Committee of Adjustment

That the application of KALPESH CHANDRAKANT BHATT requesting minor variances to permit an accessory structure (existing detached garage) to have an easterly side yard setback of 0.11m rather than the minimum required 0.6m; a maximum height to the underside of the fascia of 4m rather than the permitted 3m; and, a building height of 6.3m rather than the permitted 5.5m to facilitate a 2nd-storey addition to an existing accessory structure, on Part Block 3, Registered Plan 58M-55; being Parts 59, 60, 61, 62 & 63 on Reference Plan 58R-11873, 386 Wake Robin Crescent, Kitchener, Ontario, BE REFUSED. It is the opinion of this Committee that: The variances requested in this application are not minor. This application is not 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 not 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 BARDH & DARDAN INVESTMENTS CORP requesting minor variances to permit a parking space located within a building to be setback 5.6m from the street line rather than the minimum required 6m to legalize the location of an attached garage for the existing semi-detached dwelling; and, to permit the required parking for a duplex in a driveway to be located 0m from the front lot line rather than the required 0.5m, on Part Lot 4, Plan 589; being Part 1 on Reference Plan 58R-21091, 32 Burgetz Avenue, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner shall install a distinguishable driveway and required walkway(s) and landscaped areas, in accordance with the regulations of Zoning By-law 2019-051, to the satisfaction of the Manager of Development Approvals, by June 1, 2025. That any request for a time extension related to removal of the existing asphalt areas must be approved in writing by the Manager of Development Approvals prior to the completion date set out in this decision. Failure to complete Condition 1 will result in this approval becoming null and void. 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 a

That the application of EARL WILLIAM ALLEN and TRINA ELIZABETH ALLEN requesting a minor variance to permit a maximum height to the underside of the fascia of 5m rather than the permitted 3m to facilitate the construction of an accessory structure in the rear yard of the subject property, in accordance with drawings prepared by Fine Line Drafting and Design Inc, dated October 3, 2024 on Part Lot 17, Plan 782; being Part 1 on Reference Plan 58R-18922, 29 The Crestway, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: The variances 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 2589751 ONTARIO INC requesting minor variances to permit 23 parking spaces rather than the minimum required 38 parking spaces and to permit the required parking to be located in the front yard whereas the Zoning by-law does not permit parking in the front yard; a northerly side yard setback of 0m and a southerly side yard setback of 1.8m rather than the required 3m; a rear yard setback of 0.1m rather than the required 7.5m; a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; and, ground floor level units to having no patio areas whereas the Zoning By-Law requires ground floor units to have a patio area, to facilitate the redevelopment of the existing building with 33 dwelling units in accordance with Site Plan Application SP24/047/F/AA, on Part Lots 30 and 31, Plan 959, 165 Fairway Road North, Kitchener, Ontario, BE

That the application of HOLGER FISCHER requesting a minor variance to permit a portion of an accessory structure to be located in the front yard, whereas the Zoning By-law does not permit accessory structures to be located in the front yard, to legalize the location of an existing shed, generally in accordance with drawings by Holger Fischer submitted with Minor Variance Application A2024-097 on Lot 19, Plan 764, 593 Ephraim 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 DARIJA MIROSAVLJEVIC and PETE PANAYIOTIS CHRISTODOULOU requesting a minor variance to permit the conversion of an existing garage into an Additional Dwelling Unit (ADU) (Detached) having a Gross Floor Area (GFA) of 83.7sq.m. rather than the maximum permitted 80sq.m., generally in accordance with drawings attached to Minor Variance Application A2024-098, on Part Lots 218 and 219, Plan 254, 153 Eighth Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the property owner shall: i) modify and install a distinguishable driveway and required walkway(s); ii) modify the parking area in the rear yard to remove unnecessary asphalt, not required for parking, and install appropriate landscaping; iii) modify the existing deck/porch and the existing fence in the front yard to be in compliance with the regulations of Zoning By-law 2019-051 and the Fence By-law, to the satisfaction of the Manager of Development Approvals, by June 1, 2025. That any request for a time extension related to removal of the existing asphalt areas must be approved in writing by the Manager of Development Approvals prior to completion date set out in this decision. Failure to complete Condition 1 will result in this approval becoming null and void. 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

That the application of 165 COURTLAND LTD requesting minor variances to Zoning By-Law 2019-051 to permit a building length of 70.7m rather than the required 36m; a building height of 17.5m rather than the permitted 11m; a rear yard landscaped area of 30.8% rather than the minimum required 40%; and, a minor variance to Zoning By-law 85-1 to permit a Floor Space Ratio (FSR) of 1.2 rather than the permitted 1.0 to facilitate the development of 4-storey multiple dwelling having 36 dwelling units in accordance with Site Plan Application SP20/064/C/ES, generally, in accordance with drawings prepared by SRM Architects, dated October 2, 2024, on Part Lot 50, Streets and Lanes, save and except Part 1 on Reference Plan 58R-21175, Part Lot 4, Plan 395, being Part 2 on Reference Plan 58R-5430, 165 Courtland Avenue 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 .

