Committee of Adjustment

"That Douglas Pateman be appointed as Chair for the Committee of Adjustment, for the term ending November 30, 2023."

Seconded B. Santos "That the regular minutes of the Committee of Adjustment meeting held December 13th, 2022, as circulated to the members, be accepted."

That the application of 2829591 ONTARIO INC requesting a minor variance the Zoning By-Law to permit an interior side yard setback of 1.5m rather than the minimum required 3m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling, on Part Lot 13 and 14, Plan 352, 44 Rusholme Road, Kitchener, Ontario, BE

That the application of JAIME QUINTANILLA requesting a minor variance to Zoning By-law 2019-051 to permit a parking space to be located 5.0m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing attached garage into a living space with a second storey addition, to provide an additional dwelling unit, on Part Lot 15 to 17, Plan 828, 18 Cambridge 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 ACTIVA HOLDINGS INC requesting a minor variance to Zoning By-law 2019-051 to permit an exemption from Site-Specific Provision 308 for a rear yard setback of 4.6m rather than the minimum required 7.0m, to facilitate the development of 44 dwelling units having 11 quad multiple buildings, in accordance with Site Plan Application SP22/129/S/ES, dated December 16, 2022, on Block 96, Registered Plan 58M-670, 15 Stauffer Woods Trail, 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.

by D. Pateman That the application of GARY CLARK and KATHRYN MAY DOUGLAS requesting a minor variance to Zoning By-law 85-1 to permit the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing single detaching dwelling having a shed roof with a height of 5.1m, to be located 4.3m from a side lot line rather than the minimum required 4.5m; and, to permit an Additional Dwelling Unit (ADU) (Detached) to have a lot coverage of 18.4% rather than the maximum permitted 15%, generally in accordance with drawings prepared by The Architect Builders Collaborative Inc., on Lot 30, Plan 129, 312 Duke Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: That prior to the issuance of a Building Permit: a) the property owner shall prepare a Tree Preservation and 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 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) The 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 changes to the said plan shall be granted exce

That the application of FCA CANADA INC (GREG MCCALL) and FCA CANADA INC. (TONY DIAB) requesting a minor variance to Zoning By-law 85-1 to permit a side yard setback of 0.6m rather than the minimum required 3.0m, to legalize the location of an accessory storage building of an automobile dealership, generally in accordance with the Site Plan submitted with the Minor Variance application, dated, April 27, 2000 and amended November 30, 2022, to be updated by a future formal Site Plan Application on Part Lot 6, Plan 1525, being part 6 on Reference Plan 58R-1841, 549 Fairway Road South, 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 2611601 ONTARIO INC requesting a minor variance to Zoning By-law 2019-051 to permit a Building Floor Area of an Additional Dwelling Unit (ADU) that exceeds 50% of the building floor area of a Duplex Dwelling whereas a maximum of 50% or 80 sq.m. is required, whichever is less; an existing easterly side yard setback of 0.95m rather than the required 1.2m; and, to permit a driveway to be located 0m from the side lot line rather than the required 0.6m; and, a variance to permit the driveway to be located 0m from the side lot line, rather than the minimum driveway setback of 1.0m, on Lot 14, Plan 1063, Part Lot 15, 35 Coral Crescent, Kitchener, Ontario, BE APPROVED , subject to the following condition: Prior to the issuance of a Demolition and/or Building Permit: a) The 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 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) The 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 Supervisor, Site Plans. No changes to the said

That the application of 2184647 ONTARIO LTD requesting a minor variance to Zoning By-law 85-1 to permit a front yard setback of 0.32m rather than the required 1.5m, to facilitate the construction of an accessible entry platform; and, to permit a parking lot with ingress and egress of vehicles from a lane in a reverse motion whereas the By-law requires a parking lot provides ingress and egress of vehicles from a street or lane in a forward motion only, in accordance with Site Plan Application SP21/120/B/AP, on Lots 136 to 137, Plan 376, Part Lots 128 to 140, Plan 376; being Parts 6 to 11 on Reference Plan 58R-20731, 30 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 ERIN ROSS WAY and SEAN HUBBERSTEY requesting a minor variance to Zoning By-law 2019-051 to permit a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the required 6.3m; a southerly side yard setback of 1.2m rather than the minimum required 3.0m; a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the minimum required 6.0m; and, to permit a garage to project beyond the porch whereas the Zoning By-law does not permit this, generally in accordance with drawings prepared by Danny Carreiro, dated September 9, 2022, on Lot 12, Plan 855, 32 Orchard Park 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 ANDREI MIRCEA BALULESCU and DIANA ROXANA BALULESCU requesting a minor variance to Zoning By-law 2019-051 to permit the construction of Additional Dwelling Unit (Detached) to be located in the side yard of the principle dwelling abutting Timberlane Crescent having a setback of 4.7m from the street, , generally in accordance with drawings prepared by 360 Smart Design, dated October 2022, on Lot 346, Plan 1426, 126 Rolling Meadows Drive, Kitchener, Ontario, BE APPROVED , subject to the following condition: Prior to the issuance of a Demolition and/or Building Permit: a) The 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 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) The 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 Supervisor, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City’s Supervisor, Site Plans. It is the opinion of this Committee that: The variances requested in this application are minor. This appl

