Committee of Adjustment

That the application of NADEJDA VLADCO and NATALIA PODOLEAN requesting a minor variance to permit a visibility obstruction (a fence) having a height of 1.83m within one side of the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT; a lot area of 393 sq.m. rather than the required 450 sq.m; a front yard setback of 3.8m rather than the required 4.5m; an exterior side yard setback abutting York Street of 2.5m rather than the required 4m; a building height of 12m rather than the maximum permitted 11m to facilitate the redevelopment of the property into an 8-unit multi-residential dwelling, on Lot 28, Plan 287, 96 Wood Street, Kitchener, Ontario, BE

That the application of REGIONAL MUNICIPALITY OF WATERLOO requesting minor variances to permit a 2.9m westerly interior side yard setback rather than the required 4.5m; a maximum Gross Floor Area (GFA) of 1,100 sq.m, for individual non-residential use whereas a maximum GFA of 600 sq.m.is permitted; to permit dwelling units located at ground floor level to have no patio area adjacent to the dwelling unit with direct access to such dwelling unit; to add a Health Clinic and Social Service Establishment as permitted uses; to permit balconies 1.1m from the street line rather than the required 3m; having 303 parking spaces rather than the required 378 parking spaces (1 space per unit); having non-residential uses subject to the Multi-Unit Parking Rate with a gross floor area (GFA) of 2657 sq.m.; 32 parking spaces rather than the required 78 parking spaces (1 space per 35 sq.m.); and, having parking spaces to be assigned uses in the following quantities: dwelling units having a minimum of 303 parking spaces, nonresidential uses having a minimum of 32 parking spaces and a minimum of 30 parking spaces for visitors rather than all parking spaces being shared between uses and unassigned to facilitate the redevelopment of the property with residential, social services and convenience retail uses, generally in accordance with drawings prepared by SvN - Architects + Planners, on Lot 12, Plan 1268, 15 -105 Mooregate Crescent, Kitchener, Ontario, BE APPROVED . It is the opinion of this Commi

That the application of MAGDALENA EZBIETA GAWRONSKA and MARIUSZ GAWRONSKI requesting a minor variance to permit a maximum height to the underside of the fascia of 4.3m rather than the permitted 3m to facilitate the construction of an accessory structure in the rear yard of the subject property, generally in accordance with drawings by View-it Design, dated March 2024, on Part Lot 10, Plan 1661; being Part 2 on Reference Plan 58R-6172, 42 Wendy 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 NICHOLAS WILLIAM EDWARD VINING requesting a minor variance Zoning By-Law 2019-051 an 85-1 to permit a front yard setback of 2m rather than the required 4.5m to facilitate the construction of a 2-storey addition, a porch and ground supported a balcony in the front yard of the existing dwelling, in accordance with drawings prepared by John MacDonald Architect, dated November 1, 2024, on Part Lot 18, Plan 390, 124 Cedar Street South, Kitchener, Ontario, BE APPROVED. This Minor Variance shall become effective only at such time as By-law 2024-065 (for Protected Major Transit Station Areas Lands) 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 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 KAITLYNN LEISA WONG and SIMON WONG and ZORAN BOGUNOVIC requesting minor variances to permit at-grade steps to be setback 0.1m from the easterly lot line rather than the required 0.5m; and, having a front yard setback of 5.15m rather than the required 6.61m, to facilitate the construction of a second floor balcony supported by the ground of a detached dwelling unit on the 2nd floor and the construction of an unobstructed walkway leading to an Additional Dwelling Unit (Detached) in the rear yard , generally in accordance with drawings prepared by Bobicon Ltd., dated November 11, 2024, on Lot 14, Plan 750, 578 Guelph Street, 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 DANIEL ROBERT DEBOER and SUSAN EILEEN DEBOER requesting minor variances to permit a driveway having a width of 11m rather than the maximum permitted 8m; and, to permit an Existing Dwelling to have a front yard setback of 24.3m rather than existing 32.3m, a northerly side yard setback of 16.5m rather than the existing 25.8m, a southerly side yard setback of 14.6m rather than the existing 20.7m; and, a rear yard setback of 26.3m rather than the existing 21.5m to facilitate the reconstruction of the existing single detached dwelling and wider driveway , generally in accordance with drawings prepared by Erich R. Rube, dated September 18, 2024, on German Tract Company Part Lot 150, 1838 Trussler 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 HIDAYATH HOLDINGS INC requesting permission to permit a parcel discharge of a mortgage on an irregular parcel of land having an area of 0.15 hectares at the rear of the subject land municipally addressed as 250 Shirley Avenue to be conveyed as a lot addition (approved in Consent Application B 2024-019) to the land municipally addressed as 260 Shirley Avenue , on Tract German Company Part Lot 122, 250 Shirley Avenue, 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 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 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. It is the opinion

by That the application of DRAGO SINDJIC and GUY FUROY requesting permission to sever a parcel of land (identified as Parcel A on the plan submitted with the application) having a width of 7.5m, a depth of 30.5m and an area of 225 sq.m. which is proposed to contain a new semi-detached dwelling , on Lot 34, Plan 1515, 120 Keewatin Avenue, Kitchener, Ontario, BE

by That the application of DRAGO SINDJIC and GUY FUROY requesting permission to sever a parcel of land (identified as Parcel B on the plan submitted with the application) having a width of 7.5m, a depth of 31.5m and an area of 230 sq.m. which is proposed to contain a new semi-detached dwelling , on Lot 34, Plan 1515, 120 Keewatin Avenue, Kitchener, Ontario, BE

That the application of WM. J. GIES CONSTRUCTION LIMITED (JIM GIES) requesting minor variances to permit a corner lot width of 12.5m rather than the required 12.8m; and, a rear yard setback of 4m rather than the required 7.5m to facilitate the construction of a new detached dwelling on a vacant corner lot in accordance with the Zoning By-law and Fence By-law, generally in accordance with drawings by J.D. Barnes Limited, submitted with Minor Variance Application A 2024-110 on Lot 67, Registered Plan 58M-651, 171 Otterbein 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 1678838 ONTARIO INC requesting permission to sever a parcel of land from the lands addressed as 98-102 Weber Street East, having an approximate width of 14.3m on Lancaster Street East, a depth of 21.7m and an area of 375.2sq.m., generally in accordance with the drawing entitled Severed Lot 4 – 233 Lancaster Street East attached to Development Services Department report DSD-2024-531, on Lot 4, Plan 364, 233 Lancaster Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That Minor Variance Application A2024-119 receive final approval. 2. 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. 3. 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. 4. 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 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. 5. That the existing utility shed / trailer be remo