Committee of Adjustment

"That an in-camera meeting be held immediately prior to the Public meeting of the Committee of Adjustment this date for members of the Committee of Adjustment to receive education and training as authorized by Sections 239 (3.1) of the Municipal Act, 2001."

"That Douglas Pateman be appointed as Acting Chair for the December 13, 2022 Committee of Adjustment meeting."

"That Scott Hannah be appointed as Vice-Chair for the Committee of Adjustment, for the term ending November 30, 2023."

That the application of ESTATE OF MARIA KRUPPA requesting permission to sever a parcel of land so each half of a semi-detached dwelling can be dealt with separately. The severed land will have a width of 9.9m, a depth of 39.6m and an area of 408 sq.m. The retained land will have a width of 9.9m, a depth of 40.6m along one lot line and 38.9m along the other lot line and an area of 548 sq.m, on Lot 1, Registered Plan 1216, 78-80 Old Chicopee 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 satisfactory 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 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 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 financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. It is the opinion of this Commi

That the application of GREGORY CAMERON LEWIS requesting a minor variance to the Zoning By-law to permit a minimum lot area of 332.5 sq.m rather than the required 495 sq.m; having a minimum lot width of 12.2m rather than the required 15.0m; a minimum side yard abutting Kennedy Avenue of 3.3m rather than the required 4.5m; having 2 off-street parking spaces, rather than the required 3 off-street parking spaces; and, to permit the corner of the existing 2-storey deck to encroach into the Driveway Visibility Triangle (DVT) whereas encroachment is not permitted in the DVT, to facilitate the development of a multiple dwelling unit with 3 dwelling units, generally in accordance with drawings prepared by Fine Line Drafting and Design, dated October 14, 2022, on Lot 45, Plan 239, 192 Kent 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 KOURTNEY EVA FALLE requesting a minor variance to Zoning By-law 85-1 to permit the required parking space to be located 2.6m from the street (property) line rather than the minimum required 6.0m; and, a minor variance to Zoning By-law 2019-051 to permit a southerly interior side yard setback of 1.0m rather than the minimum required 1.2m, to facilitate the conversion of the existing carport into a living space, generally in accordance with drawings prepared by Fine Line Drafting & Design on October 17, 2022, on Part Lot 26, Registered Plan 1384, 100 Monteagle Crescent, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 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. 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 ple

by D. Pateman That the application of 332 CHARLES GP INC requesting a minor variance to the Zoning By-law to permit an “Animal Shelter” as a permitted use, whereas the By-law does not permit an “Animal Shelter” use in an MU-3 Zone; and, to permit a maximum front yard setback of 14.0m rather than the maximum permitted 7.5m, to recognize and permit the existing building to be used as an ‘Animal Shelter’ use in accordance with the approved Site Plan dated September 6, 1979, on Lots 208 and 209, Plan 303; Part Lots 207 and 210, Plan 303, 332 Charles Street East, 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 REVALUE PROPERTIES INC requesting a minor variance to Zoning By-law 85-1 to legalize the required parking space located within an existing garage of a semi-detached dwelling to have a length of 4.87m rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to legalize the required parking space located within an existing garage of a semi-detached dwelling to have a length of 4.87m rather than the required 5.5m, on Part Block B, Plan 254, being Part 1 on Reference Plan 58R-21206, 81 Second Avenue, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 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. 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 availabl

That the application of WEIJIE ZHANG requesting a minor variance to Zoning By-law 85-1 to legalize the required parking space within an existing garage of a semi-detached dwelling to have a length of 4.87m in length rather than the required 5.49m; and, a minor variance to Zoning By-law 2019-051 to legalize the required parking space within an existing garage of a semi-detached dwelling to have a length of 4.87m rather than the required 5.5m, on Lot 17, Plan 254, 83 Second Avenue, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 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. 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 EDWARD J MCCOLOUGH requesting a minor variance to Zoning By-law 85-1 and 2019-051 to permit a front yard setback of 2.8m rather than the minimum required 4.5m to allow for Barrier Free Access to be added to the front porch of an existing single detached dwelling, on Lot 22, Registered Plan 125, 360 Wellington Street North, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 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. 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 CATHERINE ELIZABETH SCOTT requesting a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to construct a carport having the required off-street parking located 3.0m from a side lot line abutting Fairmount Road rather than the required 6m setback; to permit the carport to be located 5.7m from the rear lot line rather than the required 7.5m; and, to legalize an existing parking space located between the building and the street line abutting Fairmount Road, having a minimum length of 3.0m rather than the required 5.5m, generally in accordance with drawings prepared by Carole Boucher Architect, dated November 10, 2022, on Part Lot 127, Plan 651, 213 Sheldon Avenue North, Kitchener, Ontario, BE APPROVED. The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 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. 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

