Committee of Adjustment

That the application of SAMOONDESWARI ARJUNAN and SARAVANA RAJAN requesting a minor variance to permit a required parking space to be located 2.3m from the street line rather than the minimum required 6m, to facilitate the conversion of the Single Detached Dwelling into a Duplex (single detached dwelling with attached additional dwelling unit), on Plan 790 Lot 1, 423 Edwin 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 12134225 CANADA INC requesting a minor variance to permit a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; and, to permit a front yard setback of 6.76m rather than the required 7.77m to facilitate the construction of a multiple residential development with 24 dwelling units in accordance with Site Plan Application SP22/014/C/ES, on Plan 651, Part Lot 179, 101 Clive 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.

That the application of SCHLEGEL URBAN DEVELOPMENTS CORP requesting a minor variance to permit an outdoor patio to be located 0m from a lot line abutting a street rather than the minimum required 3m, to facilitate the development of a new outdoor patio space for an existing commercial use (restaurant) adjacent to Max Becker Drive, generally in accordance with drawings prepared by Schlegel Urban Developments, dated February 28, 2024, on Plan 58M-307, Block 1, 1187 Fischer Hallman Road, 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 BENJAMINS REAL ESTATE HOLDINGS INC - 001 requesting a minor variance to permit a front yard setback of 0m rather than the required 3m; having an easterly side yard setback of 3.5m rather than the required 4.5m; having a rear yard setback of 4m rather than the required 7.5m; having a setback for the required off-street located 0m from the westerly lot line, rather than the required 3m; having 0 off-street parking spaces rather than the required 11 (there are two visitor parking spaces proposed); and, to permit a reduction in private amenity space for units at grade to be 3 sq.m. rather than the required 11 sq.m. to facilitate the construction of a three storey addition in the rear of an existing 3-storey multiple dwelling building increasing the number of residential units from 6 to 11 in accordance with Site Plan Application SP22/154/L/BB, on Plan 417, Part Lot 3, 58 & 60 Ellen Street East and 115 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following: This Minor Variance shall become effective only at such time as By-law 2024-066 comes into force and effect, 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 and effect 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.

That the application of ELEMENTARY TEACHERS’ FEDERATION OF ONTARIO requesting a minor variance to permit a maximum parking requirement of 67 parking spaces rather than the maximum permitted parking requirement of 26 parking spaces to facilitate the creation of parking spaces in an existing gravelled area on the property in accordance with Site Plan Application SP23/076/W/TZ, on Registrar's Comp Plan 1525, Part Lot 33, RP58R-15535, Part 1, 610 Wabanaki 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 NANAKO FURUTA and EHIN KUMAR GUKHOOL requesting a minor variance to permit a minimum lot width of 12.1m rather than the minimum required 13.1m to permit the development of an Additional Dwelling Unit (ADU) (Attached) within the existing building to facilitate the conversion of the existing Duplex into a Triplex, generally in accordance with a drawing prepared by King Street Construction, dated as revised to March 12, 2024, on Plan 254, Lot 138, 54 Franklin Street South, 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 1000447836 ONTARIO INC requesting a minor variance to permit a lot width of 12.1m rather than the required 13.1m; to permit a driveway to have a minimum width at one point of 2.2m rather than the required 2m; to permit a maximum driveway width in the rear yard of 5.4m (44.6%) rather than the maximum permitted 4.8m (40%); and, to permit a parking requirement of 2 off-street parking spaces rather than the required 3 parking spaces to facilitate the development of two (2) Additional Dwelling Units (ADUs) (Attached) and the conversion of a single detached dwelling into a triplex, generally in accordance with drawings prepared by Fine Line Drafting & Design, dated February 29, 2024, on Plan 207, Lot 36, 59 Vancamp 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 LEA AMARILLE and LEFRY AMARILLE requesting a minor variance to permit a required parking space to be located 1.9m from the street line rather than the required 6m; and, to permit a driveway to have a maximum width of 5.2m (57.1%) rather than the maximum permitted 4.5m (50%) to facilitate the development of an Additional Dwelling Unit (ADU) (Attached) in the existing Semi-Detached Dwelling, on Plan 1034, Part Block A, Plan 1321, Part Block A, 109 Ingleside Drive, Kitchener, Ontario, BE APPROVED , subject to the following condition: That the property owner shall ensure an application for a building permit be made. 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 PRIME SKY INC requesting a minor variance to permit a parking lot to be set back 0m from a side lot line rather than the minimum required 1m; to permit a minimum lot width of 15.2m rather than the required 19m; having a minimum interior side yard to the south of 2.6m rather than the minimum required 4m; having an increase in the maximum permitted Floor Space Ratio from 0.6 to 0.75; having a building height of 10.1m rather than the maximum permitted 9m to facilitate the development of a block of 5 cluster townhouse dwelling units, generally in accordance with the Site Plan and Elevation Drawings prepared by Masri O Inc. Architects, dated October 30, 2023 and last revised March 11, 2024, except for the second storey decks and the visitor designation of the barrier-free parking space, on Plan 811, Lot 10, 172 Kehl 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 websi

That the application of TPP55 INCORPORATED requesting a minor variance to permit a rear yard setback of 2.7m rather than the minimum required 7.5m to facilitate the construction of a one (1) storey addition to an industrial building having an area of 526 sq,m. in accordance with Site Plan Application SP24/004/T/AA, on Plan 1478, Lot 13, RP 58R-1111, Part 33, 55 Trillium Park 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 WALTRAUD RATTE requesting permission to sever a parcel of land, 103 Dalegrove Drive, having a lot width of 9.3m along Dalegrove Drive, a lot depth of 30.9m, and a lot area of 282 sq.m. The lands to be retained, 105 Dalegrove Drive, will have a lot width of 9.1m along Dalegrove Drive, a lot depth of 30.9m and a lot area of 282 sq.m. The consent will permit each half of an existing semi-detached dwelling to be dealt with independently, on Plan 1304, Part Lot 17, 103 & 105 Dalegrove 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 property owner shall make satisfactory financial arrangements to the Region of Waterloo for the consent application review fee of $350.00. That t

That the application of ST PAUL’S EVANGELICAL LUTHERAN CHURCH requesting permission to create 2 easements over 137 Queen Street South (being Parcel A (retained lands) identified in B 2023-013, B 2023-014 and B 2023-015 in favour of 15 Church Street (being parcel C (severed lands) identified in B 2023-013, B 2023-014 and B 2023-015). The proposed easements replace and expand the previous easement approved in application B 2023-015. Easement #3 is proposed to have a width of 3.2m, a length of 36.735m and an area of 126 sq.m. for the purpose of access and parking, and Easement #4 is proposed to have a width of 3.25m, a length of 20.88m and an area of 67.8 sq.m. for the purpose of access, parking and storm water, on Plan 394, Part Lots 6 and 7, RP 58R-11820, Parts 5, 6, 14 and 15, 137 Queen Street South, 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