That the application of ACTIVA HOLDINGS INC requesting consent to create an irregular shaped access easement having a width of 7.3m, an approximate length of 300m and an approximate area of 2,190sq.m over the internal roadway within Unit 2 of Waterloo Vacant Land Condominium Plan (WVLCP) 782, in favour of Units 3-9 of WVLCP for the purpose of access, in accordance with Parts 1 and 2 on Reference Plan 58R-21439, prepared by MTE Ontario Land Surveyors Ltd., dated June 8, 2022, on Block 132, Registered Plan 58M-642, 630 Benninger 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. 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 s

That the application of KK HOLDING INC requesting consent to sever a parcel of land having a width of 7.9m, a depth of 45.7m and an area of 362.3sq.m. The retained land will have a width of 7.9m, a depth of 45.7m and an area of 362.3 sq.m. The severance will allow each half of a semi-detached dwelling to be dealt with independently, on Part Lot 3, Plan 785, 829 Stirling Avenue South, Kitchener, Ontario, BE

That the application of KOLB CREEK LAND CORP requesting consent to create easements over the severed lands identified as Parts 5, 6 and 7 on the plan submitted with the application in favour of the retained land for the purpose of servicing and access (subject to Consent Application B 2023-040 which would sever the lot for a future residential development), in accordance with drawings prepared by MHBC Planning dated August 23, 2023, on Block 1, Registered Plan 58M-654, 75 Otterbein Road, 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. 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 a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided

That the application of KOLB CREEK LAND CORP requesting consent to create an easement over a retained land identified as Part 2 on the plan submitted with the application (subject to Consent Application B 2023-040 which would sever the lot for a future residential development), in favour of the severed land for the purpose of access and servicing, in accordance with the drawings prepared by MHBC Planning dated August 23, 2023, on Block 1, Registered Plan 58M-654, 75 Otterbein Road, 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. 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 a satisfactory Solicitor’s Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the

That the application of MIRJANA PERENCEVIC and PERO PERENCEVIC requesting consent to create an easement having a width of 1.9m, a length of 58.8m and an area of 113.5 sq.m. for a shared driveway between 70 and 74 Rutherford Drive, on Part Lot 7, Plan 742; being Parts 1 & 2 on Reference Plan 58R-21514, 70 Rutherford Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That Minor Variance Application A2024-104 receive final approval. 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. 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 remove the existing asphalt areas in the front and rear yards and replace with sod, or other landscaping, in accordance with the regulations of Zoning By-law 2019-051 and drawings prepared by Bobicon Ltd., dated August 23, 2024, to the satisfaction o

That the application of MIRJANA PERENCEVIC and PERO PERENCEVIC requesting consent to create an easement having a width of 1.9m, a length of 58.8m and an area of 113.5 sq.m. for a shared driveway between 70 and 74 Rutherford Drive, on Part Lot 7, Plan 742; being Parts 3 & 4 on Reference Plan 58R-21514, 74 Rutherford Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That Minor Variance Application A2024-105 receive final approval. 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. 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 remove the existing asphalt areas in the front and rear yards and replace with sod, or other landscaping, in accordance with the regulations of Zoning By-law 2019-051 and drawings prepared by Bobicon Ltd., dated August 23, 2024, to the satisfaction o

That the application of MIRJANA PERENCEVIC and PERO PERENCEVIC requesting minor variances to permit a drive aisle width of 4.4m rather than the required 6m; and, to permit a driveway width of 1.9m rather than the required 2.6m, to facilitate the proposed shared driveway between 70 and 74 Rutherford Drive, generally in accordance with drawings prepared by Bobicon Ltd., dated August 23, 2024, on Part Lot 7, Plan 742; being Parts 1 & 2 on Reference Plan 58R-21514, 70 Rutherford Drive, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner shall remove the existing asphalt areas in the front and rear yards and replace with sod or other landscaping, in accordance with the regulations of Zoning By-law 2019-051 and drawings prepared by Bobicon, dated August 23, 2024, to the satisfaction of the Manager of Development Approvals, by June 1, 2025. That any request for a time extension related to removal of the existing asphalt areas must be approved in writing by the Manager of Development Approvals prior to completion date set out in this decision. Failure to complete Condition 1 will result in this approval becoming null and void. That the property owner shall ensure walkways to the front porch and the side of the property have a maximum width of 1.1m, to the satisfaction of the Manager of Development Approvals. It is the opinion of this Committee that: The variances requested in this application are minor. This application is desirable for the

That the application of HABITAT FOR HUMANITY WATERLOO REGION INC requesting a minor variance to Zoning By-law 85-1 to permit a front yard setback of 6.0m rather than the required 6.58m to facilitate the construction of 2 new semi-detached dwellings, on Part Lot 48, Plan 393, 102 St. George Street, Kitchener, Ontario, BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is 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.