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Committee of Adjustment
September 19, 2023
What was decided (9 motions)
8 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
That the application of 2296342 ONTARIO INC requesting a minor variance to the Zoning By-law to facilitate the construction an 18-storey mixed-use building with residential and commercial uses having a front yard setback of 1.0m rather than the required 3.0m, a northerly side yard setback of 0.0m for covered bike parking rather than the required 4.5m; to permit 0.6 parking spaces per dwelling unit rather than the required 1 parking space per dwelling unit, and 0.08 visitor parking spaces per dwelling unit rather than the required 0.10 visitor parking spaces per dwelling unit; to permit support columns to encroach into the Driveway Visibility Triangles (DVT) abutting Weber Street East, whereas the By-law does not permit encroachments into the DVT; to permit the second floor of the proposed building to encroach into a DVT whereas the Zoning By-law does not permit obstructions within a DVT, except for objects 0.9m or less in height from the ground or objects higher than 5.0m in height from the ground; and, to permit parking spaces and drive aisles to be located on the ground floor of a multiple dwelling building not entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade whereas the Zoning By-law requires that all parking spaces and drive aisles on the ground floor of a multiple dwelling building be located entirely behind the area on the ground floor devoted to permitted uses abutting a street line facade, in ac
Moved by S. Hannah, seconded by B. McColl
Carried
That the application of VLADAN KNEZEVIC requesting a minor variance to the Zoning By-law to permit a rear yard setback of 4.6m from the northwest corner of the proposed building and 6.9m from the northeast corner of the proposed building rather than the required 7.5m to facilitate the construction of a new single detached dwelling, generally in accordance with drawings prepared by Bobicon Ltd., dated June 28, 2023, on Part Lot 15, Plan 943; being Part 2 on Reference Plan 58R-19428, 332 Prospect 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.
Moved by S. Hannah, seconded by B. McColl
Carried
That the application of ADRIAN DUMA and MAGDALENA DUMA requesting a minor variance to the Zoning By-law to permit a required parking space to be located 2.6m from the front lot line rather than the minimum required 6m, to facilitate the conversion of an existing Single Detached Dwelling into a Duplex, on Lot 69, Plan 1273, 254 Westwood 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.
Moved by S. Hannah, seconded by B. McColl
Carried
That the application of RYAN MICHAEL KRESSLER and STEPHANIE KRESSLER requesting a minor variance to the Zoning By-law to permit a required parking space to be located 4.5m from the front lot line rather than the minimum required 6m to facilitate the conversion of the attached garage into a new Additional Dwelling Unit (ADU) (Attached) in an existing single detached dwelling, on Lot 14, Plan 1441, 239 Rosebank 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.
Moved by S. Hannah, seconded by B. McColl
Carried
That the application of RONALD FIRMI BROHMAN requesting a minor variance to the Zoning By-law to permit a minimum parking requirement of 0 parking spaces rather than the minimum required 4 parking spaces, to facilitate the use of the building for commercial and residential uses until a legal right-of-way to the rear yard is established, in accordance with Site Plan Application SP22/17/R/Ts, on Part Lot 5, Plan 360, 27 Roy 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.
Moved by S. Hannah, seconded by B. McColl
Carried
That the application of RAMENA SHAMAON YOHANA and WAEL ISKARYA YOHANA requesting a minor variance to the Zoning By-law to permit a rear yard setback of 2m rather than the minimum required 7.5m to facilitate the construction of an addition in the interior side yard of the existing single detached dwelling, generally in accordance with drawings prepared by Pawandeep Grewal, dated August 2023, on Lot 31, Plan 1692, 148 Chandos 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.
Moved by S. Hannah, seconded by B. McColl
Carried
That the application of KK HOLDING INC requesting a minor variance to the Zoning By-law to permit a lot to have the width of 11.9m rather than the minimum required 13.1m; and, to permit three parking spaces to be located within 6.0m of the exterior lot line, rather than maximum one permitted, to facilitate the conversion of a semi-detached dwelling into a semi-detached duplex dwelling with an Additional Dwelling Unit (ADU) (Detached) within the rear yard , generally in accordance with drawings prepared by Rob Sajkunovic, dated August 16, 2023, on Part Block 58, Plan 1680; being Part 1 on Reference Plan 58R-6400, 15 Catalina Court, Kitchener, Ontario, BE
Moved by S. Hannah, seconded by B. McColl
Deferred
That the application of HAIFAA KHADOUR and PETRO CONSULTANTS AND SERVICES (ABDULMOUEN KHADDOUR) requesting a minor variance to the Zoning By-law to permit a lot to have the width of 12.7m rather than the minimum required 13.1m to facilitate the conversion of the existing single detached dwelling with 1 Additional Dwelling Unit (ADU) (attached) (Duplex) into a single detached dwelling unit with 2 Additional Dwelling Units (attached) (Triplex), generally in accordance with drawings prepared by Nuovo Engineering Services, dated June 2023, on Sub Lot 17, Plan 274, German Company Tract, 103 Peter 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.
Moved by S. Hannah, seconded by B. McColl
Carried
That the application of 12743931 CANADA INC requesting a minor variance to the Zoning By-law to permit steps that are within 3m of a street line and within a required yard to be 0.78m in height rather than the maximum permitted height of 0.6m; and to permit a porch to that is greater than 0.6m to be 0.22m from a street line rather than the minimum required 3m to permit the existing building on the subject property to have a total of 6 dwelling units, in accordance with drawings prepared by STAKT Architecture Inc., dated August 2, 2023, on Part Lot 7, Plan 401, 78 Weber Street West, 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.