Committee of Adjustment

That the application of 2829591 ONTARIO INC requesting a minor variance to the Zoning By-law to permit an interior side yard setback of 1.5m rather than the required 3.0m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling, generally in accordance with the Site Plan drawings prepared by Gren Weis Architect and Associates, dated February 22, 2023, on Part Lot 13 and 14, Plan 352, 44 Rusholme Road, 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.

No. A 2023-024 That the application of BOJAN KARANOVIC requesting a minor variance to the Zoning By-law to permit a driveway with an attached garage for a semi-detached dwelling to have a width of 5.2m rather than the maximum permitted 3.0m (40% of the lot width), on Part Lot 101, Plan 806; being Part 1 on Reference Plan 58R-21576, 271 Hartwood Avenue, 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 would not be 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 AKSHAT CHOWDHARY and HARSIMRAN KAUR requesting a minor variance to the Zoning By-law to permit the conversion of the existing detached garage into an Additional Dwelling Unit (ADU) (Detached) to be located 0.5m from the rear lot line rather than the required 0.6m, an area of 391sq.m rather than the required 395sq.m; and, a width of 11.9m rather than required 13.1m, in accordance with drawings prepared by Dryden Smith & Head, dated January 12, 2023, on Lot 1, Plan 318, 74 Boehmer 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 2843837 ONTARIO INC requesting a minor variance to the Zoning By-Law to permit a southerly interior side yard setback of 2.55m rather than the required 3.0m; and, a Floor Space Ratio of 0.75 rather than the permitted 0.6, to facilitate the construction of two multi-residential buildings each containing 20 units. The two existing dwellings are proposed to be demolished, in accordance with Site Plan Application SP22/132/S/TS, dated October 12, 2022, on Part Lot 180, Plan 651, 289-295 Sheldon Avenue 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 FIRST CAPITAL (KITCHENER) CORPORATION requesting a minor variance to the Zoning By-law to permit 0 Class A bicycle stalls rather than the required 7 Class A bicycle stalls; and, a landscaped area of 11.4% rather than the required 20%, to facilitate the redevelopment of Stanley Park Mall with a new Canadian Tire store, generally in accordance with Site Plan Application SP22/088/O/LT, on Part Block E & F, Plan 1170; being Parts 1 & 2 on Reference Plan 58R-3606, in accordance with Site Plan Application SP22/088/O/LT, Plan 1170, 1005 Ottawa 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 2611601 ONTARIO INC requesting a minor variance to the Zoning By-law to permit an Additional Dwelling Unit (ADU) (Detached) on a lot having an area of 344.9sq.m rather than the required 395.0sq.m; and, on a lot having a width of 9.4m rather than the required 13.1m, to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of a duplex dwelling, on Part Lot 17, Plan 702; being Part 1 on Reference Plan 58R-21126, in accordance with drawings prepared by ACI Survey Consultants, dated December 16, 2020, 57 Barbara 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 GORDON THOMPSON and REBECCA THOMPSON requesting a minor variance to the Zoning By-law to permit a required parking space to be located 2.1m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing single detached dwelling into a duplex dwelling, in accordance with the drawings prepared by Peter Ciuciura, dated January 31, 2023, on Lot 20, Plan 1701, 299 Newbury 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 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, German Company Tract; being Part 3 on Reference Plan 58R-5221, 22 Hebel Place, Kitchener, Ontario, BE

That the application of HAROLD EMERSON MICHAEL REED and JEANNE LOUISE REED requesting a minor variance to the Zoning By-law to permit a lot having a width of 12.1m rather than the required 13.1m; and, to permit the driveway to be comprised of concrete and grass rather than material that is consistent throughout the driveway, and material distinguishable from all other ground cover or surfacing including landscaping or walkways, to facilitate the conversion of an existing single detached dwelling (Duplex) into a triplex, in accordance with drawings prepared by Mike Reed dated February 2, 2023, on Lot 23, Plan 125, Part 1, 364 Wellington 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 EMMANUEL ROBERTO TEIXEIRA requesting a minor variance to the Zoning By-law to permit a lot width of 16.15m rather than the required 19.0m; and, a front yard setback of 5.6m rather than the required 8.63m, to facilitate the addition of 3 dwelling units to the existing 3-unit multiple dwelling, having a total of 6 dwelling units, generally in accordance with drawings prepared by Jackman Construction, dated October 13, 2022, on Lot 18, Plan 1270, 106 Chandler 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 DINESH KUMAR GUPTA and EKTA GUPTA requesting a minor variance to the Zoning By-law 85-1 to permit a required parking space to be located 2.4m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing single detached dwelling into a duplex dwelling, in accordance with the drawings prepared by Blue Prints Permit, dated January 12, 2023, on Lot 16, Plan 1472, 12 Orchard Mill 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 ANTHONY ERWIN RADOVIC requesting a minor variance to the Zoning By-law 85-1 to permit an 8-unit multiple unit dwelling to have a parking requirement of 0 rather than the required 10 parking spaces and to permit 0 visitor parking spaces rather than the required 2 parking spaces, in accordance with drawings prepared by Rogan Home Design, dated January 18, 2022, on Lot 239, Plan 262, 183 Ottawa Street 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.

No. B 2023-008 That the application of WILLOWSIDE HOUSING CO-OPERATIVE INC requesting consent to sever a parcel of land having a width of 9.4m along Victoria Street South, a depth of 41.4m, an area of 389.3sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 239 Victoria Street South, on Part Lot 552, Plan 378, 241-243 Victoria Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That property owner shall ensure that the lands to be severed be added to the abutting lands, municipally addressed as 239 Victoria Street South and title be taken into identical ownership as the abutting lands. The deed endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Section 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c.P.13, as amended. 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 th

No. B 2023-010 That the application of JOHN BRIAN GALLIVAN and SUSAN ELAINE HOMER requesting consent to sever a parcel of land having a width of 20.0m, a depth of 126.0m, and an area of 2,581.0sq.m. The retained land will have a width of 26.0m, a depth of 125.0m, and an area of 4,043sq.m , generally in accordance with drawings prepared by Van Harten Survey Inc, dated January 18, 2023 , on Part Lot 44, Plan 793; being Part 2 of Reference Plan 58R-1423, 709 Glasgow Street, Kitchener, Ontario, BE

No. B 2023-013 That the application of ST PAULS LUTHERAN CHURCH requesting consent to sever a parcel of land having a width of 16.3m along Queen Street South, a depth of 27.0m and an area of 440.6sq.m and will contain an existing dwelling municipally addressed as 149 Queen Street South (B 2023-013 - Parcel B on the application), on Part Lot 6 & 7, Plan 394, 137 Queen Street South, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the property owner shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Security-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: a) complete a Building Code Assessment for the existing dwelling proposed to be retained on the severed parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the buildin