Committee of Adjustment

That the application of KITCHENER CHARLES DEVELOPMENTS LIMITED requesting minor variances to permit a residential parking rate of 0.64 spaces per unit inclusive of visitor parking, rather than 1.0 spaces per unit for units; to permit visitor parking to be provided at a rate of 8% of required residential parking spaces, rather than 20% of the required parking spaces; to permit a commercial parking rate of 1 space per 45 sq.m. rather than 1 space per 20 sq.m.; to remove the requirement for a Driveway Visibility Triangle (DVT), whereas the By-law requires a DVT; to allow a building height over 0.9m within the defined area along Charles Street West; to permit a day care facility on lands affected by Special Regulation Provision 1R where the day care facility is located on the second floor; to permit a horizontal distance of 13m from the east building corner on the Charles Street façade with no display windows or entrances; and, to permit parking spaces within a minimum width of 2.4m and a minimum length of 4.8m rather than a minimum width of 2.6m and a minimum length of 5m for up to 10% of the parking spaces, to facilitate the development of a residential and commercial development containing to high-rise buildings being 33 and 37 stories and two stacked townhouse blocks, generally in accordance with Site Plan Application SP23/012/K/KA, on Part lots 1-4, Plan 404; Part lot 191, 206 and Streets & lanes, Plan 303, 787 King Street East, 432 Charles Street East & 5 Stirling Avenue So

That the application of PATRICIA RECCHIA requesting minor variances to permit a lot to have a width of 8.8m rather than the minimum required 13.1m and to permit the minimum side yard of the principal dwelling to be 1.3m rather than the minimum required 2.5m, to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the existing semi-detached dwelling, generally in accordance with drawings prepared by Milton Gomez, dated October 2023, on Part lot 11, Plan 1304, Part Block A, Plan 1321, 117 Ingleside 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 MELISSA MEDINA requesting a minor variance to permit a required parking space to be located 0m from the street line instead of the minimum required 6m; and for one of the required parking spaces to have a with of2.5m rather than the required 2.6m to accommodate two side-by-side parking spaces for a proposed Additional Dwelling Unit (ADU) (Attached), a duplex, generally in accordance with drawings prepared by Thinkform Architecture + Interiors, dated Revision No. 6, September 20, 2023, on Lot 33, Plan 1496, 52 Sabrina 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 SYSTEM TUNE INC requesting minor variances to permit three (3) structural pillars at the main entrance and a small portion of the southeast corner of the proposed building to encroach into the Driveway Visibility Triangle (DVT) to facilitate the development of the lands with a 12-storey residential care facility with 181 dwelling units, whereas the By-law does not permit any encroachments into the DVT, generally in accordance with Condition Approved Site Plan Application SP23/007/Q/KA, on Municipal Compiled Plan of Subdivision of Lot 17, German Company Tract, Part of Lot 71, 600 Queen Street South, 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 MARION BROWN and ROBERT BROWN requesting a minor variance to an attached garage to project 1.7m from the habitable portion of the dwelling to facilitate the construction of a new attached garage onto the existing dwelling, whereas the zoning by-law does not permit attached garages to project beyond the habitable portion of the dwelling, generally in accordance with drawings prepared by Tri-City Drafting and Design Services, dated August 2023, on Lot 19 and Part of the Park Lot, Plan 831, 55 Roxborough 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 55 FRANKLIN GP INC requesting minor variances to permit a minimum parking rate of 0.415 spaces per dwelling unit (25 spaces), rather than the minimum 1 space required; and, to permit a multi-unit parking rate of 1 space per 53 sq.m. (6 spaces) rather than the required minimum multi-unit rate of 1 space per 35 sq.m. In total 31 parking spaces will be provided per building for an overall total of 127 parking spaces, to facilitate the development of 4 6-storey mixed used buildings containing commercial uses on the main floor and residential units above, 240 units are proposed to be affordable residential units, generally in accordance with Site Plan Application SP20/075/F/AP, on Lot 143, Lot 152, Part Lot 142, Part Lot 144, Part Lot 151, Part Lot 153, Plan 254, 55 Franklin Street South, Kitchener, Ontario, BE APPROVED , subject to the following condition: That a Site Plan Application, to revise SP20/075/F/AP, be submitted and approved to the satisfaction of the Manager of Development Review. 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 proc

That the application of JAMES MELLISH and BEVERLEY MELLISH requesting permission to sever a parcel of land at the rear of the existing dwelling, having a width of 32m, a depth of 45m, and an area dos 1253.6 sq.m. The retained land will have a width of 52m, a depth of 45m, and an area of 1741 sq.m., on Part Lot 1, Plan 689, 52 Edgehill Drive, Kitchener, Ontario, BE

That the application of JAMES MELLISH and BEVERLEY MELLISH requesting minor variances to permit reduced lot areas for both the proposed severed and retained lands of 1,253sq.m. and 1,741sq.m., rather than the minimum required 2,023sq.m. The retained parcel will maintain the existing dwelling, while the severed parcel is intended for a residential dwelling, on Part Lot 1, Plan 689, 52 Edgehill Drive, Kitchener, Ontario, BE