Committee of Adjustment

That the regular minutes of the Committee of Adjustment meeting held February 15, 2022, as circulated to the members, be accepted.

That the application of APRIL PATRICIA MANAHAN requesting permission to convert an existing semi-detached dwelling into a duplex having the 1 of the required off-street parking spaces located 0m from the street line rather than the required setback of 6m on Block 28, Registered Plan 58M-394, being Part 42, Reference Plan 58R-15530, 49 Lower Mercer 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.

That the application of SAI JYOTHI DUTTA and SRIRAM BANDARU requesting permission to construct raised steps in the southerly side yard of an existing single detached dwelling having a side yard setback of 0.15m rather than the required 0.75m to support the conversion of the dwelling into a duplex with a separate entrance for the basement unit, on Part Block 29, Registered Plan 58M-504, being Parts 35 & 66, Reference Plan 58R-19876, 158 Forest Creek Drive, 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 KENWYN WARNER and SHARON WARNER requesting permission to the Zoning By-law to ¬¬construct a landing for a stairway in the westerly side yard of an existing single detached dwelling having a side lot line setback of 0.14m rather than the required 0.75m to support the conversion of the dwelling into a duplex with a separate entrance for the basement unit, on Lot 69, Registered Plan 58M-324, 199 Steepleridge Drive, 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 DENISE LAUREL JOHNSTON and SEAN ROBERT JOHNSTON requesting permission to replace a 2 storey shed and construct a flat roof accessory structure (garage/storage) in the rear yard of an existing single detached dwelling having the maximum height for the underside of fascia of 3.2m rather than the maximum permitted 3m, on Lot 16, Registered Plan 1692, Part 1, 88 Chandos Drive, 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 SABRINA DIMECH requesting permission to convert an existing single detached dwelling into a duplex having 2 off-street parking spaces located within 6m of the street line (side by side parking) whereas the By-law only allows 1 parking space to be located within 6m of the street line (tandem parking), on Sub Lot 18, Part Lot 59, German Company Tract, 52 Perth 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 GEOFFREY BELLEW and MARINA BELLEW requesting permission to the Zoning By-law to widen the driveway of an existing single detached dwelling in general accordance with the Site Plan/Landscape Plan attached to Minor Variance Application A 2022-024 having a width of 15.2m rather than the permitted maximum width of 8m, on Lot 45, Plan 350, 201 Claremont 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 KAITLIN FILIPPOV and SERGUEI FILIPPOV requesting permission to construct a second storey addition in the rear yard of an existing single detached dwelling in general accordance with the Site Plan/Landscape Plan attached to Minor Variance Application A 2022-025 having a easterly side yard setback of 0.9m rather than the required 1.2m.; and a westerly side yard setback of 0.92m rather than the required 1.2m, on Lot 9, Registered Plan 736, 50 Fairfield 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 IURIE COVAL and VICTORIA COVAL requesting permission to convert an existing 2 storey duplex dwelling into a triplex having a lot area of 368.7sq.m. rather than the required 495sq.m.; a lot width of 12.1m rather than the required 15m; 1 parking space width of 2.4m rather than the required 2.6m; and, to allow the two existing driveways to remain rather than removing one of the driveways as required by the By-law, on Lot 37, Plan 239, 14 Kennedy 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 ZEESHAN GANDAPUR requesting permission to the Zoning By-law to convert an existing single detached dwelling into a triplex on a lot width of 13.1m rather than the required 15m, on Part Lot 23 and 24 of Section 4 on Plan 382, being Parts 1 to 3 of Reference Plan 58R-2399, 111 Church 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.

That the application of ALICIA NICOLE VINCENT and MARK ANDREW BUCKLEY requesting permission to the Zoning By-law to demolish an existing attached garage and¬ construct a 1 storey addition and roof deck in the rear yard of an existing single detached dwelling having a rear yard setback of 7m rather than the required 7.5m; a westerly side yard setback of 0.6m rather than the required 1.2m; a side yard abutting Lydia Street of 3.59m rather than the required 4.5m; a parking space located 0m from the street line rather than the required 6m; a driveway comprised of two separate materials including a walkway rather whereas the By-law requires a consistent material; a secondary parking space located on a driveway to have a length of 3.59m long rather than the required 5.5m; and, to permit a building to encroach into the Driveway Visibility Triangle (DVT) where encroachment is not permitted by the By-law, on Part Lots 23 to 25, Registered Plan 284, 178 Pandora Avenue North, 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 respec

That the application of KOLB CREEK LAND CORP. (NITIN JAIN) requesting permission to the Zoning By-law to construct a multi-residential development containing two 6 storey apartment buildings each containing 48 units and three townhouse blocks with 57 units for a total of 153 units having a parking rate of 1.1 spaces/unit (169 spaces) rather than the required 1.5 spaces/unit; and, a maximum building height for the apartment buildings of 19.5m rather than the permitted maximum 18m, on Block 1, of Registered Plan 58M-654, 75 Otterbein 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 AURORA GUADALUPE LOZANO JULIO and RAFAEL RIOBO CORTES requesting permission to the Zoning By-law to convert an existing single detached dwelling into a duplex having the required off-street parking space located 0m from the property line rather than the required 6m, on Lot 136, Registered Plan 1286, 230 Hazelglen Drive, 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 HIP NEW DUNDEE GP INC. and JOEL DOHERTY requesting permission to sever a parcel of land having a width of 67.96m, a depth of 157.54m and an area of 17941sq.m., on Parts 1 and 2 on Registered Plan 58-19982, 525 New Dundee Road, Kitchener, Ontario, BE APPROVED , subject to the following conditions: 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’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. The property owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor which shall acknowledge that the retained lands are unserviced and shall provide for the installation of services and service connections to the retained lands to be completed prior to any future development of the retained lands. The agreement shall fur

Submission: A 2022-030 That the application of VLADAN KNEZEVIC requesting permission for the retained parcel to have a rear yard setback of 2.3m rather than the required 7.5m; a side yard setback abutting Duke Street West of 2m rather than the required 4.5m; and, to permit a covered or enclosed porch with a height greater than 0.6m to be setback 0.63m from the rear lot line rather than the required 7.5m., on Part Lot D, Plan 386, 170 Waterloo 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.