Committee of Adjustment

That the application of 107 CHANDLER INC requesting a minor variance to the Zoning By-Law to permit 0.8 parking spaces per dwelling unit rather than the minimum required 1 parking space per dwelling unit; and to permit 0.1 visitor parking spaces per dwelling unit rather than the minimum required 0.15 visitor parking spaces per dwelling unit, to facilitate the conversion of a basement storage area of an existing multi-residential dwelling into 5 additional dwelling units, in accordance with Site Plan Application SP23/002/C/ES, dated January 20, 2023, on Lot 30, Plan 1270, 107 Chandler Drive, 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 13439551 CANADA INC requesting a minor variance to the Zoning By-Law to permit a Floor Space Ratio of 0.75 rather than the maximum permitted 0.6; and, a rear yard setback of 6.4m rather than the required 7.5m, to facilitate the construction of a 3-storey multiple unit dwelling having 24 units (stacked townhouses), in accordance with Site Plan Application SP22/182/D/TS, dated January 13, 2023, on Part Lot 2, Biehns Tract; being Part 2 on Reference Plan 58R-1400, 854 Doon Village 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 2820580 ONTARIO INC requesting a minor variance to Zoning By-Law 85-1 to permit a front yard setback of 1.0m rather than the required 6.28m; and, to permit parts of the proposed dwelling to encroach into the Driveway Visibility Triangles (DVT), whereas the By-law does not permit encroachments into the DVT, to facilitate the construction of a new semi-detached dwelling, generally in accordance with drawings attached to Report DSD-2023-073, as Attachment ‘A’ and Attachment ‘B’, on Part Lot 44, Plan 376, 100-102 Waterloo Street, Kitchener, Ontario, BE APPROVED , subject to the following condition: That prior to the issuance of a Demolition and/or Building Permit: a) That the property owner shall prepare a Tree Preservation/Enhancement Plan, in accordance with the City’s Tree Management Policy, to the satisfaction of and approval by the City’s Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelop/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans. b) That the property owner shall implement the 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 Supervisor, Site Plans. No chances to the said plan shall be granted except with the prior approval of

That the application of BRADLEY NEIL SMITH requesting a minor variance to the Zoning By-Law to permit an exterior yard setback of 4.0m rather than the required 4.5m, to facilitate a window bump out addition on the exterior wall abutting Britton Place of the existing dwelling; and, to permit an exterior side yard setback of 3.0m rather than the required 4.5m, for the construction of a boxed window addition in side yard abutting Britton Place and shaded/screened-in gazebo on the existing deck, in accordance with drawings prepared by Evolve Builders Group Inc., dated January 19, 2023, on Part Lots 2 and 3, Registered Plan 58M-327; being Parts 7 and 8 on Reference Plan 58R-14945, 66 Fallowfield Drive, 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 CRAIG POLACH and JANETTE POLACH requesting a minor variance to the Zoning By-Law to permit the construction of a rear yard deck with roof to be located 0.7m from the westerly side lot line rather than the required 1.2m, generally in accordance with the drawings prepared by Craig Polach, dated January 6, 2023, on Lot 6, Plan 1542, 6 Cumberland Place, 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 FELIX PETER MUNGER and PATRICIA MICHELLE DUMAIS requesting a minor variance to Zoning By-Law 85-1 to permit the construction of Additional Dwelling Unit (ADU) (Detached) having a maximum building height for a flat roof of 3.6m rather than the maximum permitted 3.0m, in accordance with drawings prepared by Paul Sanders, dated December 29, 2022, on Part lot 413, Plan 376, 91 Shanley Street, Kitchener, Ontario, BE APPROVED , subject to the following condition: That prior to the issuance of a Demolition and/or Building Permit: a) That the property owner shall prepare a Tree Preservation/Enhancement Plan, in accordance with the City’s Tree Management Policy, to the satisfaction of and approval by the City’s Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelop/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and/or compensation measures. b) Notwithstanding a) above, due to a tree located where the ADU is proposed to be located and that the tree may potentially be in shared ownership with the lot to the east (as shown o Site Plan dated December 19, 2022), an Arborist’s Report may be scoped to the “locust” (species to be confirmed) tree in question, possible impacts from the foundation/grading for the ADU, and recommended remedial measures, including root/branch pruning if/as required be completed and approved by the City

That the application of LUCY HO and PHAN THI HO requesting permission for the enlargement or extension a legal non-conforming use, a multiple unit dwelling with 4 units, into a multiple dwelling with 5 units, to legalize the current use of the dwelling in the “Neighbourhood Industrial Employment Zone (EMP-1)”, in accordance with drawings prepared by Guenther Rueb Surveying Limited, dated April 22, 1997, on Lot 170, Plan 376, 202 Breithaupt Street, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner obtain and register an environmental easement for operational noise and vibration emissions in favour of Metrolinx at the sole discretion and to the satisfaction of Metrolinx. That the property owner enter into an agreement with Metrolinx at the sole discretion and to the satisfaction of Metrolinx, to include the following warning clause in all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: i. Warning: This is to advise that the subject land is located within Metrolinx’s 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future; including, the poss

That the application of GRAND RIVER CONSERVATION AUTHORITY requesting permission to grant an easement over Parts 4 and 7 on Reference Plan 58R-21318 submitted with the application in favour of the Waterloo Catholic District School Board for storm water management having an approximate width of 22m, a depth of 143m and area of 3,146sq.m. over all of, on Part Lot 14, Plan 591; being Parts 4 and 7 on Reference Plan 58R-21318, (Vacant Land Fairway Road North & Woolner Trail), Kitchener, Ontario, BE APPROVED , subject to the following conditions: 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 there are no outstanding taxes on the subject property 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 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 Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be app