Committee of Adjustment

That the application of DUSTIN HENDRICK MATTINGSLEY requesting permission to enlarge a legal non-conforming use to facilitate the construction of a detached garage having a building floor area of 50.03sq. m. in the rear yard of the dwelling, generally in accordance with drawings prepared by Gerard O’Rourke, dated June 2, 2022, on Part Lot 19, Registered Plan 384, 407 Ottawa Street South, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that the request for permission to enlarge a legal non-conforming use to facilitate the construction of a detached garage having a building floor area of 50.03sq.m. in the rear yard of an existing dwelling under Section 45(2) of the Planning Act is appropriate for the following reasons: That approval of this application is in the public interest as the new garage will support the existing use. That the construction of a detached garage will not create any adverse impacts and is compliant with all applicable setbacks and height restrictions. 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 DRZAZGA requesting a minor variance to recognize the location of the existing building for use as a 'Service or Repair to Motor Vehicles'; and, to legalize a front yard setback of 0.8m rather than the required 6.0m; and, a side yard setback of 0.8m rather than the required 1.2m, in accordance with Site Plan Application SP22/111/B/TZ on Lot 144, Registered Plan 376, 68 Breithaupt 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 COLLEEN LISA BISHOP and DAVID JUSTIN BISHOP requesting minor variances to By-law 85-1 and By-Law 2019-051 to permit a rear deck to have a rear yard setback of 2m rather than the required 4m to facilitate the extension of the existing deck, in accordance with drawings prepared by Steve Ryan, Heritage Design, dated May 1, 2022 on Part Lot 5, Registered Plan 58M-388, 334 Waterbend Crescent, Kitchener, Ontario BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 as of the final date of this decision. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. 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 STACY LEE CHARRON requesting minor variances to By-law 85-1 and By-Law 2019-051 to legalize a 3-unit multi-residential dwelling having a southerly side yard setback of 1.85m rather than the required 2.5m; to permit the 3 required off-street spaces to be located between the front façade and the street line on Sherwood Avenue; and, to permit the required off-street parking spaces to be located 1.8m from the street (property) line rather than the required 3m, generally in accordance with Site Plan Application SP 22/115/R/SRM on Lot 48, Plan 779, 120 Rosemount Drive, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 as of the final date of this decision. It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. 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

That the application of ANDRE JOSEPH IVAR FORS requesting minor variances to By-law 85-1 and By-Law 2019-051 to construct an additional dwelling unit (ADU), additionally that any windows on the ADU in the westerly side year in any are required to be opaque, on a lot having a width of 12.1m rather than the required 13.1m; and, to permit the ADU total building floor area to be 63% (46.5sq.m.) of the principal dwelling instead of the maximum permitted 50% (36.9 sq.m.), generally in accordance with drawings prepared by Van Harten Surveying Inc., dated June 23, 2022, on Lot 30, Reference Plan 862, 438 Highland Road East, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 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. 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.

That the application of ANDREAS KYRIAKOU and GALATIA ANDRIAS KYRIAKOU requesting permission to sever a parcel of land having a width of 9m, a depth of 46.84m and an area of 428 sq.m. on Lot 19, Registered Plan 1468, 41-43 Harvest Court, 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 property owner shall enter into an agreement with the City of Kitchener, to the satisfaction of the Region of Waterloo, which must be registered on title for both the retained and severed lands that includes the requirement for the following noise mitigation and warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements: Dwelling on Severed

That the application of BOJAN KARANOVIC and NIKOLA KARANOVIC requesting permission to sever a parcel of land to sever a parcel of land having a lot width of 7.6m, a depth of 36.5m and an area of 278.9sq.m. on Lot 100, Registered Plan 806, 273 Hartwood Avenue, 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 property owner shall provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. That the property owner shall submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction o

That the 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 approved by the City Solicitor in consultation with the City’s Supervisor, Development Applications: a) A clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) A clause/statement wording confirming that the Easement(s) being granted shall be maintained and or registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 5. 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. 6. That the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the

That the application of DSQ CORPORATION requesting permission to sever a parcel of land identified as Lot B on the Plan submitted with the application, having a width of 8.5m, a depth of 39.5m, and an area of 313.1sq.m. on Part Lot 339, Plan 230, Part Lot 1, Plan 699, Part 1, Reference Plan 58R-5103, 9 Pleasant 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. 4. That the property owner shall obtain Demolition Control approval, in accordance with the City’s Demolition Control By-law, to the satisfaction of the City’s Manager of Development Review. 5. That the property owner shall obtain a Demolition Permit, for the existin