Committee of Adjustment

That the application of MARGARET-BENTON PROPERTIES (KITCHENER) LTD. requesting a minor variance to permit 7 parking spaces including 2 visitor parking spaces (0.43 parking spaces per dwelling unit) rather than the required 17 parking spaces including 3 visitor parking spaces (1.15 parking spaces per dwelling unit) to facilitate the renovation of the existing 2-storey building with 14 dwelling units, generally in accordance with drawings prepared by Margaret-Benton Properties (Kitchener) Ltd., submitted with minor variance application A 2024-081, on Part Lot 39, Part Laneway, Plan 749, and Part 7, Reference Plan 58R-3772, 236 Margaret 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 RABIA WASEEM and WASEEM HUSSAIN CHAUDHRY requesting minor variances to permit an unobstructed walkway to have a width of 1.0m rather than the required 1.1m; and a westerly side yard setback of 1.0m rather than the required 1.2m to recognize the location of the existing building and to facilitate the development of an Additional Dwelling Unit (ADU)(Detached and Attached), generally in accordance with drawings prepared by Mechways Inc., submitted with minor variance application A 2024-082, on Lot 1, Plan 787, 685 Frederick 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 ANISA SAMIMI and SIAMAK SAMIMI requesting a minor variance to permit a pool in the front yard, whereas the Zoning By-law only permits a pool in the interior, exterior or rear yards, to facilitate the installation of a pool on an irregularly shaped property, generally in accordance with drawings prepared by Jeff Hawkins, dated September 17, 2024, on Lot 4, Plan 58M-404, 361 Westmeadow 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 the GRAND RIVER HOSPITAL FOUNDATION requesting minor variances to permit a canopy to project 3.3m into the front yard rather than the maximum permitted 1.8m and for the canopy to be supported by the ground whereas the Zoning By-law requires a canopy in the front yard not to be supported by the ground; and having steps and access ramps that exceed 0.6m in height to be located 1.2m from the street line rather than the required 3.0m; having a minimum landscaped area of 23% rather than the required 30%; and, a rear landscaped area of 23% rather than the required 40% to facilitate an internal renovation for health clinic and pharmacy uses, generally in accordance with conditionally approved site plan application SP24/068/P/AA, on Lots 321, 322 and 323, Plan 385, 18 Pine Street, Kitchener, Ontario, BE APPROVED. These minor variances to Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2024-065 comes into force and effect, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force and effect as of the final date of this decision. 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. Pursuan

That the application of SCENIC DEVELOPMENTS INC requesting minor variances to permit a front yard setback of 2.89m rather than the required 9.0m; and, to permit an unenclosed front porch to be located 1.8m from a street line rather than the minimum required 3.0m to facilitate the construction of a semi-detached dwelling, on Part Lot 20, Plan 402; being Part 1 on Reference Plan 58R-12573, 62 Gage Avenue, Kitchener, Ontario, BE APPROVED , subject to the following condition: a) That the property owner shall prepare a Tree Preservation/Enhancement Plan, an Arborist Report and ISA valuation of trees on City lands and the subject lands in accordance with the City’s Tree Management Policy, to the satisfaction of and approval by the City’s Director of Parks & Cemeteries and the City’s Manager, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area, and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) That the property owner shall implement the approved Tree Preservation/Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City’s Director of Parks & Cemeteries and the City’s Manager, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City’s Director of Parks & Cemeteries and the City’s Manage

That the application of B & R TOWER (BLEAMS) LTD requesting a minor variance to Zoning By-law 85-1 to permit a front yard setback of 11.8m rather than the maximum permitted 7.5m, to facilitate the development of a 13-storey apartment building having 202 dwelling units in accordance with conditionally approved site plan application SP23/015/F/AP, on Part Lot 1, Registered Complied Plan 1471; being Parts 1 to 10 and 13 on Reference Plan 58R-21067, 1295 Bleams Road, 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 FIYORI WELDEGEBRIAL and KIROS KAHSAY TSIGE requesting permission to sever a parcel of land having a width of 7.9m, a depth of 36.5m and an area of 292 sq.m. generally in accordance with drawings prepared by Isoline Architects, dated June 11, 2024, Lot 193, Plan 318, Part Lot 152 Closed Streets and Lanes, 211 Lancaster Street, Kitchener, Ontario, BE REFUSED . It is the opinion of this Committee that: The application does not meet the criteria for a plan of subdivision. The proposed severed lot does not reflect the general scale and character of the established development pattern of surrounding lands. Pursuant to Section 53 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. Pursuant to Subsection 53 (41) of the Planning Act, the applicant shall fulfil the above-noted conditions within two years of the date of giving notice of this decision. Pursuant to Subsection 53 (43) of the Planning Act, a consent lapses at the expiration of two years from the date of the certificate given under subsection (42) if the transaction in respect of which the consent was given is not

That the application of FIYORI WELDEGEBRIAL and KIROS KAHSAY TSIGE requesting minor variances for the retained land (consent application B2024-026) to have a lot width of 7.97m rather than the required 9.0m; and a parking space within the existing garage to have a width of 2.78m rather than the required 3.0m. generally in accordance with drawings prepared by Isoline Architects, dated June 11, 2024, Lot 193, Plan 318, Part Lot 152 Closed Streets and Lanes, 211 Lancaster Street West, Kitchener, Ontario, BE REFUSED . It is the opinion of this Committee that: The variances requested in this application are 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 JASON MALFARA requesting consent to grant an easement having a width of 1.5m where the common wall is not shared, on Lot 88, Plan 651, 130 Edmund Road, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That Minor Variance Applications A 2024-088 and A 2024-089 receive final approval. 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. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. 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 size 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 Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Director, Development and Housing Approvals: a clear and specific description of the purpose of the Easement(s) and of the rights and privileges bein

That the application of JASON MALFARA requesting minor variances for the retained land (consent application B2024-027) to have an interior yard setback of 0m where there is not a shared common wall rather than the required 1.2m; and, to permit decks greater than 0.6m in height to be located 0m from the interior side lot line (common lot line) rather than the required 1.2m., generally in accordance with building elevation plans, dated July 29, 2024, and with the deck having a 1.8m high privacy screen where the deck is adjacent to the shared lot line, on Lot 88, Plan 651, 130 Edmund Road, 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 JASON MALFARA requesting minor variances for the severed land (consent application B2024-028) to permit interior yard setbacks of 0m where there is not a shared common wall rather than the required 1.2m; and, to permit decks greater than 0.6m in height to be located 0m from the interior side lot line (common lot line) rather than the required 1.2m., generally in accordance with building elevation plans dated July 29, 2024, and with the deck having a 1.8m high privacy screen where the deck is adjacent to the shared lot line on Lot 88, Plan 651, 132 Edmund Road, 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 .