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Committee of Adjustment
January 20, 2026
Declared interests
DSD-2026-019 A. Brennanwith respect to minor variance application A 2026-001 - 532 Courtland Avenue East, DSD-2026-019, on the agenda this date due to their employment
What was decided (5 motions)
5 carried, 0 recorded otherwise. Every motion below is printed as the minutes print it.
That the application of FREURE PROMONTORY INC c/o DAVID FREURE requesting minor variances to permit parking spaces and drive aisles not to be located entirely behind the area on the ground floor devoted to the permitted multiple dwelling use for the entire length of the street line façade, whereas the Zoning By-law requires parking and drive aisles to be located entirely behind the area on the ground floor devoted to the multiple dwelling use for the entire length of the street line façade, except for access; and, to permit a building with 5-10 units to have a building length of 30.5m rather than the maximum permitted 24m, to facilitate the construction of a 3-storey multiple dwelling having 5 dwelling units, generally in accordance with drawings prepared by Freure Homes, dated May 16, 2025, on Lot 3, Plan 692, 532 Courtland Avenue East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That prior to any site alteration or issuance of a Demolition Permit, the property owner shall submit a Plan, prepared by a qualified consultant, to the satisfaction and approval of the City’s Manager, Site Plans showing the following: the proposed location of all buildings (including accessory buildings and structures), decks and driveways; the location of any existing buildings or structures to be removed or relocated; the proposed grades and drainage; the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including
Moved by M. Gambetti, seconded by M. Melo
Carried
That the application of NATHAN TZIANAS requesting a minor variance to permit a 'Car Wash' as a permitted use in the 'Mid Rise Growth (SGA-2)' Zone Category, whereas a 'Car Wash' use is not a permitted use within the 'SGA-2' Zone, on Con Beasley's Broken Front Part Lot 8, 4417 King Street East, Kitchener, Ontario, BE REFUSED . It is the opinion of this Committee that: The variance requested in this application is not minor. This application is not 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 not 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 .
Moved by M. Gambetti, seconded by B. McColl
Carried
That the application of CITY OF KITCHENER c/o ERIN MARRIOTT requesting a minor variance to permit a lot area of 21.9 hectares rather than the required 40 hectares; and, a lot width of 243.8m rather than the minimum required 300m to facilitate the construction of a new maintenance building for the Williamsburg Cemetery, generally in accordance with drawings prepared by mcCallumSather, dated November 27, 2025, on Part Lot 155, German Company Tract, 1541 Fischer Hallman 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 .
Moved by M. Gambetti, seconded by M. Melo
Carried
That the application of SAMANTHA BURKE and STEVEN FOURNIER requesting minor variances to permit a northerly exterior side yard setback of 1.6m rather than the minimum required 4.5m to recognize the location of the existing dwelling; and, to permit a proposed 2nd storey dormer to have a northerly exterior side yard setback of 1.8 m rather than the minimum required 4.5 m, to facilitate internal stairway access to the attic, generally in accordance with drawings prepared by Eagleview Construction, dated October 2025, Part Lot 59, German Company Tract, 56 Woolwich 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 .
Moved by M. Gambetti, seconded by M. Melo
Carried
That the application of MUSTUFA SWALAH and SABOOHI SWALAH requesting a minor variance to permit a westerly side yard setback of 0.1m rather than the required 0.5 m to legalize the existing steps in the side yard and to facilitate an Additional Dwelling Unit (ADU) (Attached) (Duplex), in accordance with the drawings prepared by Prism Design Space, dated November 13, 2025, on Lot 6, Plan 58M-615, 14 Sportsman Hill Street, 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 .