That the application of ALZAHRA SHIA ASSOCIATION WATERLOO REGION requesting permission to create an easement for a storm sewer in favour of the property municipally addressed as 165 Courtland Avenue East, having an approximate width of 4.0m, an approximate depth of 55.0m and an approximate area of 220sq.m, as shown as Part 1 on the Draft Reference Plan prepared by McKechnie Surveying Ltd., dated February 9, 2022, on Part Lot 6, Plan 395, 204 Madison Avenue South, 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 satisfactory 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 approved by

That the application of K-W WORKING CENTRE FOR THE UNEMPLOYED requesting a minor variance to Zoning By-Law 85-1 for the property municipally addressed as 83 Victoria Street North (Retained Land B 2023-002) to permit a lot width of 10.2m rather than the required 16.0m; a side yard setback of 1.45m rather than the required 3.0m; a rear yard setback of 0m rather than the required 7.5m; a façade height of 2.4m rather than the minimum required 6.0m; and, 0 parking spaces rather than the required 1 parking space per 15sq.m of the floor area for a health clinic, on Part Lot 69, Plan 374, being parts on 2 & 3 on Reference Plan 58R-6753, 83 Victoria Street North, 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 KW WORKING CENTRE FOR THE UNEMPLOYED (JOE MANCINI) requesting a minor variance to Zoning By-law 85-1 for the property municipally addressed as 87 Victoria Street North (Retained Land B 2023-003) to permit a maximum setback to a street line of 5.3m rather than the permitted 2.0m; a minimum side yard of 0m rather than the required 3m; a rear yard setback of 0m rather than the required 7.5m; a façade height of 2.4m rather than the minimum required 6.0m; and, 0 parking spaces rather than minimum required 3 parking spaces for a residential care facility and 1 parking space for every 3 staff, on Lot 70, Plan 374, Part Lot 69, Plan 374, 87 Victoria Street North, 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 KW WORKING CENTRE FOR THE UNEMPLOYED (JOE MANCINI) requesting a minor variance to Zoning By-law 85-1 for the property municipally addressed as 97 Victoria Street North to permit a side yard setback of 0m rather than the minimum required 3.0m; a rear yard setback of 0m rather than the required 7.5m; and, to permit 0 parking spaces rather than the minimum required 3 parking spaces for a residential care facility and 1 parking space for every 3 staff, to facilitate the redevelopment of the properties with a residential care facility, hospice and health clinic, on Lot 71, Plan 374, 97 Victoria Street North, 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 550 KING STREET GP INC requesting a minor variance to Zoning By-law 85-1 for the proposed retained lands (per Consent Application B 2023-004), to permit a rear yard setback of 1.7m rather than the required 7.5m; an exemption from Special Regulation Provision 541R to permit a building height of 32.5m rather than the maximum permitted 24.0m; and, to permit 22 parking spaces rather than the required 60 parking spaces for residential use, to facilitate the redevelopment of the lands with a 9-storey residential building having 60 dwelling units, in accordance with Site Plan Application SP22/164/K/BB, on Lot 9, Plan 323,Part Lots 10-11, Plan 323, Part Lots 1-2, Plan 100; being parts 1 & 2 on Reference Plan 58R-6892, being parts 1 & 2 on Reference Plan 58R-7608, except Part 3 on Reference Plan 58R-12367, 530 King Street East, 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 webs

That the application of 550 KING STREET GP INC requesting a minor variance to Zoning By-law 85-1 for the proposed severed lands (per Consent Application B 2023-004), to permit a side yard setback abutting King Street East of 0.17m rather than the required 1.5m; a rear yard setback of 1.2m rather than the required 7.5m; and, an exemption from Special Regulation Provision 285R to permit 0 parking spaces rather than the required 32 parking spaces, in order to recognize the location of the existing commercial building on the proposed severed lands, on Lot 9, Plan 323,Part Lots 10-11, Plan 323, Part Lots 1-2, Plan 100; being parts 1 & 2 on Reference Plan 58R-6892, being parts 1 & 2 on Reference Plan 58R-7608, except Part 3 on Reference Plan 58R-12367, 550 King Street East, 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.