Committee of Adjustment

That the application of CLARISSE SOLANGE GUIADEM POLA and FABIEN MESMIN YOUBISSI requesting minor variances to permit 19% of street line façade opening and no pedestrian entrance rather than the minimum required 20% including one (1) pedestrian entrance to the principal building; to permit a building to be located 10.6m from an active railway right-of-way rather than the minimum required 15m, to permit a drive aisle of 4.8m adjacent to a portion of one (1) parking space rather than the minimum required 6m; and, to permit parking spaces and drive aisles to be located in the front yard whereas the Zoning By-law does not permit this, to facilitate the development of 4 Additional Dwelling Units (ADU) to a 4 unit development for a total of 8 dwelling units on the subject property, generally in accordance with drawings prepared by Design Permit Group Inc., dated December 11, 2023, on Part Lot 3, Plan 986 and Part Lot 1, Plan 959, 215 Morgan 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 applic

That the application of A & F GREENFIELD HOMES LTD requesting minor variances to permit a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; a building height of 11.9m rather than the maximum permitted 11m; and, to not provide private patios for the ground floor units whereas the zoning by-law requires a private patio be provided, to facilitate a multiple residential development having 20 dwelling units, in accordance with Site Plan Application SP23/081/H/AA, on Part Block B, Plan 1257, being Part 2 on Reference Plan 58R-893, 42 Hazelglen 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 ROBERT DAVIS requesting minor variances to Zoning By-laws 2019-051 and 2024-074 to permit the building floor area for an Additional Dwelling Unit (ADU) (Detached) to be 122 sq.m rather than the maximum permitted 80 sq.m.; to permit a lot width of 7.3m rather than the minimum required 13.1m; to permit a shed roof building height for the Additional Dwelling Unit (ADU) (Detached) of 4.8m rather than the maximum permitted 4.5m; to permit an unobstructed walkway of 0.94m rather than the minimum required 1.1m; and, to permit a deck on the Additional Dwelling Unit (ADU) (Detached) to have a rear yard setback, adjacent to Highland Road West, of 1.4m rather than the minimum required 4m, to facilitate renovation of the existing semi-detached dwelling to have one (1) Additional Dwelling Unit (ADU) (Attached) and to construct one (1) Additional Dwelling Unit (Detached) for a total of 3 dwelling units on the property, generally in accordance with drawings prepared by the applicant, Robert Davis, dated April 23, 2024, and submitted with this application, on Part Lot 302, Plan 1448, being Part 2 on Reference Plan 58R-5331, 32 Montana Crescent, 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 subje

That the application of PAUL DALE and MADELINE DALE requesting a minor variance to permit a rear yard setback of 5.5m rather than the minimum required 7.5m, to facilitate the replacement of an existing sunroom at the rear of the detached dwelling, generally in accordance with drawings prepared by JR Design and Consultants, dated February 2024, on, Part Lot 65, Plan 852, 114 Brandon 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 HAROLD NOSEWORTHY requesting a minor variance to permit an accessory building to have a lot coverage of 18.3% (204.4 sq.m in area) rather than the maximum permitted 15% (168.2 sq.m in area), to facilitate a 1-storey addition to an existing detached accessory structure in the rear yard of the subject property, generally in accordance with the plans and drawings attached to Report DSD-2024-227 as Attachment ‘A’, on Lot 4, Plan 705, 39 Turner 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 PENNY REITZEL, WCECC 468, KARTHIK MANOHARAN and HARINI PARAMESHWARAN requesting permission to sever the existing townhouse dwelling units, municipally known as 7 Upper Mercer Street, Units 6 and 7, into two (2) independent properties/units,the severed land will have a lot width of 5.9m, a lot depth of 27.6m and a lot area of 162.8 sq.m., on Part Block 29, Plan 58M-392; being Parts 6, 7 & 87 on Reference Plan 58R-16271, 7 Upper Mercer Street, Units B6 and B7, 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. 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 property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59) as per the Clean Water Act, 2006 to the Region of Waterloo. That the property own

That the application of MONIKA RUTTKOWSKI requesting a minor variance to permit a lot width of 141.5m, to recognize the resultant width of the proposed severed parcel of land for a sanitary servicing corridor, whereas the 'FTR-1' Zone only permits the existing width of a lot, in accordance with Consent Application B 2024-009, on Part Lots 8 and 9, Biehn’s Tract, being Part 5 on Reference Plan 58R-20312, 500 Stauffer 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 MONIKA RUTTKOWSKI requesting permission to sever a parcel of land having an approximate lot width of 141.5m, a lot depth of 39.2m and an area of 0.208 hectares (Block 2 on the Severance Plan), on Part Lots 8 and 9, Biehn’s Tract; being Part 5 on Reference Plan 58R-20312, 500 Stauffer Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That Minor Variance Application A2024-043 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 there are no outstanding taxes on the subject property. 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 property owner shall submit a valid Notice of Source Protection Plan Compliance (Section 59) as per the Clean Water Act, 2006 to the Region of Waterloo, if required. That the property owner shall submit the completed Archaeological Assessment Report and Min