Committee of Adjustment

That the Application of SSB Developments Ltd. requesting consent to sever a parcel of land having a width of 9.6m, a depth of 38.2m and an area of 378.5sq.m. be

That the application of STAM INVESTMENTS LIMITED (TREVOR WITT) requesting permission to allow for a maximum building height of 12m rather than the required maximum 10.5m to provide design flexibility for architectural features and increased roofline and parapet detailing for multiple dwellings proposed to be constructed on the lands, on Parts 1, 2, 3, 4, 5, and 6 on Reference Plan 58R-21442, (Vacant Land) Rosenberg Way & Amand Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the property owner shall make financial arrangements for the minor variance application review fee to the Grand River Conservation Authority. 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 CHRISTOPHER JOHN KAHLER and MICHELLE LOUISE KAHLER and NICHOLAS PETER KAHLER requesting a minor variance to By-law 85-1 to permit an Additional Dwelling Unit (ADU) (Detached) to be located in a side yard abutting a street, generally in accordance with the site plan prepared by Tri-City Drafting and Design Services, dated June 8, 2022; and, a minor variance to By-law 2019-051 to permit an Additional Dwelling Unit (ADU) (Detached) to be located in an exterior side yard, generally in accordance with the site plan prepared by Tri-City Drafting and Design Services, dated June 8, 2022, on Lot 111, Registered Plan 58M-575, 177 Eden Oak Trail, Kitchener, Ontario, BE APPROVED. The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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

That the application of MARCUS DAMIAN HOREA requesting a minor variance to By-law 85-1 to construct an attached covered deck in the rear yard of an existing single detailed dwelling having a rear yard setback of 3.8m rather than the required 7.5m and that the covered deck be generally in accordance with drawings prepared by AFJ Building Design, Drafting, & 3D Renderings, dated May 30, 2022; and; a minor variance to By-law 2019-051 to permit the proposed attached covered rear deck to have a rear yard setback of 3.8m instead of the minimum required 4m for covered, unenclosed decks attached to the principal dwelling and that the covered deck be generally in accordance with drawings prepared by AFJ Building Design, Drafting, & 3D Renderings, dated May 30, 2022, on Lot 18, Registered Plan 58M-400, 10 Langton Drive, Kitchener, Ontario BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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. Pur

That the application of SKAI AVENUE INC requesting a minor variance to permit the principal dwelling to have a right side yard setback of 0.42m rather than the required 1.2m to facilitate the construction and development of an Additional Dwelling Unit (ADU) (Detached), generally in accordance with drawings prepared by QBS Architects, in accordance with the Site Plan Application SP22/100/C/TZ, dated May 12, 2022 on Part Lots 10 and 11, Registered Plan 768, 240 Chapel 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 CATHERINE JANETTE BOYER requesting a minor variance to By-law 85-1 to permit an interior side yard setback of 1m rather than the required 1.2m to facilitate the conversion of the existing carport to an attached garage, generally in accordance with drawings prepared by Elle3 Design & Interiors Inc., dated May 19, 2022; and, a minor variance to Zoning By-Law 2019-051 to permit an interior side yard setback of 1m rather than the required 1.2m to facilitate the conversion of the existing carport to an attached garage, generally in accordance with drawings prepared by Elle3 Design & Interiors Inc., dated May 19, 2022, on Lot 115, Reference Plan 1052, 125 Uplands Drive, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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 decisi

That the application of MIRIAM BROWNE and SEAN BROWNE requesting a minor variance to Zoning By-Law 85-1 to permit the required off-street parking space to be located 3.2m from the street property line rather than the required 6m, to facilitate the partial conversion of the existing attached garage into a personal home office, for the exclusive use of the resident, generally in accordance with drawing prepared by Carole Boucher Architect, dated June 1, 2022; and, a minor variance to Zoning By-law 2019-051 to permit the required off-street parking space to be located 3.2m from the street property line rather than the required 6m, to facilitate the partial conversion of the existing attached garage into a personal home office, for the exclusive use of the resident, generally in accordance with drawing prepared by Carole Boucher Architect, dated June 1, 2022, on Lot 103, Registered Plan 928, 31 Monterey Road, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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

