirement: 10% • Proposed: 17% • Variance Requested: 7% Variance Number 3: By-Law Number 96-259:5.1.9 (i) iii) Height Restrictions Exceptions – Maximum Length • Requirement: 50% • Proposed: 55% • Variance Requested: 5%; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-034.
Moved by Mr. Rehan, seconded by Mr. Perkins
Carried
That minor variance application, File Number D13-012-2024, for the property located at 900-920 Gardiners Road to obtain relief from minimum privacy yards and visitor parking setbacks to support development of the site with three new 6-storey residential buildings, be approved, as described below: Variance Number 1: By-Law Number 76-26: 15(2)(o)(ii) – Privacy Yards for Parking Area or Driveway • Requirement: 7.6 metres (25 feet) • Proposed: 3 metres • Variance Requested: 4.6 metres Variance Number 2: By-Law Number 76-26: 15(2)(o)(ii) – Privacy Yards for Pedestrian Access Surface • Requirement: 3.7 metres (12 feet) • Proposed: 1 metre • Variance Requested: 2.7 metres; and Variance Number 3: By-Law Number 76-26: 16 (c) – Visitor Parking Location • Requirement: 7.6 metres (25 feet) to street line and 3.1 metres (10 feet) to side lot line • Proposed: 0.5 metres from street line and side lot line • Variance Requested: 7.1 metres and 2.6 metres That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-033.
Moved by Mr. Sinha, seconded by Mr. Perkins
Carried
That minor variance application, File Number D13-007-2024, for the property located at 283 Rideau Street to construct an additional residential unit, be approved, as described below: Variance Number 1: By-Law Number 8499: Section 5.45(xxiv)(b) & 5.17(a)(ii) • Requirement: Maximum lot coverage of 10% for detached Second Residential Unit • Proposed: Maximum lot coverage of 15% for detached Second Residential Unit • Variance Requested: 5%; Variance Number 2: By-Law Number 8499: Section 5.45(xvi) • Requirement: The exterior entrance to a Second Residential Unit, shall be accessed by a minimum 1.2 metre wide unobstructed pathway. • Proposed: The exterior entrance to a Second Residential Unit, shall be accessed by a minimum 1.1 metre wide unobstructed pathway • Variance Requested: 0.1 metre; Committee of Adjustment Meeting Number 04-2024 – Monday, March 18, 2024 at 5:30 p.m. Page 7 of 19 Variance Number 3: By-Law Number 8499: Section 5.45(xvii) • Requirement: A “pathway” is defined as a hard surface treated path that is separately delineated from the driveway and provides pedestrian access. • Proposed: A “pathway” is defined as a hard surface treated path that is separately delineated, but may be overlapping with driveway where no parking spaces are located, from the driveway and provides pedestrian access. • Variance Requested: “pathway” may be overlapping with driveway where no parking spaces are located; and That approval of the application be subject to the conditions attached
Moved by Mr. Tekenos-Levy, seconded by Mr. Perkins
Carried
That minor variance application, File Number D13-011-2024, for the property located at 386 & 390 Johnson Street and 40 Aberdeen Street to allow rooftop mechanical and service building components to project above the maximum permitted height for an area occupying 30% of the roof area, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Section 4.18.2 • Requirement: Despite the height provisions of this By-law, mechanical and service equipment is permitted to project a maximum of 3.5 metres above the maximum permitted height, with a maximum area of 10% of the roof area on which they are located, in the aggregate, and a minimum setback from the edge of the roof equal to the vertical height of such building component. • Proposed: Permit mechanical and service equipment to occupy a maximum total of 30% of the roof area on which they are located. • Variance Requested: 20%; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-027.
Moved by Mr. Scott, seconded by Mr. Tekenos-Levy
Carried
That the application for permission, File Number D13-008-2024, for the property located at 814 River Styx Lane to re-construct and enlarge an existing legal non-conforming dwelling, be approved; and That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-030.
