Committee of Adjustment

That the application of ANDRE BRUCE TEMPLETON requesting a minor variance to the Zoning By-law to permit a required parking space to be located 0.5m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing semi-detached dwelling into a semi-detached duplex dwelling, on Subdivision 17, Lot 182, 22 Hebel Place, 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 ZHILIANG XING requesting a minor variance to the Zoning By-law to permit a side yard setback of 2.0m rather than the required 3.0m, to facilitate the conversion of an existing single detached dwelling into a multiple dwelling having 4 dwelling units, in accordance with drawings prepared by Simon Wong and MW Drafting and Design Inc., dated February 21, 2023, on Part Lot 98, Plan 376, 245 Wellington 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 KOURTNEY EVA FALLE requesting a minor variance to the Zoning By-law to permit a driveway of a semi-detached dwelling to be 56% of lot width (5.2m) rather than the maximum permitted 50% of the lot width (4.5m) or 5.2m, whichever is the lesser; and, to permit a driveway to be setback 0m from the northerly side lot line rather than the required of 1.0 m, to facilitate 2 parking spaces side by side, on Part Lot 26, Plan 1384, 100 Monteagle 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 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 DHARMARAJAN PERUMAN requesting a minor variance to the Zoning By-law to permit the construction of an Accessory Dwelling Unit (ADU) (Detached) in the rear yard of an existing detaching dwelling on a lot having an area of 383.6sq.m rather than the required 395sq.m, a lot width of 10.9m rather than the required 13.1m; and, to permit 2 parking spaces rather than the required 3 parking spaces, in accordance with drawings prepared by Fine Line Drafting & Design Inc., dated March 15, 2023, on Lot 95, Registered Plan 58M-474, 300 Countrystone Cresent, Kitchener, Ontario, BE

That the application of ERINNE LEE BENDER VARGAS and JORDAN NATHANIEL GRANTLEY GALLANT-TURNER requesting a minor variance to the Zoning By-law to permit a Catering Service Establishment as a home occupation, with a gross floor area of 18sq.m and not having any clients or customers directly to the premises, in a single detached dwelling with an Additional Dwelling Unit (Attached) whereas the Zoning By-law only permits the proposed Home Occupation in a Single Detached Dwelling, generally in accordance with drawings prepared by Tacoma Engineers, dated February 21, 2023, on Lot 10, Plan 1486, 230 Black Walnut Place, 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 MARIO DONNY FARENGA requesting a minor variance to the Zoning By-law to permit the construction of a garage addition with a second floor dwelling unit, in the rear yard of an existing triplex, having an easterly side yard setback of 0.9m rather than the required 3.0m; a deck on the rear of the addition to have an easterly side yard setback of 0.9m rather than the required 3.0m; and, a Floor Space Ratio (FSR) of 0.72 rather than the permitted 0.6, generally in accordance with drawings prepared by Brian R. Harnock, dated February 2023, on Lot 48, Plan 1216, 74 Carnaby 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 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 FRANKLIN DUNSMERE SPA - LAND A INC. requesting a minor variance to the Zoning By-law to facilitate the development of the subject property into an 8-storey mixed use building having 37 dwelling units and one commercial unit, on a lot having a width of 12.2m rather than the required 15.0m; a rear yard setback of 5.5m rather than the required 7.5m; a building height of 25.7m rather than the permitted 19.5m; having a dwelling unit on the ground floor, behind the active commercial use on King Street; zero (0) parking spaces for both residential and commercial uses; and, to permit an obstruction in the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT) whereas the By-law does not permit obstructions into the CVT or DVT, in accordance with Site Plan Application SP23/012/K/KA, on Part Lot 3, Plan 77, 744 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That at the sole option of the City Solicitor, the property owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the subject lands (744 King Street East). In the agreement, the property owner shall agree to: a) Include a provision in all rental or lease agreements advising tenants that units do not include on-site parking, and that no on-site parking is available for visitors. b) Provide a copy an executed GRT EasyGO Business Account Agreement with the Regio

That the application of 1943615 ONTARIO LIMITED requesting a minor variance to the Zoning By-law to permit 285 parking spaces (0.9 parking spaces per dwelling unit) rather than the minimum 313 parking spaces (1.0 parking per dwelling unit), to facilitate the construction of a 34-storey mixed use building having 313 dwelling units, in accordance with Site Plan Application SP22/169/F/AP, on Part Lot 1, Plan 1483, 1200 Fischer Hallman 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 JOHN SCHULLER requesting a minor variance to the Zoning By-law to permit a southerly side yard setback of 0.8m rather than the required 1.5m; an easterly side yard setback of 0.9m rather than the required 1.5m; and, permission for a legal non-conforming lot in the 'EMP-2' zone to be used for a Tradesman or Contractor's establishment, in accordance with Site Plan Application SP22/022/M/SRM, on Lot 8, Plan 1490, 37 Manitou 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 SHIRA GINSLER requesting a minor variance to the Zoning By-law to permit a front yard setback of 3.0m rather than the required 6.5m, to facilitate the enclosure of an existing front porch into a mud room, on Lot 117, Plan 318, 92 Arnold 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 JULIA LISE RODRICKS and WESLEY DALE AMBROSE RODRICKS requesting a minor variance to the Zoning By-law to permit a front yard setback of 5.5m rather than the required 9.5m, to permit the construction of a 1 storey addition, 13sq.m in area, at the front of the existing single detached dwelling in accordance with drawings prepared by Caryndale Contracting, JR Design and Consultants, Rob Sajkunovic, dated July 2022, on Lot 109, Plan 812, 110 Clark 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 FILIPE DA SILVA OLIVEIRA requesting a minor variance to the Zoning By-law to permit a lot having a width of 15.9m rather than the required 19m, a maximum floor space ratio of 0.72 rather than the required 0.6, and minimum landscaping of 15.8% rather than the required 20%, to facilitate the construction of a multiple dwelling having a total 6 dwelling units in the rear yard of an existing duplex, in accordance with plans prepared by Ryszard Gancewski Architect, dated March 23, 2023, on Part Lots 32 & 33, Plan 34, 306 Wellington Street North, Kitchener, Ontario, BE APPROVED subject to the following condition: The property owner shall ensure the existing 6ft fence located between the subject property and 310 Wellington Street North is maintained, to the satisfaction of the Director of Planning. 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 WALTRAUD RATTE requesting consent to sever a parcel of land having a width of 10.5m along Elmsdale Avenue, a depth of 35.1m, and an area of 325sq.m, on Lot 43, Plan 1270, 23 & 25 Elmsdale Drive, 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 make financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City’s Director of Engineering Services. That the property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. That the property owner shall enter

That the application of 1000446086 ONTARIO INC requesting consent to sever a parcel of land having an approximate width of 10.9m along Ottawa Street North, a depth ranging between 42.8m and 43.7m, and an area of 471sq.min general conformity with the Severance Sketch attached to Report DSD-2023-176, on Part Lot 45, Plan 651, 299 Ottawa Street North, Kitchener, Ontario, BE REFUSED . It is the opinion of this Committee that while this consent application may conform to the City’s Official Plan and Zoning By-law, the creation of a new lot does not give consideration to safety and accessibility for access on to a high-volume Regional Road (Ottawa Street North) in close proximity to the Ministry of Transportation Highway 7/8 off-ramp. 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