Committee of Adjustment

"That the regular minutes of the Committee of Adjustment meeting held March 18, 2025, as circulated to the members, be accepted."

That the application of ROMANIAN CHURCH OF GOD OF KITCHENER requesting a minor variance to permit an accessory building to have a southerly setback of 5.1m from the property line and a westerly setback of 2.3m from the westerly property line rather than the minimum required 7.5m to recognize the location of an existing building proposed to be used for snow/salt and yard maintenance equipment storage in accordance with Site Plan Application SP24/039/G/AA, on Part Block F, Plan 1447, 160 Grand River Boulevard, 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 THE HUMANE SOCIETY OF KITCHENER WATERLOO & STRATFORD PERTH requesting a minor variance to permit 52 parking spaces (1 parking space per 57sq.m of gross floor area) rather than the minimum required 90 parking spaces (1 parking space per 33sq.m of gross floor area) to facilitate the development of a new 2-storey building on the existing site of the Humane Society in accordance with Site Plan SP24/066/R/SH, on Part Lot A & Part Lot C, Plan 4, 250 Riverbend 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 DEREK PAPASERGIOU requesting minor variances to permit an accessory structure to have a lot coverage of 16.2% rather than the maximum permitted 15%; to permit a 1.1m unobstructed walkway to share a driveway whereas the Zoning By-law does not permit this; to permit a driveway/parking in the rear yard to have a width of 9.8m rather than the maximum permitted 8m; to permit a portion of the driveway that overlaps with the walkway to have a distinguishable material whereas the Zoning By-law requires the driveway to be comprised of consistent material; to permit a westerly side yard setback of 1.1m rather than the minimum required 1.2m to facilitate the development of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by The Hive Design Co., dated February 13, 2025, on Lot 112, Plan 376,, 315 Wellington Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the property owner shall: Prepare an Arborist Report or Tree Preservation Plan for the Subject Lands to the satisfaction of Environmental Planning, in accordance with the City’s Tree Management Policy, to be approved by the City’s Manager, Site Plans and City’s Director, Parks and Cemeteries, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of Demolition and/or Building Permits. Such plans shall include, among other matters, the identification of

That the application of GUILHERMINO MOTA requesting a minor variance to permit a rear yard setback of 3.3m rather than the minimum required 7.5m to facilitate the construction of a rear yard addition onto the existing detached dwelling, generally in accordance with drawings submitted with Minor Variance Application A 2025-030, on , Lot 59, Plan 1733, 63 General 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 PARTH PATEL requesting a minor variance to permit a lot width of 8.2m rather than the minimum required 10.5m to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by J.H. Cohoon Engineering Ltd., dated January 16, 2025, on Lot 157, Plan 1310, 26 Berwick 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 SMITKUMAR KANUBHAI PATEL and PATEL SWETABEN PANKAJKUMAR requesting a minor variance to Zoning By-law 85-1 to permit an Additional Dwelling Unit (ADU)(Detached) to have an area of 85.5sq.m. rather than the maximum permitted 80sq.m. to facilitate the conversion of an existing detached garage into a Dwelling Unit, in accordance with drawings prepared by Xclusive Design Studio Inc., dated January 17, 2025, on Lot 13, Plan 807, 217 Vanier 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 MENNO HOMES INC and BEYOND HOUSING requesting minor variances to permit an obstruction in the Corner Visibility Triangle (CVT) of 2.4m in height from the ground rather than the maximum permitted 0.9m in height or over 5.0m in height; to permit ingress and egress to occur in a backward motion whereas the Zoning By-law only permits it in a forward motion; to permit 1 Visitor Parking Space (0.05 visitor parking spaces per dwelling unit) rather than the minimum required 3 Visitor Parking Spaces (0.15 visitor parking spaces per dwelling unit); and, to permit an exterior side yard setback abutting Avon Road of 1.2m rather than the required 3m to facilitate the development a multiple dwelling having 20 dwelling units, generally in accordance with Site Plan Application SPF25/021/F, on Lot 5, Plan 712, 887 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That a note be provided on the Site Plan that garbage pick-up will occur during off-peak hours (9:30 a.m. to 3:30 p.m.) Monday to Friday. 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 Co

That the application of REGINALD GOOD requesting minor variances to Zoning By-law 85-1 to permit a front yard setback of 3.1m rather than the required 4.5m; and, to permit an easterly side yard setback of 0.7m rather than the minimum required 1.2m to facilitate the conversion of the existing duplex into a triplex, in accordance with drawings prepared by MW Drafting & Design Inc., dated November 21, 2024, on Lot 2, Plan 363, 34 Hohner 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 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 TIMOTHY SELLNER and HAYLEY SELLNER requesting minor variances to permit a westerly and easterly side yard setback of 1.8m rather than the minimum required 3m to facilitate the construction of a new 2-storey detached dwelling with a 3-car garage, on Plan 352, Lot 36, 53 Rusholme Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the property owner shall: Prepare a Tree Preservation Plan for the Subject Lands and City Right-of-Way, in accordance with the City’s Tree Management Policy, to be approved by the City’s Manager, Site Plans and City’s Director, Parks and Cemeteries, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of Demolition and/or Building Permits. 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. Further agree to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City’s Manager, Site Plans. 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 Secti

