Committee of Adjustment

"That the regular minutes of the Committee of Adjustment meeting held August 20, 2024, as circulated to the members, be accepted."

That the application of DAVIES HOLDINGS INC and ESTATE OF GAIL IRENE SHEPPARD and JOHN AVERY SHEPPARD for minor variances to permit an easterly side yard setback for a parking lot of 0.2m rather than the required 1.5m; to permit parking spaces to be located 1.5m from the street line along Bruce Street, rather than the required 4.5m; to permit the minimum required parking spaces for a Multiple Residential Dwelling to be 1 (0.25 parking spaces per dwelling unit) rather than the required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a right (interior) side yard setback of 1.2m rather than the required 4m; and, to permit the minimum ground floor building height, for any building with a street line façade, of 3.6m rather than the required 4.5m, to facilitate the development of a 3-storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP24/033/F/BB, on Lot 31, Plan 357, 570 Frederick 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 t

That the application of 1289193 ONTARIO INC requesting permission to grant an access easement on a newly proposed lot line, and further to access points on Tu-Lane Street and Gateway Park Drive having a width of 7.3m and an area of 1,266 sq.m generally in accordance with the severance sketch, prepared by MHBC Planning, dated May 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, Kitchener, Ontario, BE

That the application of 1289193 ONTARIO INC requesting permission to sever a parcel of land at the corner of King Street East and Gateway Park Drive having a width of 237m, a depth of 140m, and an area of 20,092sq.m., and to create an Easement over the ‘Severed Parcel’, in favour of the ‘Retained Parcel’ for access, generally in accordance with the severance sketch, prepared by MHBC Planning, dated March 2024, on Block 11, Plan 1745 and Block 4, Lots 1, 8, 9, 10, Plan 1744, 135 Gateway Park Drive, 135 Gateway Park Drive, Kitchener, Ontario, BE

That the application of 22 WOODFERN CRT INC requesting minor variances to permit 20 parking spaces rather than the required 34 parking spaces and 3 visitor parking spaces rather than the required 6 visitor parking spaces to facilitate the conversion of the existing 17-unit multi-residential building into a 34-unit multi-unit residential dwelling in accordance with Site Plan Application SP24/052/W/ES, on Lot 25, Plan 1270, 22 Woodfern Court, 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 1000328814 ONTARIO INC requesting a minor variance to permit 13 parking spaces (1.08 parking spaces per dwelling unit) rather than the required 14 parking spaces (1.15 parking spaces per dwelling unit) to facilitate the development of an additional dwelling unit within the existing 11-unit multiple dwelling for a total of 12 dwelling units in accordance with Site Plan Application SP24/046/H/TS, on Lots 9 & 10, Plan 1119, 47 Hugo 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 509 WILSON LTD requesting a minor variance from Special Use Provision 112U of Zoning By-law 85-1 to permit a 'Personal Services' use in Unit 6 of the existing building generally in accordance with drawings prepared by the applicant, attached to Minor Variance Application A2024-071, on Part Lot 7, Plan 1525; being Parts 4, 7, 16 to 19 on Reference Plan 58R-4670, 509 Wilson 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 MAGDALENA ANNA COBER and TODD WARREN COBER requesting a minor variance to permit an accessory structure to have a building height of 6.8m rather than the permitted 3m to facilitate the construction of a pool house in the rear yard of an existing single detached dwelling, generally in accordance with drawings prepared by M. Tomlinson Residential Drafting, dated August 1, 2024, on Part Lot 24, Plan 698, 109 Edgehill 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 CAMERON DONOVAN ROSS and VICKI SUSAN KUULA-ROSS requesting minor variances to permit an unenclosed front porch to be located 2m from the front lot line rather than the required 3m; the porch steps to be located 1m from the front lot line rather than the required 3m; and, to permit part of the porch having a height of 0.98m to be located within the Driveway Visibility Triangle (DVT) rather than maximum permitted height of 0.9m within the DVT in order to replace an existing front porch, generally in accordance with the drawings prepared by the owner and the drawings submitted to the building permit prepared by Nathan Siemon, dated July 9, 2024, on Lot 64, Plan 203, 177 Esson 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 HIGHLAND PARK SHOPPING CENTRE LTD requesting a minor variance to permit an easterly side yard setback of 2.5m rather than the required 3m to facilitate the newly proposed lot line arising from the severance (Consent Application B 2024-024), generally in accordance with drawings prepared by Van Harten Land Surveyors, dated July 29, 2024, on Part Lot 21, Plan 1004; being Parts 1 to 4 on Reference Plan 58R-5638, 525 Highland Road West, 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 2296342 ONTARIO INC requesting minor variances for the retained land (Consent Application B2024-025) to have a northerly side yard setback of 1m rather than the required 4.5m and a rear yard setback of 1.0m rather than the required 7.5m, generally in accordance with drawings prepared by Patterson Planning Consultants, on Lots 104-107, Part of Lots 108, 109, 130-135, Plan 307; Lot 160, Streets & Lanes; being Part 1 of Reference Plan 58R-22023, 15 Dellroy 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 2296342 ONTARIO INC requesting minor variances for the severed land (Consent Application B2024-025) to have a lot width of 19.2m rather than the required 30m; a rear yard setback of 6m rather than the required 7.5m, and, a Floor Space Ratio (FSR) of 4.2 rather than the maximum permitted FSR of 4.0, generally in accordance with drawings prepared by Patterson Planning Consultants, on Lots 104-107, Part of Lots 108, 109, 130-135, Plan 307; Lot 160, Streets & Lanes; being Part 1 of Reference Plan 58R-22023, 15 Dellroy 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 .