That the application of EMILY RUTH SLOFSTRA requesting a minor variance to Zoning By-law 85-1 and Zoning By-law 2019-051 to permit a front yard setback of 5.1m rather than the minimum required 6.8m; and, an easterly interior side yard to have setback of 1.1m rather than the required 1.2m, to facilitate a covered expansion of the existing front porch, generally in accordance with drawings prepared by Carole Boucher Architect, dated October 26, 2022, on Part Lot C, Plan 386, Part Lot 5, Plan 415, 488 Duke Street West, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 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. 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

That the application of GARY KLUTT requesting a minor variance to the Zoning By-law to permit a convenience retail outlet to have a Gross Leasable Commercial Floor Area of 310 sq.m. rather than the maximum permitted 225 sq.m, to allow convenience retail use of a unit in an existing commercial building, on Part Lots 5, 6 and 8, Plan 166, Part of Biehns Unnumbered Tract, being Part 1 on Reference Plan 58R-16890, being part 2 on Reference Plan 58R-19771, 2480 Homer Watson Boulevard, Unit A2 , 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 ADAM ALLAN BASARABA requesting a minor variance to the Zoning By-law to permit a Maximum Additional Building Floor Area in the ‘Existing Use Zone (E1)’ of 38.6% (35.2 sq.m.), rather than the maximum permitted 25% (23.7 sq.m.), to facilitate the construction of a garage attached to the rear of the existing dwelling, generally in accordance with drawings prepared by Alex Josic, dated October 24, 2022, on Part Lot 13, Registered Plan 384, 10 Pattandon Avenue, Kitchener, Ontario, BE APPROVED , subject to the following condition: That prior to the issuance of a Building Permit, the property owner shall obtain the required approvals from the Grand River Conservation Authority (GRCA) permit. 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 RUSTUM FATAAR requesting permission for the enlargement or extension of a printing and publishing establishment that is a legal non-conforming use under Zoning By-law 85-1 and Zoning By-law 2019-051, to facilitate the construction of a two-storey addition at the front of the building having a floor area of 101.3 sq.m for the total building Gross Floor Area of 600 sq.m, generally in accordance with the Site Plan, dated November 16, 2022, on Lot 47, Registered Plan 254, 21 Third Avenue, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2022-040 comes into force, 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 as of the final date of this decision. It is the opinion of this Committee that the request for permission to enlarge/extend a legal non-conforming use (a printing and publishing establishment) to facilitate the construction of a two-storey addition at the front of the building having a floor area of 101.3 sq.m for the total building Gross Floor Area of 600 sq.m under Section 45(2)(a) of the Planning Act is appropriate for the following reasons: That the approval of this application is in the public interest. That the construction of a two-storey addition will not create any adverse impacts. Pursuant to Section 45 of the Planning Act, all oral and written s

That the application of JAMES ANTHONY STEINBACH and KALITA HANSON requesting permission to sever a parcel of land at the rear of the subject property having a width of 18.2m, a depth of 8.32m and an area of 152.1 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 11 Norbert Place, on Part Lot 6, Plan 675, 17 Nelson 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 satisfactory 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 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 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 lands to be severed be added to the abutting lands and be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Section 50(3) and/

That the application of KSH CORPORATION requesting a Validation of Title to correct a contravention to the Planning Act; an Easement Maintenance Agreement and Transfer Easement was registered in 2010 without evidence of a Certificate of Consent. The easement is in favour of 274 Highland Road East, having a width of 3.0m, a depth of 30.4m and an area of 91.5 sq.m., on Part Lots 18 and 19, Plan 25, 280 Highland Road East, 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 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. It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section

That the application of INNOVATION DEVELOPMENTS KITCHENER LTD requesting permission to modify Condition 1 of Provisional Consent decision B 2021-004 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision, on Lots 1-6, 9 & Part Lot 11, Registered Plan 143 and Part Lots 1 – 3 Registered Plan 423, 92, 100, 102, 106 and 110 Park Street and 130, 138, 142, 150-154 Victoria Street South, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes for 92, 100, 102, 106, and 110 Park Street and 130, 138, 142, 150-154, and 162 Victoria Street South, to the satisfaction of the City’s Revenue Division. That the 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 owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the

Seconded D. Gundrum That the application of 138 VICTORIA LIMITED requesting permission to modify Condition 1 of Provisional Consent decision B 2021-005 granted by the Committee of Adjustment on February 16, 2021 to reflect the ownership change of Innovation Developments Kitchener Limited, as well as, the addition of an additional Condition to obtain the Certificate of Consent within two years of the Committee rendering a decision, on Lots 1-6, 9 & Part Lot 11, Registered Plan 143 and Part Lots 1 – 3 Registered Plan 423, 92, 100, 102, 106 and 110 Park Street and 130, 138, 142, 150-154 Victoria Street South, Kitchener, Ontario, BE APPROVED , subject to the following conditions: That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes for 92, 100, 102, 106, and 110 Park Street and 130, 138, 142, 150-154, and 162 Victoria Street South, to the satisfaction of the City’s Revenue Division.” That the 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 owner’s solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the