That the application of GOLD MIST PROPERTY HOLDINGS INC requesting a minor variance to permit 16 parking spaces (1.14 parking spaces per dwelling unit) rather than the minimum required 17 parking spaces (1.15 parking spaces per dwelling unit) to facilitate the addition of 3 dwelling units to a multiple residential development having 11 dwelling units for a total of 14 dwelling units in accordance with Site Plan Application SP24/053/S/TS, on Block E, Plan 1114; Block C, Plan 1115, 15 Scenic 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 1573779 ONTARIO LTD requesting minor variances to permit a Fitness Centre use in the 'EMP-1' Zone whereas a Fitness Centre is not a permitted use in this Zone; and, to permit 25 parking spaces rather than the minimum required 82 parking spaces, generally in accordance with drawings prepared by Vinlanda Engineering, dated February 27, 2025, on Lots 234 to 243, Lots 244 to 246, Plan 376; being Parts 1-3 on Reference Plan 58R-3539; and, Part 1 on Reference Plan 58R-4965, 265 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 1001110988 ONTARIO INC requesting minor variances to permit an existing detached garage within the front and exterior side yards whereas the Zoning By-Law does not permit this; and, to permit a rear yard setback of 4.5m rather than the required 7.5m to recognize the location of the existing dwelling and to facilitate the development of 2 Additional Dwelling Units (ADU)(Detached) on the subject property, generally in accordance with the plan prepared by Chris Machado, dated September 23, 2024, on Lot 44, Plan 127, 206 Shelley 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 STEVEN PARKER requesting a minor variance to permit a partially enclosed roof structure over below grade stairs to be located 2.1m from the rear lot line rather than the minimum required 7.5m, generally in accordance with the drawings prepared by Steven Parker and attached to Minor Variance Application A 2025-039, on Part Lot 82, Plan 374, 195 Victoria 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 NIKHIL GUPTA and RANJANA GUPTA requesting a minor variance to permit a building height of 4.9m for the proposed Additional Dwelling Unit (ADU)(Detached) rather than the maximum permitted 4.5m; and, to permit an exterior side yard setback of 4.2m rather than the required 4.5m to facilitate the construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by Lambertecture Building Design Studio, dated May 10, 2024 and attached to Minor Variance Application A 2025-040 on Plan 1343, Lot 74, 160 Charles Best Place, 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 PINEMOUNT WEST OAK TRAIL LIMITED PARTNERSHIP requesting minor variances to Zoning By-law 85-1 to permit 17 visitor parking spaces (10% of the required parking) rather than the minimum required 35 visitor parking spaces (20% of the required parking); and, to permit 18 parking spaces to have a width of 2.4m and a length of 4.8m (compact spaces) rather than the required width of 2.6m and length of 5.5m, to facilitate the development of a multiple dwelling having 172 dwelling units, in accordance with Site Plan Application SPF25/005/W/TS, dated March 4, 2025, on Plan 58R18644, Lots 53, 153, 249 West Oak Trail, 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 1000589420 ONTARIO INC requesting consent to create an easement having a width of 20.1m, a depth of 38m and an area of 760sq.m, over lands municipally addressed as 179 Jansen Avenue, to facilitate driveway access to the rear yards of adjacent land municipally addressed as 177 and 181 Jansen Avenue, on Part Lots 17, 19 & 23, Lot 18, 179 Jansen 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 that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City’s Revenue Division. That the property owner provides 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 size 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 Manager, Development Applications: a

That the application of VASILE SABO and EMANUELA SABO requesting consent to sever a parcel of land having a width of 7.8m, a depth of 31.8m and an area of 251sq.m. on Lot 2, Registered Plan 58M-430, 57 & 59 Iron Gate Street, 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 that there are no outstanding taxes on the subject property(ies) 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 size 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 satisfactory financial arrangements to the Region of Waterloo for the Consent Application Review Fee of $350.00. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained

That the application of NADER FATHI and PEGAH ENSAFI requesting consent to sever a parcel of land having a width of 8.3m, a depth of 46.3m and an area of 388sq.m. on Lot 33, Plan 384, 112 Kehl Street, 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 that there are no outstanding taxes on the subject property(ies) 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 size 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 of the City’s Director of Engineering Services, prio

That the application of MALIA INC requesting minor variances to permit a severed land (resulting from Consent Application B 2025-013) not to have a frontage on a street whereas the Zoning By-law requires all lots to have a frontage on a street; and, to permit a rear yard setback of 5m rather than the required 7.5m, to facilitate the development of the new detached dwelling on the proposed severed parcel, on Lot 25, Plan 789, 1100 Union 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 .