Committee of Adjustment

That the application of BEVERLEY MELLISH and JAMES MELLISH requesting a minor variance to permit a driveway width of 16.5m for an existing driveway rather than maximum width of 8m, and to permit a lot area of 1,741sq.m., rather than the minimum required 2,023sq.m., generally in accordance with the Sketch for Severance included with Consent Application B 2023-042, prepared by Guenther Rueb Surveying Limited, on Part Lot 1, Plan 689, 52 Edgehill Drive, Kitchener, Ontario, BE APPROVED . It is the opinion of this Committee that: 1. The variances requested in this application are minor. 2. This application is desirable for the appropriate development of the property. 3. 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 BEVERLEY MELLISH and JAMES MELLISH requesting a minor variance to allow a lot area of 1,253.6sq.m. rather than the minimum required 2,023sq.m., generally in accordance with the Sketch for Severance included with Consent Application B 2023-X042, prepared by Guenther Rueb Surveying Limited, on Part Lot 1, Plan 689, 52 Edgehill Drive, 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 ELBITA BATKY and NELSON NAPOLES requesting a minor variance to permit a legal non-conforming single detached dwelling in a RES-7 zone to be used for a Single Detached Dwelling and a Personal Services Use (Hair Salon); to permit a parking space to be located 0.5m from the street line rather than the minimum required 3m, to permit a parking space to be located in a Driveway Visibility Triangle (DVT), whereas the By-law does not permit encroachments into the DVT; and, to permit one barrier-free parking space to be 2.4m wide rather than the required 3.4m, to facilitate the use of the existing building for a Single Detached Dwelling and a Personal Services Use (Hair Salon), generally in accordance with the drawings submitted with Minor Variance Application A 2024-001, on Plan 986, 3273 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the required parking spaces be demarcated on-site, as shown on the drawing in this staff report, and barrier-free signage is to be installed and provided in accordance with the City of Kitchener Urban Design Manual, That the property owner shall complete the work, identified in Condition No. 1 above by July 1, 2024. Any request for a time extension must be approved in writing by the Manager, Development Approvals prior to completion date set out in this decision. Failure to complete the condition will result in this approval becoming null and void. It is the opinion of this Committee

That the application of ACTIVA HOLDINGS INC requesting a minor variance to permit 6 external/end townhouse dwelling units in a future townhouse block to have a minimum lot width of 6.9m rather than the minimum required lot width for an external/end townhouse dwelling unit of 9.5m to facilitate the development of townhouse dwelling units on Winter Wren Crescent, generally in accordance with the drawings submitted with Minor Variance Application A 2024-003, on Part Lots 3 & 4, Block 11, Plan 58M-671, 1388 New Dundee Road (future 6 Winter Wren Crescent), 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 JAMES GIES CONSTRUCTION (JIM GIES) requesting a minor variance to permit a rear yard setback of 2.08m rather than the minimum required 7.5m to facilitate the construction of a detached dwelling in accordance with the Zoning By-law and Fence By-law on a vacant irregular sized corner lot, generally in accordance with the drawings submitted with Minor Variance Application A 2024-009, on Lot 68, Plan 58M-651,169 Otterbein 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 KLONDIKE HOMES LTD requesting a minor variance to permit a Floor Space Ratio (FSR) of 1.0 rather than the maximum permitted 0.9 to facilitate the redevelopment of the property with two (2) 3-storey stacked townhouse buildings with 16 units each, for a total of 32 dwelling units, generally in accordance with the drawings submitted with Minor Variance Application A 2024-010, on Part Lot 12, Part 1, Plan 58R-7570, 7 Morrison 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 CITY OF KITCHENER requesting a minor variance to permit a minimum parking requirement of 1 parking space for each 30 sq.m. of Gross Floor Area (GFA) rather than the required 1 parking space for each 23 sq.m., to facilitate the final stages of development for a Community Facility and a Fieldhouse, generally in accordance with the drawings submitted with Minor Variance Application A 2024-011, on Tract German Company Part Lots 151, 152 & 153, Parts 1 to 3, 58R3382, except parts 1 to 3, 58R10081, and except Part 1, 58R19939, 1955 Fischer Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the Applicant prepare a Parking Management Plan for Special Events, to the satisfaction of the City’s Director of Sport, in consultation with the City’s Director of Transportation, prior to final Site Plan Approval. 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 JILLIAN WELK and MICHAEL WELK requesting permission to establish an access and maintenance easement having an approximate width of 1.5 metres and a depth of 4.0 metres in favour of the “Severed Lot”, as generally shown in the “Easement Sketch”, on Part Lot 432, Parts 1 - 3, Plan 376, 46 Shanley Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. 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. 2. 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. 3. 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. 4. That the property owner shall ensure the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City’s Director of Pl