Moved by Mr. Scott, seconded by Mr. Perkins
Carried
That minor variance application, File Number D13-005-2024, for the property located at 51 Alwington Ave to permit the conversion of a detached garage to a detached additional residential unit, be approved, as described below: Variance Number 1: By-Law Number 2022-62:7.1.1 – Minimum required parking space • Requirement: 2 parking spaces • Proposed: 1 parking space • Variance Requested: 1 parking space. Variance Number 2: By-Law Number 2022-62:7.4.1 Minimum parking space provisions • Requirement: Perpendicular to drive aisle: 2.6 metres by 5.5 metres with a minimum driveway width of 6.7 metres • Proposed: 3 metres by 6 metres parking space with a 3 metre driveway width. • Variance Requested: 0.6 metre parking space width and 3 metre minimum driveway width. Variance Number 3: By-Law Number 2022-62: 4.27.1.4(iv) : Walkway Provisions • Requirement: A walkway that is separately delineated and measured distinctly from a required driveway. A vehicle must not park on top of any part of the walkway. • Proposed: That a portion of the walkway overlaps with the driveway. • Variance Requested: That the walkway be allowed to overlap with the driveway. Variance Number 4: By-Law Number 2022-62: 5.4.6.9 (ii): Minimum interior setback • Requirement: 1.2 metre • Proposed: 0 metre • Variance Requested: 1.2 metre. Variance Number 5: By-Law Number 2022-62 : 5.4.6.9.(iv) : Maximum lot coverage • Requirement: 10% • Proposed: 14% • Variance Requested: 4% Committee of Adjustment Meeting Number 04-2024
Moved by Mr. Tekenos-Levy, seconded by Mr. Scott
Lost
That the recommendation for Report Number COA-24-024 - Application for Minor Variance at 51 Alwington Avenue, be amended in Variance 6 as described in bold below: Variance Number 6: By-Law Number 2022-62 : 5.4.6.9.(b) : Privacy fence requirement • Requirement: A 1.8 metre privacy fence along all interior lot lines and rear lot lines adjacent to the rear yard. • Proposed: A 1.8 metre privacy fence along the rear lot line, no privacy fence along the northern interior lot line and the southern interior lot line where an existing accessory building is located. • Variance Requested: A 1.8 metre fence along the northern interior lot line and along the southern interior lot line where an existing accessory building is located.
Moved by Mr. Tekenos-Levy, seconded by Mr. Scott
Carried
Committee of Adjustment Meeting Number 04-2024 – Monday, March 18, 2024 at 5:30 p.m. Page 15 of 19 That Application for Minor Variance – 51 Alwington Avenue be denied due to the following land use planning rational: That the variances for parking and walkway provisions, lot coverage, interior setback, and privacy fence do not meet one of the four tests, as they are not cumulatively minor in nature.
Moved by Mr. Tekenos-Levy, seconded by Mr. Scott
Carried
That minor variance application, File Number D13-004-2024, for the property located at 11 Fergus Street to legalize a deficient front setback for a single detached house, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Table 11.14.1.4(b) • Requirement: 2.8 metres • Proposed: 1.6 metres • Variance Requested: 1.2 metres; and Committee of Adjustment Meeting Number 04-2024 – Monday, March 18, 2024 at 5:30 p.m. Page 16 of 19 That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-029.
Moved by Mr. Rehan, seconded by Mr. Perkins
Carried
That minor variance application, File Number D13-061-2023, for the property located at 394 and 392 Division Street to construct a front addition with exterior stairs, be approved, as described below: Variance Number 1: By-Law Number 2022-62: Section 4.19.3. Exterior Stairs • Requirement: 0.5 metres • Proposed: 0.33 metres • Variance Requested: 0.17 metres. Variance Number 2: By-Law Number 2022: Section 11.6.1.(4) (d) Front Yard Setback • Requirement: 2.92 metres • Proposed: 1.63 metres • Variance Requested: 1.29 metres; and Committee of Adjustment Meeting Number 04-2024 – Monday, March 18, 2024 at 5:30 p.m. Page 17 of 19 That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-032.
Moved by Mr. Tekenos-Levy, seconded by Mr. Scott
Carried
That consent application, File Number D10-021-2023, to sever an approximately 5463 square metre lot and establish easements for servicing and access across the severed and retained lot, be provisionally approved subject to the conditions included in Exhibit A (Recommended Conditions) to Report Number COA-24-023.
Moved by Mr. Scott, seconded by Mr. Perkins
Carried
That minor variance application, File Number D13-003-2024, for the property located at 117 Dundas Street to construct an attached one storey addition, be approved, as described below: Variance Number 1: Minimum Exterior Setback - By-Law Number 2022-62: Table 11.6.1.(6) • Requirement: 4.5 metres • Proposed: 3.9 metres • Variance Requested: 0.6 metres. Variance Number 2: Minimum Front Setback - By-Law Number 2022-62: Table 11.6.1.(4) • Requirement: 4.5 metres • Proposed: 9.08 metres • Variance Requested: 4.5 metres. That approval of the application be subject to the conditions attached as Exhibit A (Recommended Conditions) to Report Number COA-24-031.
Moved by Mr. Tekenos-Levy, seconded by Mr. Perkins
Carried
That the meeting of the Committee of Adjustment adjourn at 7:45 p.m.
Moved by Mr. Scott, seconded by Mr. Perkins
Carried

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