Committee of Adjustment

That the application of LOWLAND FREDERICK STREET GP LTD requesting a minor variance to Zoning By-law 85-1 to permit a restaurant patio to be located in the side yard abutting Irvine Street having a 22.0m setback from a 'Residentially Zoned' property rather than the minimum required 30.0m, generally in accordance with drawings prepared by Dfy Studio, dated May 12, 2023, on Part Lots 1 & 2, Plan 32 and Part Lot 4, Plan 364, 151 Frederick Street, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variance requested in this application is minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of ESTER TARUSARIRA NYAZVIGO and MACDONALD NYAZVIGO requesting a minor variance to the Zoning By-law to permit a lot width of 10.6m rather than the required 13.1m to facilitate an Additional Dwelling Unit (ADU) (Attached) to the existing single detached dwelling with an Additional Dwelling Unit (ADU) (Attached) (a Duplex) to have a building with 3 dwelling units in total (a Triplex), generally in accordance with drawings prepared by RT Architects, dated September 2022, on Part Lot 1, Plan 1382; being Part 1 on Reference Plan 58R-20353, 204 Fifth Avenue, Kitchener, Ontario, BE REFUSED . It is the opinion of this Committee that: The variance requested in this application is not minor. This application is not desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is not being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of EMMA MAY GOLD-UTTING and MICAH ISAAC GOLD-UTTING requesting a minor variance to Zoning By-law to permit a front yard setback of 2.6m rather than the required 3.8m; and, a rear yard setback of 6.8m rather than the required 7.5m, to facilitate a new front porch and second storey addition on the front of the existing single detached dwelling and a new one storey addition onto the rear of the dwelling, generally in accordance with drawings prepared by Eagleview Construction, dated June 26, 2023, on Part Lot 15 & 16, Plan 124, 181 Weber Street East, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of DALJIT SINGH MANGAT and JASBIR KAUR MANGAT requesting a minor variance to Zoning By-law to permit two (2) parking spaces to be located side-by-side in the driveway within 6m from the property line rather than the maximum permitted one (1) parking space, to facilitate the conversation of a single detached dwelling into a triplex, generally in accordance with drawings pareped by Pawandeep Grewal, dated March 9, 2023, on Lot 55, Plan 1648, 68 Rushbrook Drive, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variance requested in this application is minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of MCCRORY ASSOCIATES LIMITED requesting a minor variance to the Zoning By-law to permit a westerly side yard setback of 0.9m rather than the required 3m, to facilitate the construction of an addition in the front yard of an existing commercial building (carwash) in accordance with Site Plan Application SP22/133/H/TZ, on Part Lot 1, 6 & 18, Lot 17, Plan 1004; being Parts 1 & 2 on Reference Plan 58R-7047, 460 Highland Road West, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variance requested in this application is minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of MILOMIR VASILJEVIC requesting a minor variance to the Zoning By-law to permit a northerly side yard setback of 1.6m rather than the required 3m; to permit an increase in the maximum Floor Space Ratio (FSR) from 0.6 to an FSR of 0.63; and, to allow for a parking lot to be located 0.5m to the rear lot line rather than 1.5m setback to facilitate the conversion of a single detached dwelling with two Additional Dwelling units, into a multi-residential dwelling with 4 dwelling units, in accordance with drawings prepared by BOBICON LTD. Custom Home Design and Construction Management Services, dated June 29, 2023, on Lot 50, Plan 254, 39 Third Avenue, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of DEREK PETER requesting a minor variance to he Zoning By-law to permit a rear yard setback of 4.9m rather than the required 7.5m to facilitate the removal and reconstruction of an existing addition to the rear of the existing single detached dwelling, in accordance with the drawings submitted with Minor Variance Application A 2023-095, on Part Lot 7, Lot 8, Plan 335, 64 Garden Avenue, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variance requested in this application is minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of NEWVEST REALTY CORPORATION and OTTAWA-RIVER DEVELOPMENTS INC requesting a minor variance to the Zoning By-law to permit a drive-through facility to be located 5.7m from a Residential Zone rather than the required setback of 7.5m to facilitate the reconfiguration and redevelopment of a portion of the commercial site in accordance with Site Plan Application SP23/039/O/TS, on Part Lot 1, Plan 967, Part Lots 30 & 32, Plan 1307; being Part 1 on Reference Plan 58R-7649, 1020 Ottawa Street North, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variance requested in this application is minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of 2701098 ONTARIO INC requesting a minor variance to the Zoning By-law to permit a parking rate of 0.64 parking spaces per dwelling unit (110 parking spaces), rather than the required 0.7 parking spaces per dwelling unit (120 parking spaces); and, to permit an exterior side yard setback abutting Shanley Street of 5m rather than the required 5.8m, to facilitate the construction of an 8-storey residential dwelling having a total of 171-units, in accordance with Site Plan Application SP21/105/S/CD, on Part Lot 446, Lot 447 to 448, Plan 376, 134-152 Shanley Street, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of VLADAN KNEZEVIC requesting a minor variance to the Zoning By-law to permit a rear yard setback of 4.6m rather than the required 7.5m to facilitate the construction of a new single detached dwelling, on Part Lot 15, Plan 943, being Part 2 on Reference Plan 58R-19425, 332 Prospect Avenue, Kitchener, Ontario, BE

That the application of ASHLEY ZUBEN LAURENCE and DANA ELIZABETH WEINER requesting a minor variance to the Zoning By-law to permit an accessory structure to have a height of the underside of the fascia of 4.3m rather than the maximum permitted 3m to facilitate the construction of a detached shed capable of storing camping equipment in the rear yard of an existing single detached dwelling, generally in accordance with drawings prepared by Menno S. Martin Contracting, dated June 15, 2023, on Part Lot B, Plan 386, 471 Duke Street West, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: The variance requested in this application is minor. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-Law and Official Plan is being maintained on the subject property. Pursuant to Section 45 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee’s decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City’s website at www.kitchener.ca.

That the application of 1465762 ONTARIO LIMITED requesting permission for a lease in excess of 21 years for a restaurant and drive-thru as per the plan submitted with the application, the dwelling including drive-thru having an approximate area of 793 sq.m, in accordance with Site Plan Application SP01/06/F/GR, on Part Lot 47, German Company Tract, 685 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner’s or applicant’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. That the property owner or applicant shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property. That the property owner or applicant shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. That the property owner or applicant shall verify, in writing, whether the Lease Agreement, is affected by any required or existing easements and/or restricted covenants, to confirm the necessary arrangements for servicing, shared parking and access a

That the application of SCOTT RONALD MOODY requesting permission to sever a parcel of land municipally addressed as 51 Pequegnat Avenue having a width of 13.4m, a depth of 24.9m and an area of 301.9 sq.m., on Part Lot 3 & 4, Plan 429, 47 & 51 Pequegnat Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the property owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify there are no outstanding taxes on the subject property, to the satisfaction of the City’s Revenue Division. 3. That the property owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City’s Mapping Technologist. It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener