Committee of Adjustment

That the application of 2716456 ONTARIO INC (KRISHAN JUDGE) requesting permission to legalize the existing driveway of a commercial warehouse having a setback of 1m from the street line rather than the required 3m, generally in accordance with drawings prepared by Paul Marques Architect Inc., dated May 19, 2022, as part of Site Plan Application SP21/110/V/SR, on Part Lot 123, German Company Tract, 1680 Victoria Street North, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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 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 ARMAND BERNIER and CINDY BERNIER requesting permission to convert an existing garage to a duplexed dwelling into a detached additional dwelling unit having a northerly side yard setback of 0.7m rather than the required 1.2m; and, the building floor area for the detached additional dwelling unit being 53% of the duplexed dwelling rather than the maximum 50%, generally in accordance with drawings prepared by Tri-City Drafting and Design Services, dated April 25, 2022 (attached to Report DSD-2022-306), in accordance with Site Plan Application SP22/031/B/TZ, on Lot 85, Plan 849, 145 Byron Avenue, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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 appli

That the application of Urbe Developments Inc. requesting a minor variance from the Zoning By-law to demolish the existing single detached dwelling to construct a 5-storey apartment building containing 14 units having a northerly yard setback of 3.5m rather than the required 6m; an easterly side yard setback of 1.5m rather than the required 6m; a lot width of 19.6m rather than the minimum required 30m; an off-street parking ratio of 1.14 parking spaces/unit (16 spaces total) rather than the required 1.75 spaces/unit (25 spaces total); and, a Floor Space Ratio (FSR) of 2.1 instead of the maximum permitted 2.0., BE

That the application of HANS HAUS INC requesting permission to enlarge/expand a legal non-conforming 3-storey commercial building commonly known as ‘Hans House’ for office/retail uses and to add an additional storey to having a 0m setback to a lane rather than the required 1m; and, a Floor Space Ratio (FSR) of 3.2 whereas the existing FSR is 2.4 and the By-law only permits 2.0, to facilitate the construction of a 4th storey addition onto the existing footprint of the 3-storeys building, in accordance with Site Plan Application SP22/080/B/CD, on Part Lot 4 and 5, Plan 364, Part Lot 38, Plan 394, Part 1, Reference Plan 58R-2490, 17 Benton Street , Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that the request for permission to enlarge/extend a legal non-conforming use to facilitate a 4th storey addition under Section 45(2)(a) of the Planning Act is appropriate for the following reasons: That approval of this application is in the public interest. That the 4th storey addition does not create any adverse or unacceptable impacts on abutting properties 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.