That the application of STEPHEN BRUCE PREECE requesting a minor variance to Zoning By-Law 85-1 to permit the required off-street parking to be located 0m from the street line rather than the required 6m to recognize the two (2) side by side parking spaces in the existing driveway, for the existing single detached dwelling and to facilitate the development of an Additional Dwelling Unit (ADU) (Detached), generally in accordance with drawings prepared by Interior Design Hub, dated May 11, 2022, in accordance with Site Plan Application SP22/072/W/TZ; and, a minor variance to Zoning By-law 2019-051 to permit the required off-street parking to be located 0m from the street line instead of the minimum required 6m to recognize the two (2) side by side parking spaces in the existing driveway, for the existing single detached dwelling and to facilitate the development of an Additional Dwelling Unit (ADU) (Detached), generally in accordance with drawings prepared by Interior Design Hub, dated May 11, 2022, in accordance with Site Plan Application SP22/072/W/TZ, on Lot 28, Registered Plan 328, 64 Wilhelm Street, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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 application of BRIDGEPORT AT LANCASTER requesting a minor variance to permit a minimum parking requirement of 0.75 parking spaces per dwelling unit (72 parking spaces) rather than the required 0.9 parking space per dwelling unit (87 parking spaces), generally in accordance with drawings prepared by Edge Architects Ltd, dated June 9, 2022, in accordance with Site Plan Application SP/19/135/B/GS, on Part Lot 59, Reference Plan 58R-20557, Part 1, Germany Company Tract, 544 Bridgeport 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 FREURE PROMONTORY INC requesting a minor variance to Zoning By-law 85-1 to permit a deck that is greater than 0.6m in height above grade, to be set back 2.5 m rather than the required 4 m, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021, in accordance with Site Plan Application SP/18/062/H/KA; and, a minor variance to Zoning By-law 2019-051 to permit an unenclosed deck that exceeds 0.6m in height above grade, to be located 2.5m from the rear lot line, rather than the required 4 to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD-2022-338), in accordance with Site Plan Application SP/18/062/H/KA, on Block 45, Registered Plan 58M-644, 26, Pony Way, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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 Offici

That the application of FREURE PROMONTORY INC requesting a minor variance to Zoning By-law 85-1 to permit a deck that is greater than 0.6m in height above grade, to be set back 2.5m from the rear lot line, rather than the required 4m, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021, in accordance with Site Plan Application SP/18/062/H/KA; and, a minor variance to Zoning By-law 2019-051 to permit an unenclosed deck that exceeds 0.6m in height above grade, to be located a minimum of 2.5 m from the rear lot line, rather than the required 4m to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021 (attached to Report DSD-2022-338), in accordance with Site Plan Application SP/18/062/H/KA, on Block 45, Registered Plan 58M-644, 28 Pony Way, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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 o

That the application of FREURE PROMONTORY INC requesting a minor variance to Zoning By-law 85-1 to permit a deck that is greater than 0.6m in height above grade, to be set back a minimum of 2.5m from the rear lot line, rather than the required 4m, to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021, in accordance with Site Plan Application SP/18/062/H/KA; and, a minor variance to Zoning By-law 2019-051 to permit an unenclosed deck that exceeds 0.6m in height above grade, to be located a minimum of 2.5m from the rear lot line, rather than the 4m to facilitate the construction of a rear yard deck generally in accordance with drawings prepared by Freure Homes, dated August 31, 2021, in accordance with Site Plan Application SP/18/062/H/KA, on Block 45, Registered Plan 58M-644, 32 Pony Way, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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 O

That the application of MADELEINE MARIE KARABELA requesting a minor variance to By-law 85-1 permit a minimum side yard abutting a street of 3.6m rather than the required 4.5m, to facilitate the construction of an addition to the existing single detached dwelling, generally in accordance with drawings prepared by Bankside Design Studio Inc.; and, a minor variance to Zoning By-law 2019-051 to permit a minimum exterior side yard of 3.6m rather than the required 4.5m, to facilitate the construction of an addition to the existing single detached dwelling, generally in accordance with drawings prepared by Bankside Design Studio Inc., dated May 20, 2022, on Lot 9, Registered Plan 349, 247 Glasgow Street, Kitchener, Ontario, BE APPROVED . The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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 Committe

That the application of WILLIAM ROBERT WIRTZ requesting permission to sever a parcel of land with an approximate lot width of 25.2m, a depth of 12.3 m, and a lot area of 309.7 sq.m, to be conveyed as a lot addition to the adjacent property at 456 Prospect Avenue, on Part Lot 1, Plan 267, 452 Prospect 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 provides 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 lands to be severed be added to the abutting lands and title 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 Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P

That the application of ACTIVA HOLDINGS INC requesting a minor variance permission to Zoning By-law 85-1 to permit a maximum garage width of 78% of the width of the front façade instead of the maximum permitted 70%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS; and, a minor variance to Zoning By-law 2019-051 to permit a maximum garage width of 78% of the width of the front façade instead of the maximum permitted 60%, to facilitate the construction of a townhouse dwelling unit in accordance with Site Plan Application SP22/096/S/TS, on Block 74, Plan 58M-584, 21 Shaded Creek Drive, Kitchener, Ontario, BE APPROVED. The minor variance(s), to the Zoning By-law 2022-040 shall become effective only at such time the By-law 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: 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