Committee of Adjustment

That the application of 1000213586 ONTARIO INC requesting a minor variance to permit a parking requirement of 16 parking spaces rather than the minimum required 32 parking spaces to facilitate the development of 11 new dwelling units within an existing building having 18 dwelling units, for a total of 29 dwelling units in accordance with Site Plan Application SP24/086/M/BB, on Part Lot 3, Plan 959 & Part Lot 1, Plan 986 & Part Block E, Plan 115, being Parts 1-3 on Reference Plan 58R871, 191 Morgan 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 .

That the application of FARID DAWOOD KASSAM and WASEELA SULAIMAN SALEH requesting minor variances to permit an addition of a deck to have a rear yard setback of 3.9m rather than the minimum required 4.0m; and, to permit an addition (a sunroom) to have a rear yard setback of 4.8m rather than the minimum required 7.5m, in accordance with drawings prepared by Four Seasons Sunrooms GTA, dated January 26, 2025, on Plan 58M-117, Lot 93, 241 Huck Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the property owner shall provide and show Erosion and Sedimentation Control Measures on the plot plan for the Application for Building Permit to protect the ‘Locally Significant Valleyland’ to the rear and side of 241 Huck Crescent. 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 2335314 ONTARIO INC requesting minor variances to permit a northerly side yard setback of 3.2m rather than the minimum required 7.5m; and, to permit a parking requirement of 8 parking spaces rather than the minimum required 16 parking spaces to facilitate a 2-storey addition at the rear of the existing building for the expansion of an existing daycare use in accordance with Site Plan Application SPF25/003/J, on Part Lot Farm, Plan 589, 14 Jansen 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 DANDAN XU, HONGFA XU and JEFFREY COOPER requesting a minor variance to permit a southerly side yard setback of 0m rather than the required 1.2m to recognize an existing driveway and to facilitate the conversion of the existing garage into an entry area for an Additional Dwelling Unit (ADU) (Attached), generally in accordance with drawings submitted as part of Minor Variance Application A 2025-049, on Lot 23, Plan 1472, 42 Orchard Mill Crescent, 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 CONCEZIO GIAMPIETRO and SALVATORE GIAMPIETRO requesting minor variances to Zoning By-law 85-1 to permit a residential building without central air conditioning, double-glazed windows, and EW1 exterior walls to be located 3.8m from an Arterial Road rather than the minimum permitted 12m; and, to permit a driveway width of 2.2 m rather than the minimum required 2.6m to facilitate use of the existing building for a Single Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached) as a Triplex Use, generally in accordance with drawings prepared by Fiori Design, dated November 14, 2024, on Part Lots 18 & 19, Plan 157, 503 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the property owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. That the property owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: “Warning: The Applicant is advised that the subject land is located within Metrolinx’s 300 metres railway corridor zon

That the application of CONCEZIO GIAMPIETRO and SALVATORE GIAMPIETRO requesting minor variances to Zoning By-law 85-1 to permit an unobstructed walkway to overlap with the driveway whereas the Zoning By-law does not permit this; and, to permit a driveway to be comprised of the same material as the unobstructed walkway whereas the Zoning By-law does not permit this, to facilitate use of the existing building for a Single Detached Dwelling with 2 Additional Dwelling Units (ADU)(Attached) as a Triplex Use, generally in accordance with drawings prepared by Fiori Design, dated November 14, 2024, on Part Lots 18 & 19, Plan 157, 503 Victoria Street North, 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 KING PINE KITCHENER INC requesting minor variances for the severed lands (created through Consent Application B 2025-017) to permit a front yard width on King Street West of 2.28m rather than the required 48.0m; to permit a side yard setback (southerly property line, middle) of 0m rather than the required 3m; a side yard setback (westerly property line, interior) of 0m rather than the required 3m; a minimum physical separation for storeys 7-12 (southerly property line, middle) of 0m rather than the required 6m; a minimum physical separation for storeys 7-12 (westerly property line, interior) of 0m, rather than the required 6m; a minimum physical separation for storeys 13-18 (westerly property, interior) of 6.1m rather than the required 9m; a minimum physical separation for storeys 19-36 (westerly property line, interior) of 6.1m rather than the required12m; and, a minimum physical separation for storeys 37-45 (westerly property line, interior) of 6.1m rather than the required 15m, in accordance with accordance with drawings prepared by Reinders and Associates, dated March 3, 2025, on Part Lots 304, 305 & 312, Lots 306, 319 & 320, Plan 385; being Part 1 on Reference Plan 58R-8237, 864 King 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